[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 3-24-2003 by L.L. No. 1-2003. Amendments noted where
applicable.]
A.
The Village Board of Trustees shall act as the Village
Planning Board unless the Board determines that it shall establish
a separate Planning Board.
B.
It is the intent and purpose of the Board of Trustees
in adopting this chapter to grant the Planning Board the full authority
that is or may be granted by the New York State Village Law, including,
but not limited to, review and approval of proposed subdivisions.
C.
In the event that the Village Board determines that
a separate Planning Board shall be established, then the following
provisions shall apply:
(1)
No member of the Village Board of Trustees or a member
of the Board of Zoning Appeals shall be eligible for membership on
the Planning Board.
(2)
The Mayor shall appoint the five members and name
the Chairperson of the Planning Board, subject to the approval of
the Board of Trustees. In the absence of a Chairperson, the Planning
Board may designate a member to serve temporarily in that capacity.
(3)
Vacancy in office. If a vacancy shall occur other
than by expiration of term, the Mayor shall appoint a new member for
the unexpired term.
(4)
The terms of members of the Planning Board first appointed
shall be so fixed that the term of one member shall expire on the
noon of the first Monday of the following April. The terms of the
remaining members first appointed shall be so fixed that one term
shall expire at the end of each year thereafter on noon of the first
Monday of April. At the expiration of the term of each member first
appointed, a successor shall be appointed for a five-year term.
(5)
The Mayor shall have the power to remove, after a
hearing before the Board of Trustees, any member of the Planning Board
for cause. The hearing shall be on written notice to the member. At
the hearing, the member shall have the right to testify, offer evidence
and produce witnesses.
(6)
All regular or special meetings of the Planning Board
shall be held at the call of the Chairperson. A majority of the Board
may call a meeting without the consent of the Chairperson.
(7)
The Chairperson shall administer oaths and compel
the attendance of witnesses.
A.
All meetings shall be open to the public (excluding
executive sessions authorized by law), and notice thereof shall be
given in accordance with the requirements of the Open Meetings Law.
B.
No action shall be taken by the Planning Board without
a quorum of members present. A quorum shall consist of three members.
C.
The Planning Board shall maintain minutes of every
regular meeting or special meeting and shall include the names of
the persons appearing and addressing the Board, the findings and determinations
of the Board with the reasons therefor. The minutes shall be filed
in the office of the Village Clerk.
D.
Minutes of a public hearing shall be recorded stenographically,
by audiotape or by videotape.
E.
If a separate Planning Board is appointed, the Village
Board of Trustees may, by resolution, refer any matter to the Planning
Board for study and report to the Board of Trustees. Such references
may include development of a Comprehensive Plan, desirable planning
and development of specific areas of the Village, investigations,
maps, and any other related form of study and report as deemed appropriate
by the Village Board.
The general purpose of subdivision review under
this chapter is to guide the systematic development of the Village
while encouraging the provision of adequate facilities for housing,
the comfort and convenience of residents, ensuring the adequacy of
streets, sewers, water supply, and essential Village services. Toward
this end, subdivision review shall include, but need not be limited
to, the public health, safety and welfare; street width and grade;
adequacy of light and air; facilitation of fire protection and access
of fire-fighting equipment to buildings; intensity of land use; demands
upon Village services; the conditions and circumstances of surrounding
properties; vehicular and pedestrian traffic and circulation; adequacy
of utility, drainage and garbage services; and protection of the environment.
As used in this chapter, the following terms
shall have the meanings indicated:
A local street with only one entrance/outlet that terminates
in a vehicular turnaround.
The map of a subdivision to be recorded after approval by
the Planning Board.
The preliminary drawing or drawings prepared in a manner
prescribed by this chapter that shows the layout of a proposed subdivision,
including, but not limited to, road(s), and layout and location of
existing and proposed structures. The drawings shall include dimensions,
key plan, topography and drainage, locations of trees, locations of
all proposed facilities, including construction plans and profiles.
The division of any parcel of land into two or more lots
or parcels, with or without streets.
A.
No land may be subdivided without the approval of
the Planning Board in accordance with the provisions of this chapter.
B.
The Planning Board may waive required submissions,
as set forth in this chapter, when the Superintendent of Buildings
may determine that compliance is unnecessary for the comprehensive
review of the proposed subdivision. Alternatively, the Planning Board
may require additional information that it determines to be necessary
for its review.
C.
Where a subdivision review is required, no building
permit or certificate of occupancy shall be issued by the Superintendent
of Buildings except upon authorization of and in conformity with the
subdivision approval.
D.
In all cases where a variance is required, the applicant
shall first apply to the Planning Board for subdivision approval.
Any subdivision approval will be conditional upon the grant of necessary
variances by the Board of Zoning Appeals. In such conditional approval,
the Planning Board will include a written recommendation concerning
the proposed variance(s) pursuant to Village Law § 7-730(6).
A.
