Village of Lake Grove, NY Article II Subdivision Application

§ 159-4 Procedure in filing.

Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.

§ 159-5 Sketch plan.

A. Submission of sketch plan. Any owner or prospective owner of land, prior to subdividing or resubdividing the land, shall submit to the Clerk of the Board at least two weeks prior to a regular meeting of the Board, three paper copies of a sketch plan of the proposed subdivision which shall comply with the requirements of these regulations, for the purposes of classification and preliminary discussion. At this time, the developer should be familiar with these regulations, Chapter 175, Zoning, Chapter 65, Building Construction, the New York State Uniform Fire Prevention and Building Code and all other ordinances applicable to the proposed project.

B. Discussion of requirements and classification.

(1) At its meeting with the subdivider, the Board will discuss the objectives of these regulations and the requirements for street improvements, grading, drainage, sewerage, water supply, fire protection and similar pertinent information. No engineering work other than a boundary survey is required prior to this meeting. Primary consideration shall be given to the appropriateness of the proposed development on the site involved, with respect to the objectives of the Village Master Plan.

(2) Classification of the sketch plan is to be made at this time by the Board as to whether it is a minor or major subdivision as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in this section of these regulations. If classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 159-7, 159-8 and 159-10 of this article.

C. Study of sketch plan. The Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific suggestions in writing to be incorporated by the applicant in the next submission to the Planning Board.

D. Cooperation with adjacent communities.

(1) If the proposed subdivision is at or near the village boundary line, the Board should attempt at this time to cooperate with the appropriate body of the adjacent community to discuss the most appropriate design of this subdivision, for the mutual benefit of both communities.

(2) The Board shall make sure that the boundary line of the village and the town or other municipality does not run through individual buildings, plots or homes and that the plan or map of the developer be so designed that the mutual boundary line shall pass through a street or road dividing the subdivision. Each lot, plot, building or structure shall be wholly within either the village or other municipality.

§ 159-6 Approval of minor subdivision (land partition).

A. Application and fee.

(1) Within six months after the approval of the sketch plan by the Board, the subdivider shall submit an application for approval of a subdivision plat. The plat shall contain all information from the sketch plan, as approved by the Board, plus any recommendations made by the Board. Said application shall also conform to the requirements listed in Article V, § 159-19, herein.

(2) All applications for plat approval for minor subdivisions shall be accompanied by a fee as set forth in the fee schedule of the Village of Lake Grove.[1]

[1] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

(3) Five paper copies of the subdivision plat shall be presented to the Village Clerk at least two weeks prior to a scheduled Board meeting.

(4) The subdivider or his duly authorized representative shall attend the meeting of the Board to discuss the subdivision plat.

B. When officially submitted. The subdivision plat shall be considered officially submitted only when all the surveys, plans and other data required in Article V, § 159-19, herein, are submitted complete and in good form, together with the application and fee, at the regular meeting of the Board. The Board shall establish the time of submission of the plat when the subdivider complies with the requirements of this article. The Board shall approve, modify and approve, or disapprove such plat after a public hearing and within 45 days after the time of the submission of the plat as fixed by the Board.

C. Public hearing.

(1) Before the Board shall act on the subdivision plat, it shall fix a date for a public hearing, giving due notice to the applicant, and shall cause to be published in the village-designated newspaper at least 15 days prior to the public hearing a notice of the time and place of such hearing, the property involved and the name of the applicant. In addition, such notice shall be posted in at least three prominent places five days prior to said hearing.

(2) The applicant shall mail notice of said hearing, a radius map and subdivision plat by either certified or registered mail, return receipt requested, to every property owner as shown on the current Town of Brookhaven and Village of Lake Grove assessment rolls within the area immediately adjacent and contiguous to or directly opposite thereto for a distance of 200 feet from the perimeter of the property for which the site plan was filed. Such notice shall be mailed at least 10 days before the date of the hearing.

[Amended 3-2-1989 by L.L. No. 3-1989]

(3) Such notice shall contain the following information:

(a) The description of the property by metes and bounds, indicating the street or nearest corner or intersection, street, road or highway.

(b) The nature of the application, the purpose and intended use of the property.

(c) The name or names of the applicants and the name of the owner of record, if not the applicant.

(d) The date, time and place the public hearing is to be held.

