Whenever any subdivision of land is proposed and before any contract for the sale of any part thereof is carried out or title to any part thereof is transferred, the subdividing owner or the owner's duly authorized agent shall apply for and secure approval of the proposed subdivision in accordance with the following two-step procedure:
A. 
Preliminary plat approval.
B. 
Final plat approval.
A. 
Discussion of requirements. Before preparing the preliminary plat, the applicant may discuss with the Planning Board or its representative the requirements for reservation of land, street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The applicant shall also discuss the preliminary layout with the Nassau County Health Department, the Nassau County Department of Public Works, any other state or county agency whose approval is required by these regulations and with the utilities supplying the proposed subdivision. In case of land lying within 300 feet of village boundaries, the subdivider shall also consult with such other Planning Boards as have jurisdiction under § 1610 of the County Government Law of Nassau County.
B. 
Application. Prior to subdividing or resubdividing land, the owner thereof or the owner's duly authorized representative shall file a preliminary plat approval application on forms available at the office of the Village Clerk. Such application shall:
(1) 
Include all land which the applicant proposes to subdivide.
(2) 
Be accompanied by an affidavit of ownership showing the dates the respective parcels of land were acquired, with liber and page numbers of each conveyance into the present owner, as recorded in the Nassau County Clerk's office; the name and address of the contract owner of the property, if any; the date on which the contract of sale, if any, was executed; and, if any corporations are involved, a complete list of the names, addresses and shareholdings of all directors, officers and shareholders of each corporation owning more than 5% of any class of stock, including the residence address of each such shareholder; if any partnership is involved, a complete list of all partners and the residence address of each partner; 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 preliminary plat as described in Appendix A of these regulations.[1]
[1]
Editor's Note: Appendix A, Specifications for Plats and Plans, is included at the end of this chapter.
(4) 
Include the name, address and telephone number of a representative located within the County of Nassau who is authorized to receive all notices to the applicant required by these regulations.
(5) 
Be accompanied by a minimum of four copies of construction plans, as described in Appendix A of these regulations.
(6) 
Be accompanied by a completed environmental assessment form or draft environmental impact statement, as required by the Planning Board under the New York State Environmental Quality Review Act (SEQRA) and applicable regulations (NYCRR).[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq. and 6 NYCRR 617.1 et seq., respectively.
(7) 
Be accompanied by the approvals endorsed thereon or attached thereto of all state, county and other agencies whose approval is required prior to making application for final plat approval.
(8) 
Be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of §§ 248-2D, 248-253C, 248-253.1 and 248-253.2. of the Zoning Law of the Village of Westbury and of Chapter 213 which shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 248-253 and 248-253.1. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 213 and §§ 248-253C and 248-253.1.
[Added 8-16-2007 by L.L. No. 1-2007[3]]
[3]
Editor's Note: With the addition of this new Subsection B(8), former Subsection B(8) was renumbered as Subsection B(9).
(9) 
Be presented to the Planning Board or its representative authorized to accept such applications, together with an application review fee, as listed in the fee schedule adopted by the Board of Trustees.
C. 
Planning Board review. Upon receipt of a preliminary plat approval application, the Planning Board shall carefully study the practicability of the proposed subdivision, taking into consideration the requirements of these regulations, the requirements of the community and the best use of the land being subdivided. Particular attention shall 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, the future development of adjoining land as yet unsubdivided and the relationship of the proposed subdivision to the village development plan as the same may be adopted.
D. 
Field trip; temporary staking. The Planning Board may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his representative and, preliminary to such field trip, may require the applicant to install temporary staking along the center line of all proposed streets or such suitable alternative procedures as may be required to facilitate such field inspection.
E. 
Planning Board action. The Planning Board shall follow the procedures outlined in Village Law § 7-728, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plat.
[Amended 12-2-1999 by L.L. No. 3-1999]
F. 
Expiration of approval. Approval of a preliminary plat application shall expire if the applicant has not submitted a proposed final plat within six months of the date of approval of the preliminary plat.
A. 
Where the owner of land within the village proposes to divide the same into not more than four lots, plots, blocks, sites or units that conform to the applicable planning and zoning ordinance regulations[1] and such subdivision does not involve the laying out of a street or extension of a previously laid out street, the owner or his agent, in lieu of making application to the Planning Board for plat approval pursuant to these regulations, may make written application to the Planning Board for a waiver of the filing requirements hereunder, pursuant to § 334-a of the Real Property Law. Such waiver application shall be made upon forms supplied by the Planning Board available at the office of the Village Clerk and shall be accompanied by:
(1) 
Twelve copies of a topographic site plan for the proposed subdivision, showing the entire street width of the street or streets on which the proposed buildings will front, the location of all existing and proposed gas, water, electric and sewer lines, the existing and proposed lot lines, locations and dimensions of all existing and proposed buildings and structures, easements and rights-of-way and all the type and size trees over six inches in diameter, measured one foot above ground level.
(2) 
An affidavit of ownership as required by § 218-10B(2) of these regulations.
