[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. 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.
[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:
A street which serves or is designed to serve as access to
abutting business property.
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.
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.
All subdivisions not classified as partitions.
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.
A street intended to serve primarily as access to abutting
residential properties.
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[1] 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]
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.
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]
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.
The officially adopted Zoning Ordinances of the Village,
together with any or all amendments thereto.[2]
A.
Submission of preliminary layout for classification.
(1)
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.
(2)
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; 6-16-1992 as L.L. No. 2-1992]
(3)
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:
(4)
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.
B.
Preliminary layout.
(1)
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.
(2)
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:
(a)
Be made on forms available at the office of
the Building Inspector.
(b)
Include all land the applicant proposes to subdivide.
(c)
Be accompanied by three copies of the preliminary layout, as described in § 163-5A of these regulations.
(d)
Comply in all respects with these regulations.
[Amended 6-16-1992 as L.L. No. 2-1992]
(e)
Be presented to the Chairman of the Planning
Board.
(f)
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.
[Amended 4-25-1978 by L.L. No. 2-1978; 6-16-1992 as L.L. No. 2-1992]
(3)
Applicant to attend Planning Board meeting. The applicant
shall attend the next regular meeting of the Planning Board to discuss
the preliminary layout.
(4)
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.
(5)
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.
A.
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]
(1)
Be made on forms provided by the Planning Board at
the time of approval of the preliminary layout.
(2)
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.
(3)
Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in § 163-9B of these regulations.
(4)
Comply in all respects with the preliminary layout
as tentatively approved.
(5)
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.
B.
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.
C.
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]
D.
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]
E.
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]
F.
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.
G.
Signing of plat. Every subdivision plat submitted
to the Board for its approval shall carry the following endorsement:
(1)
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.
|
Signed this _____ day of __________________
20_____
| |
|
By:
|
Chairman
|
|
Secretary
| |
(2)
In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary, respectively, may sign in his place.
A.
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 incomplete 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.
[Amended 6-16-1992 as L.L. No. 2-1992]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Resubdivision. For a resubdivision, the same rules
and regulations apply as for a subdivision.
H.
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:
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[1] 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.[2] 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.
(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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The approximate location and dimensions of all proposed
or existing lots.
(6)
The approximate location and dimensions of all property
proposed to be set aside for playground or park use.
(7)
The names of all adjoining property owners of record
or the names of adjoining developments.
(8)
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.
(9)
The date and approximate true North point and scale.
(10)
The proposed provision of water supply, fire protection,
disposal of sanitary waste, stormwater drainage, street trees, streetlighting
fixtures, street signs and sidewalks.
B.
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:
(1)
The subdivision plat and construction detail sheets
shall be clearly and legibly drawn on Mylar or its equivalent with
black waterproof ink, with a scale of one inch equals 50 feet.
[Amended 6-16-1992 as L.L. No. 2-1992]
(2)
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.
(3)
Plats shall show the following information:
(a)
The proposed subdivision name or identifying
title, which shall not duplicate or too closely approximate that of
any other development in the Village.
(b)
The date, approximate true North point and scale.
(c)
The name, address and signature of the owner,
subdivider and licensed engineer or land surveyor.
(d)
The names of owners of record of abutting properties
or developments.
(e)
The locations, names and widths of existing
streets, highways and easements, building lines, parks and other public
properties.
(f)
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.
(g)
Lot areas, in square feet.
(h)
Lot lines, with accurate dimensions and bearings
of angles.
(i)
Sufficient data to determine readily the location,
bearing and length of all lines and to reproduce such lines upon the
ground.
(j)
The radii of all curves and the length of the
area.
(k)
The location, material and approximate size
of all monuments.
(l)
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.
(4)
Construction detail sheets shall show the following
information, except that, where requirements have been waived, applicable
specifications may be omitted:
(a)
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.
(b)
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[1] and shall be subject to the approval of the Village's
Engineer.
