February 2009February 2009

Proposed Nassau CountyPlanning Initiatives

Presentation for the Long Island Regional Planning

Council

Review of Development in Nassau County

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Among other duties, the Planning Commission plays a role in administering the physical development of the County, in coordination with NCDPW and NCDOH Directly via Subdivision Review

Uniquely applies to Nassau County Advisory Role via Zoning Referrals, OSPAC

& SEQRA Conducts Current and Long-Term Planning

Studies

Background3

Process began because:

Subdivision development standards in County were “stuck” in old “sprawl” mold

Regulations were last overhauled around post-World War II suburban expansion

Complicated organization and language needed to be simplified and clarified

Notice to neighbors needed to be expanded Penalties needed additional legislation to be enforceable Laws relating to SEQRA and zoning needed to be

harmonized with changes in state law “Loopholes” to avoid County subdivision review needed to

be closed

Process Initiated in 2005

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Broad input was received from internal advisors, including: County Attorney’s Office NCDPW NCDOH Planning Department staff

Planning Commissioners past and present contributed

Public Participation Website Posting Hearings at the NCPC Outreach with members of the real estate bar, private & public

developers, municipal officials, planners and other individuals, including:

Nassau County Bar Association, Long Island Builders Institute, The Village Officials Association

3 Revisions/Updates Undertaken

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1. The Nassau County Charter

2. NCPC Regulations for the Subdivision of Land

3. Nassau County Guidelines for Streamlining Zoning Referrals

Proposed Legislative Initiatives:The Nassau County Charter

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Training Proposing 4 hours per year – similar to state law requirements

for other planning boards in the state

SEQRA Proposals reconcile case law and County procedures

Added standards for Electronic Filings

Incorporated Planning Department duties relating to transportation systems & environmental sustainability, reflecting current responsibilities of the department.

Added procedures for appealing both department staff and final NCPC decisions

Alternates Proposing 2 alternates to ensure quorums, especially at

hearings (to avoid default approvals), in the event of conflicts, as well as excused member appearances for the bi-weekly day & night meetings, & to accommodate development timeframes.

Zoning vs. Subdivision Powers

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Zoning: The power to enact land use controls, including the permissible uses on the land, some dimensional standards as well as residential density and non-residential bulk requirements

Subdivision Review: The power to divide land into two or more lots, usually for the purpose of selling the apportioned lot(s) to others Ensures that newly created lots have adequate infrastructure and

are properly designed within context of surrounding environment

NY State law & the NC Charter vest zoning authority in the cities, towns and villages.

In Nassau County (only), the Charter vests subdivision review in the County (via the NCPC) in the unincorporated areas, as well as within 300’ of municipal boundaries.

Proposed Legislative Initiatives:Subdivision Control

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Key revisions and amendments include: Minor vs. Major Subdivision terminology

Changed the phrase “Waiver of Filing Requirements” to “Minor Subdivision” when describing the creation of 4 or fewer lots

Terminology would now conform to other municipal codes and other regulatory thresholds

Penalties $500 – 5,000 per lot for premature marketing $1,000 – 10,000 per lot for premature construction

Definition of Subdivision and Lot

Removal of certain exceptions to prevent unreviewed subdivision of land in County

Noticing to Neighbors Increase notice period from 7 to 13 days, and from

contiguous neighbors only to all owners within 200’ radius

Proposed Legislative Initiatives:Subdivision Control (cont’d)

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Key proposals include: Clear application requirements and procedures

Incorporating different degrees of review and required extra-agency approvals depending on number of proposed lots and complexity of subdivision proposals.

Simplification of application process Removed specific engineering standards, deferring to other

applicable county and state requirements

General Subdivision Specifications Streets – More modern, flexible and adaptable requirements

Lot Size / Lot Width – Specific size/area requirements removed; deferring to local zoning regulations

Environmental Conditions – Specifies NCPC consideration of Sensitivity to preserving & enhancing environmental

features when configuring new lots (trees, freshwater / tidal wetlands)

Stormwater Management Practices – conform to local and state regulations.

Proposed Legislative Initiatives:Subdivision Control (cont’d)

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Flag and Panhandle Lots Certification of sufficient emergency access Public infrastructure design issues addressed

Sustainable, Efficient (“Smart”) Growth / Anti-Sprawl Concepts incorporated, including:

Pedestrian & Non-Motorized Transportation Accessibility Plans

Public Transportation Accessibility Plans

Liability Insurance - updated required amounts

Bond Procedures – clarified

Enforcement mechanisms – including stop work orders & preconstruction conferences

Post-approval procedures – reaffirmations, extensions of time, map amendments, certification of resolutions now incorporated

Fees – added 2 categories: Amended Map Applications & Appeals to the Planning Commission

Proposed Legislative Initiatives:Streamlining Zoning Referrals

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Limits the kinds of zoning actions that must be “referred” to the NCPC (per General Municipal Law Section 239-m) Lessens burdens on the local municipalities Increases local municipal efficiencies Decreases burdens on the NCPC, permitting more focused review of

County and regionally significant zoning matters

Certain proposed local actions need only be noticed to the NCPC, including: Minor additions or renovations to properties; Most fence variances; Telecommunication antennas mounted on structures such as

buildings or water towers; Single and separate residential lots that require area variances; and Parent/child permit requests/renewals.

Planning Initiatives Status

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Public Hearings held Comment Period closed

Next Steps: Proposals to be submitted to NC Legislature

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Presenters:Jeffrey H. Greenfield, NCPC ChairPatricia Bourne, Executive CommissionerJackie L. Gross, Deputy County AttorneySean E. Sallie, Planner III

* This is only a summary of some of the material changes proposed, and is not intended to include all proposed revisions. All proposed revisions can be found in the NCPC’s proposed Local Law, Regulations and Guidelines, available on the Internet at:http://www.nassaucountyny.gov/agencies/Planning/

ProposedLegislativeInitiatives.html