[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville 7-13-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Appeals — See Ch. 4.
Fees and deposits — See Ch. 112.
Subdivision of land — See Ch. 180.
Zoning — See Ch. 205.
The following subdivisions of § 7-718 of the Village Law, as last amended by Chapter 663, Section 3, of the Laws of 1992, are hereby amended in their application to the Village of Upper Brookville as follows:
§ 7-718 Planning Board; creation, appointment.
1.
Authorization. The Board of Trustees of each Village is hereby authorized by local law to create a Planning Board consisting of five or seven members. Members and the Chairperson of such Planning Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees. The Board of Trustees may, as part of the local law creating said Planning Board, provide for the compensation of Planning Board members. In approving such appointments, the Board of Trustees may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Planning Board of the Village is hereby continued.
3.
Persons eligible for appointment. No person who is a member of the Village Board of Appeals shall be eligible for membership on such Planning Board. Only one member of the Board of Trustees may be eligible and serve as a member of such Planning Board.
[Amended 7-15-2003 by L.L. No. 2-2003]
The following subdivisions of § 7-725-a of the Village Law, as last amended by Chapter 458 of the Laws of 1997, are hereby amended in their application to the Village of Upper Brookville as follows:
§ 7-725-a Site plan review.
2.
Approval of site plans. (a) The Village Board of Trustees may, as part of a local law adopted pursuant to this article or other enabling law, authorize an officer, the Planning Board or such other administrative body that it shall so designate, to review and approve, approve with modifications or disapprove site plans, prepared to specifications set forth in the local law and/or in regulations of such authorized board or other administrative body. If such local law provides for review and approval by an officer, it shall provide that the decision of such officer may be appealed to the designated planning board or such other administrative body by an aggrieved person. Site plans shall show the arrangement, layout and design of the proposed use of the land on said plan. The local law shall specify the land uses that require site plan approval and the elements to be included on plans submitted for approval. The required site plan elements which are included in the local law may include, where appropriate, those related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified by the Village Board of Trustees in such local law.
6.
Reservation of parkland or open space for conservation purposes on site plans containing residential units.
(a)
Before such authorized board may approve a site plan containing residential units, such site plan shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes or open space for conservation purposes ("open space areas").
(b)
Land for park, playground or other recreational purposes or open space areas may not be required until the authorized board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes or open space purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities or open space areas in the Village based on projected population growth and water conservation and environmental needs to which the particular site plan will contribute.
(c)
In the event that the authorized board makes a finding pursuant to Paragraph (b) of this subdivision that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes or open space areas but that a suitable park or parks or open space areas of adequate size to meet the requirements cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Board of Trustees. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities or open space areas, as well as practical factors, including whether there is a need for additional facilities in the Village. Any moneys required by the authorized board in lieu of land for park, playground or other recreational purposes or open space areas, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes or open space areas, including the acquisition of property.
(d)
Notwithstanding the foregoing provisions of this subdivision, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the authorized board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
The following subdivision of § 7-725-b of the Village Law, as last amended by Chapter 694, Section 4, of the Laws of 1992, is hereby amended in its application to the Village of Upper Brookville as follows:
§ 7-725-b Approval of special use permits.
4.
Conditions attached to the issuance of special use permits. The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permits, including performance and maintenance bonds or other security, to ensure compliance with the conditions. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
The following subdivisions of § 7-730 of the Village Law, as last amended by Chapter 727, Section 6, of the Laws of 1992, are hereby amended in their application to the Village of Upper Brookville as follows:
§ 7-730 Subdivision review; approval of plats; additional requisites.
4.
Reservation of parkland on subdivision plats containing residential units.
(a)
Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes or open space for conservation purposes.
(b)
Land for park, playground or other recreational purposes or open space for conservation purposes ("open space areas") may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks or open space be suitably located within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular subdivision plat will contribute and water conservation, wildlife preservation and environmental protection needs of either the Village, adjacent community and region for open space areas.
(c)
In the event that the Planning Board makes a finding pursuant to Paragraph (b) of this subdivision that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes or open space areas but that a suitable park or parks or open space areas of adequate size to meet the requirements cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Board of Trustees. In making such determination of suitability, the Board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities or open space areas as well as practical factors, including whether there is a need for additional facilities in the Village. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes or open space areas pursuant to the provisions of this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes or open space areas, including the acquisition of property.
