Whenever any subdivision of land is proposed within the territorial jurisdiction of the Board and before any permit for the development of such land or for the erection of a structure thereon will be granted, the subdividing owner or his authorized agent shall apply for and secure approval of the proposed subdivision in accordance with these regulations. Three principal steps are involved, namely:
A. 
Preapplication procedure.
B. 
Procedure for conditional approval of preliminary layout.
C. 
Procedure for approval of subdivision plat.
A. 
Previous to the filing of an application for conditional approval of the preliminary layout, the subdivider shall meet with the authorized representative of the Board to discuss his sketch plan, which shall comply with the requirements of § 158-34, and the requirements for improvements and public facilities and services. This step does not require formal application, fee or filing of the plat with the Board.
B. 
The purpose of the preapplication procedure is to afford the subdivider an opportunity to consult early and informally with the Board's representative before preparation of the preliminary layout and before formal application for its approval, in order to save time and unnecessary expense.
C. 
Before preparing a sketch plan or attending the initial conference, the subdivider should familiarize himself with the regulations, standards and requirements contained herein. It is recommended that the subdivider discuss with the Village's authorized representative the requirements as to general layout of streets, lots and reservations and similar matters and, with the Engineer of the Village, street improvements, drainage, sewerage, water and like matters, as well as the availability of existing services. 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.
D. 
The subdivider should also consult with parties potentially interested with him or with the ultimate users of the development with a view to reaching, at this initial stage, firm conclusions regarding the market demand, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan and the arrangement of streets, lots and other features of the proposed development.
[Amended 9-11-2000 by L.L. No. 3-2000; 4-10-2007 by L.L. No. 1-2007]
A. 
Application and fee. If the subdivider shall request the consideration of the Board of a preliminary layout, 10 copies of the preliminary layout, which shall in all respects comply with these regulations, shall be presented to the Village Clerk at least 10 days prior to the meeting of the Board at which it is requested to be considered. The preliminary layout shall be accompanied by a fee, payable to the Village of Muttontown, in the amount appearing in the fee schedule established by the Village Board. Upon receipt of the preliminary layout and payment of the fee, the Village Clerk shall forthwith deliver the preliminary layout to the Board.
B. 
Stormwater pollution prevention plan (SWPPP). A SWPPP consistent with the requirements of Chapter 57 (Stormwater Management and Erosion and Sediment Control) shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 57. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 57.
C. 
Study of preliminary layout. It is recommended that the subdivider or his representative attend the Board meeting when the preliminary layout is considered. The Board will study the practicability of the preliminary layout, taking into consideration the requirements of Article III.
D. 
Staking of proposed streets and field trip. To facilitate study of the preliminary layout in the field, the Board may require the subdivider to stake certain roads at intervals of 50 feet along their center lines. Each stake shall be marked for ready identification on the preliminary layout and shall show approximate height of proposed cut and fill at that point. The Board will schedule a field trip to the site of the proposed subdivision, which the subdivider should attend.
E. 
Action on preliminary layout. The Planning Board shall follow the procedures of Village Law § 7-728, Subdivision 5, to approve, approve with conditions or disapprove the preliminary layout.
F. 
Notation of action. The action of the Board shall be noted on two copies of the preliminary layout, referenced and attached to any changes or conditions required. One copy shall be returned to the subdivider and the other copy retained by the Board.
G. 
Effect of authorization. Authorization shall be deemed a tentative approval of the design submitted on the preliminary layout as a guide to the subdivider in the preparation of the subdivision plat.
[Amended 9-11-2000 by L.L. No. 3-2000; 4-10-2007 by L.L. No. 1-2007]
A. 
Subdivision plat requirements. The subdivision plat shall conform substantially to the preliminary layout as tentatively approved by the Board and to the requirements of § 158-37. If desired by the subdivider, the subdivision plat may constitute only that portion of the approved preliminary layout which he/she proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations and provided, further, that such portion abuts at least one street duly placed upon the Official Map, which street shall be improved to the satisfaction of the Board.
B. 
Stormwater pollution prevention plan (SWPPP). A SWPPP consistent with the requirements of Chapter 57 (Stormwater Management and Erosion and Sediment Control) 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 of Chapter 57. The approved final subdivision plat shall be consistent with the provisions of Chapter 57.
C. 
