Whenever any subdivision of land is proposed,
before any contract for the sale of any part thereof, and before any
permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner, or his authorized agent,
shall apply for and secure approval of such proposed subdivision in
accordance with the following procedures. There are two steps:
A.
Discussion of requirements. Before preparing the preliminary
layout, the applicant may discuss with the Planning Board, or its
representative, the requirements for reservations of land, street
improvements, drainage, sewerage, water, fire protection and similar
aspects, as well as the availability of existing services. The applicant
should also discuss the preliminary layout with the State Health Department
whose approval is required by this chapter, and which must eventually
approve any subdivision plat coming within its jurisdiction. In the
case of land within 300 feet of Village boundaries, the subdivider
should also consult with such other Planning Boards as have jurisdiction
under Section 1610 of the County Government Law of Nassau County.[1]
[1]
Editor's Note: The Nassau County Government Law is also known
as the "Nassau County Charter.”
B.
Application procedure. Prior to filing an application
for the approval of a subdivision plat, the applicant shall file an
application for the approval of a preliminary layout. The application
shall:
(1)
Be made on forms available at the office of the Village
Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(3)
Be accompanied by three copies of the preliminary layout, as described in § 66-17 of this chapter.
(5)
Be presented to the Chairman of the Planning Board.
(6)
Be accompanied by a fee in an amount as set from time
to time by resolution of the Board of Trustees. If the applicant subsequently
elects not to file an application for approval of a subdivision plat,
1/2 of the fee shall be returned.
[Amended 10-13-1975 by L.L. No. 15-1975; 7-24-2000; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(7)
Be accompanied by a recreation fee of 3% of the market
value of the proposed lots, as appraised by a real estate broker approved
by the Board of Trustees, with the appraisal charge to be deducted
from the 3% fee; provided, however, that such recreation fee shall
not be applicable in the case of:
[Added 10-13-1975 by L.L. No. 15-1975]
(a)
The movement of a property line between existing structures
when such movement does not create another possible building lot within
the zoning requirements applicable to that area.
(b)
Resubdivision of smaller property lots that creates
larger size lots which are in excess of the zoning regulations applicable
to the area.
(8)
Be accompanied by clerical fees and attorneys' fees,
in an amount determined by the Planning Board, sufficient to defray
the costs of clerical and legal services rendered. The applicant shall
deposit with the Village Clerk-Treasurer an amount estimated to defray
such costs. Any amount remaining after payment to the Clerk of the
Planning Board and the Village Attorney for services rendered shall
be returned to the applicant upon attainment of final approval or
in the event said application is withdrawn.
[Added 9-12-1977 by L.L. No. 7-1977]
(9)
Notice
and referral to other agencies and neighboring municipalities shall
be in compliance with General Municipal Law §§ 239-l
through 239-n and 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
Applicant to attend Planning Board meeting. The applicant
should then be prepared to meet with the Planning Board to discuss
the preliminary layout.
D.
Study of preliminary layout. The Planning Board will
carefully study the practicability of the preliminary layout, taking
into consideration the requirements of the community and the best
use of the land 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 size
and arrangement, the future development of adjoining lands as yet
unsubdivided and the requirements of the Village Plan and the Official
Map, as they may be adopted.
E.
Required changes for tentative approval. After discussion
of the preliminary layout, the Planning Board will advise the applicant,
in writing, of the specific changes it will require in the layout,
and the character and extent of required improvements and reservations
which it will require as a prerequisite to the approval of the subdivision
plat. This shall constitute tentative approval of the preliminary
layout.
A.
Application procedure. Within six months of the tentative
approval of the preliminary layout, the applicant shall file with
the Planning Board an application for approval of a subdivision plat.
The application shall:
(1)
Be made on forms provided by the Planning Board at
the time of tentative approval of the preliminary layout.
(2)
Include the entire subdivision, or a section thereof
which derives access from a street on the Official Map, which street
is improved to Village standards, or for which street a bond covering
such improvement is held by the Village.
(3)
Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in § 66-18 of this chapter.
(4)
Comply in all respects with the preliminary layout
as tentatively approved.
(5)
Be presented to the Chairman of the Planning Board
at least two weeks prior to a regular meeting of the Board in order
that a public hearing may be scheduled and the required five days'
notice given.
B.
Official submittal date. The subdivision plat shall
be considered officially submitted only at the regular meeting of
the Planning Board following completion of the application procedure
outlined above.
C.
Required endorsements.
(1)
Endorsement of State Department of Health and Public
Districts. Proposed water supply and sewerage service facilities in
the subdivision shall be approved by the New York State Department
of Health, pursuant to § 1116 of the Public Health Law,
and by any water, water supply, drainage improvement or sewer district
having jurisdiction. Application for approval of plans for water supply
and sewerage facilities may be filed with the Nassau County Department
of Health. Endorsement of approval shall be obtained by the subdivider
and submitted to the Board with the application for approval of the
subdivision plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Endorsement of Commissioner of Public Works. Pursuant
to § 334-a of the Real Property Law, the Board will not
consider approval of a subdivision plat unless the Commissioner of
Public Works of Nassau County has approved plans for grades of streets
shown on such map, and the drainage thereof. In the event that separate
and distinct plans for grading and drainage are required by the said
Commissioner, a copy of such plans shall be submitted to the Board
with the application for approval of a subdivision plat.
