Malverne City Zoning Code
ARTICLE VIII
Planning Board; Subdivision of Land
§ 600-8.0 Title.
This article shall be known as and cited as the "Planning Board Law" of the Incorporated Village of Malverne.
§ 600-8.1 Appointments; terms of office; alternate members.
A.
There shall be a Planning Board of five members pursuant to the provisions of the Village Law. Each member shall be appointed by the Mayor, subject to the approval of the Board of Trustees.
B.
The term of each member of the Planning Board shall be five official years. If a vacancy shall occur otherwise than by the expiration of term, it shall be filled by appointment by the Mayor for the unexpired term.
C.
The Mayor, subject to the approval of the Board of Trustees, may appoint not more than three alternate members of the Planning Board. Each such alternate member shall attend meetings of the Planning Board and participate in its deliberations but shall vote only in the event that a member of the Planning Board is absent or otherwise unable to act with respect to a particular matter. When acting pursuant to the authority provided hereby, such alternate member shall have all of the rights and privileges of a member of the Planning Board. This subsection is adopted pursuant to the authority granted by § 10, Subdivision (1)(ii)(e)(3), of the Municipal Home Rule Law and shall supersede any provision of the Village Law which is inconsistent herewith.
D.
The Mayor, subject to the approval of the Board of Trustees, shall each year designate one member of the Planning Board as Chairperson, who shall serve until the commencement of the next official year or until a successor has been designated and qualified. The Chairperson shall have the duties and powers set forth in § 7-718 of the Village Law. This subsection is adopted pursuant to the authority granted by § 10, Subdivision (1)(ii)(e)(3), of the Municipal Home Rule Law and shall supersede any provision of the Village Law which is inconsistent herewith.
E.
In making appointments to the Planning Board, the Mayor and Board of Trustees may require Planning Board members to complete training and continuing education courses.
F.
The Mayor, subject to the approval of the Board of Trustees, shall be authorized to appoint a Secretary to the Planning Board.
§ 600-8.2 Powers and duties.
The Planning Board of the Village of Malverne is hereby authorized and empowered to:
A.
Upon the request of the Board of Trustees, study, report and make recommendations on any proposed final action to be taken by the Board of Trustees:
(1)
Change or add to the Official Map of the Village so as to create or abandon streets, highways or parks or to change the Village Zoning Map or the Village Code provisions on zoning and related matters;
(2)
Adopt or change any map of the Village or any part thereof relating to extensions or relocations into new areas of primary elements of the storm drainage or sanitary sewerage systems or the water distribution pipe system, but excluding replacements or reinforcements to meet operating problems;
(3)
Act with respect to the location and site plan for public buildings and the location and development of bridges, statues or monuments, parking areas, parks, parkways, squares, playgrounds or recreation grounds or public open spaces in the Village; and
(4)
Preliminarily approve site plans where permitted by law.
B.
Approve plats showing lots, blocks or sites, with or without streets or highways, and conditionally approve preliminary plats.
C.
Approve subdivision applications submitted pursuant to Village Law § 7-728.
D.
Advertise and hold public hearings when the Planning Board desires or when required by law or the Planning Board's rules and regulations.
E.
Consider changes to the rules and regulations relating to any subject matter over which the Planning Board has jurisdiction, after a public hearing. Recommendations for changes to the rules and regulations shall be made to the Board of Trustees, and adoption shall be by local law.
F.
Make recommendations to the Board of Trustees on monetary payments in lieu of land donations in new subdivisions, pursuant to Village Law § 7-730, Subdivision (4)(c).
G.
Require such performance bonds, letters of credit, insurance and warranties as may be provided for under Article 7 of the Village Law.
H.
Subject to the advance approval of the Board of Trustees, employ experts, clerks and a secretary and pay for the services and such other expenses as may be necessary and proper, not exceeding in all the appropriations which may be made for the Planning Board by the Board of Trustees.
I.
Impose such reasonable conditions and safeguards as it may deem appropriate in connection with the approval of any application.
J.
Consider and report on such other matters as may from time to time be referred to the Planning Board by the Board of Trustees.
K.
Exercise such further powers as may be delegated by resolution or local law adopted or enacted by the Board of Trustees or conferred on Planning Boards by state law.
§ 600-8.3 Approval of subdivisions.
A.
