[HISTORY: Adopted by the Board of Trustees
of the Village of Garden City 6-19-2008 by L.L. No. 3-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning Board of Appeals — See Ch. 50.
Architectural review — See Ch. 57.
Building construction administration — See Ch. 68.
Environmental quality review — See Ch. 94.
Fire prevention — See Ch. 107.
Flood damage prevention — See Ch. 111.
Parks and playgrounds — See Ch. 150.
Storm sewers — See Ch. 176.
Stormwater management — See Ch. 177.
Streets and sidewalks — See Ch. 178.
Trees — See Ch. 188.
Water — See Ch. 197.
Zoning — See Ch. 200.
[1]
Editor's Note: This local law also repealed
former Ch. 38, Planning Commission: Art. I, Approval Authority, adopted
10-5-1967 by Ord. No. 7.2 of the Revised Unified Code of Ordinances.
The Village hereby continues the Planning Commission,
established under Article 12-A of the New York State General Municipal
Law, which shall have all powers and duties of a village planning
commission as described in Article 12-A of the New York State General
Municipal Law and shall also have all the powers and duties of a village
planning board as described in Article 7 of the New York State Village
Law.
[Added 12-5-2018 by L.L.
No. 2-2018]
Notwithstanding any state or local law to the contrary, commencing
on April 1, 2019, no person shall be designated to or serve in the
position of Chairperson of the Planning Commission for more than seven
consecutive official years, as defined in § 3-302 of the
Village Law. For purposes of this section, service as Chairperson
immediately prior to April 1, 2018 shall be included in determining
whether or not any person has served for seven consecutive years.
Notwithstanding the foregoing seven-consecutive-year limitation, any
person duly appointed to the Planning Commission shall be eligible
to serve or continue to serve as a member without limitation.
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 water supply, sewage disposal, storm drainage, lighting, landscaping
and garbage facilities.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
The map of a subdivision to be recorded after approval by
the Planning Commission.
The division of any parcel of land into not more than four
lots fronting on an existing street that does not involve:
The Planning Commission of the Incorporated Village of Garden
City.
A preliminary drawing or drawings, including preliminary
plans and profiles, at a suitable scale and in such detail as required
by this chapter and prepared in a manner prescribed by this article
that shows the layout of a proposed subdivision, including, but not
limited to, road and lot layout with approximate dimensions, key plan,
topography, drainage, and all proposed facilities.
The division of any parcel of land into five or more lots,
blocks or sites, with or without streets or highways, or the division
of any parcel of land into four 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.
A.
No land may be subdivided without the approval of
the Planning Commission, in accordance with the provisions of this
chapter. The Planning Commission may waive required submissions, as
set forth in this chapter, when the Superintendent of the Building
Department and the Director of Public Works determine that compliance
is unnecessary for the comprehensive review of the proposed subdivision.
In addition, the Planning Commission 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 the Building Department, except upon authorization of and in conformity
with the subdivision approval.
D.
In all cases where a variance 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.
A.
Administrative review by the Superintendent of the
Building Department and Director of Public Works.
(1)
Presubmission of a sketch plan to the Building Department.
Prior to a formal submission to the Building Department, the applicant
shall meet with a representative of the Building Department to review
a sketch plan of the proposed subdivision. The sketch plan will show
the following:
(a)
General layout of roads, blocks and lots.
(b)
Areas of land reservations or open space.
(c)
Proposed street improvements and utilities, including
water supply, sewage disposal, storm drainage, electricity, fire protection,
lighting and landscaping.
(d)
Availability of existing public services, such as
police, fire, sanitation, recreation and schools.
(2)
The Superintendent of the Building Department will
refer the sketch plan to the Director of Public Works, who will address
all engineering issues, and also refer the plan for comment to any
Village department that is relevant to the review of the sketch plan.
B.
Formal submission.
(1)
Preliminary plat. A preliminary plat, as defined in § 38-3, will be prepared by a New York State registered architect, licensed professional engineer or licensed land surveyor. The preliminary plan shall be submitted to the Superintendent of the Building Department and the Director of Public Works, who will review the plan and prepare recommendations on all zoning and engineering issues, including, but not limited to, streets and cul-de-sac dimensions, sewage, water, drainage, electric, traffic, and fire protection access that are included in or affected by the plan. In addition, the Director of Public Works will refer the proposal to any Village department relevant to the review of the submission for recommendations on all subdivision issues included in or affected by the plan.
