Village of Laurel Hollow, NY Subdivision of Land

Whenever any subdivision of land is proposed to be made and before a contract 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 the approval of such subdivision.

The application of the subdivider, owner or agent to the Board shall be made upon the form and in the manner prescribed by the Board and these rules and regulations and shall conform to the specifications in §§ 114-4, 114-5 and 114-6 of these regulations and shall have attached to it a preliminary environmental assessment statement (PEAS) which meets the requirements of the rules of the Board and state and local laws.

The preliminary map, topographic map, street profiles and formal subdivision plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of §§ 7-728 and 7-730 of the Village Law and these regulations, except where variations therefrom may be specifically authorized by the Board.

Ten copies of each of the preliminary map, as described in § 114-5, designated as such at the scale of not more than 100 feet to the inch, topographic map at the same scale and proposed street profiles at appropriate scales shall be filed with the Board, accompanied by the required filing fee. The Board shall then study the preliminary map and proposed street profiles in connection with the topography of the area, the existing requirements of the Zoning Ordinance, 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 therein, the adequacy of street connections and suitability of the land for development.

For subdivisions, the fees shall be computed as follows:

[Amended 12-10-2014 by L.L. No. 3-2-014]

Preliminary map: a filing fee of $750 per building lot.

Final plat: a filing fee of $1,000 per building lot.

Partitioning: a filing fee of $1,500 per building lot to be created, including lots with an existing building.

Environmental assessment form: a filing fee of $500.

Professional review fees: The Planning Board, in reviewing any application pursuant to this chapter, may refer such application to any independent professional as said Board may deem reasonably necessary to properly advise it on technical matters relating to such application. The applicant shall be responsible for reimbursing the Village for the cost of such professional review upon submission of a copy of the voucher or, at the discretion of the Planning Board, by establishing an escrow account in advance of the consideration of the application and/or in advance of the retention of the outside professional by the Planning Board. The payment of such fees shall be in addition to any and all other fees required by this chapter or any other Village law, ordinance or regulation. This provision shall include, but not be limited to, environmental reviews conducted pursuant to the New York State Environmental Quality Review Act.

Extension of time: A fee of $500 shall be required in connection with an application to extend the time of any subdivision approval where there is no change to the approved plat.

Extension of time: A fee of $500, plus a professional review fee as set forth in Subsection D(5) above, if applicable, shall be required in connection with an application to extend the time of any subdivision approval where there is a change to the approved plat.

Stenographic services: A deposit in the sum of $500 shall be required along with the filing of any application for subdivision herein to cover the cost of stenographic services in connection with public hearing(s) held hereunder. The applicant shall be responsible for all such stenographic charges. If such charges exceed the deposited sum of $500, the applicant shall immediately pay all such additional sums when requested by the Village.

The Board may, after the filing, discuss the preliminary map with the subdivider or his agent, at a meeting of the Board. After such discussion, the Board may require that a formal public hearing be held concerning the preliminary map. The time and place for such hearing shall be fixed, and public notice thereof shall be posted in the official Village newspaper. A copy of such notice shall also be mailed by the subdivider, owner or agent, by registered or certified mail, at least five days prior to such hearing, to each of the owners of land within an area of two hundred (200) feet immediately adjoining the platted land, as their names and addresses appear upon the last completed assessment roll of the Village; and if the property adjoining the platted land is a street not exceeding one hundred (100) feet in width, then such notice shall be mailed in the same manner to such owners of land immediately adjoining such street who would have been adjoining owners but for such interfering street. In addition, the subdivider, owner or agent shall be required to post copies of such notice in six (6) public places within the Village at least five (5) days prior to such hearing. The subdivider, owner or agent shall file with the Clerk, at least three (3) days prior to the hearing, a proper affidavit indicating his compliance with the provisions herein. The subdivider, owner or agent, at his own expense, shall provide a transcript of such hearing, taken by a court reporter designated by the Board.

Within sixty (60) days after the date of the submission of the preliminary map, the Board shall take action to conditionally approve, with or without modification, or disapprove such preliminary map and shall communicate in writing such action to the subdivider, owner or agent.

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 (6) months thereafter, file with the Board, drawings of the subdivision plat and street profiles, accompanied by the fee provided for in § 114-3D(2) plus an amount equal to five percent (5%) of the amount certified by the Village Engineer, using Nassau County Planning Commission prices as a minimum, as the cost of improvements installed or to be installed, exclusive of water mains. These drawings shall be on tracing cloth on sheets thirty-six (36) inches wide by forty-eight (48) inches long and to a scale not to exceed more than one hundred (100) feet to the inch, except when more than one (1) 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 (1) sheet with lot and block numbers. Before the Board acts on the formal subdivision plat, it shall hold a formal public hearing thereon in compliance with § 7-728 of the Village Law. All of the requirements as to the hearing on the preliminary map set forth herein shall be complied with concerning this hearing on the formal plat, including the requirement that a transcript of the public hearing be taken by a court reporter designated by the Board, a copy thereof to be provided to the Board at the cost and expense of the subdivider, owner or agent. The Board shall then, within sixty (60) days from the day 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.

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 street and sanitary improvements specified in § 7-730 of the Village Law and not specifically waived by the Board or, alternatively, shall file with the Board a performance bond complying with such section of the Village Law, 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. The Board may require a certificate from the Engineer or other designated official as to the satisfactory character of the improvements completed and from the Village Attorney or other designated legal advisor as to the adequacy of any bond which may be proffered. After all construction has been completed and/or the individual lots have been sold, the subdivider may 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 rights of the user thereof. The subdivider shall also file with the Board the consent of the mortgagee to filing of the plat, together with a certificate of title of an approved title company in form satisfactory to the Board certifying record title in the name of the applicant.