(4) In the event that the petitioner or the applicant owns or has an interest, by contract, lease, lien or otherwise, in the property contiguous to the property for which the site plan was filed, such distance of 200 feet as provided in Subsection C(2) above shall be measured from the perimeter of such contiguous property. In the event that the applicant is a corporation, the name of the member or officer of such corporation or firm or partnership who may own or have an interest, by contract, lease, lien or otherwise, in the property contiguous to the property involved, it shall be considered as the property from the perimeter of which the distance of 200 feet shall be measured.

(5) At least one week before the date of the scheduled public hearing, the applicant shall file with the Board the following:

(a) A copy of the notice sent to the required property owners.

(b) A list of the names and addresses to whom the notice was mailed.

(c) Affidavits of mailing of the aforesaid notice.

(d) The return receipts for each notice mailed, and if any notice is returned undelivered, such notice in the sealed envelope as returned by the post office.

(e) Affidavit pursuant to and in compliance with the provisions of Chapter 79, Disclosure of Information, of the Code of the Village of Lake Grove.

§ 159-7 Preliminary layout for major subdivision.

A. Application and fee.

(1) Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision, in the form described in Article V, § 159-20, herein. The preliminary layout shall in all respects comply with the requirements set forth in the provisions of Village Law §§ 7-729 and 7-730, and Article V, § 159-20, of these regulations, except where a waiver may be specifically authorized by the Board.

(2) The application for preliminary approval shall be accompanied by a fee as set forth in the fee schedule of the Village of Lake Grove.[1]

[1] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

(3) Six paper copies of the preliminary layout shall be presented to the Village Clerk at least two weeks prior to a scheduled Board meeting. If the subdivider intends to develop the tract in sections, one of the six submitted copies should be reproducible. The subdivider or his duly authorized representative shall attend the meeting of the Board to discuss the preliminary layout.

B. Study of layout. The Board shall study the practicability of the preliminary layout, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, available sewage disposal facilities, drainage, lot sizes and arrangements, the future development of adjoining lands as yet unsubdivided and the requirements of the Village Master Plan, the Official Map and Chapter 175, Zoning.

C. Conditional approval of the preliminary layout; setting of bonds.

(1) Following review of the preliminary layout, the Board shall, within 30 days, act thereon, as submitted or modified, and if approved, the Board shall express its approval as conditional approval and state the conditions of such approval, if any, with respect to:

(a) The specific changes which it will require in the preliminary layout.

(b) The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety and general welfare.

(2) The Board shall advise the developer of the scope and nature of the bonds which the Board will require as prerequisite to the approval of the subdivision plat.

(3) If the preliminary layout is disapproved, the Board shall express its disapproval in writing and its reasons therefor.

D. The action of the Board shall be noted on two copies of the preliminary layout, referenced and attached to any conditions determined. The Chairman or Acting Chairman of the Board shall date and sign the two copies. One copy shall be returned to the subdivider and the other retained by the Board. Conditional approval of a preliminary layout shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary layout as a guide to the preparation of the plat, which will be submitted for approval of the Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any. Prior to approval of the subdivision plat, the Board may require additional changes as a result of further study of the subdivision in final form.

E. The final plat submission shall be made no later than six months from the date of the conditional approval of the preliminary layout. A final plat submission will not be accepted after the six-month limit, and thereafter a new application and filing fee shall be submitted for preliminary layout reapproval. At the discretion of the Board, the six-month limit may be extended, but not to exceed two three-month extensions. Such extension shall be granted only if the proposed subdivision fully conforms to the Zoning Law and Building Construction Code in effect at the time such extension is applied for or any amendments to such code or ordinance pending at that time.[2]

[2] Editor's Note: See Ch. 65, Building Construction, and Ch. 175, Zoning.

§ 159-8 Plat for major subdivision.

A. Application for approval. The subdivider shall, within six months after the conditional approval of the preliminary layout, file with the Board an application for final approval of all or part of the proposed subdivision, using the approved application form available, accompanied by a fee as set forth in the fee schedule of the Village of Lake Grove.[1] The application is considered to be complete only when all of the plans and accompanying documents as detailed in Article V, § 159-21, herein, are satisfactorily completed and submitted. The subdivider shall provide the Village Clerk with the original and two prints of the plat, two prints of all construction drawings and cross sections of streets, utilities and other required improvements and the original and one copy of all offers of cession, covenants and agreements at least 10 days in advance of the meeting at which the plat is to be considered.

