A.
Considerations. In considering applications for subdivision of land
and/or development, the Board shall be guided by the standards set
forth herein. Said standards shall be deemed to be minimum requirements
for the convenience, health, safety and welfare of the Village.
B.
Character of land. Land to be subdivided and/or developed 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.
Land subject to such hazards shall not be subdivided nor 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 uses as shall not involve such danger
nor produce unsatisfactory living conditions.
C.
Frontage on improved street. The plat shall include all streets,
which are within the site and such other streets as the Board may
require. The area proposed to be subdivided and/or developed shall
have frontage on and direct access to a street and, if such street
is private, it shall be improved to the satisfaction of the Board
or there shall be a bond held by the Village covering such improvement.
D.
Preservation of natural cover. Land to be subdivided and/or developed
shall be laid out and improved in reasonable conformity to 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
for the purpose of improving such lots and for the laying out of streets
shown thereon. Topsoil so removed shall be restored to a depth of
six inches and properly seeded and fertilized on the areas of such
lots not occupied by buildings or structures. No excess topsoil so
removed shall be disposed of outside of the boundaries of the Village
except upon the approval of the Board of Trustees of the Village.
E.
Preservation of existing natural features. Existing natural features that enhance the attractiveness of the site and which would add value to residential or other development or to the Village as a whole, such as trees, watercourses, ponds and similar irreplaceable assets, shall be preserved insofar as possible by harmonious design of the subdivision. The Board may make reasonable modifications in standards for layout of streets to accomplish such purposes as well as the objectives noted in Subsection D.
F.
Conservation easement.
(1)
Each subdivision or partitioning plat shall show on the parcel being subdivided a natural conservation easement or easements, satisfactory to the Planning Board in location and character, and designed to protect the natural character of the Village and minimize the impact of the subdivision or partitioning and its development of the neighboring properties, adjacent roadways and the Village. The conservation easement or easements areas shall be maintained in their uninterrupted natural state and prohibit within the designated area or areas the cutting, altering, removal or destruction of trees, shrubs, or other natural growth (except for normal and customary maintenance) or the changing of grades or the construction of any buildings or structures of any kind (including fences), and shall provide for the maintenance of such growth and replacement of all dead or destroyed growth. The Board, in its sole discretion, may designate the area or areas where the conservation easement or easements are most appropriate. Said natural conservation easement or easements shall comprise a minimum of 8% of the total land area of the parcel being subdivided or partitioned, and shall not be included as part of any of the lots shown on the subdivision or partitioning plat, nor used in the calculations under either: Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville to determine lot area (unless such lot was created prior to August 20, 2007); or under § 245-21, Lot averaging, of these regulations, to determine lot yield. Furthermore, such conservation easement or easements shall be in addition to, and not included as part of, any required conservation easement or open space area created under § 245-21, Lot averaging, of these regulations.
(2)
Where no or minimal natural vegetation exists within such conservation
easement or easements, a planting plan shall be required, and such
plan shall be designed to provide the easement or easements with a
natural appearance, to provide screening, and to require minimal maintenance
of the conservation easement or easements. Where natural vegetation
exists, it shall be left largely undisturbed as stated above, or it
may be enhanced by additional screen plantings as required by the
Board consistent with a natural appearance.
(3)
The portion of such conservation easement or easements adjacent to
a subdivision lot shall be deeded to the owner of the adjacent lot.
(4)
The Board may impose such conditions as it may deem appropriate to
assure that such easement area or areas continue to protect the natural
character of the Village and minimize the impact of the subdivision
or partitioning and its development on neighboring properties, roadways
and the Village.
(5)
The conservation easement or easements and all restrictions and obligations
therein shall be contained in a Declaration of Covenants and Restrictions
(DCR) recorded against the property in the Office of the Nassau County
Clerk. The DCR shall contain a provision that the restrictions or
obligations shall:
(a)
Apply to the applicants, their successors and assigns.
(b)
Be enforceable by the Incorporated Village of Old Brookville,
its agents and employees, by an action for injunction or damages or
other relief, and the Village shall be reimbursed for all costs and
expenses, including attorneys' fees incurred in connection therewith,
which shall be a lien against the property or properties on which
any violation occurs.
