Village of Sea Cliff, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The following rules and regulations are intended to provide an orderly procedure for the preparation and approval of site plans and the preparation, approval and filing of subdivision plats and to further implement the authority granted to the Planning Board of the Village of Sea Cliff by the Board of Trustees.[1]
[1]
Editor's Note: See Ch. 107, Site Plan Review, and Ch. 112, Subdivision of Land.
The Planning Board shall hold the following types of meetings:
A. 
Public hearings: meetings for the purpose of receiving evidence and hearing witnesses in connection with the following:
(1) 
Site plan review.
(2) 
Applications for approval of the development or subdivision of land.
B. 
Public meetings: meetings for the purpose of conducting official business of the Board.
C. 
Executive sessions.
(1) 
Executive sessions may be convened pursuant to law for action on the following types of matters:[1]
(a) 
Matters which would imperil the public safety if disclosed.
(b) 
Matters which might disclose the identity of a law enforcement agent or informer.
(c) 
Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed.
(d) 
Discussions regarding proposed, pending or current litigation.
(e) 
Collective negotiations pursuant to the Civil Service Law.[2]
[2]
Editor's Note: See Civil Service Law, Article 14, § 200 et seq..
(f) 
The medical, financial, credit or employment history of any person or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any person or corporation by the Board.
(g) 
The preparation, grading or administration of examinations.
(h) 
The proposed acquisition, sale or lease of real property, but only when publicity would substantially affect the value of the property.
[1]
Editor's Note: See Public Officers Law, Article 7.
(2) 
A motion calling for an executive session must identify the general subject to be considered at that session. Such motion must be adopted by a majority vote of the Board taken at a meeting which is open to the public.
(3) 
Attendance at executive sessions shall be permitted only to the members of the Board, their designated representatives, invited members of the Village staff and other persons authorized by the Board.
D. 
Such other types of meetings as shall be determined to be necessary from time to time by majority vote of the Board or at the call of the chairman.
A. 
Site plan review.
(1) 
Building permits. All applications requesting the issuance of a building permit and involving the proposed erection of any structure, other than accessory structures on previously improved property or additions to one-family dwellings, shall be accompanied by 12 copies of a site plan.
(2) 
Development or subdivision. All applications for the development or subdivision of land shall be accompanied by eight copies of a site plan.
B. 
Applications for the development or subdivision of land.
(1) 
As used herein, the term "application for approval of a subdivision plat" shall include "application for approval of a development."
(2) 
Applications for approval of a subdivision plat shall be submitted in accordance with § A145-10.
C. 
Filing fees.
(1) 
The filing fee for site plan review shall be as set forth in Chapter A142, Schedule of Fees, and shall accompany each site plan.
(2) 
The filing fee for subdivision applications shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each subdivision application, which shall be in writing. The form for such application shall be as prescribed by the Planning Board.
(3) 
In the event that an application is withdrawn prior to the time the Village must submit a notice of public hearing regarding such application to the newspaper for publication a refund amounting to 2/3 of the filing fee for such application shall be returned to the applicant.
[Added 7-13-1987]
(4) 
If an application is not withdrawn in time to permit deletion of the notice therefor from the published notice of public hearing, no refund shall be made.
[Added 7-13-1987]
D. 
Where to file papers. All site plans and all applications for the development or subdivision of land shall be filed in the office of the Village Clerk.
E. 
Notice to other boards. The Village Clerk shall, upon receipt of the application and accompanying plans, forward copies of same to the Chairmen of the Board of Architectural Review, Zoning Board of Appeals and Environmental Conservation Commission for review and comment.
F. 
Deposit requirements. In all cases where the Village will incur expenses, including attorneys' fees in excess of five hours or any other consultant providing engineering, surveying or other investigative or expert advice, payment for those customary and reasonable fees shall be the responsibility of the applicant. As determined by the Building Department, at the time of the submission of an application or at such time as the Building Department, upon becoming aware of any such anticipated costs, determines, an applicant shall be required to deposit with the Village a sum as a reasonable estimate of those costs, as may be determined from time to time by the Board of Trustees. An applicant shall only be responsible for the costs that are actually and necessarily incurred by the Village in connection with the application. If the amount of the deposit is insufficient to cover the direct costs incurred by the Village, the applicant shall, at such time as fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such costs. Upon a determination that a deposit is required or that the then on hand deposit is insufficient, no further hearings on the application shall take place until the required sum is deposited with the Village Clerk. If the amount deposited exceeds the actual costs actually and necessarily incurred by the Village, the unused portion of such deposit shall be returned to the applicant within 90 days after the decision on the application is filed with the Village Clerk.
