In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and may be waived by the Board only under circumstances set forth in § 245-4 herein. These standards shall be applicable to all subdivisions whether major or minor.
A.
Land to be subdivided shall be of such a character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace. Land subject to
such hazards shall be set aside for such uses as not to be endangered
by periodic or occasional flooding or other peril, or not to produce
unsatisfactory living conditions.
B.
Topographic survey and erosion and sediment control
plan required. No site work or grading shall be permitted without
a building permit and, if required by this chapter, subdivision or
site plan approval. The applicant shall demonstrate the need for and
benefit of all proposed site work and grading and shall submit a topographic
survey, showing existing natural topography of the site prior to any
disturbance, prepared by an engineer or land surveyor licensed in
the State of New York, and providing contour lines at maximum two-foot
intervals. An erosion and sediment control plan prepared by an engineer
licensed in the State of New York shall be also provided and shall
be subject to approval by the Planning Board. The erosion and sediment
control plan shall show the location of retaining walls and all proposed
site work, including post-construction contour lines at maximum two-foot
intervals. A New York State licensed engineer shall witness the installation
of all site elements and certify they were constructed in accordance
with the approved site plan, soil erosion and sediment control plan
and other documents, as appropriate.
[Added 5-8-2007]
C.
Disturbance to scenic views, open space and natural
features. Siting of buildings and other improvements shall minimize
disturbance to scenic views on public lands as well as open space
and natural features located on publicly owned lands adjacent to the
site. Siting of buildings and improvements, to the maximum extent
feasible, shall avoid environmentally sensitive areas and features,
including rock outcrops, steep slopes and eroding soils.
[Added 5-8-2007]
The subdivision shall conform to the Official
Map of the City and shall be in harmony with such portions of the
City Plan as may be in existence from time to time.
All required improvements shall conform to the
City specifications, which may be obtained from the Department of
Public Works. Where approval of the Nassau County Commissioner of
Public Works or the Nassau County Planning Commission is required,
specifications for required improvements may be obtained from the
Nassau County Planning Commission.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
accommodate the prospective traffic and to afford access for fire-fighting,
snow removal and other road maintenance equipment, and shall be so
coordinated as to compose a convenient system. The arrangement of
streets shall be such as to cause no undue hardship to adjoining properties.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal, major or collector
streets of adjoining properties which are not yet subdivided, in order
to make possible necessary fire protection, movement of traffic and
the construction or extension, presently or when later required, of
needed utilities and public services such as sewer, water and drainage
facilities. Where, in the opinion of the Planning Board, topographic
or other conditions make such continuance undesirable or impracticable,
the above conditions may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along arterial streets. Where a
subdivision abuts or contains an existing or proposed major or arterial
street, the Board may require marginal access streets, reverse frontage
with screen planting contained in a nonaccess reservation along the
rear property line, deep lots with rear service alleys or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
the Board may require that streets and lots be so laid out as to permit
future resubdivision in accordance with the requirements contained
in these regulations.
F.
Dead-end streets and superblocks. The creation of
dead-end streets shall only be permitted where the Planning Board
finds an alternative arrangement is not practicable. Loop, grid, or
curvilinear grid street layouts shall be encouraged. Where interior
parks are proposed, they shall be covered by appropriate covenants
as to maintenance. In the case of dead-end streets, where needed or
desirable, the Board may require the reservation of a forty-foot-wide
easement to provide for continuation of pedestrian traffic and utilities
to the nearest existing street or to a potential future street where
the dead end is located near a separate subdividable lot. Subdivisions
containing 20 lots or more shall have at least two street connections
with streets previously placed on the Official Map.
[Amended 8-24-2010]
G.
Block size. Blocks shall not be excessively long.
In long blocks, the Planning Board may require the reservation of
a twenty-foot-wide easement through the block to provide for the crossing
of underground utilities and pedestrian traffic where needed or desirable.
In general, no block shall be less than 200 feet nor more than 1,200
feet in length.
H.
Intersections with major roads. Minor or collector
street openings into a major road shall, in general, be at least 500
feet apart.
I.
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall not be permitted except with the approval
of the Board.
J.
Four-cornered intersections. Cross (four-cornered)
street intersections shall be avoided in general, except as shown
on the City Plan or at other important traffic intersections.
K.
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street
is approximately at right angles to the street it joins.
L.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be so arranged as to obtain as
many of the building sites as possible at or above the grade of the
streets. The maximum grade of all streets and driveways, except those
serving one- and two-family residences, shall be 10%, except within
50 feet of an intersection of a public road.