[1] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

B. Subdivision by stages. The subdivider may submit all or a portion of the proposed subdivision as approved in the preliminary layout. In such cases, the remaining portion or portions of the preliminary layout are valid for two years from the date of conditional approval unless extended by the Board within the two-year period. Such an extension may be granted only if the proposed subdivision meets all zoning requirements in effect on the date of extension. Each stage or section of a subdivision must be consistent with the intent as well as all specifications and requirements provided in these regulations. No portion of a subdivision shall be considered unless it:

(1) Has frontage on a public street;

(2) Abuts at least one street on the official map, if such exists, which street shall be improved to the satisfaction of the Board; or

(3) Abuts an approved street for which a bond has been filed under § 159-10A below.

C. When officially submitted.

(1) The subdivision plat can be considered officially submitted only when all the surveys, plans and data required in Article V herein are submitted complete and in good form, together with the application, at a regular meeting of the Board. In addition and notwithstanding the foregoing, if the applicant elects to construct any or all required improvements as specified in § 159-10A(2), herein, the Village Engineer must file a certificate with the Board, stating that these improvements have been satisfactorily installed, before the subdivision plat can be considered officially submitted.

(2) When the Board is satisfied that all materials and documents have been properly submitted, it shall establish that the time of submission of the plat is when the subdivider complies with the requirements in accordance with § 7-728 of the Village Law. The Board shall approve, modify and approve, or disapprove such plat after a public hearing pursuant to Article II, § 159-6C, herein, within 45 days from and after the time of the submission of the plat as fixed by the Board.

D. Action on proposed subdivision plat. Following the public hearing and study of the plat and within 45 days from the official date of submission, the Board will approve, approve with modification or disapprove the plat. The Board will notify the subdivider, in writing, of its decision, stating any conditions and required modifications or reasons for disapproval. The approval shall not be executed by the signing of the subdivision plat until the subdivider has complied with the provisions of § 159-10 below and until all conditions specified in the resolution of approval have been met. The time limits for approval may be extended if the same is either requested or concurred with by the applicant to allow further consideration and development of additional information.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 159-9 Resubdivision.

For a resubdivision, the same procedure, rules and regulations shall apply as those for a subdivision.

§ 159-10 Required improvements.

A. Improvements and performance bond. Before the Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or Subsection A(2) below:

(1) Filing of check or bond.

(a) The subdivider shall either file with the Village Clerk a certified check in an amount set by the Board as security to cover the full cost of the required improvements as estimated by the Board or file a performance bond to cover the full cost of the required improvements as estimated by the Board.

(b) This performance bond is posted by the subdivider to guarantee to the village that he will faithfully construct or cause to be constructed the required public improvements and utilities of the proposed subdivision to specified construction standards and within the specified time period. The performance bond shall be issued by a bonding or surety company approved by the Village Board.

(c) Any such bond shall comply with the requirements of the Village Law, § 7-730, and shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed, unless the Board and parties in the bond agree to extend the term. The bond may be modified or declared in default pursuant to § 7-730 of the Village Law.

(d) Based on the resolution of the Board approving or adjusting the estimate of bond prepared by the Village Engineer after the conditional approval of the preliminary layout, the subdivider shall present his bond to the Village Attorney for approval, who shall submit such bond to the Village Board for consideration. If approved by the Village Board, the bond shall be filed with the Village Clerk. The Board shall be notified of such approval and filing. The final plat cannot be signed by the Board nor any building permit issued by the Building Inspector until such approval and filing.

(2) Completion of improvements.

(a) The subdivider shall complete all required improvements to the satisfaction of the Village Engineer or shall file with the Board a surety or certified check covering the costs of all improvements not completed and the costs of satisfactorily installing any improvements not approved by the Village Engineer. No new building permit shall be issued and the official date of the final plat submission of any new section or subdivision shall not be set by the Board until the Village Engineer accepts the improvements as being complete and satisfactory or until the above-mentioned surety or certified check has been accepted by the Village Board.

(b) The certified check, security or the performance bond shall not be released until the work and improvements as required shall be completed to the satisfaction of the Village Engineer and the Village Board.

(3) With respect to any dwelling fronting on a new street shown on the subdivision plat, all required improvements shall be advanced to a degree of completion satisfactory to the Village Engineer before the certificate of occupancy can be issued. All required improvements shall be completed within the time period as specified in the performance bond. No bond shall be released except upon certification by the Village Board that all required improvements have been completed to its satisfaction.

