By authority of Article 7 of the Village Law, as amended, and
the resolution adopted by the Village Board on August 20, 2007 pursuant
thereto, the Planning Board and Board of Trustees have adopted these
regulations for the subdivision of land within the Village and, pursuant
to Section 1610 of the County Government Law of Nassau County, as
amended, of land within 300 feet of the boundaries of the Village
of Old Brookville.
For the purpose of providing for the appropriate growth and
development of the Village and affording adequate facilities for the
housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population and to promote and preserve the
natural character of the Village, the Board of Trustees has authorized
and empowered the Planning Board to approve plats and the development
of plats entirely or partially undeveloped and which have been filed
in the office of the Clerk of Nassau County prior to the appointment
of the Planning Board and the grant to such Board of the power to
approve plats.
No person, firm or corporation proposing to make or having made
a subdivision, as defined herein, within the territorial limits of
the Village of Old Brookville shall make any contract for the sale
or shall offer to sell such subdivision or any part thereof or shall
proceed with any development, as defined herein, until he or it has
obtained from the Planning Board of the Village of Old Brookville
approval of the proposed subdivision and/or development pursuant to
the procedure outlined in these regulations.
Whenever access to the subdivision can be had only across land
in another municipality, the Planning Board may request assurance
from the Village Attorney that an access road has been legally established
and shall ascertain that such access road is adequately improved or
that a performance bond has been duly executed and is sufficient in
amount to assure the construction of the access road. In general,
lot lines shall be laid out so as not to cross Village boundary lines.
Resubdivision of a lot which has been created and approved under
this chapter shall not be subdivided further, and a covenant to such
provision shall be required by all subdivision decisions of the Planning
Board, except when the zoning of the lot so subdivided has changed
to allow for smaller lots than was permitted at the time of the original
subdivision under this chapter.
A.
Words in the singular include the plural, and words in the plural
include the singular. The word "person" includes a corporation, association
and a partnership as well as an individual. The word "building" includes
"structure" and shall be construed as if followed by the words "or
part thereof." The word "street" includes "road," "highway," "lane,"
"thoroughfare" and "way." The word "shall" is mandatory and not directive.
The word "may" is permissive.
B.
BOARD
BOND
CONSTRUCTION PLAN
CONSTRUCTION STANDARDS
DEVELOPMENT
DRAINAGEWAY
EASEMENT
ENGINEER
ESCROW DEPOSIT
LANDSCAPE CONSULTANT
LOT
PARTITIONING
PLAN, SKETCH
PLAT, SUBDIVISION
PRELIMINARY LAYOUT
STREET
STREET, DEAD-END
STREET, LOCAL
STREET, MAJOR
STREET PAVEMENT
STREET, SECONDARY
STREET WIDTH
SUBDIVIDER
SUBDIVISION
ZONING
Unless otherwise expressly stated, the following terms shall, for
the purpose of these regulations, have the meanings indicated:
The Planning Board of the Village of Old Brookville, Nassau
County, New York.
A performance and payment bond or other security described
in Subdivision 9 of § 7-730 of the Village Law.
The maps and engineering drawings, described in § 245-37 of these regulations, accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of these regulations.
The standards and specifications adopted by the Village Board
for the construction of new streets and related improvements.
The lands required for the installation of storm areas, drainage
ditches or drainage systems, including land required along a stream
or watercourse for protecting the channel and providing for the flow
of water therein, to safeguard the public against flood and/or to
conserve the water supply.
The authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
The Engineer of the Village of Old Brookville
A deposit of funds by an applicant in advance of fees, costs,
services, and work required for the completion of the subdivision
plans, infrastructure, approvals, inspections, and the like.
A landscape architect or designer who consults for the Village
on landscape matters.
A parcel of land intended for immediate or future transfer
of ownership, improvement or building development.
A subdivision which is limited to the subdivision of a lot,
tract or parcel, as it existed on the effective date of these regulations,
into two lots, plots or sites only, which subdivision does not involve
the layout of any new street nor the change in lines, drainage or
grade of any existing street nor the installation of any street improvement.
A sketch plan, described in § 245-35 of these regulations, of a preliminary layout to enable the subdivider to discuss informally with the Planning Board and Village officials the form of the proposed subdivision as related to the objectives and requirements of these regulations.
The final map or drawing, described in § 245-38 of these regulations, on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted by the subdivider to the Clerk of Nassau County for recording in accordance with law.
The preliminary drawing or drawings, described in § 245-36 of these regulations, indicating the proposed manner and/or layout of the subdivision to be submitted to the Planning Board for its consideration.
A thoroughfare dedicated and accepted by a municipality for
public use or legally existing on any map of a subdivision filed in
the manner provided by law, including private roads.
A street with only one outlet.
A minor street which serves or will serve primarily for access
to abutting properties.
A principal thoroughfare of considerable continuity which
is or will be primarily a traffic artery for intercommunication between
communities or large areas.
The wearing or exposed surface of the roadway used by vehicular
traffic.
A street supplementary to the major highway system and primarily
a means of intercommunication between this system and smaller areas
or among smaller areas.
The street right-of-way or distance between property lines
measured at right angles to the center line of the street.
Any person, firm, corporation, partnership or association
who or which lays out or proposes to lay out, for the purpose of sale
or development, any subdivision or part thereof as defined herein.
The division of any parcel of land into three or more lots,
plots or sites or other division of land for immediate or future sale
or for building development, or into two or more lots, plots or sites
or other division of land in such a way as to create one or more new
streets or extensions of existing streets or changes in existing street
or lot lines. The division and transfer of property between adjacent
property owners which does not create a new lot or reduce the size
of any existing lot area, dimensions or building setbacks below the
minimum requirements for the zoning district in which it is located
shall not be considered a subdivision within the meaning of these
regulations.
Chapter 300, Zoning, of the Code of the Village of Old Brookville, together with any and all amendments thereto.
