§ 7-728. Subdivision review; approval of plats; development
of filed plats.
| ||||||
1.
|
Purpose. For the purpose of providing for the future growth
and development of the Village and affording adequate facilities for
the housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population, the Village Planning Board shall
have authority to approve preliminary and final plats of subdivisions
showing lots, blocks or sites, with or without streets or highways.
This authority shall include approval of preliminary and final plats
of property wholly or partially outside the Village where the Village
Planning Board has jurisdiction with respect to such subdivision approval
and the authority to grant waivers of subdivision requirements pursuant
to Real Property Law § 334-a.
| |||||
2.
|
Authorization for review of previously filed plats. For the
same purposes and under the same conditions, the Planning Board may
approve the development of plats, entirely or partially undeveloped,
which were filed with the Nassau County Clerk prior to the appointment
of such Planning Board. The term "undeveloped" shall mean those plats
where 20% or more of the lots within the plat are unimproved unless
existing conditions, such as poor drainage, have prevented their development.
| |||||
3.
|
Filing of certificate. The Village Clerk shall promptly file
with the Nassau County Clerk a certificate attesting that the Planning
Board has the power to approve plats or grant waivers as provided
in this section.
| |||||
4.
|
Definitions. When used in this article, the following terms
shall have the respective meanings set forth herein except where the
context shows otherwise:
| |||||
(a)
|
"Subdivision" means the division of any parcel of land into
a number of lots, blocks or sites as specified in a law, rule or regulation,
with or without streets or highways, for the purpose of sale, transfer
of ownership, or development. The term "subdivision" shall include
any alteration of lot lines or dimensions of any lots or sites shown
on a plat previously approved and filed in the office of the county
clerk or register of the county in which such plat is located.
| |||||
(b)
|
"Preliminary plat" means a drawing prepared in a manner prescribed
by the Village Code or rule of the Planning Board showing the layout
of a proposed subdivision, including, but not restricted to, road
and lot layout and approximate dimensions, key plan, topography and
drainage, all proposed facilities, including preliminary plans and
profiles, at suitable scale and in such detail as such Code or rule
may require.
| |||||
(c)
|
"Preliminary plat approval" means the approval of the layout
of a proposed subdivision as set forth in a preliminary plat but subject
to the approval of the plat in final form in accordance with the provisions
of this section.
| |||||
(d)
|
"Final plat" means a drawing prepared in a manner prescribed
by the Village Code or rule of the Planning Board that shows a proposed
subdivision, containing in such additional detail as shall be provided
by such Code or rule all information required to be shown on a preliminary
plat and the modifications, if any, required by the Planning Board
at the time of approval of the preliminary plat if such preliminary
plat has been so approved.
| |||||
(e)
|
"Conditional approval of a final plat" means approval by the
Planning Board of a final plat subject to conditions set forth by
the Planning Board in a resolution conditionally approving such plat.
Such conditional approval does not qualify a final plat for recording
nor authorize issuance of any building permits prior to the signing
of the plat by a duly authorized officer of the Planning Board and
recording of the plat in the office of the county clerk or register
as herein provided.
| |||||
(f)
|
"Final plat approval" means the signing of a plat in final form
by a duly authorized officer of the Planning Board pursuant to a Planning
Board resolution granting final approval to the plat or after conditions
specified in a resolution granting conditional approval of the plat,
or in a resolution granting final approval of the plat, are completed.
