A. 
Approval or disapproval of a map, plat or plan showing new streets as provided by § 7-728 of the Village Law shall be expressed within forty-five (45) days from and after the time of the submission of the plat for approval, unless such time shall be extended by the applicant or his agent, in which case such approval or disapproval shall be expressed within the period of time as so extended; otherwise, such plat shall be deemed to have been approved.
B. 
Any map, plat or plan which might lawfully be submitted under statutes providing different periods of time for approval or disapproval by the Planning Board shall be deemed to have been submitted under the statute providing the longest time for such approval or disapproval.
The approval by the Planning Board of a plat showing one (1) or more new streets or highways or the certificate of the Village Clerk as to the date of the submission of such plat and the failure of the Planning Board to take action thereon within the time required shall expire ninety (90) days from the date of such approval or of such certificate, unless within such ninety-day period such plat shall have been duly filed or recorded by the owner in the office of the County Clerk of Nassau County. The Planning Board may, however, fix a longer period of time than ninety (90) days and may from time to time extend such time without a further public hearing; and in such case the approval of the Planning Board shall expire unless such plat shall have been filed as aforesaid within the period of time so fixed or so extended.
The approval or disapproval of a map, plat or plan and any other action taken by the Planning Board and any terms or conditions imposed upon such approval or disapproval or action shall be entered in the minutes of the Board. The approval or disapproval shall be endorsed upon the face of each copy of the map, plat or plan submitted, and where conditions are imposed, such conditions shall either be endorsed upon the face of such map, plat or plan or other reference placed upon the face thereof indicating the existence of such conditions and the place where such conditions may be found; but the omission of such statement or endorsement shall not void the validity or effect of the terms and conditions so imposed.
[Added 1-8-1991 by L.L. No. 2-1991]
A. 
Section 7-730 of the Village Law is hereby amended in its application to the Village as follows: § 7-730 Subdivision review; approval of plats; additional requisites
(1) 
Before the approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of the development of a plat entirely or partially undeveloped and which has been filed in the office of the Clerk of the county wherein such plat is situated prior to the appointment of such Planning Board and the grant to such Board of the power to approve plats, such plat or plan of proposed development shall also show, in proper cases and when required by the Planning Board and approved by the Board of Trustees, a park or parks suitably located for playground or other recreation purposes or conservation areas (for the protection of flora, fauna, trees and wildlife), provided that such parks or conservation areas do not exceed ten percent (10%) of the area of the site shown on the plat. In the alternative to requiring parks or conservation 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 openness, 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. Such open space easement may cover an area in excess of ten percent (10%) of the area of the development site, provided that its economic effect on the subdivision does not diminish the value thereof by an amount more than that which would result if ten percent (10%) of the buildable area of the site shown on the plat were dedicated for park purposes. If the Planning Board determines that a suitable park or parks of adequate size can not be properly located in any such plat or is otherwise not practical or that the establishment of a conservation area or the granting of an open space easement is not feasible due to the physical characteristic of the property or that the size of the park or conservation area or the area of the open space easement is less than the maximum amount that could be required, the Board may require, as a condition to approval of any such plat, a payment to the Village of fees to be determined by the Board of Trustees by resolution or local law, which fees shall constitute a trust fund to be used by the Board of Trustees exclusively for Village-owned parks, playground, recreation, conservation and open space purposes, including the acquisition of land. The fees required by the Board of Trustees shall not exceed five percent (5%) of the fair market value of the development site at the time of approval. A fee schedule may be established to provide that where the size of parks or conservation areas or the area covered by an open space easement are less than the maximum amount that could be required, that the fees shall be less than the fees required in cases where no parks, conservation areas or open space easements are established. In approving such plats, the Planning Board shall require that the streets, highways and driveways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings and to be coordinated so as to compose a convenient system conforming to the Official Map and properly related to the proposals shown by the Planning Board on the Master Plan; that the land shown on such plats shall be of such a character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that