Whenever any subdivision of land is proposed
to be made in any area subject to the jurisdiction of the Planning
Board with respect to the approval of subdivisions, and before any
contract for the sale of or any offer to sell such subdivision or
any part thereof is made, and before any permit for the erection of
a structure in such proposed subdivision shall be granted, the subdivider
or his or her duly authorized agent shall apply for approval of such
proposed subdivision in accordance with the following procedure, which
procedure includes the following steps for minor and major subdivisions:
At the option of the subdivider, the subdivider may present his/her plan to the Planning Board at a regularly scheduled meeting to discuss his/her concept for the subdivision plan, provided that the subdivider has met the minimum requirements for a submission of a sketch plan found in § 245-25. However, in some circumstances, the subdivider may want to provide more information to sufficiently illustrate his/her concept. The intention of the Board through this sketch review is to provide guidance to the developer at the early stages of the development of the plan, by evaluating the proposed plan in relation to objectives set forth in these regulations. Although the subdivider is not required to submit a sketch plan, he or she is strongly encouraged to participate in this part of the process. At the same meeting, the subdivider should also discuss with the Planning Board the requirements for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services.
A.
Application and fee.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by a fee as set forth from time to time by the
City Council.
(3)
Application for waiver of requirements to file approved
maps with the Nassau County Clerk shall be made simultaneously with
application for a minor subdivision.
(4)
No fee shall be payable under this subsection if the
owner of the building or property affected is a corporation or association
organized and operated exclusively as a house of religious worship
or a nonprofit hospital organization or for one or more such purposes,
no part of the earnings of which inures to the benefit of any private
group or individual, and provided that the property affected is to
be used exclusively by such corporation or association for one or
more of such purposes.
B.
Determination of application completeness.
[Amended 5-8-2007]
(1)
Three copies of the subdivision plat, checklist, application
form and supporting documents shall be presented to the Secretary
of the Planning Board at least two weeks prior to a scheduled meeting
of the Planning Board.
(2)
The submission shall be inspected by the Director
of the Building Department (DBD) to determine whether or not the application
meets the requirements for application completeness within 10 calendar
days of receiving the application. If the application meets the requirements
for application completeness, the date shall be recorded and used
as the official submission date of the minor subdivision plat.
[Amended 8-24-2010]
(3)
Once the application has been deemed complete, the
Secretary of the Planning Board shall schedule the application for
preliminary discussion at the next available Planning Board meeting.
The number of copies of the subdivision plat, checklist, application
and supporting documents required for the meeting shall be in accordance
with the rules and regulations of the Planning Board. The applicant
shall provide the required number of copies to the Secretary of the
Planning Board at least 14 days before the meeting.
(4)
If the Director of the Building Department determines
that the application does not meet the requirements for application
completeness, the Planning Board Secretary shall immediately notify
the applicant of these discrepancies and shall direct the applicant
to submit the required information. The DBD shall determine whether
the application meets the requirements for application completeness
within 10 calendar days from the receipt of the missing information.
[Amended 8-24-2010]
(5)
The preliminary plat shall contain a stamp and signature
from the Director of the Building Department certifying its completeness.
No application shall be placed on the agenda of any Planning Board
meeting until the application has been deemed to meet the requirements
for application completeness by the Director of the Building Department;
however, upon a second finding of incompleteness by the Director of
the Building Department, the applicant may appeal the determination
to the Planning Board directly at its next available meeting.
[Amended 8-24-2010]
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his or her duly authorized representative, shall attend the meeting
of the Planning Board to discuss the subdivision plat.
D.
SEQRA review required. All minor subdivision applications
shall be subject to environmental quality review by the Planning Board
in accordance with the provisions of this chapter, the State Environmental
Quality Review Act, the Environmental Quality Review Law of the City
of Glen Cove,[1] and other applicable laws and regulations.
[Amended 5-8-2007]
E.
