Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedures. There are two steps:
A. 
Preliminary layout.
B. 
Subdivision plat.
A. 
Discussion of requirements. Before preparing the preliminary layout, the applicant may discuss with the Planning Board, or its representative, the requirements for reservations of land, street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The applicant should also discuss the preliminary layout with the State Health Department whose approval is required by this chapter, and which must eventually approve any subdivision plat coming within its jurisdiction. In the case of land within 300 feet of Village boundaries, the subdivider should also consult with such other Planning Boards as have jurisdiction under Section 1610 of the County Government Law of Nassau County.[1]
[1]
Editor's Note: The Nassau County Government Law is also known as the "Nassau County Charter.”
B. 
Application procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary layout. The application shall:
(1) 
Be made on forms available at the office of the Village Clerk.
(2) 
Include all land which the applicant proposes to subdivide.
(3) 
Be accompanied by three copies of the preliminary layout, as described in § 66-17 of this chapter.
(4) 
Comply in all respects with Article III of this chapter and with the provisions of the Zoning Ordinance of the Village, except where a modification may be specifically authorized by the Zoning Board of Appeals.[2]
[2]
Editor's Note: See Ch. 80, Zoning.
(5) 
Be presented to the Chairman of the Planning Board.
(6) 
Be accompanied by a fee in an amount as set from time to time by resolution of the Board of Trustees. If the applicant subsequently elects not to file an application for approval of a subdivision plat, 1/2 of the fee shall be returned.
[Amended 10-13-1975 by L.L. No. 15-1975; 7-24-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
Be accompanied by a recreation fee of 3% of the market value of the proposed lots, as appraised by a real estate broker approved by the Board of Trustees, with the appraisal charge to be deducted from the 3% fee; provided, however, that such recreation fee shall not be applicable in the case of:
[Added 10-13-1975 by L.L. No. 15-1975]
(a) 
The movement of a property line between existing structures when such movement does not create another possible building lot within the zoning requirements applicable to that area.
(b) 
Resubdivision of smaller property lots that creates larger size lots which are in excess of the zoning regulations applicable to the area.
(8) 
Be accompanied by clerical fees and attorneys' fees, in an amount determined by the Planning Board, sufficient to defray the costs of clerical and legal services rendered. The applicant shall deposit with the Village Clerk-Treasurer an amount estimated to defray such costs. Any amount remaining after payment to the Clerk of the Planning Board and the Village Attorney for services rendered shall be returned to the applicant upon attainment of final approval or in the event said application is withdrawn.
[Added 9-12-1977 by L.L. No. 7-1977]
(9) 
Notice and referral to other agencies and neighboring municipalities shall be in compliance with General Municipal Law §§ 239-l through 239-n and 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Applicant to attend Planning Board meeting. The applicant should then be prepared to meet with the Planning Board to discuss the preliminary layout.
D. 
Study of preliminary layout. The Planning Board will carefully 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 will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot size and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Village Plan and the Official Map, as they may be adopted.
E. 
Required changes for tentative approval. After discussion of the preliminary layout, the Planning Board will advise the applicant, in writing, of the specific changes it will require in the layout, and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the subdivision plat. This shall constitute tentative approval of the preliminary layout.
A. 
Application procedure. Within six months of the tentative approval of the preliminary layout, the applicant shall file with the Planning Board an application for approval of a subdivision plat. The application shall:
(1) 
Be made on forms provided by the Planning Board at the time of tentative approval of the preliminary layout.
(2) 
Include the entire subdivision, or a section thereof which derives access from a street on the Official Map, which street is improved to Village standards, or for which street a bond covering such improvement is held by the Village.
(3) 
Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in § 66-18 of this chapter.
(4) 
Comply in all respects with the preliminary layout as tentatively approved.
(5) 
Be presented to the Chairman of the Planning Board at least two weeks prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required five days' notice given.
B. 
Official submittal date. The subdivision plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion of the application procedure outlined above.
C. 
Required endorsements.
(1) 
Endorsement of State Department of Health and Public Districts. Proposed water supply and sewerage service facilities in the subdivision shall be approved by the New York State Department of Health, pursuant to § 1116 of the Public Health Law, and by any water, water supply, drainage improvement or sewer district having jurisdiction. Application for approval of plans for water supply and sewerage facilities may be filed with the Nassau County Department of Health. Endorsement of approval shall be obtained by the subdivider and submitted to the Board with the application for approval of the subdivision plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Endorsement of Commissioner of Public Works. Pursuant to § 334-a of the Real Property Law, the Board will not consider approval of a subdivision plat unless the Commissioner of Public Works of Nassau County has approved plans for grades of streets shown on such map, and the drainage thereof. In the event that separate and distinct plans for grading and drainage are required by the said Commissioner, a copy of such plans shall be submitted to the Board with the application for approval of a subdivision plat.