Such final approval qualifies the plat for recording in the office
of the county clerk or register in the county in which such plat is
located.
| |||||
5.
|
Approval of preliminary plats.
| |||||
(a)
|
Submission of preliminary plats. Unless otherwise authorized
by the Planning Board, all plats shall be submitted to the Planning
Board in the form of a preliminary plat for consideration. Such a
preliminary plat shall be clearly marked "preliminary plat" and shall
conform to the definition provided in this section.
| |||||
(b)
|
Coordination with the State Environmental Quality Review Act.[1] The Planning Board shall comply with the provisions of
the State Environmental Quality Review Act (SEQRA) (and its implementing
regulations).
| |||||
(c)
|
Receipt of a complete preliminary plat. A preliminary plat shall
not be considered complete until a negative declaration has been filed
with respect to such plat by the Planning Board or other agency acting
as lead agency in a coordinated review, or until a notice of completion
of a final environmental impact statement has been filed in accordance
with SEQRA. The time periods for hearing or review of a preliminary
plat shall begin upon filing of such negative declaration or such
notice of completion, except that when an agency other than the Planning
Board of the Village of Great Neck Estates is the lead agency the
time period for review of a preliminary plat shall begin upon filing
of a negative declaration or such notice of completion, or certification
by the Chair of the Planning Board that the application is complete,
whichever last occurs.
| |||||
(d)
|
Planning Board as lead agency under SEQRA; public hearing; notice;
decision.
| |||||
(i)
|
Public hearing on preliminary plats. To the extent feasible,
the Planning Board public hearing on the preliminary plat shall be
coordinated with any hearings the Planning Board may schedule pursuant
to SEQRA, as follows:
| |||||
(1)
|
If the Planning Board determines that the preparation of an
environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall commence within 45 days after
the receipt of a complete preliminary plat application; or
| |||||
(2)
|
If the Planning Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
shall commence within 60 days after the issuance of a negative declaration
or the acceptance of the final environmental impact statement in accordance
with the provisions of SEQRA.
| |||||
(ii)
|
Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in the Village official newspaper
at least 14 days before the commencement of such hearing. The Planning
Board may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board at such time as the Planning Board
shall determine that all interested persons have been heard or given
an opportunity to be heard.
| |||||
(iii)
|
Decision. The Planning Board shall approve, with or without
modification, or disapprove such preliminary plat within 62 days after
the closing of the public hearing.
| |||||
(iv)
|
Grounds for decision. The grounds for a modification, if any,
or 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, any modifications it deems necessary for submission
of the plat in final form.
| |||||
(e)
|
Planning Board not as lead agency under SEQRA; public hearing;
notice; decision.
| |||||
(i)
|
Public hearing on preliminary plats. With the consent and agreement
of the lead agency, the Planning Board may hold the public hearing
on the preliminary plat jointly with the lead agency's hearing
on the draft environmental impact statement. Absent such agreement
or consent, or if no public hearing is held on the draft environmental
impact statement, the Planning Board shall commence the public hearing
on the preliminary plat within 45 days after receipt of a complete
preliminary plat.
| |||||
(ii)
|
Public hearing; notice. The hearing on the preliminary plat
shall be advertised at least once in the Village official newspaper
at least 14 days before the commencement of such hearing. The Planning
Board may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board at such time as the Planning Board
shall determine that all interested persons have been heard or given
an opportunity to be heard.
| |||||
(iii)
|
Decision. The Planning Board shall by resolution approve with
or without modifications, or disapprove, the preliminary plat within
62 days after the close of the public hearing.
| |||||
(iv)
|
Grounds for decision. The grounds for a modification, if any,
or the grounds 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 any modifications it deems necessary
for submission of the plat in final form.
| |||||
(f)
|
Certification and filing of preliminary plat. Within 10 business
days after the adoption of a resolution granting approval of such
preliminary plat, with or without conditions, such plat shall be certified
by the Village Clerk as having been granted preliminary approval and
a copy of the plat and resolution shall be filed in such Clerk's
office. A copy of the resolution shall be mailed to the owner, and
also to any person who has filed a request for such copy together
with a postage prepaid addressed mailing envelope.
| |||||
(g)
|
Filing of decision on preliminary plat. Within 10 business days
after the date of the adoption of the resolution stating the decision
of the Planning Board on the preliminary plat, the Chair or other
duly authorized member of the Planning Board shall cause a copy of
such resolution to be filed in the office of the Village Clerk.