The Director of Public Works, or Acting Director of
Public Works if no Director is in office at the time of application,
or the designee of the Director or Acting Director, shall review the
proposed subdivision and shall submit its recommendations to the Board
in writing on or before the public hearing date. The Board may require
the applicant to alter the application in conformance with the recommendations
submitted.
[Added 5-8-2007[2]]
F.
Public hearings for subdivision plats requiring an environmental impact statement. For any hearing for a minor subdivision requiring an environmental impact statement (EIS), the public hearing shall be opened within 62 days of declaring the EIS complete and acceptable for public circulation and review and the filing of a complete application by the applicant. A complete application shall include the EIS to be considered and all data required by Article IV, Documents Required, § 245-26, and all fees shall be paid. A coordinated review of the subdivision and the EIS shall be required in accordance with the procedures outlined in the state environmental quality review regulations, 6 NYCCR Part 617. Said hearing shall be advertised in a newspaper of general circulation in the City not less than fourteen days before such hearing. In addition to said publication, notice of public hearing (on the form provided by the Board) shall be sent by mail to each owner of all parcels of property located within a radius of 300 feet measured from all points of the subject property lines, by registered or certified mail, return receipt requested. Said notice shall be postmarked no sooner than 20 days and no later than 10 days prior to the date set for the public hearing. For lots within 500 feet of a municipal boundary, notice shall be mailed in the above-prescribed form to the clerk of the adjacent municipality. The hearing date shall also be advertised by posting of a sign stating the time, date and place of the public hearing to be held on the property which is the subject of an application. The sign shall be posted at least 10 days prior to the date of the hearing. The sign shall be visible from adjacent rights-of-way. If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way. If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it. Ten days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this subsection. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied.
[Amended 11-27-2001; 5-8-2007; 8-24-2010]
G.
Public hearing for subdivision plats not requiring an environmental impact statement. A public hearing shall be held by the Planning Board within 62 days after adopting a negative declaration and all data required by Article IV, Documents Required, § 245-26, of these regulations has been submitted, and all fees have been paid. Said hearing shall be advertised in a newspaper of general circulation in the City not less than five days before such hearing. In addition to said publication, notice of public hearing (on the form provided by the Board) shall be sent by mail to each owner of all parcels of property located within a radius of 300 feet measured from all points of the subject property lines, by registered or certified mail, return receipt requested. Said notice shall be postmarked no sooner than 20 days and no later than 10 days prior to the date set for the public hearing. For lots within 500 feet of a municipal boundary, notice shall be mailed in the above-prescribed form to the clerk of the adjacent municipality. The hearing date shall also be advertised by posting of a sign stating the time, date and place of the public hearing to be held on the property which is the subject of an application. The sign shall be posted at least 10 days prior to the date of the hearing. The sign shall be visible from adjacent rights-of-way. If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way. If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it. Ten days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this subsection. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied.
[Amended 8-24-2010]
H.
Action on subdivision plat.
(1)
The Planning Board shall, within 30 days from the
date of the filing of the findings statement for a subdivision requiring
an EIS, or within 62 days of the close of the public hearing for a
subdivision not requiring an EIS, approve, approve with modifications
or disapprove the minor subdivision plat.
(2)
Approval or disapproval of a waiver of filing requirements
takes place simultaneously. Any approved minor subdivision for which
map filing requirements have been waived shall be recorded with the
City Clerk along with any conditions of approval attached thereto.
(3)
Approval of a minor subdivision plat subject to conditions
set forth by the Planning Board in its resolution shall constitute
a conditional approval of the plat. Conditional approval does not
qualify the final plat for recording. At the time of the resolution
conditionally approving the plat, the Planning Board must empower
a duly authorized officer of the Planning Board to sign the plat upon
completion of the requirements stated in the resolution.
(4)
The applicant has 180 days to satisfy the requirements upon which the approval has been conditioned and obtain the certification of the officer of the Planning Board. This period may be extended by the Planning Board, if, in its opinion, the circumstances warrant this, for up to two ninety-day periods beyond the 180 days. After the subdivision plat has been certified, plats shall be filed in accordance with § 245-11.