[Added 2-12-2019 by L.L. No. 2-2019]
A. 
Public hearings shall be held within 60 days following receipt of the site plan or subdivision application in proper order and in final form for review.[1]
(1) 
The Planning Board may waive the requirement that a public hearing on site plan review be held in the case of the erection of any addition to an existing structure (other than additions to one-family dwellings for which site plan review is not required), provided that:
(a) 
No variance from Chapter 138, Zoning, is required for such addition.
(b) 
The addition does not increase the gross floor area of the existing structure by more than 5%.
(c) 
The addition does not increase the total plot coverage by more than 5%.
(d) 
The addition does not reduce the area available and improved for off-street parking below the minimum requirements set forth in Chapter 138, Zoning.[2]
[2]
Editor's Note: See Article X.
(e) 
The existing structure, before erection of the addition, has a gross floor area of not more than 5,000 square feet.
(2) 
The Planning Board may combine a hearing on site plan review with a hearing on an application for approval of a subdivision plat.
(3) 
In any case where the application indicates that a variance, special permit or other approval will be required to be obtained from the Zoning Board of Appeals or the Board of Trustees in order to use the premises as proposed, the applicant shall submit an application to the appropriate board simultaneously with the filing of the site plan or the application for approval of the subdivision plat, as the case may be. No site plan or subdivision application shall be considered to be complete or in proper order and in final form for review, and no public hearing shall be held thereon nor approval granted by the Planning Board, until final action has been taken by the Zoning Board of Appeals or the Board of Trustees, as appropriate, and a copy of such Board's decision made a part of the site plan or the application for approval of the subdivision plat.
(4) 
In any case where an application for subdivision approval indicates that the matter must be referred to the Nassau County Planning Commission for review,[3] the Board may, in the discretion of the Chairman, subject to review by majority vote of the Board, determine that the application is not complete or in proper order and in final form for review, and no public hearing shall be held thereon by the Planning Board until the recommendation of the Nassau County Planning Commission has been received and a copy of such recommendation made a part of the application. If a hearing is held on such matter prior to receipt of the recommendation from the Nassau County Planning Commission, the Board may, by majority vote at a public meeting or hearing, adjourn such hearing pending receipt of the recommendation from the Nassau County Planning Commission, on the grounds that the appeal or application is not complete or in proper order and in final form for review.
[3]
Editor's Note: See General Municipal Law § 239-n; and County Government Law of Nassau County, § 1610.
(5) 
In any case where the application indicates that the property is in a special flood hazard area,[4] the foregoing provisions of this section shall not initially apply, and the applicant shall be directed to file an application with the Building Inspector for flood hazard reduction review. No further action shall be taken on the application until a development permit indicating compliance with flood hazard reduction provisions is obtained. Upon issuance of a development permit, the foregoing provisions of this section shall then apply. Failure to obtain a development permit shall preclude any further action on an application under this or any other chapter of this Code.[5]
[4]
Editor's Note: See Ch. 48, Building Construction Administration, Art. XVI, which relates to flood damage protection.
[5]
Editor's Note: See Ch. 48, Building Construction Administration, Art. XVI, for requirement to obtain development permit (relating to construction in areas of special flood hazard) before any other permits or required approvals shall be issued.
(6) 
Notwithstanding the above, public hearings may be held at such other dates, places and times as the Board may determine by majority vote either at a public meeting or work session.
[1]
Editor's Note: See Subsection A(3) and (4) of this section and § A145-10A.
B. 
Public meetings and work sessions may be called by the Chairman of the Board and may also be held as determined by majority vote of the Board, either at a public meeting or work session.
A. 
Public hearings.
(1) 
The Chairman shall cause a notice of public hearing to be given at least seven days prior to the date fixed for such hearing, by publication of said notice in the official Village newspaper[1] and by posting such notice in the following locations:
(a) 
The office of the Village Clerk.
(b) 
The Village Fire Department headquarters.
(c) 
The Senior Library.
[1]
Editor's Note: See Ch. 21, Official Village Newspaper.
(2) 
The notice of public hearing shall clearly describe the property in question and what the nature of the hearing will be. It shall also state the date, time and place of the hearing.
