Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck at time of adoption of Code 4-12-1994 by L.L. No. 1-1994; see Ch. 1, General Provisions, Art. I.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 18.
Flood damage prevention — See Ch. 61.
Zoning — See Ch. 129.
Subdivision of land fees — See Ch. A132, Art. II.
[1]
Editor's Note: The provisions of this chapter were derived from "Rules and Regulations of the Planning Board," adopted 12-10-1963 and subsequently revised by the Planning Board.

§ 109-1 Planning Board authority.

By resolution adopted by the Board of Trustees on the ninth day of April 1955, pursuant to the provisions of the Village Law and pursuant to the County Government Law of Nassau County, the Planning Board of the Village of Mill Neck has the power and authority to approve plats for subdivisions within the Village of Mill Neck.

§ 109-2 Definitions.

For the purpose of this chapter, certain words used herein are defined as follows:
BOARD
The Planning Board of the Village of Mill Neck.
ENGINEER
The engineer duly designated by the Planning Board of the Village of Mill Neck or, if there is no such official, the planning consultant or engineer employed by or assigned to the Village Planning Board.
MASTER PLAN
A comprehensive plan prepared by the Planning Board pursuant to § 7-722 of the Village Law which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Village of Mill Neck and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
OFFICIAL MAP
The map established by the Board of Trustees under § 7-724 of the Village Law showing streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Board of Trustees or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
PLAT
The final map on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording.
PRELIMINARY MAP
The preliminary drawings indicating the proposed map of the subdivision to be submitted to the Planning Board for its consideration.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other divisions of land.

§ 109-3 Approval required.

No person, firm or corporation proposing to make or having made a subdivision, as defined herein, within the territorial limits of the Village of Mill Neck shall make any contract for the sale of or shall offer to sell such subdivision or any part thereof or shall proceed with any development, as defined herein, until it has obtained from the Planning Board of the Village of Mill Neck approval of the proposed subdivision and/or development pursuant to the procedure outlined in this chapter.

§ 109-4 Approval procedure.

A. 
Application for approval.
(1) 
Whenever any subdivision of land is proposed to be made for the sale of or any offer to sell such subdivision or any part thereof is made, the subdivider or owner thereof or his agent shall apply in writing to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications in §§ 109-5 through 109-10 of this chapter.
(2) 
The preliminary map, topographic map, street profiles and formal subdivision plat and all procedure relating thereto shall in all respects be in full compliance with the provisions of §§ 7-728 and 7-730 of the Village Law and this chapter, except where variation therefrom may be specifically authorized by the Board.
(3) 
Ten copies each of the preliminary map, as described in § 109-6, designated as such, at the scale of not more than 100 feet to the inch, topographic map at the same scale and proposed street grades at appropriate scales shall be filed with the Board, accompanied by the fees as set forth in Chapter A132, Fees, Art. II.
B. 
The Board shall then study the preliminary map and proposed street grades in connection with the topography of the area, the existing requirements of Chapter 129, Zoning, if any, the Master Plan and the Official Map, if any, and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in § 7-730 of the Village Law, as well as to specific requirements for parks, open areas, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for development.
C. 
After arriving at tentative conclusions, the Board shall, within 30 days of filing, discuss the preliminary map with the subdivider or his agents. After such discussion, the Board shall communicate in writing within 30 days to the developer the specific changes which it will require in the preliminary map and the character and extent of the required public improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare.
D. 
The subdivider, after official notification by the Board with respect to the preliminary map and the changes, if any, to be made therein, shall, within six months thereafter, file with the Board original drawings of the subdivision plat and street profiles, accompanied by the appropriate fees.[1] These drawings shall be on tracing cloth in sheets not exceeding 36 inches wide by 48 inches long and to a scale of a not more than 100 feet to the inch, except when more than one sheet is required, in which event an additional index sheet of the same size shall be filed showing, to appropriate scale, the entire subdivision on one sheet with lot and block numbers. Before the Board acts on the formal subdivision plat, it shall hold a formal hearing thereon in compliance with § 7-728 of the Village Law. The subdivider, at least 10 days prior to the date of said hearing, shall forward a copy of the public notice by registered or certified mail to all abutting property owners notifying them of the date, time and place of such hearing and shall, prior to the date of the hearing, file proof of such notice with the Planning Board. Abutting land shall be deemed to include land located opposite the premises which are the subject of an application but which is separated from them by a public or private road. The Planning Board shall then, within 60 days from the date of submission of the formal plat, approve, modify or disapprove such plat. Such approval shall, however, not be deemed final until the subdivider has complied with the provisions of the following subsection.
[1]
Editor's Note: See Ch. A132, Fees, Art. II.
E. 
Subdivider's actions following Planning Board approval.
(1) 
Performance bond.
(a) 
The subdivider shall complete, in accordance with the Board's decision, to the satisfaction of the Engineer and any other official or body authorized by law to act, all the improvements specified in § 7-730 of the Village Law and not specifically waived by the Board or, alternatively, shall file with the Board either a performance bond and cash deposit, or a letter of credit and cash deposit, satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety, for the completion of such improvements as are not constructed and not approved by the Engineer and any other official or body authorized to act prior to the approval of the plat.
(b) 
The Board may require a certificate from the Engineer or other designated official as to the satisfactory character of improvements completed and from the Village Attorney or other designated legal adviser as to the adequacy of any bond which may be proffered.
(2) 
The subdivider shall tender offers of cession, in a form certified as satisfactory by the Village Attorney, of all land included in streets, highways, parks or open areas not specifically reserved by him; but approval of the plat by the Board shall not constitute an acceptance by the village of the dedication of any street, highway, park or other public open space or area or any right of user thereof.
(3) 
The subdivider shall also file with the Board the consent of the mortgagee to the filing of the plat, together with a certificate of title of an approved title company, in a form satisfactory to the Board, certifying the record title in the name of the applicant.
(4) 
Completion of these details and notation to that effect upon the plat shall be deemed final approval, and within 90 days thereafter, the developer must file the plat with the County Clerk. Otherwise, such approval shall expire as provided in § 7-728 of the Village Law.

