[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 7-3-1991 as L.L. No. 5-1991. Amendments noted where applicable.]
In order to provide for future growth and development within the Village in an orderly, efficient and economic manner, and in order to ensure adequate facilities for the housing, transportation, comfort, convenience, safety, health and welfare of Village residents, the Board of Trustees has determined that it is necessary and desirable to require the approval by the Village of subdivisions of land and changes of property line within the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person having any presently vested or contingent interest in a parcel of land, including a contract vendee, who seeks approval by the Board of a preliminary or final plat.
- Two or more lots contiguous to each other which, as of June 1, 1991, are either owned by the same legal entity or, for zoning purposes, were treated as a unit prior to said date.
- The Board of Trustees of the Village of Great Neck Plaza sitting as the Planning Board of the Village or, in the event that a separate Planning Board is hereinafter established by the Village, such Planning Board.
- CHANGE OF PROPERTY LINE
- Any modification of the property line of any parcel of land within the Village.
- CONDITIONAL APPROVAL
- Approval of the layout of a proposed subdivision or change of property line as set forth in a preliminary plat, subject to the approval of the final plat in accordance with the procedures set forth hereinafter.
- DATE OF SUBMISSION OF A PRELIMINARY OR FINAL PLAT
- That date after the completion of all SEQR review procedures and after the receipt of all required data and information by the Board, when the preliminary or final plat is ready for review and evaluation by the Board.
- FINAL PLAT
- A survey or drawing in final form prepared by and submitted with the seal of a licensed land surveyor showing a proposed subdivision or change of property line containing all information or detail required by this chapter, by any other applicable state law or local law, ordinance, rule, regulation or resolution and, if modified as a conditionally approved plat, by such modification.
- A tax lot as shown on the Nassau County Land and Tax Maps filed in the office of the Nassau County Clerk on or before June 1, 1991.
- A lot or assemblage of land, as defined herein.
- PRELIMINARY PLAT
- A survey or drawing prepared by and submitted with the seal of a licensed land surveyor showing the salient features of a proposed subdivision or change of property line submitted to the Board for purposes of consideration prior to submission of the plat in final form.
- SUBDIVISION OF LAND
- A division of any parcel of land located within the Village into more than one lot, plot, site or parcel, with or without streets, except if said parcel of land is owned by the Village of Great Neck Plaza.
As of the effective date of this chapter, no subdivision of a parcel of land or change of property line within the Village shall be made or be effective unless the same shall have been first approved by the Board.
The Board shall be required to review and approve or disapprove all final plats showing lots, plats, blocks, units or sites, with or without streets or highways, within the Village. Such review and approval shall be in addition to any other review or approval required by other applicable provisions of local, state, County and federal law, including site plan review by the Village Board of Trustees.
At its discretion, the Board may adopt procedures to avoid unnecessary duplication between the submissions and hearing required under this chapter with the submissions and hearings required in connection with the issuance of a permit of compliance, including the cross-utilization of documents submitted by an applicant.
At the earliest possible date before submitting or preparing an application for preliminary approval, applicants or their agents shall consult with the appropriate Village officials as designated by the Board, and attend a preapplication process in order to make the review process undertaken by the Board as expeditious and efficient as possible. Compliance with the provisions of this Article is mandatory before an applicant may file an application for approval of a preliminary plat.
An applicant or his agent shall present to the Board eight copies of a preliminary plat for its review and approval prior to any subdivision or change of property line.
The preliminary plat shall be clearly marked "preliminary plat" and shall contain or be accompanied by the following information:
Scale. Scale of the layout, which shall be not more than 50 feet to the inch.
Topography. Topographic character of the land by means of contours of existing and proposed land surface, with intervals not to exceed two feet. Where the terrain is unusually flat or unusually steep, the Board may require a smaller contour interval or permit a greater contour interval. The existing topography shall be drawn from an actual survey certified by a licensed land surveyor. Contours for existing surfaces shall be extended to cover an area 200 feet beyond the boundaries of the parcel to be subdivided, or for which the application is made, and further to cover the tributary drainage areas affected by the site for which the application is made. Said topographic survey shall contain details concerning cutting and filling as necessary to accomplish plans of development. The Board, at its discretion, may require the developer to submit photographs adequately depicting the topography.