No land may be subdivided without the approval of the Planning Board, in accordance with the provisions of this article. Required submissions, as set forth in this article, may be waived when the Planning Board, or the Superintendent of Buildings or Public Works determines 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 this chapter.
C.
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.
D.
Planning Board approval is not required when the Superintendent of Buildings has issued a written determination that the proposed development involves a subdivision of property into four or fewer lots, provided that the subdivision does not involve a new street or road or extension of water or sewer facilities or the installation of drainage improvements through, or which serve, more than one lot.
§ 600-8.4 Subdivision procedures.
A.
Administrative review by the Superintendent of Buildings and Superintendent of Public Works.
(1)
Prior to a formal submission to the Building Department, the applicant shall meet with a representative of the Building Department to review the proposed subdivision. The applicant shall submit an informal plan which shows 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 Buildings shall refer the plan to the Superintendent of Public Works, who shall address all engineering issues, and may also refer the plan for comment to any Village department that is relevant to the review of the plan.
B.
Formal submission.
(1)
A subdivision application shall be submitted along with a preliminary plat, which shall be prepared by a New York State registered architect, licensed professional engineer or licensed land surveyor. The preliminary plat shall be submitted to the Superintendent of Buildings and Superintendent of Public Works, who shall 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 Superintendent of Buildings or Public Works may refer the proposal to any other 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 Board, the final plat shall be submitted to the Planning Board for its approval and shall include the following:
C.
Fees.
(1)
All submissions for subdivision approval shall be accompanied by a fee, which shall be established from time to time by resolution of the Board of Trustees.
(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 Buildings, the Superintendent of Public Works or the Planning Board to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA).
D.
Required submissions to be provided prior to referring an application to the Planning Board 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 Board for a public hearing until the Superintendent of Buildings 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. The following items must be submitted with an application for subdivision review:
(a)
Subdivision review application on a form provided by or approved by the Superintendent of Buildings.
(b)
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.
(c)
Filing fee.
(d)
Twelve plot plans prepared by a professional engineer, registered architect or professional licensed land surveyor, which shall show the following:
[1]
For each lot, the proposed setback, side yards, rear yard and plot area coverage.
[2]
Proposed and existing elevations of the four corners of the subject property and elevation of adjacent properties.
[3]
Location of driveways, curb cuts, roads and pedestrian walkways.
[4]
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.
[5]
Location of outdoor storage, including but not limited to materials, refuse and similar items.
[6]
Any proposed streets and culs-de-sac, showing the width and grade.
[7]
Location and size of any required dry well(s).
[8]
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.
[9]
North arrow, with the true north direction at the top of the map.
[10]
The location of existing water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
[11]
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.
[12]
Location of fire and other emergency zones, including the location of fire hydrants.
[13]
Location and design of all utilities, including electrical, gas and solar energy, telephone and cable television.
[14]
Location, size, design and type of construction of all proposed signs.
[15]
Local and proposed development of all buffer areas, including existing vegetative cover.
[16]
Location and design of outdoor lighting facilities and means of illumination showing lighting levels achieved over the entire site.
[17]
General landscaping plan and planting schedule.
[18]
Existing reference monuments with their symbol and additional monuments as required.
[19]
Title of the proposed subdivision.
[20]
Key map at a scale of 250 feet to the inch and location diagram at a scale of 3,000 feet to the inch.
(e)
Certified survey of the property to be subdivided that has been prepared no more than one year prior to submission.
(f)
Twelve copies of a radius map, which shall include the following information:
[1]
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.
[2]
Existing school, zoning and special district boundaries.
(g)
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.
(h)
Reservations, easements and areas to be dedicated to public use, if any.
(i)
Existing site conditions, which shall 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 satisfactory to the Superintendent of Buildings.
(j)
If the 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.
(k)
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.
(l)
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.
(m)
Any park to be developed for a playground or other recreational purpose.
(n)
Estimated project construction schedule and completion date, after all requisite approvals have been obtained.
(o)
Identification of any federal, state or county permits required for project execution.
(p)
Record of application and approval status of all necessary permits from federal, state and county agencies or authorities.
(q)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(r)
Existing contours with intervals of two feet or less, referring to Village of Malverne datum and showing at least one benchmark.
(s)
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 Superintendent of Buildings and the Village of Malverne.
(t)
A description of the method of public water supply, stormwater and sewage disposal and the location of such facilities and estimated volumes.