(d)
In the alternative to requiring parks or open space areas, the Planning Board may require, subject to the provisions of § 247 of the General Municipal Law, the granting of an open space easement to the Village for any space or area on the plat characterized by natural scenic beauty or whose existing natural condition or present state, if retained, would enhance the present or potential value of neighboring properties or enhance the conservation of natural or scenic resources and habitat.
9.
Performance bond or other security.
(a)
Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements as above provided and the costs of the Village relating thereto, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a Village department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the Village by the owner.
(b)
Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in Subdivision 7(b) of § 7-728 of this article, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or Register or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or Register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
[Amended 9-19-2000 by L.L. No. 1-2000]
(c)
Form of security. Any such security to cover the estimated cost of public-type improvements and all Village expenses, including engineering and legal expenses, relating thereto ("improvement expenses") must be provided pursuant to a written security agreement with the Village, approved by the Board of Trustees and also approved by the Village Attorney as to form, sufficiency and manner of execution, and shall be limited to: (i) a cash deposit and a performance bond issued by a bonding or surety company; provided, however, that the Planning Board may not require a cash deposit in excess of 25% of the total estimated improvement expenses; (ii) the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state; (iii) an irrevocable letter of credit from a bank located and authorized to do business in this state; (iv) obligations of the United States of America; or (v) any obligations fully guaranteed as to interest and principal by the United States of America having a market value at least equal to the full cost of such improvement expenses. If not delivered to the Village, such security shall be held in a Village account at a bank or trust company.
(d)
Term of security agreement. Any such performance bond or security agreement shall provide that the improvements shall be installed within a period fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the provisions of such performance bond or security agreement may be modified by the Planning Board with consent of the parties thereto to extend the period in which such improvements shall be installed. If the Planning Board shall decide at any time during said period that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Board of Trustees, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
(e)
Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the period provided for in such performance bond or security agreement, the Board of Trustees may thereupon declare said performance bond or security agreement to be in default and collect the sum remaining payable thereunder, and, upon the receipt of the proceeds thereof, the Village shall install such improvements as are covered by such security.
[Added 9-19-2006 by L.L. No. 3-2006]
A. 
Subdivision 16 of § 7-718 of the Village Law, which section was last amended by Chapter 662 of the Laws of 2002, is hereby superseded and amended in its application to the Village of Upper Brookville to read, in part, as follows:
§ 7-718 Planning Board; creation; appointment.
16.
Alternate members.
a.
A Village Board of Trustees may, by local law or as a part of the local law creating the Planning Board, establish alternate Planning Board member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest or is otherwise absent. Alternate members of the Planning Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for terms established by the Village Board of Trustees.
b.
The Chairperson of the Planning Board may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest or is otherwise absent on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
c.
All provisions of this section relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members.
B. 
Pursuant to § 7-718, Subdivision 16, of the Village Law as amended above, the Board of Trustees of the Incorporated Village of Upper Brookville hereby establishes two positions of alternate members to the Planning Board, each position to have a one-year term.
[Added 12-18-2012 by L.L. No. 4-2012]
A. 
Purpose.
(1) 
The Incorporated Village of Upper Brookville is concerned with protecting the environment, particularly the Special Groundwater Protection Area, and the preservation of the natural and scenic qualities of available open and undeveloped land. To this purpose, the Village hereby empowers the Planning Board under § 7-738 of the Village Law of the State of New York to modify applicable provisions of the Village's Zoning regulations for the purpose of approving development design that preserves the natural and scenic qualities of open space. Flexibility of development design of land can be the most effective way to preserve open space, while allowing for development of land in the Village, all without increased residential density.
