Whenever any subdivision is proposed within
the territorial jurisdiction of the Board and before any permit for
the development of such land or for the erection of a structure thereon
may be granted, the owner or his authorized agent shall apply for
and secure approval of the proposed subdivision in accordance with
this chapter. Three principal steps are involved, namely:
[Added 12-21-1987 by L.L. No. 15-1987]
A.
In any subdivision or partitioning which results in
three or more lots, the Planning Board shall engage the services of
a professional planner to make recommendations to it in connection
with the planning and development of the parcel.
A.
Purpose. The purpose of the preapplication procedure
is to afford the subdivider an opportunity to consult early and informally
with the Board's representative before preparation of the preliminary
layout and before formal application for its approval, in order to
save time and unnecessary expense.
B.
Meeting with representative. Prior to filing an application for tentative approval of the preliminary layout, the subdivider should meet with the authorized representative of the Board to discuss his sketch plan, which shall comply with the requirements of § 185-46 and the requirements for improvements and public facilities and services. The step does not require a formal application, a fee or the filing of a plat with the Board.
C.
Before preparing a sketch plan or attending the initial
conference, the subdivider should familiarize himself with the regulations,
standards and requirements contained herein. He should discuss, with
the Village's authorized representative, the requirements as to general
layout of streets, lots and reservations and similar matters and with
the Engineer, street improvements, drainage, sewerage, water and like
matters, as well as the availability of existing services. In case
of land within 300 feet of Village boundaries, the subdivider should
also consult with such other Planning Boards as have jurisdiction
under Section 1610 of the County Government Law of Nassau County.
D.
The subdivider should also consult with parties potentially
interested with him or with the ultimate users of the land to be subdivided,
with a view to reaching, at this initial stage, firm conclusions regarding
the market demand, the suitability of the location of the proposed
subdivision, the most advantageous subdivision plan, the arrangement
of streets, lots and other features of the proposed subdivision.
A.
Application, fee and deposit. If the subdivider shall
request the consideration by the Board of a preliminary layout, 10
copies of the preliminary layout, which shall in all respects comply
with this chapter, shall be presented to the Clerk at least 21 days
prior to the meeting of the Board at which it is to be considered.
The preliminary layout shall be accompanied by the applicable fee
and deposit, payable to the Village, in the amounts appearing in the
fee schedule established by the Board of Trustees. Upon receipt of
the preliminary layout and payment of the fee and deposit, the Clerk
shall forthwith deliver the preliminary layout to the Board.
B.
Study of preliminary layout. It is recommended that the subdivider or his representative attend the Board meeting when the preliminary layout is considered. The Board will study the practicability of the preliminary layout, taking into consideration the requirements of Article III. If, in the opinion of the Board, the size, character, effect on neighboring property or other aspects of the proposed subdivision warrant, the Board may hold an informal public hearing on the preliminary layout.
C.
Staking of proposed streets and field trip. To facilitate
study of the preliminary layout in the field, the Board or its representative
may require the subdivider to stake certain roads at intervals of
50 feet along their center lines. Each stake shall be marked for ready
identification on the preliminary layout and shall show the approximate
height of any proposed cut or fill at that point. The Board may schedule
a field trip to the site, and the proposed subdivider should attend.
D.
Action on preliminary layout. Following review of
the preliminary layout and the other material submitted in accordance
with this chapter and discussion with the subdivider of changes deemed
advisable and the kind and extent of improvements to be made by him,
the Board may authorize preparation of the subdivision plat in accordance
with the preliminary layout as submitted, require stated modifications
of the preliminary layout and authorize preparation of the subdivision
plat as modified or disapprove the preliminary layout entirely, giving
the reasons therefor.
E.
Notation of action. The action of the Board shall
be noted on two copies of the preliminary layout, referenced and attached
to any changes or conditions required. One copy shall be returned
to the subdivider and the other copy retained by the Board.
F.
