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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
EASEMENT
Authorization by a property owner for use by another and
for a specified purpose of any designated part of his property.
LOT
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.
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.
PARTITION
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
STREET
Includes streets, roads, avenues, lanes or other rights-of-way.
SUBDIVIDER
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.
SUBDIVISION
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.
ZONING ORDINANCE
The officially adopted Zoning Ordinances of the Village,
together with any or all amendments thereto.
The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards:
A. General.
(1) 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.
(2) 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.
B. Location, width and improvement of streets.
(1) 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.
(2) Widths of rights-of-way. Streets shall have the following
widths, unless otherwise indicated on the Village Plan:
Right-of-Way Type
(feet)
|
Width
|
---|
Minor Street
|
50
|
Collector Street
|
60
|
Business Street
|
60
|
(3) Standards for street design.
STANDARDS FOR STREET DESIGN
|
---|
|
Street Classification
|
---|
Standard
|
Minor
|
Collector
|
Business
|
---|
Minimum right-of-way width (feet)
|
50
|
60
|
60
|
Minimum pavement width (feet)
|
34
|
40
|
40
|
Minimum radius of horizontal curves (feet)
|
150 (street intersection corners)
|
400
|
400
|
Minimum length of vertical curves (feet)
|
100 but not less than 20 feet for each 1% of
algebraic difference of grade
|
200 but not less than 30 feet for each 1% of
algebraic difference of grade
|
200
|
Minimum length of tangents between reverse curves
(feet)
|
100
|
100
|
200
|
Minimum Sight Distance (feet)
|
150
|
250
|
250
|
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
C. 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.
D. Lots.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
E. Reservation and easements.
(1) 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."
[Amended 6-16-1992 as L.L. No. 2-1992]
(2) 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."
(3) 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.
(4) 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.
(5) Ownership shall be clearly indicated on all reservations
for parks and playground purposes.
F. Preservation of existing features.
(1) 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.
(2) 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 final
plat.
(3) 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.