The Planning Board, in considering an application for the subdivision
of land, shall be guided by the following considerations and standards.
Said standards shall be deemed to be minimum requirements for the
convenience, health, safety and welfare of the Village.
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, traffic hazard or other menace. Land subject to
such hazards shall not be subdivided or developed for residential
purposes nor for such other uses as may increase danger to health,
life or property or aggravate a flood hazard, but such land may be
set aside for such permitted uses as shall not involve such danger
nor produce unsatisfactory living conditions.
Subdivisions shall conform to the streets and parks shown on
the Official Map of the Village and shall be properly related to the
Village Plan as it may be developed and adopted by the Village Planning
Board and as may be expressed in the Village Zoning Ordinance.
The area proposed to be subdivided shall have frontage on and
direct access from a street duly placed on the Official Map, if any,
and if such street is private, it shall be suitably improved to the
satisfaction of the Planning Board, or there shall be a bond held
by the Village covering such improvement. Whenever access to the subdivision
can be established only across land in another municipality, the Planning
Board may request assurance from the Village Attorney that the access
street is adequately improved or that a performance bond has been
duly executed and is sufficient in amount to assure the adequate construction
of such access road within the adjoining municipality.
The owner may place restrictions on the development greater
than those required by the Zoning Ordinance. Such restrictions, if
any, shall be indicated on the subdivision plat.
[Amended 6-27-1991 by L.L. No. 12-1991]
The Planning Board may modify the specified requirements in
any individual case where, in the Board's judgment, such modification
is in the public interest. No modification shall be granted which
will have the effect of nullifying the intent and purpose of this
chapter, consistency with the LWRP policy standards or the Zoning
Ordinance. In granting any adjustment, the Planning Board shall attach
such conditions as are necessary, in its judgment, to secure substantially
the objectives of this chapter, the LWRP policy standards and the
Zoning Ordinance.
[Added 6-27-1991 by L.L. No. 1991; amended 5-19-1998 by L.L. No.
5-1998; 8-16-2005 by L.L. No. 3-2005; 8-15-2006 by L.L. No.
3-2006]
A. Purpose. The maintenance and protection of steep slope lands is essential
to the public health, safety and welfare of both present and future
residents of the Village of Nissequogue and is specifically necessary
to prevent soil erosion, sedimentation and loss of protective vegetation,
to prevent flooding and drainage hazards to provide safe building
sites with proper access thereto for pedestrian, vehicular and emergency
traffic and to protect wildlife habitats.
B. Definition of steep slope. For the purpose of this chapter, "steep
slope" is defined as any hillside, bank, or area of land with a gradient
of, or greater than, 25% over a horizontal length of at least 25 feet
and extending for a horizontal width of at least 25 feet.
[Amended 7-16-2019 by L.L. No. 1-2019]
C. Minimum lot area requirements. In all R-2 Zones, the Planning Board
shall not approve the partitioning or subdivision of any parcel of
land into building lots unless each such lot shall contain at least
two acres of land and shall:
(1)
Contain a potential building envelope (in conformity with all
setback requirements) that contains an area twice the area of the
building footprint on a proposed map that will not include any steep
slopes; or
(2)
Contain an existing single-family dwelling which complies with
all other requirements of this chapter and the zoning laws of the
Village.