[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 10-17-2011 by L.L. No. 10-2011[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 101.
Streets and sidewalks — See Ch. 250.
Zoning — See Ch. 288.
[1]
Editor's Note: This local law also superseded former Ch. 254,
Subdivision of Land, adopted 6-11-2007 by L.L. No. 12-2007.
The general purpose of subdivision review under the chapter
is to guide the systematic development of the Village while encouraging
the provision of adequate facilities for housing, the comfort and
convenience of residents, ensuring the adequacy of streets, sewers,
water supply, and essential Village services. Toward this end, subdivision
review shall include, but need not be limited to, the public health,
safety and welfare; street widths and grade; adequacy of light and
air; facilitation of fire protection and access of fire-fighting equipment
to buildings; intensity of land use; demands upon Village services;
the conditions and circumstances of surrounding properties; vehicular
and pedestrian traffic and circulation; adequacy of utility, drainage
and garbage services; and protection of the environment.
As used in this chapter, the following terms shall have the
meanings indicated:
A local street with only one entrance/outlet that terminates
in a vehicular turnaround.
The map of a subdivision to be recorded after approval by
the Planning Board.
The preliminary drawing or drawings prepared in a manner
prescribed by this chapter that shows the layout of a proposed subdivision,
including, but not limited to, road(s) and layout and location of
existing and proposed structures. The drawings shall include dimensions,
key plan, topography and drainage, locations of trees, and locations
of all proposed facilities, including construction plans and profiles.
The division of any parcel of land into two or more lots
or parcels, with or without streets.
A.
No land may be subdivided without the approval of the Planning Board
in accordance with the provisions of these rules and regulations.
B.
The Planning Board may waive required submissions, as set forth in
these rules and regulations, when the Superintendent of Buildings
determines that compliance is unnecessary for the comprehensive review
of the proposed subdivision. Alternatively, the Planning Board may
require additional information that it determines to be necessary
for its review.
C.
Where a subdivision review is required, no building permit or certificate
of occupancy shall be issued by the Superintendent of Buildings except
upon authorization of and in conformity with the subdivision approval.
D.
In all cases where a variance is required, the applicant shall first
apply to the Planning Board for subdivision approval. Any subdivision
approval will be conditional upon the grant of necessary variances
by the Board of Zoning Appeals. In such conditional approval, the
Planning Board will include a written recommendations concerning the
proposed variance(s) pursuant to Village Law § 7-730(6).
A.
A preliminary plat, as herein defined, shall be prepared by a licensed
professional architect, engineer or professional planner. The preliminary
plat shall be submitted to the Superintendent of Buildings as herein
provided for review and report. The Superintendent will refer the
preliminary plat to such other Village department head whose review
and comments are relevant to the review. The comments of that department
head will be included with the report of the Superintendent of Buildings.
B.
Fees.
(1)
All submissions for subdivision approval shall be accompanied by
a fee as established by the Board of Trustees to compensate the Village
for its costs of planning, design and engineering review.
(2)
Such fees do not cover the cost of the review by the Village of an
environmental assessment form (EAF) or the preparation and review
of an environmental impact statement (EIS), if an EIS is deemed to
be necessary. The applicant shall be responsible for the total cost
of any environmental review that is determined by the Village to be
necessary to meet the requirements of the State Environmental Quality
Review Act (SEQRA).
C.
Prior to a subdivision application being referred to the Planning
Board for a public hearing:
(1)
The application for subdivision review will not be deemed accepted
by the Village and will not be referred to the Planning Board for
a public hearing until the Superintendent of Buildings determines
it to be complete in accordance with the provisions of this chapter.
(2)
No application shall be deemed complete until it meets the SEQRA
requirements as deemed necessary by the Village.
D.
The following must be submitted in an application for subdivision
review:
(1)
A complete subdivision application on forms provided by the Village.
(2)
In a separate document, applicant will set forth the name and address
of the applicant, the owner and the licensed professional(s) engaged
to work on the project. Where the applicant or owner is a corporation,
this letter shall include the names and addresses of all officers,
directors and principal stockholders.
