Village of North Hills, NY
Nassau County
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Table of Contents
Table of Contents
The Planning Board shall not have authority to vary or waive any of the provisions of this article.
Except where otherwise provided in this chapter, all work shall conform to the specifications effective on the date of approval of the plans for such work.
A. 
Where expressly authorized by law and upon written application therefor, the Planning Board may grant a waiver of any requirement that a subdivision be approved by the Board.
B. 
Such application shall be accompanied by a nonrefundable fee as set forth in Chapter 130, Fees, for each lot contained in a subdivision for which such requirement is waived.
[Amended 1-19-2005 by L.L. No. 1-2005]
C. 
In granting any such application for waiver of subdivision requirements, the Board may impose reasonable conditions.
A. 
Except where expressly prohibited by this Code, where the Board determines that special circumstances or conditions exist relating to a particular plat, the Board may vary such of the requirements of this chapter with respect to the details of development of a subdivision as the Board determines are not requisite in the interest of the public health, safety or general welfare. No such variance shall be granted without a public hearing. Any such variance may be granted upon reasonable terms and conditions.
B. 
When making a determination to vary any provision of this chapter, the Board shall consider the prospective character of the development and the permissible density of population according to the applicable zoning regulations.
C. 
Notwithstanding the provisions of this section, the Board shall not have authority to vary or dispense with any requirement for or with respect to a public hearing where such hearing is required by law, nor to vary or dispense with any provisions of any chapter of the Village Code other than the provisions contained in this chapter.
In the event that any work is being performed in violation of any provision of this chapter or in violation of the conditions of any subdivision approval, the Code Enforcement Officer may issue such orders as may be deemed necessary to enforce such provisions, including stop-work orders. Any such order may be appealed in writing to the Board of Appeals in the same manner as provided for appeals from determinations of the Code Enforcement Officer pursuant to the Zoning Code.[1]
[1]
Editor's Note: See Ch. 215, Zoning.
A. 
Any person, firm or entity who or which shall violate any of the provisions hereof shall be guilty of a violation.
B. 
Each day on which a violation occurs shall be considered a separate violation.
C. 
Each violation shall be punishable as provided in § 1-12 of this Code.
[Amended 1-19-2005 by L.L. No. 1-2005]
D. 
In addition to the foregoing, the provisions of this chapter may be enforced by civil action in which any appropriate remedy, including injunctive relief, may be obtained. Any such civil action to enforce the provisions hereof may be authorized by the Mayor or Board of Trustees and shall be brought in the name of the Village.
[Amended 11-16-2005 by L.L. No. 6-2005[1]]
A. 
The Village shall employ persons to ensure the satisfactory completion of improvements required by the Village, including, but not limited to, public improvements, utilities, landscaping and lighting. If the applicant elects to install such improvements prior to the final approval of the plat, the applicant shall notify the Board, in writing, and an inspector will be assigned thereto.
B. 
If a bond is to be given to ensure completion of such improvements, the Village will assign an inspector to ensure such satisfactory completion after final approval of the plat.
C. 
The applicant shall pay to the Village the cost of such inspections. When not installed prior to final approval, the reasonable cost of such inspection is hereby determined to be $500 for the first $10,000 of the cost of the required improvements or of their estimated cost, as established by the Board, and 3% of the excess over $10,000. When installed prior to final approval, the inspection fee shall be 1/3 of the foregoing amount.
D. 
No permanent certificate of occupancy or completion and no other required approval shall be issued by the Village unless all fees, including inspection fees, shall have been paid.
[1]
Editor's Note: This local law was amended 1-18-2006 by L.L. No. 1-2006 to provide that its provisions would take effect immediately upon adoption and filing and to delete the six-month period of effectiveness.
Where a site located in an R-3 District has received authorization for incentive zoning or bonuses, as provided in § 215-12 of this Code, the following provisions shall be applicable and shall supersede any inconsistent provisions of this chapter.
A. 
The location of driveways (including curb cuts, location on lots, turnaround areas and location of connection to residences) may be revised depending upon the particular home to be built on a particular lot. The width of driveways may be other than that otherwise required by the Village, with the approval of the Code Enforcement Officer.
B. 
Trees and other landscaping designated on an approved subdivision or site plan to remain after construction may be removed in order to facilitate the construction of permitted enlargements to previously approved dwellings and accessory structures, swimming pools, whirlpools, decks, patios, gazebos and other accessory structures permitted under the Village Code, upon a determination by the Building Department that such removal is necessary because the trees constitute an interference with reasonable construction. Such determination shall be made by the Building Department within seven business days after application therefor.
C. 
No subdivision or site plan approval shall require or include any plan for landscaping or plantings to be located within the boundaries of any individual lot within the project, and any such requirement contained in an existing approval shall be null and void. No performance or maintenance bond shall be required as a condition of approval of a subdivision or site plan, or amendment thereof, with respect to landscaping or plantings to be located within boundaries of any individual lot within the project. In the event that any such bond requirement exists at the time of approval of such zoning incentives or bonuses, the Planning Board shall, upon application, amend any such bond requirement and eliminate any existing requirement for a performance or maintenance bond with respect to such lot landscaping or plantings.
