For the purpose of these regulations, certain
words used herein are defined as follows:
The Planning Commission of the village.
[Amended 8-22-1983 by L.L. No. 25-1983]
The date of the first public hearing at which the Commission
considers the plat.
[Amended 8-22-1983 by L.L. No. 25-1983]
The final map showing the subdivider's plan of subdivision
to be submitted to the Commission for approval and which, if approved,
will be duly filed by the applicant with the Village Clerk.
[Amended 8-2-1983 by L.L. No. 25-1983]
The preliminary map showing the proposed subdivision layout
to be presented to the Commission for its consideration.
[Amended 8-22-1983 by L.L. No. 25-1983)
Any paper print which reproduces legibly and exactly the
original tracing from which it was made.
MAJOR ROAD-A road which provides or is officially planned to provide four or more lanes for vehicular traffic.
SECONDARY OR FEEDER STREETA street intended to serve as a link or connection from a major road to a minor residential street or streets.
MINOR RESIDENTIAL STREETA street intended to serve primarily for the use of the occupants of the residences fronting thereon. A street upon which multiple dwellings (constructed for occupancy by more than two families) or business buildings are proposed to front or under the applicable zoning ordinances are permitted to front shall be considered as a secondary street.
The duly designated Secretary to the Planning Commission
or the Village Clerk.
[Amended 8-22-1983 by L.L. No. 25-1983]
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for immediate or future sales
or for building development, in such a way as to create one or more
new streets or extensions of existing street or lot lines.
In any subdivision of land 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 lot is located either upon a highway or upon a street
or laid out on the subdivision map and connecting with a highway,
nor until the owner or subdivider shall have complied with such statutes
and shall have filed a duplicate copy of the required map of such
subdivision in the office of the Village Clerk.
A.
Approval required. No subdivision of land shall be
made until the map and plans therefor have been submitted to and approved
by the Board of Trustees.
[Amended 8-22-1983 by L.L. No. 25-1983; 1-7-1991 by L.L. No. 1-1991]
B.
Contents of map. Such map shall layout not less than
20 acres, and the plans therefor shall include adequate and suitable
provision for:
(1)
Streets having a right-of-way width of at least 50
feet.
(2)
Permanent markers to be installed at all points reasonable
and necessary for the marking of the lot lines.
(3)
Water supply and sanitary facilities.
(4)
To the extent the size, location and potential population
of such subdivision shall make the same reasonable and necessary,
bayfront recreational areas, parks and other land and services appropriate
for the convenience of the inhabitants of such subdivisions. A minimum
area acceptable to the village for recreation and parks shall be provided
so that each subdivider shall dedicate to the village an area for
recreational purposes suitable in character representing not less
than 5% of the gross area being subdivided.
A.
Preliminary layout; submission. The subdividing owner or his agent shall present at the office of the Commission, upon forms provided by the Commission and in duplicate, the application for consideration of the preliminary layout, together with six prints of the preliminary layout, accompanied by a fee as provided in Chapter A350, Fees. The Secretary of the Commission will notify the applicant of the date and time of the meeting of the Commission, at which the application will be considered.
[Amended 8-22-1983 by L.L. No. 25-1983; 1-7-1991 by L.L. No. 1-1991]
B.
Compliance with applicable regulations. The preliminary
layout, street profiles, drainage plan and plat and all procedures
relating thereto shall in all respects comply with the provisions
of the County Government Law of Nassau County, the appropriate building
zone ordinance and all applicable regulations, except where variations
therefrom may be specifically authorized by the Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
C.
Action on preliminary layout. The applicant or his
duly authorized representative shall be prepared to attend the designated
meeting to discuss the preliminary layout. Presentation of a preliminary
layout shall not be deemed a submission of the plat for approval.
Nothing contained herein shall prohibit the submission of the final
plat in lieu of such preliminary layout.
D.
Final plat; submission. The applicant shall, within six months after approval of the preliminary layout, present at the office of the Village Clerk, upon forms provided by the Commission and in duplicate, the application for consideration of the final plat, the estimate of the cost of public improvements and utilities and the consent of the mortgagee to the filing of the plat, together with a certificate of title of an approved title company and in form satisfactory to the Commission and certifying record title in the name of the applicant, and also six prints of the final plat, accompanied by a fee as provided in Chapter A350, Fees. Said application shall be filed with the Secretary of the Commission at least 20 days before a regular meeting of the Commission. The Secretary will then arrange for a public hearing at a regular meeting of the Commission. The applicant shall also send notice of public hearing, on forms supplied by the Planning Commission, to the adjacent property owners as required by Section 1610 of the County Government Law of Nassau County (the addresses to be obtained from the last completed tax roll), and shall file with the Secretary of the Commission, at least five days prior to public hearing, an affidavit executed by the applicant or his agent on a form supplied by the Commission, stating the name and address of each person to whom notice was sent and the date when such notice was sent.