(2) 
The Oaks at Mill River, LLC, owner of a parcel of land of 97.16 acres situated on the west side of Mill River Road, designated as Section 24, Block E, Lots 6, 11, 12A, 12B, 12C, 16, 25, and 1060 on the Nassau County Land and Tax Map ("the premises"), applied to the Planning Board to subdivide its property. The Planning Board, as part of its requirement that a draft environmental impact statement (DEIS) be prepared for the project, has determined that due to the steep slopes, natural water collection areas, and other natural characteristics of the premises and its surroundings that conventional subdivision of the premises would result in: a) the undesirable destruction of native woodland and precious animal habitat; b) over cutting and filling of land which would produce undesirable and excessive traffic, dust, noise and hazards during construction; and c) the creation of undesirable and harmful drainage, erosion and hazardous runoff conditions, all to the detriment to the residents of the Village and the surrounding areas. The potential detrimental consequences of these adverse and undesirable conditions resulting from a conventional subdivision provide sufficient reason to authorize the Planning Board to require the owner of the premises to utilize procedures allowed by § 7-738 of the Village Law as conditioned herein. The Board of Trustees and Planning Board have also determined that the procedures under § 7-738 of the Village Law would permit consideration and implementation of flexible land utilization and design concepts, which will enable the use of beneficial planning, design and development techniques in order to preserve the natural and unique attributes of the premises in harmony with the Village's Zoning Regulations and Comprehensive Plan, all in compliance with the density requirements of the Village's Zoning Code.[1]
[1]
Editor's Note: See Ch. 205, Zoning.
B. 
Planning Board authorization.
(1) 
The Board of Trustees of the Incorporated Village of Upper Brookville, pursuant to § 7-738 of the Village Law of the State of New York, authorizes the Village Planning Board simultaneously with its approval of a subdivision application to modify applicable provisions of the Zoning Code as permitted by § 7-738 of the Village Law for the below-designated premises, subject to the conditions set forth herein.
(2) 
The authorization granted in Subsection B(1) above shall include the power to:
(a) 
Require the owner of the premises to develop the premises as permitted by § 7-738 of the Village Law having any of the following criteria: steep slopes, freshwater wetlands, native woodland, animal habitat and other environmentally sensitive characteristics in order to prevent the destruction thereof on and adjacent to the premises in order to protect the environment; and
(b) 
Modify dimensional zoning requirements, including lot area, building volume, building height, setback, land coverage, lot dimensions, street frontage, etc., subject to the following limitations:
[1] 
All lots and structures shall be subject to and developed only for the establishment of a single-family detached dwelling and customary accessory uses and in a manner not less restrictive than the area, yard, dimensional (except frontage) and bulk requirements of § 205-10, Subsections D and E, of the Code of the Village of Upper Brookville applicable to the R-1 (two-acre) Residence District.
[2] 
The authorization under this section, shall apply only to lands located and designated as Section 24, Block E, Lots 6, 11, 12A, 12B, 12C, 16, 25, and 1060, as shown on the Nassau County Land and Tax Map which are located in the Village's OP-1 (five-acre) District, provided that the Planning Board, in its sole judgment and discretion, determines that conservation or open space subdivision development is the most appropriate alternative as herein provided.
(3) 
The Planning Board is not authorized by this section to approve an increase in the number of dwelling units or the change or intensity in the use of land from that which would be permitted if the premises were subdivided, for conventional development in the Planning Board's judgment, in conformity with the Subdivision Rules and Regulations[2] and the Zoning Code.[3]
[2]
Editor's Note: See Ch. 180, Subdivision of Land.
[3]
Editor's Note: See Ch. 205, Zoning.
(4) 
In its approval of the subdivision application under this section, the Planning Board shall:
(a) 
Establish such conditions and requirements for the premises for the development of individual lots and for the ownership, use and maintenance of open land ("conservation area") as it deems necessary to insure the preservation of such land for its intended purpose as permitted by § 247 of the General Municipal Law and Article 49, Title 3, of the Environmental Conservation Law. It is hereby required that such conditions as to any conservation area be approved by the Board of Trustees before the plat may be approved for filing.
(b) 
Have the power to approve, disapprove or modify site plans and the exterior architectural design, materials, construction and appearance of all structures and their location, subject to the limitations in Subsection B(2) above, to insure that all structures are compatible with the character of the Village and will not have an adverse affect on neighboring properties.
(c) 
Be authorized to negotiate and require an agreement with the owner of the premises in regard to the protection and restoration of Village infrastructure relating to the project, which agreement shall be subject to the approval of the Board of Trustees.
(d) 
Be authorized to utilize the services of planning consultants, engineers, architects, attorneys and such other outside consultants as that Board deems necessary in order to provide the necessary expertise in review of such conservation or open space development plan and to require the owner of the premises to pay the reasonable cost of same.