(u)
Identification of the location and amount of building area proposed for each intended use, including storage and common areas.
(v)
Other elements integral to the proposed development as considered necessary by the Planning Board, including but not limited to traffic studies, elevations and scale models.
(w)
Any other information that may be required by the Superintendent of Buildings, Public Works or the Planning Board.
§ 600-8.5 Public hearings.
A.
Every referral by the Superintendent of Buildings to the Planning Board for public hearing and action on an application for subdivision review shall be accompanied by a report prepared by the Superintendents of Buildings and Public Works and any other Village department which has reviewed the formal submission. The report shall state that the application is complete, and shall include all required submissions and recommendations.
B.
Scheduling of public hearing.
(1)
Upon the acceptance of a completed application, the application shall be scheduled for a public hearing in accordance with New York State Village Law § 7-728. The public hearing shall be scheduled to review the preliminary plat, in accordance with Village Law § 7-728(5).
(2)
At the conclusion of the public hearing, the Planning Board shall have 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 a subsequent 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 Board shall take into consideration any comments from the public and the Superintendent of Buildings and Public Works in making this determination.
C.
Compliance with State Environmental Quality Review Act (SEQRA). For its review of any subdivision, the Planning Board shall comply with SEQRA 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 a two-hundred-foot radius. The public hearing shall not commence unless the applicant has provided the Secretary of the Planning Board 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 15 days, and no more than 25 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 Superintendent of Buildings.[1]
(3)
Certified mail receipts given to the Secretary of the Planning Board no later than two days before the date of the meeting.
§ 600-8.6 Standards for subdivision review.
A.
In reviewing an application for subdivision approval, the Planning Board shall consider the requirements and recommendations submitted by the Superintendent of Buildings and Public Works, as well as requirements and recommendations of any other Village department which has reviewed the application.
B.
The Planning Board shall consider the:
(1)
Relationship of and compatibility of 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 Superintendent of Public Works or a New York State licensed professional acceptable to the Planning Board, 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.
§ 600-8.7 Planning Board action on subdivision applications.
A.
Required referrals, decisions, notice of decision, and filing of decision shall be made in accordance with New York State Village Law § 7-728(7), (9) and (11), and shall include findings of fact pertaining to the general standards set forth in § 600-8.6B.
B.
The Planning Board 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 Board authorization to the Planning Board Chair to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated therein.
C.
If the Planning Board'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 Board'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 Buildings shall issue the appropriate permit if the project conforms to all other applicable requirements.
F.
Upon disapproval, the Planning Board shall inform the Superintendent of Buildings, in writing, who shall not issue a building permit for the proposed use or action.
G.
No time limit upon which the Planning Board shall be required to act shall begin to run until the conclusion of the public hearings on the subdivision and the issuance of SEQRA findings. Failure on the part of the Planning Board 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 Board.
§ 600-8.8 Stamping of subdivision.
A.
After receiving approval from the Planning Board, with or without modifications, the applicant shall, within six calendar months, submit originals of the approved subdivision plat to the Planning Board for stamping and signature by the Planning Board Chair. The subdivision plat submitted for stamping shall conform strictly to the subdivision plat approved by the Planning Board, except that it shall further incorporate any revisions or other modifications required by the Planning Board's resolution.
B.
Upon stamping and signature by the Planning Board Chair, the Planning Board shall forward a copy of the approved subdivision plat to the Superintendent of Buildings and the applicant.
§ 600-8.9 Reservation of parkland on subdivision plats containing residential units.
A.
Legislative intent. The Village of Malverne (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 Board may approve a subdivision, the subdivision plat shall also show, when required by such Planning 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 Subsection C 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 a 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.
§ 600-8.10 Reimbursement of expenses required.
Assistance to the Planning Board. Such Board shall have the authority to call upon any department, agency or employee of the Village or to seek consultation or professional assistance (including but not limited to engineering, architectural and legal). All applicants under this article shall be required to pay the cost associated with such consultants or professionals. No subdivision approval or building permit shall be issued pursuant to the provisions of this chapter until the applicant reimburses the Village for all such expenses. At the time of application, and throughout the review process, the Planning Board or the Superintendent of Buildings may require an applicant to deposit with the Village Clerk such amounts to cover such fees and expenses. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by the Planning Board.