This chapter may be cited as the "Site Development Code of the Village of North Hills."
Pursuant to authority granted in the Municipal Home Rule Law, the following sections of the Village Law are superseded and repealed in their application in the Village of North Hills, and none of said provisions of the Village Law shall be applicable in the Village of North Hills:
Pursuant to authority granted in the Municipal Home Rule Law, Village Law § 7-709 is hereby repealed and superseded in its application to the Village of North Hills and shall have no application in the Village. The filing of a subdivision plat as described in Village Law § 7-709 shall not provide, create or establish any vested rights to any zoning classification of property nor otherwise delay or postpone the applicability of any amendment to the Zoning Code of the Village. Any amendment to the Zoning Code of the Village of North Hills shall be effective and applicable on the date on which it is filed with the Secretary of State, pursuant to the Municipal Home Rule Law, except as otherwise provided in the Municipal Home Rule Law or in such amendment to the Zoning Code.
[Amended 9-25-1996 by L.L. No. 16-1996]
The Planning Board of the Village of North Hills shall consist of five members, appointed by the Mayor with the consent of the Board of Trustees. No person who is a member of the Board of Trustees shall be eligible for appointment to the Planning Board. The Mayor and Trustees of the Village shall have the right to attend and be heard on all matters before the Planning Board but shall not be permitted to vote on such Board.
The terms of the members of the Planning Board shall be three official years, and upon the expiration of any term of a member, a successor shall be appointed for a term of three official years. If a vacancy shall occur for any reason other than expiration of term, such vacancy shall be filled in the same manner as an original appointment. The Board of Trustees may remove any member of the Planning Board for cause and after an opportunity to be heard.
The Mayor shall designate a member of the Board to serve as Chair and a member of the Board to serve as Deputy Chair, each of which appointments shall be for a term until the end of the official year in which such appointments are made and each of which appointments shall be subject to approval by the Board of Trustees.
[Amended 7-31-1996 by L.L. No. 15-1996; 10-15-2014 by L.L. No. 6-2014]
All meetings of the Board shall be held at the call of the Chair and at such other times as a majority of the Board may determine. The Chair, or the Deputy Chair in the absence of the Chair, may administer oaths and compel the attendance of witnesses. In the absence of the Chair and the Deputy Chair from any meeting of the Board, the remaining members of the Board, by unanimous vote, may designate an Acting Chair who shall have all of the powers of the Chair at such meeting.
[Amended 10-15-2014 by L.L. No. 6-2014]
No person shall be disqualified from serving on the Board by reason of serving as a member of a town or county planning board or commission.
[Amended 10-28-1998 by L.L. No. 5-1998]
Pursuant to the Municipal Home Rule Law, Village Law § 7-718, Subdivision 16, is hereby repealed and superseded in its application to the Village of North Hills.
Subject to the approval of the Board of Trustees, the Mayor may appoint not more than three alternate members of the Planning Board, to serve in order of seniority in place of any members of the Planning Board, or senior alternate members, who are unable for any reason to attend any particular meeting of the Board. The alternate members of the Board shall have all of the powers and duties of regular members at such times as the alternate members are serving. Such alternate members shall be appointed for terms of one official year each.
Rules. The Board may, after public hearing, adopt and amend rules for its procedures with respect to any matter as to which the Board has jurisdiction, which rules shall not be inconsistent with any provision of this chapter.
The Planning Board shall have authority to review and approve sketch plats, preliminary plats and final plats and subdivisions and to take other action, as may be provided in this chapter. The Village Administrator shall file a certificate with the Nassau County Clerk to the effect that the Planning Board is authorized to approve plats as set forth in this section.
The Board of Trustees may refer to the Planning Board any matter or class of matters before final action is taken thereon by the Board of Trustees or any other officer or official of the Village having final authority over such matter. The Board of Trustees may further stipulate that final action on such matter shall not be taken until the Planning Board has submitted its report thereon or has had a reasonable time, as fixed by the Board of Trustees, to make such report.
In addition, the Planning Board shall have the full power and authority to make such investigations, maps, reports and recommendations in connection therewith relating to the planning and development of the Village as it may deem appropriate, provided that any expenditures of the Board for such purposes shall not exceed the amounts appropriate therefor.
Within appropriations for such purposes as may be made by the Board of Trustees, the Planning Board may employ experts, and pay for their services, and pay such other expenses of the Board as may be necessary and proper.
When approving any application, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the approval being granted.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person having any presently vested or contingent interest in the property which is the subject of an application, including a contract vendee.
- The Planning Board of the Village of North Hills.
- The duly designated Clerk of the Village of North Hills.
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer of the Village or such other official designated to perform the duties of such Code Enforcement Officer.
- COMPREHENSIVE PLAN
- The plan or any part thereof adopted pursuant to § 7-700 of the Village Law of the State of New York or any other statutory authority permitting the Village to adopt a Comprehensive Plan.
- DATE OF SUBMISSION
- The date of receipt of an application or document by the Village of North Hills, together with payment of any required fee. If a required filing consists of more than one document, the date of submission is the date on which the last such document is filed.
- A portion of a subdivision or other parcel of land as a unit for transfer of ownership or for development. The term "lot" shall also include a plot, unit, parcel or site. All adjoining land in common ownership shall be considered a single lot, and all such land shall be deemed to have merged into a single lot regardless of property boundaries or tax lot lines.
- A holding of adjoining land in a common ownership, regardless of property lines or tax lot lines. All adjoining land in common ownership shall be considered a single parcel, and all such land shall be deemed to have merged into a single parcel.
- A map showing the plan of subdivision submitted to the Board for approval and which, if approved, will be duly filed with the Nassau County Clerk and, where applicable, with the Nassau County Planning Commission.
- PRELIMINARY PLOT LAYOUT
- The preliminary drawing prepared by a licensed professional showing the proposed subdivision layout to be presented to the Board for its consideration. The term "preliminary plot layout" shall also refer to the preliminary plat.
- Any print which reproduces, legibly and exactly, the original tracing from which it was made.
- A right-of-way which provides vehicular and pedestrian access to adjacent properties. The term "street" shall include highways and roads and may be further defined as primary (all major, arterial or collector streets), secondary (all feeder, marginal or service streets) or tertiary (all minor streets or culs-de-sac). A street may be under the jurisdiction of the state, county, town or Village or may be privately owned.
- A. Includes:
- (1) Any change in a lot line.
- (2) The division of any lot or parcel of land into more than one lot, plot, site, parcel or condominium unit not shown on an existing filed map or plat, whether for future or present sale, in such a way as to establish new lot lines, change existing lot lines or make changes in connection with existing streets, creation of new streets or the extensions of existing streets.
- (3) A site plan or site development, including a rendering, drawing or sketch prepared to specifications and containing necessary elements as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
- (4) Any improvement or development of real property, the construction or development of real property or the construction of any building or structure or an addition to any existing building or structure, but not including the alteration, repair, renovation or rehabilitation of an existing building or structure lawfully used for single-family residential purposes.
- B. Notwithstanding the foregoing or any other provision of law, the change in any lot line, the division of property or the improvement or development, construction, rehabilitation or renovation of any building or property shall not be considered a subdivision when performed under the direction and approval of the Board of Trustees on property or buildings owned or leased by the Village.
- The Incorporated Village of North Hills.