[Amended 8-22-1983 by L.L. No. 25-1983; 1-7-1991 by L.L. No. 1-1991]
E.
Bond in lieu of improvements. If required improvements
and utilities have not been completed under the inspection and to
the satisfaction of the Commission prior to final approval of the
plat, then and in that event and before such final approval of the
plat, the applicant shall file with the Commission a surety company
bond in an amount determined by the Commission and in accordance with
a form supplied by the Commission, to secure to the village the actual
construction and installation of such improvements required by the
Commission on such final approval and at a time fixed by the Commission
and in accordance with the requirements of the Commission under these
regulations. As to utilities required by the Commission on such final
approval, the Commission may in its sole discretion accept assurance
in writing from each public utility company whose facilities are proposed
to be installed. When such writing is acceptable, it shall be addressed
to the Commission and state in substance or effect that such public
utility company will make the installations necessary for the furnishing
of its services within the time therein specified satisfactory to
the Commission. There may also be included in determining the amount
of such bond the reasonable cost of inspection of such improvements
by the Commission, the estimated cost for employing a watchman to
guard any stormwater drainage or storage basins required to be installed
by the Commission, the cost of liability insurance and the estimated
cost of installation of necessary water supply facilities.
[Amended 8-22-1983 by L.L. No. 25-1983]
F.
Approval of plat. After completion of the foregoing
procedure to the satisfaction of the Commission and if the Commission
shall approve the plat, the approval of the Commission shall be endorsed
thereon, together with the date thereof, over the signature of the
Chairman or the Secretary of the Commission or an alternate designated
by resolution of the Commission. Prior to such endorsement the developer
shall file with the Commission five prints of the street profiles
and drainage plans as approved by the Commissioner of Public Works
of Nassau County.
[Amended 8-22-1983 by L.L. No. 25-1983]
G.
Filing plat. Within 90 days following the endorsement
of final approval by the Commission, the plat, together with one duplicate
tracing, shall be filed with the Village Clerk. Three duplicate tracings
of the plat shall be presented at the office of the Commission.
[Amended 8-22-1983 by L.L. No. 25-1983]
H.
County approval. In the case of a subdivision plat
showing premises located within 300 feet of the village line, an endorsement
by the County Planning Commission shall be affixed to the plat.
I.
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 294 and Chapter 345, Art. X shall be required for preliminary and final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 345, Art. X. The approved preliminary and final subdivision plats shall be consistent with the provisions of Chapter 294 and Chapter 345, Art. X.
[Added 12-10-2007 by L.L. No. 9-2007]
[Amended 8-22-1983 by L.L. No. 25-1983]
A.
The preliminary layout presented to the Commission
shall show the following:
(1)
Street and lot layout: the street and lot layout covering
the entire holding. Where the subdivision is to be divided into sections
for the purpose of submitting final plats, the preliminary layout
shall show the boundaries of each section, and each section shall
bear a number indicating numerically the order in which the developer
proposes to submit for approval the plats covering such sections.
Unless otherwise approved by the Commission, the order of submission
of final plats shall follow the sequence of the section numbering.
(2)
Scale: the scale of the drawing, 80 feet to the inch
preferred.
(3)
Topography: the topographic character of the land
by means of contours of existing surface at intervals not to exceed
two feet. Where the terrain is unusually flat or unusually steep,
the Commission may require a smaller contour interval or permit a
greater contour interval. The topography shall be drawn from an actual
field survey certified by a licensed land surveyor. Contours shall
be extended to cover an area 200 feet beyond the boundaries of the
parcel to be subdivided.
(4)
Identification: the proposed subdivision name or identifying
title and the names of the incorporated village, town and county in
which the subdivision is located.
(5)
Owner; subdivider: the name and address of the record
owner and subdivider.
(6)
Surveyor: the name, license number and seal of the
licensed land surveyor.
(7)
Tax Map description: the Tax Map description according
to Nassau County Tax Map.
(8)
Post office: the name of the United States Post Office
which will serve the proposed subdivision.
(9)
North point, date: the true or accurate magnetic North
point and date taken.
(10)
Adjoining properties: the names and layouts
of all adjacent subdivisions, the names of owners of record of adjoining
undeveloped properties and the uses of adjacent lands. This information
shall be shown for the area extending 200 feet beyond the boundaries
of the proposed subdivision.
