[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 97 of the 1968 Code of the Village of Lindenhurst. Sections 163-3, 163-4, 163-5A(2), 163-5B(2)(d) and (f) and 163-6A, D and E, 163-7A, 163-8E(1) and 163-9B(1) amended and § 163-5A(3)(e) added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
These rules and regulations shall be known and may be cited as the "Land Subdivision Regulations of the Village of Lindenhurst."
The purpose of these rules and regulations shall be to prepare rules, regulations and standards to guide land subdivision of the Village of Lindenhurst in order to promote the public health, safety, convenience and general welfare of the municipality. It should be administered to ensure orderly growth and development; the conservation, protection and proper use of land; and adequate provisions for circulation, utility and service.
The provisions of these rules and regulations shall be administered by the Village of Lindenhurst Planning Board, in accordance with § 7-732 of the Village Law of the State of New York.
As used in these regulations, the following terms shall have the meanings indicated:
- BUSINESS STREET
- A street which serves or is designed to serve as access to abutting business property.
- COLLECTOR STREET
- A street which serves or is designed to serve as a route connecting different parts of the village and is so designated on village development plans.
- DEAD-END STREET
- A street or portion of a street with only one vehicle outlet.
- Authorization by a property owner for use by another and for a specified purpose of any designated part of his property.
- A parcel or portion of land separated from other portions by description as on a subdivision or record of survey map or by metes and bounds, for the purpose of sale, lease or separate use.
- MAJOR SUBDIVISION
- All subdivisions not classified as partitions.
- MASTER PLAN OR VILLAGE PLAN
- The comprehensive plan for development of the village prepared by the Planning Board pursuant to Village Law and which includes the general location recommended for various public works and for the general physical development of the village, including any such plan separately adopted and any amendment to such plan and parts thereof.
- MINOR STREET
- A street intended to serve primarily as access to abutting residential properties.
- OFFICIAL MAP
- The map established under the Village Law which shows streets, highways and sections heretofore laid out, adopted and established by law.
- Any division of property containing not more than two lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting development of the remainder of parcels or adjoining properties and not in conflict with any provisions or portions of the Zoning Ordinance or these rules and regulations or any Master Plan or Official Map, now or hereafter adopted.
- PERFORMANCE GUARANTY
- Any security which may be accepted in lieu of the requirements that certain improvements be made before the Planning Board or other approved body approves a plat, including performance bonds, escrow agreements and other similar surety agreements.
- PRELIMINARY LAYOUT
- The preliminary map indicates the proposed layout of the subdivision, which is submitted to the Planning Board for consideration and tentative approval and meeting the requirements of § 163-9 of these rules and regulations.
- Includes streets, roads, avenues, lanes or other rights-of-way.
- Any person, firm, corporation, partnership or association who shall lay out for the purpose of sale or development any subdivision or part thereof, as defined herein, either for himself or others.
- The division of a lot, tract or parcel of land into three or more
lots, sites or other divisions of land for the purpose, whether immediate
or future, of sale or building developments. "Subdivision" includes resubdivision.[Amended 10-30-1979 by L.L. No. 9-1979]
- SUBDIVISION PLAT
- The final map or drawing on which the applicant's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording.
Submission of preliminary layout for classification.
Any owner of land within the Village of Lindenhurst shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Secretary of the Planning Board, at least two weeks prior to the regular meeting of the Board, a preliminary layout of the proposed subdivision for purposes of classification and preliminary discussion.
Approval. A conveyance between two contiguous properties which shall result in the conveyance of a parcel measuring less than 100 feet by 100 feet with the result of the creation of a legal building lot shall be considered a partition, provided that no substandard parcels are created by the conveyance, the parcel which receives the transferred property shall thenceforth be considered a single parcel and, further, provided that the conveyance is considered to be in furtherance of the public's health, safety and welfare.