M.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way at a distance suitable for the
appropriate use of the intervening land as for park purposes in residential
districts or for commercial or industrial purposes in appropriate
districts. Such distances shall also be determined with due regard
for the requirements of approach grades and future grade separations.
A.
All provisions in this section shall apply equally
to public and private streets. Where private streets are proposed,
they shall be designed to meet all applicable design and construction
standards for City streets. Where private streets are proposed that
provide access to more than five residential lots, a homeowners' association
or special taxing jurisdiction shall be created for the purpose of
maintaining the proposed road in perpetuity.
[Added 5-8-2007[1]; amended 8-24-2010]
B.
Width of rights-of-way and pavement. Streets shall
have the following right-of-way (ROW) widths and pavement widths;
unless otherwise indicated on the City plan, the classification of
streets shall be determined by the Board.
[Amended 5-8-2007]
(1)
Major streets (average daily traffic of 1,000 or greater):
ROW of 76 feet; pavement width of 56 feet; or boulevard with ROW of
66 feet and pavement widths of 18 feet in each direction, with ten-foot
center turning lanes and landscaped boulevard.
[Amended 8-24-2010]
(2)
Collector streets (average daily traffic of 250 to
1000): ROW of 56 feet; pavement width of 36 feet.
[Amended 8-24-2010]
(3)
Minor streets (average daily traffic of less than
250): ROW of 46 feet; pavement width of 26 feet with parking on one
side or 22 feet with no on-street parking.
[Amended 8-24-2010]
(4)
The Board may require wider or narrower pavement widths
than specified by this section based on environmental considerations
and/or upon the recommendation of the Director or Acting Director
of Public Works or the designee of same, or the Chief of the Glen
Cove Fire Department, provided that any deviation from the pavement
widths specified herein shall require the affirmative vote of at least
two-thirds of the full voting membership of the Planning Board.
C.
Improvements. Streets shall be graded and improved
with pavements, curbs, monuments, gutters, sidewalks, drainage facilities,
water mains, sewers, streetlights and signs and street trees, except
where waivers may be requested, and the Planning Board may waive,
subject to appropriate conditions, such improvements as it considers
may be omitted without jeopardy to the public health, safety and general
welfare. Sidewalks at least three feet in width shall be installed
along all streets, and a grassed or landscaped verge at least 18 inches
wide shall be provided between curb and sidewalk. Pedestrian easements
shall be improved as required by the Department of Public Works. All
grading and improvements shall be approved as to design and specifications
by the Department of Public Works.
[Amended 8-24-2010]
D.
Utilities in streets. All utilities within the subdivision
shall be placed underground. The Planning Board may require that underground
utilities be placed in the street right-of-way between the paved roadway
and street line to simplify location and repair of lines when they
require attention. The applicant shall install underground service
connections to the property line of each lot within the subdivision
for such required utilities before the street is paved.
[Amended 5-8-2007]
E.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street lines,
perpetual unobstructed easements of no less than 10 feet in width
may be required to be provided across property outside the street
lines and with satisfactory access to the street. Whenever possible,
easements shall be continuous from block to block and shall present
as few irregularities as possible. Such easements shall be cleared
and graded where required.
F. 
Steep grades and curves; visibility of intersections.
A combination of steep grades and curves shall be avoided. In order
to provide visibility for traffic safety, that portion of any corner
lot as shown shaded on Sketch A shall be cleared of all growth (except
isolated trees) and obstructions above the level three feet higher
than the center line of the street, whether at an intersection entirely
within the subdivision or of a new street with an existing street.
If directed, ground shall be excavated to achieve visibility.
G.
Curve radii. In general, street lines within a block
deflecting from each other at any one point by more than 10 feet shall
be connected with a curve, the radius of which for the center line
of street shall not be less than 400 feet on major streets, 200 feet
on collector streets and 100 feet on minor streets.
H.
Dead-end streets. Dead-end streets should be avoided
to the greatest extent practicable. Where dead-end streets are designed
to be so permanently, they should in general not exceed eight times
the minimum lot width nor be less than three times the minimum lot
width in the zoning district in length and shall terminate in a circular
turnaround having a minimum right-of-way radius of 40 feet and pavement
radius of 30 feet. At the end of temporary dead-end streets, a temporary
turnaround with a pavement radius of 30 feet or a T- or Y-shaped turnaround
with a length of 20 feet and a width of 60 feet shall be provided
unless the Board approves an alternate arrangement. No circular turnaround
shall have a paved radius greater than 45 feet, unless a center island
is provided surrounded by a twenty-foot wide travel way. All center
islands proposed as part of a subdivision shall be maintained in perpetuity
by a homeowners' association or special taxing jurisdiction created
for such purpose.