[Amended 5-8-2007]
A.
Application; fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for approval of a preliminary plat in the form described in § 245-27. The preliminary plat shall, in all respects, comply with the requirements set forth in said § 245-27 hereof, and with the provisions of §§ 32 and 33 of the General City Law, except where a variance may be specifically authorized by the Planning Board, as provided in § 245-4 hereto. The application shall be accompanied by a fee as set forth from time to time by the City Council.
(2)
No fee shall be payable under this subsection if the
owner of the building or property affected is a corporation or association
organized and operated exclusively as a house of religious worship
or a nonprofit hospital organization or for one or more such purposes,
no part of the earnings of which inures to the benefit of any private
group or individual, and provided that the property affected is to
be used exclusively by such corporation or association for one or
more of such purposes.
B.
Determination of application completeness.
[Amended 5-8-2007]
(1)
Three copies of the subdivision plat, checklist, application
form and supporting documents shall be presented to the Secretary
of the Planning Board at least two weeks prior to a scheduled meeting
of the Planning Board.
(2)
The submission shall be inspected by the Director
of the Building Department (DBD) to determine whether or not the application
meets the requirements for application completeness within 20 calendar
days of receiving the application. If the application meets the requirements
for application completeness, the date shall be recorded and used
as the official submission date of the preliminary subdivision plat.
[Amended 8-24-2010]
(3)
Once the application has been deemed complete, the
Secretary of the Planning Board shall schedule the application for
preliminary discussion at the next available Planning Board meeting.
The number of copies of the subdivision plat, checklist, application
and supporting documents required for the meeting shall be in accordance
with the rules and regulations of the Planning Board. The applicant
shall provide the required number of copies to the Secretary of the
Planning Board at least 14 days before the meeting.
(4)
If the Director of the Building Department determines
that the application does not meet the requirements for application
completeness, the Planning Board Secretary shall immediately notify
the applicant of these discrepancies and shall direct the applicant
to submit the required information. The DBD shall determine whether
the application meets the requirements for application completeness
within 20 calendar days from the receipt of the missing information.
[Amended 8-24-2010]
(5)
The preliminary plat shall contain a stamp and signature
from the Director of the Building Department certifying its completeness.
No application shall be placed on the agenda of any Planning Board
meeting until the application has been deemed to meet the requirements
for application completeness by the Director of the Building Department;
however, upon a second finding of incompleteness by the Director of
the Building Department, the applicant may appeal the determination
to the Planning Board directly at its next available meeting.
[Amended 8-24-2010]
C.
SEQRA review required. All major subdivision applications
shall be subject to environmental quality review by the Planning Board
in accordance with the provisions of this chapter, the State Environmental
Quality Review Act, the Environmental Quality Review Law of the City
of Glen Cove,[1] and other applicable laws and regulations.
[Amended 5-8-2007]
D.
The Director of Public Works, or Acting Director of
Public Works if no Director is in office at the time of application,
or the designee of the Director or Acting Director, and the Chief
of the Glen Cove Fire Department shall review the proposed subdivision
and shall submit their recommendations to the Board on or before the
public hearing date. The Board may require the applicant to alter
the application in conformance with the recommendations submitted.
[Added 5-8-2007[2]]
E.
Applicant to attend Planning Board meeting. The applicant,
or his or her duly authorized representative, must attend the meeting
of the Planning Board to discuss the preliminary plat.
[Amended 5-8-2007]
F.
Study of preliminary plat. The Planning Board shall
carefully study the practicability of the preliminary plat, taking
into consideration the requirements of the community and the best
use of the land being subdivided. Particular attention shall be given
to the arrangement, location and width of streets, their relation
to the topography of the land, sewage disposal, drainage, lot sizes
and arrangement, the future development of adjoining lands as yet
unsubdivided and the requirements of the City Plan.
[Amended 5-8-2007]
G.
Proposed roads to be staked. To permit the Board to
study the proposed layout in the field, the Board may require that
certain roads shall be staked along their center lines every 50 feet.