the plots shown on said plat shall at least comply with the requirements of the Village zoning ordinances and regulations; that suitable monuments have been placed at such block corners and other necessary points as may be required by the Board and the location thereof is shown on the map or such plat; and that the parks, conservation areas or open space areas shall be of reasonable size for Village playgrounds or other recreation and conservation uses; that all streets or other public places shown on such plats shall be suitably graded and paved and that sidewalks, streetlighting standards, curbs, curb cuts, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, water mains, sanitary sewers and storm drains shall be installed all in accordance with standards, specifications and procedures acceptable to the appropriate Village departments except as hereinafter provided or, alternatively, that a performance bond and cash deposit sufficient to cover the full cost of the same at the expected time of installation and all unpaid Village expenses relating thereto as estimated by the Planning Board or other appropriate Village departments designated by the Planning Board shall be furnished to the Village by the owner; provided, however, that the amount of cash deposit to be provided shall not exceed twenty-five percent (25%) of the total estimated cost of said public improvements and all Village expenses relating thereto. The term "cash deposit" shall mean the deposit of cash, securities, letters of credit or other readily negotiable instruments approved by the Village Attorney. Any interest earned on said cash deposit shall inure to the benefit of the subdivider. Said bond and cash deposit shall be used to ensure satisfactory completion and maintenance of required public improvements until they are accepted by the municipalities or agencies having jurisdiction thereof, to ensure compliance with the Planning Board decision approving the plat and to cover the cost of Village engineering inspection and legal fees necessary to enforce any default thereunder. Upon satisfactory completion of all of the aforesaid requirements, the bond shall be canceled and the cash deposit or remaining balance thereof shall be returned to the owner. The Planning Board may also waive, subject to appropriate conditions and guarantees, for such period as it may determine, the provision of any or all such improvements as, in its judgment of the special circumstances of a particular plat or plats, are not requisite in the interest of the public health, safety and general welfare. In the event that the owner shall be authorized to file the approved plat in sections as provided in Subdivision 7 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 posting of a performance bond and cash deposit covering the cost 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 performance bond and cash deposit covering the cost of such improvements is posted. Such performance bond shall be issued by a bonding or surety company approved by the Board of Trustees, and such performance bond shall also be approved by the Village Attorney as to form, sufficiency and manner of execution. Such performance bond shall run and such cash deposit shall be held for a term to be fixed by the Planning Board, but in no case for a longer term than three (3) years; provided, however, that the term of such performance bond and cash deposit may be extended by the Planning Board with the consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or cash deposit that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond and cash deposit or that required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said bond or cash deposit or that the character and extent of such development required additional improvements previously waived for a period stated at the time of fixing the original terms of such bond and cash deposit, the Planning Board may modify its requirements for any or all such improvements, and the face value of such performance bond and cash deposit shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board, and any security deposited with the bond and cash deposit may be reduced or increased proportionately. In the event that any required improvements have not been installed as provided in this section within the term of such performance bond and cash deposit, the Village Board may thereupon expend so much of the cash deposit necessary to complete the required improvements and declare said performance bond 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 required and are covered by such performance bond and cash deposit, but not exceeding in cost the amount of such proceeds. In making such determination regarding streets, highways, parks and required improvements, the Planning Board shall take into consideration the prospective character of the development.
B. 
Any action or decision of the Village Planning Board, prior to the enactment of this chapter, requiring the posting of a cash bond is hereby ratified and approved.
[Added 6-9-2009 by L.L. No. 2-2009]
An approved stormwater management pollution prevention plan (SWPPP) consistent with the requirements of Chapter 137, Stormwater Management and Erosion and Sediment Control, shall be required for preliminary and final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 137, Stormwater Management and Erosion and Sediment Control. The approved subdivision plat shall be consistent with the provisions of Chapter 137, Stormwater Management and Erosion and Sediment Control.