Village of North Hills, NY Article IV Preliminary Applications

§ 179-13 Filing procedures and requirements.

A. The applicant or the applicant's agent shall present at the Village office 14 copies of the application for consideration of the preliminary plat, together with 14 prints of the preliminary plat, accompanied by the fee required by law.

B. The preliminary plat application shall be accompanied by an affidavit identifying all persons having a direct or indirect interest in the application. In the case of a partnership applicant, the affidavit shall identify each general and limited partner. In the case of a corporate applicant or where a corporation is a shareholder of a corporate applicant or a general or limited partner of a partnership applicant, the affidavit shall also state the name and address of each beneficial owner of more than 10% of the corporation's outstanding shares or beneficial ownership interests. A limited liability company shall be considered a partnership for the purposes of this article.

C. The Clerk will subsequently notify the applicant of the date and time of the meeting of the Board at which the preliminary plat application will be considered.

§ 179-14 Assignment of application file number.

The Clerk shall establish and maintain a system of numbering of applications and maintain a log of all application numbers, proposed subdivision names and significant dates. All correspondence from the applicant shall refer to the assigned number of the application.

§ 179-15 Distribution of preliminary plats.

The Clerk shall send one copy of all preliminary plat applications to each member of the Planning Board, to the Code Enforcement Officer and to the Village Planner and two copies to the Village Attorney, each of whom shall review the same and comment in writing within 30 days. One copy of the preliminary plat shall be sent to the Chair of the Architectural Review Board.

§ 179-16 Noting of conflicts with zoning or site development codes.

All aspects of the proposed development which do not conform to applicable zoning or site development codes shall be noted on the preliminary plat.

§ 179-17 Consideration of preliminary plat.

The applicant or the applicant's agent may attend the meeting designated by the Board to consider and discuss the preliminary plat. Presentation or approval of the preliminary plat shall not be deemed submission of the plat for final approval. The Clerk promptly shall notify the applicant of the Board's action on the preliminary plat application.

§ 179-18 Contents of preliminary plat or preliminary layout.

The preliminary plat application shall include:

A. Sections. The boundaries of each section where the subdivision is to be divided into sections for the purpose of submitting final plats, and each such section shall bear a number indicating numerically the order in which the applicant proposes to submit for approval the plats covering such sections. Unless otherwise approved by the Board, the order of submission of final plats shall follow the sequence of the section numbering.

B. An original layout, which shall be clearly and legibly drawn on commercially acceptable reproducible material. The size of the sheets shall not exceed 36 inches by 48 inches. When more than one sheet is required, an additional key sheet 36 inches by 48 inches shall be filed, showing, on a reduced scale, the entire subdivision on one sheet with lot and block numbers. Each sheet shall be indexed with one-inch-high lines along the borders to assist in folding the sheets into 8 1/2 inches by 11 inches in size. The application shall contain the following additional detail, at a minimum.

C. Scale. A layout, at a scale of not more than 50 feet to the inch.

D. Topography. The topographic character of the land shall be shown by means of contours of existing and proposed 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 may 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. The topographic survey shall contain details concerning cutting and filling as necessary to accomplish plans of development. At its discretion, the Board may require the developer to submit photographs adequately depicting the topography.

E. Subdivision name. The proposed subdivision name or identifying title, which the applicant shall certify does not conflict with, and is not confusingly similar to, the name of any other subdivision in Nassau County.

F. Owner of subdivision. The name and address of the record owner. If the record owner is a corporation or a partnership in which a corporation is a general or limited partner, the names and addresses of the five largest shareholders of each such corporation shall also be disclosed.

G. Licensed surveyor. The name, license number and seal of the licensed land surveyor and any other licensed professional participating in preparation of the sketch plat.

H. Map reference. The Nassau County Land and Tax Map designation for the land plotted, as well as the Village drainage grid system designation, and any applicable GIS designation.

I. North arrow. The true North direction shall be at the top of the map or within 20° east or west thereof.

J. Adjacent land. The name and layout and dimensions of all adjacent subdivisions, names and owners of record of adjoining undeveloped properties and the uses and improvements of adjacent lands shall be accurately shown. This information shall be shown for the area extending 200 feet beyond the boundaries of the proposed subdivision.

K. Applicable use districts. The applicable use districts, as established in Chapter 215 of this Code, and the boundaries of such districts as affect the area to be subdivided and also the area extending 200 feet beyond the boundaries of the proposed subdivision.

