Whenever any subdivision, platting or replatting of land is proposed to be made and before any offer to sell any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his or her duly authorized agent shall apply for approval of such proposed subdivision, platting or replatting in accordance with the procedure set forth in this chapter. No person shall sell or otherwise convey any plot or parcel of real property unless the plot or parcel to be conveyed constitutes either a separate lot as shown on a subdivision plat which has been duly filed in the office of the Clerk of the County of Nassau or a parcel to be added to an existing lot in accordance with a subdivision plat which has been duly filed in the office of the Clerk of the County of Nassau. Any purported conveyance made in violation of this provision shall be void and of no effect.
A. 
Application for conditional approval of the preliminary layout. In order to secure adequate review of the proposed general arrangement of streets and lots before expense is incurred for detailed calculations, for the grading of land or for the construction of streets, prior to the filing of an application for the approval of a subdivision plat, the subdivider may file an application for the consideration of a preliminary layout of the proposed subdivision in the form prescribed in Article V hereof, together with improvement plans and other supplementary material as specified in said article and in accordance with the general requirements and design standards specified in Article IV. The preliminary layout shall in all respects comply with the requirements as set forth in said Article V hereof and with the provisions of § 7-728 of the Village Law, except where a variance may be specifically authorized by the Board of Trustees as provided in Article VII hereof. The application shall be accompanied by the fee for approval of a subdivision plat as set forth from time to time by resolution of the Board of Trustees.
[Amended 6-17-2014 by L.L. No. 8-2014]
B. 
Conceptual review.
[Amended 6-17-2014 by L.L. No. 8-2014]
(1) 
Prior to submitting an application for conditional approval of a preliminary layout, the applicant may request the Board of Trustees to conduct a conceptual review of the proposed subdivision. The request for such review shall be accompanied by the fee therefor as set forth from time to time by resolution of the Board of Trustees.
(2) 
The Superintendent of Buildings and Village Engineer shall review the proposed preliminary layout to ensure that each proposed lot complies with the requirements of the Village Code. The Superintendent of Buildings shall present the proposed preliminary layout to the Board of Trustees only after he or she is satisfied that the proposed plat does so comply with the Village Code. The application shall be deemed submitted to the Board of Trustees upon its presentation to the Board of Trustees by the Superintendent of Buildings at a regular meeting. In the event that the Village Code is amended during the pendency of the application in any respect which may apply to the proposed preliminary layout, the Board of Trustees shall suspend its review of the application and take no action with respect thereto until the Superintendent of Buildings has reviewed the proposed preliminary layout for compliance with the Village Code as amended. If the Superintendent of Buildings determines that the lots or any lot proposed on the preliminary layout does not comply with the Village Code as amended, the Superintendent of Buildings shall so report to the Board of Trustees, which shall thereupon deny the application for approval of the preliminary layout.
C. 
Number of copies. To allow the Board of Trustees ample time to study the submission and thus to expedite the procedure, 12 copies of the preliminary layout shall be presented to the Secretary of the Board of Trustees at least four weeks in advance of a regular meeting of the Board of Trustees.
[Amended 6-17-2014 by L.L. No. 8-2014]
D. 
Applicant to attend Board of Trustees meeting. The applicant, or his or her duly authorized representative, shall attend the next regular meeting of the Board of Trustees to discuss the preliminary layout. Failing the applicant's presence, the Board may defer consideration of the submission to the next regular meeting.
[Amended 6-17-2014 by L.L. No. 8-2014]
E. 
Study of layout. The Board of Trustees will carefully study the practicability of the preliminary layout, taking into consideration the requirements of the community and the best use of the land 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, the future development of adjoining lands as yet unsubdivided and the requirements of the Village Comprehensive Plan and the Official Map. The Board of Trustees shall hold a public hearing on the preliminary layout.
[Amended 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No. 8-2014]
F. 
Review of preliminary layout. Following review of the preliminary layout, the Board shall inform the subdivider of any changes which it may require and shall list the requirements, if any, which the Board may waive.
G. 
Time for approval or disapproval. Superseding § 7-728 of the Village Law insofar as it imposes a limitation upon the time within which the Board of Trustees must take action to conditionally approve, with or without modification, or disapprove a preliminary subdivision plat and anything to the contrary contained therein notwithstanding, the Board of Trustees shall take action to conditionally approve, with or without modification, or disapprove a preliminary subdivision plat within six months of its completed submission or of any public hearing held thereon, whichever shall be later, and shall not be required to act sooner. In the event that the Board of Trustees shall fail to so act within such period, the applicant may demand in writing that the Board of Trustees act, and if the Board of Trustees fails to do so within 30 days of such written demand the preliminary plat shall be deemed to be conditionally approved and the applicant shall be entitled to a certificate from the Village Clerk/Treasurer so stating.
[Amended 6-17-2014 by L.L. No. 8-2014]
A. 