A preliminary plat, as herein defined, shall be prepared
by a licensed professional architect, engineer or professional planner.
The preliminary plat shall be submitted to the Superintendent of Buildings
as herein provided for review and report. The Superintendent will
refer the preliminary plat to such other Village department head whose
review and comments are relevant to the review. The comments of that
department head will be included with the report of the Superintendent
of Buildings.
B.
Fees.
(1)
All submissions for subdivision approval shall be
accompanied by a fee as established by the Board of Trustees to compensate
the Village for its costs of planning, design and engineering review.
(2)
Such fees do not cover the cost of the review by the
Village of an environmental assessment form (EAF) or the preparation
and review of an environmental impact statement (EIS), if an EIS is
deemed to be necessary. The applicant shall be responsible for the
total cost of any environmental review that is determined by the Village
to be necessary to meet the requirements of the State Environmental
Quality Review Act (SEQRA).
C.
Prior to a subdivision application being referred
to the Planning Board for a public hearing:
(1)
The application for subdivision review will not be
deemed accepted by the Village and will not be referred to the Planning
Board for a public hearing until the Superintendent of Buildings determines
it to be complete in accordance with the provisions of this chapter.
(2)
No application shall be deemed complete until it meets
the SEQRA requirements as deemed necessary by the Village.
D.
The following must be submitted in an application
for subdivision review:
(1)
A completed subdivision application on forms provided
by the Village.
(2)
In a separate document, applicant will set forth the
name and address of the applicant, the owner and the licensed professional(s)
engaged to work on the project. Where the applicant or owner is a
corporation, this letter shall include the names and addresses of
all officers, directors and principal stockholders.
E.
A preliminary plat plan must be submitted with the
application.
(1)
Ten copies of the plat plan prepared by a licensed
surveyor, engineer or architect must be submitted which will show
the following:
(a)
For each lot, the proposed setback of any structure(s)
from street line(s), proposed side yards, proposed rear yard.
(b)
Proposed and existing elevations of the four corners
of the subject property and elevation of the adjacent properties.
(c)
Location of driveways, curb cuts, roads and pedestrian
walkways.
(d)
All means of vehicular access and egress to and from
the subdivision onto public streets and all provisions for pedestrian
access and circulation.
(e)
Any proposed streets and culs-de-sac including the
width and grade, together with a note specifying whether such street
will be offered for dedication to the Village and, if so, certifying
that such street will be built to the standards of the Village and
of the County of Nassau.
(f)
Location and size of any required drywell.
(g)
Location and size of all existing trees which have
a diameter of six inches measured three feet from the ground.
(h)
Location of light poles, fire hydrants, and any other
utility device.
(i)
Computation of area covered by all structures is to
be shown on the plat plan.
(2)
Applicant must submit certified survey of property
to be subdivided which has been prepared no more one year prior to
submission.
(3)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Ch. 209, Art. I, and Ch. 252, Art. XVII, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Ch. 252, Art. XVII. The approved preliminary subdivision plat shall be consistent with the provisions of this Ch. 209 and Ch. 252, Art. XVII.
[Added 12-20-2010 by L.L. No. 1-2011]
A.
The report of the Superintendent of Buildings must
be filed with the Clerk of the Planning Board. The report will contain
a statement that the application for subdivision is complete with
respect to all submission requirements, including filing of documents
pursuant to SEQRA regulations. The report shall also state that a
copy thereof has been served upon the applicant or the applicant's
representative.
B.
Scheduling of public hearing. Upon filing of the report
of Superintendent of Buildings, the subdivision application shall
be scheduled for a public hearing. The public hearing will be scheduled
to review the preliminary plat plan in accordance with Village Law
§ 7-728(5)
C.
For its review of the subdivision application, the
Planning Board shall act as lead agency and comply with the provisions
of SEQRA and shall complete its SEQRA review in coordination with
the public hearing on the subdivision plat review.
D.
In addition to the requirements of § 7-7C herein, the subdivision application will not be considered complete until the applicant has provided to the Clerk of the Planning Board:
(1)
The following documents:
(a)
Ten copies of a completed subdivision application
using forms provided by the Village.
(b)
Ten copies of a radius map depicting all properties
within 200 feet of the subject property boundary lines showing the
size of said properties with the Lynbrook Tax Map section, block and
lot of each said property clearly noted. This radius map must also
note any town, city or Village boundary within 500 feet of the subject
property.
(c)
Ten copies of a complete and accurate list of the
names and addresses of the owners of all properties within a radius
of 200 feet of the boundary lines of the property affected by the
application.
(d)
One original conflict of interest disclosure statement
on form provided by Village.
(2)
A notice using a form provided by the Village to be
sent to each property owner as described below, signed by the applicant,
his agent or attorney, identifying the subject property, stating the
relief requested and the date, time and place fixed by the Board for
a hearing.
