A.
Whenever any subdivision of land is proposed and before any contract
of sale is carried out or title to any part thereof is transferred,
the subdividing owner or the duly authorized agent of such owner shall
proceed to secure approval of the proposed subdivision in accordance
with the following steps:
B.
Notwithstanding the provisions of Subsection A of this section, the Planning Board may waive the requirement for preparation, review and approval of a preliminary plat for those subdivisions which contain five or fewer lots, plots, blocks, sites or units and in which all proposed lots, plots, blocks, sites or units have frontage on an existing improved public street and no new streets are proposed to be created and where such lots, plots, blocks, sites or units do not require the extension of any municipal facilities.
A.
Application. Prior to subdividing or resubdividing real property,
an owner of real property or an authorized representative of such
owner shall file an application for approval of sketch plat. The application
shall:
(1)
Be made on forms available at the office of the Planning Board.
(2)
Include all contiguous holdings of the owner, including land in the
same ownership, with an indication of the portion which is proposed
to be subdivided, accompanied by an affidavit of ownership which shall
include the dates the respective holdings of land were acquired, together
with the liber and page of each conveyance into the present owner
as recorded in the Nassau County Clerk's office. The affidavit shall
indicate the name and address of the legal owner of the property;
the name and address of any contract vendor of the property; the date
the contract of sale was executed; and, if any corporations are involved,
a complete list of all directors, officers and stockholders of each
corporation owning more than 5% of any class of stock, including the
residence address of each such stockholder; if any partnership is
involved, a complete list of all partners, including the residence
address of each; and, if any other nonnatural person is involved,
a list of all persons possessing power to act for such nonnatural
person, including the residence address of each such person.
(3)
Be accompanied by a minimum of 12 copies of the sketch plat as described in § 131-27 of these regulations and all other documents required as part of the application.
(4)
Include an address and telephone number of an agent located within
the County of Nassau who shall be authorized to receive all notices
required by these regulations.
(5)
Be accompanied by a fee as provided by law. Each submission of a
new sketch plat shall be accompanied by a new fee.
B.
Planning Board review. The Planning Board will study the sketch plat,
taking into consideration the requirements of the subdivision regulations
and the best use of the real property being subdivided. Particular
attention will 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 and the further development of
adjoining lands.
C.
Field trip; temporary staking. After the regular Planning Board meeting
at which the subdivision is first discussed, the Board may schedule
a field trip to the site of the proposed subdivision, accompanied
by the applicant or the applicant's representative. In order to facilitate
field inspection and review of the site of the proposed subdivision,
temporary staking along the center line of all proposed roads in the
subdivision will be required in time for such field trip or, if impracticable,
the Planning Board shall permit a suitable alternative procedure.
D.
Planning Board action. The Planning Board shall approve, with or
without modification, or disapprove the sketch plat application by
resolution, which shall set forth any conditions to which the approval
is subject or the reasons for disapproval.
A.
Application. Prior to requesting approval of a proposed final subdivision
plat and within six months after the approval of the sketch plat,
the applicant shall file an application for approval of a preliminary
plat on forms available from the Planning Board. Such application
shall comply with the modifications, if any, required by the Planning
Board at the time of sketch plat approval and shall be filed with
the Clerk of the Planning Board at least two weeks prior to the regular
Planning Board meeting at which it will be considered and shall:
(1)
Be accompanied by an application fee, payable to the Village of Hewlett
Bay Park, in the amount established by law. Every subsequent submission
of a new preliminary plat will be considered a new application and
shall be accompanied by a new fee.
(2)
Include all real property which the applicant proposes to subdivide
and all land immediately adjacent extending 100 feet therefrom or
of that directly opposite thereto extending feet from the street frontage
of such opposite land, with the name of owners as shown in the Village
Clerk's office. Where the Planning Board determines the need, a larger
portion of adjacent lands may be required to be shown.
(3)
Be accompanied by a minimum of 12 copies of the preliminary plat as described in § 131-28 of these regulations and all other documents required to be part of the application.
B.
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 131-10C.
C.
Planning Board action. After receipt by the Planning Board of a complete preliminary plat application determined by the Board to be in full compliance with the requirements of Subsection A of this section, the Planning Board shall, by resolution, approve, with or without modification, or disapprove the preliminary plat, and the basis of a modification, if any, or the basis for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form. Within 45 days of the approval of a preliminary plat, the resolution shall be certified by the Village Clerk and a copy filed in the office of the Village Clerk and a certified copy mailed to the applicant.
D.
Public hearing.
(1)
Before approving or disapproving an application, the Board shall hold a public hearing. Such hearing shall be advertised in the same manner as the subsequent public hearing on the final subdivision plat as specified in § 131-12C(2) of these regulations.
(2)
At the time of the public hearing, the applicant shall submit an
affidavit stating that the applicant has notified, by certified mail,
return receipt requested, each owner of the property within 500 feet
of the perimeter of the subject property as indicated on the application
for subdivision approval and at least 10 days prior to the public
hearing. The form for the legal notice shall be prepared by the Village
Attorney.
E.
Expiration of approval. Approval of a preliminary plat application
expires if the owner has not submitted a proposed plat in final form
within six months of the date of approval of the preliminary plat.