§ 109-5 Requirements for subdivision.

A. 
The subdivider shall observe the following requirements and principles of land subdivision:
(1) 
In general, the proposed subdivision shall conform to the Official Map, Chapter 129, Zoning, and the Master Plan, if such exist.
(2) 
The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection, when adjoining property is not subdivided, and shall be of a width at least as great as that of such existing connecting streets.
(3) 
In general, main highways and secondary highways shall not be less than the width shown on the Master Plan, if such exists. The Planning Board, in its discretion, may permit minor streets to be less than 50 feet in width.
(4) 
Dead-end or cul-de-sac streets shall not, in general, exceed 350 feet in length and shall be equipped with a turnaround roadway with a minimum radius of 40 feet for the outside curb at the closed end.
(5) 
Curb radii at intersections shall not be less than 20 feet, and property lines shall be adjusted accordingly.
(6) 
Side lines of lots, so far as practicable, shall be at right angles or radial to street lines.
(7) 
Care shall be exercised in the layout of lots at street intersections.
(8) 
Grades of all streets shall conform, in general, to the terrain and shall be the reasonable minimum.
(9) 
Land subject to flooding, bog or marshland and land deemed by the Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate flood hazard.
(10) 
In case a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision.
(11) 
In general, street lines within a block deflecting from each other at any point more than 10° shall be connected with a curve, the radius of which for the inner street lines shall not be less than 350 feet on main thoroughfares, 250 feet on secondary thoroughfares and 100 feet on streets. The outer street line in each case shall be parallel to such inner street line.
(12) 
Land to be subdivided and/or developed shall be laid out and improved in reasonable conformity with existing topography, in order to minimize grading, cut and fill and to retain, insofar as possible, the natural contours, limit stormwater runoff and conserve the natural cover and soil. No topsoil, sand or gravel shall be removed from any lots shown on any subdivision plat, except for the purpose of improving such lots and for the laying out of streets shown thereon. Topsoil so removed shall be restored to a depth of six inches and properly seeded and fertilized on the areas of such lots not occupied by buildings or structures. No excess topsoil so removed shall be disposed of outside of the boundaries of the Village, except upon the approval of the Board of Trustees of the Village.
B. 
The subdivider shall reserve and may offer for dedication for open recreational purposes existing natural features when the Board finds that features, such as large trees, wooded areas, watercourses, ponds, historic sites, vistas or other irreplaceable assets, enhance the attractiveness of the site and will add value to residential or other development or to the Village as a whole. Whatever of such natural features, in the opinion of the Board, should be offered for dedication to public uses shall be offered for dedication to the Village or other appropriate authority or, when approved by the Board, such features are deeded to a property owners' association membership running with all of the land in the subdivision and preserving such features.

§ 109-6 Preliminary map and plan. [1]

