This article shall be known as and cited as the "Planning Board
Law" of the Incorporated Village of Malverne.
The Planning Board of the Village of Malverne is hereby authorized
and empowered to:
A. Upon the request of the Board of Trustees, study, report and make
recommendations on any proposed final action to be taken by the Board
of Trustees:
(1) Change
or add to the Official Map of the Village so as to create or abandon
streets, highways or parks or to change the Village Zoning Map or
the Village Code provisions on zoning and related matters;
(2) Adopt
or change any map of the Village or any part thereof relating to extensions
or relocations into new areas of primary elements of the storm drainage
or sanitary sewerage systems or the water distribution pipe system,
but excluding replacements or reinforcements to meet operating problems;
(3) Act
with respect to the location and site plan for public buildings and
the location and development of bridges, statues or monuments, parking
areas, parks, parkways, squares, playgrounds or recreation grounds
or public open spaces in the Village; and
(4) Preliminarily
approve site plans where permitted by law.
B. Approve plats showing lots, blocks or sites, with or without streets
or highways, and conditionally approve preliminary plats.
C. Approve subdivision applications submitted pursuant to Village Law
§ 7-728.
D. Advertise and hold public hearings when the Planning Board desires
or when required by law or the Planning Board's rules and regulations.
E. Consider changes to the rules and regulations relating to any subject
matter over which the Planning Board has jurisdiction, after a public
hearing. Recommendations for changes to the rules and regulations
shall be made to the Board of Trustees, and adoption shall be by local
law.
F. Make recommendations to the Board of Trustees on monetary payments
in lieu of land donations in new subdivisions, pursuant to Village
Law § 7-730, Subdivision (4)(c).
G. Require such performance bonds, letters of credit, insurance and
warranties as may be provided for under Article 7 of the Village Law.
H. Subject to the advance approval of the Board of Trustees, employ
experts, clerks and a secretary and pay for the services and such
other expenses as may be necessary and proper, not exceeding in all
the appropriations which may be made for the Planning Board by the
Board of Trustees.
I. Impose such reasonable conditions and safeguards as it may deem appropriate
in connection with the approval of any application.
J. Consider and report on such other matters as may from time to time
be referred to the Planning Board by the Board of Trustees.
K. Exercise such further powers as may be delegated by resolution or
local law adopted or enacted by the Board of Trustees or conferred
on Planning Boards by state law.
Assistance to the Planning Board. Such Board shall have the
authority to call upon any department, agency or employee of the Village
or to seek consultation or professional assistance (including but
not limited to engineering, architectural and legal). All applicants
under this article shall be required to pay the cost associated with
such consultants or professionals. No subdivision approval or building
permit shall be issued pursuant to the provisions of this chapter
until the applicant reimburses the Village for all such expenses.
At the time of application, and throughout the review process, the
Planning Board or the Superintendent of Buildings may require an applicant
to deposit with the Village Clerk such amounts to cover such fees
and expenses. In instances where such expenses are minimal, the requirement
for reimbursement of expenses may be waived by the Planning Board.