Each stake shall be marked so that it can be located on the preliminary
plat and shall show approximate height of proposed cut or fill at
that point.
H.
Public hearings for major subdivision plats requiring an environmental impact statement. For any hearing for a major subdivision requiring an Environmental Impact Statement, the public hearing shall be opened within 62 days of declaring the EIS complete and acceptable for public circulation and review and the filing of a complete application by the applicant. A complete application shall also include the EIS to be considered as well as all data required by Article IV, Documents Required, § 245-27, and all fees shall be paid. A coordinated review of the Subdivision and the EIS shall be required in accordance with the procedures outlined in the state environmental quality review regulations, 6 NYCCR Part 617. Said hearing shall be advertised in a newspaper of general circulation in the City not less than fourteen days before such hearing.
[Amended 5-8-2007]
I.
Public hearing for major subdivision plats not requiring an environmental impact statement. A public hearing shall be held by the Planning Board within 62 days after adopting a negative declaration and all data required by Article IV, Documents Required, § 245-27, of these regulations has been submitted, and all fees have been paid. Said hearing shall be advertised in a newspaper of general circulation in the City not less than five days before such hearing.
J.
In addition to said publication, notice of public
hearing (on the form provided by the Board) shall be sent by mail
to each owner of all parcels of property located within a radius of
300 feet measured from all points of the subject property lines, by
registered or certified mail, return receipt requested. Said notice
shall be postmarked no sooner than 20 days and no later than 10 days
prior to the date set for public hearing. For lots within 500 feet
of a municipal boundary, notice shall be mailed in the above-prescribed
form to the clerk of the adjacent municipality. The hearing date shall
also be advertised by posting of a sign stating the time, date and
place of the public hearing to be held on the property which is the
subject of an application. The sign shall be posted at least 10 days
prior to the date of the hearing. The sign shall be visible from adjacent
rights-of-way. If the subject property is on more than one right-of-way,
a sign shall be posted facing each right-of-way. If the sign is destroyed
or removed from the property, the owner of the subject property shall
be responsible for replacing it. Ten days prior to the public hearing,
the owner of the subject property shall execute and submit to the
Department of Planning an affidavit of proof of the posting of the
public notice sign(s) according to this subsection. If the owner of
the subject property fails to submit the affidavit, the public hearing
will be postponed until after the affidavit has been supplied.
[Amended 8-24-2010]
K.
Action by the Planning Board.
(1)
Following review of the preliminary plat, the Board
shall, within 30 days from the date of the filing of the findings
statement for a subdivision requiring an EIS, or within 62 days of
the close of the public hearing for a subdivision not requiring an
EIS, approve, approve with modification or disapprove the preliminary
plat. Failure to act within the specified time shall be deemed to
be approval by the Planning Board. However, the time may be extended
by mutual consent of the applicant and the Planning Board. Any specific
conditions attached to the approval or reasons for disapproval shall
be stated in writing to the applicant.
[Amended 5-8-2007]
(2)
In granting the approval the Board may require that
the subdivision plat shall include a detailed grading plan for all
or part of the proposed subdivision, when the applicant proposes to
change the existing character of the site. Such detailed plan shall
include, but not be limited to, the existing mid proposed grades at
all lot corners, house corners and critical breaks in slopes. In addition,
the detailed grading plan shall show how stormwater runoff from the
regraded area is to be drained. Drainage provision noted on the detailed
grading plan shall be included on the required drainage plan for the
entire subdivision. The detailed grading plan in most cases may not
be required for such subdivision earthmoving procedures as the excavation
of basement areas, the setting of footings or the reasonable grading
of topsoil, including swales.
[Amended 5-8-2007]
(3)
Whenever the proposed development requires an alteration
in existing grades above 6%, a grading plan shall be submitted showing
detailed earth work as necessary to accomplish plans of development,
such as, but not limited to, timber bulkheading, dredging, grading,
retaining walls, fencing, screen planting, etc. (the plans for which
must have the affixed seal of a registered architect or licensed engineer).
