[Amended 5-15-1989 by L.L. No. 17-1989]
A.
Whenever any subdivision of land is proposed and before
any contract of sale is carried out or title to any part thereof is
transferred, the subdividing owner or the duly authorized agent of
such owner shall proceed to secure approval of the proposed subdivision
in accordance with the following steps:
B.
Notwithstanding the provisions of Subsection A of this section, the Planning Board may waive the requirement for preparation, review and approval of a preliminary plat for those subdivisions which contain five or fewer lots, plots, blocks, sites or units and in which all proposed lots, plots, blocks, sites or units have frontage on an existing improved public street and no new streets are proposed to be created and where such lots, plots, blocks, sites or units do not require the extension of any municipal facilities.
A.
Application. Prior to subdividing or resubdividing
real property, an owner of real property or an authorized representative
of such owner shall file an application for approval of a sketch plat.
The application shall:
(1)
Be made on forms available at the office of the Planning
Board.
(2)
Include all contiguous holdings of the owner, including
land in the same ownership, with an indication of the portion which
is proposed to be subdivided, accompanied by an affidavit of ownership
which shall include the dates the respective holdings of land were
acquired, together with the liber and page of each conveyance into
the present owner as recorded in the Nassau County Clerk's office.
The affidavit shall indicate the name and address of the legal owner
of the property; the name and address of any contract venodr of the
property; the date the contract of sale was executed; and, if any
corporations are involved, a complete list of all directors, officers
and stockholders of each corporation owning more than 5% of any class
of stock, including the residence address of each such stockholder;
if any partnership is involved, a complete list of all partners, and
including the residence address of each; if any other nonnatural person
is involved, a list of all persons possessing power to act for such
nonnatural person, including the residence address of each such person.
(3)
Be accompanied by a minimum of 12 copies of the sketch plat as described in § 131-27 of these regulations and all other documents required as part of the application.
(4)
Include an address and telephone number of an agent
located within the County of Nassau who shall be authorized to receive
all notices required by these regulations.
(5)
Be accompanied by a fee as provided by law. Each submission
of a new sketch plat shall be accompanied by a new fee.
B.
Planning Board review. The Planning Board will study
the sketch plat, taking into consideration the requirements of the
Subdivision Regulations and the best use of the real property being
subdivided. Particular attention will be given to the arrangement,
location and width of streets, their relation to the topography of
the land, sewage disposal, drainage, lot sizes and arrangement and
the further development of adjoining lands.
C.
Field trip; temporary staking. After the regular Planning
Board meeting at which the subdivision is first discussed, the Board
may schedule a field trip to the site of the proposed subdivision,
accompanied by the applicant or the applicant's representative. In
order to facilitate field inspection and review of the site of the
proposed subdivision, temporary staking along the center line of all
proposed roads in the subdivision will be required in time for such
field trip or if impracticable, the Planning Board shall permit a
suitable alternative procedure.
D.
Planning Board action. The Planning Board shall approve,
with or without modification, or disapprove the sketch plat application
by resolution, which shall set forth any conditions to which the approval
is subject or the reasons for disapproval.
A.
Application. Prior to requesting approval of a proposed
final subdivision plat and within six months after the approval of
the sketch plat, the applicant shall file an application for approval
of a preliminary plat on forms available from the Planning Board.
Such application shall comply with the modifications, if any, required
by the Planning Board at the time of sketch plat approval and shall
be filed with the Clerk of the Planning Board at least two weeks prior
to the regular Planning Board meeting at which it will be considered
and shall:
(1)
Be accompanied by an application fee, payable to the
Village of Woodsburgh, in the amount established by law. Every subsequent
submission of a new preliminary plat will be considered a new application
and shall be accompanied by a new fee.
(2)
Include all real property which the applicant proposes
to subdivide and all land immediately adjacent extending 100 feet
therefrom or of that directly opposite thereto extending 100 feet
from the street frontage of such opposite land, with the names of
owners as shown in the Village Clerk's office. Where the Planning
Board determines the need, a larger portion of adjacent lands may
be required to be shown.
(3)
Be accompanied by a minimum of 12 copies of the preliminary plat as described in § 131-28 of these regulations and all other documents required to be part of the application.
B.
Field trip. The Planning Board may schedule a field inspection of the proposed subdivision, as described in § 131-10C.
C.
Planning Board action. After receipt by the Planning Board of a complete preliminary plat application determined by the Board to be in full compliance with the requirements of Subsection A of this section, the Planning Board shall, by resolution, approve, with or without modification, or disapprove the preliminary plat, and the basis of a modification, if any, or the basis 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, modifications, if any, as it deems necessary for submission of the plat in final form. Within 45 days of the approval of a preliminary plat, the resolution shall be certified by the Village Clerk and a copy filed in the office of the Village Clerk and a certified copy mailed to the applicant.
D.
Public hearing.
(1)
Before approving or disapproving an application, the Board shall hold a public hearing. Such hearing shall be advertised in the same manner as the subsequent public hearing on the final subdivision plat as specified in § 131-12C(2) of these regulations.
(2)
At the time of the public hearing, the applicant shall
submit an affidavit stating that the applicant has notified, by certified
mail, return receipt requested, each owner of the property within
500 feet of the perimeter of the subject property as indicated on
the application for subdivision approval and at least 10 days prior
to the public hearing. The form for the legal notice shall be prepared
by the Village Attorney.
E.