(2)
Final plat. When required by the Planning Commission,
the final plat shall be submitted to the Planning Commission for its
approval and shall include the following:
(a)
Approvals required by any other agencies or authorities.
(b)
A complete set of all subdivision and construction
plans.
(c)
Irrevocable offers of dedication and/or development
agreements.
(d)
Performance bonds, as determined to be necessary by
the Superintendent of the Building Department or the Director of Public
Works.
C.
Fees.
(1)
All submissions for subdivision approval shall be
accompanied by a fee, as established by the Board of Trustees, to
compensate the Village for its costs of planning, design, environmental,
engineering and legal review.
(2)
Such fees do not cover the cost of the Village's review
of an environmental assessment form (EAF) or an environmental impact
statement (EIS), if an EIS is determined to be necessary. The applicant
shall be responsible for the total cost of any environmental review
that is determined by the Superintendent of the Building Department,
the Director of Public Works or the Planning Commission to be necessary
to meet the requirements of the State Environmental Quality Review
Act (SEQRA).
D.
Required submissions for subdivision review. Required
submissions to be provided, prior to referring an application to the
Planning Commission for a public hearing:
(1)
An application for subdivision review shall not be
accepted by the Village and shall not be referred to the Planning
Commission for a public hearing until the Superintendent of the Building
Department determines it to be complete, in accordance with the provisions
of this chapter.
(2)
Completeness. No application shall be deemed complete
unless it meets the information requirements listed in this section,
and unless it is accompanied by an environmental assessment form (EAF).
(3)
Submission requirements.
(a)
The following items must be submitted with an application
for subdivision review:
[1]
Subdivision review application on a form provided
by or approved by the Building Department.
[2]
The name and address of the applicant and licensed
professionals engaged to work on the project shall be shown. Where
the applicant or owner is a corporation, this shall include the names
and addresses of all officers, directors and principal stockholders.
[3]
Filing fee.
[4]
Twelve plot plans prepared by a professional
engineer, registered architect or professional licensed land surveyor,
which will show the following:
[a]
For each lot, the proposed setback, side yards,
rear yard and plot area coverage.
[b]
Proposed and existing elevations of the four
corners of the subject property and elevation of adjacent properties.
[c]
Location of driveways, curb cuts, roads and
pedestrian walkways.
[d]
All means of vehicular access and egress to
and from the subdivision onto public streets, and design and type
of construction of all pedestrian access and circulation.
[e]
Location of outdoor storage, including but not
limited to materials, refuse and similar items.
[f]
Any proposed streets and cul-de-sac, including
the width and grade.
[g]
Location and size of any required dry well(s).
[h]
The title of the drawing, including the name
and address of the applicant, the owner and the person responsible
for preparation of such drawings and date.
[i]
North arrow, with the true north direction at
the top of the map.
[j]
The location of existing water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
[k]
Location and design of all existing and proposed
site improvements, including walls, fences, hedges and screen plantings
and all existing trees on the subject property which have at least
one trunk of eight inches in diameter or greater, at a height of 4 1/2
feet above the ground.
[l]
Location of fire and other emergency zones,
including the location of fire hydrants.
[m]
Location and design of all utilities, including
electrical, gas and solar energy, telephone and cable television.
[o]
Local and proposed development of all buffer
areas, including existing vegetative cover.
[p]
Location and design of outdoor lighting facilities
and means of illumination showing lighting levels achieved over the
entire site.
[q]
General landscaping plan and planting schedule.
[r]
Existing reference monuments with their symbol
and additional monuments as required.
[s]
Title of the proposed subdivision.
[t]
Key map at a scale of 250 feet to the inch and
location diagram at a scale of 3,000 feet to the inch.
[5]
Certified survey of the property to be subdivided
that has been prepared no more than one year prior to submission.