(3) 
Approval by other planning authorities. Pursuant to Section 1610 of the County Government Law of Nassau County, the planning authority of each incorporated Village adjacent to the Incorporated Village of Bayville and the Nassau County Planning Commission where adjacent territory is unincorporated, have the power and authority to approve plats within the Village and within 300 feet of the boundary thereof. When a proposed subdivision lies wholly or partially within 300 feet of the Village boundaries, the subdivider shall obtain the approval of the planning authority of the adjacent incorporated Village and/or of the unincorporated territory, as the case may be, before the Board approves the subdivision plat.
D. 
County Official Map notification. The Planning Board will also, if the county has established a County Official Map, notify the Nassau County Planning Commission, and the County Superintendent of Highways or the Commissioner of Public Works, if the subdivision plat proposes structures or new streets having frontage on, access to or is otherwise directly related to any county road, existing or proposed, as shown on the County Official Map. The County Planning Commission reports to the Planning Board within 30 days on its approval or disapproval or on its approval subject to stated conditions of the proposed subdivision plat. The plat may be approved by the municipality subject to stated conditions, notwithstanding such report, when the application of such report will act to deprive the owner of the reasonable use of his land.
E. 
Public Hearing. Before the Planning Board acts on any subdivision plat, it shall hold a public hearing thereon, in accordance with § 7-728 of the Village Law of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
Action on proposed subdivision plat. After careful study, the Planning Board shall, within 62 days from the official submittal date of the subdivision plat, approve, modify or disapprove such plat in compliance with all requirements of Village Law § 7-728. The grounds for disapproval of any plat shall be stated on the records of the Planning Board. A subdivision plat shall not be signed by the authorized officers of the Planning Board until the applicant has met all the conditions of the action granting approval of such plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
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. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
H. 
Signing of the plat.
(1) 
Every subdivision plat submitted to the Board for its approval shall carry the following endorsement:
Approved by resolution of the Planning Board of the Village of Bayville, New York, on the ______ day of ____________, 20____, 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 ____________, 20____, by
________________________
Chairman
_______________________
Secretary
(2) 
In the absence of the Chairman or Secretary, the Acting Chairman or Acting Secretary respectively may sign in his place.
(3) 
If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map, or in cases where the plat fronts on, or has access to or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Commission in the manner specified by the General Municipal Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Improvements and performance/payment bond. Prior to an action by the Planning Board approving a subdivision plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate Village departments, all the street, sanitary and other improvements specified in the action approving said plat, or, as an alternative, to file with the Village Board a bond in an amount estimated by the Planning Board to secure to the Village the satisfactory construction and installation of and payment for the uncompleted portion of the required improvements. A period of one year, or such other period as the Planning Board may determine appropriate, within which required improvements must be completed, shall be specified by the Planning Board and expressed in the bond. Such performance/payment bond shall comply with the requirements of § 7-730 of the Village Law, and shall be satisfactory to the Village Board as to form, sufficiency and manner of execution. The bond shall provide that an amount determined adequate by the Planning Board shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition. All required improvements shall be made by the applicant at his expense without reimbursement by the Village or any district therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Inspection of improvements. The Village shall employ an inspector to act as an agent of the Planning Board for the purposes of assuring the satisfactory completion of improvements required by the Planning Board, and shall determine an amount sufficient to defray the costs of inspection. The applicant shall pay the Village costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
C. 
Utilities. As to utilities required by the Planning Board, the Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved construction detail sheets.
D. 
Monuments. Permanent monuments shall be set at block corners and at intervals of approximately 500 feet, or such other distance as the Planning Board may determine appropriate, and their location shall be shown on the subdivision plat. Iron pipes shall not be considered permanent monuments for the purpose of this chapter.
E. 
Offers of cession and releases. The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of cession to the Village shall be presented prior to plat approval. Formal offers of cession to the Village of all streets and parks not marked on the plat with a notation to the effect that such cession will not be offered shall be filed with the Planning Board prior to plat approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon completion of all requirements set forth in the action approving the subdivision plat, the plat shall be properly signed by the appropriate officers of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed within 62 days of the date of Planning Board signature shall become null and void.
For a resubdivision, the same procedure, rules and regulations shall apply as for a subdivision.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Village of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.