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.
A.
Location, width and improvement of streets. Streets shall be suitably
located, of sufficient width and adequately improved to accommodate
the prospective traffic and to afford satisfactory access by police,
fire-fighting, snow removal or other road maintenance equipment and
shall be coordinated so as to compose a convenient system. The arrangement
of streets shall be such as to cause no undue hardship to adjoining
properties.
B.
Design standards for new streets.
(9)
The minimum sight distance across corners at intersections shall extend to 75 feet back from the corner, as explained in § 101-41E.
(12)
The Planning Board reserves the right to modify the minimum
standards, established in this subsection, to meet specific and unusual
conditions.
C.
Relation to topography. Streets shall be logically related to the
topography. Grades of streets shall conform as closely as possible
to the original topography. A combination of steep grades and curves
shall be avoided.
D.
Intersections.
(1)
Intersections of major streets by other streets shall be at least
800 feet apart, if possible.
(2)
Cross (four-cornered) street intersections shall be avoided insofar
as possible, except at important traffic intersections.
(3)
A distance of at least 150 feet shall be maintained between offset
intersections.
(4)
Within 40 feet of an intersection, streets shall be at approximately
right angles, and grades shall be limited to 1 1/2%.
(5)
All street intersection corners shall be rounded by curves at least
25 feet in radius at the property line.
(6)
Sight easements shall be provided across all corners at intersections
within the triangular area formed by the two intersecting street lines
and a straight line connecting points along said street lines, each
point 75 feet from the intersection of the street lines. For the purpose
of traffic safety, there shall be a clear line of sight in either
direction across such triangular area between an observer's eye, three
and 3.5 feet above the street surface at the nearest edge of the street
and an object one foot above the nearest edge of pavement on the intersection
street. In the case of streets which must intersect at other than
right angles, the Planning Board may require that the dimensions of
the sight easement be modified to provide adequate sight distance.
E.
Continuation of streets into adjacent property. The arrangement of
streets shall provide for the continuation of principal streets between
adjacent properties where such continuation is necessary for convenient
movement of traffic, effective fire protection and efficient provision
of utilities. In the alternative, the Planning Board may require such
streets to be terminated short of the boundary line of the subdivision
if a continuation of the street is not warranted by the circumstances
or would result in unsafe traffic conditions or other jeopardy to
the public safety and welfare. If the adjacent property is undeveloped
and a street must be a dead-end street temporarily, the Planning Board
may require that the right-of-way and improvements be extended to
the property line. A temporary circular turnaround of a minimum of
50 feet in radius shall be provided on all temporary dead-end streets,
with the notation on the plat that land outside the street right-of-way
shall revert to abutters whenever the street is continued. The Planning
Board may limit the length of temporary dead-end streets. The area
within the temporary turnaround may not be counted as part of the
lot area of the abutting lots.
F.
Permanent dead-end streets. Where a street does not extend to the
boundary of the subdivision and its continuation is not needed for
access to adjoining property, it shall be separated from such boundary
by a distance not less than the minimum lot depth prescribed by the
zoning regulations for the zoning district in which the street is
located. Reserve strips of land shall not be left between the end
of a proposed street and an adjacent piece of property. However, the
Planning Board may require the reservation of a twenty-foot wide easement
to accommodate pedestrian traffic or utilities. A circular turnaround
of a minimum right-of-way radius of 65 feet shall be provided at the
end of a permanent dead-end street. For greater convenience to traffic
and more effective police and fire protection, permanent dead-end
streets shall, in general, be limited in length to six times the minimum
lot width at the building line for that zoning district.
G.
Street names. All streets shall be named, and such names shall be
subject to the approval of the Village Board. Historical names or
names appropriate to the particular development or general neighborhood
are preferred. Names shall be sufficiently different in sound and
in spelling from other street names in the Village so as not to cause
confusion. A street which is a continuation of an existing street
shall bear the same name.
A.
Street improvements. Streets shall be graded and improved with pavement
road signs, sidewalks, road lighting standards, curbs, gutters, street
trees, water mains, sanitary sewers, storm drains and fire hydrants,
except where waivers may be required, and the Planning Board may waive,
subject to appropriate conditions, such improvements as it considers
are not requisite in the interest of the public health, safety and
general welfare. If placed in the street right-of-way, underground
utilities required by the Planning Board shall be placed between the
paved roadway and street line to simplify location and repair of the
lines. The subdivider shall install underground service connections
to the property line of each lot before the street is paved. Such
grading and improvements shall be approved as to design and specifications
by the Village Engineer in accordance with the then-current specifications
as adopted by the Village Board. The developer, before the approval
of the final subdivision plat, shall complete all improvements to
the satisfaction of the Village Engineer or post a sufficient performance
bond to insure the satisfactory completion of such improvements.
B.
Drainage improvements.
(1)
The developer 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 at least 20 feet in width.
(2)
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. Local drainage in
watersheds of 100 acres or less may be designed, except in unusual
cases, for a storm with an intensity likely to occur once in 20 years.