Number of copies and time for submitting application. Ten copies of the subdivision plat, together with 10 copies of the construction plans and all other items required by these regulations, shall be prepared as specified in § 158-37 and shall be submitted to the Board within six months after the date of authorization of preparation of the subdivision plat. Otherwise, such authorization shall expire unless an extension of time is applied for and granted, in writing, by the Board.
D. 
Application and submission date. Application for approval of the subdivision plat shall be submitted by the owner or by his duly authorized agent, in writing, to the Board at least 10 days prior to the meeting at which it is to be considered. The subdivision plat shall be deemed to be officially submitted on the date of the meeting of the Board at which the subdivider shall have submitted the required application, together with the subdivision plat, construction plans and all other items required by these regulations, including formal offers of cession in form as required by § 158-31B.
E. 
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.
F. 
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 endorsed on the plat a statement that he/she has approved the plans for grades of the streets shown on such map and the drainage thereof. In the event that separate and distinct plans for grading and drainage are required by said Commissioner, a copy of such plans shall be submitted to the Board with the application for approval of the subdivision plat.
G. 
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 Village of Muttontown 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.
H. 
Action on subdivision plat. The Planning Board shall follow the procedures of Village Law § 7-728, Subdivision 6. to approve, approve with conditions or disapprove the subdivision plat.
I. 
Revision of subdivision plat. The subdivider will be given a copy of the Board's resolution and, in the event that modifications are required, he/she shall revise the subdivision plat and construction plans to conform thereto.
A. 
Performance bond. See § 158-25.
B. 
Signing of subdivision plat. After completion of the final subdivision plat for recording and of construction plans in accordance with the Board's resolution, the original tracing and two prints of each shall be submitted to the Board for final review within the time specified in said resolution. Approval of the subdivision plat shall be endorsed thereon as follows:
(1) 
When a bond is filed. Approval of the plat shall be endorsed thereon after the bond has been approved and filed and all of the conditions of the Board's resolution pertaining to the plat have been satisfied.
(2) 
When no bond is filed. Approval of the plat shall be endorsed thereon after all conditions of the Board's resolution have been satisfied and all required improvements completed to the satisfaction of the Board.
C. 
Number of copies to be signed. Approval of the Board will be noted on the plat, and the Chairman and Secretary of the Board or, in the absence of the Chairman, the Vice Chairman will sign the tracing cloth original of the subdivision plat, which will be returned to the subdivider, and one print of the plat, which will be retained by the Board.
D. 
Filing plat with County Clerk. In accordance with the Village Law, the approved subdivision plat shall be filed by the subdivider with the Nassau County Clerk, Division of Land Records, within 62 days of the date of signing. The approval of any plat not so filed shall expire 62 days from the date of signing by the Board.
[Amended 9-11-2000 by L.L. No. 3-2000]
E. 
Submission of copies of filed maps. The subdivider shall submit two copies of the subdivision plat, containing the endorsement of the Nassau County Clerk, to the Secretary of the Board within 30 days of the date of filing.
F. 
Plat void if revised after signature. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been granted 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. Any erasures made on a plat prior to its signing shall be initialed by the Chairman or Vice Chairman of the Board at the time of signing.
A. 
Application for approval. The procedure for approval of a partitioning and/or the development thereof, as defined herein, shall be the same as that for a subdivision. In cases where the Board finds, after study of the sketch plan, that the proposed lots would each front on a street duly placed on the Official Map, which street is improved to the satisfaction of the Board, and would meet the lot size requirements of Chapter 190, Zoning, and the objectives of these regulations and that such lots would not be directly related to a drainageway, as defined in § 158-8, the Board may waive the requirements for submission and approval of a preliminary layout and authorize the subdividing owner to prepare a subdivision plat for approval of the Board and for recording upon fulfillment of the requirements of the applicable sections of these regulations and the conditions stipulated in such waiver and authorization, if any.
[Amended 9-11-2000 by L.L. No. 3-2000]
B. 
Waiver of filing. See § 158-39.
The procedure for approval of the development, as defined in § 158-8, of a plat entirely or partially undeveloped and which has been filed in the office of the Clerk of Nassau County prior to the appointment of the Board and the grant to such Board of authority to approve plats shall be the same as that for a subdivision, pursuant to § 7-728 of the Village Law.