(4)
The proposed grading and improvement plan must be
reviewed and approved by the Department of Public Works.
(5)
The action of the Board shall be noted on two copies
of the preliminary plat, referenced and attached to any modifications
determined. One copy shall be returned to the applicant and the other
retained by the Board.
[Amended 5-8-2007]
A.
Application for final approval.
(1)
The subdivider shall file with the Planning Board
an application for approval of all or part of the proposed subdivision,
using the approved application form available from the Secretary to
the Planning Board.
(2)
The subdivider may develop the subdivision in progressive stages instead of in its entirety, but no subdivision or portion thereof shall be considered unless it abuts at least one street on the Official Map, which street shall be improved to the satisfaction of the Planning Board, or an approved street for which a bond has been filed under § 245-10.
(3)
Application for final approval shall be made within
six months of preliminary plat approval. If application is not made
within six months, the Planning Board may require submission of a
new preliminary plat.
(4)
The application shall be accompanied by a fee, as
set from time to time by resolution of the City Council, per dwelling
unit.
B.
Determination of application completeness.
[Amended 5-8-2007]
(1)
An applicant intending to submit a proposed final
subdivision plat for the approval of the Planning Board shall provide
the Secretary of the Board with a copy of the application, checklist,
and three duplicate prints of the plat, two copies of all deeds, covenants
and agreements and two prints of all construction drawings.
(2)
The submission shall be inspected by the Director of the Building Department, to determine whether or not the application meets the requirements for application completeness as set forth in § 245-3, within 20 days of receiving the submission. If the submission meets the requirements, the date shall be recorded and used as the official submission date of the final subdivision plat.
[Amended 8-24-2010]
(3)
Once the application has been deemed complete, the
Secretary of the Planning Board shall schedule the application for
preliminary discussion at the next available Planning Board meeting.
The number of copies of the subdivision plat, checklist, application
and supporting documents required for the meeting shall be in accordance
with the rules and regulations of the Planning Board. The applicant
shall provide the required number of copies to the Secretary of the
Planning Board at least 14 days before the meeting.
(4)
If the Director of the Building Department determines
that the application does not meet the requirements for application
completeness, the Planning Board Secretary shall immediately notify
the applicant of these discrepancies and shall direct the applicant
to submit the required information. The DBD shall determine whether
the application meets the requirements for application completeness
within 20 calendar days from the receipt of the missing information.
[Amended 8-24-2010]
(5)
The final plat shall contain a stamp and signature
from the Director of the Building Department certifying its completeness.
No application shall be placed on the agenda of any Planning Board
meeting until the application has been deemed to meet the requirements
for application completeness by the Director of the Building Department;
however, upon a second finding of incompleteness by the Director of
the Building Department, the applicant may appeal the determination
to the Planning Board directly at its next available meeting.
[Amended 8-24-2010]
C.
Official submission. The subdivision plat shall be
considered officially submitted when determined to be complete by
the Director of the Building Department and after all required approvals
or endorsements have been received from all agencies listed below.
Where endorsement is required, the Director of the Building Department
shall assume that the final plat is endorsed by the agency if the
agency fails to respond to a request for endorsement within 30 days
of receipt of the request. The applicant shall be responsible for
providing sufficient information to each agency to facilitate the
review process.
[Amended 8-24-2010]
(1)
Approval of State Department of Environmental Conservation:
endorsement and approval for water and sewer extensions by the State
Department of Environmental Conservation where required by state regulations.
(2)
Approval by County Department of Health: Approval
of plans for sewage disposal shall be secured from the Nassau County
Department of Health.
(3)
Approval by Commissioner of Public Works of Nassau
County: Pursuant to § 334-a of the Real Property Law, the
Planning Board shall not approve any subdivision plat until the Commissioner
of Public Works of Nassau County has endorsed a statement on the plat
that he or she has approved the plans for grades of the streets and
the drainage shown on the plat. Separate plans for grading and drainage
may be required. Changes required by the County Department of Public
Works shall be incorporated on the plans.
