The proposed subdivision shall conform to the
applicable Zoning Ordinance[1] affecting the area.
[1]
See Ch 345, Zoning.
Pursuant to § 179-1 of the Village
Law,[1] in any subdivision of lands subject to § 334-a
of the Real Property Law or Article 9-A of the Real Property Law,
no lot shall be sold or offered for sale, no building permit shall
be issued for the construction of any building on any such lot and
no certificate of occupancy shall be issued for a building on any
such lot unless such lot shall be located either upon a highway or
upon a street laid out on the subdivision map and connected with a
highway, nor until the owner or subdivider shall have complied with
such statutes and further provided that such subdivision map shall
lay out not less than 20 acres and the plans therefor shall include
adequate and suitable provisions for the matters specified in this
article.
[1]
Editor's Note: See now § 7-730 of
the Village Law.
A.
Layout. The street layout shall be in conformity with
an advantageous development of the area covered by the plat submitted
and of the entire neighboring area.
B.
Continuation of streets. The arrangement of streets
in a subdivision shall provide for the continuation of the streets
in adjoining subdivisions or for their proper projection when adjoining
property has not been subdivided, so far as in the judgment of the
Commission such continuations or projections are necessary for fire
protection, for the proper movement of traffic or for the construction
or extension, presently or when required, of needed utilities and
public services such as sewers, water and drainage facilities. Where
streets are continued, they shall be not less than 50 feet wide.
[Amended 8-22-1983 by L.L. No. 25-1983]
D.
Culs-de-sac and dead-ends. Cul-de-sac or dead-end
streets shall be avoided. When a cul-de-sac is permitted, it normally
shall not exceed 350 feet in length and shall be equipped with a turnaround
roadway having a minimum radius of 40 feet for the curbline at the
closed end. A dead-end street for the purpose of future development
of adjacent property may be permitted or required by the Commission.
In such case a turnaround may be required by the Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
E.
Contour. Proposed streets shall be adjusted to the
contour of the land and to avoid streets of dangerous gradient. Curved
alignment should be used to secure economic location of streets where
the terrain is steep.
F.
Crossings. In the location of streets, consideration
should be given to possible underground or overhead crossings in connection
with railroads, traffic separation or major highways and parkways.
Traffic distributing circles may be required where needed.
G.
Title reservation. Reservation of the title in any
of the platted land or of any land controlling access to streets or
land otherwise reserved for public use is prohibited.
H.
Provision for widening. Whenever a street abuts property
to be subdivided and is less than 50 feet in width, provision for
the widening thereof may be required as directed by the Planning Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
I.
Curves. Within a block, street lines deflecting from
each other at any one point by more than 10º shall be connected
with a curve, the radius of which shall be subject to approval by
the Planning Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
J.
Grades; vertical curves. Grades of all streets shall
be the reasonable minimum, and unless warranted by extenuating circumstances,
shall be not less than 3/10% nor more than 5% for major and secondary
roads and not less than 3/10% nor more than 10% for minor roads. Gradients
shall be used to facilitate surface drainage to proper natural or
artificial outlets. All changes in street grades shall be connected
by vertical curves as approved by the Commissioner of Public Works.
Such vertical curves shall give a minimum sight distance of 1,000
feet on major roads, 500 feet on secondary streets and 300 feet on
minor residential streets.
K.
Drainage. The developer shall install facilities for
the drainage of streets as approved by the Commissioner of Public
Works. Any recharge basins required by the Commission shall be constructed
and completed and any other drainage facilities required
to be installed on the plat shall be constructed and completed prior
to the installation of any other improvements required on the plat.
All such drainage structures shall be maintained in good operating
condition until such time as the bond is released.
[Amended 8-22-1983 by L.L. No. 25-1983]
L.
Intersections. Four-way street intersections shall
be avoided where possible, with the exception of major highway crossings.
Where streets intersect one another, the angle of intersection shall
be as near 90º as possible. Curb radii at intersections where
the interior angle is greater than 80º shall be not less than
12 feet, and where the interior angle is less than 80º, larger
curb radii shall be provided as determined by the Commission and property
lines shall be established concentric thereto.