| |||||
(h)
|
Revocation or lapse of approval of preliminary plat. Within
six months after the adoption of a resolution approving a preliminary
plat, with or without conditions, the owner must submit the plat in
final form. If the final plat is not submitted in such form within
such six months, or within such longer period of time as may be authorized
by the Planning Board upon written application, the approval of the
preliminary plat shall lapse and expire.
| |||||
6.
|
Approval of final plats.
| |||||
(a)
|
Submission of final plats. Final plats shall conform to the
definition provided by this section.
| |||||
(b)
|
Final plats which are in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems to be in substantial agreement with a preliminary plat
approved pursuant to this section, the Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat within
62 days of its receipt by the clerk of the Planning Board.
| |||||
(c)
|
Final plats when no preliminary plat is required to be submitted;
receipt of complete final plat. When no preliminary plat is required
to be submitted, a final plat shall not be considered complete until
a negative declaration has been filed or until a notice of completion
of the final environmental impact statement has been filed in accordance
with the provisions of SEQRA. The time periods for review of such
plat shall begin upon filing of such negative declaration or such
notice of completion, except that when an agency other than the Planning
Board is the lead agency for SEQRA review, the time periods shall
not begin until certification by the Planning Board Chair that the
application is complete.
| |||||
(d)
|
Final plats not in substantial agreement with approved preliminary
plats; or when no preliminary plat is required to be submitted. When
a final plat is submitted which the Planning Board deems not to be
in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section the following shall apply:
| |||||
(i)
|
Planning Board as lead agency; public hearing; notice; decision.
| |||||
(1)
|
Public hearing on final plats. The time within which the Planning
Board shall commence a public hearing on such final plat shall be
coordinated with any hearings the Planning Board may schedule pursuant
to SEQRA, as follows:
| |||||
(a)
|
If such board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat
not in substantial agreement with a preliminary plat, or on a final
plat when no preliminary plat is required to be submitted, shall commence
within 62 days after the receipt of a complete final plat by the clerk
of the Planning Board; or
| |||||
(b)
|
If such board determines that an environmental impact statement
is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly commencing within
62 days after the filing of the notice of completion of such draft
environmental impact statement. If no public hearing is held on the
draft environmental impact statement, the public hearing on the final
plat shall commence within 62 days following receipt of the complete
final plat application.
| |||||
(2)
|
Public hearing; notice. The hearing on the final plat shall
be advertised at least once in the Village official newspaper at least
14 days before the commencement of such hearing. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board at such time as the Planning Board shall determine
that all interested persons have been heard or given an opportunity
to be heard.
| |||||
(3)
|
Decision. The Planning Board shall make its decision on the
final plat within 62 days after the conclusion of the public hearing.
| |||||
(4)
|
Grounds for decision. The grounds for a modification, if any
or the grounds for disapproval shall be stated upon the records of
the Planning Board.
| |||||
(ii)
|
Planning Board not as lead agency; public hearing; notice; decision.
| |||||
(1)
|
Public hearing. With the consent and agreement of the lead agency,
the Planning Board may hold the public hearing on the final plat jointly
with the lead agency's hearing on the draft environmental impact
statement. Absent such agreement or consent, or if no public hearing
is held on the draft environmental impact statement, the Planning
Board shall commence the public hearing on the final plat within 45
days after receipt of a complete final plat.
| |||||
(2)
|
Public hearing; notice. The hearing on the final plat shall
be advertised at least once in the Village official newspaper at least
14 days before the commencement of such hearing. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon determination
by the Planning Board that all interested persons have been heard
or given an opportunity to be heard.
| |||||
(3)
|
Decision. The Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such final plat within 62 days
after the close of the public hearing on the final plat.
| |||||
7.
|
Approval and certification of final plats.
| |||||
(a)
|
Certification of plat. Within 10 business days after adoption
of the resolution granting conditional or final approval of the final
plat, such plat shall be certified by the Clerk of the Planning Board
as having been granted conditional or final approval and a copy of
such resolution and plat shall be filed in such Clerk's office.
