[Adopted 8-27-1996 as part
of L.L. No. 11-1996]
A.
Purpose. To provide for the future growth and development
of the village and to afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of its population,
the Planning Board is authorized and empowered to approve preliminary and
final plats of subdivisions showing lots, plots, blocks or sites, or units,
with and without streets and highways, as provided in the Village Code.
B.
Authorization for review of previously filed plats. For
the same purposes and under the same conditions, the Planning Board shall
have power to approve the development of plats, entirely or partially undeveloped,
which were filed in the office of the Nassau County Clerk prior to the appointment
of such Planning Board, and to approve such plats. The term "undeveloped"
shall mean those plats where 20% or more of the lots within the plat are unimproved
unless existing conditions, such as poor drainage, have prevented their development.
C.
Filing of certificate. The Village Clerk shall file with
the Nassau County Clerk such certifications as may be appropriate with respect
to the jurisdiction and authority of the Planning Board.
D.
Definitions.
(1)
CONDITIONAL APPROVAL OF A FINAL PLAT
FINAL PLAT APPROVAL
PRELIMINARY PLAT APPROVAL
Where used in this section, the following terms shall
have the respective meanings set forth herein, except where the context shows
otherwise:
Approval by the Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving such
plat. Such conditional approval does not qualify a final plat for recording,
nor authorize issuance of any building permit prior to the signing of the
final plat by a duly authorized officer of the Planning Board and recording
of the final plat in the office of the Nassau County Clerk.
The signing of a plat in final form by a duly authorized officer
of the Planning Board pursuant to a Planning Board resolution granting final
approval to the plat or after conditions specified in a resolution granting
conditional approval of a final plat are completed. Such final approval qualifies
the plat for recording in the office of the Nassau County Clerk.
The approval of the layout of a proposed subdivision as shown in
a preliminary plat, but subject to the approval of the plat in final form
in accordance with the provisions of this article.
E.
Approval of preliminary plats.
(1)
Submission of preliminary plats. All plats shall be submitted
to the Planning Board for approval in final form; provided, however, that
where the Planning Board has been authorized to approve preliminary plats,
the applicant may submit, or the Planning Board may require that the applicant
submit, a preliminary plat for consideration. Such a preliminary plat shall
be clearly marked "preliminary plat" or "preliminary layout" and shall conform
to the requirements of this article.
(3)
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration has been
filed, or a notice of completion of a draft environmental impact statement
has been filed, in accordance with the provisions of the State Environmental
Quality Review Act.
(4)
Planning Board as lead agency; public hearing; notice;
decision.
(a)
The Planning Board shall hold a public hearing on the
preliminary plat within 62 days after the receipt of a complete preliminary
plat; provided, however, that the time within which the Planning Board shall
hold such public hearing shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review Act.
(b)
Notice of the hearing on the preliminary plat shall be
posted at the Village Hall and advertised at least once in the official newspaper
of the village at least 10 days before the date of the public hearing. Notice
of the hearing, in a form prescribed by the Planning Board, shall also be
given by the applicant, by certified mail, return receipt requested, at least
10 days before the date of the hearing, to the owners of all property in the
village which is within 200 feet of the subject property, addressed to such
owners as their names and addresses shall appear on the most recent village
assessment roll and to the Clerk of each adjoining municipality, any part
of which is within 200 feet of the property which is the subject of the proposed
subdivision.
(c)
The Planning Board shall conduct and conclude such hearing
in a reasonable manner and render its decision within a reasonable period
of time after the conclusion of the public hearing. The failure of the Planning
Board to render a decision within any particular period of time shall not
be equivalent to the approval of the preliminary plat.
(d)
The Planning Board's decision shall be issued by resolution,
in which the Planning Board may approve the application, with or without modifications,
or disapprove the application. If the application is approved with modifications,
or disapproved, the resolution of the Planning Board shall state the reasons
for such action. The approval or conditional approval of a preliminary plat
shall include such requirements as may be appropriate, as provided in Village
Law § 7-730.
(5)
Filing of decision on preliminary plat. Within five business
days after the adoption of a resolution granting approval of a preliminary
plat, such plat shall be certified by the Clerk of the Planning Board as having
been granted preliminary approval, and a copy of the plat and resolution shall
be filed in such Clerk's office. A copy of the resolution shall be mailed
to the applicant.
(6)
Revocation or expiration of preliminary plat approval.