L. District lines. The location of any Village, town, fire, school district and other special use district boundaries.

M. Other essential features. The location of existing buildings, watercourses, 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.

N. Elevations. The approximate key elevations, the directions of water flow and the rate of grade on all proposed streets.

O. Street elevations. The established and existing elevations on existing streets, expressed to two decimal places.

P. Storm drains. The proposed provisions for collecting and disposing of stormwater.

Q. Existing streets. The 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 any governmental authority with jurisdiction.

R. 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. If such streets are not continuations of existing streets, such names shall not be similar to the names of any other street 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.

S. Comprehensive Plan streets. The location of streets, public ways or any other feature shown on the Comprehensive Plan.

T. Dedicated areas. All parcels of land proposed to be dedicated for public use, such as parks, playgrounds, recharge basins, streets and street widening.

U. Schools and firehouses. The approximate distances to the nearest schools and firehouses serving the proposed subdivision.

V. 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.

W. Lot lines. Proposed lot lines, with appropriate dimensions.

X. Boundary description. An outline survey of the land included in the sketch plat.

Y. Key map and location diagram. A key map at a scale of 400 feet to the inch and a location diagram at a scale of 3,000 feet to the inch.

Z. Acreage and number of lots. The total number of acres, total number of lots and total number of dwelling units in the proposed subdivision.

AA. Test hole data.

(1) The date, location, elevation and graphic representation of findings for all test holes, including groundwater level, shall be included.

(2) The locations shall include critical areas where drainage structures requiring seepage are to be constructed.

(3) The Village Engineer may direct additional test holes to be located at such points as he may reasonably require.

BB. Proposed location of all buildings, structures and improvements, including all recreational buildings.

CC. Landscape and lighting plan. A plan showing the proposed streetlighting and the location of structures, public improvements, drainage and roads and all existing and proposed plantings by species, type, number and approximate location.

DD. 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 property which is included in the application and each owner of any interest or easement in any part of such property.

EE. A separate plan indicating trees shown in relation to existing and proposed contours and proposed buildings, structures, recreational facilities and streets. Trees shall be identified numerically, by size and species, and those trees proposed to be saved shall be indicated clearly.

FF. Overall drainage plan. An overall drainage plan at a scale of one inch to 50 feet shall be prepared in the Village grid system as shown on the Village Key Map and as required by the Village Engineer. Each grid shall have a plat size of 30 inches by 40 inches, which will be equivalent to 1,500 feet by 2,000 feet, and shall be submitted on sheets 36 inches by 48 inches. The overall drainage plan shall consist of the topography maps showing existing conditions prior to development, proposed development and as-built conditions. The mapping shall show existing contours at intervals of two feet or less, referred to 1927 North American Datum, United States Geological Survey (USGS) and the United States Coast and Geodetic Survey (USCGS); location of existing watercourses, marshes, wetlands, rock outcrops, wooded areas, trees with diameter of eight inches or more, soil types and other significant features. The overall drainage plan shall be prepared and certified by a licensed professional engineer or such other person duly licensed by the State of New York to make such certification.

§ 179-19 Action on preliminary plat or layout.

A. Within a reasonable period of time after the submission of the preliminary plat (including the payment of all required fees), the Board shall hold a public hearing on such application and act thereon by:

(1) Approving the preliminary layout, with or without modifications; or

(2) Disapproving such preliminary plat.

B. The Board resolution shall state the ground for any modification or the ground for disapproval.

C. In the event that the Board fails to act on the preliminary plat or layout, such failure to act shall not constitute an approval thereof, notwithstanding any provision of law to the contrary.

D. Approval of the preliminary layout shall mean only that the general layout of the subdivision and its improvements has been reviewed by the Board and that it conforms to the basic design criteria. The plan may then be further detailed in accordance with those regulations and final plans may be submitted. Such approval does not constitute or imply that a final plan will be approved, nor should it be considered as any basis for the construction of site improvements or other commitments which depend upon its design characteristics. Since such approval is made prior to consideration of a detailed final application, it shall not be construed to bar the Board from making major design revisions or rejecting the final plat in whole or in part.

E. Within six months after the Board's action on the preliminary plat, the applicant or the applicant's agent shall file the final plat application in accordance with this chapter. Failure to do so shall render the proceedings on the preliminary plat null and void, and the applicant will be required to file a new preliminary plat and proceed with review thereof as provided herein before application may be made for final plat approval.