Completion of these details and notations to that effect upon the plat shall be deemed final approval and, within ninety (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.

§ 114-4 General requirements and principles.

The subdivider shall observe the following general requirements and principles of land subdivision:

In general, the proposed subdivision shall conform to the Official Map, the Zoning Ordinance and the Master Plan, if such exist.

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 connecting streets.

In general, main highways and secondary highways shall not be less than the width shown on the Master Plan, if such exists. As a general rule, the width of the streets shall not be less than two (2) rods.

In the case of dead-end-streets, the Board may require that such street shall be equipped with a turnaround roadway, with a minimum radius.

The edge of the roadway shall have radii at intersections of not less than twenty (20) feet, and property lines shall be adjusted accordingly.

Side lines of lots, so far as practicable, shall be at right angles or radial to street lines.

Care shall be exercised in the layout of lots at street intersections.

Grades of all streets shall conform in general to the terrain.

(9)

Land subject to flooding and land deemed by the Board to be uninhabitable shall not be plotted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the 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 for the opening of future streets and logical further resubdivision.

(11)

In general, street lines within a block deflecting from each other at any one point more than ten degrees (10°) shall be connected with a curve, the radius of which for the inner street lines shall not be less than three hundred fifty (350) feet on main thoroughfares, two hundred fifty (250) feet on secondary thoroughfares and one hundred (100) feet on streets. The outer street line in each case shall be parallel to such inner street line.

(12)

Areas for parks and playgrounds shall be of reasonable size for neighborhood playgrounds or other recreational uses. No arbitrary percentage of area shall be insisted upon by the Board but, in general, developers should set aside not less than ten percent (10%) of the area for these purposes. If the Board deems that a suitable park or parks of adequate size cannot be properly located in any such plan, or is otherwise not practicable, the Board may require as a condition to approval of any such plan a payment to the Village of a sum to be determined by the Board of Trustees, which sum shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of land.

(13)

All applications for subdivision or partitioning under this chapter must comply with the provisions of Chapter 42 of the Code entitled "Stormwater Management and Erosion and Sediment Control."

[Added 3-8-2007 by L.L. No. 3-2007]

Variations of the general requirements above outlined, other than zoning requirements, may be permitted by the Board on application.

§ 114-5 Preliminary map specifications.

Subdividers shall present to the Board a preliminary map. Ten (10) copies shall be filed at the scale of not more than one hundred (100) feet to the inch and an original plus nine (9) copies of an official application for the approval of the preliminary subdivision map. In addition, subdividers shall present the Board two (2) copies of an aerial photo print at a scale of one to two hundred (1:200). The following information shall also be furnished:

Proposed subdivision name and identifying title and the name of the Villages and counties in which the subdivision is located.

Name and address of record owner, developer, developer's engineer and developer's attorney.

Location of property lines, existing easements, buildings, watercourses and other essential features.

The names of all subdivisions immediately adjacent and the names of owners of record of land immediately adjoining the platted land, as their names appear on the last completed assessment roll of the Village.

The location of any existing sewers and water mains, culverts and drains on the property to be subdivided.

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 two hundred (200) feet of the periphery of the map.

Any changes in the use, heights, area and density districts or other regulations under the Zoning Ordinance applicable to the area to be subdivided and any boundaries of such districts affecting the district and all parcels of land proposed to be dedicated to public use and the conditions of such dedications.

The width and location of any street or other public places shown upon the Official Map or Master Plan, if such exists, within the area to be subdivided and the width, location, grades and street profiles of all streets proposed by the developer.

(9)

Typical cross sections of proposed grading, and roadways or sidewalks and topographical conditions.

(10)

Date and scale.

(11)

Deed description and survey of tract boundary made and certified by a licensed land surveyor.

(12)

Connection with existing water supplies or alternative means of providing water supply to the subdivision, as provided in Article 11 of the Public Health Law.

(13)

Connection with existing sanitary sewerage system or an alternative means of treatment and disposal, as provided in Article 11 of the Public Health Law.

(14)

Provisions for collecting and discharging surface drainage.

(15)

Preliminary designs of any bridges or culverts which may be required.

(16)

The proposed lot lines with appropriate dimensions.

(17)

The preliminary plat shall tentatively show the boundaries of proposed permanent easements over or above private property, which permanent easements shall not be less than ten (10) feet in width and which shall provide satisfactory access to an existing public highway or other public open space shown upon the plat or upon the Official Map.

All of the information set forth above is required by the Board for the purposes 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.

§ 114-6 Final subdivision plat specifications.

The subdivider, after official written notification by the Planning Board with respect to the preliminary layout and the changes to be made thereon, if any, shall, within six (6) months thereafter, file with the Planning Board original drawings of the subdivision plat. 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 be thirty-six by forty-eight (36 x 48) inches, including a margin of one (1) inch outside ruled border lines on three (3) 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 one hundred (100) feet to the inch. The subdivision plat shall show:

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 his subdivider; and the name, license number and seal of the licensed professional engineer.

Street lines, pedestrian ways, lots, reservations, easements and areas to be designated to public use.

Sufficient data acceptable to the Engineer to determine readily the location, bearing and length of each street line, lot line and boundary line and to reproduce such lines upon the ground. Where practicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.

The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings should be given for each sheet. All dimensions shall be shown in feet and decimals of a foot. The general plan shall show the boundaries of property, location, graphic scale and the true North point.

The final plan shall also show the proper designation thereon of all public open spaces for which deeds of cession are included in those open spaces, title to which is reserved for 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.

All offers of cession and covenants governing the maintenance of unceded open spaces shall bear the certificate of approval of the Village Attorney, as to their legal sufficiency.

Before final approval of the plat, 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. 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.