(c)
Run with and constitute a servitude upon the land and be binding
upon the owner, its heirs, successors and assigns.
(d)
Inure to the benefit of the Incorporated Village of Old Brookville
and shall not be modified, amended or terminated without the prior
written consent and approval of the Board.
[Amended 11-16-2020 by L.L. No. 2-2020]
A.
General. The arrangement, character, extent, width, grade and location
of all streets shall be considered in their relation to existing and
planned streets, to existing topography and natural features, to public
convenience and safety and in their appropriate relation to the proposed
uses of the land to be served by such streets.
B.
Relation to topography. Street layouts and grades shall be related
appropriately to the existing topography, and streets shall be arranged
to obtain as many as possible of the building sites at or above the
grades of the streets. Steep grades shall be avoided, as well as combinations
of steep grades and curves.
C.
Arrangement. Proposed streets shall be of sufficient width, suitably
located and adequately constructed to accommodate the prospective
traffic and to facilitate drainage and to afford access for firefighting,
snow removal and road maintenance equipment. Such streets shall be
coordinated so as to compose a convenient system and to cause no undue
hardship to adjoining properties.
D.
Arrangements. The arrangement of streets shall provide for the continuation
of principal streets between adjacent properties when such continuation
is necessary for convenient movement of traffic, effective fire protection
or efficient provision of utilities. If the adjacent property is undeveloped
and the street must be a dead-end street temporarily, the right-of-way
shall be extended to the property line. A temporary circular turnaround
shall be provided on all temporary dead-end streets, with the notation
on the plat that land outside the normal street right-of-way shall
revert to abutters whenever the street is continued.
E.
Intersections.
(1)
Street jogs with center-line offsets of less than 125 feet shall
not be permitted except with the approval of the Board.
(2)
Intersections of streets shall be at angles as close to 90° as
possible. Toward this end, an oblique street should be curved approaching
an intersection and should be approximately at right angles for at
least 100 feet therefrom. Where three or more streets intersect, a
turning circle or other special treatment may be required by the Board.
Wherever two streets intersect at an angle smaller than 75°, the
right-of-way returns and the relation of the gutter grades shall be
given special treatment, as determined by the Board, and islands to
channelize traffic may be required.
(3)
Intersections of major streets by other streets shall be at least
800 feet apart, if possible. Cross (four-cornered) street intersections
shall be avoided insofar as possible, except at important traffic
intersections. A distance at least equal to the minimum required lot
depth plus 25 feet shall be maintained between center lines of offset
intersecting streets. Grades shall be limited to no more than 2% within
50 feet of an intersection.
F.
Treatment along major arterial streets. Where a subdivision abuts
or contains an existing or proposed major arterial street, the Board
may require marginal access streets, reverse frontage with screen
planting contained in a nonaccess reservation along the rear property
line, deep lots with rear service alleys or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
G.
Dead-end streets.
(1)
Where a street does not extend to the boundary of the subdivision and its continuation is not required by the Board for access to adjoining property, its terminus shall normally not be nearer to such boundary than 100 feet or the minimum lot depth prescribed by Chapter 300, Zoning, of the Code of the Village of Old Brookville, whichever is greater. However, the Board shall require the reservation of a twenty-foot-wide easement to accommodate drainage facilities, pedestrian traffic or utilities.
(2)
For greater convenience to traffic and more effective police and
fire protection, permanent dead-end streets shall be limited in length
to 900 feet and shall be provided at the closed end with a turnaround
having an outside roadway diameter of at least 80 feet and a street
property line diameter of at least 100 feet. Where it is impossible
to subdivide a property except by a dead-end road which is longer
than 900 feet, the Board may permit a greater length, provided that
a divided roadway with center mall is constructed in a seventy-foot
right-of-way (or greater width, if required) in such a manner that
either side of the roadway could be used, in emergencies, for two-way
traffic.
H.
Design standards for streets. Streets shall meet the design standards
set forth below, and the Board shall determine the type of each street.