Effect of authorization. Authorization shall be deemed
a tentative approval of the design of the preliminary layout and shall
be a guide to the subdivider in preparing the subdivision plat.
A.
Subdivision plat requirements. The subdivision plat shall conform substantially to the preliminary layout as tentatively approved by the Board and to the requirements of § 185-49. If desired by the subdivider, the subdivision plat may constitute only that portion of the tentatively approved preliminary layout which he proposes to file and develop at the time; provided, however, that such portion shall conform to all requirements of this chapter and provided further that such portion abuts at least one street duly placed upon the Official Map, which street shall be improved to the satisfaction of the Board.
B.
Number of copies and time for submitting application. Ten copies of the subdivision plat, together with 10 copies of the construction plans and all other items required by this chapter, shall be prepared as specified in § 185-49 et seq. and shall be filed with the Clerk within six months after the date of authorization to prepare the subdivision plat; otherwise such authorization shall expire unless an extension of time is applied for in writing within said six-month period and thereafter granted by the Board.
C.
Application and submission date. Application for approval
of the subdivision plat shall be filed by the owner or by his duly
authorized agent in writing with the Clerk at least 21 days prior
to a scheduled regular monthly meeting of the Board. The subdivision
plat shall be deemed to be officially submitted upon the closing of
the public hearing held thereon.
D.
Endorsement of State Department of Health and public
districts. Proposed water supply and sewerage service facilities for
the land to be subdivided shall be approved by the New York State
Department of Health pursuant to §§ 1115, 1116, 1117
and 1118 of the Public Health Law and by any water, water supply,
drainage, improvement or sewer district or department having jurisdiction.
Application for approval of plans for water supply may be filed with
the Nassau County Department of Health and with the Water Department
of the Village of Old Westbury. Application for approval of plans
for sewerage facilities may be filed with the Nassau County Department
of Health. Endorsements of approval shall be obtained by the subdivider
and submitted to the Board with the application for approval of the
subdivision plat.
E.
Endorsement of Commissioner of Public Works. Pursuant
to § 334-a of the Real Property Law, the Board will not
consider approval of a subdivision plat unless the Commissioner of
Public Works of Nassau County has endorsed on the plat a statement
that he has approved the plans for grades of the streets shown on
such map and the drainage thereof. In the event that separate and
distinct plans for grading and drainage are required by said Commissioner,
a copy of such plans shall be submitted to the Board with the application
for approval of subdivision plat.
F.
Approval by other planning authority. Pursuant to
Section 1610 of the County Government Law of Nassau County, the planning
authority of each incorporated Village adjacent to the Village and
the Nassau County Planning Commission where adjacent territory is
unincorporated have the power and authority to approve plats within
the Village and within 300 feet of the boundary thereof. When a proposed
subdivision lies wholly or partially within 300 feet of the Village
boundaries, the subdivider shall obtain the approval of the planning
authority of the adjacent incorporated Village and/or of the unincorporated
territory, as the case may be, before commencement of the public hearing
on the subdivision plat.
G.
Public hearing. Upon the filing of the application
for approval, together with the subdivision plat, the construction
plans and all documents, consents, approvals and other items required
by this chapter upon payment of the necessary fee and deposit, the
Clerk shall cause to be advertised a notice of public hearing at least
once in the official newspaper of the Village at least 10 days before
such hearing, shall cause to be posted a copy of the notice of hearing
on the official Village bulletin board at least five days before such
hearing, and shall provide a copy of the notice of public hearing
to the applicant, who shall mail a copy thereof by certified mail
to each owner of land abutting or across the street from the land
shown on the subdivision plat not less than seven days prior to the
date of the hearing and who, prior to the hearing shall file with
the Clerk an affidavit of such mailing. No hearing may be held until
the affidavit of mailing shall have been filed as herein required.
If in its opinion good cause appears therefor, the Board may adjourn
the hearing to a subsequent regularly scheduled meeting of the Board.
[Amended 9-17-1984 by L.L. No. 18-1984]
H.
