[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 11-20-1968 as Ch. 2 of Part I of the Code of Ordinances (1968). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Planning
Ordinance of the Village of Kensington."
[Amended 6-16-1993 by L.L. No. 3-1993]
A.
The Planning Board heretofore established shall be continued and
shall have all of the powers and duties provided by the Village Law,
the General Municipal Law, the Nassau County Charter (Chapter 878
of the Laws of 1936, as amended) and any other general or special
statutes, ordinances, rules and regulations now or hereafter in force.
B.
Village Law § 7-718, Subdivision 3, is hereby superseded
and repealed in its application to the Village of Kensington to the
extent that said statute precludes members of the Board of Trustees
from being eligible for membership on the Planning Board.
The Master Plan or map by whatsoever name known, heretofore
adopted by the Planning Board of the Village of Kensington, and all
maps, plans and subdivision plats heretofore adopted by the Planning
Board of the Village of Kensington which amend, modify or supplement
the Master Plan or map so adopted, shall constitute the Master Plan
of the Village of Kensington.
A.
The Planning Board is hereby authorized and empowered to approve
plats showing lots, blocks or sites, with or without streets or highways.
B.
The Planning Board is hereby authorized and empowered to approve
the development of plats entirely or partially undeveloped and which
have been filed in the office of the Clerk of Nassau County prior
to the original establishment of the Planning Board, and to approve
such plats.
All applications for approval by the Planning Board must be
in writing and must be submitted to the Village Clerk in duplicate
and must consist of the following, which will in no case be returned
to the applicant:
A.
Request for the approval of the Planning Board, stating precisely
what action by the Board is desired.
B.
Map, plat or plan in respect to which approval is requested.
C.
Affidavit or certificate of ownership of the land affected, stating
the name of the owner of record thereof.
D.
If the applicant is not the owner of record, proof must be presented
showing the authority of the applicant to make the application and
to make the affidavits or certificates hereinbefore required.
[Added 11-15-2006 by L.L. No. 3-2006]
A.
Stormwater Pollution Plan. A Stormwater Pollution Prevention Plan (SWPPP), consistent with the requirements of Chapter 132A, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 132A. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 132A.
B.
Stormwater Pollution Prevention Plan. A Stormwater Pollution Prevention Plan, consistent with the requirements of Chapter 132A and with the terms of preliminary plan approval, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 132A. The approved final subdivision plat shall be consistent with the provisions of Chapter 132A.
A.
All maps, plats or plans must be in form to be recorded in the office
of the Clerk of Nassau County.
B.
Maps, plats or plans shall be drawn to scale and shall show the boundaries
of the property affected and the courses and distances of such boundaries.
They shall show the location of all proposed streets and shall give
the courses and distances of the lines thereof. They shall show the
location of existing streets and shall indicate with reasonable certainty
the location of connecting streets on other property. They shall show
the location of existing buildings and other structures and other
natural or physical features. They shall show the proposed lot development
and shall indicate with reasonable certainty the location of the front,
side and rear lines of the lots and the approximate area of each lot.
They shall show existing streets laid out in the Master Plan of the
village as amended. They shall show any other features which the Board
may require in individual cases.
In lieu of the completion of any improvements and installation
of utilities prior to the final approval of the map, plat or plan,
the Planning Board may require a bond with a surety satisfactory to
the Board as surety thereon, to secure to the village the actual construction
and installation of such improvements or utilities or other features
at a time and according to approved village specifications, or in
case there are no such specifications, according to specifications
approved by the Board.
A.
Village Law § 7-728(1) is hereby superseded and repealed
in its application to the Village of Kensington to the extent that
the said statute provides a time limit for the approval of or refusal
to approve a plat, map or plan, and to the extent that the said statute
provides that a plat, map or plan shall be deemed approved if not
approved or approval refused within a specified period of time.
[Amended 6-15-1988 by L.L. No. 4-1988]
B.
The approval or disapproval of a map, plat or plan and any other
action taken by the Planning Board and any terms or conditions imposed
upon such approval or disapproval or action shall be entered in the
minutes of the Board. The approval or disapproval shall be endorsed
upon the face of each copy of the map, plat or plan submitted, and
where conditions are imposed, either such conditions shall be endorsed
upon the face of such map, plat or plan or other reference placed
upon the face indicating the existence of such conditions and the
place where such conditions may be found.
A.
Upon the filing of any application, the Village Clerk shall arrange
for a time and place at which the Planning Board will meet to consider
the application and shall cause notice of such public hearing to be
published and posted in accordance with law. He shall also cause notice
of such application to be served either personally or by mail upon
the owners or occupants of all property shown upon any such map, plat
or plan and any other property lying within 500 feet thereof or which
the Clerk shall deem affected by the application. The Planning Board
may, in its discretion, require the giving of additional notice, and
for such purpose may adjourn the public hearing.
B.
At the public hearing, citizens and persons in interest will have
an opportunity to be heard, and the names and addresses of all persons
recorded in connection with such application, together with the substance
of their views, shall be entered in the minutes of the Board.
A.
No subdivision shall be made of land within the village or within
300 feet of the boundaries of the village, and no map, plat or plan
of any proposed subdivision thereof shall be approved by the Planning
Board, except in conformity with all of the regulations and provisions
of this chapter.
B.
No plat of a subdivision of land showing a new street or highway
shall be filed or recorded in the office of the County Clerk of Nassau
County until it has been approved by the Planning Board and such approval
endorsed in writing on the plat.
C.
No public sewer or other municipal street utility or improvement
shall be constructed in any street or highway until it has been duly
placed on the Official Map or Plan of the Village of Kensington.
D.
No permit for the erection or alteration of any building or structure
on any lot or parcel of land within a plat or subdivision which the
Planning Board is authorized and empowered to approve or disapprove
shall be issued unless such plat or subdivision has been submitted
to and approved by the Planning Board. To the extent that Village
Law § 7-728 requires the approval or disapproval of the
Planning Board to be made within any period of time, the said provisions
of the Village Law are superseded in their application to the Village
of Kensington.
[Amended 5-17-1989 by L.L. No. 9-1989]
E.
No owner and no agent of the owner of any land located within a subdivision
in the Village of Kensington shall transfer or sell or agree to sell
or negotiate to sell any land by reference to or exhibition of or
by other use of a plat of a subdivision unless and until such plat
has been approved by the Planning Board as provided in this chapter
and recorded or filed in the office of the County Clerk of Nassau
County; and the description of such lot or parcel by metes or bounds
in the instrument of transfer or other documents used in the process
of selling or transferring shall not exempt the transaction from such
penalties or from the remedies provided by this chapter.
[Amended 5-17-1989 by L.L. No. 1-1989]
Each person who violates any provision of this chapter shall,
for each and every day that said violation continues, be subject to
a fine of not more than $1,000 or imprisonment for a period not to
exceed six months, or both such fine and imprisonment.
