Village of Sag Harbor, NY Article V Parks, Open Spaces, Natural Features

§ 240-13 Park requirements.

A. Each residential plat shall have a park site, which shall comprise 10% of the total acreage, suitably located for playground or other recreational uses, unless the Planning Board shall determine that such park requirement, in whole or in part, cannot be properly located in any such plat or is otherwise not practical.

B. The Planning Board may require the subdivider to grade such park site in a manner appropriate for its projected use and compatible with its surroundings.

C. Where such park site incorporates a unique natural feature or landmark, the subdivider shall be responsible for the protection of such feature or landmark from any destructive action during the course of the plat development.

D. In cases where the Planning Board determines that a park site cannot be properly located within the plat, in whole or in part, the subdivider shall be required to pay a Park Fee to the municipality equal in amount to the estimated purchase price of the park site not provided, based on the value of such land at the time of the subdivision procedure. All such payments shall be held by the municipality in a special Park and Recreation Site Acquisition and Improvement Trust Fund to be used either for the acquisition of sites that are properly located for neighborhood park, playground or recreational purposes, or for the physical improvement of such sites, provided that the Planning Board finds there is a need for such improvements and that such action will serve the general neighborhood in which the land shown on the plat is situated.

§ 240-14 Lot specifications.

The lot arrangement shall be such that in constructing a building in compliance with the Zoning Code[1] there will be no foreseeable difficulties for reasons of topography or other natural conditions. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other use as may increase danger to health, life or property, or aggravate flood hazard, or encourage the destruction of valuable wetlands through filling or pollution. But such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation, or shall be improved in a manner satisfactory to the Planning Board, provided that the Board shall be guided by the intent and purpose of the Bulkheading, Dredging and Canal Ordinance of May 18, 1971[2] as amended, and by all other wetlands legislation applicable to the subdivision location, and by the objectives and purposes of the Zoning Code[3] with reference to the Village's dependence, in part, on its natural assets for its economic stability.

[1] Editor's Note: See Ch. 300, Zoning.

[2] Editor's Note: See Ch. 107, Bulkheading, Dredging and Canals.

[3] Editor's Note: See Ch. 300, Zoning.

§ 240-15 Preservation of natural environment.

A. Subdivision design shall preserve, insofar as is possible, the natural terrain and natural drainage pattern and endeavor to prevent the degradation or destruction of any pond, stream, tidal and ground waters found on the site or adjacent to it.

B. All open watercourses and salt marshes, beaches and shoreline shall be recognized as community assets and shall be protected and preserved in accordance with the intent of the Zoning Code[1] and other applicable legislation.

[1] Editor's Note: See Ch. 300, Zoning.

C. If ponds, streams, unusual vegetative cover or other natural or historic locations are on the site, they shall be considered for park areas as set forth in § 240-14 above.

D. A conscious effort shall be made to preserve all worthwhile trees and shrubs existing on the site as determined by the Planning Board.

E. The natural fertility of the soil shall be preserved by disturbing it as little as possible.

F. All stormwater drainage shall be recharged into the subsurface groundwater reservoir by use of enclosed dry wells and leaching basins or open recharge basins. The appearance of all open recharge basins shall be enhanced by the use of screen plantings, including good natural vegetative cover where it exists. At the discretion of the Planning Board, natural swale areas may be utilized for recharge, provided that cover vegetation and subsoils permit appropriate water penetration and that such areas are offered for dedication to the municipality for such purposes.

§ 240-16 Use of reserve strips prohibited.

Reserve strips of land, which might be used to control access to or from the proposed subdivision or any public area therein, or within the subdivision itself, shall be prohibited.