(a)
This notice shall be served upon every owner of property
within the two-hundred-foot radius of the boundary lines of the subject
property in the following manner:
[1]
By certified mail, return receipt requested,
to each property owner whose property abuts the subject property.
[2]
By first class mail addressed to every other
property owner within said two-hundred-foot radius at their residence
addresses.
[3]
By first class mail to the county, town or such
Village whose boundaries or property is within a five-hundred-foot
radius of the boundaries of the subject property.
(b)
Each of the aforesaid notices shall be mailed not
less than 10 days nor more than 20 days before the date set for the
public hearing.
(c)
An affidavit of service with respect to said mailings
shall be filed in the office of the Village Administrator at least
five days before the date of the public hearing. The certified mailing
receipts shall be filed with the Village Administrator's office two
days before the public hearing.
A.
In reviewing an application for subdivision approval,
the Planning Board shall first consider the findings, requirements
and recommendations included in the report of the Superintendent of
Buildings and the report of any other department head.
B.
The Planning Board shall next consider the following:
(1)
The relationship compatibility of the proposed subdivision
to and the effect the surrounding neighborhood.
(2)
Environmental considerations under SEQR regulations,
the preservation of natural resources, and the preservation and/or
replacement of trees.
(3)
Adequacy of proposed sidewalks, streets and culs-de-sac
and the ability of proposed streets to accommodate and provide access
and maneuverability of fire-fighting equipment and waste collection
vehicles.
(4)
Adequacy of storm drainage facilities, sanitary sewer
connections, waste disposal facilities, utility services, water main
connections and property drainage and the effect of such drainage
on neighboring properties.
(5)
Traffic impact.
(6)
Driveway connections with public streets, off-street
parking and on-street parking impact.
(7)
A need for a provision of parkland or a recreation
area.
(8)
Conformance with Village zoning and land use controls
to the extent that:
(9)
Compliance with Nassau County Department of Health
and Department of Public Works requirements.
(10)
Compliance with New York State Department of Transportation
requirements, where applicable.
(11)
The health, safety and welfare of Village residents.
A.
At the conclusion of the Public Hearing, the Planning
Board has the option to either convert the preliminary plat plan into
a final plat plan or to direct the applicant to prepare a final plat
plan for review at an additional public hearing in accordance with
§ 7-728(6). Prior to exercising its option to convert the
preliminary plat into a final plan, the Planning Board shall take
into consideration comments at the public hearing from the public
and by the Superintendent of Buildings.
B.
The Planning Board shall act on the subdivision plan
by a majority of the Board in a written decision to either approve,
disapprove or approve with modifications. A resolution of either approval
or approval with modifications shall include Board authorization for
its Chair to stamp and sign the final plat plan upon the applicant's
compliance with the submission requirements stated in the resolution.
C.
If the Planning Board's determination includes a requirement
that modifications be incorporated in the subdivision plan, conformance
with the modifications shall be considered a condition of approval
and shall be satisfied prior to the stamping and signing of the subdivision
plan.
D.
If the subdivision is disapproved, the Planning Board's
decision shall state specific reasons for such decision. The reasons
must be based upon planning standards and may not be based upon generalized
community opposition to the particular proposal.
E.
Upon approval or approval with modifications, the
Superintendent of Buildings shall be authorized to issue the appropriate
permit if the project conforms to all other applicable requirements.
A.
After receiving approval from the Planning Board,
with or without modifications, the applicant will, within six calendar
months, submit five prints of the approved subdivision plan to the
Planning Board for stamping and signature by the Board Chair. The
subdivision plan submitted for stamping shall conform strictly to
the subdivision plan approved by the Planning Board. The plan must
contain a certification by applicant's design professional that it
so conforms.
B.
Upon stamping and signature by the Board Chair, the
Clerk of the Planning Board shall forward a copy of the approved subdivision
plan to the applicant, the Superintendent of Buildings and the Village
Assessment office.
A.
The applicant shall submit with the prints of the
approved subdivision plan a separate writing stating that applicant
agrees to comply with those parts of the plan that affect public property
or public services. The Planning Board will determine whether said
compliance by the applicant must be secured by a performance bond,
cash or other acceptable guarantee approved by the Village Attorney.
The guarantee shall be for 100% of the cost of those improvements.
The performance bond, cash or other security shall guarantee the applicant's
completing such work in a manner satisfactory to the Village.
B.
In case of default, the guarantee shall be forfeited.
The Village shall use the security to complete any incomplete portion
of said work or to make required repairs as are necessary to assure
the proper condition and functioning said improvements. Any balance
of the security fund remaining after the Village has completed said
work, will be returned.
Reasonable costs incurred by the Building Department
or Planning Board for private consultation fees or other extraordinary
expense in connection with the review of the proposed subdivision
shall be charged to the applicant. Such costs shall be in addition
to the application fee required. Payment of said costs may be required
upon review of the subdivision submissions by the Superintendent of
Buildings in advance to cover the anticipated costs of such consultant
review and other related review expenses.