[HISTORY: Adopted by the Board of Trustees
of the Village of Lawrence 1-9-1939 by Ord. No. 92; amended in its entirety 5-25-1942 by Ord. No.
106. Amendments noted where applicable.]
[Amended 4-13-1988 by L.L. No. 5-1988]
The Planning Board heretofore established shall
be continued and shall have all of the powers and duties provided
by the Village Law, the General Municipal Law and the Nassau County
Charter (Chapter 879 of the Laws of 1936, as amended) and any other
general or special statutes, ordinances, local laws, rules and regulations,
now or hereafter in force.
The Master Plan or Map, by whatsoever name known,
heretofore adopted by the Planning Commission of the Village of Lawrence,
and all maps, plans and subdivision plats heretofore adopted by the
Planning Commission or the Planning Board of the Village of Lawrence,
amending, modifying or supplementing the Master Plan or Map so adopted,
shall constitute the Master Plan of the Village of Lawrence.
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 endorsed, in writing, on the plat.
A.
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 Lawrence.
B.
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 Lawrence.
No owner and no agent of the owner of any land
located within a subdivision 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, before 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.
A.
All applications for approval by the Planning Board
must be in writing and must be submitted to the Village Administrator
in triplicate and must consist of the following papers, which will
in no case be returned to the applicant:
[Amended 4-13-1988 by L.L. No. 5-1988]
(1)
A request for the approval of the Planning Board,
stating precisely what action by the Board is desired.
(2)
The map, plat or plan in respect to which approval
is requested.
(3)
An affidavit or certificate of ownership of the land
affected, stating the name of the owner of record thereof.
(4)
Stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 177, Article I, and Chapter 212, Article VI, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 212, Article VI. The approved preliminary subdivision plat shall be consistent with the provisions of this L.L. No. 2-2014.[1]
[Added 5-8-2014 by L.L. No. 2-2014]
B.
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.
[Added 2-14-1977 by L.L. No. 1-1977]
An application for a subdivision under Chapter 212, Zoning, § 212-11, shall be reviewed by the Planning Board, which shall approve or deny such application. No permit for the erection, renovation or repair of any building or structure shall be issued for any building lot created as the result of a subdivision pursuant to § 212-11 where the application for such subdivision has been denied by the Planning Board.
All maps, plats or plans must be in a form to
be recorded in the office of the Clerk of Nassau County.
[Added 2-14-77 by L.L. No. 1-1977]
An application for subdivision under Chapter 212, Zoning, § 212-11, shall be reviewed by the Planning Board, which shall give consideration to the following factors:
A.
Whether the lots created by the proposed subdivision
conform to the district regulations of the residence district in which
the property is located as to lot area and front, side and rear yards.
B.
The geometrical regularity of the proposed building
lots.
C.
Whether the proposed subdivision is in keeping with
the general character of the neighborhood in which the property is
located.
D.
Availability of public sewers and other utilities
to the property.
E.
The effect of the proposed subdivision on adjacent
properties.
Maps, plats or plans shall be drawn to scale
and shall show the boundaries of the property affected and the courses
anti 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.
No proposed street shall be less than 50 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 50 feet.
Insofar 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.
In case of dead-end streets, provision shall
be made at the terminus thereof for the convenient turning of vehicles
by way of a circle of not less than 70 feet in diameter or a Y or
other adequate means.
Insofar 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 be not less than
10 feet.
The Planning Board may require easements, not
exceeding six feet in width, on each side of all rear lot lines and
on side lot lines where necessary or, in the opinion of the Planning
Board, advisable for storm and sanitary sewers and other 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 and sanitary sewers and other utility lines.
Every plan shall show the location of proposed
electric lighting and telephone poles or conduits, 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 and septic tanks or other means for the
disposal of sewage.
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 not be less
than 1/2 of one percent at the gutter.
All maps, plate 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 to the existing
comprehensive sewage disposal plan of the Village of Lawrence.
All applications shall show the type of pavement
proposed on each street and the sidewalks, when such improvements
are proposed to be constructed.
The subdividing 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 to a thoroughfare, as shown on an Official
Map or Master Plan. There shall be no reserve strips controlling access
to streets, unless the control of such strips is definitely placed
in the Village under conditions approved by the Planning Board.
In lieu of the completion of any improvements
and utilities prior to the final approval of the map, plat or plan,
the Planning Board may require a bond, with a surety company satisfactory
to the Board, as surety thereon to secure to the Village the actual
construction and installation of such improvements or utilities at
a time and according to specifications approved by the Board.
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.
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.
[Amended 4-13-1988 by L.L. No. 5-1988]
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
Administrator 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 thereof indicating the existence of
such conditions and the place where such conditions may be found.
No permit shall hereafter be issued for any
building in the bed of any street or highway shown or laid out on
the Master Plan of the Village of Lawrence; 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 the power, by a vote of a majority of its members, to grant a
permit for a building or structure or part thereof located in any
such mapped street or highway 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 at which parties
in interest and others shall have an opportunity to be heard.
[Amended 4-13-1988 by L.L. No. 5-1988; 2-14-2008 by L.L. No.
2-2008]
A.
Upon the filing of any application, the Village Administrator
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, plat or plan and any other property lying within 500
feet thereof or which the Administrator 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.
B.
Such Planning Board shall appoint a Secretary who
need not be a member of the Board and may be compensated.
At the public hearing, citizens and parties
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 deviations, and exception
shall be granted by the Board only in case of unnecessary hardship
and in conformity with the general purposes of the Master Plan of
the Village.