B. Regardless of whether the procedure in Subsection A(1) or A(2) is followed, the following is also required:

(1) Escrow bond to be filed. In each case where an application is made for the issuance of a certificate of occupancy prior to the completion and acceptance of the public improvements in the subdivision or any section thereof, the applicant shall deposit with the village the sum of $100 for each building. Said sum shall be held in escrow by the village pending the completion and acceptance of the public improvements.

(2) In the event that the Village Engineer and the Superintendent of Highways determine that an emergency exists which imperils life or property within the village, then the village may use the funds deposited with respect to the particular subdivision in order to correct said emergency conditions, without notice to the person or legal entity having deposited funds with the village. In no case shall a developer be required to deposit more than $5,000 for all pending subdivisions, which term for the purposes of this section shall mean and include any section of a subdivision. The person or legal entity applying for the certificate of occupancy shall be responsible for the deposit of $100 per certificate of occupancy. In the event that there is more than one person or legal entity which has applied for certificates of occupancy in any subdivision, then the cost of performing any work in any subdivision or section thereof shall be determined by prorating the number of lots owned by each such person or legal entity into the total number of lots in the subdivision or section thereof. The sum of money remaining on deposit with the village, upon completion and acceptance of the public improvements, shall be returned to the person or other legal entity which deposited the same with the village.

(3) Any applicant for a certificate of occupancy prior to completion and acceptance of the public improvement shall be required to execute an agreement with the village incorporating the terms of this section and permitting the village or its duly appointed agent, employee or servant to come onto the property owned by the applicant in order to perform the work which may be required.

(4) Should any funds be withdrawn to complete work, the Planning Board shall require the person or legal entity responsible for performing such work to replenish such fund, taking into consideration the amount expended and the number of outstanding certificates of occupancy for lots in subdivisions where the performance bonds have not been released. Such amount as determined by the Planning Board shall be paid upon the issuance of the next certificate of occupancy.

C. Maintenance bond.

(1) Upon completion of the improvements as hereinabove provided and before a performance bond is canceled, the subdivider shall file with the village a certified check or surety bond in the amount determined by the Board to be adequate to assure the satisfactory maintenance of the initial improvements for a period of one year following their completion. Any such bond shall be satisfactory to the Village Attorney and Village Engineer as to form, sufficiency, manner of execution and surety and, finally, approved by the Village Board.

(2) The certified check or surety or maintenance bond shall not be released until the work or necessary repairs and required maintenance shall have been completed to the satisfaction of the Village Engineer, the Superintendent of Public Works and the Village Board.

D. Liability insurance. The subdivider shall file with the Village Board a general liability insurance policy at the same time that he files his performance bond. The insurance shall cover the same period as the performance bond and shall be extended in conformance with any extension of the performance bond. The policy shall insure the Village of Lake Grove and the subdivider for all personal injury and property damage incurred due to any activity related to the development of the subdivision. The minimum limits of liability coverage shall be as set forth and approved by the Village Attorney.

E. Waiver of required improvements. The Board, upon the recommendation of the Village Engineer, may waive, for such period as it may determine, the provisions of any or all such improvements not required by law, Chapter 175, Zoning, or Chapter 65, Building Construction, which in its judgment are not necessary in the interests of the public health, safety and general welfare and not necessary to fulfill the expressed purpose of these regulations. In the case of each waiver granted, the Board shall enter upon its records the reason or reasons why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.

F. Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Board that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvement and upon the recommendation of the Village Engineer, the Board may, upon its own initiative or upon written request of the subdivider, authorize modifications, provided that these modifications are within the spirit and intent of the Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Village Board. The Board shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Village Board at its next regular meeting.

G. Inspection of improvements. The Board shall cause inspection to be made to assure that all village specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Board.

(1) The subdivider may elect to install such improvements in accordance with the approved preliminary layout if he notifies the Board, in writing, of his intention to proceed. Upon receipt of a written request to proceed, the Board shall advise and assign the Building Inspector and the Village Engineer, who shall supervise the work being performed. The subdivider shall pay to the village, prior to the inspection, a percentage of the cost of the proposed improvements as estimated by the subdivider and approved by the Village Board, as set forth in the fee schedule of the Village of Lake Grove.[1]

[1] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

(2) If a bond is to be given to assure completion of required improvements, the Board shall assign the Building Inspector and the Village Engineer to assure such satisfactory completion. The developer shall pay to the village, prior to its approval of the bond, an inspection fee as set forth in the fee schedule of the Village of Lake Grove.[2]

[Amended 12-6-2001 by L.L. No. 3-2001]

[2] Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.