Standards do not cover major streets which would be built by the state
or county.
(2)
Grades.
(3)
Tangents. A tangent at least 100 feet in length shall be introduced
between reverse curves on all streets, except where a greater length
is required by the Board.
(4)
Curves. When the alignment of the street changes more than 10°,
the tangents shall be connected by a curve with a radius of not less
than 200 feet, unless a greater radius is required by the Board to
ensure a proper sight distance.
I.
Reserve strips. Reserve strips controlling access to streets shall
be prohibited except where their control is placed in the Village
under conditions approved by the Board.
J.
Property lines at intersections. Property lines at intersections
shall be established in such a manner as to place within the street
right-of-way the triangular area which is formed by the street lines
extended and a straight line adjoining points on said street lines
30 feet distant from their point of intersection.
K.
Street names. All streets shall be named, and such names shall be
approved by the Board. Names shall be sufficiently different in sound
and in spelling from other street names in the Village or adjoining
municipalities so as not to cause confusion. A street which is a continuation
of an existing street shall bear the same name. In general, street
names shall conform to the following classifications:
L.
Fences or gates. No fence or gate shall be erected on or across any street within a subdivision, regardless of whether such street is intended to be public or private. Notwithstanding, nothing herein shall be interpreted to prevent the erection or construction of a fence or gate wholly contained within an individual lot pursuant to the provisions of § 300-13 of Chapter 300, Zoning, or as otherwise provided for in § 300-13.
A.
Utilities. Easements across lots or centered on rear or side lot
lines shall be provided for utilities where necessary and shall be
at least 20 feet wide.
B.
Drainageway. Where a subdivision is traversed by a watercourse, channel
or drainageway, as defined herein, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose. The Board may require
parallel streets or parkways in connection with such drainageway.
A.
Length, width and shape. The length, width and shape of a block shall
be determined with due regard to:
(1)
Provision of adequate building sites suitable to the special needs
of the type of use contemplated.
(2)
Zoning requirements as to lot sizes and dimensions.
(3)
Needs for convenient access, circulation, control and safety of street
traffic.
(4)
Limitations and opportunities of topography and the objectives of
these regulations.
B.
Dimensions. Block dimensions shall be at least twice the minimum
lot depth and generally not more than 1,200 feet.
C.
Crosswalk. In long blocks, the Board may require the establishment
of easements or public ways through the block to accommodate utilities,
drainage facilities or pedestrian access to community facilities.
A.
General. The lot size, width, depth, shape and orientation and the
minimum building setback lines shall be appropriate for the location
of the subdivision and for the type of development and use contemplated.
B.
Dimensions and corner lots. Lot area and dimensions shall conform to the requirements of Chapter 300, Zoning, of the Code of the Village of Old Brookville and Health Department regulations. Corner lots for residential use shall have extra width to permit compliance with the front yard setback from both streets. Where lots are more than double the minimum area required by Chapter 300, Zoning, the Board may require that such lots shall be of such dimensions and arrangement as will allow further subdivision and the opening of future streets where necessary to serve potential lots, all in compliance with Chapter 300, Zoning, and these regulations.
C.
Arrangement and access.
(1)
The lot arrangement shall be such that there will be no foreseeable
difficulty, for reasons of topography or other conditions, in obtaining
building permits to build on all lots in compliance with applicable
regulations and in providing, by means of a street approved by the
Board and upon which each lot fronts, safe driveway access to buildings
on such lots from an improved street.
(2)
Access across a watercourse. Where a watercourse separates the buildable
area of a lot from the street by which it has access, provisions shall
be made for installation of a culvert or other structure of design
approved by the Engineer.
D.
Lot lines and setbacks. Side lot lines shall be substantially at
right angles to straight streets and radial to curved street lines.
Lot lines shall coincide with municipal boundary lines rather than
cross them. Setbacks shall be measured from the interior edge of any
conservation easement located on a lot along the perimeter of a lot,
and shall not be measured from the property line. Where extra width
has been dedicated for widening an existing street, lots shall begin
at such extra width line, and lot dimensions and setbacks shall be
measured from such line. The Board may, whenever it deems such lines
desirable or necessary, require the showing on the plat of specific
setback lines which may vary from lot to lot, provided that the front
setback shall be not less than the zoning requirement nor more than
20% greater than the zoning setback.