[Amended 8-22-1983 by L.L. No. 25-1983]
M.
Distance between street openings. Minor or secondary
street openings into a major road shall be at least 500 feet apart.
N.
Sidewalks, pavements, signs, etc. The developer shall
install sidewalks, curbs, and pavements on proposed streets as well
as curbs and sidewalks on existing streets which bound or intersect
the proposed subdivision, as approved by the Commission. The developer
will also be required to install street signs, property line monuments
and driveway aprons.
[Amended 8-22-1983 by L.L. No. 25-1983]
[Amended 8-22-1983 by L.L. No. 25-1983]
A.
Size generally. All lots shall at least conform to
applicable village zoning regulations. Ample space shall be provided
for the entire erection of a garage and the construction of a driveway
on each lot. If garages are not to be built prior to sale of lots,
ample space shall be left to permit erection of a garage and construction
of a driveway in conformance with the side yard requirements as specified
in the applicable zoning regulations.
B.
Side lines. Side lines of lots shall be at right angles
or radial to street lines unless otherwise approved by the Commission.
C.
Frontage. Lots shall not front directly on (that is
to say, have ingress from or egress to) a major road, but shall front
on a marginal road or on a minor interior street. Unless otherwise
permitted by the Commission, such marginal roads shall be at least
36 feet in width and shall provide for an eight-foot sidewalk area,
a twenty-four-foot paved roadway and four-foot strip adjoining the
major road. Where a proposed subdivision abuts a state park or parkway,
a marginal street or service road adjacent to the right-of-way of
such parkway or abutting such state park may also be required by the
Commission. When required, such streets adjacent to a state park or
parkway shall be a minimum of 50 feet in width. In the case of lots
abutting a major road and fronting on a minor interior street, such
lots shall be at least 115 feet in depth, of which the 15 feet nearest
the major road shall be restricted for planting; the plat shall carry
a note prohibiting vehicular access from such lots to the major road,
a declaration to that effect shall be recorded in the office of the
Village Clerk and the deeds of these lots shall carry such restrictions
as may be approved by the Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
Adequate and suitable area shall be provided
for recreation and parks. The minimum area acceptable to the village
for recreation and parks, to be dedicated by the developer to the
village, shall be not less than 5% of the gross area being subdivided.
[Amended 8-22-1983 by L.L. No. 25-1983]
The Commission may require the developer to
furnish all necessary public utilities in and to the proposed subdivision.
Water supply and sewage disposal must be furnished in accordance with
the plan approved by the State Health Department.
[Amended 8-22-1983 by L.L. No. 25-1983]
The developer shall install bulkheading, as
approved by the Commission, on existing or proposed canals and all
other waterfront plots.
A.
Minor residential streets shall have a minimum right-of-way
of 50 feet.
B.
Secondary or feeder streets shall have a minimum right-of-way
of 54 feet.
C.
The width of proposed future major roads shall be
determined by the Commission but shall be not less than 80 feet.
[Amended 8-22-1983 by L.L. No. 25-1983]
A.
Where the right-of-way is 50 feet, there shall be
30 feet between the curblines.
B.
Where the right-of-way is 54 feet, there shall be
34 feet between the curblines.
C.
Where the right-of-way is 80 feet or wider, the minimum
width between the curblines shall be as determined by the Planning
Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
D.
The required width of pavement shall be the distance
between the curblines, unless otherwise approved by the Commission.
Sidewalks shall be four feet in width and in residential areas shall
be placed two feet outside the property line. The placing of any street
trees, shrubbery or retaining walls within the right-of-way is not
permitted.
[Amended 8-22-1983 by L.L. No. 25-1983]
A.
All grading of streets shall be in accordance with
the grades approved by the Department of Public Works Nassau County.
B.
All streets shall be graded between the property lines
to conform to the established cross section and to provide for required
pavements, drainage, utilities, sidewalks and driveway aprons. All
driveway aprons shall be constructed to meet the sidewalk grade.
[Amended 8-22-1983 by L.L. No. 25-1983]
A.
