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Village of Manorhaven, NY
Nassau County
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Table of Contents
Table of Contents
A. 
The subdividing owner or his duly authorized representative shall present at the office of the Incorporated Village of Manorhaven, in duplicate, the complete application for the consideration of the preliminary layout, together with eight prints of the preliminary layout, accompanied by the required fee and deposit as set forth in Chapter 64, Fees and Deposits, Article I, Land Use and Zoning Applications. The Village Clerk will notify the applicant of the date and time of the hearing of the Board at which the complete application will be considered.
B. 
The preliminary layout, street profiles, drainage plan and plat and all procedures relating thereto shall in all respects comply with the provisions of the Village Law, Chapter 155, Zoning, and all applicable laws and regulations, except where variation therefrom may be specifically authorized by the Board.
C. 
The applicant and/or his duly authorized representative should be prepared to attend the designated hearing to discuss the preliminary layout. Presentation of a preliminary layout shall not be deemed a subdivision of the plat for approval. Nothing contained herein shall prohibit the submission of the final plat in lieu of such preliminary layout; however, such submission shall in no way modify the procedural requirements set forth herein.
D. 
The applicant shall, within six months of approval of the preliminary layout, present at the office of the Incorporated Village of Manorhaven, in duplicate, the complete application for the consideration of the final plat, the estimate of the cost of public improvements and utilities and the consent of the mortgagee(s) to filing of the plat, together with a certificate of title of an approved title company and in a form satisfactory to the Board certifying record title in the name of the applicant, and also eight prints of the final plat, accompanied by the fee and deposit as set forth in Chapter 64, Fees and Deposits, Article I, Land Use and Zoning Applications. Said complete application shall be filed with the Village Clerk at least 14 days before the regular hearing of the Board.
E. 
The Village Clerk will then arrange for a public hearing at a regular hearing of the Board. The applicant shall also send notice of the public hearing, on forms supplied by the Board, to the adjacent property owners (the addresses to be obtained from the last completed tax roll), via certified mail, return receipt requested, and shall file with the Village Clerk, at least seven days prior to the public hearing, an affidavit executed by the applicant or his duly authorized representative, stating the name and address of each person to whom notice was sent and the date when such notice was sent.
F. 
If required improvements and utilities have not been completed under the inspection and to the satisfaction of the Board prior to final approval of the plat, then and in that event, and before such final approval of the plat, the applicant will be required to file with the Board a surety company bond in an amount determined by the Board and in accordance with the form supplied by the Board, to secure to the village the actual construction and installation of such improvements required by the Board on such final approval and at a time fixed by the Board and in accordance with the requirements of the Board under these regulations. As to utilities required by the Board on such final approval, the Board may, in its sole discretion, accept assurance in writing from each public utility company whose facilities are proposed to be installed. When such writing is acceptable, it shall be addressed to the Board and state in substance or effect that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and as satisfactory to the Board. There may also be included in determining the amount of such bond the reasonable cost of inspection of such improvements by the Board, the estimated cost of employing a watchman to guard any stormwater drainage or storage basins required to be installed by the Board, the cost of liability insurance and the estimated cost of installation of necessary water supply facilities. There shall be further included in said bond a provision that in the event of a default on the part of the principal, the bonding company shall be liable for, which shall be in addition to the principal amount of the bond, all engineering, legal and other expenses which shall be incurred or likely to be incurred by the village in the enforcement of the bond and the completion of the public improvements covered by the bond.
G. 
After the completion of the foregoing procedure to the satisfaction of the Board and if the Board shall approve the plat, the approval of the Board shall be endorsed thereon, together with the date thereof, over the signature of the Mayor of the Incorporated Village of Manorhaven or the Village Clerk or an alternate by resolution of the Board. Prior to such endorsement, the developer shall file with the Board five prints of the street profiles and drainage plans as approved by the Commissioner of Public Works of Nassau County and, as deemed appropriate by the Board, the Superintendent of Buildings or engineer designated by the village.
A. 
The subdividing owner or his duly authorized representative shall present at the office of the Incorporated Village of Manorhaven, in duplicate, the complete application for the consideration of the preliminary layout, with eight prints of the preliminary layout showing no new streets, accompanied by any required fee or deposit. The Village Clerk will notify the applicant of the date and time of the hearing of the Board at which the complete application will be considered.
B. 
The applicant and/or his duly authorized representative shall attend the designated hearing to discuss the preliminary layout. Presentation of a preliminary layout shall not be deemed a submission of the plat for approval.
C. 
At or before the hearing to discuss the preliminary layout, the applicant may be required to submit to the Board, before further consideration of the layout, a topographical map, a grade map of existing streets and/or a drainage plan.
D. 
If preliminary approval is given by the Board for the subdivision of the parcel, the applicant shall then file with the Village Clerk, in duplicate, a complete application for final approval accompanied by a plat of the entire property of the subdivider showing the subdivision into lots or parcels, a separate survey of each parcel and a drainage plan (if required by the Board) approved by the Superintendent of Buildings or engineer designated by the village.
E. 