A copy of the resolution shall be mailed to the owner, and to such
other persons who shall have requested such copy and provided a postage-paid
mailing envelope. In the case of a conditionally approved plat, such
resolution shall include a statement of the requirements which, when
completed, will authorize the signing thereof. Upon completion of
such requirements, the plat shall be signed by said duly authorized
officer of the Planning Board and a copy of such signed plat shall
be filed with the Village Clerk.
| |||||
(b)
|
Approval of plat in sections. In granting conditional or final
approval of a plat in final form, the Planning Board may permit the
plat to be subdivided and developed in two or more sections and may
in its resolution granting conditional or final approval state that
such requirements as it deems necessary to insure the orderly development
of the plat be completed before said sections may be signed by the
duly authorized officer of the Planning Board. Conditional or final
approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
| |||||
(c)
|
Duration of conditional approval of final plat. Conditional
approval of the final plat shall lapse and expire within 180 days
after the adoption of the resolution granting such approval unless
all requirements stated in such resolution have been certified as
completed. The Planning Board may extend for periods of not more than
90 days each the time in which a conditionally approved plat must
be submitted for signature if, in the Planning Board's opinion,
such extension is warranted by the particular circumstances.
| |||||
8.
|
Default approval of preliminary or final plat. Notwithstanding
any other provision of law, no preliminary or final plan shall be
deemed approved upon default, or under any other circumstance other
than the affirmative vote of a majority of the Planning Board in favor
of a resolution to grant such approval.
| |||||
9.
|
Filing of decision on final plat. Within 10 business days after
the date of the adoption of the resolution stating the decision of
the board on the final plat, the Chair or other duly authorized member
of the Planning Board shall cause a copy of such resolution to be
filed in the office of the Village Clerk.
| |||||
10.
|
Notice to county planning body or agency or regional planning
council, or other state or local agency.
| |||||
(a)
|
When a county planning body or agency or a regional planning
council has been authorized to review subdivision plats pursuant to
§ 239-n of the General Municipal Law, the Village Clerk
or other authorized officer of the Village shall refer all applicable
preliminary and final plats to such county body or agency or regional
planning council as provided in that section.
| |||||
(b)
|
When any other state or local government agency is entitled
pursuant to state law to notice of an application for approval of
a subdivision plat, the Village Clerk or other authorized officer
of the Village shall provide such notice to each other such agency.
| |||||
11.
|
Filing of final plat; expiration of approval.
| |||||
(a)
|
The owner shall file in the office of the county clerk or register
such approved final plat or a section of such plat within 62 days
after the date of final approval, or such later date as may be authorized
by determination of the Planning Board upon written application. In
the event such timely filing does not occur, such approval shall lapse
and expire.
| |||||
(b)
|
For the purposes of this section, the following shall constitute
final approval:
| |||||
(i)
|
The signature of the duly authorized officer of the Planning
Board certifying final approval by the Planning Board of a plat as
herein provided; or
| |||||
(ii)
|
The approval by the Planning Board of the development of a plat
or plats already filed in the office of the county clerk or register
of the county in which such plat or plats are located if such plats
are entirely or partially undeveloped.
| |||||
In the event the owner shall file only a section of such approved
plat in the office of the county clerk or register, the entire approved
plat shall be filed within 30 days of the filing of such section with
the Village Clerk in each village in which any portion of the land
described in the plat is situated. Such section shall encompass at
least 10% of the total number of lots contained in the approved plat,
and the approval of the remaining sections of the approved plat shall
expire unless said sections are filed before the expiration of the
exemption period to which such plat is entitled under the provisions
of Village Law § 7-708.
| ||||||
12.
|
Subdivision abandonment. The owner of an approved subdivision
may abandon such subdivision pursuant to the provisions of § 560
of the Real Property Tax Law or any other applicable State law.
|