The purpose of subdivision review is to protect
the Village through ensuring the adequacy of the streets, sewers,
water supply and other essential services. Toward this end, subdivision
review shall include, but need not be limited to, the public health,
safety and welfare; street width and grade; adequacy of light and
air; facilitation of fire protection and access of fire-fighting equipment
to buildings; vehicular and pedestrian traffic and circulation; adequacy
of utility, drainage and garbage facilities; and appropriate screening
through landscaping.
As used in this article, the following terms
shall have the meanings indicated:
A local street with only one outlet that terminates in a
vehicular turnaround and having an appropriate terminal for the safe
and convenient reversal of traffic movement.
The map of a subdivision to be recorded after approval by
the Planning Board.
The adjustment, relocation, alteration or change of one or
more existing property lot lines, provided that such adjustment, relocation,
alteration or change does not involve or result in:
[Added 9-22-2003 by L.L. No. 9-2003;
amended 5-1-2014 by L.L. No. 4-2014]
Any new street or road;
Creation of any new lot or result in a number of lots greater
than the number of lots which lawfully exist prior to the proposed
relocation, alteration or change;
The creation of any lot which does not conform to the requirements
of the zoning district in which it is located;
Any increase in the degree or extent of any existing nonconformity
of or on any existing lot;
Creation of any circumstance which would constitute a violation
of any applicable zoning regulation;
The extension of municipal water or sewer facilities; or
The installation of drainage improvements through one or more
lots to serve one or more other lots.
The Planning Board of the Incorporated Village of Rockville
Centre.
The preliminary drawing or drawings prepared in a manner
prescribed by this article that shows 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 required by this article.
The division of any parcel of land into three or more lots,
blocks or sites, with or without streets or highways, for the purpose
of a sale, transfer of ownership, or development, or the division
of any parcel of land into two lots, blocks or sites when that division
would result in a new street or road, or the extension of water or
sewer municipal facilities, or the installation of drainage improvements
through one or more lots to serve one or more other lots. A transfer
of property between adjacent property owners that does not create
an additional lot and does not reduce the size of any existing lot
area, dimension or setback below the minimum requirement for the zoning
district in which the property is located shall not be considered
a subdivision within the meaning of this chapter.
[Amended 9-22-2003 by L.L. No. 9-2003]
[Amended 9-22-2003 by L.L. No. 9-2003; 6-2-2014 by L.L. No. 6-2014]
A.
No land may be subdivided without the approval of the Planning Board,
in accordance with the provisions of this article. The Planning Board
may waive required submissions, as set forth in this article, when
the Superintendent of Buildings and the Village Engineer determine
that compliance is unnecessary for the comprehensive review of the
proposed subdivision. In addition, the Planning Board may require
additional information that it determines to be necessary to its review.
B.
Where subdivision review is required, no building permit or certificate
of occupancy shall be issued by the Superintendent of Buildings, except
upon authorization of and in conformity with the subdivision approval.
C.
In all cases where a variance or special exception or special use
permit is required, the applicant shall first obtain a variance from
the Zoning Board of Appeals, or a special use permit from the appropriate
reviewing board, before proceeding with subdivision review.
D.
Planning Board approval is not required when the Building Department has issued a written determination that the proposed development is a minor subdivision, as defined in § 330-19.
E.
Where authorized to do so pursuant to New York Real Property Law
§ 334-a, the Planning Board may, but shall not be required
to, exercise its discretion to grant a waiver as provided in that
statute.
(1)
The Planning Board shall not grant any such waiver unless notice
of any meeting where such waiver application is considered or acted
upon has been given as required by law, and has been posted on the
Village's website. Such notice shall include information sufficient
to advise the public that such waiver application is to be considered
and shall identify the street address of the subject property.
(2)
Nothing in this Subsection E shall be construed as requiring the Planning Board to grant any such waiver application where it determines that the application does not conform to the legal requirements to qualify for such waiver, or where it determines that the waiver or the proposed subdivision would be inappropriate, improper, or not in the public interest.
(3)
The Board of Trustees may from time to time in its discretion, by
resolution, establish or amend a schedule of fees for applications
for waiver.
A.
Administrative review by the Superintendent of Buildings
and Village Engineer.
(1)
Presubmission of a sketch plan to the Building Department.