(3) 
The Village Clerk shall send a notice of public hearing, by regular first-class mail, to all members of the Board and to each applicant, at least seven days prior to the date fixed for such hearing.
(4) 
On any application which involves property adjoining a boundary line with the City of Glen Cove, the Village Clerk shall send a notice of public hearing, by regular first-class mail, to the office of the Clerk of the City of Glen Cove.
(5) 
The applicant shall prepare a map (in such form as may be required by the Village) showing the names of the owners of all parcels of property located within a radius of 200 feet of the applicant's property. Upon being provided with a copy of the legal notice of public hearing (on a form provided by the Village), the applicant shall deliver to the Building Department, prepaid, first-class mail, stamped envelopes addressed to each owner on the radius list, with a return address provided on the envelope as Village Hall, 300 Sea Cliff Avenue, PO Box 340, Sea Cliff, New York 11579, and each envelope containing therein a copy of the legal notice of public hearing, not less than 12 days prior to the public hearing. The names of said owners shall be taken as they appear on the last completed tax roll of the Village, except that the addresses must be those of the actual places of residence of the owners. Provided that the applicant timely submits all required, prepaid envelopes containing the required legal notice, at least 10 days prior to the public hearing, the Village shall mail the envelopes.
[Amended 7-7-1986; 3-14-2005; 2-12-2019 by L.L. No. 2-2019]
B. 
Notice of meetings scheduled at least one week in advance, other than regularly scheduled meetings.
(1) 
Notice of meetings scheduled at least one week in advance shall be posted at least 72 hours in advance of such meetings in the office of the Village Clerk.
(2) 
Notice of meetings scheduled at least one week in advance shall be given to the official Village newspaper[2] at least 72 hours in advance of such meetings.
(a) 
When notice to the official Village newspaper is sent by mail, it shall be sent at least one week in advance of such meetings to ensure that such notice will meet the seventy-two-hour advance requirement.
(b) 
When notice to the official Village newspaper is delivered personally or is given by telephone, a form or log shall be kept in which the person providing the notice shall record the date, time and name of the representative of the news media to whom notice was provided, and shall so certify in writing.
[2]
Editor's Note: See Ch. 21, Official Village Newspaper.
C. 
Notice of meetings scheduled less than one week in advance.
(1) 
Notice of meetings scheduled less than one week in advance shall be posted as soon as practicable in the office of the Village Clerk.
(2) 
To the extent practicable, notice to the official Village newspaper shall be delivered personally or by telephone in accordance with the procedure set forth above.
D. 
Notice of regularly scheduled meetings.
(1) 
Notice of meetings that are to be held regularly at specific times and locations and on specific dates may be given by a single notice to the public and the news media annually.
(2) 
Notice of the regularly scheduled meetings shall be posted in the office of the Village Clerk.
(3) 
Notice of the regularly scheduled meetings shall be provided by mail to the official Village newspaper.
E. 
Any news media other than the official Village newspaper which request notice of meetings shall be given such notice in accordance with this section.
F. 
Designation and duties of person to provide public notice.
(1) 
Notice of meetings shall be provided to the public and the official Village newspaper by the Clerk of the Board or, if there is none, then by the Board's Secretary.
(2) 
Whenever possible, notice of the date, time and place of meetings shall be provided to any person requesting the same, whether such request is made in person, in writing or by telephone.
A. 
The Chairman shall preside at all meetings and subject to these rules shall decide all points of order or procedure, unless otherwise directed by a majority of the Board in session at that time. Should the Chairman be absent at any meeting, he shall designate, in advance, an Acting Chairman to act at such meeting. Should the Chairman fail to do so, the Board shall, by majority vote, designate such Acting Chairman at its meeting.
B. 
Except as may have been hereinbefore provided, meetings shall be governed by standard parliamentary procedures.
C. 
Meetings of the Board shall be held and formal action taken thereat only when a quorum is present. A quorum shall be a simple majority of the total number of Board members. If a quorum is present at a meeting, affirmative votes equal in number to a majority of the whole Board shall be necessary for any action to be taken, except in cases where, by law, a larger proportion of the votes of the whole Board shall be required.
D. 
The Clerk or Secretary shall record the name of each Board member present and the manner in which such member voted (including abstentions) on each motion.[1] However, where a motion is approved or rejected by unanimous vote, it shall be sufficient to record only those members present and the fact of the unanimous vote.
[1]
Editor's Note: See Public Officers Law §§ 87 and 96.