Application for final subdivision plat approval shall be filed
with the Clerk of the Planning Board. Such application shall comply
with the modifications, if any, required by the Planning Board at
the time of preliminary plat approval and shall be submitted on forms
available from the Clerk of the Planning Board.
A.
Items to accompany application. Application for final plat approval
shall be accompanied by the following:
(2)
A final subdivision application fee, payable to the Village of Hewlett
Bay Park, in the amount specified by law. Every subsequent submission
of a new final plat shall be considered a new application and shall
be accompanied by a new fee.
(3)
An affidavit of ownership as required in § 131-10A(2) of these regulations.
(4)
Where subdivision roads and/or other improvements are involved, a
statement from the applicant's engineer giving the estimated cost
of construction, together with the quantities and unit costs used
in making the estimate.
(5)
A list of any and all variances of the provisions of these regulations
which the applicant requests the Planning Board to grant in his specific
case, with the reasons therefor.
B.
Action by Planning Board. After receipt by the Planning Board of a complete final plat application determined by the Board to be in full compliance with the requirements of § 131-12A of these regulations, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of the plat. Within 45 days of such resolution, the plat shall be certified by the Village Clerk as conditionally approved and one copy filed in the Planning Board office and another copy mailed to the applicant by certified mail, including the certified statement of the requirements which, when completed, will authorize the signing of the conditionally approved final plat. Conditional approval of a final plat shall expire within 90 days after the date of the resolution granting conditional approval, unless such requirements have been completed. The Planning Board may extend this time period for two additional periods not to exceed 90 days each.
C.
Public hearing.
(1)
Before final action, the Planning Board shall hold a public hearing
on the final plat.
(2)
Notice. The Village Clerk shall submit notice to the official village
newspaper for publication at least 15 days before the date of the
public hearing. The applicant shall mail copies of the notice to all
adjoining property owners within 500 feet of the perimeter of the
property and to the Clerk of any municipality when the land to be
subdivided is within 500 feet thereof, such notice to be published
and copies mailed at least 15 days prior to the public hearing.
D.
Filing plat by sections. Prior to granting its approval, the Planning
Board may permit or require the plat to be subdivided into two or
more sections and may impose such conditions upon the delineation
and filing of the sections as it may deem necessary to assure the
orderly development of the plat. Approval of the sections, subject
to any conditions imposed by the Board, shall be granted concurrently
with approval of the plat. If the owner files only a section of an
approved plat within 90 days of the date of approval, such section
shall encompass at least 10% of the total number of lots contained
in the approved plat. Within 30 days of the filing of a section of
an approved plat with the County Clerk, the owner shall file the entire
approved plat with the Hewlett Bay Park Village Clerk. The Planning
Board may deny approval of any subsequent section if a prior approved
section has not first been satisfactorily completed.
E.
Action by applicant. Based upon the Planning Board resolution, the
applicant shall have the final subdivision plat and construction plans
revised, if necessary, in accordance with said resolution, and submit
12 copies of such revised maps to the Planning Board Secretary. Any
letter of credit which is to be filed shall be submitted to the Village
Attorney. The Village Attorney shall be responsible for determining
and certifying to the Planning Board whether or not the form and execution
of the letter of credit is acceptable and has been approved.
F.
Approval of construction plans. The construction plans, revised as
necessary to meet the requirements of the Planning Board resolution,
shall be endorsed by the Planning Board Chairman as approved prior
to the signing of the plat or the beginning of any construction work
within the proposed subdivision.
G.
Additional documents and information required. Prior to the endorsement
of the Planning Board Chairman on the final subdivision plat, the
following additional documents and information shall be submitted
by the applicant:
(1)
An engineering inspection fee, payable to the Village of Hewlett
Bay Park, as specified in the fee schedule adopted by the Board of
Trustees.
(2)
Where streets or park areas are included within the proposed subdivision,
a formal offer of cession to the village of all such streets and park
areas, in a form approved by the Village Attorney, except where the
proposed final subdivision plat has a notation to the effect that
no offer of dedication of such street and park areas or any of them
is made to the public. The applicant shall deliver a deed to all such
lands in proper form for recording, together with a title policy for
the Village of Hewlett Bay Park in a sum not less than $10,000, which
sum shall be determined by the Planning Board before approval of the
final subdivision plat.
(3)
Where required by the Planning Board, a recreation fee, payable to
the Village of Hewlett Bay Park, in an amount specified by the Planning
Board.
(4)
A written agreement, in form satisfactory to the Village Attorney,
permitting entry by the village onto any streets, easements and park
areas for the purposes of inspecting and installing any required improvements
in the event of the failure of the applicant to make such installations
or to properly maintain such installations until such time as the
village assumes the responsibility for them.
H.
Final approval of subdivision plat. The Chairman or other duly authorized
member of the Planning Board shall endorse the Board's final approval
on the plat only after all other required conditions of the resolution
of approval, including the payment of all fees, having been complied
with. Said endorsement shall be by signature and dated on the original
of the plat, which shall be kept for filing and on a print of the
plat which shall be retained in the record files of the Planning Board.
I.
Filing plat with County Clerk. The approved plat shall be filed with
the Nassau County Clerk within 45 days of the date of Planning Board
signing. Simultaneously with the filing of the plat, the Secretary
to the Planning Board shall record the agreement of dedication, together
with such legal documents as shall be required to be recorded by the
Village Attorney.