Prior to a formal submission to the Building Department, the applicant
shall meet with a representative of the Building Department to review
a sketch plan of the proposed subdivision. The sketch plan will show
the following:
(2)
The Superintendent of Buildings will refer the sketch
plan to the Village Engineer, who will address all engineering issues,
and also refer the plan for comment to any Village department head
that is relevant to the review of the sketch plan.
B.
Approval by the Nassau County Planning Commission.
Prior to submitting its application to the Building Department, the
proposed subdivision must be approved by Nassau County, unless the
applicant provides the Building Department with a no-jurisdiction
letter from the Nassau County Planning Commission.
C.
Formal submission.
(1)
Preliminary plat. A preliminary plat, as defined in § 330-19, will be prepared by a New York State registered or licensed professional, which includes an architect, engineer or professional planner. The preliminary plan shall be submitted to the Superintendent of Buildings and the Village Engineer, who will review the plan and prepare recommendations on all engineering issues including, but not limited to, streets and cul-de-sac dimensions, sewage, water, drainage, electric, traffic, circulation and fire protection access that are included in or affected by the plan. In addition, the Village Engineer will refer the proposal to any Village department heads relevant to the review of the submission for recommendations on all subdivision issues included in or affected by the plan.
(2)
Final plat. When required by the Planning Board, the
final plat will be submitted to the Planning Board for its approval
at the completion of a public hearing. The submission of the final
plat shall include the following:
D.
Fees.
(1)
All submissions for subdivision approval shall be
accompanied by a fee, as established by the Board of Trustees, to
compensate the Village for its costs of planning, design, environmental
and engineering review.
(2)
Such fees do not cover the cost of the Village's review
of an environmental assessment form (EAF) or an environmental impact
statement (EIS), if an EIS is determined to be necessary. The applicant
shall be responsible for the total cost of any environmental review
that is determined by the Superintendent of Buildings, the Village
Engineer or the Planning Board to be necessary to meet the requirements
of the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
E.
Required submissions for subdivision review. Required
submissions to be provided, prior to referring an application to the
Planning Board for a public hearing:
(1)
An application for subdivision review shall not be
accepted by the Village and shall not be referred to the Planning
Board for a public hearing until the Superintendent of Buildings determines
it to be complete, in accordance with the provisions of this chapter.
(2)
Completeness. No application shall be deemed complete
unless it meets the information requirements listed in this section,
and unless it is accompanied by an environmental assessment form (EAF).
(3)
Required information.
(a)
The following information must be submitted
with an application for subdivision review:
[1]
Subdivision review application on a form provided
by or approved by the Building Department.
[2]
The name and address of the applicant and licensed
professionals engaged to work on the project shall be shown. Where
the applicant or owner is a corporation, this shall include the names
and addresses of all officers, directors and principal stockholders.
[3]
Filing fee, as determined by the Board of Trustees.
[4]
Eight plot plans prepared by a licensed surveyor,
engineer, or architect, which will show the following:
[a]
For each lot, proposed setback from street line,
proposed side yards, proposed rear yard.
[b]
Proposed and existing elevations of the four
corners of the subject property and elevation of adjacent properties.
[c]
Location of driveways, curb cuts, roads and
pedestrian walkways.
[d]
All means of vehicular access and egress to
and from the subdivision onto public streets, and all provisions for
pedestrian access and circulation.
[e]
Any proposed streets and culs-de-sac, including
the width and grade.
[f]
Location and size of any required dry well.
[g]
Location and size of all existing trees.
[h]
Location of light poles, fire hydrants, etc.
[i]
Computation of area covered by all structures
to be shown on the plot plan.
[5]
Certified survey of the property to be subdivided
that has been prepared no more than one year prior to submission.
[6]
Eight copies of a radius map, which will include
the following information:
[a]
Radius map from tax maps showing all lots within
a radius of 200 feet from all corners of the property in question,
designating section, block, lot(s), street addresses, size of lot
and name of the owner of each parcel within said radius.
[b]
Existing school, zoning and special district
boundaries.
[7]
If applicable, setback from the street line
of all dwellings on the same side of the street within the same block
of the proposed dwelling, computation to include a drawing of the
average setback of all dwellings on the same side of the street within
the same block.
[8]
Reservations, easements and areas to be dedicated
to public use, if any.