Action on subdivision plat. Within 45 days after conclusion
of the public hearing, the Board shall consider the matter and shall
approve, modify and approve or disapprove the subdivision plat by
a resolution which shall set forth, in detail, any conditions to which
approval is subject or the reasons for disapproval.
I.
Revision of subdivision plat. The subdivider will
be given a copy of the Board's resolution and, in the event that modifications
are required, he shall revise the subdivision plat and construction
plans to conform thereto.
See § 185-33.
After completion of the subdivision plat and
construction plans in accordance with the Board's resolution, the
original tracing and two prints of each shall, within the time specified
in said resolution or if no time is specified, within 30 days, be
filed with the Clerk for final review by the Board. Approval of the
subdivision plat shall be endorsed thereon as follows:
A.
When bonds are filed, approval of the plat shall be
endorsed thereon after the bonds have been approved and filed and
all of the conditions of the Board's resolution pertaining to the
plat have been satisfied.
B.
When no bond is filed, approval of the plat shall
be endorsed thereon after all conditions of the Boards resolution
have been satisfied and all required improvements completed to the
satisfaction of the Board.
C.
Number of copies to be signed. Approval of the Board
shall be noted on the subdivision plat by the Clerk, who shall sign
the tracing cloth original of the subdivision plat, which will be
returned to the subdivider, and one print of the plat which will be
retained by the Board.
In accordance with the Village Law and Real
Property Law, the approved subdivision plat shall be filed by the
subdivider with the Nassau County Clerk, Division of Land Records,
within 90 days of the date of signing. The approval of any plat not
so filed shall expire 90 days from the date of signing by the Board,
unless an extension of time is applied for in writing within said
ninety-day period and thereafter granted by the Board pursuant to
§ 7-728 of the Village Law.
Within 30 days of the filing thereof, the subdivider
shall submit to the Clerk two certified copies of the filed subdivision
plat.
No changes, erasures, modifications or revisions
shall be made in any subdivision plat after approval has been granted
by the Board and endorsed on the plat. In the event that any subdivision
plat, when recorded, contains any such changes, the plat shall be
deemed to be null and void, and the Board shall institute proceedings
to have said plat stricken from the records of the County Clerk. Any
erasures made on a plat prior to its signing shall be initialed by
the Clerk at the time of signing.
A.
General procedure. The procedure for approval of a
partitioning and/or the development thereof, as defined herein, shall
be the same as that for a subdivision plat.
B.
Waiver of preliminary layout. In cases where the Board
finds, after study of the sketch plan, that the proposed lots would
each front on a street which is duly placed on the Official Map and
which is improved to the satisfaction of the Board, meet the lot size
requirements of the Zoning Ordinance[1] and the objectives of this chapter and not be directly
related to a drainageway, the Board may waive the requirement for
approval of a preliminary layout and authorize the subdivider to prepare
a subdivision plat for approval of the Board, upon such conditions,
if any, as it may stipulate in the resolution granting such waiver
and authorization.
C.
Alternative to filing in County Clerk's office. In
the event that the partitioning shall involve not more than four lots,
on filing the application for approval of the subdivision plat, the
applicant may file a separate survey of each lot. Upon approval of
the subdivision plat, in lieu of the filing thereof in the office
of the County Clerk, the Board may authorize the applicant to file
with the Clerk and the Building Department copies of the survey of
each lot, together with the approved subdivision plat.
D.
Provision for improvements. If drainage facilities or other work is required on the land which is the subject of the partitioning, the Board may condition the issuance of building permits on certificates of occupancy upon prior completion of such work. In addition, or as an alternative, the Board may require the subdivider to furnish to the Village a performance bond as described in § 185-35 of this chapter.
The procedure for approval of the development, as defined in § 185-2 herein, of a plat entirely or partially undeveloped and which was filed in the office of the Clerk of Nassau County prior to the appointment of the Board and the grant to the Board of authority to approve plats, shall be the same as that for approval of a subdivision plat.
