[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 9-17-1979 by L.L. No. 37-1979, effective
10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Architectural design review â See Ch. 38.
Building construction administration â See Ch. 48.
Environmental quality review â See Ch. 60.
Signs and illumination â See Ch. 105.
Site plan review â See Ch. 107.
Stormwater management and control â See Ch. 109.
Streets and sidewalks â See Ch. 110.
Zoning â See Ch. 138.
Schedule of fees â See Ch. A142.
Planning Board rules â See Ch. A145.
Construction of streets dedicated to Village â See Ch. A147.
Sidewalk, drain, curb, gutter and curb cut construction â See Ch. A153.
Street and sidewalk openings â See Ch. A154.
This chapter shall be known and may be cited
as the "Subdivision Law of the Incorporated Village of Sea Cliff."
It is the purpose of this chapter to provide
regulations and guidelines in connection with the subdivision of property
and the future growth and development of the Village, in order to
ensure adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its residents
and the conservation of the Village's natural environment. To achieve
this goal, the Planning Board of the Incorporated Village of Sea Cliff
is hereby empowered to review all applications for the development
and subdivision of land for compliance with the criteria set forth
herein,[1] giving reasonable consideration to the most desirable
development for which land may be adapted, the conservation of property
values and the prospective character of development in accordance
with a well-considered plan.
[1]
Editor's Note: See Village Law § 7-728.
For the purpose of this chapter, the terms used herein and the usage of words shall be the same as in Chapter 138, Zoning of the Code of the Incorporated Village of Sea Cliff.[1] In addition thereto, the following definitions shall apply:
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
See "subdivision."
A drawing showing a proposed subdivision and containing all
information or detail required and necessary for the Planning Board
to make a final decision; an application for final approval.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
Any person duly licensed by the State of New York to practice
the art of land surveying within the State of New York.
A suitable reinforced concrete or stone post not less than
five inches square throughout with a minimum length of 30 inches.
Where physical or topographical features prevent the setting of a
monument, a metal bronze disk three inches in diameter, with suitable
cross or punch mark in its top, securely fixed into the existing surface
or iron pipe stake at least two inches in diameter and with a minimum
length of 36 inches, may be substituted with permission of the Planning
Board.
A general and temporary movement down a slope of a mass of
rock or soil, artificial fill or a combination of these materials,
caused or precipitated by the accumulation of water on or under the
ground.
An area characterized by unstable slopes and land surfaces,
whose history, geology, soil and bedrock structure and climate indicate
a potential for mudslides.
A drawing showing the salient features of a proposed subdivision
for purposes of consideration prior to submission of the plat in final
form.
A blueprint, photostat, litho print or other copy which reproduces
exactly the original drawing or tracing from which it was made.
The whole body of instructions, directions, regulations and
requirements of the Planning Board of the Village of Sea Cliff as
they exist at date of final approval of a subdivision plat, together
with all documents and plans of any kind or description and any agreements
made between the owner, developer or any representative of the owner
and the Planning Board pertaining to the manner and/or method of performing
the work mentioned.
The division of a lot, tract or parcel of land, whether improved
or not, into two or more lots, plots, sites or other divisions of
land for the purpose, whether immediate or future, of sale or of building
development. "Development" shall have the same meaning as "subdivision."
The Mayor, with the approval of the Board of
Trustees, shall appoint a Planning Board consisting of five members,
each of whom shall be a resident of the Incorporated Village of Sea
Cliff and each of whom shall serve for a term of five years in the
position to which he shall be appointed. Every member of the Planning
Board shall be considered a public officer, shall take and sign a
constitutional oath of office prior to assuming his duties and commencing
his term of office and shall be subject to all of the provisions of
law applicable to public officers. The Chairman of the Planning Board
shall be appointed from among the five members by the Mayor. with
the approval of the Board of Trustees. Any member of the Planning
Board may be removed by the Mayor for cause after a public hearing.
[1]
Editor's Note: See Village Law § 7-718.