E. 
Minutes shall be taken at all meetings of the Board which are open to the public and shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon.
F. 
Minutes shall be taken at executive sessions only of actions taken by formal vote, if any, and shall consist of a record or summary of the final determination of such action. Such record or summary shall not include any matter which is not required to be made public.[2]
[2]
Editor's Note: See Public Officers Law, Article 6, and Ch. A146, Regulations Relating to Public Access to and Inspection and Copying of Public Records.
G. 
Minutes of meetings of the Board which are open to the public shall be available to the public after their approval by the Board at the next regular meeting. Minutes of executive sessions shall be available to the public within one week from the date of the executive session.[3] In In the event that the Board shall not have approved such minutes of executive sessions within the one-week period, the Chairman is authorized to conditionally approve such minutes prior to public release, with such conditional approval subject to ratification by the Board at the next regular meeting.
[3]
Editor's Note: See Public Officers Law § 96.
H. 
Stenographic minutes shall be taken when, in the judgment of the Chairman, subject to review by majority vote of the Board, they shall be deemed necessary.
I. 
The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
A. 
Site plan review.
(1) 
Building permits. All applications requesting the issuance of a building permit and involving the proposed erection of any structure, other than accessory structures on previously improved property or additions to one-family dwellings, duly filed with the Building Inspector, shall be referred by the Building Inspector to the Planning Board within 10 days of filing for review in accordance with Chapter 107, Site Plan Review, and these rules and regulations.
(2) 
Development or subdivision. All applications for the development or subdivision of land duly filed with the Village Clerk shall be referred by the Village Clerk to the Planning Board within 10 days of filing for review in accordance with Chapter 107, Site Plan Review, and these rules and regulations.
(3) 
Within 60 days following receipt of the application, including the site plan in proper order and in final form for review,[1] the Planning Board shall hold a public hearing thereon. If within 60 days following the date of the final hearing thereon the Board has not disapproved the site plan, or if within 60 days after receipt of the site plan in proper order and in final form for review the Board has not held a hearing thereon and disapproved the same, or within such longer period as may have been consented to by the applicant the Board has not disapproved the site plan, the site plan shall be deemed approved.
[1]
Editor's Note: See Subsection A(3) and (4) of this section and § A145-10A.
B. 
Applications for the development or subdivision of land.
(1) 
All applications for the development or subdivision of land duly filed with the Village Clerk shall be referred by the Village Clerk to the Planning Board within 10 days of filing for review in accordance with Chapter 112, Subdivision of Land, and these rules and regulations.
(2) 
Within 60 days following receipt of a subdivision application in proper order and in final form for review, the Planning Board shall hold a public hearing thereon and shall render its decision. If within such time or within such longer period as may have been consented to by the applicant the Board has not disapproved the application, the application shall be deemed approved, and the Village Clerk shall issue, upon demand, a certificate as to the date of receipt of the application and the failure to take action within 60 days. Such certificate shall be sufficient evidence of approval of the application.[2]
[2]
Editor's Note: See Village Law § 7-728, Subdivision 1.
C. 
In any case where approval by the Board of Architectural Review shall be required,[3] such approval may be granted prior to a final decision by the Planning Board. However, the Building Inspector shall not issue a building permit until a final decision has been made by the Planning Board and there has been compliance with all applicable laws and provisions of this Code.
[3]
Editor's Note: See Ch. 38, Architectural Design Review.
D. 
In any case where the application indicates that the property is in a special flood hazard area,[4] the foregoing provisions of this section shall not initially apply, and the applicant shall be directed to file an application with the Building Inspector for flood hazard reduction review. No further action shall be taken on the application until a development permit indicating compliance with flood hazard reduction provisions is obtained. Upon issuance of a development permit, the foregoing provisions of this section shall then apply. Failure to obtain a development permit shall preclude any further action on an application under this or any other chapter of this Code.[5]
[4]
Editor's Note: See Ch. 48, Building Construction Administration, Art. XVI, which relates to flood damage protection.
[5]
Editor's Note: See Ch. 48, Building Construction Administration, Art. XVI, for requirement to obtain development permit (relating to construction in areas of special flood hazard) before other permits or required approvals shall be issued.
E. 
All decisions of the Planning Board shall be in writing, signed by the Chairman, and shall be filed within five working days in the office of the Village Clerk, which shall be the office of the Planning Board. A copy of such decision shall be mailed to the applicant upon filing.