Nassau County Planning Commission: Subdivision Control

The Planning Commission has jurisdiction, under Section 239-n (Article 12-B) of New York State General Municipal Law, and Article XVI, Section 1610 of Nassau County Law, to review and approve 1) all subdivisions in unincorporated areas and 2) all subdivisions within 300 feet of a municipal boundary. According to the County charter, the Commission is involved in the subdivision process in order to guide a “coordinated, adjusted and harmonious development of the county which will in accordance with present and future needs, best promote health, safety, and the general welfare, as well as efficiency and economy in the progress of development.”

Commonly asked questions about the subdivision process in Nassau County are presented and answered below.

What is a subdivision?
The subdivision of land involves the legal division of a parcel into two or more lots for future development or sale. The subdivision and development of individual parcels must conform to the provisions of local zoning codes.

What are the steps involved in subdivision review?
Major steps in the subdivision process are as follows:

• The applicant files a subdivision application with the Planning Commission.
• The Planning Commission decides whether a full subdivision is required, or if it is possible to grant a waiver of subdivision filing requirements. A waiver may be granted in instances where an applicant wishes to subdivide a property into fewer than five lots that conform to the applicable zoning codes and does not intend to construct a new road or extension.
• If it is possible to grant a waiver of subdivision filing requirements, a hearing is held to review the application. If a waiver of subdivision filing requirements is granted, the applicant files a revised property map with the County Office of the Clerk.
• If a full subdivision review is required, the applicant submits a preliminary plat to the Planning Commission. A plat is a map that depicts the arrangements of buildings, roads, and other services for a proposed development.
• Within forty-nine days of receipt of preliminary plat, the Planning Commission schedules a public hearing (which must be advertised by the applicant at least once in a newspaper of general circulation in the County, at least seven days before the hearing).
• The public hearing is held.
• Within forty-nine days of the hearing, the Planning Commission approves with or without modification or disapproves the preliminary plat, and provides reasons for the decision.
• Within twelve months of the preliminary plat approval, the applicant submits a final plat and a complete application for final approval to the Planning Commission.
• Within forty-nine days of the submission of the final plat, a hearing may be held by the Planning Commission, if the Commission deems a hearing necessary.
• The Planning Commission conditionally approves, conditionally approves with modification, disapproves, or grants final approval for the subdivision.
• Upon adoption of a resolution of conditional approval of the final plat, the plat is signed and a copy is filed with the County.

Note that timeframes are subject to modifications, with mutual consent of the owner or applicant and the Planning Commission.

How does the Planning Commission evaluate a subdivision application?
The Planning Commission considers the potential impact of the subdivision on the community, the environment, existing infrastructure and road capacity. All new subdivisions must be provided with adequate ingress and egress along with necessary infrastructure and services. Please see the Environmental Review page for a discussion of the SEQR process.

Is there a fee associated with the subdivision review?
Yes. (NCPC Fee Schedule)

When filing for a subdivision waiver, an applicant is charged $500 per lot for a residential subdivision, and $750 per lot for subdivisions involving all other land uses. The applicant will also be charged $500 for an environmental assessment, and $500 for any requested variance from the Nassau County Subdivision Requirements.

Applicants required to complete a full subdivision review will be charged $500 per lot/unit for a residential subdivision, and $750 per lot for subdivisions involving all other land uses. An additional $500 will be charged for the preliminary environmental assessment, $750 per acre for the draft environmental impact statement (DEIS), and $1,500 for the final statement (FEIS). A filing fee of $1,500 per section will be charged for final subdivision applications.

When completing a full subdivision review, an applicant must file with the Commission a performance bond and/or cash security in an amount specified by the Commission. The amount is determined by the estimated cost of all public improvements needed to support the development – including streets, sidewalks, streetlights, and other infrastructure. If the developer fails to properly construct these improvements, the County can use the bond/cash security to perform the job itself. If/when the developer satisfactory completes the required public improvements, the Planning Commission recommends to the Nassau County Legislature that the funds be returned in full.