[Added 3-12-2007 by L.L. No. 2-2007]
A.Â
The Board of Trustees finds that it is in the best
interests of the Village residents to create two positions of alternate
member of the Planning Board to sit on applications and other matters
for such members as are unable to participate because of a conflict
of interest or because of an inability to attend a meeting, in order
to help assure that a quorum is readily available to hear applications
and other matters in a timely manner. Since Paragraph 16 of § 7-718
of the Village Law provides for the establishment of such positions
only when members are unable to participate because of a conflict
of interest, the Board of Trustees seeks to both implement the provisions
of said section and simultaneously to supersede the limitations of
said section, to the extent necessary, if at all, to provide that
such alternate members may also act when regular members are unwilling,
unavailable or for any other reason do not attend a meeting or participate
on an application.
B.Â
In addition to regular members appointed and serving pursuant to § 112-4 of this chapter, the Mayor is hereby authorized to appoint, subject to the approval of the Board of Trustees, two alternate members to the Planning Board to serve as provided herein. No alternate member shall also serve as a member or alternate member of the Zoning Board of Appeals.
C.Â
Each alternate member shall serve for a term of two
years expiring at the end of the Village official year, except that
in the first year of the application of this section, to stagger the
terms, one alternate member shall be appointed for one year and one
for two years. Their successors shall be appointed for a term of two
years after the expiration of the terms of their predecessors in office.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by the Mayor for the unexpired term, subject to the
approval of the Village Board of Trustees. The Village Board of Trustees
shall have the power to remove any alternate member of the Planning
Board for cause, after a public hearing if one is requested.
D.Â
The Chairman of the Planning Board may designate an
alternate member to substitute for a regular member when such member
is unable to participate because of a conflict of interest on an application
or other matter before the Planning Board, or when a regular member
is unwilling, unavailable or for any other reason does not attend
a meeting or participate on an application. The alternate member shall
be designated prior to the initial meeting on each application where
a regular member is unable to participate, when practical, and attend,
deliberate, and vote in every meeting and action taken by the Planning
Board thereafter during the review of the application in place of
the member being substituted. Once designated to serve on a particular
matter before the Board, the alternate member shall have the same
powers, duties, and responsibilities as a regular member of the Board
until that matter is concluded. When so designated, such designation
shall be entered into the minutes of the initial Planning Board meeting
at which the substitution is made. Any determination by the Board
consisting of alternate members shall have the same weight and be
entitled to the same authority as the act or deed of the regular Planning
Board, and all laws, statutes and regulations shall apply and be applied
with equal force and effect.
E.Â
If the Chairman of the Planning Board is unable to
participate because of a conflict of interest on an application or
other matter before the Planning Board, or is unwilling, unavailable
or for any other reason does not attend a meeting or participate on
an application, the Acting Chairman of the Planning Board may designate
an alternate member to substitute for the Chairman and an alternate
member to substitute for any other regular member of the Board who
is unable to participate pursuant to this section.
F.Â
Although alternate members of the Planning Board may
attend all meetings of the Planning Board, they shall have no power
to participate in any actions of the Planning Board except as provided
herein.
G.Â
All provisions of state law, as well as any provisions
of any local law, relating to Planning Board member training and continuing
education, attendance, conflict of interest, compensation, eligibility,
vacancy in office, removal, compatibility of office and service on
other boards shall apply to alternate Planning Board members.
The Planning Board of the Village of Sea Cliff
is hereby authorized and empowered to approve, modify and approve,
or disapprove plats showing lots, blocks or sites, with or without
streets or highways. For the same purpose, the said Planning Board
is further authorized and empowered to approve, modify and approve,
or disapprove the development of plats entirely or partially undeveloped
and which were filed in the office of the Clerk of Nassau County (or
Queens County prior to the establishment of Nassau County as an autonomous
county) prior to the appointment of the Planning Board of the Village
of Sea Cliff.
In the approval of subdivision plats the Planning
Board shall give, reasonable consideration to the most desirable development
for which land may be adapted, the conservation of property values
and the prospective character of development in accordance with a
well-considered plan, in order to provide for the future growth and
development of the Village and to afford adequate facilities for the
housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its residents and the conservation of the Village's
natural environment.