(3) Whether or not the Village Engineer or other duly designated official carries out inspection of required improvements during construction, the subdivider shall not in any way be relieved of his responsibilities to comply with these regulations.

(4) The subdivider shall furnish to the Village Engineer a certified set of reproducible record drawings showing all improvements as constructed, prior to paving, in the same detail as required for the approved construction detail plans in Article V, § 159-21B, herein.

(5) In order to facilitate inspection, the subdivider's engineer may be required by the Building Inspector to set stakes at no more than 50 feet apart, outside the area to be disturbed by construction, along all streets, utility and drainage lines to be built, marked with proper center-line station, offset from center line and cut or fill at center line. Where several lines run parallel to each other, only one set of stakes shall be required.

H. Utilities assurance. Where utilities are to be installed by a public utility company, the Board may accept written assurance addressed to the Board from the public utility company that such installations will be furnished by the company within a specified period of time.

I. Proper installation of improvements. If the village shall find, upon inspection, that any of the required improvements have not been installed within the term of the performance bond as provided by § 7-730 of the Village Law and have not been constructed in accordance with the plans and specifications filed by the subdivider, the subdivider and the bonding company will be jointly and severally liable for the costs of completing said improvements according to specifications. The Village Board may declare the bond to be in default and collect the sum payable thereunder, and upon receipt of the proceeds of the bond, the Village Board shall install such improvements as are covered by such a performance bond. Unless covered by a performance bond as specified in Subsection A(1) above, no plat which may be an extension of a previously recorded plat or no new plat, regardless of location, shall be approved by the Board if the subdivider has not fully complied with the terms of construction of all of the required improvements in a previously recorded plat submitted by him for approval. As a condition for the approval of such plat, the Board shall require that the conditions of the former agreement be met by the subdivider before the Board shall take action on the new plat.

§ 159-11 Filing of approved subdivision plat.

A. Final approval. Upon completion of the requirements in § 159-10 above and Article V, § 159-20, following, the Board may act to approve the subdivision plat. Three copies of the original print shall be signed by the Chairman or Acting Chairman of the Board under the following endorsement:

"Approved by resolution of the Planning Board of the Village of Lake Grove, New York; on the ...... day of .................... 19...., subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of this plat, as approved, shall void this approval. Signed this ............... day of ................... 19...., by......................"

B. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Board and endorsed in writing on the plat, unless the said plat is first submitted to the Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

C. Filing. The print shall be retained by the Board and the original shall be returned to the subdivider. The subdivider shall then file the plat with the County Clerk within 90 days of approval or the approval shall become void unless an extension is granted by the Board within that ninety-day period. The Board shall keep the reproducible set of prints and one paper set and forward one paper set to the Village Engineer's office and one set to the Village Assessor's office.

D. Release of performance bond.

(1) The Village Board may release the performance bond upon notification from the Board and the recommendation of the Village Engineer and the Village Superintendent of Public Works that the required improvements have been satisfactorily installed and that a satisfactory maintenance bond has been approved by the Village Attorney and filed with the Village Clerk as provided in § 159-10C of these regulations.

(2) The Village Clerk shall release the maintenance bond upon authorization of the Village Board upon the recommendation of the Board, the Village Engineer and the Superintendent of Public Works that maintenance has been satisfactory for the required period of time.

§ 159-12 Public streets, parks, playgrounds and recreation areas.

A. Plat approval. When a plat is approved by the Board, such approval shall not constitute an acceptance of a dedication of all or any of the land shown thereon as a street, park, playground or any other open space.

B. Offer of dedication. The owner of the land or his agent filing the plat shall add as part of the plat a notation to the effect that an offer of dedication of such streets, parks, playgrounds or other open spaces, or any of them, will be made to the village. Said owner shall execute and deliver to the Village Board a proper deed to the land to be conveyed at the time of the final plat submission. The acceptance of said offer of dedication shall be by a resolution of the Village Board.

C. Written agreement required. When a park, playground or other recreation area shall have been shown on a plat, the Board will require the filing of a written agreement between the applicant and the Village Board for the conditions of grading, development and maintenance of any such park, playground or recreation area.