Village of Great Neck Estates, NY Approval of Maps, Plats or Plans

[Amended 5-13-1996 by L.L. No. 4-1996; 5-12-2014 by L.L. No. 6-2014]

Pursuant to the authority granted by Municipal Home Rule Law § 10, Village Law § 7-728 is hereby amended and superseded in its application to the Village of Great Neck Estates. As it applies to the Village of Great Neck Estates, Village Law § 7-728 shall read as follows:

§ 7-728. Subdivision review; approval of plats; development of filed plats.
1.	Purpose. For the purpose of providing for the future growth and development of the Village and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, the Village Planning Board shall have authority to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways. This authority shall include approval of preliminary and final plats of property wholly or partially outside the Village where the Village Planning Board has jurisdiction with respect to such subdivision approval and the authority to grant waivers of subdivision requirements pursuant to Real Property Law § 334-a.
2.	Authorization for review of previously filed plats. For the same purposes and under the same conditions, the Planning Board may approve the development of plats, entirely or partially undeveloped, which were filed with the Nassau County Clerk prior to the appointment of such Planning Board. The term "undeveloped" shall mean those plats where 20% or more of the lots within the plat are unimproved unless existing conditions, such as poor drainage, have prevented their development.
3.	Filing of certificate. The Village Clerk shall promptly file with the Nassau County Clerk a certificate attesting that the Planning Board has the power to approve plats or grant waivers as provided in this section.
4.	Definitions. When used in this article, the following terms shall have the respective meanings set forth herein except where the context shows otherwise:
	(a)	"Subdivision" means the division of any parcel of land into a number of lots, blocks or sites as specified in a law, rule or regulation, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. The term "subdivision" shall include any alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the office of the county clerk or register of the county in which such plat is located.
	(b)	"Preliminary plat" means a drawing prepared in a manner prescribed by the Village Code or rule of the Planning Board showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as such Code or rule may require.
	(c)	"Preliminary plat approval" means the approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of this section.
	(d)	"Final plat" means a drawing prepared in a manner prescribed by the Village Code or rule of the Planning Board that shows a proposed subdivision, containing in such additional detail as shall be provided by such Code or rule all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat if such preliminary plat has been so approved.
	(e)	"Conditional approval of a final plat" means approval by the Planning Board of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the county clerk or register as herein provided.
	(f)	"Final plat approval" means the signing of a plat in final form by a duly authorized officer of the Planning Board pursuant to a Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat, or in a resolution granting final approval of the plat, are completed. Such final approval qualifies the plat for recording in the office of the county clerk or register in the county in which such plat is located.
5.	Approval of preliminary plats.
	(a)	Submission of preliminary plats. Unless otherwise authorized by the Planning Board, all plats shall be submitted to the Planning Board in the form of a preliminary plat for consideration. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this section.
	(b)	Coordination with the State Environmental Quality Review Act.[1] The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) (and its implementing regulations).
	(c)	Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed with respect to such plat by the Planning Board or other agency acting as lead agency in a coordinated review, or until a notice of completion of a final environmental impact statement has been filed in accordance with SEQRA. The time periods for hearing or review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion, except that when an agency other than the Planning Board of the Village of Great Neck Estates is the lead agency the time period for review of a preliminary plat shall begin upon filing of a negative declaration or such notice of completion, or certification by the Chair of the Planning Board that the application is complete, whichever last occurs.
	(d)	Planning Board as lead agency under SEQRA; public hearing; notice; decision.
		(i)	Public hearing on preliminary plats. To the extent feasible, the Planning Board public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA, as follows:
			(1)	If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall commence within 45 days after the receipt of a complete preliminary plat application; or
			(2)	If the Planning Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat shall commence within 60 days after the issuance of a negative declaration or the acceptance of the final environmental impact statement in accordance with the provisions of SEQRA.
		(ii)	Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in the Village official newspaper at least 14 days before the commencement of such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board at such time as the Planning Board shall determine that all interested persons have been heard or given an opportunity to be heard.
		(iii)	Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat within 62 days after the closing of the public hearing.
		(iv)	Grounds for decision. The grounds for a modification, if any, or for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.
	(e)	Planning Board not as lead agency under SEQRA; public hearing; notice; decision.
		(i)	Public hearing on preliminary plats. With the consent and agreement of the lead agency, the Planning Board may hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Absent such agreement or consent, or if no public hearing is held on the draft environmental impact statement, the Planning Board shall commence the public hearing on the preliminary plat within 45 days after receipt of a complete preliminary plat.
		(ii)	Public hearing; notice. The hearing on the preliminary plat shall be advertised at least once in the Village official newspaper at least 14 days before the commencement of such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board at such time as the Planning Board shall determine that all interested persons have been heard or given an opportunity to be heard.
		(iii)	Decision. The Planning Board shall by resolution approve with or without modifications, or disapprove, the preliminary plat within 62 days after the close of the public hearing.
		(iv)	Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form.
	(f)	Certification and filing of preliminary plat. Within 10 business days after the adoption of a resolution granting approval of such preliminary plat, with or without conditions, such plat shall be certified by the Village Clerk as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner, and also to any person who has filed a request for such copy together with a postage prepaid addressed mailing envelope.
