[Amended 6-3-2013 by L.L. No. 1-2013]
A.
The Board of Trustees of the Incorporated Village of Muttontown, in the exercise of the powers conferred by New York Municipal Home Rule Law § 10, hereby supersedes New York Village Law § 7-730 to the extent that it transfers from the Planning Board to the Board of Trustees the discretion to require dedication of land for recreation as more fully provided herein and in § 158-28 of the Code of the Village of Muttontown.
B.
Upon receipt of a plat or plan of development by the Planning Board,
and before the review or approval of such plat or plan of development
by the Planning Board, such plat or plan shall be referred to the
Board of Trustees. In proper cases, when required by the Board of
Trustees, the plat or plan of development shall show a park or parks
suitably located for playground or other recreation purposes. Reservation
and/or dedication of land for street purposes, drainageways and easements
also may be required by the Planning Board and by county or state
agencies having jurisdiction. Any land offered for dedication or reserved
by the owner for a particular purpose and all easements shall be shown
and appropriately marked on the plat or plan of development.
[Amended 11-10-1969 by L.L. No. 1-1969; 6-3-2013 by L.L. No. 1-2013]
A.
Features shown on Village Comprehensive Plan. Where a proposed park,
playground, school or other public use is shown on the Village Comprehensive
Plan in a location which is entirely or partially within a subdivision
or development, the Board of Trustees shall require the dedication
or reservation of such area within the subdivision.
B.
Recreation area not shown on Village Comprehensive Plan. In cases
where the Village Comprehensive Plan does not show a recreation area
within a proposed subdivision, and the Board of Trustees has made
a finding that a proper case exists for requiring that a park or parks
be suitably located for playground or other recreational purposes,
the Board of Trustees may require the dedication or reservation of
designated sites for park, playground or other recreation purposes.
Such sites shall be of suitable size, dimension, topography, location
and general character for the particular purposes envisioned by the
Board of Trustees. In no case shall the Board of Trustees require
that more than 10% of the gross area of the subdivision be dedicated
or reserved for recreation purposes. In calculating such percentage,
the Board of Trustees may give due credit for open areas reserved,
by covenants in all deeds, for the common use of all property owners
in the proposed subdivision.
C.
Waiver of land for recreation. In cases where the Board of Trustees finds that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that, due to the size, topography or location of the subdivision or for other reasons, a requirement that land be dedicated or reserved for recreation would be unreasonable or undesirable, the Board of Trustees may waive such requirement, subject to the condition that the subdivider shall, in lieu of such dedication or reservation, pay to the Village in cash an amount as provided in Chapter 67, Fees and Deposits. Such moneys shall be deposited in a special Village recreation site and improvement fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
D.
Public use not shown on Village Comprehensive Plan. The Board of
Trustees may require that land in a subdivision be temporarily reserved
for a public school or other essential community facility, although
not shown on the Village Comprehensive Plan, when the Board of Trustees
deems it desirable and appropriate. In such cases, if the agency having
jurisdiction does not acquire such land within two years after the
date of the signing of the plat by the Board of Trustees, the subdivider,
upon written notice to the Board of Trustees, shall, 30 days after
such notice, be relieved of the responsibility of further reservation
of said land for said public purpose.
A.
All streets shown upon the plat may be offered for
dedication or reserved for such purposes. When a street is not offered
for dedication, the reservation shall ensure to abutting owners a
perpetual unobstructed right of access, air and light.
B.
Widening or realignment of existing streets. Where
a subdivision borders an existing narrow street or when the Comprehensive
Plan indicates the realignment and/or widening of a street that would
require use of some of the land in a subdivision or development, the
Board may require the subdivider to offer to dedicate or reserve areas
for such widening and/or realignment.
A.
Storage basins and easements. Where land is required
by the county or Village for storage basins and easements, such land
shall be offered for dedication to Nassau County or the Village, as
the case may be.
B.
Easements. Easements for drainageways, utilities,
pedestrian and/or emergency access and for planting strips shall be
provided by the subdivider in the location and at the width required
by the Board. Generally, easements for drainage and utilities shall
be unobstructed and perpetual, and easements for planting strips shall
be perpetual.
C.
Preservation of natural features. The subdivider shall reserve and may offer for dedication for open recreational purposes existing natural features when the Board finds that such 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, except when, after approval of the Board pursuant to § 158-31A, such features are deeded to a property owners' association membership running with all of the land in the subdivision and preserving such features.
A.
Responsibility for reservations. In any case where
title to streets or other reservations is not offered for dedication
to the Village, the ownership shall be clearly established in a manner
satisfactory to the Board in order to ensure the continued maintenance
and responsibility for such reservation.
B.
Offers of cession. Pursuant to § 7-732 of
the Village Law, with respect to streets and parks, the subdividing
owner may add, as a part of the plat, a notation, if he so desires,
to the effect that no offer of dedication of such streets or parks
or any of them is made to the public. Formal offer of cession to the
Village of all streets and parks not so marked with such notation
on the plat shall be filed by the owner with the Board prior to approval
of the plat by the Board.
C.
Acceptance by the Village. Acceptance of any offer
of streets, parks, recreation or other land shall rest with the Village
Board of Trustees. In the event that the subdivider elects not to
file the subdivision plat in the office of the County Clerk within
the sixty-two-day period required by law, then such formal offer of
cession shall be deemed to be void. The approval by the Board of a
plat shall not be deemed to constitute or imply acceptance by the
Village of any street, park or other open space shown on said plat.
The Board may require said plat to be endorsed with appropriate notes
to this effect.
[Amended 9-11-2000 by L.L. No. 3-2000]
If the subdivider intends to place restrictions
on any of the land contained in a subdivision, such restrictions shall
be clearly indicated on the plat. The subdivider shall submit to the
Board, for its approval, a copy of any additional restrictions as
may be imposed upon the property as a condition to sale, together
with a statement of any restrictions previously imposed which may
affect title to the land proposed to be subdivided.