E.
A preliminary plat plan must be submitted with the application.
(1)
Ten copies of the plat plan prepared by a licensed surveyor, engineer
or architect must be submitted which will show the following:
(a)
For each lot, the proposed setback of any structure(s) from
street line(s), proposed side yards, and proposed rear yard.
(b)
Proposed and existing elevations of the four corners of the
subject property and elevation of the adjacent properties.
(c)
Location of driveways, curb cuts, roads and pedestrian walkways.
(d)
All means of vehicular access and egress to and from the subdivision
onto public streets and all provisions for pedestrian access and circulation.
(e)
Any proposed streets and culs-de-sac including the width and
grade, together with a note specifying whether such street will be
offered for dedication to the Village and, if so, certifying that
such street will be built to the standards of the Village and of the
County of Nassau.
(f)
Location and size of any required drywell.
(g)
Location and size of all existing trees which have a diameter
of six inches measured three feet from the ground.
(h)
Location of light poles, fire hydrants, and any other utility
device.
(i)
Computation of area covered by all structures is to be shown
on the plat plan.
(2)
Applicant must submit certified survey of property to be subdivided
which has been prepared no more than one year prior to submission.
A.
The report of the Superintendent of Buildings must be filed with
the Clerk of the Planning Board. The report will contain a statement
that the application for subdivision is complete with respect to all
submission requirements, including filing of documents pursuant to
SEQRA regulations. The report shall also state that a copy thereof
has been served upon the applicant or the applicant's representative.
B.
Scheduling of public hearing. Upon filing of the report of Superintendent
of Buildings, the subdivision application shall be scheduled for a
public hearing. The public hearing will be scheduled to review the
preliminary plat plan in accordance with Village Law § 7-728(5).
C.
For its review of the subdivision application, the Planning Board
shall act as lead agency and comply with the provisions of SEQRA and
shall complete its SEQRA review in coordination with the public hearing
on the subdivision plat review.
D.
In addition to the requirements of § 254-5C herein, the subdivision application will not be considered complete until the applicant has provided to the Clerk of the Planning Board:
(1)
The following documents:
(a)
Ten copies of a completed subdivision application using forms
provided by the Village.
(b)
Ten copies of a radius map depicting all properties within 200
feet of the subject property boundary lines showing the size of said
properties with the Lynbrook Tax Map section, block and lot of each
said property clearly noted. This radius map must also note any town,
city or Village boundary within 500 feet of the subject property.
(c)
Ten copies of a complete and accurate list of the names and
addresses of the owners of all properties within a radius of 200 feet
of the boundary lines of the property affected by the application.
(d)
One original conflict of interest disclosure statement on form
provided by Village.
(2)
A notice using a form provided by the Village to be sent to each
property owner as described below, signed by the applicant, his agent
or attorney, identifying the subject property, stating the relief
requested and the date, time and place fixed by the Board for a hearing.
(a)
This notice shall be served upon every owner of property as
listed in the records of the Nassau County Department Assessment within
the two-hundred-foot radius of the boundary lines of the subject property
in the following manner:
[1]
By certified mail, return receipt requested, to each property
owner whose property abuts the subject property.
[2]
By first class mail addressed to every other property owner
within said two-hundred-foot radius at their residence addresses.
[3]
By first class mail to the county, town or such Village whose
boundaries or property is with a five-hundred- foot radius of the
boundaries of the subject property.
(b)
Each of the aforesaid notices shall be mailed not less than
10 days nor more than 20 days before the date set for the public hearing.
(c)
An affidavit of service with respect to said mailings shall
be filed in the office of the Village Clerk at least five days before
the date of the public hearing. The certified mailing receipts shall
be filed with the Village Clerk's office two days before the
public hearing.
A.
In reviewing an application for subdivision approval, the Planning
Board shall first consider the findings, requirements and recommendations
included in the report of the superintendent of Buildings and the
report of any other department head.
B.