Within six months after the date of approval of the preliminary plat, the
applicant or owner must submit the plat in final form. If the final plat is
not submitted within such six-month period, approval of the preliminary plat
shall be deemed to have expired and have been revoked, unless the Planning
Board shall adopt a resolution granting an extension of such period of time.
No such extension of time shall be granted for a period of time continuing
more than one year from the date of approval of the preliminary plat.
F.
Approval of final plats.
(2)
Final plats which are in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning Board
deems to be in substantial agreement with a preliminary plat approved pursuant
to this article, the Planning Board, by resolution, shall conditionally approve
such final plat, with or without modification, disapprove or grant final approval
and authorize the signing of such final plat, within a reasonable period of
time after such submission. The failure of the Planning Board to take such
action within such time shall not constitute an approval of the final plat.
(3)
Final plats where no preliminary plat is required. When
no preliminary plat is required to be submitted, a final plat shall not be
considered complete until a negative declaration has been filed or a notice
of completion of a draft environmental impact statement has been filed, in
accordance with the State Environmental Quality Review Act.
(4)
Final plats not in substantial agreement with preliminary
plats or when no preliminary plat is required to be submitted. When a final
plat is submitted which the Planning Board deems not to be in substantial
agreement with a preliminary plat previously approved for such property or
where no preliminary plat is required to be submitted and a final plat clearly
marked "final plat" is submitted conforming to the requirements of this chapter,
the following shall apply:
(a)
The Planning Board shall hold a public hearing on the
final plat within 62 days after the receipt of a complete final plat; provided,
however, that the time within which the Planning Board shall hold such public
hearing shall be coordinated with any hearings the Planning Board may schedule
pursuant to the State Environmental Quality Review Act.[3]
[3]
Editor's Note: See Environmental Conservation Law Article 8.
(b)
Notice of the hearing on the final plat shall be posted
at the Village Hall and advertised at least once in the official newspaper
of the village at least 10 days before the date of the public hearing. Notice
of the hearing, in a form prescribed by the Planning Board, shall also be
given by the applicant, by certified mail, return receipt requested, at least
10 days before the date of the hearing, to the owners of all property in the
village and which is within 200 feet of the subject property, addressed to
such owners as their names and addresses shall appear on the most recent village
assessment roll and to the Clerk of each adjoining municipality, any part
of which is within 200 feet of the property which is the subject of the proposed
subdivision.
(c)
The Planning Board shall conduct and conclude such hearing
in a reasonable manner and render its decision within a reasonable period
of time after the conclusion of the public hearing. The failure of the Planning
Board to render a decision within any particular period of time shall not
be equivalent to the approval of the final plat.
(d)
The Planning Board's decision shall be issued by resolution,
in which the Planning Board may approve the application, with or without modifications,
or disapprove the application. If the application is approved with modifications,
or disapproved, the resolution of the Planning Board shall state the reasons
for such action. The approval or conditional approval of a final plat shall
include such requirements as may be appropriate, as provided in Village Law
§ 7-730.
(5)
Approval and certification of final plats.
(a)
Certification of final plat. Within five business days
after the adoption of a resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Clerk of the Planning
Board as having been granted conditional or final approval, and a copy of
such resolution and plat shall be filed in such Clerk's office. A copy of
the resolution shall be mailed to the applicant. In the case of a conditionally
approved final plat, such resolution shall include a statement of the requirements
which, when completed, will authorize the signing thereof. Upon completion
of such requirements, the final plat shall be signed by a duly authorized
officer of the Planning Board, and a copy of such signed plat shall be filed
in the office of the Village Clerk.
(b)
Approval of final plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may permit the
plat to be subdivided and filed in two or more sections and may, in its resolution
granting conditional or final approval, state that such requirements as it
may deem necessary to ensure the orderly development of the plat be completed
before such sections may be signed by the duly authorized officer of the Planning
Board. Conditional or final approval of the sections of a final plat may be
granted concurrently with conditional or final approval of the entire plat,
subject to any requirements imposed by the Planning Board.
(c)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire 180 days after the adoption of the
resolution granting such approval, unless all requirements in such resolution
have been certified by the Planning Board as completed. The Planning Board
may extend by not more than 2 additional periods of 90 days each the time
in which a conditionally approved final plat must be submitted for signature,
where the Planning Board determines that such extension is warranted by the
particular circumstances.
G.
Notice to county planning agency. Where required by law,
the Clerk of the Planning Board shall cause all applications for approval
of preliminary and final plats to be referred to the Nassau County Planning
Commission.