Owner of subdivision. Name and address of record owner. If the record owner is a corporation, or a partnership in which a corporation is a general partner, the names and addresses of the five largest shareholders of each such corporation shall also be stated.
Certified survey. A certified survey prepared by a licensed surveyor, containing the name, license number and seal of the surveyor, as well as any other licensed professional participating in its preparation.
Map reference. Nassau County Land and Tax Map designation for the land platted.
North arrow. The true North direction shall be at the top of the survey or within 20° east or west thereof.
Applicable use districts. The applicable use districts of Chapter 225, Zoning, and the boundaries of such districts as affect the area to be subdivided and also the area extending 300 feet beyond the boundaries of the proposed subdivision, regardless of whether such areas may lie within other municipal jurisdictions.
Other essential features. Location of existing buildings, watercourse, streams, ponds, recharge basins, storm sewers, sanitary sewers, water mains, gas mains, parks and other essential existing features, as well as easements, rights-of-way or other encumbrances.
Elevations. Approximate key elevations, directions of water flow and rate of grade on all proposed streets.
Street elevations. Established and existing elevations on existing streets, expressed to two decimal places.
Storm drains. Proposed provisions for collecting and disposing of stormwater.
Existing streets. Names, widths and proposed widening of existing streets located within the area to be subdivided or in the area extending 200 feet beyond the boundaries of the proposed subdivision. The location and type of sidewalk, curb and pavement, if any, shall also be shown. The layout shall also include indications of all locations where widening of roads may be required by the County Department of Public Works, the Village or the Town.
New streets. The names of all proposed streets, which names shall be the same as the names of the streets of which they are continuations or, if not continuations, shall not be similar to the names of any other streets within the Village or the area served by the same fire department or post office. The Board shall have the power to require changes in any proposed street names. Names of historical or local significance shall be preferred in the selection of street names.
Dedicated areas. All parcels of land proposed to be dedicated for public use, such as parks, playgrounds, recharge basins, streets, street widening, etc.
Schools and firehouses. Approximate distances to nearest schools and firehouses serving the proposed subdivision.
Proposed easements. Boundaries of proposed easements over, under or through private property. Permanent easements shall be not less than 10 feet in width and shall provide satisfactory access to an existing public highway or other public open space shown on the layout.
Lot lines. Proposed lot lines, with approximate dimensions.
Key map. Key map at a scale of 400 feet to the inch.
Area and number of lots. Total area in square feet and total number of lots in proposed subdivision, which shall be included in the survey.
Title. An abstract of title, certified by a title company licensed in the State of New York, showing the name of each owner of any part of the subject property and each owner of any interest or easement in any part of the real property which is the subject of the application.
Tree plan. A separate plan indicating existing trees shown in relation to existing and proposed contours, proposed buildings, structures, recreational facilities and roads. Trees shall be identified numerically, by size of tree diameter at breast height, species and those trees proposed to be saved.
Existing buildings. A description of all buildings, structures and improvements currently existing on the subject parcel, including location, floor plan sketch, height, material of construction (i.e., brick, wood, etc.), and drawings showing front, side and rear elevation, drawn to scale.
Proposed buildings. A description of all buildings, structures and improvements to be constructed on the subject parcel, including location, floor plan sketch, height, material of construction (i.e., brick, wood, etc.) and drawings showing front, side and rear elevation, drawn to scale.
Circulation systems. The existing and proposed on-site circulation systems, including both vehicular and pedestrian access and egress.
Sewage/drainage systems. The existing and proposed sewage and drainage systems.
Parking facilities. The existing and proposed on-site parking facilities, including dimensions of parking stalls and aisles, calculations of required parking as per code and actual parking provided.
Refuse collection. The existing and proposed loading and refuse collection areas drawn to scale including proposed screening methods.
