The Planning Board shall not have authority
to vary or waive any of the provisions of this article.
Except where otherwise provided in this chapter,
all work shall conform to the specifications effective on the date
of approval of the plans for such work.
[Amended 1-19-2005 by L.L. No. 1-2005; 11-17-2021 by L.L. No. 4-2021]
A.
Upon written application on a form provided by the Village therefor,
and pursuant to Real Property Law § 334-a, the Planning
Board may grant a waiver of any requirement for approval of a subdivision
application. In granting any such waiver, the Board may also waive
any requirement for a public hearing for such subdivision approval.
B.
Upon written application upon a form provided by the Village therefor,
in any case where a proposed subdivision (as defined in this Code)
involves physical improvements to be made on a site consisting of
no more than one existing lot, plot, site or unit, the Planning Board,
upon a determination that the proposed improvements are minor, may,
but shall not be required to, waive any requirement for a public hearing
before approving such proposed subdivision.
C.
Any application for a waiver pursuant to this section shall be accompanied by a nonrefundable fee as set forth in Chapter 130, Fees, for each lot contained in a subdivision for which such requirement is waived.
D.
In granting any application for waiver of subdivision approval or
waiver of public hearing pursuant to this section, the Board may grant
such relief in whole or in part, and impose reasonable conditions.
A.
Except where expressly prohibited by this Code, where
the Board determines that special circumstances or conditions exist
relating to a particular plat, the Board may vary such of the requirements
of this chapter with respect to the details of development of a subdivision
as the Board determines are not requisite in the interest of the public
health, safety or general welfare. No such variance shall be granted
without a public hearing. Any such variance may be granted upon reasonable
terms and conditions.
B.
When making a determination to vary any provision
of this chapter, the Board shall consider the prospective character
of the development and the permissible density of population according
to the applicable zoning regulations.
C.
Notwithstanding the provisions of this section, the
Board shall not have authority to vary or dispense with any requirement
for or with respect to a public hearing where such hearing is required
by law, nor to vary or dispense with any provisions of any chapter
of the Village Code other than the provisions contained in this chapter.
In the event that any work is being performed
in violation of any provision of this chapter or in violation of the
conditions of any subdivision approval, the Code Enforcement Officer
may issue such orders as may be deemed necessary to enforce such provisions,
including stop-work orders. Any such order may be appealed in writing
to the Board of Appeals in the same manner as provided for appeals
from determinations of the Code Enforcement Officer pursuant to the
Zoning Code.[1]
A.
Any person, firm or entity who or which shall violate
any of the provisions hereof shall be guilty of a violation.
B.
Each day on which a violation occurs shall be considered
a separate violation.
C.
Each violation shall be punishable as provided in § 1-12 of this Code.
[Amended 1-19-2005 by L.L. No. 1-2005]
D.
In addition to the foregoing, the provisions of this
chapter may be enforced by civil action in which any appropriate remedy,
including injunctive relief, may be obtained. Any such civil action
to enforce the provisions hereof may be authorized by the Mayor or
Board of Trustees and shall be brought in the name of the Village.
[Amended 11-16-2005 by L.L. No. 6-2005[1]]
A.
The Village shall employ persons to ensure the satisfactory
completion of improvements required by the Village, including, but
not limited to, public improvements, utilities, landscaping and lighting.
If the applicant elects to install such improvements prior to the
final approval of the plat, the applicant shall notify the Board,
in writing, and an inspector will be assigned thereto.
B.
If a bond is to be given to ensure completion of such
improvements, the Village will assign an inspector to ensure such
satisfactory completion after final approval of the plat.
C.
The applicant shall pay to the Village the cost of
such inspections. When not installed prior to final approval, the
reasonable cost of such inspection is hereby determined to be $500
for the first $10,000 of the cost of the required improvements or
of their estimated cost, as established by the Board, and 3% of the
excess over $10,000. When installed prior to final approval, the inspection
fee shall be 1/3 of the foregoing amount.
D.
