The purpose of subdivision review is to protect
the Village through ensuring the adequacy of the streets, sewers,
water supply and other essential services. Toward this end, subdivision
review shall include, but need not be limited to, the public health,
safety and welfare; street width and grade; adequacy of light and
air; facilitation of fire protection and access of fire-fighting equipment
to buildings; vehicular and pedestrian traffic and circulation; adequacy
of utility, drainage and garbage facilities; and appropriate screening
through landscaping.
As used in this article, the following terms
shall have the meanings indicated:
CUL-DE-SAC
A local street with only one outlet that terminates in a
vehicular turnaround and having an appropriate terminal for the safe
and convenient reversal of traffic movement.
MINOR SUBDIVISION
The adjustment, relocation, alteration or change of one or
more existing property lot lines, provided that such adjustment, relocation,
alteration or change does not involve or result in:
[Added 9-22-2003 by L.L. No. 9-2003;
amended 5-1-2014 by L.L. No. 4-2014]
B.
Creation of any new lot or result in a number of lots greater
than the number of lots which lawfully exist prior to the proposed
relocation, alteration or change;
C.
The creation of any lot which does not conform to the requirements
of the zoning district in which it is located;
D.
Any increase in the degree or extent of any existing nonconformity
of or on any existing lot;
E.
Creation of any circumstance which would constitute a violation
of any applicable zoning regulation;
F.
The extension of municipal water or sewer facilities; or
G.
The installation of drainage improvements through one or more
lots to serve one or more other lots.
PLANNING BOARD
The Planning Board of the Incorporated Village of Rockville
Centre.
PRELIMINARY PLAT
The preliminary drawing or drawings prepared in a manner
prescribed by this article that shows 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 required by this article.
SUBDIVISION
The division of any parcel of land into three or more lots,
blocks or sites, with or without streets or highways, for the purpose
of a sale, transfer of ownership, or development, or the division
of any parcel of land into two lots, blocks or sites when that division
would result in a new street or road, or the extension of water or
sewer municipal facilities, or the installation of drainage improvements
through one or more lots to serve one or more other lots. A transfer
of property between adjacent property owners that does not create
an additional lot and does not reduce the size of any existing lot
area, dimension or setback below the minimum requirement for the zoning
district in which the property is located shall not be considered
a subdivision within the meaning of this chapter.
[Amended 9-22-2003 by L.L. No. 9-2003]
[Amended 9-22-2003 by L.L. No. 9-2003; 6-2-2014 by L.L. No. 6-2014]
A. No land may be subdivided without the approval of the Planning Board,
in accordance with the provisions of this article. The Planning Board
may waive required submissions, as set forth in this article, when
the Superintendent of Buildings and the Village Engineer determine
that compliance is unnecessary for the comprehensive review of the
proposed subdivision. In addition, the Planning Board may require
additional information that it determines to be necessary to its review.
B. Where 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.
C. In all cases where a variance or special exception or special use
permit is required, the applicant shall first obtain a variance from
the Zoning Board of Appeals, or a special use permit from the appropriate
reviewing board, before proceeding with subdivision review.
D. Planning Board approval is not required when the Building Department has issued a written determination that the proposed development is a minor subdivision, as defined in §
330-19.
E. Where authorized to do so pursuant to New York Real Property Law
§ 334-a, the Planning Board may, but shall not be required
to, exercise its discretion to grant a waiver as provided in that
statute.
(1) The Planning Board shall not grant any such waiver unless notice
of any meeting where such waiver application is considered or acted
upon has been given as required by law, and has been posted on the
Village's website. Such notice shall include information sufficient
to advise the public that such waiver application is to be considered
and shall identify the street address of the subject property.
(2) Nothing in this Subsection
E shall be construed as requiring the Planning Board to grant any such waiver application where it determines that the application does not conform to the legal requirements to qualify for such waiver, or where it determines that the waiver or the proposed subdivision would be inappropriate, improper, or not in the public interest.
(3) The Board of Trustees may from time to time in its discretion, by
resolution, establish or amend a schedule of fees for applications
for waiver.
[Amended 11-29-2004 by L.L. No. 9-2004]
A. Legislative intent. The Village of Rockville Centre
(Village) finds that the provision of parkland and recreation facilities
in conjunction with the development of multifamily uses or new homes
is necessary to meet the needs of its residents. Where it is not practical
for a particular development to provide parkland and recreational
facilities, it is in the best interest of the Village and its residents
to require funds to be paid to the Village to be used exclusively
for parks, playgrounds or recreation facilities, including the acquisition
of property.
B. Before the Planning Board may approve a subdivision,
the subdivision plan shall also show, when required by such Board,
a park or parks suitably located for playground or other recreational
facilities.
C. Land for park, playground or other recreational facilities
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreation facilities within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreation facilities in
the Village based on projected population growth to which the particular
subdivision will contribute.
D. In the event the Planning Board makes a finding pursuant to §
330-27C that the proposed subdivision presents a proper case for requiring a park or parks suitably located for playgrounds or other recreation purposes, but that a suitable park or parks of adequate size cannot be properly located on such subdivision, the Planning Board may require a sum of money in lieu thereof, to be established by the Village Board of Trustees. In making such determination of suitability, the Planning Board shall assess the size and suitability of land shown on the subdivision that could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood or a need for improvements to or the acquisition of parks, playgrounds or other recreational purposes that may be used by the population of the particular subdivision. Any fee required by the Planning Board in lieu of land for park, playground or other recreation purposes or facilities pursuant to this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground and other recreational purposes, including the acquisition of property.
[Amended 11-29-2004 by L.L. No. 9-2004; 10-27-2008 by L.L. No. 11-2008]
A. The fee for any subdivision application to the Planning
Board pursuant to the provisions of this chapter shall be at the level
fixed from time to time by resolution of the Board of Trustees of
the Village of Rockville Centre.
B. In addition to any fees established pursuant to Subsection
A hereof, the fee for subdivision applications to the Planning Board also shall include payment or reimbursement of reasonable costs incurred by the Planning Board for private engineering, environmental, planning and/or architectural consultants, or other private consulting services reasonably deemed necessary by the Planning Board, and other extraordinary expenses in connection with the review of a proposed subdivision. Such reimbursable costs shall be in addition to any other fees required. The applicant shall be required to provide an escrow deposit account at any time on or after the receipt of the application, in an amount sufficient to cover the anticipated costs for such consultant review and other expenses.
C. The fees to be paid by the applicant shall also include
payment or reimbursement of the following costs:
(1) Publication of legal notices for public hearings,
or other required legal notices;
(2) Stenographic minutes and transcription of meetings
and hearings;
(3) Any fees or costs for environmental review conducted
pursuant to the State Environmental Quality Review Act or the regulations
adopted pursuant thereto.
D. Inspection of improvements. The Superintendent of
Buildings shall be responsible for the overall inspection of site
improvements, including coordination with the Village Engineer and
other local officials and agencies as may be appropriate. Reasonable
expenses incurred by the Village for inspections by the designated
Village Engineer or other appropriate professionals shall, in addition
to fees and costs associated with subdivision review, be reimbursed
to the Village by the applicant in accordance with the fee schedule
established by the Board of Trustees.