[Amended 8-24-2010]
I.
Watercourses. Where a watercourse separates a proposed
street from abutting property, provision shall be made for access
to all lots by means of culverts or other structures of design approved
by the Department of Public Works. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way as required by the
Department of Public Works, and in no case less than 20 feet in width.
J.
Service alleys. The applicant may propose, or the
Board may require, a service alley along the rear or side lot lines
to serve as a supplemental means of access to the lot. Service alleys
shall have a minimum right-of-way width of 20 feet and a minimum pavement
width of 12 feet. Any lot served by an alley shall also be served
by an approved street that conforms to the requirements of this chapter.
No lot shall front on an alley. An alley shall be maintained by a
homeowners' association or may be dedicated to the City, conditioned
upon the City’s acceptance of such alley.
[Added 5-8-2007]
A.
Type of name. Street names shall be selected subject
to the approval of the United States Post Office and the Planning
Board.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names in the City, except that streets
that join or are in alignment with streets of an abutting or neighboring
property shall bear the same name.
A.
Arrangement, size. The lot arrangement shall be such that there will be no foreseeable difficulties for reasons of topography or other natural conditions in complying with Chapter 280, Zoning, in order to build on each lot. Lots shall not be of unreasonable depth, encouraging the later creation of a second building lot at the rear.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a variance from this rule will give a better street or lot
plan.
C.
Corner lots. Corner lots shall be of sufficient dimensions
so that any structure placed thereon shall conform to the building
setback line of each street.
D.
Private streets. Access from private streets shall
be deemed acceptable only if such streets are designed and improved
in accordance with these regulations and are shown in the Official
Map.
E.
Monuments and lot corner markers. Permanent monuments
of a size and type approved by the City Engineer shall be set at such
block corners, angle points, points of curves in streets and other
points as the City Engineer may require, and their location shall
be shown on the subdivision plat. Monuments shall be set at not less
than two corners of every street intersection.
F.
Each lot shall have a front lot line, which shall for its entire length directly abut one or more approved public or private streets that conform to the provisions of this section; if an existing street does not conform to municipal standards, the Planning Board may require the applicant to post a performance bond and to improve the street to said standards. The length of the front lot line shall be at least as wide as the lot measured at the required setback line. In the case of a lot fronting on a curved street, the length of the front lot line shall be measured as a straight line connecting the two front corners of the lot along the same street. These standards are in addition to any minimum lot frontage requirements of Chapter 280, Zoning, and the terms “front lot line” and “frontage” shall have the meanings set forth in Chapter 280.
[Added 5-8-2007]
G.
The creation of flag lots by subdivision is prohibited.
[Added 5-8-2007]
A.
Removal of spring and surface water. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring or surface water that may exist either previous to
or as a result of the subdivision. Such drainage facilities shall
be located in the street rights-of-way where feasible, or in perpetual
unobstructed easements of appropriate width. Locations of such facilities
shall be approved by the Department of Public Works.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Department of Public Works shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 280, Zoning, in the watershed.
C.
Responsibility for drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on existing
downstream drainage facilities outside the area of the subdivision;
this study shall be reviewed by the Department of Public Works. Where
it is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a five-year storm, the Planning Board shall notify the City
Council of such potential condition. In such case, the Planning Board
shall not approve the subdivision until provisions have been made
for the improvement of said condition.
D.
Installation and maintenance of facilities. The subdivider
will be required to install the facilities for the drainage of streets
as required by the Commissioner of Public Works of Nassau County,
and 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 land is released.
E.
Dedication of land for storage basins and required
easements to Nassau County. Land for storage basins and easements
shall be dedicated to Nassau County. Dedication papers referring to
such property to be dedicated to the county will be prepared by the
County Attorney and forwarded to the subdivider for execution. The
execution of these papers by the subdivider will not necessarily constitute
an acceptance of dedication by the county. Release of bond will not
be effected before acceptance of dedicated property by the county.
F.
Fencing of storage basins. All storage basins shall
be fenced prior to excavation. All fencing shall be constructed in
accordance with the requirements of the Nassau County Department of
Public Works, which requirements and specifications are made part
of these requirements and specifications.
G.
All drainage shall be designed to intermittently hold
water not to exceed 2 1/2 feet with an overflow mechanism and with
diffusion wells for recharge.
H.
All man-made ponds shall have an open surface of at
least 40,000 square feet with a gradual slope of at least 25 feet
on all sides; the depth thereof shall be permitted to be 3 1/2
feet before fencing is required. The maximum water depth of 3 1/2
feet is only permitted to allow aeration equipment. City water shall
not be used to fill or maintain man-made pond water depth. All water
must be recirculated in order to maintain pond water depth.