Application for approval of subdivision plat. Whether or not the applicant has submitted a preliminary layout, he or she may file with the Board of Trustees an application for approval of a subdivision plat. Such plat may include all or part of the proposed subdivision as shown on the preliminary layout. Such application shall be filed on an application blank available from the Board of Trustees Secretary. (In other words, 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 has access to at least one street on the Official Map, which street shall be improved to the satisfaction of the Board of Trustees, or an approved street for which a bond has been filed under § 412-9A below. The application shall be accompanied by the fee for approval of a subdivision plat as set forth in § 412-25.
[Amended 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No. 8-2014]
B. 
Number of copies. Applicants intending to submit proposed subdivision plats for the approval of the Board of Trustees shall provide the Secretary of the Board with a copy of the application and required surveys, plans and data, one original, at least one duplicate tracing and 12 prints thereof, at least four weeks in advance of the meeting at which it is to be submitted.
[Amended 6-17-2014 by L.L. No. 8-2014]
C. 
When officially submitted.
[Amended 6-17-2014 by L.L. No. 8-2014]
(1) 
The subdivision plat shall be considered officially submitted only when all the required surveys, plans and data described in Article V hereof are provided with the application at a regular meeting of the Board of Trustees.
(2) 
The Superintendent of Buildings and Village Engineer shall review the proposed subdivision plat to ensure that each proposed lot complies with the requirements of the Village Code. The Superintendent of Buildings shall present the proposed subdivision plat to the Board of Trustees only after he or she is satisfied that the proposed lots do so comply. In the event that the Village Code is amended during the pendency of the application in any respect which may apply to the proposed subdivision plat, the Board of Trustees shall suspend its review of the application and take no action with respect thereto until the Superintendent of Buildings has reviewed the proposed subdivision plat for compliance with the Village Code as amended. If the Superintendent of Buildings determines that the lots or any lot proposed on the proposed subdivision plat does not comply with the Village Code as amended, the Superintendent of Buildings shall so report in writing to the Board of Trustees, which shall thereupon deny the application for approval of the proposed subdivision plat.
D. 
Review by county.
(1) 
Review by County Planning Commission. Where required by the General Municipal Law, the application shall be forwarded to the Nassau County Planning Commission for its review.
[Amended 9-21-2010 by L.L. No. 1-2010]
(2) 
Endorsement of County Health Department. The proposed subdivision plat shall be properly endorsed and approved by the County Health Department. Such endorsement and approval shall be secured by the subdivider before any public hearing is scheduled.
E. 
Notice to adjacent municipality. When an application for subdivision review involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Board of Trustees shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Added 9-21-2010 by L.L. No. 1-2010; amended 6-17-2014 by L.L. No. 8-2014]
F. 
Floodplain review. In any case where an application indicates that the property is in a special flood hazard area, the foregoing provisions of this section shall not initially apply, and the applicant shall be directed to file an application with the Superintendent of Buildings for flood hazard reduction review. No further action shall be taken on the application until a development permit indicating compliance with flood hazard reduction provisions is obtained. Upon issuance of a development permit, the foregoing provisions of this section shall then apply. Failure to obtain a development permit shall preclude any further action on an application under this or any other chapter of this Code.[1]
[1]
Editor's Note: See also Ch. 237, Flood Damage Prevention.
G. 
Public hearing. Before the Board of Trustees will act on any subdivision plat, it will hold a public hearing thereon in accordance with § 7-728 of the Village Law. Notice of this hearing will be duly published and, in addition, will be mailed by certified mail, return receipt requested, at least 10 days in advance of the hearing to all owners of property located within a three-hundred-foot radius of the proposed subdivision as such names shall appear in the records of the Nassau County Assessor's office and to such other persons as the Board may deem to be particularly affected, all at the expense of the applicant.
[Amended 6-17-2014 by L.L. No. 8-2014]
H. 
Time for approval. Superseding § 7-728 of the Village Law insofar as it imposes a limitation upon the time within which to approve, modify and approve or disapprove a subdivision plat in final form and anything to the contrary contained therein notwithstanding, the Board of Trustees shall approve, modify and approve, or disapprove a subdivision plat in final form within six months of its submission or of any public hearing held thereon, whichever shall be later, and shall not be required to act sooner. In the event that the Board of Trustees shall fail to so act within such period, the applicant may demand in writing that the Board of Trustees act, and if the Board of Trustees fails to do so within 30 days of such written demand the plat shall be deemed approved and the applicant shall be entitled to a certificate from the Village Clerk/Treasurer so stating. No approval, whether by action of the Board of Trustees or certificate of the Village Clerk/Treasurer, shall be deemed final and the subdivision plat shall not be signed by the authorized officers for recording until the subdivider shall have complied with the provisions of § 412-9 of this article.