For larger watersheds and/or where flowing streams are involved, structures
shall be designed for a storm with an intensity likely to occur once
in a period of 50 years. The developer shall submit to the Planning
Board computations and data in sufficient detail to make possible
the ready determination of the adequacy of the proposed drainage installation.
The size of the facilities shall be subject to the review and approval
of the Village Engineer.
(3)
The Village Engineer shall also study the effect of each subdivision
on existing downstream drainage facilities outside the area of the
subdivision. Where it is anticipated that the additional runoff incident
to the development of the subdivision will overload an existing downstream
drainage facility during a fifty-year storm, the Planning Board shall
notify the Village Board of such potential condition. In such case,
the Planning Board shall not approve the subdivision until provision
has been made for the improvement of said potential condition.
C.
Monuments. Monuments shall be placed wherever deemed necessary by
the Planning Board to enable all lines to be located on the ground.
In general, monuments shall be located on street lines usually at
block corners; shall be spaced so as to be within sight of each other,
but not more than 500 feet apart; and the sight lines shall be contained
wholly within the street right-of-way. Monuments shall be set vertically
in solid ground, three inches above ground surface, and shall meet
or exceed any other requirements set by the Village Engineer.
D.
Other improvements.
(1)
Street signs. Village approved street name signs shall be provided
by the developer and shall be placed in accordance with the requirements
of the Village.
(2)
Streetlighting standards. Where required by the Planning Board, streetlighting
standards, of a design approved by the appropriate lighting district
or other municipal agency having jurisdiction, shall be placed in
a manner and location approved by the Long Island Lighting Company.
(3)
Street trees. The Planning Board may require the planting of new
trees within the right-of-way limits in subdivisions which are lacking
in trees or in which substantial loss of trees has or will occur in
the process of road construction. Such trees shall be preferably of
hardwood variety and of a type indigenous to the neighborhood. Such
trees shall be planted in fertile or fertilized ground and shall be
watered and nurtured after planting until growth is assured. Such
trees shall have a minimum diameter of trunk at a point six feet above
ground level of at least 2 1/2 inches and shall be planted close
to the property line and at intervals of no more than 60 feet, all
in accordance with a planting plan to be approved by the Planning
Board.
(4)
Sanitary sewers, water mains and fire hydrants. Where required by
the Planning Board, the subdivider shall install sanitary sewers and/or
water mains and fire hydrants of a type and in a manner prescribed
by the regulations of the appropriate sewer, water or fire district
or other municipal agency having jurisdiction.
(5)
Fire-alarm signal devices. Where required by the Planning Board,
the subdivider shall install fire-alarm signal devices, including
necessary ducts, cables and other connecting facilities, of a type
and in a manner and location prescribed by the appropriate fire district
or other municipal agency having jurisdiction.
(6)
Septic systems. In no event whatsoever shall a septic system be placed
in areas where the seasonal high groundwater table is three feet or
less or within 150 feet of the upland boundary of a freshwater or
tidal wetland or within 150 feet of the crest of a bluff.
[Added 6-27-1991 by L.L. No. 3-1991]
A.
Lot arrangement. The lot arrangement shall be such that there will
be no foreseeable difficulties, for reasons of topography or other
conditions, in securing building permits to build on all lots, in
compliance with the Zoning Ordinance and County Health Department
regulations, and in providing driveway access to buildings on such
lots from an approved road. The Planning Board may require the developer
to furnish necessary topographic and design information to demonstrate
to the satisfaction of the Planning Board that driveways can be designed
and arranged to eliminate the necessity of vehicles backing onto the
access street when leaving the lot.
B.
Access across a watercourse. Where necessary, New York State tidal
wetland permits, freshwater wetland permits or Article 15 permits
shall be required before the Village Engineer may give said approval.
Where a watercourse separates the buildable area of a lot from the
street by which it has access, provision shall be made for installation
of a culvert or other structure of a design approved by the Village
Engineer.
[Amended 6-27-1991 by L.L. No. 12-1991]
C.
Lot dimensions and minimum frontage. Lot dimensions shall comply
with the minimum standards of the Zoning Ordinance. Where lots are
more than double the minimum required area for the zoning district,
the Planning Board may require that such lots be arranged so as to
allow further subdivision and the opening of future streets where
they would be necessary to serve such potential lots, all in compliance
with the Zoning Ordinance and this chapter.
(1)
Plats affecting land in more than one zoning district. If a plat
affects land in two or more zoning districts, the location of the
zoning boundaries shall be shown on the plat, with a notation as to
the effective date of such zoning, e.g., "existing zoning boundaries
as of 19 ." The location of the boundaries shall be accurately determined
from the Village's Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is available and on file in
the office of the Village Clerk.
(2)
Lots divided by a zoning boundary. Wherever possible, a lot shall
not be divided by a zoning boundary. If such a division is necessary
in the interest of the overall layout, the boundaries of that lot
shall be so laid out that it may be developed in accordance with the
standards of the zoning district in which the building site lies.