(12)
Property lines, other lines: the location of
property lines, school, fire and other special district lines and
municipal subdivision lines.
(13)
Existing features: the location of existing
buildings, watercourses, streams, ponds, storm sewers, sanitary sewers,
water mains, gas mains, parks and other essential existing features,
as well as easements, rights-of-way or other encumbrances.
(14)
Elevation, etc: approximate key elevations,
directions of water flow and rate of grade on all proposed streets.
(15)
Elevations on existing streets: established
and existing elevations on existing streets.
(16)
Stormwater: proposed provisions for collecting
and disposing of stormwater.
(17)
Street widenings, etc: the names, widths and
proposed widenings of existing streets located within the area to
be subdivided or in the area extending 200 feet beyond the boundaries
of the proposed subdivision. On existing streets the location and
type of sidewalk, curb and pavement shall be shown. Required widenings
on county and town roads shall be shown.
(18)
Street locations: the location of streets, public
ways or any other pertinent features.
(19)
Street names: the names of all proposed streets,
which names shall be the same as the names of the streets of which
they are continuations, or if not continuations, shall not be similar
to the names of streets within the same fire district or within the
area served by the same Fire Department.
(20)
Property for public use: all parcels of land
proposed to be dedicated for public use, such as parks, playgrounds,
recharge basins, etc.
(21)
Distances: approximate distances to nearest
schools and firehouses serving the proposed subdivision.
(22)
Easements: boundaries of proposed easements
over, under or through private property. Permanent easements shall
be not less than 10 feet in width and shall provide satisfactory access
to an existing public open space shown on the layout.
(23)
Lot lines; dwellings: proposed lot lines with
approximate dimensions. The proposed location of the dwelling and
garage to be erected shall be shown on each lot.
(24)
Boundaries: the boundary description.
(25)
Key map: key map at a scale of 400 feet to the
inch and location diagram at a scale of 3,000 feet to the inch.
(26)
Number of acres and lots: the total number of
acres and total number of lots in the proposed subdivision.
[Amended 8-22-1983 by L.L. No. 25-1983]
The final subdivision plat presented to the
Commission shall show the following:
A.
Street and lot layout. The original shall be clearly
and legibly drawn in India ink upon tracing cloth. The size of the
sheets shall be not greater than 36 inches by 48 inches. The drawing
shall be at a scale of not more than 100 feet to the inch. When more
than one sheet is required, an additional key sheet 36 inches by 48
inches shall be filed showing upon a reduced scale the entire subdivision
on one sheet with lot and block numbers.
B.
Sufficient data to enable any surveyor to determine
readily the location of every street line, lot line and boundary line
and to reproduce such lines upon the ground. This data shall be made
by a licensed land surveyor and tied in, where possible, with reference
points previously established by a public authority or by a licensed
land surveyor.
C.
The length and bearing of all straight lines and the
radius, length and central angle of all curves. All dimensions shall
be shown in feet and decimals of a foot.
D.
By proper designation thereon, all public open spaces
for which deeds of cession are to be given 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 provision made therefor.
E.
A representation that all lots conform to and are
in accordance with the minimum requirements of the applicable use
districts.
F.
Lot and block numbers in accordance with the Nassau
County Land and Tax Map.
G.
Monuments shall be set at all points required by the
Commission.
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Proposed monuments, to be shown thus:
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Existing monuments shall be shown thus:
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H.
The title and location of the proposed subdivision
as approved by the Commission.
I.
A North arrow. The North direction shall be at the
top of the map or within 20º east or west thereof.
J.
The location of village, town, city, school district
and other special district lines.
K.
Proposed widenings of existing streets.
L.
Approval of street grades and drainage by the Commissioner
of Public Works.
M.
Approval of water supply and sewage disposal by the
State Health Department.
N.
A key map at a scale of 400 feet to the inch and location
diagram at a scale of 3,000 feet to the inch.
O.
A typical cross section of the proposed streets showing
general specifications for the public improvements.
P.
A note signed by the owner stating: "The lands shown
on this map as roads, streets or highways, or for the widening thereof,
and also easements for the installation of sanitary sewers or drains
in all streets shown and locations indicated on the map and also land
indicated for other public use are hereby irrevocably offered for
dedication to the Incorporated Village of Massapequa Park."
Q.
A note signed by the applicant's surveyor stating:
"The land shown on this map lies wholly within the limits of the Incorporated
Village of Massapequa Park and not within 300 feet of any town boundary."
The note shall be appropriately amended when the foregoing statement
does not accurately describe the location of the plat.
R.
Certification of a licensed land surveyor.