[Added 12-17-2007 by L.L. No. 17-2007, effective 1-1-2008]
A.Â
Where required, a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article III of Local Law No. 15-2007, entitled "Stormwater Management and Control," adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control," shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article III of Local Law No. 15-2007, adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control." The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control," adopted by Local Law No. 15-2007.
B.Â
Where required, a stormwater pollution prevention plan consistent with the requirements of Article III of Local Law No. 15-2007, entitled "Stormwater Management and Control,"adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control,â and with the terms of any preliminary plan approval which shall have been issued, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article III of Local Law No. 15-2007, adopted as Article III of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled âStormwater Management and Control." The approved final subdivision plat shall be consistent with the provisions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control," adopted by Local Law No. 15-2007.
The Building Inspector shall not issue any building
permit for which the subdivision application related thereto has been
disapproved by the Planning Board. The Building Inspector shall not
issue any building permit for which the subdivision application related
thereto has been modified and approved unless the subdivision plat
has been changed to embody any modifications that the Planning Board
may have specified as required to approve such subdivision application
and there has been compliance with all applicable laws and provisions
of this Code. The Building Inspector shall not issue any building
permit for which the subdivision application related thereto has been
approved unless there has been compliance with all applicable laws
and provisions of this Code.
A.Â
No map, or plat relating to the subdivision of land
in any residence district for residential or other purposes shall
hereafter be approved by the Planning Board or actually filed in the
office of the Clerk of Nassau County, nor shall any building hereafter
be issued for any construction on property contained on such subdivision
map or plat, unless the owner of such property shall first either
set aside and donate to the Village 5% of the land to be so developed
by way of fee title or pay to the Village a sum, to be determined
by the Board of Trustees of the Village, equal to the market value,
at the time of the approval of such map or plat, of 5% of the land
to be so developed. The land so donated to the Village shall be solely
used and developed by the Village for park, playground, recreation
or conservation purposes; or if moneys are donated in lieu of land,
such funds shall constitute a trust fund for park, playground or recreational
purposes, including acquisition and/or development.
B.Â
The determination of whether to accept lands or trust
fund moneys shall be in the sole discretion of the Board of Trustees.
In making its determination, the Board shall consider such factors
as:
(1)Â
The total existing acreage then owned by the Village
and reserved for park, playground or recreational or conservation
purposes.
(2)Â
The size of the parcel under consideration for donation
by the developer.
(3)Â
The location of such parcel in a residence district.
(4)Â
The number and proposed use of structures to be constructed
in the proposed subdivision and the projected density of population
therein.
(5)Â
The topography of the land proposed to be donated
and the general suitability thereof for park, playground and/or recreational
purpose.
C.Â
The Board of Trustees may, in determining whether
to accept lands or trust fund moneys, determine to accept a combination
of both in a total amount equal to the aforestated 5%.
The provisions of Chapter 138, Zoning, relating to off-street parking and loading space requirements shall be complied with as regards the development or subdivision of property.
Pursuant to law,[1] the Village Clerk shall file a certificate in the office
of the Clerk of Nassau County, immediately upon enactment of this
chapter, certifying as to the powers granted hereunder to the Planning
Board.
[1]
Editor's Note: See Village Law § 7-728,
Subdivision 3.
Any person aggrieved by any decision of the
Planning Board may apply to the Supreme Court of the State of New
York for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30 days
after the filing of the decision of the Planning Board in the office
of the Village Clerk.[1]
[1]
Editor's Note: See Village Law § 7-740.
The Planning Board is hereby authorized to adopt,
promulgate. amend and repeal rules and regulations governing its procedure
and the transaction of its business and for the purpose of fully implementing
the provisions of this chapter. Such rules and regulations, and any
amendment thereto, shall be subject to approval by the Board of Trustees
and, once approved, shall be made a part of this Code with the same
force and effect as all other laws of the incorporated Village of
Sea Cliff.[1]