The lot shall also be laid out in such manner that any applicable
standards of the Zoning Ordinance regarding such cases can be met.
(3)
Lots divided by a municipal boundary. In general, lot lines shall
be laid out so as not to cross Village boundary lines. In any event,
to be considered a building lot in the Village, the lot area requirement
for the particular zoning district must be satisfied by land wholly
within the Village. Where the building area will lie in an adjacent
community with its principal access in the Village, the Planning Board
may request assurance from the Village Attorney that the lot meets,
or appears to meet, the zoning requirements for the particular zoning
district in the adjoining municipality. Approval by the Planning Board
will be considered only for that portion lying within the Village;
approval of that portion of the subdivision lying in the adjacent
community should be sought from the Planning Board having jurisdiction.
D.
Side lot lines. Side lot lines shall be at right angles to street
lines, unless a variance from this rule will give a better street
or lot plan.
E.
Access from major streets. Except in unusual cases, lots shall not derive access from a major or secondary street as determined by the Planning Board but shall front on a marginal service street or on a local interior street. Where driveway access from a major or secondary street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such major or secondary street and to minimize the number of such driveway accesses. The maximum grade for any driveway shall be 16%, subject to modification, if warranted, in accordance with § 94-5.1C.
[Amended 5-19-1998 by L.L. No. 5-1998]
F.
Corner lots. Dimensions of corner lots shall be large enough to allow
for erection of buildings observing the minimum front yard setback
from both streets.
A.
Park and recreation lands or moneys in lieu. Land may be required
to be reserved for park and recreation purposes in locations where
the Planning Board deems such reservation to be appropriate, with
the approval of the Village Board of Trustees. Each reservation shall
be of suitable size, dimensions, topography and general character
and shall have adequate street access for the purpose. No more than
10% of the gross land area in a subdivision may be required for such
purposes, with a desirable minimum of five acres to be reserved. Alternatively,
in cases where a reservation of land would be inadequate in size or
otherwise inappropriate for such use, the Planning Board shall waive
the requirements for such reservation and shall require that the applicant
deposit with the Village Clerk a cash payment in lieu of land reservation.
Such deposit shall be in the amount of $2,500 per acre excluding any
acreage occupied by a homestead and shall be placed in a trust fund
to be used for the purchase and development of park and recreation
areas serving the neighborhood encompassed by the Village.
[Amended 3-15-1984; 4-14-1992 by L.L. No. 2-1992]
B.
Widening or realignment of existing streets. Where the subdivision borders an existing street planned for realignment or widening so as to require reservation of some land of the subdivision, or elsewhere where the Planning Board determines that such a realignment or widening would be in the public interest, the Planning Board may require that such areas be shown and marked on the plat "reserved for street realignment or widening purposes." Land so reserved for street widening may not be counted in satisfying the minimum area and yard requirements of the Zoning Ordinance. (See also Subsection E of this section.)
C.
Utility and drainage easements. Where topography or other conditions
are such as to make impractical the inclusion of utilities or drainage
facilities within street rights-of-way, perpetual unobstructed easements
at least 20 feet in width for such utilities shall be provided across
property outside the street lines and with satisfactory access to
the street. Easements shall be indicated on the plat. When a proposed
drainage system will carry water onto or across private land outside
the subdivision, appropriate drainage rights must be secured and indicated
on the plat.
D.
Easements for pedestrian access. The Planning Board may require,
in order to facilitate pedestrian access from streets to schools,
parks, playgrounds or other nearby streets, perpetual unobstructed
easements at least 20 feet in width. Such easements shall be indicated
on the plat.
E.
Reservation area dedication procedure. In those cases where a developer
wishes to offer to the Village the land within a recreation area or
a widening or realignment reservation (as, for example, where necessary
to preserve access from the subdivision to an existing street), the
Planning Board may request the assistance of the Village Attorney
to assure that such conveyance will be acceptable in form and procedure.
In general, such conveyance should satisfy the following requirements:
(1)
The deed shall be in the form of a bargain and sale deed with covenant
against the grantor's acts.
(2)
In the case of street widening or realignment reservations, the conveyance
shall be unrestricted as to future use.
(3)
The description in the deed shall correspond to the description set
forth in the subdivision survey.
(4)
The deed shall be accompanied by a copy of the grantor's title report,
together with the name of the grantor's title company, showing the
status of the title to his property.
A.
Preservation of existing features. Existing features which would
add value to residential development, such as trees, watercourses
and falls, beaches, historic spots and similar irreplaceable assets,
shall be preserved, insofar as possible, through harmonious design
of the subdivision.
B.
Preservation of natural cover. Land to be subdivided shall be laid
out and improved in reasonable conformity with existing topography,
in order to minimize grading, cut and fill and to retain, insofar
as possible, the natural contours, limit stormwater runoff and conserve
the natural cover and soil. No topsoil, sand or gravel shall be removed
from any lots shown on any subdivision plat, except in accordance
with the provisions of any other applicable ordinances.
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.[1] 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.