	(g)	Filing of decision on preliminary plat. Within 10 business days after the date of the adoption of the resolution stating the decision of the Planning Board on the preliminary plat, the Chair or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.
	(h)	Revocation or lapse of approval of preliminary plat. Within six months after the adoption of a resolution approving a preliminary plat, with or without conditions, the owner must submit the plat in final form. If the final plat is not submitted in such form within such six months, or within such longer period of time as may be authorized by the Planning Board upon written application, the approval of the preliminary plat shall lapse and expire.
6.	Approval of final plats.
	(a)	Submission of final plats. Final plats shall conform to the definition provided by this section.
	(b)	Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat within 62 days of its receipt by the clerk of the Planning Board.
	(c)	Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the final environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion, except that when an agency other than the Planning Board is the lead agency for SEQRA review, the time periods shall not begin until certification by the Planning Board Chair that the application is complete.
	(d)	Final plats not in substantial agreement with approved preliminary plats; or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided by this section the following shall apply:
		(i)	Planning Board as lead agency; public hearing; notice; decision.
			(1)	Public hearing on final plats. The time within which the Planning Board shall commence a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA, as follows:
				(a)	If such board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, or on a final plat when no preliminary plat is required to be submitted, shall commence within 62 days after the receipt of a complete final plat by the clerk of the Planning Board; or
				(b)	If such board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly commencing within 62 days after the filing of the notice of completion of such draft environmental impact statement. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall commence within 62 days following receipt of the complete final plat application.
			(2)	Public hearing; notice. The hearing on the final plat shall be advertised at least once in the Village official newspaper at least 14 days before the commencement of such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board at such time as the Planning Board shall determine that all interested persons have been heard or given an opportunity to be heard.
			(3)	Decision. The Planning Board shall make its decision on the final plat within 62 days after the conclusion of the public hearing.
			(4)	Grounds for decision. The grounds for a modification, if any or the grounds for disapproval shall be stated upon the records of the Planning Board.
		(ii)	Planning Board not as lead agency; public hearing; notice; decision.
			(1)	Public hearing. With the consent and agreement of the lead agency, the Planning Board may hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Absent such agreement or consent, or if no public hearing is held on the draft environmental impact statement, the Planning Board shall commence the public hearing on the final plat within 45 days after receipt of a complete final plat.
			(2)	Public hearing; notice. The hearing on the final plat shall be advertised at least once in the Village official newspaper at least 14 days before the commencement of such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon determination by the Planning Board that all interested persons have been heard or given an opportunity to be heard.
			(3)	Decision. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such final plat within 62 days after the close of the public hearing on the final plat.
7.	Approval and certification of final plats.
	(a)	Certification of plat. Within 10 business days after adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner, and to such other persons who shall have requested such copy and provided a postage-paid mailing envelope. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board and a copy of such signed plat shall be filed with the Village Clerk.
	(b)	Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
	(c)	Duration of conditional approval of final plat. Conditional approval of the final plat shall lapse and expire within 180 days after the adoption of the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend for periods of not more than 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
8.	Default approval of preliminary or final plat. Notwithstanding any other provision of law, no preliminary or final plan shall be deemed approved upon default, or under any other circumstance other than the affirmative vote of a majority of the Planning Board in favor of a resolution to grant such approval.
9.	Filing of decision on final plat. Within 10 business days after the date of the adoption of the resolution stating the decision of the board on the final plat, the Chair or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.
10.	Notice to county planning body or agency or regional planning council, or other state or local agency.
	(a)	When a county planning body or agency or a regional planning council has been authorized to review subdivision plats pursuant to § 239-n of the General Municipal Law, the Village Clerk or other authorized officer of the Village shall refer all applicable preliminary and final plats to such county body or agency or regional planning council as provided in that section.
	(b)	When any other state or local government agency is entitled pursuant to state law to notice of an application for approval of a subdivision plat, the Village Clerk or other authorized officer of the Village shall provide such notice to each other such agency.
11.	Filing of final plat; expiration of approval.
	(a)	The owner shall file in the office of the county clerk or register such approved final plat or a section of such plat within 62 days after the date of final approval, or such later date as may be authorized by determination of the Planning Board upon written application. In the event such timely filing does not occur, such approval shall lapse and expire.
	(b)	For the purposes of this section, the following shall constitute final approval:
		(i)	The signature of the duly authorized officer of the Planning Board certifying final approval by the Planning Board of a plat as herein provided; or
		(ii)	The approval by the Planning Board of the development of a plat or plats already filed in the office of the county clerk or register of the county in which such plat or plats are located if such plats are entirely or partially undeveloped.
In the event the owner shall file only a section of such approved plat in the office of the county clerk or register, the entire approved plat shall be filed within 30 days of the filing of such section with the Village Clerk in each village in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Village Law § 7-708.
12.	Subdivision abandonment. The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law or any other applicable State law.

[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

In no case shall the failure of the Planning Board to act upon any application within any specified period of time constitute or be deemed to constitute an approval of the said application. Any such approval may be made only by the affirmative vote of a majority of the members of the Planning Board.