Population. An estimate of the number of persons who are or will be using the site on a full-time or part-time basis, both before and after the proposed subdivision or change in property line, and an explanation of how such estimate was obtained.
Intention of dedication. In the event that any land or portions thereof shown on said plan are to be offered for dedication, a document signed by the owner stating: "The lands shown on this map as (description) are hereby irrevocably offered for dedication to the municipality having jurisdiction thereof."
The applicant or his agent shall file the requisite number of copies of the preliminary plat and of the above-described information, together with the requisite fee. The application shall be accompanied by an affidavit certifying to all persons having a direct or indirect interest in the application. In the case of a partnership applicant, the application shall state the names and addresses of all general and limited partners. In the case of a corporate applicant, or where a partnership or corporation is a shareholder of a corporate applicant or a general or limited partner of a partnership applicant, the application shall also state the name and address of each beneficial owner of more than 10% of the corporation's outstanding shares or the partnership's beneficial ownership.
The Board will notify the applicant of the date and time of the meeting of the Board at which the preliminary plat application will be considered. The applicant or his agent may attend the meeting designated by the Board to consider and discuss the preliminary plat. Presentation of a preliminary plat shall not be deemed submission of the plat for final approval.
All variances that shall be needed from applicable laws, ordinances or regulations shall be noted on the preliminary plat.
Within 60 days after the date of submission of the preliminary layout (including the payment of all required fees), the Board shall act thereon by conditionally approving the preliminary layout, with or without modifications, or disapproving such preliminary layout. The Board resolution shall state the ground for any modification or the ground for disapproval. In the event that the Board fails to act upon the preliminary layout, such failure to act shall not constitute an approval thereof, notwithstanding any provision of law to the contrary.
Conditional approval of the preliminary layout shall mean that the general layout of the subdivision and its improvements or the change of property line has been reviewed by the Board and that it conforms to the basic design criteria. The plan may then be further detailed at the request of the Board, and final plans may be submitted for public hearing. Conditional approval does not constitute or imply an approval of the final plat nor should it be considered as any basis for the construction of site improvements or other commitments which depend upon its design characteristics. Since conditional approval is granted prior to the statutory public hearing, it shall not be construed to bar the Board from making major design revisions or rejecting the final plat in its entirety.
Within six months after approval of the preliminary plat, the applicant or his agent shall present to the Board eight copies of the application for the consideration of the final plat, prints of the final plat, including prints of a landscape plan prepared by and submitted with the seal of a licensed landscape architect showing all proposed plantings by species, size, type, number and approximate location, a sworn estimate of the cost of public improvements and utilities and the consent of all persons having any legal interest in the filing of the plat, together with a report from an approved title insurance company, in form satisfactory to the Board, certifying record title in the name of the applicant and showing no encumbrances insistent with the proposed use, accompanied by the requisite fee. The application shall be accompanied by an affidavit certifying to all persons having a direct or indirect interest in the application. In the case of a partnership applicant, the application shall state the names and addresses of all general and limited partners. In the case of a corporate applicant, or where a partnership or corporation is a shareholder of a corporate applicant or a general or limited partner of a partnership applicant, the application shall also state the name and address of each beneficial owner of more than 10% of the corporation's outstanding shares or the partnership's beneficial ownership. Failure to file a final application within six months of approval of the preliminary plat shall constitute a withdrawal of the aforementioned application for approval of the preliminary layout, and thereafter the approval of the preliminary plat shall be null and void.
In any case where the approved preliminary plat would require a variance, permit or other approval from the Board of Zoning Appeals, no final application shall be submitted or presented until after the Board of Zoning Appeals has acted on all such required variances, permits or approvals. No final application shall include any proposed construction or structure or use which is not permitted by Chapter 225, Zoning, or which has not been approved by the Board of Zoning Appeals. Where an application requires approval of the Board of Zoning Appeals and the applicant has diligently sought such approval, the Planning Board may, in it discretion, extend the time provided to file the final application.