[Amended 6-17-2014 by L.L. No. 8-2014]
[Amended 6-17-2014 by L.L. No. 8-2014]
In order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of an application for preliminary or final approval of a subdivision plat shall be borne by the applicant, the applicant shall, upon the submission of an application pursuant to § 412-5 of this chapter, deposit with the Village Clerk/Treasurer a sum in an amount as set forth from time to time by resolution of the Board of Trustees. The requirements of this section shall be strictly enforced by the Board of Trustees and the Superintendent of Buildings, and no certificate of occupancy shall be granted until all of the fees required to be paid pursuant to this section have been paid.
A. 
Following approval of the subdivision plat by the Board of Trustees, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below.
(1) 
The subdivider shall file with the Village Clerk/Treasurer a letter of credit or bond, the choice of which shall be determined by the Board of Trustees, to cover the full cost of the required improvements, in an amount set by the Village Engineer. Such letter of credit or bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. The bond shall provide that an amount, to be determined by the Village Engineer to be adequate, shall be retained for a period of one year from the date of completion of the required improvements to assure the satisfactory condition of the initial improvements. If the bond is not filed within 45 days of the approval granted in § 412-7H above, the plat shall be deemed disapproved. All required improvements shall be completed to the satisfaction of the Village Engineer within four months after the date of initial title transfer with respect to any lot or dwelling fronting on a street shown on the subdivision plat; failing which, the Board of Trustees may order such improvements to be installed and charge the expense thereof to the subdivider. In the case of exceptionally large subdivisions or where other circumstances require, the Board of Trustees 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 letter of credit or bond shall be released only upon certification by the Village Engineer that all the required improvements have been completed to his or her satisfaction.
[Amended 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No. 8-2014]
(2) 
The subdivider shall complete all required improvements to the satisfaction of the Village Engineer before any building permits will be issued. If such improvements are not completed within one year of the approval granted in § 412-7H above, the plat shall be deemed disapproved. The subdivider shall file with the Village Clerk/Treasurer a letter of credit or bond, the choice of which shall be determined by the Board of Trustees, in an amount determined by the Village Engineer to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Such letter of credit or bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety.
B. 
The Village will employ inspectors to assure that all Village specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Board of Trustees.
[Amended 6-17-2014 by L.L. No. 8-2014]
(1) 
If the applicant elects to install such improvements before the final approval of the plat, he or she shall do so at his or her own risk. If notified in writing of an intention so to proceed, the Board of Trustees will assign an inspector; however, approval of improvements by such inspector shall not bind the Board of Trustees to approve any plat submitted subsequently. In such case, the applicant shall pay the Village, prior to approval of this procedure, an amount equal to 1 1/2% of the cost of the proposed improvements, as estimated by the Village Engineer, to cover the cost of the inspection.
(2) 
If a letter of credit is to be given to assure completion of such improvements, the Board of Trustees will assign an inspector to assure such satisfactory completion. The developer shall pay the Village an amount equal to 1 1/2% of the amount of the bond to cover the cost of such inspection. The developer or his or her duly authorized representative shall be present at any time any road or utility work is in progress.
C. 
As to utilities required by the Board of Trustees, the Board of Trustees may accept assurance, in writing, from each public utility company whose facilities are proposed to be installed addressed to the Board of Trustees and stating that such public utility company will make the installations necessary for the furnishing of its services, in accordance with the subdivision plat, within the time therein specified and satisfactory to the Board of Trustees.
[Amended 6-17-2014 by L.L. No. 8-2014]
D. 
The subdivision plat shall be endorsed with the necessary agreements in connection with required easements or other releases.
E. 
If the Board of Trustees, or its agent, 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. No plat which may be an extension, part or section 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 for approval. As a condition for the approval of such plat, the Board of Trustees shall require that the conditions of the former agreement be met by the subdivider before the Board of Trustees shall take action on the plat.
[Amended 6-17-2014 by L.L. No. 8-2014]
[Amended 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No. 8-2014]
A. 
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 Chairperson and Secretary of the Board of Trustees (or, in their absence, by the Acting Chairperson and Acting Secretary) and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved, or considered approved by reason of the failure of the Board of Trustees to act, shall become null and void as provided in § 7-728 of the Village Law.
B. 
No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Board of Trustees and endorsed, in writing, on the plat, unless said plat is first resubmitted to the Board of Trustees. 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 of Trustees shall institute proceedings to have the plat stricken from the records of the County Clerk.
[Amended 9-21-2010 by L.L. No. 1-2010; 6-17-2014 by L.L. No. 8-2014]
A. 
The approval by the Board of Trustees of a subdivision plat shall not be deemed to constitute or be evidence of an acceptance by the Village of any street shown on such subdivision plat.
B. 
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 Village of such area. The Board of Trustees may require the plat to be endorsed with appropriate notes to this effect. The Board of Trustees may also require the filing of a written agreement between the applicant and the Board of Trustees covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.
The provisions of the Sanitary Sewer Reserve Fund Law as the same is set forth in § 385-36 of this Code are applicable to all applications under this chapter.