(4)
Approval by City of Glen Cove Water Department: approval
of water system improvements by the City of Glen Cove Water Department
(5)
Approval by Glen Cove Director of Public Works. Approval
of grading, drainage, road, sewer and water plans by the City of Glen
Cove Director of Public Works shall be secured.
D.
Public hearing.
(1)
Waiver of the final public hearing for a major subdivision, at option of the Planning Board. If in the Planning Board's opinion the final plat for a major subdivision is substantially the same as the preliminary plat and no significant changes are required by agency comments, the board may find that a public hearing is not required, and waive the requirements for a public hearing. If the Planning Board does not waive the requirements for a public hearing, Subsection D(2) and (3) shall apply.
(2)
A public hearing shall be held within 62 days after
the application for Final Approval has been deemed complete. Such
public hearing must be advertised at least once in a newspaper of
general circulation in the City at least five days before it is held.
(3)
Notice of public hearing (on the form provided by
the Board) shall be sent by mail to each owner of all parcels of property
located within a radius of 300 feet measured from all points of the
subject property lines, by registered or certified mail, return receipt
requested. Said notice shall be postmarked no sooner than 20 days
and no later than 10 days prior to the date set for the public hearing.
For lots within 500 feet of a municipal boundary, notice shall be
mailed in the above-prescribed form to the clerk of the adjacent municipality.
The hearing date shall also be advertised by posting of a sign stating
the time, date and place of the public hearing to be held on the property
which is the subject of an application. The sign shall be posted at
least 10 days prior to the date of the hearing. The sign shall be
visible from adjacent rights-of-way. If the subject property is on
more than one right-of-way, a sign shall be posted facing each right-of-way.
If the sign is destroyed or removed from the property, the owner of
the subject property shall be responsible for replacing it. Ten days
prior to the public hearing, the owner of the subject property shall
execute and submit to the Department of Planning an affidavit of proof
of the posting of the public notice sign(s) according to this subsection.
If the owner of the subject property fails to submit the affidavit,
the public hearing will be postponed until after the affidavit has
been supplied.
[Amended 8-24-2010]
E.
Action on final proposed subdivision plat. After careful study, the Planning Board shall then, within 62 days from the close of the public hearing, approve, approve with modifications or disapprove the subdivision plat. Failure to act within said period shall be deemed approval by the Planning Board. Such approval, however, shall not be deemed final and the subdivision plat shall not be signed by the authorized officer of the Board for recording until the subdivider has complied with the provisions of § 245-10 of this chapter and any modifications required as a condition of approval.
F.
Officer authorized to sign plat. The authorized officer of the Board, for the purpose of signing the approved subdivision plats, shall be the Chairperson of the Board or, in his or her absence, the Acting Chairperson of the Board. After the subdivision plat has been certified, plats shall be filed in accordance with § 245-11.
A.
Improvements and performance bond. Following approval of the subdivision plat by the Planning Board the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below.
(1)
The subdivider shall file with the Secretary to the Planning Board a performance bond to cover the full cost of the required improvements in an amount set by the Planning Board in consultation with the Department of Public Works. Such bond shall comply with the requirements of § 33 of the General City Law and shall be satisfactory to the City Attorney as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, within which required improvements must be completed, shall be set forth in the bond. If the bond is not filed within 45 days of the approval granted in § 245-9F above, the plat shall be deemed disapproved. All required improvements shall be completed to the satisfaction of the Department of Public Works of the City within four months after the date of initial title transfer with respect to any dwelling fronting on a new street shown on the subdivision plat, failing which the City Council may order such improvements to be installed and charge the expense thereof to the subdivider. In the case of exceptionally large subdivisions, the Board may grant a reasonable extension of time beyond said four-month period, or alternately may approve the completion of only a portion of the required improvements within the period specified. The bond shall be released only by the City Council upon certification by the Department of Public Works that all required improvements have been completed to its satisfaction and are functioning satisfactorily within the design parameters, and after a public hearing is held, advertised in a newspaper of general circulation in the City at least five days before it is held.
