By authority of the resolution adopted by the Village Board,
pursuant to the provisions of Article 7 of the Village Law, as amended,
the Planning Board has the power and authority to approve plats for
subdivision which show lots, blocks or sites, with or without streets
or highways, within the Village, and specifically including the creating
of one or more additional building lots from an existing parcel of
land.[1] All such subdividing of land shall be considered and reviewed
by the Planning Board as hereinafter provided, and no plat shall be
filed in the office of the County Clerk except in accordance with
these regulations.
It is declared to be the policy of the Village Planning Board
to consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the Village.
A.
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from
fire, flood or other menace.
B.
Proper provision shall be made for drainage, water, sewerage and
other needed improvements.
C.
The proposed streets shall compose a convenient system and shall be properly related to regulations governing the use and occupancy of land as incorporated in Chapter 128, Zoning. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection.
D.
In proper cases, park areas of suitable location, size and character
for a playground or other recreational purposes shall be shown in
the subdivision plat.
[Amended 4-5-1988 by L.L. No. 1-1988]
Should any of these regulations conflict or be inconsistent
with any provision of the Village Law, such provision of the Village
Law shall apply.
The Planning Board may waive, subject to appropriate conditions,
any requirements contained herein as, in its judgment, are not requisite
in the interest of the public health, safety and general welfare.
In order that land may be subdivided in accordance with this
policy, this chapter is hereby adopted.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
The maps and engineering drawings accompanying a subdivision
plat and showing the specific location and design of improvements
to be installed in the subdivision in accordance with this chapter
and with those required by the Village Engineer in accordance with
specifications adopted by the Village Board.
The authorization by a property owner for the use by another
for a specified purpose of any designated part of his property.
A street intended to serve primarily as an access to abutting
residential properties.
A street which serves or is designed to serve as a route
connecting different parts of the Village.
A strip of public or private land devoted to vehicular and
pedestrian movement, including a road or right-of-way, over which
the abutting owners have the rights of access, air and light. A private
driveway shall not be considered a private road or "street" unless
or until a right-of-way or easement therein is vested in more than
one ownership.
The horizontal distance between property lines measured at
right angles to the center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out for the purpose of sale or development or conveyance
of land any subdivision, or part thereof, as defined herein, either
for himself or for others.
The dividing of any parcel of land into two or more lots, blocks
or sites, with or without streets or highways, for the purpose, whether
immediate or future, of transfer of ownership or of building development,
and shall include resubdividing as defined in § 7-728 of
the Village Law.
The land so subdivided or proposed to be subdivided.
The final map or drawing, described in Article IX of this chapter, on which the subdivider's plan of subdivision is presented to the Planning Board for approval, and which if approved may be submitted to the County Clerk for filing pursuant to law.
The professional engineer appointed by the Village Board
to perform the duties of that position, including the inspection of
improvement construction in new subdivision.
Chapter 128, Zoning, of the Code of the Village of Nissequogue, together with any and all amendments thereto.
[Amended 1-21-1971]
Whenever any subdivision of land is proposed, before any lots
are sold or conveyed and before any building permit for the erection
of a structure in such proposed subdivision shall be granted, the
subdividing owner or his authorized agent shall apply for and secure
approval of such proposed subdivision in accordance with the following
procedures which include basically three steps:
[Amended 1-21-1971]
The location and design of each new street created as part of
a subdivision must be approved by the Planning Board. The construction
of new streets shall not be started, nor shall any existing features,
such as trees, be removed or relocated until this approval has been
obtained.