I.
All man-made pond/drainage reserve combinations shall
have an open surface area of at least 60,000 square feet with a gradual
slope for the first 25 feet on all sides. The depth thereof shall
be permitted to be 4 1/2 feet maximum during storm events; otherwise
the man-made pond requirements exist. The pond/drainage reserve area
shall have a bulkhead around the overflow mechanism so that maintenance
can be facilitated and maximum water depth easily measured. City water
shall not be used to fill or maintain pond water depth.
J.
All owners of properties with man-made ponds or man-made
pond/drainage reserve combinations shall provide and keep in effect
a hold harmless letter on file with the City Clerk. Failure to comply
will result in the maximum water depth permitted shall be 2 1/2 feet.
K.
Stormwater and surface water facilities shall be so
designed as to ensure no net increase in the rate of stormwater runoff
from the site as a result of the development. Runoff from roof leaders,
driveways, paved areas and inclined areas shall be directed to appropriate
drainage control structures and not to City streets or other properties.
[Amended 5-8-2007]
A.
Parks and playgrounds shown on City plan. Where a
proposed park, playground, school or other public use shown on the
City Plan is located in whole or in part in a subdivision, the Board
shall require that such area or areas be shown on the plat. Such area
or areas may be dedicated to the City or school district.
B.
Parks and playgrounds not shown on City plan.
(1)
Where deemed essential by the Board, and upon consideration
of the particular type of development proposed in the subdivision,
whether high-, medium- or low-density residential, the Board shall
require that the plat show sites of a character, extent and location
suitable for the development of a park or parks for playground or
other recreation purposes. The Board shall require that not more than
10%, approximately, of the gross area of a subdivision be so shown.
(2)
The minimum area of contiguous open space acceptable
in fulfillment of this requirement shall be generally five acres.
Open spaces with less area may be approved by the Board whenever it
deems that the difference between the area shown and five acres may
be made up in connection with the subdivision of adjacent land.
C.
Tracing. In the event that an area to be used for
a park or playground is required to be so shown, the subdivider shall
submit to the Board a tracing, drawn in ink on tracing cloth, showing,
at a scale of not less than 30 feet to the inch, such area and the
following features thereof:
(1)
The boundaries of the area, giving lengths and bearings
of all straight lines, radii, lengths, central angles, tangent distances
and radial bearings of all curves. All lengths shall be in feet and
decimals of a foot, and all angles shall be given to the nearest 10
seconds unless otherwise specified by the City Engineer. The errors
of closure shall not exceed one to 10,000.
(2)
Existing features, such as brooks, ponds, trees, rock
outcrops, structures, drains, etc.
(3)
Existing and, if applicable, proposed changes in grades
and contours of the area and of areas immediately adjacent.
D.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Planning Board finds that due to
the size, topography or location of the subdivision, or for other
reasons, land for parks, playgrounds or other recreation purposes
cannot be properly located therein or, in the opinion of the Board,
is not desirable, the Board may waive the requirement that the plat
show land for such purposes. The Board shall then require as a condition
to approval of the plat a payment to the City, in the sum of $1,000
per dwelling unit, which amount shall be deemed reasonably necessary
for one or more, but not limited to, the following recreation purposes:
the acquisition and/or improvement of recreation land or construction
of capital recreation improvements and/or facilities.
(2)
Such amount shall be paid to the City at the time
of final plat approval, and no plat shall be signed by the authorized
officers of the Board until such payment is made. Such amount shall
be held by the City and applied to any one or more of the aforementioned
recreation purposes.
E.
School sites. Upon receipt from the School Board of
a letter declaring their interest in a school site of a specific size
and location within a proposed subdivision, the Planning Board may
require a subdivider to set aside such area. Upon the failure of the
proper authorities to purchase such school site within 18 months after
the date of the approval of the plat, the subdivider, upon application
to the Board and approval of such application, shall be relieved of
the responsibility of reserving such land for public purposes.
F.
Reserve strips prohibited. Reserve strips of land
which might be used to control access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
G.
Preservation of natural features. The Planning Board
shall, wherever possible, require the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, beaches, historic
spots, vistas and similar irreplaceable assets. In general, all trees
on the site except those within proposed building sites, and for a
distance of 10 feet therefrom, shall be preserved.
[Added 5-8-2007]
The applicant shall provide an irrevocable offer
of dedication to the City for all private streets and private common
open space approved as part of a subdivision application. If the City
does not choose to accept said offer upon construction of the improvements,
the offer shall be recorded with the deed to the property in question
and the City shall retain the right to require that the improvements
be transferred to it at any time.