[Amended 10-30-1979 by L.L. No. 9-1979]
Before the Secretary of the Planning Board returns any approved preliminary layout to the subdivider, the Secretary shall request the subdivider to provide sufficient copies to furnish one copy each to the following:
Either a deed description or plat map, drawn in compliance with the applicable statutes, shall be filed by the subdivider with the county recording officer within 90 days from the date of return of every preliminary layout classified as a partition.
Discussion of requirements. Before preparing the preliminary layout, the applicant may discuss with the Planning Board, or its representative, the requirements for reservations of land, street improvements, drainage, sewerage, water, fire protection and similar aspects, as well as the availability of existing services. The applicant should also discuss the preliminary layout with the Suffolk County Health Department, whose approval is required by these regulations and which must eventually approve any subdivision plat coming within its jurisdiction.
Procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary layout. The application shall:
Be made on forms available at the office of the Building Inspector.
Include all land the applicant proposes to subdivide.
Be accompanied by three copies of the preliminary layout, as described in § 163-5A of these regulations.
Be presented to the Chairman of the Planning Board.
Be accompanied by a fee of $100, plus $50 for each building plot in excess of one for which approval is requested. For a partition, the application shall be accompanied by a fee of $100. There shall be an additional fee paid prior to the granting of any permissions granted by the Board, which fee shall represent the reasonable and necessary expenses (surveying, engineering, legal and other services) incurred in the processing of the application. (4-25-1978 by L.L. No. 2-1978)
Applicant to attend Planning Board meeting. The applicant shall attend the next regular meeting of the Planning Board to discuss the preliminary layout.
Study of preliminary layout. The Planning Board will carefully study the practicability of the preliminary layout, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, relation to topography, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Village Plan.
Required changes for tentative approval. After discussion of the preliminary layout, the Planning Board will advise the applicant, in writing, of the specific changes it will require in the layout and the character and extent of required improvements and reservations it will require as a prerequisite to the approval of the subdivision plat. This shall constitute tentative approval of the preliminary layout.
Application procedure. Within six months of the tentative approval of the preliminary layout, the applicant shall file with the Planning Board an application for approval of a subdivision plat. The application shall:
[Amended 6-16-1992 by L.L. No. 2-1992]
Be made on forms provided by the Planning Board at the time of approval of the preliminary layout.
Include the entire subdivision or section thereof which derives access from a street on the Official Map, which street is improved to village standards or for which street a bond covering such improvements is held by the village.
Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in § 163-9B of these regulations.
Comply in all respects with the preliminary layout as tentatively approved.
Be presented to the Chairman of the Planning Board at least three weeks prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required notice given.
Official submittal date. The subdivision plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion of the application procedure outlined herein.
Eligibility for endorsement of County Health Department. The proposed subdivision plot shall be eligible for endorsement by the Suffolk County Health Department as meeting the applicable standards of the county, or other applicable health code, before any public hearing is scheduled.
[Amended 2-1-2005 by L.L. No. 2-2005]
Public hearing. Before the Planning Board acts on any subdivision plat, it shall hold a public hearing thereon, in accordance with § 7-730 of the Village Law.
[Amended 6-16-1992 by L.L. No. 2-1992]
Action on proposed subdivision plat. After careful study, the Planning Board may, within 60 days from the official submittal date of the subdivision plat, approve, modify or disapprove such plat. The grounds for disapproval of any plat shall be stated on the records of the Planning Board. A subdivision plat shall not be signed by the authorized officers of the Planning Board until the applicant has met all of the conditions of the action granting approval of such plat.
[Amended 6-16-1992 by L.L. No. 2-1992]
No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
Signing of plat. Every subdivision plat submitted to the Board for its approval shall carry the following endorsement:
Approved by resolution of the Planning Board of the Village of Lindenhurst, New York, on the _____ day of _________________ 19_____, subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of this plat, as approved, shall void this approval.
In the absence of the Chairman or Secretary, the Acting Chairman or Acting Secretary, respectively, may sign in his place.