The final plat presented to the Board for approval shall contain all the information required by this chapter in connection with the approval of a preliminary plat, as modified by the directions and conditions imposed by the Board as a result of the approval of the preliminary plat. Submission of any of the above information may be waived by the Board if, in its sole discretion, it determines such information to be unnecessary or unwarranted in a particular case. The Board may also require the submission of information in addition to that specified above if, in its sole discretion, it finds such information to be necessary or warranted in a particular case.
The Board shall hold a public hearing on said application within 60 days after submission of the final application, including payment of all required fees. No later than 10 days before the public hearing, the applicant shall file with the Clerk the written consents of all owners of properties within 250 feet of any part of the land which is the subject of the application or, in lieu thereof, written proof that all have been notified of the date of the public hearing by certified mail, return receipt requested. The certified mail receipts shall be filed with the Clerk not later than three days prior to the public hearing. Where a plat shows premises located within 300 feet of the boundary of another incorporated Village or Town, the applicant shall give notice of said hearing to the Clerk of such Village or Town and file proof of said notice in the same manner as prescribed for adjacent property owners. The notice provided for herein shall be in addition to the notice requirements specified in § 7-728, Subdivision 6(d)(i)(2), of the Village Law. The Board shall hear all persons for and against the application at a public hearing.
Within 60 days after the completion of the public hearing, the Board shall adopt a resolution approving, approving with modification or disapproving the plat. Notwithstanding any other provision of law, failure of the Board to act within 60 days shall not constitute approval of the application. The Clerk shall notify the applicant promptly of the Board's determination.
No final approval of any site may be transferred, assigned or otherwise dealt with, to permit its use by any person other than the person to whom it was originally granted, without the prior approval of the Board, upon written application on any such form as may be required by the Board. For the purposes of this section, the transfer, assignment or other conveyance or encumbrance of more than 25% of the stock of a corporation which is an applicant, or a partner or principal of an applicant, shall constitute a transfer of a final approval of a site plan.
Prior to endorsement of the final plat, the applicant shall:
Have incorporated on the plat:
All proposed easements being granted or reserved for the benefit of utility companies for the erection, placement or maintenance of utility lines within the area.
The location of all streetlights and street signs.
Notation of all variances granted or to be granted by the Zoning Board.
Any revisions required by said resolution of the Board.
Where applicable, deliver to the Village deeds of dedication in recordable form for all roads, streets, rights-of-way, the widening thereof, easements and other public places shown on said plat, free and clear of all liens and encumbrances; and the owner shall pay all the necessary fees, taxes and charges attendant to the dedication, acceptance and recording of said deeds. The delivery of said deeds of dedication shall not constitute acceptance thereof by the Village unless and until the Board of Trustees shall adopt a resolution expressly accepting delivery of the same.
File with the Clerk three prints of the street profiles and drainage plan as approved by the Department of Public Works of Nassau County and the Village Engineer.
If the required improvements and utilities have not been completed to the satisfaction of the Board prior to final approval of the plat, the applicant will be required, prior to final approval of the plat, to file with the Village a guaranty that the construction and installation of improvements will be in a good and workmanlike manner and in accordance with the requirements of the Board and to file with the Village a surety company bond, as elsewhere provided in these regulations, in an amount determined by the Board and in such form as approved by the Village Attorney, to secure to the Village the actual construction and installation of such improvements within the time fixed by the Board in accordance with the requirements of the Board under these regulations. The acceptance of a surety company bond to guarantee the installation of improvements shall not impose any obligation on the Board or the Village to undertake to install said improvements or to cause others to do so. In lieu of the installation of utilities required by the Board for final approval, the Board may, in its sole discretion, accept a written commitment from each public utility company whose facilities are proposed to be installed. Such commitment shall be addressed to the Village of Great Neck Plaza and state, in substance or effect, that such public utility company will make the installations necessary for the furnishing of its services within the time specified by the Board.