[6]
Twelve copies of a radius map, which will include
the following information:
[a]
Radius map from the Village Tax Map showing
all lots within a radius of 200 feet from all corners of the property
in question, designating map name, block, lot(s), street addresses,
size of plot and name of the owner of each parcel within said radius
in accordance with the Village tax description.
[b]
Existing school, zoning and special district
boundaries.
[7]
If applicable, setback from the street line
of all existing dwellings on the same side of the street within the
same block of the proposed dwelling or dwellings.
[8]
Reservations, easements and areas to be dedicated
to public use, if any.
[9]
Existing site conditions, which will include the location of existing buildings and, if applicable, water bodies, floodplains, and floodplain boundaries as determined by the Federal Emergency Management Agency, watercourses, marshes, rock outcrops, wooded areas, existing vegetative cover, all trees eight inches in diameter or greater at a height of 4 1/2 feet above the ground, and other significant existing features on the site. This submission shall include a report of any trees of the above stated dimensions that have been removed within a twelve-month period prior to the subdivision application, along with a tree replacement plan that conforms to requirements of the Director of Public Works pursuant to Chapter 188 of the Village Code.[2]
[10]
If this building plot is a split-off from an
existing plot with dwelling, 12 surveys of the existing dwelling and
all structures showing setback side yards, front yard, rear yard,
and plot area coverage.
[11]
The extent and amount of cut and fill for all
disturbed areas, including before-and-after profiles and cross section
of typical development areas, parking lots and roads, and including
any erosion and sedimentation control plan, if applicable.
[12]
Lines and dimensions of all property offered,
or to be offered, for dedication for public use, indicating the purpose
of all property that is proposed to be served by deed covenant for
the common use of the property owners of the development.
[13]
Any park to be developed for a playground or
other recreational purpose.
[14]
Estimated project construction schedule and
completion date, after all requisite approvals have been obtained.
[15]
Identification of any federal, state or county
permits required for project execution.
[16]
Record of application and approval status of
all necessary permits from federal, state and county agencies or authorities.
[17]
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
[18]
Existing contours with intervals of two feet
or less, referring to Village of Garden City datum and showing at
least one bench mark.
[19]
All proposed lots, easements and public and
community areas; all proposed streets with profiles indicating grading
and cross sections showing width of roadway, location and width of
sidewalk and location and size of utility lines according to the standards
and specifications established or approved by the Director of Public
Works of the Village of Garden City.
[20]
A description of the method of public water
supply, stormwater and sewage disposal and the location of such facilities
and estimated volumes.
[21]
Identification of the location and amount of
building area proposed for each intended use, including storage and
common areas.
[22]
Other elements integral to the proposed development
as considered necessary by the Planning Commission, including but
not limited to traffic studies, elevations and scale models.
(b)
Any other information that may be required by the
Superintendent of the Building Department, Director of Public Works
or Planning Commission.
A.
Report on completed application. Every referral by the Superintendent of the Building Department to the Planning Commission for public hearing and action on an application for subdivision review shall be accompanied by a report prepared by the Superintendent of the Building Department, the Director of Public Works and any Village department which has reviewed the formal submission. The report will state that the application is complete, and shall include requirements and recommendations with regard to the proposed plat, subdivision development and SEQRA that address the information included in the required submissions set forth in § 38-5D(3).
B.
Scheduling of public hearing.
(1)
Upon the provision of the report to the Planning Commission,
the application shall be scheduled for a public hearing, in accordance
with New York State Village Law § 7-728. The public hearing
will be scheduled to review the preliminary plat, in accordance with
§ 7-728(5).
(2)
At the conclusion of the public hearing, the Planning
Commission has the option to either convert the preliminary plat into
a final plat or to direct the developer to prepare a final plat, for
review at an additional public hearing, in accordance with New York
State Village Law § 7-728(6). Prior to exercising its option
to convert the preliminary plat into a final plat, the Planning Commission
shall take into consideration any comments from the public and the
Superintendent of the Building Department and the Director of Public
Works in making this determination.
C.