All gas and water mains required by the Commission
shall be installed in accordance with the specifications of the utility
company or municipal authority or district serving the area.
B.
All streetlights and streetlighting standards shall
be installed in accordance with the specifications of the lighting
agency serving the area. Where required by the Commission, the developer
shall install streetlighting standards.
C.
Electric light and telephone wires shall be either
underground or on poles along the rear property lines or as modified
and amended by the Commission.
A.
All storm and sanitary sewers shall be constructed
in accordance with the specifications of the village and the County
Department of Public Works.
B.
The following regulations shall apply to stormwater
drainage or storage basins:
(1)
Permits. No construction of any stormwater drainage
or storage basins required to be constructed by the Commission upon
its approval of a subdivision plat shall be commenced without first
notifying the Commission when such work is to begin and permission
in writing given by the Secretary of the Commission to the developer
or his agents to begin such work.
[Amended 8-22-1983 by L.L. No. 25-1983]
(2)
Fences. No excavation for the pit in such a stormwater
drainage or storage basin shall be made unless and until there shall
be constructed a permanent fence entirely surrounding the proposed
excavation, built in accordance with the specifications of the County
Department of Public Works.
(3)
Safety. On and after the time of the commencement
of the excavation for the pit on the site of the stormwater drainage
or storage basin and until such time as the village shall have accepted
title to the plot on which it is located, the developer shall:
(a)
Employ a watchman or guard or such number of
them as shall be necessary to protect children against injury, who
shall be maintained at such site at all times when work is being performed
on the site.
(b)
At all other times keep all entrances or means
of ingress or egress in the fence closed and securely locked.
(4)
Liability insurance. No permit shall be issued by
the Secretary of the Commission to commence work on such a stormwater
drainage or storage basin unless there shall be filed in his office
by the developer a public liability insurance policy insuring the
village and the developer, covering the operation of such developer
and the construction of such stormwater drainage or storage basin,
with limits of one hundred $100,000/$200,000, such insurance to continue
in force until the performance bond has been discharged, the form
and manner of execution of such policy of insurance to bear the approval
of the Village Attorney.
[Amended 8-22-1983 by L.L. No. 25-1983]
(5)
Pending and uncompleted construction.
[Amended 8-22-1983 by L.L. No. 25-1983]
(a)
The regulations in Subsection B(1) through (4) shall apply to all stormwater drainage and storage basins shown on plats for the subdivision of land which have been approved by the Commission prior to the effective date hereof, except that if the performance bond for the installation of the improvements has been discharged, only Subsection B(3) shall continue in force and effect.
(b)
Wherever there shall exist at the time of the
effective date of these regulations any excavations for a stormwater
drainage or storage basin shown on a plat for the subdivision of land
approved by the Commission, the following additional regulations shall
apply:
[1]
The developer shall file with the Commission, within 15 days, the public liability insurance policy required in Subsection B(4).
[Amended 1-7-1991 by L.L. No. 1-1991]
[2]
No further excavation shall be made until the
permit to resume work shall have been issued by the Secretary of the
Commission.
[3]
If the stormwater drainage or storage basin
has not been completely surrounded by a fence and the performance
bond furnished to the village for the installation of the improvements
has not been discharged, the developer shall immediately:
[a]
Employ a watchman or guard or such
number of them as shall be necessary to protect children against injury,
who shall be maintained at such site from 7:00 a.m. to two hours after
sundown daily until a fence completely surrounding such excavation
shall have been erected and constructed in accordance with the specifications
of the village.
Monuments shall be reinforced concrete or stone
and shall be dour inches square, with a length of at least 36 inches,
and shall be embedded the full depth.
Street signs shall be placed at all intersections
and shall be constructed as follows:
A.
Standard. Steel post three inches in diameter or galvanized
iron 2 1/2 inches in diameter, 10 feet in length, 2 1/2
feet embedded in concrete, 7 1/2 feet above grade, finished at top
with post cap.
B.
Sign.