Deliver to the Board a statement in writing from each fire department servicing the area shown on the plat that the fire hydrants and fire department access located on the plat submitted will, in the opinion of the department, comply with the requirements of the department and afford adequate protection for the area shown on the plat.
After completion of the foregoing procedure to the satisfaction of the Board, and if the Board shall approve the plat, the approval of the Board shall be endorsed thereon, together with the date thereof. Said endorsement shall state that the approval is in accordance with the terms and conditions of a Board resolution adopted on a specific date.
Within 90 days following approval by the Board, the plat, together with one duplicate tracing, shall be filed by the applicant with the County Clerk and the Nassau County Planning Commission, when applicable. The applicant shall file with the Village Clerk one Mylar or linen print and six paper prints of said plat, bearing the signatures of all state, County, Town and Village departments, within 20 days after placing the same on file with the County Clerk.
Prior to granting any approval to a final plat, the Board shall require that the streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection, to provide access of fire-fighting equipment to buildings and to be coordinated so as to compose a convenient system conforming to the official map; that the subdivision or change of property line reflected in the final plat not adversely effect the public health, welfare and safety; that the land shown on such plat shall be of such a character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that suitable monuments have been placed at such block corners and other necessary points as may be required by the Board and the location thereof as shown on the map of such plat; and that all streets or other public places shown on such plats shall be suitably graded and paved and that sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices including necessary ducts and cables or other connecting facilities, water mains, sanitary sewers and storm drains shall be installed all in accordance with standards, specifications and procedure acceptable to the Board or alternatively that a performance bond sufficient to cover the full cost of the same as estimated by the Board or other appropriate Village departments designated by the Board shall be furnished to the Village by the owner; provided, however, that the Board may waive, subject to appropriate conditions and guaranties, for such period as it may determine, the provision of any or all such improvements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety and general welfare.
The approval by the Board of a final plat, with or without streets or highways, shall expire 90 days from the date of such approval, unless within such ninety-day period such plat shall have been duly filed or recorded by the owner in the office of the County Clerk and the proposed development of such plat shall have been either completed or a bond therefor posted with the Village Board as provided in § 7-730 of the Village Law.
Notwithstanding the foregoing provisions of this section, the Board may extend the time for filing and recording such plat if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.
Any performance bond required hereunder shall be issued by a bonding or surety company approved by the Board, and such performance bond shall also be approved by the Village Attorney as to form, sufficiency and manner of execution. Such performance bond shall run for a term to be fixed by the Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond may be extended by the Board with the consent of the parties thereto. If the Board shall decide at any time during the term of the performance bond that the extent of building development that has taken place is not sufficient to warrant all the improvements covered by such performance bond, or that required improvements have been installed as provided in this section and by the Board in sufficient amount to warrant reduction in the face amount of said bond, or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Board may modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full or the amended list of improvements required by the Board and any security deposit with the bond may be reduced or increased proportionately. In the event that any required improvements have not been installed as provided in this section within the term of such performance bond, the Board may thereupon declare said performance bond to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof the Village shall install such improvements as are covered by such performance bond and are commensurate with the extent of building development that has taken place but not exceeding in cost the amount of such proceeds. In making such determination regarding streets, highways, parks and required improvements, the Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial.
The Village Clerk and other Village officials shall, with respect to the procedures for filing and endorsing the approval of subdivisions and plats, conform to the applicable provisions set forth in the Village Law.
Prior to the approval by the Board of a subdivision or a change of property line, with or without streets or highways, the plat of proposed subdivision, change of property line or development shall also show, in proper cases and when required by the Board, a park or parks suitably located for playground or other recreation purposes. If the Board determines that a suitable park or parks of adequate size cannot be properly located in such plat or is otherwise not practical, the Board may require as a condition to approval of any such plat a payment to the Village of a sum to be determined by the Board, which sum shall constitute a trust fund to be used by the Board exclusively for neighborhood park, playground or recreation purposes including the acquisition of land.
