[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Harbor 10-9-1952 as Part II, Ch. 2, of Ord. No. 32.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 17.
Board of Building Design — See Ch. 21.
Bulkheads — See Ch. 25.
Environmental quality review — See Ch. 45.
Excavations — See Ch. 49.
Freshwater wetlands — See Ch. 65.
Development of hazardous lands; landfill; floods — See Ch. 75.
Plumbing and sewers — See Ch. 109.
Streets — See Ch. 125.
Zoning — See Ch. 145.
[1]
Editor's Note: Originally adopted 3-13-1941
as part of Ord. No. 15; readopted 10-9-1952 by Ord. No. 32.
[Amended 7-8-2004 by L.L. No. 2-2004[1]]
A.
The Planning Board heretofore established is hereby
continued.
B.
After the effective date of this amendment, it shall
consist of five members.
C.
They shall annually appoint from their own number
a Chairman and a Secretary.
D.
They shall serve without pay.
E.
A quorum shall consist of three members.
F.
The concurring vote of a majority of the entire Board
shall be necessary for a decision.
G.
Up to two alternate members of the Planning Board
shall be appointed by the Village Mayor or other duly appointing authority,
for a term of two years.
H.
The Chairperson of the Planning Board may designate
an alternate to substitute for a member when such member is unable
to participate on a application or matter before the Board. If two
alternate members are appointed, the Chairperson shall rotate the
designation of alternate members (unless one of the alternate members
is absent or unable to participate 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.
I.
All provisions of state law relating to Planning Board
member eligibility, vacancy in office, removal, compatibility of office
and service on other boards, as well as any provisions of a local
law or local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
J.
Use of alternate members is hereby authorized for,
but not limited to, situations when members are ill, members are on
extended vacation, or members who have a conflict of interest on a
specific matter before the Board.
[1]
Editor's Note: This local law also stated
that it was adopted pursuant to the provisions of § 10 of
the NYS Municipal Home Rule Law and § 10 of the NYS Statute
of Local Governments and that it is the intent of the Board of Trustees,
pursuant to § 10 of the NYS Municipal Home Rule Law, to
supersede the provisions of § 7-718 of the Village Law relating
to the appointment of members to the Village Planning Board.
The Master Plan or map, by whatsoever name known,
heretofore adopted by the Planning Board of the Village of Hewlett
Harbor, and all maps, plans and subdivision plats heretofore adopted
by the Planning Board of the Village of Hewlett Harbor, which amend,
modify or supplement the Master Plan or map so adopted, shall constitute
the Master Plan of the Village of Hewlett Harbor.
No subdivision shall be made of land within
the Village or within 300 feet of the boundaries of the Village and
no map, plat or plan of any proposed subdivision thereof shall be
approved by the Planning Board except in conformity with all of the
regulations and provisions of this chapter.
No plat of a subdivision of land showing a new
street or highway shall be filed or recorded in the office of the
County Clerk of Nassau County until it has been approved by the Planning
Board and such approval is endorsed in writing on the plat.
No public sewer or other municipal street utility
or improvement shall be constructed in any street or highway until
it has been duly placed on the Official Map or Plan of the Village
of Hewlett Harbor.
No permit for the erection of any building or
structure shall be issued unless a street or highway giving access
to such proposed building or structure has been duly placed on the
Official Map or Plan of the Village of Hewlett Harbor.
No owner and no agent of the owner of any land
located within a subdivision in the Village of Hewlett Harbor shall
transfer or sell or agree to sell or negotiate to sell any land by
reference to or exhibition of or by other use of a plat of a subdivision
unless and until such plat has been approved by the Planning Board
as provided in this chapter and recorded or filed in the office of
the County Clerk of Nassau County, and the description of such lot
or parcel by metes or bounds in the instrument of transfer or other
documents used in the process of selling or transferring shall not
exempt the transaction from such penalties or from the remedies provided
by this chapter.
All applications for approval by the Planning
Board must be in writing and must be submitted to the Village Clerk
in duplicate and must consist of the following papers, which will
in no case be returned to the applicant:
A.
Request for the approval of the Planning Board, stating
precisely what action by the Board is desired.
B.
Map, plat or plan in respect to which approval is
requested.
C.
Affidavit or certificate of ownership of the land
affected, stating the name of the owner of record thereof.
D.
If the applicant is not the owner of record, proof
must be presented showing the authority of the applicant to make the
application and to make the affidavits or certificates hereinbefore
required.
E.
The fee provided by Chapter A149, Fees of this Code.
[Amended 5-12-1960 by Ord. No. 64; 7-11-1985 by L.L. No. 3-1985]
All maps, plats or plans must be in form to
be recorded in the office of the Clerk of Nassau County.
Maps, plats or plans shall be drawn to scale
and shall show the boundaries of the property affected and the courses
and distances of such boundaries. They shall show the location of
all proposed streets and shall give the courses and distances of the
lines thereof. They shall show the location of existing streets and
shall indicate with reasonable certainty the location of connecting
streets on other property. They shall show the location of existing
buildings and other structures, ponds, watercourses and other natural
or physical features. They shall show the proposed lot development
and shall indicate with reasonable certainty the location of the front,
side and rear lines of the lots and the approximate area of each lot.
They shall show existing streets laid out on the Master Plan of the
Village, as amended. They shall show any other features which the
Board may require in individual cases.
So far as practicable, all principal streets
shall be not less than 50 feet in width. No proposed street shall
be less than 40 feet in width, except in cases of hardship, in which
case, for special cause shown, the Planning Board may, by unanimous
vote, authorize a street of a width of less than 40 feet.
So far as practicable, all proposed streets
shall be located in direct continuation of existing streets or in
direct continuation of proposed streets shown on the Master Plan of
the Village.