D. 
The Planning Board shall not have authority to waive or vary any provision of this section.
The Board shall have jurisdiction to approve subdivisions located in whole or in part outside the Village where the approval of the Village is required by law for such subdivisions. The procedures for approval of such subdivisions shall be established by the Board, and the fees for any application for such approval may be established by the Board of Trustees by resolution.
[Amended 9-25-1996 by L.L. No. 16-1996; 1-29-1997 by L.L. No. 1-1997; 8-27-1997 by L.L. No. 10-1997; 1-21-1998 by L.L. No. 1-1998; 10-21-2015 by L.L. No. 3-2015]
Where an application to the Planning Board requires a public hearing, such application shall include an area map in the form and style as is required for applications before the Board of Appeals (showing the location of all properties within the radius of required notice and the names of the owners of such properties). Notice of such hearing shall be given as follows, except that where another specific provision of law, or of this Code, or of the rules of the Planning Board, specifies a greater number of persons to whom, or a more extensive manner in which, notice shall be sent, in which event all such provisions shall be given effect, the intent being to give the greatest notice required by law. Nothing herein should be construed as preventing the Planning Board from giving, or requiring an applicant to give, notice greater than that provided herein.
A. 
At least 10 calendar days prior to such hearing, the Village shall publish notice of such hearing in the official newspaper. The Village shall also give such other notice as is required by law to be given by the Village.
B. 
At least 10 business days prior to such hearing, the applicant shall give notice of such hearing, in a form supplied by the Village, to the record owners of property (including any condominium units) any part of which is located within 250 feet of any part of the property which is the subject of the application. Such notice shall be sent to the record owners as shown on the Village tax rolls or Village assessment map, or if none as shown on the County assessment roll.
(1) 
Such notice shall be given by certified mail, return receipt requested.
(2) 
Proof of service of such notice shall be filed with the Clerk at least four business days prior to the public hearing, and all available mailing receipts shall be filed at or before the commencement of the public hearing.
C. 
The Planning Board shall not have authority to waive or vary any provision of this section.
A. 
Definition of "special use permit." As used in this chapter, the term "special use permit" shall mean an authorization of a particular land use which is permitted by this Code, subject to requirements imposed upon such authorization to assure that the proposed use is in harmony with the provisions and purposes of this code and will not adversely affect the neighborhood if such conditions are met.
B. 
The Planning Board shall not have power to grant any special permit, except where expressly authorized by this chapter to do so.
C. 
The Planning Board shall not have authority to waive or vary any provision of this section.
The failure or omission of the Planning Board to make a determination with respect to an application shall not constitute approval of such application.
Wherever this chapter provides for an act to be done within any specified period of time, the Board may grant extensions of time within which to comply with such requirement. However, this provision shall not authorize the Board to extend or change the time periods for notice of any public hearing as required by this chapter.
In granting approval of a subdivision, the Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution of approval state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed as required by this chapter. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Board.
Where appropriate, the Clerk shall make appropriate arrangements for referral to the Nassau County Planning Commission of all applications within the jurisdiction of that Commission as provided in General Municipal Law § 239-l, 239-m and/or 239-n.
[Amended 9-25-1996 by L.L. No. 16-1996]
The final approval of a plat as provided in this chapter, or the approval by the Board of the development of a plat or plats already filed in the office of the Nassau County Clerk if such plats are entirely or partially undeveloped, shall expire within 90 days from the date of such approval, unless within such ninety-day period such plat or section thereof shall be duly filed or recorded in the office of the Nassau County Clerk. In the event that only a section of such approved plat shall be filed with the Nassau County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the Village Clerk of each Village in which any portion of land described in such plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of § 7-709 of the Village Law to the extent that such provisions may be applicable.
With the approval of the Board, the owner of all of the property included within an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.
Any person aggrieved by any determination of the Planning Board or any officer, department, board or bureau of the Village pursuant to this chapter, for which no other appeal is provided, may apply to the Supreme Court for a review by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules.
A. 
Such proceeding shall be commenced within 30 days after the filing of the decision of the Board or the rendition of any determination of such officer, department, board or bureau which is sought to be reviewed.
B. 
The Court in such proceeding may take evidence or appoint a referee to take such evidence as it may direct and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter.
C. 
The Court shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.
D. 
Costs shall not be allowed against the Village, board, officer, department or bureau in any such proceeding.
In the event that any provision of this chapter is inconsistent with the provisions of the Village Law, it is the intention of this chapter to supersede such provisions of the Village Law as permitted by the provisions of the Municipal Home Rule Law.
In the event that any portion of this chapter shall be adjudged or determined to be invalid for any reason, such adjudication or determination shall not affect the validity of any other part or portion of this chapter. In the event that any provision of this chapter shall conflict with or be inconsistent with any other provision of such chapter, the more restrictive such provision shall prevail to the extent of such inconsistency.