In order to provide for future growth and development within the Village
in an orderly, efficient and economic manner, and in order to ensure adequate
facilities for the housing, transportation, comfort, convenience, safety,
health and welfare of Village residents, the Board of Trustees has determined
that it is necessary and desirable to require the approval by the Village
of subdivisions of land and changes of property line within the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
Any person having any presently vested or contingent interest in
a parcel of land, including a contract vendee, who seeks approval by the Board
of a preliminary or final plat.
ASSEMBLAGE
Two or more lots contiguous to each other which, as of June 1, 1991,
are either owned by the same legal entity or, for zoning purposes, were treated
as a unit prior to said date.
BOARD
The Board of Trustees of the Village of Great Neck Plaza sitting
as the Planning Board of the Village or, in the event that a separate Planning
Board is hereinafter established by the Village, such Planning Board.
CONDITIONAL APPROVAL
Approval of the layout of a proposed subdivision or change of property
line as set forth in a preliminary plat, subject to the approval of the final
plat in accordance with the procedures set forth hereinafter.
DATE OF SUBMISSION OF A PRELIMINARY OR FINAL PLAT
That date after the completion of all SEQR review procedures and
after the receipt of all required data and information by the Board, when
the preliminary or final plat is ready for review and evaluation by the Board.
FINAL PLAT
A survey or drawing in final form prepared by and submitted with
the seal of a licensed land surveyor showing a proposed subdivision or change
of property line containing all information or detail required by this chapter,
by any other applicable state law or local law, ordinance, rule, regulation
or resolution and, if modified as a conditionally approved plat, by such modification.
LOT
A tax lot as shown on the Nassau County Land and Tax Maps filed in
the office of the Nassau County Clerk on or before June 1, 1991.
PARCEL
A lot or assemblage of land, as defined herein.
PRELIMINARY PLAT
A survey or drawing prepared by and submitted with the seal of a
licensed land surveyor showing the salient features of a proposed subdivision
or change of property line submitted to the Board for purposes of consideration
prior to submission of the plat in final form.
SUBDIVISION OF LAND
A division of any parcel of land located within the Village into
more than one lot, plot, site or parcel, with or without streets, except if
said parcel of land is owned by the Village of Great Neck Plaza.
At the earliest possible date before submitting or preparing an application
for preliminary approval, applicants or their agents shall consult with the
appropriate Village officials as designated by the Board, and attend a preapplication
process in order to make the review process undertaken by the Board as expeditious
and efficient as possible. Compliance with the provisions of this Article
is mandatory before an applicant may file an application for approval of a
preliminary plat.
Prior to granting any approval to a final plat, the Board shall require
that the streets and highways 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, 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; that the subdivision or
change of property line reflected in the final plat not adversely effect the
public health, welfare and safety; that the land shown on such plat 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 suitable
monuments have been placed at such block corners and other necessary points
as may be required by the Board and the location thereof as shown on the map
of such plat; and that all streets or other public places shown on such plats
shall be suitably graded and paved and that sidewalks, streetlighting standards,
curbs, 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 procedure acceptable to the Board or alternatively that
a performance bond sufficient to cover the full cost of the same as estimated
by the Board or other appropriate Village departments designated by the Board
shall be furnished to the Village by the owner; provided, however, that the
Board may waive, subject to appropriate conditions and guaranties, 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.
Prior to the approval by the Board of a subdivision or a change of property
line, with or without streets or highways, the plat of proposed subdivision,
change of property line or development shall also show, in proper cases and
when required by the Board, a park or parks suitably located for playground
or other recreation purposes. If the Board determines that a suitable park
or parks of adequate size cannot be properly located in such plat or is otherwise
not practical, the Board may require as a condition to approval of any such
plat a payment to the Village of a sum to be determined by the Board, which
sum shall constitute a trust fund to be used by the Board exclusively for
neighborhood park, playground or recreation purposes including the acquisition
of land.
An application for conditional or final approval of a subdivision, change of property line or plat shall constitute an unlisted action for purposes of Chapter
107, Environmental Quality Review, and the lead agency for purposes of that chapter shall be the Board.
[Amended 4-17-1992 by L.L. No. 2-1992]
A. Fees. Upon filing of any application to the Planning
Board in connection with a subdivision of land or a change of property line,
including any application for approval of a preliminary or a final plat or
of an amendment thereto, the applicant shall pay the Village Clerk the sum
of $100, plus an additional $100 in connection with any application where
it is required to file an environmental assessment form (EAF).
B. Costs.
(1) On all applications to the Planning Board in connection
with a subdivision of land or a change of property line, the applicant shall
be liable for and shall pay the following costs which may be incurred by the
Village in processing the application:
(b) Stenographic minutes of meetings and hearings.
(c) Engineering costs for the Village Engineer.
(d) Legal fees for the Village Attorney, which shall be charged
at an hourly rate approved by the Board of Trustees.
(f) Planning, sound, traffic, environmental or other specialized
study or consultant's fees.
(2) All the foregoing fees and costs shall be consistent
with fees for services then prevailing in the community. All such fees shall
be billed by the Village on a monthly basis and shall be paid within 15 days
thereafter.
C. Deposits.
(1) In addition to the fees required by Subsection
A hereof, the applicant shall deposit with the Village Clerk a sum of money to be used by the Village to defray the costs listed in Subsection
B hereof which are actually and necessarily incurred by the Village in processing and review the application. The sum deposited shall be as follows:
(a) For all applications for approvals of preliminary and
final plats, the sum of $1,500. If an expanded EAF or draft environmental
impact statement (DEIS) is required or if it appears to the Village Clerk
that such a statement may be required, an additional sum of $1,500.
(b) For all other cases, the sum of $500.
(2) In the event that the amount of the deposit is insufficient to cover the costs listed in Subsection
B hereof, the applicant shall, at such time as is fixed by the Board of Trustees, deposit with the Village an amount deemed sufficient to defray all such costs. If the amount deposited exceeds the actual costs listed in Subsection
B which are actually and necessarily incurred by the Village, the unused portion of such deposit shall be returned to the applicant within 60 days after the decision on the application is filed.
D. Additional fees. For all subdivision maps requiring approval
of street and highway grades and drainage by the Nassau County Department
of Public Works, the applicant shall tender an additional fee of $1,500, which
fee shall be forwarded by the Village to the County pursuant to the requirements
of County Ordinance No. 171-1991. This fee shall be increased or decreased
in accordance with any future amendment to the County ordinance.
E. Action on application. No action shall be taken by the
Planning Board on any application subject to the provisions of this section
until all fees and deposits required hereunder are paid in full.