(2)
The subdivider shall complete all required improvements to the satisfaction of the City Council before any building permits will be issued. If such improvements are not completed within one year of the approval granted in § 245-9F above, the plat shall be deemed disapproved. The subdivider shall file with the City a bond in the amount determined by the Planning Board in consultation with the Department of Public Works to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Such bond shall be satisfactory to the City Attorney as to form, sufficiency, manner of execution and surety.
(3)
Additional improvements, such as bulkheading, dredging,
grading, retaining walls, fencing, screen planting, etc., may be required
by the Board, if, in its opinion, such additional improvements are
required in the interest of public health, safety and general welfare
in the development of the particular subdivision. Installation of
such improvements must be under the direct supervision of a registered
architect or licensed engineer.
B.
Waiver of required improvements. The Planning Board
may waive, for such period as it may determine, the provision of any
or all such improvements as, in its judgment are not necessary in
the interests of the public health, safety and general welfare. In
the case of each waiver granted, the Planning Board shall enter upon
its records the reason or reasons why the particular improvement is
not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
C.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the Department of Public
Works that unforeseen conditions make it necessary or preferable to
modify the location or design of such required improvements, the Department
of Public Works may authorize such modifications upon written request
of the subdivider, provided that such modifications are within the
spirit and intent of the Planning Board's approval and do not extend
to the waiver or substantial alteration of the function of any improvement
required by the Board. The Department of Public Works shall issue
tiny authorization under this section in writing and shall transmit
a copy of such authorization to the Planning Board.
D.
Inspection of improvements.
(1)
Prior to the start of construction of any required
improvements, a copy of construction specifications must be obtained
by the subdivider from the Department of Public Works.
(2)
The construction of all required improvements shall be supervised by a registered professional engineer, employed by the subdivider who, after completion of construction, shall certify to the Board that all required improvements have been constructed as required, or as have been modified by the Department of Public Works under Subsection C above, and shall furnish to the Director of Public Works a certified set of record drawings showing all improvements as constructed, in the same detail as required for approved construction plans by § 245-28C.
(3)
The Director of Public Works, or other duly designated
official, shall inspect required improvements during construction
to assure their satisfactory completion, and the Planning Board shall
require a certificate from such official stating that all required
improvements have been satisfactorily completed. The subdivider shall
be required to pay the fee of the testing laboratory selected by the
City to inspect street construction. If the Director of Public Works
or other duly designated official does not carry out inspection of
required improvements during construction, the subdivider or the bonding
company shall not in any way be relieved of their responsibilities.
E.
Utilities. Where utilities required by the Planning
Board are to be installed by a public utility company, the Planning
Board in its discretion may accept assurance from the public utility
company, in writing, that such installations will be furnished by
the company within a specified period of time and in accordance with
the approved construction plans.
F.
Proper installation of improvements. If the Director of Public Works, or other duly designated official, shall find upon inspection that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the subdivider, the subdivider and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications. Unless covered by a performance bond as specified in Subsection A(1) hereof, no plat which may be an extension of a previously recorded plat, or no new plat, regardless of location, shall be approved by the Board if the subdivider has not fully complied with the construction of all of the required improvements in a previously recorded plat submitted by him or her for approval. As a condition for the approval of such plat, the Board shall require that the conditions of the former agreement be met by the subdivider before the Board shall take action on the plat.
A.
Approval and filing. Upon completion of the above
requirements and notation to that effect upon the subdivision plat,
it shall be deemed to have final approval, shall be properly signed
by the appropriate officer of the Planning Board and shall be filed
by the applicant in the office of the County Clerk. Any subdivision
plat not so filed or recorded within 90 days of the date upon which
such plat is approved or considered approved by reason of the failure
of the Board to act shall become null and void under § 32
of the General City Law.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Board and endorsed, in writing, on
the plat, unless said plat is first resubmitted to the Board. In the
event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void,
and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk. Minor modifications may be approved
by the Board without the necessity of a formal review procedure under
these regulations. In such instances public hearing and fees required
by this chapter shall be waived.