[9]
Existing site conditions, which will include
the location of existing buildings and, if applicable, water bodies,
floodplains, and floodplain boundaries as determined by the Federal
Emergency Management Agency, watercourses, marshes, rock outcrops,
wooded areas, existing vegetative cover, single trees with a diameter
of eight inches or more measured three feet above the base of the
trunk, and other significant existing features on the site. This submission
shall include a report on any trees in excess of eight inches that
have been removed within a twelve-month period prior to the subdivision
application, along with a tree replacement plan that conforms to Village
Engineer requirements.
[10]
If this building plot is a split-off from an
existing plot with dwelling, submit eight surveys of the existing
dwelling and all structures showing side yards, front yard, rear yard,
and area of land covered.
[11]
The extent and amount of cut and fill for all
disturbed areas, including before-and-after profiles and cross section
of typical development areas, parking lots and roads, and including
any erosion and sedimentation control plan, if applicable.
[12]
Lines and dimensions of all property offered,
or to be offered, for dedication for public use, indicating the purpose
of all property that is proposed to be served by deed covenant for
the common use of the property owners of the development.
[13]
Any park to be developed for a playground or
other recreational purpose.
[14]
Estimated project construction schedule and
completion date, after all requisite approvals have been obtained.
[15]
Identification of any federal, state or county
permits required for project execution.
[16]
Record of application for approval status of
all necessary permits from federal, state and county officials.
[17]
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
[18]
Existing contours with intervals of two feet
or less, referred to Village of Rockville Centre datum and showing
at least one bench mark.
[19]
The location of existing water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
[20]
All proposed lots, easements and public and
community areas; all proposed streets with profiles indicating grading
and cross sections showing width of roadway, location and width of
sidewalk and location and size of utility lines according to the standards
and specifications established or approved by the Village Engineer
of the Village of Rockville Centre.
[21]
A traffic study, if required by the Superintendent
of Buildings or the Village Engineer.
(b)
Any other information that may be required by
the Superintendent of Buildings or Village Engineer.
A.
Report on completed application. Every referral by the Superintendent of Buildings to the Planning Board for action on an application for subdivision review shall be accompanied by a report prepared by the Superintendent of Buildings, the Village Engineer and any Village department head who has reviewed the formal submission. The report will state that the application is complete, in accordance with the requirements of § 330-17, and shall include requirements and recommendations with regard to the proposed plat plans, subdivision development and SEQRA that address the information included in the required submissions set forth in § 330-21E(3).
[Amended 11-29-2004 by L.L. No. 9-2004]
B.
Scheduling of public hearing.
(1)
Upon the provision of the report to the Planning Board,
the application shall be scheduled for a public hearing, in accordance
with New York State Village Law § 7-728. The public hearing
will be scheduled to review the preliminary plat plan, in accordance
with § 7-728(5).
(2)
At the conclusion of the public hearing, the Planning
Board has the option to either convert the preliminary plat plan into
a final plat plan or to direct the developer to prepare a final plat
plan, for review at an additional public hearing, in accordance with
§ 7-728(6). Prior to exercising its option to convert the
preliminary plat plan into a final plan, the Planning Board shall
take into consideration any comments from the public and the Superintendent
of Buildings and the Village Engineer in making this determination.
C.
Compliance with State Environmental Quality Review
Act (SEQRA). For its review of any subdivision, the Planning Board
shall comply with the provisions of the State Environmental Quality
Review Act under of the Environmental Conservation Law and its implementing
regulations and shall conduct and complete its SEQRA review in coordination
with commencing the public hearing on the review of the plats, and
in accordance with New York State Village Law.
[Amended 11-29-2004 by L.L. No. 9-2004]
D.
Notice to property owners within the required radius.
The public hearing will not commence unless the applicant has provided
the Secretary of the Planning Board with the following:
(1)
Names and addresses of owners, using the section,
block, and lot(s) from required radius maps at the Village Tax Office.
(2)
Proof that notice, by certified mail, return receipt
requested, has been provided to all owners within the required two-hundred-foot
radius at least 10 days before the scheduled meeting date. The notice
to the owners must state the nature of the application, date of hearing,
location, and address of the property, to the satisfaction of the
Building Department.
(3)
Certified mail receipts given to the Secretary of
the Planning Board no later than two days before the date of the meeting.
A.
In reviewing an application for subdivision approval,
the Planning Board shall consider the requirements and recommendations
submitted by the Superintendent of Buildings and the Village Engineer,
as well as requirements and recommendations of any other Village department
head.
B.
The requirements and recommendations shall address
the following issues:
(1)
Relationship of and compatibility with the proposed
development to the surrounding neighborhood.