The Planning Board shall next consider the following:
(1)
The relationship compatibility of the proposed subdivision to and
the effect to the surrounding neighborhood.
(2)
Environmental considerations under SEQRA regulations, the preservation
of natural resources, and the preservation and/or replacement of trees.
(3)
Adequacy of proposed sidewalks, streets and culs-de-sac and the ability
of proposed streets to accommodate and provide access and maneuverability
of fire-fighting equipment and waste collection vehicles.
(4)
Adequacy of storm drainage facilities, sanitary sewer connections,
waste disposal facilities, utility services, water main connections
and property drainage and the effect of such drainage on neighboring
properties.
(5)
Traffic impact.
(6)
Driveway connections with public streets, off-street parking and
on-street parking impact.
(7)
A need for a provision of parkland or a recreation area.
(8)
Conformance with Village zoning and land use controls to the extent
that:
(9)
Compliance with Nassau County Department of Health and Department
of Public Works requirements.
(10)
Compliance with New York State Department of Transportation
requirements, where applicable.
(11)
The health, safety and welfare of Village residents.
A.
At the conclusion of the Public Hearing, the Planning Board has the
option to either convert the preliminary plat plan into a final plat
plan or to direct the applicant to prepare a final plat plan for review
at an additional public hearing in accordance with § 7-728(6).
Prior to exercising its option to convert the preliminary plat into
a final plan, the Planning Board shall take into consideration comments
at the public hearing from the public and by the Superintendent of
Buildings.
B.
The Planning Board shall act on the subdivision plan by a majority
of the Board in a written decision to either approve, disapprove or
approve with modifications. A resolution of either approval or approval
with modifications shall include Board authorization for its chair
to stamp and sign the final plat plan upon the applicant's compliance
with the submission requirements stated in the resolution.
C.
If the Planning Board's determination includes a requirement
that modifications be incorporated in the subdivision plan, conformance
with the modifications shall be considered a condition of approval
and shall be satisfied prior to the stamping and signing of the subdivision
plan.
D.
If the subdivision is disapproved, the Planning Board's decision
shall state specific reasons for such decision. The reasons must be
based upon planning standards and may not be based upon generalized
community opposition to the particular proposal.
E.
Upon approval or approval with modifications, the Superintendent
of Buildings shall be authorized to issue the appropriate permit if
the project conforms to all other applicable requirements.
A.
After receiving approval from the Planning Board, with or without
modifications, the applicant will, within six calendar months, submit
five prints of the approved subdivision plan to the Planning Board
for stamping and signature by the Board Chair. The subdivision plan
submitted for stamping shall conform strictly to the subdivision plan
approved by the Planning Board. The plan must contain a certification
by the applicant's design professional that it so conforms.
B.
Upon stamping and signature by the Board chair, the Clerk of the
Planning Board shall forward a copy of the approved subdivision plan
to the applicant, the Superintendent of Buildings and the Village
Assessment office.
A.
The applicant shall submit with the prints of the approved subdivision
plan a separate writing stating that applicant agrees to comply with
those parts of the plan that affect public property or public services.
The Planning Board will determine whether said compliance by the applicant
must be secured by a performance bond, cash or other acceptable guarantee
approved by The Village Attorney. The guarantee shall be for 100%
of the cost of those improvements. The performance bond, cash or other
security shall guarantee the applicant's completing such work
in a manner satisfactory to the Village.
B.
In case of default, the guarantee shall be forfeited. The Village
shall use the security to complete any incomplete portion of said
work or to make required repairs as are necessary to assure the proper
condition and functioning said improvements. Any balance of the security
fund remaining after the Village has completed said work will be returned.
Reasonable costs incurred by the Building Department or Planning
Board for private consultation fees or other extraordinary expense
in connection with the review of the proposed subdivision shall be
charged to the applicant. Such costs shall be in addition to the application
fee required. Payment of said costs may be required upon review of
the subdivision submissions by the Superintendent of Buildings in
advance to cover the anticipated costs of such consultant review and
other related review expenses.