At any time before the adoption of a Board resolution of approval or disapproval as provided by law, the applicant may amend the application for final approval by filing plans and details of such amendment as may be required by the Board or other designated Village official, without further fee. If the public hearing on the final application has been concluded before such amendment, the filing of an amendment shall be deemed to be the filing of a new application, and a public hearing thereon shall be held on the amended application as if it were a new application. If the public hearing on the final application has not yet been concluded before the filing of such amendment, the Board shall conduct a public hearing at least seven days after such filing to permit public comment on the amendment. No action shall be taken by the Board until such amendment has been referred to the Nassau County Planning Commission and a recommendation received thereon as provided by law.
At any time after the adoption of a Board resolution of approval, the applicant may apply to amend the terms or conditions of the approval by filing plans for and details of such amendment as may be required by the Board or other designated Village official and by payment of the requisite fee. If such proposed amendment relates solely to the time provided in the resolution of approval to perform an act and is made prior to the expiration of such period of time, or any other procedural matter, the Board may act upon such application for amendment without further public hearings. Any other application for amendment shall not be acted upon except after public hearing in the same manner as required for an application for final approval.
No application may be made to amend a plan after the adoption of a Board resolution of disapproval of that plan.
Minor and insubstantial variations from the final approval may be permitted during construction where the same are necessary due to unanticipated field conditions. Such variations may be authorized only by written directive of the Village Engineer and Commissioner of Public Services, concurred in by the Chairman and one additional member of the Planning Board; provided, however, that such persons may not authorize variations which would violate Chapter 225, Zoning.
An application for conditional or final approval of a subdivision, change of property line or plat shall constitute an unlisted action for purposes of Chapter 107, Environmental Quality Review, and the lead agency for purposes of that chapter shall be the Board.
[Amended 4-17-1992 by L.L. No. 2-1992]
Fees. Upon filing of any application to the Planning Board in connection with a subdivision of land or a change of property line, including any application for approval of a preliminary or a final plat or of an amendment thereto, the applicant shall pay the Village Clerk the sum of $100, plus an additional $100 in connection with any application where it is required to file an environmental assessment form (EAF).
On all applications to the Planning Board in connection with a subdivision of land or a change of property line, the applicant shall be liable for and shall pay the following costs which may be incurred by the Village in processing the application:
Stenographic minutes of meetings and hearings.
Engineering costs for the Village Engineer.
Legal fees for the Village Attorney, which shall be charged at an hourly rate approved by the Board of Trustees.
Planning, sound, traffic, environmental or other specialized study or consultant's fees.
All the foregoing fees and costs shall be consistent with fees for services then prevailing in the community. All such fees shall be billed by the Village on a monthly basis and shall be paid within 15 days thereafter.
In addition to the fees required by Subsection A hereof, the applicant shall deposit with the Village Clerk a sum of money to be used by the Village to defray the costs listed in Subsection B hereof which are actually and necessarily incurred by the Village in processing and review the application. The sum deposited shall be as follows:
For all applications for approvals of preliminary and final plats, the sum of $1,500. If an expanded EAF or draft environmental impact statement (DEIS) is required or if it appears to the Village Clerk that such a statement may be required, an additional sum of $1,500.
For all other cases, the sum of $500.
In the event that the amount of the deposit is insufficient to cover the costs listed in Subsection B hereof, the applicant shall, at such time as is fixed by the Board of Trustees, deposit with the Village an amount deemed sufficient to defray all such costs. If the amount deposited exceeds the actual costs listed in Subsection B which are actually and necessarily incurred by the Village, the unused portion of such deposit shall be returned to the applicant within 60 days after the decision on the application is filed.
Additional fees. For all subdivision maps requiring approval of street and highway grades and drainage by the Nassau County Department of Public Works, the applicant shall tender an additional fee of $1,500, which fee shall be forwarded by the Village to the County pursuant to the requirements of County Ordinance No. 171-1991. This fee shall be increased or decreased in accordance with any future amendment to the County ordinance.
Action on application. No action shall be taken by the Planning Board on any application subject to the provisions of this section until all fees and deposits required hereunder are paid in full.