Compliance with State Environmental Quality Review
Act (SEQRA). For its review of any subdivision, the Planning Commission
shall comply with the provisions of the State Environmental Quality
Review Act under of the Environmental Conservation Law and its implementing
regulations and shall conduct and complete its SEQRA review in coordination
with commencing the public hearing on the review of the plats, and
in accordance with New York State Village Law.
D.
Notice to property owners within the required radius.
The public hearing will not commence unless the applicant has provided
the Secretary of the Planning Commission with the following:
(1)
Names and addresses of owners, designating the map
name, block, and lot(s) in accordance with the Village tax description.
(2)
Proof that notice, by certified mail, return receipt
requested, has been provided to all owners within the required two-hundred-foot
radius at least 10 days before the scheduled hearing date. The notice
to the owners must state the nature of the application, date of hearing,
location, and address of the property to the satisfaction of the Building
Department.
(3)
Certified mail receipts given to the Secretary of
the Planning Commission no later than two days before the date of
the meeting.
A.
In reviewing an application for subdivision approval,
the Planning Commission shall consider the requirements and recommendations
submitted by the Superintendent of the Building Department and the
Director of Public Works, as well as requirements and recommendations
of any other Village department.
B.
The requirements and recommendations shall address
the following issues:
(1)
Relationship of and compatibility with the proposed
development to the surrounding neighborhood.
(2)
Ecological considerations, including the adequacy
of water supply, electrical power, preservation of trees, preservation
of topography, preservation of environmentally sensitive land, natural
resources, and tree replacement.
(3)
Adequacy of proposed sidewalks, streets and culs-de-sac,
including length, width and suitable grade, and the ability of proposed
streets to facilitate and provide access, ingress, egress and maneuverability
of fire-fighting equipment and waste collection vehicles.
(4)
Adequacy of proposed streets to create a safe vehicular
and pedestrian traffic system to mitigate the impact to adjacent properties
and to minimize the impact of off-site properties from traffic generated
by the development.
(5)
Adequacy of proposed streets to complement adjacent
street systems.
(6)
Adequacy of proposed design of streets to ensure that
they are of sufficient width and suitable grade and suitably located
to accommodate the prospective traffic.
(7)
Adequacy of storm drainage facilities, sanitary sewer
systems, waste disposal facilities, utility services, and water mains,
as determined by the Director of Public Works or a New York State
licensed professional acceptable to the Planning Commission, to ensure
that the lots that result from the subdivision can be adequately drained
without damaging neighboring properties.
(8)
Traffic impact on surrounding streets and on the Village
overall to ensure adequate access, visibility and safety.
(9)
Adequacy of on-site circulation, including but not
limited to the arrangement of vehicular traffic, ingress and egress,
driveway connections to public streets, intersections, road widths
and traffic control, with satisfactory access for emergency vehicles
and maintenance equipment.
(10)
On-site pedestrian and bicyclist circulation, including
but not limited to the separation of pedestrian traffic from vehicular
traffic, and locations of walkways and intersections.
(11)
Provision of parkland or recreation area.
(12)
Conformance to local comprehensive plan, local zoning
and land use controls.
(13)
Compliance with County Department of Health and Department
of Public Works requirements.
(14)
Compliance with New York State Department of Transportation
requirements, where applicable.
B.
The Planning Commission shall act by written resolution
to approve, disapprove, or approve with modifications the subdivision
plans. A resolution of either approval or approval with modifications
shall include Planning Commission authorization to the Planning Commission
Chair to stamp and sign the site plan upon the applicant's compliance
with the submission requirements stated therein.
C.
If the Planning Commission's resolution includes a
requirement that modifications be incorporated in the subdivision
plan, conformance with the modifications shall be considered a condition
of approval and shall be satisfied prior to signing of the subdivision.
D.
If the subdivision is disapproved, the Planning Commission's
resolution shall state specific reasons for such decision. The reasons
must be based upon professional standards and may not be based upon
generalized community opposition to a particular project.
E.
Upon approval or approval with modifications, the
Superintendent of the Building Department shall issue the appropriate
permit if the project conforms to all other applicable requirements.
F.
Upon disapproval, the Planning Commission shall inform
the Superintendent of the Building Department, in writing, who shall
not issue a building permit for the proposed use or action.
G.