No permanent certificate of occupancy or completion
and no other required approval shall be issued by the Village unless
all fees, including inspection fees, shall have been paid.
[1]
Editor's Note: This local law was amended
1-18-2006 by L.L. No. 1-2006 to provide that its provisions would
take effect immediately upon adoption and filing and to delete the
six-month period of effectiveness.
Where a site located in an R-3 District has received authorization for incentive zoning or bonuses, as provided in § 215-12 of this Code, the following provisions shall be applicable and shall supersede any inconsistent provisions of this chapter.
A.
The location of driveways (including curb cuts, location
on lots, turnaround areas and location of connection to residences)
may be revised depending upon the particular home to be built on a
particular lot. The width of driveways may be other than that otherwise
required by the Village, with the approval of the Code Enforcement
Officer.
B.
Trees and other landscaping designated on an approved
subdivision or site plan to remain after construction may be removed
in order to facilitate the construction of permitted enlargements
to previously approved dwellings and accessory structures, swimming
pools, whirlpools, decks, patios, gazebos and other accessory structures
permitted under the Village Code, upon a determination by the Building
Department that such removal is necessary because the trees constitute
an interference with reasonable construction. Such determination shall
be made by the Building Department within seven business days after
application therefor.
C.
No subdivision or site plan approval shall require
or include any plan for landscaping or plantings to be located within
the boundaries of any individual lot within the project, and any such
requirement contained in an existing approval shall be null and void.
No performance or maintenance bond shall be required as a condition
of approval of a subdivision or site plan, or amendment thereof, with
respect to landscaping or plantings to be located within boundaries
of any individual lot within the project. In the event that any such
bond requirement exists at the time of approval of such zoning incentives
or bonuses, the Planning Board shall, upon application, amend any
such bond requirement and eliminate any existing requirement for a
performance or maintenance bond with respect to such lot landscaping
or plantings.
D.
The Planning Board shall not have authority to waive
or vary any provision of this section.
The Board shall have jurisdiction to approve
subdivisions located in whole or in part outside the Village where
the approval of the Village is required by law for such subdivisions.
The procedures for approval of such subdivisions shall be established
by the Board, and the fees for any application for such approval may
be established by the Board of Trustees by resolution.
[Amended 9-25-1996 by L.L. No. 16-1996; 1-29-1997 by L.L. No. 1-1997; 8-27-1997 by L.L. No. 10-1997; 1-21-1998 by L.L. No. 1-1998; 10-21-2015 by L.L.
No. 3-2015]
Where an application to the Planning Board requires a public
hearing, such application shall include an area map in the form and
style as is required for applications before the Board of Appeals
(showing the location of all properties within the radius of required
notice and the names of the owners of such properties). Notice of
such hearing shall be given as follows, except that where another
specific provision of law, or of this Code, or of the rules of the
Planning Board, specifies a greater number of persons to whom, or
a more extensive manner in which, notice shall be sent, in which event
all such provisions shall be given effect, the intent being to give
the greatest notice required by law. Nothing herein should be construed
as preventing the Planning Board from giving, or requiring an applicant
to give, notice greater than that provided herein.
A.
At least 10 calendar days prior to such hearing, the Village shall
publish notice of such hearing in the official newspaper. The Village
shall also give such other notice as is required by law to be given
by the Village.
B.
At least 10 business days prior to such hearing, the applicant shall
give notice of such hearing, in a form supplied by the Village, to
the record owners of property (including any condominium units) any
part of which is located within 250 feet of any part of the property
which is the subject of the application. Such notice shall be sent
to the record owners as shown on the Village tax rolls or Village
assessment map, or if none as shown on the County assessment roll.
(1)
Such notice shall be given by certified mail, return receipt requested.
(2)
Proof of service of such notice shall be filed with the Clerk at
least four business days prior to the public hearing, and all available
mailing receipts shall be filed at or before the commencement of the
public hearing.
C.
The Planning Board shall not have authority to waive or vary any
provision of this section.
A.
