By resolution adopted by the Board of Trustees on the ninth day of April
1955, pursuant to the provisions of the Village Law and pursuant to the County
Government Law of Nassau County, the Planning Board of the Village of Mill
Neck has the power and authority to approve plats for subdivisions within
the Village of Mill Neck.
For the purpose of this chapter, certain words used herein are defined
as follows:
BOARD
The Planning Board of the Village of Mill Neck.
ENGINEER
The engineer duly designated by the Planning Board of the Village
of Mill Neck or, if there is no such official, the planning consultant or
engineer employed by or assigned to the Village Planning Board.
MASTER PLAN
A comprehensive plan prepared by the Planning Board pursuant to § 7-722
of the Village Law which indicates the general locations recommended for the
various functional classes of public works, places and structures and for
the general physical development of the Village of Mill Neck and includes
any unit or part of such plan separately adopted and any amendment to such
plan or parts thereof.
OFFICIAL MAP
The map established by the Board of Trustees under § 7-724
of the Village Law showing streets, highways and parks theretofore laid out,
adopted and established by law and any amendments thereto adopted by the Board
of Trustees or additions thereto resulting from approval of subdivision plats
by the Planning Board and the subsequent filing of such approved plats.
PLAT
The final map on which the subdivider's plan of subdivision
is presented to the Planning Board for approval and which, if approved, will
be submitted to the County Clerk for recording.
PRELIMINARY MAP
The preliminary drawings indicating the proposed map of the subdivision
to be submitted to the Planning Board for its consideration.
SUBDIVISION
The division of any parcel of land into two or more lots, plots,
sites or other divisions of land.
No person, firm or corporation proposing to make or having made a subdivision,
as defined herein, within the territorial limits of the Village of Mill Neck
shall make any contract for the sale of or shall offer to sell such subdivision
or any part thereof or shall proceed with any development, as defined herein,
until it has obtained from the Planning Board of the Village of Mill Neck
approval of the proposed subdivision and/or development pursuant to the procedure
outlined in this chapter.
No improvements shall be constructed which have not been approved by the Board. The subdivider may elect to complete all improvements before final approval or file a performance bond pursuant to the provisions of §
109-4E. For any required improvements not so completed, there shall be submitted with the plat a certificate of the Village Attorney as to the sufficiency of the bond offered in lieu thereof. Before final approval of the plat or release of the performance bond, there shall be filed with the Planning Board a certificate of the Village Engineer as to the completion of all improvements required by the Board to his satisfaction, in accordance with standards and specifications prescribed by him.
Monuments of a type approved by the Village Engineer shall be set at
all corners and angle points of the boundaries of the original tract to be
subdivided and at all street intersections, angle points in street lines,
points of curve and such intermediate points as shall be required by the Village
Engineer.
No work shall be commenced on a stormwater drainage or storage basin until the area has been fenced in accordance with village specifications, §
109-11, and unless the developer shall file with the Board a public liability insurance policy insuring the Village of Mill Neck and the developer, covering the operation of such developer and the construction of such stormwater drainage or storage basin with limits of $50,000/$100,000, such insurance to continue in force until the performance bond has been discharged, the form and manner of execution of such policy of insurance to bear the approval of the Village Attorney.
All work and improvements shall be done in accordance with the Construction
Standards and Specifications of the Village of Mill Neck and under the supervision
of the Village Engineer.
Where the Board finds that, because of special circumstances of a particular plat, extraordinary hardships, not of the owners' or subdividers' making, may result from strict compliance with this chapter, it may vary or waive any of the regulations so that substantial justice may be done and the public interest secured, provided that such variation or waiver shall comply with Chapter
129, Zoning, and will not have the effect of nullifying the intent and purpose of the Master Plan, Official Map or this chapter.