(3)
Approval by other planning authorities. Pursuant to
Section 1610 of the County Government Law of Nassau County, the planning
authority of each incorporated Village adjacent to the Incorporated
Village of Bayville and the Nassau County Planning Commission where
adjacent territory is unincorporated, have the power and authority
to approve plats within the Village and within 300 feet of the boundary
thereof. When a proposed subdivision lies wholly or partially within
300 feet of the Village boundaries, the subdivider shall obtain the
approval of the planning authority of the adjacent incorporated Village
and/or of the unincorporated territory, as the case may be, before
the Board approves the subdivision plat.
D.
County Official Map notification. The Planning Board
will also, if the county has established a County Official Map, notify
the Nassau County Planning Commission, and the County Superintendent
of Highways or the Commissioner of Public Works, if the subdivision
plat proposes structures or new streets having frontage on, access
to or is otherwise directly related to any county road, existing or
proposed, as shown on the County Official Map. The County Planning
Commission reports to the Planning Board within 30 days on its approval
or disapproval or on its approval subject to stated conditions of
the proposed subdivision plat. The plat may be approved by the municipality
subject to stated conditions, notwithstanding such report, when the
application of such report will act to deprive the owner of the reasonable
use of his land.
E.
Public Hearing. Before the Planning Board acts on
any subdivision plat, it shall hold a public hearing thereon, in accordance
with § 7-728 of the Village Law of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Action on proposed subdivision plat. After careful
study, the Planning Board shall, within 62 days from the official
submittal date of the subdivision plat, approve, modify or disapprove
such plat in compliance with all requirements of Village Law § 7-728.
The grounds for disapproval of any plat shall be stated on the records
of the Planning Board. A subdivision plat shall not be signed by the
authorized officers of the Planning Board until the applicant has
met all the conditions of the action granting approval of such plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Board and endorsed, in writing, on
the plat. In the event that any subdivision 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.
H.
Signing of the plat.
(1)
Every subdivision plat submitted to the Board for
its approval shall carry the following endorsement:
|
Approved by resolution of the Planning Board
of the Village of Bayville, New York, on the ______ day of ____________,
20____, subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this plat, as approved,
shall void this approval. Signed this ______ day of ____________,
20____, by
|
|
________________________
Chairman
|
|
_______________________
Secretary
|
(2)
In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary respectively may sign in his place.
(3)
If there is a County Official Map, such endorsement
shall stipulate that the plat does not conflict with the County Official
Map, or in cases where the plat fronts on, or has access to or is
otherwise related to roads or drainage systems shown on the County
Map, that such plat has been approved by the County Planning Commission
in the manner specified by the General Municipal Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Improvements and performance/payment bond. Prior to
an action by the Planning Board approving a subdivision plat, the
applicant shall be required to complete, in accordance with the Planning
Board's decision and to the satisfaction of the appropriate Village
departments, all the street, sanitary and other improvements specified
in the action approving said plat, or, as an alternative, to file
with the Village Board a bond in an amount estimated by the Planning
Board to secure to the Village the satisfactory construction and installation
of and payment for the uncompleted portion of the required improvements.
A period of one year, or such other period as the Planning Board may
determine appropriate, within which required improvements must be
completed, shall be specified by the Planning Board and expressed
in the bond. Such performance/payment bond shall comply with the requirements
of § 7-730 of the Village Law, and shall be satisfactory
to the Village Board as to form, sufficiency and manner of execution.
The bond shall provide that an amount determined adequate by the Planning
Board shall be retained for a period of one year after the date of
completion of the required improvements to assure their satisfactory
condition. All required improvements shall be made by the applicant
at his expense without reimbursement by the Village or any district
therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Inspection of improvements. The Village shall employ
an inspector to act as an agent of the Planning Board for the purposes
of assuring the satisfactory completion of improvements required by
the Planning Board, and shall determine an amount sufficient to defray
the costs of inspection. The applicant shall pay the Village costs
of inspection before the subdivision plat is signed for filing. If
the Planning Board or its agent finds, upon inspection, that any of
the required improvements have not been constructed in accordance
with the approved construction detail sheets, the applicant and the
bonding company will be severally and jointly liable for the costs
of completing said improvements according to specifications.
C.
Utilities. As to utilities required by the Planning
Board, the Board may accept assurance from each public utility company
whose facilities are proposed to be installed. Such assurance shall
be in writing, addressed to the Board, stating that such public utility
company will make the installations necessary for the furnishing of
its services within a specified time, in accordance with the approved
construction detail sheets.
D.
Monuments. Permanent monuments shall be set at block
corners and at intervals of approximately 500 feet, or such other
distance as the Planning Board may determine appropriate, and their
location shall be shown on the subdivision plat. Iron pipes shall
not be considered permanent monuments for the purpose of this chapter.
E.
Offers of cession and releases. The plat shall be
endorsed with the necessary agreements in connection with required
easements or releases. Offers of cession to the Village shall be presented
prior to plat approval. Formal offers of cession to the Village of
all streets and parks not marked on the plat with a notation to the
effect that such cession will not be offered shall be filed with the
Planning Board prior to plat approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon completion of all requirements set forth
in the action approving the subdivision plat, the plat shall be properly
signed by the appropriate officers of the Planning Board and shall
be filed by the applicant in the office of the County Clerk. Any subdivision
plat not so filed within 62 days of the date of Planning Board signature
shall become null and void.
For a resubdivision, the same procedure, rules
and regulations shall apply as for a subdivision.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Village of any street, park, playground or other open space shown
on said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect. The Planning Board may also
require the filing of a written agreement between the applicant and
the Village Board covering future title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any park or playground area.