[Added 8-24-2010]
A.
Purpose. It is the finding of the Glen Cove City Council that the
evolution of residential construction in the City of Glen Cove has
overwhelmingly been toward premium housing or toward the conversion
of aged housing into one- and two-family rental units of questionable
quality. This has evolved into an overwhelming demand for next-generation
and work-force housing; quality housing available to lower- and moderate-income
residents of the City. In order to provide for this type of housing,
the City Council has determined that all new residential construction
in the City must contribute its fair share to the provision of affordable
housing.
B.
Exemptions. The following types of residential subdivisions are exempt
from the requirements of this section:
(1)
Any proposal for housing exclusively available to income-qualified
persons. Such housing will include covenants or deed restrictions
limiting occupancy, sale and resale to eligible persons with incomes
of no more than 130% of the area median income (AMI) as defined by
the United States Department of Housing and Urban Development (HUD).
(2)
Any proposed development that provides a minimum number of units
restricted to persons meeting income-eligibility requirements as required
by any other provision of the Glen Cove Zoning Ordinance[1] or by contract with the City of Glen Cove Industrial Development
Agency, the City of Glen Cove or its other authorized agencies.
(3)
Any proposal for which at least 10% of units are receiving funding
through the New York State Department of Housing and Community Renewal,
the United States Department of Housing and Urban Development, or
any other federal, state or local department charged with funding
affordable housing.
(4)
Subdivision of land not previously subdivided within the last
10 years into less than five lots.
(5)
Subdivisions proposing less than 75% of the maximum achievable
density as demonstrated by submission of an as-of-right plan demonstrating
compliance with all relevant zoning and subdivision requirements.
C.
Applicability. The provisions of this section are applicable to any residential subdivision not subject to exemption as described in Subsection B.
D.
Requirements.
(1)
Any residential subdivision must provide covenants and restrictions
limiting occupancy, sale and resale of residential units as follows:
(a)
Ten percent of units (but no fewer than one unit) to families
with incomes no greater than 80% of area median income (AMI); or
(b)
Fifteen percent of units (but no fewer than one unit) to families
with incomes no greater than 100% of area median income (AMI); or
(c)
Twenty percent of units (but no fewer than one unit) to families
with incomes no greater than 130% of area median income (AMI).
(2)
The sale and resale of restricted units shall be at prices affordable
to the targeted income groups and managed through the City of Glen
Cove Housing Authority or a qualified not-for-profit institution whose
mission includes the management of affordable housing and is deemed
acceptable to the City Council of the City of Glen Cove.
E.
Density bonus. In exchange for provision of affordable units as described
above, the applicant shall be entitled to a density bonus of 10%,
or such other incentive pursuant to a written agreement between the
applicant and the City of Glen Cove.
F.
Money in lieu of inclusionary housing. In lieu of providing affordable
units within the proposed subdivision, a monetary contribution equal
to two times the median income for a family of four for the Nassau-Suffolk
primary metropolitan statistical area as defined by the federal Department
of Housing and Urban Development or each additional unit which results,
or would have resulted, from the density bonus or, when such fee exceeds
the appraised value of each lot resulting from such density bonus,
then such fee shall be equal to the appraised value of the lot or
lots, or the equivalent thereof, for each additional unit created
by the density bonus. Such payment shall be made to the City of Glen
Cove and placed in a separate and single trust for the exclusive purpose
of constructing affordable work-force housing, acquiring land for
the purpose of providing affordable work-force housing or rehabilitating
structures for the purpose of providing affordable work-force housing
targeted to families with incomes no greater than 130% of the area
median income, subject to the following requirements.
(1)
Up to two units of the inclusionary housing requirement may
be satisfied by money in lieu of inclusionary housing.
(2)
At the discretion of the City Council, additional units may
be satisfied in this manner if it finds that the following conditions
are met:
(a)
The subdivision is located in an area of the City which provides
adequate opportunities for quality affordable housing managed by the
public or by not-for-profit institutions; and
(b)
There exists a need for monetary funds for the provision, maintenance
or capital improvement of affordable housing in another location;
and
(c)
The proposed subdivision is not gated; and
(d)
The proposed subdivision is not located in an R-1A, R-1, R-2,
or R-3 zoning district.
G.
Homeowners' association and other fees. Where inclusionary units
are being provided in subdivisions that will require association or
other similar fees, the monthly fee for affordable units shall be
no greater than 20% of median gross rent for Nassau County. Further,
regardless of the fees paid by inclusionary units, the occupants of
such units shall be afforded the same homeowners' association voting
and participation rights as are afforded to occupants of noninclusionary
units.
