This chapter may be cited as the "Site Development
Code of the Village of North Hills."
A.Â
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Rule Law, the following sections of the Village Law are superseded
and repealed in their application in the Village of North Hills, and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:
B.Â
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Rule Law, Village Law § 7-709 is hereby repealed and superseded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]
A.Â
Membership; meetings.
(1)Â
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.
(2)Â
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.
(3)Â
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]
(4)Â
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]
(5)Â
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.
(6)Â
Alternate members.
[Amended 10-28-1998 by L.L. No. 5-1998]
(a)Â
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.
(b)Â
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.
B.Â
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.
C.Â
Authority.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
The duly appointed Code Enforcement Officer of the Village
or such other official designated to perform the duties of such Code
Enforcement Officer.
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.
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.
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.
MAJOR STREETA street which provides or is officially planned to provide four or more lanes for vehicular traffic.
SECONDARY STREETA street which is intended to serve as a link or connection from a major street to a minor street.
MINOR STREETA street which is intended to serve primarily for the use of the occupants of the residences or buildings fronting thereon.
SERVICE STREET or MARGINAL STREETA street adjacent to a major street and separated therefrom by a landscaped strip having a minimum width of four feet.
CUL-DE-SACA dead-end street terminating in a vehicular turnaround. A cul-de-sac shall be considered a minor street.
Includes:
Any change in a lot line.
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.
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.
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.
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.