Expiration of approval. Approval of a preliminary
plat application expires if the owner has not submitted a proposed
plat in final form within six months of the date of approval of the
preliminary plat.
Application for final subdivision plat approval
shall be filed with the Clerk of the Planning Board. Such application
shall comply with the modifications, if any, required by the Planning
Board at the time of preliminary plat approval and shall be submitted
on forms available from the Clerk of the Planning Board.
A.
Items to accompany application. Application for final
plat approval shall be accompanied by the following:
(2)
A final subdivision application fee, payable to the
Village of Woodsburgh, in the amount specified by law. Every subsequent
submission of a new final plat shall be considered a new application
and shall be accompanied by a new fee.
(3)
An affidavit of ownership as required in § 131-10A(2) of these regulations.
(4)
Where subdivision roads and/or other improvements
are involved, a statement from the applicant's engineer giving the
estimated cost of construction, together with the quantities and unit
costs used in making the estimate.
(5)
A list of any and all variances of the provisions
of these regulations which the applicant requests the Planning Board
to grant in his specific case, with the reasons therefor.
B.
Action by Planning Board. After receipt by the Planning Board of a complete final plat application determined by the Board to be in full compliance with the requirements of § 131-12A of these regulations, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of the plat. Within 45 days of such resolution, the plat shall be certified by the Village Clerk as conditionally approved and one copy filed in the Planning Board office and another copy mailed to the applicant by certified mail, including the certified statement of the requirements which, when completed, will authorize the signing of the conditionally approved final plat. Conditional approval of a final plat shall expire within 90 days after the date of the resolution granting conditional approval, unless such requirements have been completed. The Planning Board may extend this time period for two additional periods not to exceed 90 days each.
C.
Public hearing.
(1)
Before final action, the Planning Board shall hold
a public hearing on the final plat.
(2)
Notice. The Village Clerk shall submit notice to the
official village newspaper for publication at least 15 days before
the date of the public hearing. The applicant shall mail copies of
the notice to all adjoining property owners within 500 feet of the
perimeter of the property and to the Clerk of any municipality when
the land to be subdivided is within 500 feet thereof, such notice
to be published and copies mailed at least 15 days prior to the public
hearing.
D.
Filing plat by sections. Prior to granting its approval,
the Planning Board may permit or require the plat to be subdivided
into two or more sections and may impose such conditions upon the
delineation and filing of the sections as it may deem necessary to
assure the orderly development of the plat. Approval of the sections,
subject to any conditions imposed by the Board, shall be granted concurrently
with approval of the plat. If the owner files only a section of an
approved plat within 90 days of the date of approval, such section
shall encompass at least 10% of the total number of lots contained
in the approved plat. Within 30 days of the filing of a section of
an approved plat with the County Clerk, the owner shall file the entire
approved plat with the Woodsburgh Village Clerk. The Planning Board
may deny approval of any subsequent section if a prior approved section
has not first been satisfactorily completed.
E.
Action by applicant. Based upon the Planning Board
resolution, the applicant shall have the final subdivision plat and
construction plans revised, if necessary, in accordance with said
resolution, and submit 12 copies of such revised maps to the Planning
Board Secretary. Any letter of credit which is to be filed shall be
submitted to the Village Attorney. The village Attorney shall be responsible
for determining and certifying to the Planning Board whether or not
the form and execution of the letter of credit is acceptable and has
been approved.
F.
Approval of construction plans. The construction plans,
revised as necessary to meet the requirements of the Planning Board
resolution, shall be endorsed by the Planning Board Chairman as "approved"
prior to the signing of the plat or the beginning of any construction
work within the proposed subdivision.
G.
Additional documents and information required. Prior
to the endorsement of the Planning Board Chairman on the final subdivision
plat, the following additional documents and information shall be
submitted by the applicant:
(1)
An engineering inspection fee, payable to the Village
of Woodsburgh, as specified in the fee schedule adopted by the Board
of Trustees.
(2)
Where streets or park areas are included within the
proposed subdivision, a formal offer of cession to the village of
all such streets and park areas, in a form approved by the Village
Attorney, except where the proposed final subdivision plat has a notation
to the effect that no offer of dedication of such street and park
areas or any of them is made to the public. The applicant shall deliver
a deed to all such lands in proper form for recording, together with
a title policy for the Village of Woodsburgh in a sum not less than
$10,000, which sum shall be determined by the Planning Board before
approval of the final subdivision plat.
(3)
Where required by the Planning Board, a recreation
fee, payable to the Village of Woodsburgh, in an amount specified
by the Planning Board.
(4)
A written agreement, in form satisfactory to the Village
Attorney, permitting entry by the village onto any streets, easements
and park areas for the purposes of inspecting and installing any required
improvements in the event of the failure of the applicant to make
such installations or to properly maintain such installations until
such time as the village assumes the responsibility for them.
H.
Final approval of subdivision plat. The Chairman or
other duly authorized member of the Planning Board shall endorse the
Board's final approval on the plat only after all other required conditions
of the resolution of approval, including the payment of all fees,
have been complied with. Said endorsement shall be by signature and
dated on the original of the plat, which shall be kept for filing
and on a print of the plat which shall be retained in the record files
of the Planning Board.
I.
Filing plat with County Clerk. The approved plat shall
be filed with the Nassau County Clerk within 45 days of the date of
Planning Board signing. Simultaneously with the filing of the plat,
the Secretary to the Planning Board shall record the agreement of
dedication, together with such legal documents as shall be required
to be recorded by the Village Attorney.