E.
Double frontage. Double-frontage lots, other than corner lots, shall be avoided except where deemed essential by the Board in order to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. An easement or reserve strip at least 20 feet in width and across which there shall be no right of access shall be provided along the line of lots abutting such traffic artery or other disadvantageous use, and such easement shall be planted and maintained as may be approved by the Board. Such easement or reserve strip may be included in and part of the conservation easement as set forth in § 245-16F of these regulations.
A.
Purpose. The Board of Trustees of the Village hereby finds that the
preservation of environmentally sensitive areas in their natural state;
the trees and existing vegetation; the significant natural topographic
and ecological features and the wildlife habitats within the Village
will benefit the general health, safety and welfare of the Village
and its present and future residents. It is therefore the purpose
of this section to enable and encourage the flexibility of design
and development of land in the Village in such a manner as to preserve
such natural, environmental and scenic qualities of open lands in
the Village.
B.
Modification of Zoning. Pursuant to the authority set forth in § 7-738 of the Village Law, the Board is hereby authorized, simultaneously with the review and approval of a subdivision plat, to approve and require, where appropriate, modification of the normally applicable zoning requirements regarding lot area and setbacks set forth in Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville, so as to permit lot averaging. Such authorization shall be granted and required only where the Board determines that such modification would benefit the Village by virtue of improved subdivision design, environmental protection, the protection of significant site features, better buffer screening, the natural and scenic qualities of open lands, and such other similar objectives and purposes of these regulations, Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville, and § 7-738 of the Village Law, subject to the limitations, procedures, conditions, criteria and requirements as are hereinafter set forth.
C.
Applicability. This authorization shall be applicable only to property
lying within the Village's Residence R-3A District.
D.
Standards and requirements.
(1)
The number of building lots or dwelling units which may be permitted by the Board on any subdivision proposed for lot averaging shall in no case exceed the number which could be permitted, in the Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 300, Zoning, of the Old Brookville Village Code applicable to the Residence R-3A Zoning District, conforming to the conservation easement requirements under § 245-16F of these regulations, and conforming to all provisions of the Village Code, these subdivision regulations, all local laws of the Village and all other applicable governmental or municipal requirements including the Nassau County Department of Health Regulations. In all cases, the basis for the Board's density determination shall be a conventional preliminary subdivision plat found acceptable by said Board, plus such other information as may be required by them.
(2)
Only single-family detached dwellings shall be permitted in a lot-averaged
plat. Other permitted accessory uses shall be the same as those otherwise
permitted in the Residence R-3A Zoning District.
(3)
No individual lot shall be less than two acres in net lot area as defined in Chapter 300, Zoning, of the Code of the Incorporated Village of Old Brookville.
(4)
Each lot-averaging subdivision plat shall indicate areas within which
structures and/or lots may be located; all minimum or maximum dimensional
requirements, as appropriate, the proposed height and spacing of buildings;
the locations of proposed open spaces; and, where appropriate, landscaping,
streets, driveways and off-street open or enclosed parking spaces;
plus any other such features as may be required by the Board.
(5)
All dimensional standards and requirements of the R-3A District shall
apply, except as modified by the Board pursuant to the foregoing authority.
(6)
The permanent preservation of all open space shall be legally assured
to the satisfaction of the Board by the filing of appropriate covenants,
deed restrictions, easements or other such legal agreements, in such
form as may be found acceptable by the Village Attorney.
E.
Procedure.
(1)
Each proposed lot-averaged subdivision application shall be accompanied
by a written statement specifically describing how it is intended
to accomplish the purposes as set forth in this section and a conventional
preliminary subdivision plat prepared to a sufficient level of detail
as determined necessary by the Board in order to allow them to make
the necessary density determination.
(2)
Lot-averaged subdivision applications shall be subject to review
and public hearing by the Board in accordance with the same procedures
otherwise applicable to conventional subdivision plats.