Improvements and performance bond. Prior to an action by the Planning Board approving a subdivision plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate village departments, all streets and improvements specified in the action approving said plat or, as an alternative, to file with the Village Board a bond in an amount estimated by the Planning Board to secure to the village the satisfactory construction and installation of the incompleted portion of the required improvements. A period of one year, or such other period as the Planning Board may determine appropriate, within which required improvements must be completed, shall be specified by the Planning Board and expressed in the bond. Such performance bond shall comply with the requirements of the Village Law and shall be satisfactory to the Village Board as to form, sufficiency and manner of execution. The bond shall provide that an amount determined adequate by the Planning Board shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition. All required improvements shall be made by the applicant at his expense, without reimbursement by the village or any district therein.
Inspection of improvements. The village shall employ an inspector to act as agent of the Planning Board for the purposes of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the village costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
Public utilities. As to utilities required by the Planning Board, the Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved construction detail sheets.
Monuments. Permanent monuments shall be set at block corners and at intervals of approximately 500 feet, or such other distance as the Planning Board may determine appropriate, and their location shall be shown on the subdivision plat. Wooden stakes or iron pipes shall not be considered permanent monuments for the purposes of these regulations.
Offers of cessions and releases. The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of cession to the village shall be presented prior to plat approval. Formal offers of cession to the village of all streets and parks not marked on the plat, with notation to the effect that such cession will not be offered, shall be filed with the Planning Board prior to plat approval.
Filing of approved subdivision plat. Upon completion of all requirements set forth in the action approving the subdivision plat, the plat shall be properly signed by the appropriate officers of the Planning Board and shall be filed by the applicant in the office of the County Clerk of Suffolk County. Any subdivision plat not so filed within 90 days of the date of Planning Board signature shall become null and void.
Resubdivision. For a resubdivision, the same rules and regulations apply as for a subdivision.
Public streets, parks and playground areas. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the village of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.
The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards:
Character of the land. The 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 or other menace.
Conformity to Official Map and Village Plan. 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 is developed.
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 to 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.
Widths of rights-of-way. Streets shall have the following widths, unless otherwise indicated on the Village Plan:
Standards for street design.
Block size. Within any zoning district, block dimensions shall be at least twice the minimum lot depth and generally not more than 12 times the minimum lot width. In long blocks, the Planning Board may require the reservation through the block of a twenty-foot-wide easement to accommodate utilities or pedestrian traffic.
Intersections. Intersection 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 of at least 150 feet shall be maintained between offset intersections. Within 40 feet of an intersection, streets shall be approximately at right angles, and grades shall not exceed one and one-half percent (1 1/2%). All street-intersection corners shall be rounded by curves of at least 25 feet in radius at the property line. Within triangular areas formed by the intersecting street lines, for a distance of 50 feet from their intersection and the diagonals connecting the end points of these lines, nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility.
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 prevention, efficient provision of utilities and particularly where such continuation is in accordance with the Village Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround having an outside roadway diameter of at least 100 feet and a street property line diameter of at least 120 feet 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 the abutting property owners whenever the street is continued. The Planning Board may limit temporary dead-end streets to a length not more than double the permitted length of permanent dead-end streets.
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 of 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 having an outside roadway diameter of at least 100 feet and a street property line diameter of at least 120 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 be limited in length to six times the minimum lot width for the zoning district.
Street names. All streets shall be named, and such names shall be subject to the approval of the Planning Board. 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.
Improvements. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, storm drains and fire hydrants, except where waivers may be requested, 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. The applicant shall install underground service connections to the property line of each lot before the street is paved. Such grading and improvements shall conform to the village's minimum road specifications and shall be approved as to design and specifications by the village's Engineer or post a performance bond sufficient to ensure the satisfactory completion of such improvements.
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 in providing access to buildings on such lots from an approved street.
Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for the installation of a culvert or other structure, of design approved by the village's Engineer.
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.
Side lot lines shall be at right angles to the street lines unless a waiver of this rule shall be granted by the Planning Board on the basis of a better street or lot plan.
Lots shall not, in general, derive access exclusively from a major street. Where driveway access from a major 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 street.