(1)
Galvanized or bonderized steel, No. 12 gauge, 4 1/2
inches in width by a length of between 19 and 30 inches, securely
fastened to a post cap to prevent swinging or turning. The sign shall
be of durable finish with letters at least two inches in height; or
(2)
Street signs of different design and specifications
may be placed upon approval of the Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
Bulkheading shall be constructed in accordance with the specifications prescribed in § 300-26.
[Amended 8-22-1983 by L.L. No. 25-1983]
The Commission may employ inspectors to ensure the satisfactory completion of improvements and utilities required by the Commission. If the applicant elects to install such improvements and utilities before the final approval of the plat, the applicant shall notify the Commission in writing and an inspector will be assigned thereto. If a bond is to be given to ensure completion of such improvements, the Commission will assign an inspector to ensure such satisfactory completion after final approval of the plat. The developer shall pay to the Commission the cost of such inspections. The approximate cost shall be agreed upon by the Commission and the applicant and be included in the amount of the bond as required in § 300-4E.
A.
The Commission may vary, subject to appropriate conditions,
such requirements of the foregoing regulations as in its judgment
of the special circumstances and conditions relating to a particular
plat are not requisite in the interest of the public health, safety
and general welfare. When making its determination as to the improvements
to be required, the Commission shall take into consideration the prospective
character of the development and the allowed density of population
under the applicable zoning regulations.
[Amended 8-22-1983 by L.L. No. 25-1983]
B.
The Commission shall also hear and decide all matters
upon which it is required to pass under these regulations.
[Amended 8-22-1983 by L.L. No. 25-1983]
C.
Where the applicant desires the variance of any provision
of the within regulations, he shall include a request therefor, with
a statement of reasons for such request, with his application for
the approval of the preliminary layout.
A.
All street paving, curbs, gutter slabs, sidewalks
and driveway aprons shall be constructed in accordance with the specifications
for subdivisions prepared by the County Department of Public Works
and in effect at the time of the final approval of the plat or as
modified, changed or amended by the Board of Trustees of the village.
The general types, thickness and other requirements shall be as follows:
(1)
Pavement specifications.
(b)
Concrete-type pavement shall be six-inch-thick
portland cement reinforced concrete pavement mixed proportionately
using one part portland cement and two parts washed sand and four
parts broken stone aggregate, measured separately by weight.
(2)
Curb specifications. Curbs shall be 18 inches in depth
with five inches extending above the waterline and six inches in width
at the top expanding to a width of seven inches at the waterline and
continuing at that width to the bottom. The curb shall be constructed
of concrete with a one-to-two-to-four mix.
(3)
Gutter slab specifications. A gutter slab of concrete
shall be required in conjunction with bituminous-type pavement where
the gradient is less than 0.3% and shall be constructed three feet
wide adjacent to the curb with a one-to-two-to-four mix and six inches
thick.
(4)
Sidewalk specifications. Sidewalks shall be four inches
thick and at least four feet wide, constructed of one course of concrete
with a one-to-two-to-four mix. Where the sidewalk is laid in driveway
entrances, it shall be six inches thick.
(5)
Driveway apron specifications. Driveway aprons shall
be six inches thick, 10 feet in width at the face of the curb and
seven feet in the width at the sidewalk, with a step in the face of
the curb of one inch, constructed of one course of concrete using
a one-to-two-to-four mix.
B.
The foregoing specifications are subject to change
by the County Department of Public Works at any time. Specifications
for any subdivision approved prior to any change shall remain in force.
A.
All timber bulkheads in subdivisions shall be designed
in accordance with accepted engineering practices and shall take into
account site conditions, type and extent of soil conditions on both
sides of the bulkhead line, depth of water, purpose bulkhead is to
serve and other pertinent design data. Plans, specifications and design
computations prepared by a licensed professional engineer shall be
submitted to the village for approval prior to the start of any construction.
Bulkhead design shall be prepared for conditions of deep water at
the high-water line and for separation of beach land at high water
from the uplands.
B.
All bulkhead designs shall consider the specifications
for timber bulkheads of the Nassau County Planning Commission as a
minimum requirement but shall be reinforced where design data warrants.
