Whenever any subdivision of land 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 will be granted,
the subdividing owner or his authorized agent shall apply for and
secure approval of the proposed subdivision in accordance with these
regulations. Three principal steps are involved, namely:
A.
Previous to the filing of an application for conditional approval of the preliminary layout, the subdivider shall meet with the authorized representative of the Board to discuss his sketch plan, which shall comply with the requirements of § 245-35 and the requirements for improvements and public facilities and services. This step does not require formal application, fee or filing of the plat with the Board.
B.
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.
C.
Before preparing a sketch plan or attending the initial conference,
the subdivider should familiarize himself with the regulations, standards
and requirements contained herein. It is recommended that the subdivider
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 of the Village, street improvements,
drainage, sewerage, water and like matters, as well as the availability
of existing services. In the 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 development 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 and the arrangement of streets,
lots and other features of the proposed development.
A.
Application and fee. If the subdivider shall request the consideration
of the Board of a preliminary layout, 10 copies of the preliminary
layout, which shall in all respects comply with these regulations,
shall be presented to the Village Clerk at least 10 days prior to
the meeting of the Board at which it is requested to be considered.
The preliminary layout shall be accompanied by a fee, payable to the
Village of Old Brookville, in the amount appearing in the fee schedule
established by the Village Board. Upon receipt of the preliminary
layout and payment of the fee, the Village Clerk shall forthwith deliver
the preliminary layout to the Board.
B.
Study of preliminary layout. It is required 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.
C.
Staking of proposed streets and field trip. To facilitate study of
the preliminary layout in the field, the Board 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 approximate height of proposed cut
and fill at that point. The Board may schedule a field trip to the
site of the proposed subdivision, which the subdivider should attend.
D.
Action on preliminary layout. The Board shall follow the procedures
of Village Law § 7-728, Subdivision 5, as may be amended
from time to time, to approve, approve with conditions or disapprove
the preliminary layout.
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 submitted on the preliminary layout as a guide
to the subdivider in the preparation of 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 § 245-38. If desired by the subdivider, the subdivision plat may constitute only that portion of the approved preliminary layout which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations and provided, further, that such portion abuts at least one street, 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 these regulations, shall be prepared as specified in § 245-38 and shall be submitted to the Board within six months after the date of authorization of preparation of the subdivision plat. Otherwise, such authorization shall expire, unless an extension of time is applied for and granted, in writing, by the Board.
C.
Application and submission date. Application for approval of the subdivision plat shall be submitted by the owner or by his duly authorized agent, in writing, to the Board at least 10 days prior to the meeting at which it is to be considered. The subdivision plat shall be deemed to be officially submitted on the date of the meeting of the Board at which the subdivider shall have submitted the required application, together with the subdivision plat, construction plans and all other items required by these regulations, including formal offers of cession in form as required by § 245-32B.
D.
Endorsement of State Department of Health and public districts. Proposed
water supply and sewerage service facilities in the subdivision shall
be approved by the New York State Department of Health, pursuant to
§ 1116 of the Public Health Law, and by any water, water
supply, drainage, improvement or sewer district having jurisdiction.
Application for approval of plans for water supply and sewerage facilities
may be filed with the Nassau County Department of Health. Endorsement
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 the subdivision plat.
F.
Approval by other planning authorities. Pursuant to Section 1610
of the County Government Law of Nassau County, the planning authority
of each incorporated Village adjacent to the Village of Old Brookville
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 the Board approves the subdivision
plat.
G.
Action on subdivision plat. The Board shall follow the procedures
of Village Law § 7-728, Subdivision 6, as may be amended
from time to time, to approve, approve with conditions or disapprove
the subdivision plat.
H.
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.
B.
Signing of subdivision plat. After completion of the final subdivision
plat for recording and of construction plans in accordance with the
Board's resolution, the original tracing and two prints of each shall
be submitted to the Board for final review within the time specified
in said resolution. Approval of the subdivision plat shall be endorsed
thereon as follows:
(1)
When a bond is filed. Approval of the plat shall be endorsed thereon
after the bond has been approved and filed and all of the conditions
of the Board's resolution pertaining to the plat have been satisfied.
(2)
When no bond is filed. Approval of the plat shall be endorsed thereon
after all conditions of the Board's 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 will be noted
on the plat, and the Chairman or, in the absence of the Chairman,
the Vice Chairman will 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.
D.
Filing plat with County Clerk. In accordance with the Village Law,
the approved subdivision plat shall be filed by the subdivider with
the Nassau County Clerk, Division of Land Records, within 62 days
of the date of signing. The approval of any plat not so filed shall
expire 62 days from the date of signing by the Board.
E.
Submission of copies of filed maps. The subdivider shall submit two
copies of the subdivision plat, containing the endorsement of the
Nassau County Clerk, to the Secretary of the Board within 30 days
of the date of filing.
F.
Plat void if revised after signature. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been granted by the Board and endorsed, in writing, on the plat.
In the event that any subdivision plat, when recorded, contains any
such changes, the plat shall be considered 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 Chairman or Vice Chairman
of the Board at the time of signing.
G.
Escrow deposit. The Planning Board may require an escrow deposit
in lieu of, or in addition to, a bond.
A.
Application for approval. The procedure for approval of a partitioning and/or the development thereof, as defined herein, shall be the same as that for a subdivision. In cases where the Board finds, after study of the sketch plan, that the proposed lots would each front on a street, which street is improved to the satisfaction of the Board, and would meet the lot size requirements of Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville, and the objectives of these regulations and that such lots would not be directly related to a drainageway, as defined in § 245-8, the Board may waive the requirements for submission and approval of a preliminary layout and authorize the subdividing owner to prepare a subdivision plat for approval of the Board and for recording upon fulfillment of the requirements of the applicable sections of these regulations and the conditions stipulated in such waiver and authorization, if any.
The procedure for approval of the development, as defined in § 245-8, of a plat entirely or partially undeveloped and which has been filed in the office of the Clerk of Nassau County prior to the appointment of the Board and the grant to such Board of authority to approve plats shall be the same as that for a subdivision, pursuant to § 7-728 of the Village Law.