A.
Public acceptance of streets. The approval by the
Planning Board of a subdivision plat shall not be deemed to constitute
or be evidence of an acceptance by the City of any street, park, playground
or other open space shown on such subdivision plat.
B.
Ownership and maintenance of park and playground area.
When a park and playground area shall have been required on a plat,
the approval of said plat shall not constitute an acceptance by the
City of such area. The Planning Board may also require the filing
of a written agreement between the applicant and the City Council
covering future title, dedication and provision for the cost of grading,
development, equipment and maintenance of any park or playground area.
[Added 12-9-2008[1]]
A.
On all applications to the Planning Board for major
or minor subdivisions under this chapter, the applicant shall be liable
to the City and shall pay the following costs which may be incurred
by the City in processing the application:
(1)
Advertising;
(2)
Stenographic minutes of hearings and meetings;
(3)
Engineering costs;
(4)
Inspection costs;
(5)
Legal fees;
(6)
Recording fees;
(7)
Planning, environmental impact review, traffic, sound
landscape design, economic or other specialized consulting services,
studies and reports deemed necessary for a proper review of the application.
B.
All of the costs in Subsection A shall be consistent with the costs for the services then prevailing in the community. The costs for legal fees incurred in the processing of applications for major and minor subdivisions shall include and be supplemental to legal fees generally paid by the City to counsel for the Planning Board.
C.
In addition to payment of the fees required under this chapter, an applicant for a major or minor subdivision shall deposit with the City a sum on a per-lot basis to defray the anticipated costs and expenses listed in Subsection A. If the proposed subdivision involves the review and consideration of a draft or final environmental impact statement under the New York State Environmental Quality Review Act, an additional deposit of shall be required.
D.
The deposit established in Subsection C shall be made in a non-interest-bearing trust account established by the City with a trustee or escrow agent designated by the City. The deposit shall in no way be construed as a limit on the applicant's liability for costs incurred under Subsection A, and, in the event the deposit required under Subsection C is reduced to 25% or less of the initial deposit amount, the applicant shall be required to replenish the deposit to the initial deposit amount. This shall be done as often as required until the conclusion of the application. In the event that the amount of the deposit shall exceed said cost at the conclusion of the application, the unused portion of the deposit shall be returned to the applicant, provided that the applicant shall, within six months thereof, file with the City a written demand for such refund. All unclaimed deposits shall be deemed to be abandoned property and treated as such under the laws of the State of New York.
E.
No action shall be taken by the Planning Board on any major or minor subdivision application unless and until all costs set forth in Subsection A shall have been paid in full. Any costs under Subsection A which remain unpaid more than 60 days after the date of mailing of a notice of deficiency sent to the applicant shall be added to the City real estate tax levy and shall become a lien against the property and the application shall be deemed abandoned. The applicant shall have an opportunity to be heard at a public hearing by the City Council, provided that such a hearing is requested by the applicant within 30 days of the mailing of the notice of deficiency.
F.
A charge of $100 will be added to any account owing
to the City where a tendered payment of such account was by a check
or other written order which is returned for insufficient funds.
G.
In the event that any reimbursable cost or deposit
established in this section creates an economic or other hardship,
application may be made to the City Council, which is hereby authorized
to modify such cost and/or deposit in its legislative discretion,
after appropriate hearing.
H.
The Planning Board shall be authorized and empowered
to adopt rules and regulations to implement the requirements of this
section, including the form of a written deposit agreement for the
deposit required by this section. The Planning Board shall also establish,
from time to time, the amounts required for deposits pursuant to this
section based upon the experience of the City with respect to past-incurred
expenses for similar matters before the City and in general conformity
with requirements for reimbursement and deposits established by other
municipalities in Nassau and Suffolk Counties, New York.
[1]
Editor's Note: This ordinance also repealed
former § 245-13, Fees for outside consulting services for
review of applications and inspections of improvements.