No time limit upon which the Planning Commission shall
be required to act will begin to run until the conclusion of the public
hearings on the subdivision and with regard to SEQRA and the issuance
of SEQRA findings. Failure on the part of the Planning Commission
to act within the time limits set forth in New York State Village
Law § 7-728(6) and (7) shall not be deemed to constitute
approval. Any time limits may be extended at the sole discretion of
the Planning Commission.
A.
Submission requirements for stamping. After receiving
approval from the Planning Commission, with or without modifications,
the applicant shall, within six calendar months, submit originals
of the approved subdivision plat to the Planning Commission for stamping
and signature by the Planning Commission Chair. The subdivision plat
submitted for stamping shall conform strictly to the subdivision plat
approved by the Planning Commission, except that it shall further
incorporate any revisions or other modifications required by the Planning
Commission's resolution.
B.
Effect of stamping by the Planning Commission. Upon
stamping and signature by the Planning Commission Chair, the Planning
Commission shall forward a copy of the approved subdivision plat to
the Superintendent of the Building Department and the applicant.
A.
A statement shall be placed on all subdivisions approved
by the Planning Commission to the effect that the owner agrees to
comply with the plat and all conditions noted thereon. The installation
of required site improvements (all roads, paved areas, drainage, utilities,
outdoor lighting, open space and recreation, landscaping and screening,
including planting) that affect public property and are an integral
part of the approved plat may be guaranteed by cash, performance bond
or other acceptable guaranty approved by the Board of Trustees and
the Village Attorney. In the event that a satisfactory guaranty is
not provided within 90 calendar days of the date of the resolution,
the subdivision approval will be null and void. A guaranty of the
improvements shall be for 100% of the cost of improvements. The cash,
performance bond or other acceptable guaranty shall be conditioned
on the property owner's or developer's completing the work as set
forth on the approved subdivision in a manner satisfactory to the
Planning Commission, and upon the proper functioning of the improvements
for a period of one calendar year from their completion.
B.
In case of default, the guaranty shall be forfeited.
The Village, in its sole discretion, shall use the amount to complete
any incomplete portion of the said work, to make sure repairs are
undertaken as are necessary to assure the proper functioning of the
improvements, or to restore the site in whole or in part. If any amount
of money remains after the Village has completed the work, any excess
money will be returned to the surety or the person putting up the
required guaranty. The installation of all improvements shall be under
the direct supervision of a New York State registered or licensed
professional.
C.
To obtain a building permit, an applicant shall provide
to the Superintendent of the Building Department proof of acceptance
of the guaranty by the Village Board. No part of the guaranty shall
be released until all of the requirements of subdivision approval
have been met, including the construction and completion of all site
improvements, and their inspection and approval by the Village.
A.
Legislative intent. The Village of Garden City (Village)
finds that the provision of parkland and recreation facilities in
conjunction with a development containing residential units is necessary
to meet the needs of its residents. Where it is not practical for
a particular development to provide parkland and recreational facilities,
the Village finds that in lieu of providing such facilities, funds
shall be deposited with the Village to be used exclusively for parks,
playgrounds or recreation facilities, including the acquisition of
property.
B.
Before the Planning Commission may approve a subdivision,
the subdivision plat shall also show, when required by such Commission,
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 Commission 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 Commission makes a finding pursuant to § 38-11C 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 Commission 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 Commission 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 Commission 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.
A.
Reasonable costs incurred by the Planning Commission
and Board of Trustees for private consultation fees or other extraordinary
expense in connection with the review of a proposed subdivision shall
be charged to the applicant. Such reimbursable costs shall include
planning, design, environmental, engineering and legal fees and shall
be in addition to the application fee required. Maximum amounts for
such reimbursable costs by project type and size shall be in accordance
with the fee established by the Board of Trustees. Said fee shall
include the requirement that an escrow account be established upon
the Board's receipt of the application to cover the anticipated costs
for such consultant review and other expenses, and shall be replenished
as required by the Board.
In the event of any conflicts between this chapter
and Article 12-A of the New York State General Municipal Law or Article
7 of the New York State Village Law, the provisions of this chapter
shall prevail.