(2)
Ecological considerations, including the adequacy
of water supply, electrical power, preservation of trees, preservation
of topography, preservation of environmentally sensitive land, natural
resources, and tree replacement.
(3)
Adequacy of proposed sidewalks, streets and culs-de-sac,
including length, width and suitable grade, and the ability of proposed
streets to facilitate and provide access, ingress, egress and maneuverability
of fire-fighting equipment and waste collection vehicles.
(4)
Adequacy of proposed streets to create a safe vehicular
and pedestrian traffic system to mitigate the impact to adjacent properties
and to minimize the impact of off-site properties from traffic generated
by the development.
(5)
Adequacy of proposed streets to complement adjacent
street systems.
(6)
Adequacy of proposed design of streets to ensure that
they are of sufficient width and suitable grade and suitably located
to accommodate the prospective traffic.
(7)
Adequacy of storm drainage facilities, sanitary sewers
systems, waste disposal facilities, utility services, and water mains,
as determined by the Village Engineer or a New York State licensed
professional acceptable to the Planning Board, to ensure that the
lots that result from the subdivision can be adequately drained without
damaging neighboring properties.
(8)
Traffic impact on surrounding streets and on the Village
overall to ensure adequate access, visibility and safety.
(9)
Adequacy of on-site circulation, including but not
limited to the arrangement of vehicular traffic, ingress and egress,
driveway connections to public streets, intersections, road widths
and traffic control, with satisfactory access for emergency vehicles
and maintenance equipment.
(10)
On-site pedestrian and bicyclist circulation,
including but not limited to the separation of pedestrian traffic
from vehicular traffic, and locations of walkways and intersections.
(11)
Provision of parkland or recreation area.
(12)
Conformance to local comprehensive plan, local
zoning and land use controls.
(13)
Compliance with County Department of Health
and Department of Public Works requirements.
(14)
Compliance with New York State Department of
Transportation requirements, where applicable.
A.
Required referrals, decisions, notice of decision, and filing of decision will be made in accordance with New York State Village Law § 7-728(7), (9) and (11), and will include findings of fact pertaining to the general standards set forth in § 330-23B(1) through (14).
B.
The Planning Board shall act by written resolution
to approve, disapprove, or approve with modifications the subdivision
plans. A resolution of either approval or approval with modifications
shall include Planning Board authorization to the Planning Board Chair
to stamp and sign the site plan upon the applicant's compliance with
the submission requirements stated therein.
[Amended 11-29-2004 by L.L. No. 9-2004]
C.
If the Planning Board's resolution includes a requirement
that modifications be incorporated in the subdivision plan, conformance
with the modifications shall be considered a condition of approval
and shall be satisfied prior to signing of the subdivision.
D.
If the subdivision is disapproved, the Planning Board's
resolution shall state specific reasons for such decision. The reasons
must be based upon professional standards and may not be based upon
generalized community opposition to a particular project.
E.
Upon approval or approval with modifications, the
Superintendent of Buildings shall issue the appropriate permit if
the project conforms to all other applicable requirements.
F.
Upon disapproval, the Planning Board shall inform
the Superintendent of Buildings, in writing, who shall not issue a
building permit for the proposed use or action.
G.
Failure on the part of the Planning Board to act within
the time limits set forth in New York State Village Law § 7-728(6)
and (7) shall be deemed to constitute approval, unless the time limit
is extended by stipulation with the applicant.
A.
Submission requirements for stamping. After receiving
approval from the Planning Board, with or without modifications, the
applicant shall, within six calendar months, submit prints of the
approved subdivision plan to the Planning Board for stamping and signature
by the Planning Board Chair. The subdivision plan submitted for stamping
shall conform strictly to the subdivision plan approved by the Planning
Board, except that it shall further incorporate any revisions or other
modifications required by the Planning Board's resolution.
B.
Effect of stamping by the Planning Board. Upon stamping
and signature by the Planning Board Chair, the Planning Board shall
forward a copy of the approved subdivision plan to the Superintendent
of Buildings and the applicant.
A.