Definition of "special use permit." As used in this
chapter, the term "special use permit" shall mean an authorization
of a particular land use which is permitted by this Code, subject
to requirements imposed upon such authorization to assure that the
proposed use is in harmony with the provisions and purposes of this
code and will not adversely affect the neighborhood if such conditions
are met.
B.
The Planning Board shall not have power to grant any
special permit, except where expressly authorized by this chapter
to do so.
C.
The Planning Board shall not have authority to waive
or vary any provision of this section.
The failure or omission of the Planning Board
to make a determination with respect to an application shall not constitute
approval of such application.
[Amended 11-17-2021 by L.L. No. 5-2021]
A.
In any case where a determination of the Planning Board requires
an act to be commenced, performed or completed within a specific period
of time, or on or before a specific date, the Planning Board may consider
and approve an application for extension of such period of time or
date as provided in this section. Any such approval may include reasonable
conditions.
B.
No application pursuant to this section may include any request for
relief other than an extension of such period of time, or date.
C.
Any such application shall be made in writing, upon a form provided
by the Village for such purpose.
D.
The Planning Board may, in its sole discretion, act with respect
to such extension application with, or without, a public hearing.
Except where otherwise required by law, the Planning Board may waive
in whole or in part otherwise applicable requirements for mailing
of legal notice of such hearing. This section shall not authorize
the Board to extend or change the time periods for notice of any public
hearing as required by this chapter or any other law.
In granting approval of a subdivision, the Board
may permit the plat to be subdivided and developed in two or more
sections and may in its resolution of approval state that such requirements
as it deems necessary to ensure the orderly development of the plat
be completed before said sections may be signed as required by this
chapter. 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 Board.
Where appropriate, the Clerk shall make appropriate
arrangements for referral to the Nassau County Planning Commission
of all applications within the jurisdiction of that Commission as
provided in General Municipal Law § 239-l, 239-m and/or
239-n.
[Amended 9-25-1996 by L.L. No. 16-1996]
The final approval of a plat as provided in
this chapter, or the approval by the Board of the development of a
plat or plats already filed in the office of the Nassau County Clerk
if such plats are entirely or partially undeveloped, shall expire
within 90 days from the date of such approval, unless within such
ninety-day period such plat or section thereof shall be duly filed
or recorded in the office of the Nassau County Clerk. In the event
that only a section of such approved plat shall be filed with the
Nassau County Clerk, the entire approved plat shall be filed within
30 days of the filing of such section with the Village Clerk of each
Village in which any portion of land described in such 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 § 7-709 of the
Village Law to the extent that such provisions may be applicable.
With the approval of the Board, the owner of
all of the property included within an approved subdivision may abandon
such subdivision pursuant to the provisions of § 560 of
the Real Property Tax Law.
Any person aggrieved by any determination of
the Planning Board or any officer, department, board or bureau of
the Village pursuant to this chapter, for which no other appeal is
provided, may apply to the Supreme Court for a review by a proceeding
pursuant to Article 78 of the Civil Practice Law and Rules.
A.
Such proceeding shall be commenced within 30 days
after the filing of the decision of the Board or the rendition of
any determination of such officer, department, board or bureau which
is sought to be reviewed.
B.
The Court in such proceeding may take evidence or
appoint a referee to take such evidence as it may direct and report
the same, with findings of fact and conclusions of law, if it shall
appear that testimony is necessary for the proper disposition of the
matter.
C.
The Court shall itself dispose of the matter on the
merits, determining all questions which may be presented for determination.
D.
Costs shall not be allowed against the Village, board,
officer, department or bureau in any such proceeding.
In the event that any provision of this chapter
is inconsistent with the provisions of the Village Law, it is the
intention of this chapter to supersede such provisions of the Village
Law as permitted by the provisions of the Municipal Home Rule Law.
In the event that any portion of this chapter
shall be adjudged or determined to be invalid for any reason, such
adjudication or determination shall not affect the validity of any
other part or portion of this chapter. In the event that any provision
of this chapter shall conflict with or be inconsistent with any other
provision of such chapter, the more restrictive such provision shall
prevail to the extent of such inconsistency.