Reservation and easements.
The Planning Board may require adequate, convenient and suitable areas for parks and playgrounds or other recreational purposes to be reserved on the plat. The area shall be shown and marked on the plat, "Reserved for Park or Playground Purposes."
Where the subdivision borders an existing street and the Official Map or Master Plan indicates plans for the realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown and marked on the plat, "Reserved for Street Realignment (or Widening) Purposes."
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.
The Planning Board, where it deems it necessary, 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. Easements shall be indicated on the plat.
Ownership shall be clearly indicated on all reservations for parks and playground purposes.
Preservation of existing features.
Existing features which would add value to residential development, such as large trees, watercourses, beaches and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious design of the subdivision.
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 or will avoid the imposition of unnecessary individual hardship.
Preliminary layout. Preliminary layouts submitted to the Planning Board shall be drawn to a convenient scale, not less than one inch equals 100 feet, and shall show the following information:
The location of the property with respect to surrounding property and streets. There shall also be included an area map at a scale of one inch equals 200 feet showing all streets and property without 1,000 feet of the applicant's property. All property held by the applicant in the area should be identified.
The location and approximate dimensions of all existing property lines, including the entire area proposed to be subdivided and the remainder of the tract owned by the subdividing owner.
All pertinent features, such as existing structures, streets, railroads, water bodies, streams, swamps and large trees, that may influence the design of the subdivision and topography at a contour interval of not more than five feet, unless waived by the Planning Board.
The location, width and approximate grade of all proposed streets. Approximate elevations shall be shown at the beginning and end of such street, at street intersections and at all points where there is a decided change in the slope or direction.
The approximate location and dimensions of all proposed or existing lots.
The approximate location and dimensions of all property proposed to be set aside for playground or park use.
The names of all adjoining property owners of record or the names of adjoining developments.
The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider, if other than the owner, and the name of the land surveyor.
The date and approximate true North point and scale.
The proposed provision of water supply, fire protection, disposal of sanitary waste, stormwater drainage, street trees, streetlighting fixtures, street signs and sidewalks.
Subdivision plats. Subdivision plats shall be accompanied by separate construction detail sheets, and both shall be submitted to the Planning Board for approval as follows:
Maps shall be on uniform size sheets in excess of thirty-six by forty-eight (36 x 48) inches. Whenever any project is of such size that more than one sheet is required, then an index map on the same size sheet shall accompany these sheets.
Plats shall show the following information:
The proposed subdivision name or identifying title, which shall not duplicate or too closely approximate that of any other development in the village.
The date, approximate true North point and scale.
The name, address and signature of the owner, subdivider and licensed engineer or land surveyor.
The names of owners of record of abutting properties or developments.
The locations, names and widths of existing streets, highways and easements, building lines, parks and other public properties.
The locations and widths of all streets and sidewalks, together with the names of streets, and the location, dimensions and status of all easements proposed by the subdivider.
Lot areas, in square feet.
Lot lines, with accurate dimensions and bearings of angles.
Sufficient data to determine readily the location, bearing and length of all lines and to reproduce such lines upon the ground.
The radii of all curves and the length of the area.
The location, material and approximate size of all monuments.
The accurate outline of all property which is offered or to be offered for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the subdivision.
Construction detail sheets shall show the following information, except that, where requirements have been waived, applicable specifications may be omitted:
Profiles showing existing and proposed elevations along the center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets, within 100 feet of the intersection, shall be shown. All elevations must be referred to established United States Government or approved local bench marks, where they exist within one-half (1/2) mile of the boundary of the subdivision.
Plans and profiles showing the location and a typical section of street pavements, including curbs and gutters, sidewalks, manholes and catch basins; the locations of street trees, streetlighting standards and street signs; the locations, size and invert elevations of existing and proposed stormwater drains and fire hydrants; and the exact location and size of all water, gas or other underground utilities or structures. All plans shall conform to the village minimum road specifications and shall be subject to the approval of the village's Engineer.