If the Board shall approve the subdivision after a public hearing, then a copy of the survey of each parcel shall be filed in the office of the Village Clerk; if a drainage plan is required and approved, the subdivider shall, upon filing of the complete application for a building permit, furnish to the village a surety company bond in such sum as shall have been fixed by the Board for the construction and installation of the required drainage facilities.
A. 
As deemed appropriate, the Board may consider and approve a cluster development simultaneously with the approval of a plat or plats in an R-3 Zoning District or where otherwise permitted under Chapter 155, Zoning, of the Code of the Incorporated Village of Manorhaven.
B. 
In no event shall a cluster development result in a permitted number of building lots or dwelling units which could be permitted, in the Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the underlying zoning district in which such land is situated and conforming to all other applicable requirements; provided, however, that if the plat falls within two or more contiguous districts, the Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts, and may authorize any actual construction to take place in all or any portion of one or more such districts.
C. 
As a condition of plat approval, the Board may, at its discretion, establish such conditions on the ownership, use and maintenance of open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands.
D. 
The plat showing cluster development shall include areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street parking spaces, streets, driveways and any other features that the Board may require. At the discretion of the Board, the clustered units may be detached, semidetached and/or attached.
E. 
The subdividing owner or his duly authorized representative shall present at the office of the Incorporated Village of Manorhaven, in duplicate, the complete application for the consideration of the preliminary cluster development layout, together with eight prints of the preliminary cluster development layout, accompanied by the required fee and deposit as set forth in Chapter 64, Fees and Deposits, Article I, Land Use and Zoning Applications. The Village Clerk will notify the applicant of the date and time of the hearing of the Board at which the complete application will be considered.
F. 
The preliminary cluster development layout, street profiles, drainage plan and plat and all procedures relating thereto shall in all respects comply with the provisions of the Village Law, Chapter 155, Zoning, and all applicable laws and regulations, except where variation therefrom may be specifically authorized by the Board.
G. 
The applicant and/or his duly authorized representative should be prepared to attend the designated hearing to discuss the preliminary cluster development layout. Presentation of a preliminary cluster development layout shall not be deemed a subdivision of the plat for approval. Nothing contained herein shall prohibit the submission of the final plat in lieu of such preliminary cluster development layout.
H. 
The applicant shall, within six months of approval of the preliminary cluster development layout, present at the office of the Incorporated Village of Manorhaven, in duplicate, the complete application for the consideration of the final plat, the estimate of the cost of public improvements and utilities and the consent of the mortgagee(s) to filing of the plat, together with a certificate of title of an approved title company and in a form satisfactory to the Board certifying record title in the name of the applicant, and also eight prints of the final plat, accompanied by the fee and deposit as set forth in Chapter 64, Fees and Deposits, Article I, Land Use and Zoning Applications. Said complete application shall be filed with the Village Clerk at least 14 days before the regular hearing of the Board.
I. 
The Village Clerk will then arrange for a public hearing at a regular hearing of the Board. The applicant shall also send notice of the public hearing, on forms supplied by the Board, to the adjacent property owners (the addresses to be obtained from the last completed tax roll), via certified mail, return receipt requested, and shall file with the Village Clerk, at least seven days prior to the public hearing, an affidavit executed by the applicant or his duly authorized representative, stating the name and address of each person to whom notice was sent and the date when such notice was sent.
J. 
If required improvements and utilities have not been completed under the inspection and to the satisfaction of the Board prior to final approval of the plat, then and in that event, and before such final approval of the plat, the applicant will be required to file with the Board a surety company bond in an amount determined by the Board and in accordance with the form supplied by the Board, to secure to the village the actual construction and installation of such improvements required by the Board on such final approval and at a time fixed by the Board and in accordance with the requirements of the Board under these regulations. As to utilities required by the Board on such final approval, the Board may, in its sole discretion, accept assurance in writing from each public utility company whose facilities are proposed to be installed. When such writing is acceptable, it shall be addressed to the Board and state in substance or effect that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and as satisfactory to the Board. There may also be included in determining the amount of such bond the reasonable cost of inspection of such improvements by the Board, the estimated cost of employing a watchman to guard any stormwater drainage or storage basins required to be installed by the Board, the cost of liability insurance and the estimated cost of installation of necessary water supply facilities. There shall be further included in said bond a provision that in the event of a default on the part of the principal, the bonding company shall be liable for, which shall be in addition to the principal amount of the bond, all engineering, legal and other expenses which shall be incurred or likely to be incurred by the village in the enforcement of the bond and the completion of the public improvements covered by the bond.
K. 
After the completion of the foregoing procedure to the satisfaction of the Board and if the Board shall approve the plat, the approval of the Board shall be endorsed thereon, together with the date thereof, over the signature of the Mayor of the Incorporated Village of Manorhaven or the Village Clerk or an alternate by resolution of the Board. Prior to such endorsement, the developer shall file with the Board five prints of the street profiles and drainage plans as approved by the Commissioner of Public Works of Nassau County and, as deemed appropriate by the Board, the Superintendent of Buildings or engineer designated by the village.