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]
The Planning Board shall hold the following
types of meetings:
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.
(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.
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:
(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]
(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.
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:
(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.
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]
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.
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.
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]
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.