(3) 
Two sets of construction plans for each proposed building or structure.
(4) 
A waiver fee, payable to the village, in the amount shown in the fee schedule as adopted by the Board of Trustees.
[1]
Editor's Note: See Ch. 248, Zoning.
B. 
Such a waiver may be granted by the Planning Board after determining that such proposed subdivision is in compliance with § 334-a of the Real Property Law and with these regulations. The request for a waiver shall be acted upon without a public hearing within 15 days after the filing of the application unless such period is extended by consent of the applicant.
A. 
Application procedure. Within six months of the date of approval of the preliminary plat, the applicant shall file with the Planning Board an application, in duplicate, for approval of the final plat. The application shall be made on forms provided by the Planning Board at the time of preliminary plat approval and shall be accompanied by:
(1) 
Twelve copies each of a final plat and final construction plans conforming to all requirements of Appendix A of these regulations[1] and to all conditions and modifications, if any, required by the Planning Board at time of preliminary plat approval.
[1]
Editor's Note: Appendix A, Specifications for Plats and Plans, is included at the end of this chapter.
(2) 
A final plat application review fee, payable to the Village of Westbury in the amount specified in the fee schedule as adopted by the Board of Trustees.
(3) 
An affidavit of ownership as required in § 218-10B(2) of these regulations.
(4) 
Where subdivision roads and/or other improvements are involved, a statement from the applicant's registered professional engineer giving the estimated cost of construction, together with the quantities and unit costs used in making such estimate.
(5) 
All endorsements and approvals of state and county agencies required by law and the approval of the planning authorities of adjacent municipalities, if such approvals are required by law.
(6) 
A list of any and all waivers of the provisions of these regulations which the applicant requests the Planning Board to grant in his specific case, with the reasons therefor.
(7) 
Stamped envelopes addressed to each of the owners of property within 200 feet of the perimeter of the subdivision. An affidavit shall be submitted by the applicant declaring that the names and addresses of the adjacent property owners are as shown on the latest tax assessment roll.
(8) 
A stormwater pollution prevention plan consistent with the requirements of the Stormwater Management Law[2] and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 248-253.1, Subsections A, B and C of the Village of Westbury Zoning Law. The approved final subdivision plat shall be consistent with the provisions found in §§ 248-253C and 248-253.1 of the Village of Westbury Zoning Law.
[Added 8-16-2007 by L.L. No. 1-2007]
[2]
Editor's Note: See Ch. 213, Stormwater Management.
B. 
Planning Board action. Upon receipt of an application for final plat approval in full compliance with the requirements of § 218-12A hereof, the Planning Board shall act to approve, approve with conditions or disapprove the final plat in accordance with the procedures outlined in Village Law § 7-728, Subdivision 6. Conditional approval of a final plat shall expire 90 days after the date of the resolution granting the same, unless such conditional requirements have been completed. The Planning Board, for good cause shown, may extend this time period for up to two additional ninety-day periods.
[Amended 12-2-1999 by L.L. No. 3-1999]
C. 
Public hearing; public notice.
(1) 
Public hearing. Before taking final action as per § 218-12B hereof, the Planning Board shall hold a public hearing on the final plat.
(2) 
Public notice. The Planning Board shall cause notice of such public hearing to be published in the official village newspaper and shall mail copies of the notice to all adjoining property owners within 200 feet of the perimeter of the property to be subdivided and to the Clerk of any municipality when the land to be subdivided lies within 500 feet thereof; such notice to be published and copies mailed at least 10 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 Westbury 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 plat and construction plans revised, if necessary, in accordance with said resolution, and shall 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 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 or other duly authorized member of the Planning Board as approved prior to the signing of the final plat and the beginning of any construction work within the proposed subdivision.
G. 
Additional documents and information required. Prior to the Planning Board Chairman endorsing the final plat, the following additional documents and fees shall be submitted by the applicant:
(1) 
An engineering inspection fee, payable to the Village of Westbury, 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 and irrevocable 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 plat has a notation to the effect that no offer of dedication of such streets 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 Westbury in a sum not less than $10,000, which sum shall be determined by the Planning Board before signing of the final plat.
(3) 
Where required by the Planning Board in accordance with the provisions of the Village Law, a park or recreation fee per building lot payable to the Village of Westbury, in an amount specified in the fee schedule as adopted by the Board of Trustees.
(4) 
A written agreement, in a 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 improvements or to properly maintain such improvements 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 final 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 final plat (which shall be utilized for filing) and on a print of the final plat (which shall be retained in the files of the Planning Board).
I. 
Filing final plat with County Clerk. The final plat endorsed by the Planning Board shall be filed with the Nassau County Clerk within 90 days of the date of Planning Board signing. Notwithstanding the above, the Planning Board may extend the time for filing of the final plat if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each. Simultaneously with the filing of the final plat, the applicant shall record the agreements of dedication together with such legal documents as shall be required by the Planning Board to be recorded.
J. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.