[Amended 5-14-1959 by Ord. No. 57]
No culs-de-sac or dead-end streets are permitted.
In so far as practicable, all streets shall
intersect at right angles. Where streets intersect at other than right
angles, provision shall be made for rounding off the acute angles
of such intersections. The radius on the property line shall not be
less than 20 feet.
The Planning Board may require easements not
exceeding 10 feet in width on each side of all rear lot lines and
on side lot lines, when necessary, or, in the opinion of the Planning
Board, advisable for storm or sanitary sewers or utility lines. Easements
of the same or greater width may be required along the lines of or
across lots where necessary for the extension of the existing or planned
storm or sanitary sewers and other utility lines.
Every plan shall show the location of proposed
electric lighting conduits and other systems, the location and size
of proposed water mains, gas mains and incidental structures and shall
indicate whether it is proposed to connect with public sewers or to
construct cesspools or septic tanks or other means for the disposal
of sewage.
[Amended 2-9-2006 by L.L. No. 2-2006]
The grades of all streets shall be shown, and
the location of proposed drains, culverts, catch basins or other means
for the disposition of surface water. Street grades shall be not less
than 1/2 of 1% at the gutter.
A.
For preliminary subdivision plat add: stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of §§ 145-36.2 and 145-36.3 shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 145-36.3. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 145, Article III-A, Stormwater Management.
B.
For final subdivision plat approval add: stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of §§ 145-36.2 and 145-36.3 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 in § 145-36.3. The approved final subdivision plat shall be consistent with the provisions of Chapter 145, Article III-A.
All maps, plats or plans shall show the location
of any proposed sanitary sewers, together with the size of pipe and
incidental structures, all of which shall conform with the existing
comprehensive sewage disposal plan of Sanitation District No. 2 of
the County of Nassau.
All applications shall show the type of pavement
proposed on each street and any sidewalks which may be proposed to
be constructed, all of which shall conform with the minimum Village
specifications.
The subdivision of the land shall be such as
to provide each lot, by means of either a public street or way or
permanent easement or proposed street, with satisfactory access to
an existing public highway or Village parkway or to a thoroughfare
as shown on an Official Map or Master Plan. There shall be no reserve
strips controlling access to streets unless control of such strips
is irrevocably placed in the Village under conditions approved by
the Planning Board.
In lieu of the completion of any improvements
and installation of utilities prior to the final approval of the map,
plat or plan, the Planning Board may require a bond with a surety
satisfactory to the Board as surety thereon, to secure to the Village
the actual construction and installation of such improvements or utilities
or other features at a time and according to approved Village specifications
or, in case there are no such specifications, according to specifications
approved by the Board.
A.
Approval or disapproval of a map, plat or plan as
provided by the Nassau County Charter shall be expressed by the Planning
Board within 30 days after the submission thereof to the Planning
Board; otherwise, such plat shall be deemed to have been approved;
provided, however, that the applicant for approval may waive this
requirement and consent to an extension of such period.
B.
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 45 days from and after the time of the submission
of the plat for approval; otherwise such plat shall be deemed to have
been approved; provided, however, that the applicant for approval
may waive this requirement and consent to an extension of such period.
C.
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 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 45 days, shall
expire 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 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 indicating the existence of such conditions
and the place where such conditions may be found.
No permit shall hereafter be issued for any
buildings in the bed of any street or highway shown or laid out on
the Master Plan of the Village of Hewlett Harbor; provided, however,
that if the land within such mapped street or highway is not yielding
a fair return on its value to the owner, the Board of Appeals shall
have power by a vote of a majority of its members to grant a permit
for a building or structure or part thereof in any such mapped street
or highway location which will as little as practicable increase the
cost of opening such street or highway or tend to cause the least
change of such Official Map or Plan, and the Planning Board may impose
reasonable requirements which shall inure to the benefit of the Village.
Before taking any action authorized by this section, the Board of
Appeals shall hold a public hearing to which parties in interest and
others shall have an opportunity to be heard.
Upon the filing of any application, the Village
Clerk shall arrange for a time and place at which the Planning Board
will meet to consider the application and shall cause notice of such
public hearing to be published and posted in accordance with law.
He shall also cause notice of such application to be served either
personally or by mail upon the owners or occupants of all property
shown upon any such map or plat or plan and any other property lying
within 500 feet thereof or which the Clerk shall deem affected by
the application. The Planning Board may, in its discretion, require
the giving of additional notice and, for such purpose, may adjourn
the public hearing.
At the public hearing, citizens and persons
in interest will have an opportunity to be heard, and the names and
addresses of all persons recorded in connection with such application,
together with the substance of their views, shall be entered in the
minutes of the Board.
In all cases where the proposed map, plat or
plan fails to follow the rules and regulations hereinbefore stated,
proof shall be presented of the reasons for such deviation, and exception
shall be granted by the Board only in cases of unnecessary hardship
and in conformity with the general purposes of the Master Plan of
the Village.
[Added 12-10-2009 by L.L.
No. 4-2009]
No parcel of land within the Village located in any of the Village
districts may be subdivided unless each of the parcels that remain
after the subdivision is a minimum of one acre (43,560 square feet)
and meets all of the requirements set forth in the Code of the Village
of Hewlett Harbor.
A.
The exception to this section is § 145-27A, whereby an entire waterfront lot abutting that portion of Albon Road between Seawane Drive and Everit Avenue listed in the tax rolls of the County of Nassau and the Village of Hewlett Harbor may be sold to a resident of the Incorporated Village of Hewlett Harbor. No subdivision of these individual waterfront lots is permitted immediately upon enactment of this section.