A statement shall be placed on all subdivisions approved
by the Planning Board to the effect that the owner agrees to comply
with the plan and all conditions noted thereon. The installation of
required site improvements (all roads, paved areas, drainage, utilities,
outdoor lighting, open space and recreation, landscaping and screening,
including planting) that affect public property and are an integral
part of the approved plan may be guaranteed by cash, performance bond
or other acceptable guaranty approved by the Board of Trustees and
the Village Attorney. In the event that a satisfactory guaranty is
not provided within 90 calendar days of the date of the resolution,
the subdivision approval will be null and void. A guaranty of the
improvements shall be for 100% of the cost of improvements. The cash,
performance bond or other acceptable guaranty shall be conditioned
on the property owner's or developer's completing the work as set
forth on the approved subdivision in a manner satisfactory to the
Planning Board, and upon the proper functioning of the improvements
for a period of one calendar year from their completion.
B.
In case of default, the guaranty shall be forfeited.
The Village shall use the amount to complete any incomplete portion
of the said work or to make sure repairs are undertaken as are necessary
to assure the proper functioning of the improvements. If any amount
of money remains after the Village has completed the work, any excess
money will be returned to the surety or the person putting up the
required deposit. The installation of all improvements shall be under
the direct supervision of a New York State registered or licensed
professional.
C.
To obtain a building permit, an applicant shall provide
to the Superintendent of Buildings proof of acceptance of the guaranty
by the Village Board. No part of the guaranty shall be released until
all of the requirements of subdivision approval have been met, including
the construction and completion of all site improvements, and their
inspection and approval by the Village.
[Amended 11-29-2004 by L.L. No. 9-2004]
A.
Legislative intent. The Village of Rockville Centre
(Village) finds that the provision of parkland and recreation facilities
in conjunction with the development of multifamily uses or new homes
is necessary to meet the needs of its residents. Where it is not practical
for a particular development to provide parkland and recreational
facilities, it is in the best interest of the Village and its residents
to require funds to be paid to the Village to be used exclusively
for parks, playgrounds or recreation facilities, including the acquisition
of property.
B.
Before the Planning Board may approve a subdivision,
the subdivision plan shall also show, when required by such Board,
a park or parks suitably located for playground or other recreational
facilities.
C.
Land for park, playground or other recreational facilities
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreation facilities within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreation facilities in
the Village based on projected population growth to which the particular
subdivision will contribute.
D.
In the event the Planning Board makes a finding pursuant to § 330-27C that the proposed subdivision presents a proper case for requiring a park or parks suitably located for playgrounds or other recreation purposes, but that a suitable park or parks of adequate size cannot be properly located on such subdivision, the Planning Board may require a sum of money in lieu thereof, to be established by the Village Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of land shown on the subdivision that could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood or a need for improvements to or the acquisition of parks, playgrounds or other recreational purposes that may be used by the population of the particular subdivision. Any fee required by the Planning Board in lieu of land for park, playground or other recreation purposes or facilities pursuant to this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground and other recreational purposes, including the acquisition of property.
[Amended 11-29-2004 by L.L. No. 9-2004; 10-27-2008 by L.L. No. 11-2008]
A.
The fee for any subdivision application to the Planning
Board pursuant to the provisions of this chapter shall be at the level
fixed from time to time by resolution of the Board of Trustees of
the Village of Rockville Centre.
B.
In addition to any fees established pursuant to Subsection A hereof, the fee for subdivision applications to the Planning Board also shall include payment or reimbursement of reasonable costs incurred by the Planning Board for private engineering, environmental, planning and/or architectural consultants, or other private consulting services reasonably deemed necessary by the Planning Board, and other extraordinary expenses in connection with the review of a proposed subdivision. Such reimbursable costs shall be in addition to any other fees required. The applicant shall be required to provide an escrow deposit account at any time on or after the receipt of the application, in an amount sufficient to cover the anticipated costs for such consultant review and other expenses.
C.
The fees to be paid by the applicant shall also include
payment or reimbursement of the following costs:
(1)
Publication of legal notices for public hearings,
or other required legal notices;
(2)
Stenographic minutes and transcription of meetings
and hearings;
(3)
Any fees or costs for environmental review conducted
pursuant to the State Environmental Quality Review Act or the regulations
adopted pursuant thereto.
D.
Inspection of improvements. The Superintendent of
Buildings shall be responsible for the overall inspection of site
improvements, including coordination with the Village Engineer and
other local officials and agencies as may be appropriate. Reasonable
expenses incurred by the Village for inspections by the designated
Village Engineer or other appropriate professionals shall, in addition
to fees and costs associated with subdivision review, be reimbursed
to the Village by the applicant in accordance with the fee schedule
established by the Board of Trustees.