A. 
Subdividers shall present to the Board a preliminary map. Ten copies shall be filed, at the scale of not more than 100 feet to the inch, showing or accompanied by the following information:
(1) 
The proposed subdivision name and identifying title and the names of the villages and counties in which the subdivision is located.
(2) 
The name and address of the record owner, developer, developer's engineer and developer's attorney.
(3) 
The location of property lines, existing easements, buildings, watercourses and other essential features.
(4) 
The names of all subdivisions immediately adjacent and the names of the owners of record of adjacent acreage.
(5) 
The location of any existing sewers and water mains, culverts and drains on the property to be subdivided.
(6) 
The location, names and present widths of existing and proposed streets and highways; location of easements, parks and other public open spaces; location of similar features on surrounding property within a radius of 200 feet of the periphery of the map.
(7) 
The existence of all other municipalities within 300 feet of the boundaries of the subdivision.
(8) 
Any changes in the use, heights, area and density districts or other regulations under Chapter 129, Zoning, applicable to the area to be subdivided and any boundaries of such district affecting the tract; all parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(9) 
The width and location of any street or other public ways or places shown upon the Official Map or the Master Plan, if such exists, within the area to be subdivided and the widths location, grades and street profiles of all streets proposed by the developer.
(10) 
Typical cross sections of the proposed grading and the roadways or sidewalks and the topographic conditions.
(11) 
The date and scale.
(12) 
The deed description and map of survey of tract boundary made and certified by a licensed land surveyor.
(13) 
The connection with the existing water supply or alternative means of providing water supply to the subdivision as provided in Article 11 of the Public Health Law.
(14) 
The connections with the existing sanitary sewerage system or alternative means of treatment and disposal proposed as provided in the same Article 11.
(15) 
The provisions for collecting and discharging surface drainage.
(16) 
The preliminary designs of any bridges or culverts which may be required.
(17) 
The proposed lot lines with approximate dimensions.
B. 
The preliminary plan shall tentatively show the boundaries of proposed permanent easements over or under private property, which permanent easements shall be not less than 10 feet in width and which shall provide satisfactory access to an existing public highway or other public open space shown upon the plan or upon the Official Map.
C. 
All of the information set forth above is required by the Board for the purpose of complying with §§ 7-728 and 7-730 of the Village Law and the Public Health Law and for the information of the public at the public hearings. Due care in the preparation of this material will expedite the process of passing upon the formal subdivision plat.
[1]
Editor's Note: See Ch. 105, Stormwater Management and Erosion and Sediment Control, Art. III, for additional preliminary plat requirements.

§ 109-7 Subdivision plat. [1]

A. 
The subdivision plat submitted for approval and subsequent recording shall be clearly and legibly drawn in ink upon tracing cloth. The size of the sheets shall not exceed 36 inches by 48 inches, including a margin of one-inch outside-ruled border lines on three sides and a two-inch border along the left side of the forty-eight-inch side for binding. The drawing shall be at the scale of not more than 100 feet to the inch.
B. 
The subdivision plat shall show:
(1) 
The proposed subdivision name or identifying title and the name of the village and county in which the subdivision is located, the name and address of the record owner and the subdivider and the name, license number and seal of the licensed professional engineer and the land surveyor.
(2) 
The street lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
(3) 
Sufficient data acceptable to the engineers to determine readily the location, bearing and length of every street line, lot line and boundary line and to reproduce such lines upon the ground. Where practicable, these should be referenced to monuments and should be tied to reference points previously established by a public authority.
(4) 
The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings shall be given for each street. All dimensions and bearings of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The final plan shall show the boundaries of the property, location, graphic scale and North point.
(5) 
The final plan shall also show, by proper designation thereon, all public open spaces for which deeds of cession are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the final subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
(6) 
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Village Attorney as to their legal sufficiency.
(7) 
The lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the Land and Tax Map of Nassau County.
(8) 
Said plat shall have endorsed upon it all municipal and state approvals required, so that said plat may be filed in the Nassau County Clerk's office.
(9) 
The permanent reference monuments shall be shown by a square box. They shall be constructed in accordance with the specifications of the Village Engineer. They shall be placed as required by the Village Engineer and their location noted and referenced upon the plat.
(10) 
All lot corner markers shall be permanently located, satisfactory to the Village Engineer, shown by a circle and located in the ground to existing grade.
[1]
Editor's Note: See Ch. 105, Stormwater Management and Erosion and Sediment Control, Art. III, for additional final subdivision plat requirements.

§ 109-8 Improvements require approval.

No improvements shall be constructed which have not been approved by the Board. The subdivider may elect to complete all improvements before final approval or file a performance bond pursuant to the provisions of § 109-4E. For any required improvements not so completed, there shall be submitted with the plat a certificate of the Village Attorney as to the sufficiency of the bond offered in lieu thereof. Before final approval of the plat or release of the performance bond, there shall be filed with the Planning Board a certificate of the Village Engineer as to the completion of all improvements required by the Board to his satisfaction, in accordance with standards and specifications prescribed by him.

§ 109-9 Reference monuments.

Monuments of a type approved by the Village Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Village Engineer.

§ 109-10 Prerequisites for work on stormwater drainage and storage.

No work shall be commenced on a stormwater drainage or storage basin until the area has been fenced in accordance with village specifications, § 109-11, and unless the developer shall file with the Board a public liability insurance policy insuring the Village of Mill Neck and the developer, covering the operation of such developer and the construction of such stormwater drainage or storage basin with limits of $50,000/$100,000, 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.

§ 109-11 Standards and specifications.

All work and improvements shall be done in accordance with the Construction Standards and Specifications of the Village of Mill Neck and under the supervision of the Village Engineer.

§ 109-12 Variances.

Where the Board finds that, because of special circumstances of a particular plat, extraordinary hardships, not of the owners' or subdividers' making, may result from strict compliance with this chapter, it may vary or waive any of the regulations so that substantial justice may be done and the public interest secured, provided that such variation or waiver shall comply with Chapter 129, Zoning, and will not have the effect of nullifying the intent and purpose of the Master Plan, Official Map or this chapter.