H.
Expiration of approval. The signature of the duly authorized
officer of the Planning Board constituting final approval by the Planning
Board of a plat as provided in this article, or the approval by such Board
of the development of a plat or plats already filed in the office of the Nassau
County Clerk if such plats are entirely or partially undeveloped shall expire
62 days after the date of such approval unless within such sixty-two-day period
such plat or a section thereof shall have been duly filed in the office of
the Nassau County Clerk. In the event that only a section of such approved
plat shall be filed in the office of the Nassau County Clerk, within 30 days
of the filing of such section, the entire approved plat shall be filed in
the office of the Village Clerk of each village in which any portion of the
land described in the plat is situated. Such section shall encompass at least
10% of the total number of lots contained in the approved plat, and the approval
of the remaining sections of the approved plat shall expire unless said sections
are filed before the expiration of any exemption period to which such plat
may be entitled by law.
I.
Abandonment of subdivision. The owner of an approved
subdivision may abandon such subdivision by following the procedures prescribed
by law.
A.
BOARD
DATE OF SUBMISSION OF THE PLAT
FINAL PLAT
MAJOR ROAD
MINOR RESIDENTIAL ROAD or MINOR ROAD
PRELIMINARY LAYOUT or PRELIMINARY PLAT
PRINT
SECONDARY ROAD or FEEDER STREET
SUBDIVISION
Definitions. For the purpose of this section, certain
words used herein are defined as follows:
The Planning Board of the Village of Thomaston.
The date of the first public hearing at which the Board considers
the plat.
A drawing prepared in a manner pursuant to this article which shows
a proposed subdivision containing, in such additional detail as shall be required
pursuant to this chapter, all information required to be shown on a preliminary
plat and the modifications, if any, required by the Planning Board at the
time of approval of the preliminary plat if such preliminary plat has been
so approved.
One which provides or is officially planned to provide four or more
lanes for vehicular traffic.
One intended to serve primarily for the use of the occupants of the
residences fronting thereon.
A drawing prepared in a manner prescribed by this article showing
the layout of a proposed subdivision, including but not limited to road and
lot layout and approximate dimensions, key plan, topography and drainage,
all proposed facilities, including preliminary plans and profiles, at suitable
scale and in such detail as required pursuant to this article.
Any accurate reproduction of an original document on paper or similar
material.
One which is neither a major road nor a minor residential road. A
street or road upon which a multiple dwelling (constructed for occupancy by
more than two families) or business building is proposed to front, or under
the applicable zoning regulations is permitted to front, shall be considered
a secondary road.
The division of any parcel of land into a number of lots, blocks
or sites as specified in a rule or regulation, with or without streets or
highways, for the purposes of sale, transfer of ownership or development.
The term subdivision may include any alteration of lot lines or extensions
of any lot lines shown on a plat previously approved and filed in the office
of the Nassau County Clerk. Subdivisions may be defined and delineated as
either "major" or "minor," with the review procedures and criteria for each
set forth in the rules and regulations of the Planning Board if not otherwise
defined by law. For the purposes of this article, a parcel of land shall include
all adjoining land in common ownership, regardless of lot lines or tax lot
lines, and all such adjoining land shall be deemed to have merged into a single
parcel of land.
B.
Procedures.
(1)
The owner of the property proposed to be subdivided or
the agent of such owner authorized, in writing, shall present at the office
of the Board, upon forms provided by the Board, eight copies of the application
for the consideration of the preliminary layout, together with eight prints
of the preliminary layout, accompanied by the fee required by law. The Board
will notify the applicant of the date and time of the meeting of the Board
at which the application will be considered.
(2)
The preliminary layout, street profiles, drainage plan
and preliminary plat, and all procedure relating thereto, shall in all respects
comply with the provisions of the County Government Law of Nassau County,
the appropriate zoning regulations of the village[1] and all applicable regulations, except where variations therefrom
may be specifically authorized by the Board.
(3)
The owner or the owner's duly authorized representative
should be prepared to attend the designated meeting to discuss the preliminary
layout. Presentation of a preliminary layout shall not be deemed a submission
of the plat for approval. Nothing contained herein shall prohibit the submission
of the final plat in lieu of such preliminary layout.
(4)
Within 6 months after approval of the preliminary layout,
the owner or applicant shall present at the office of the Board, upon forms
provided by the Board, 10 copies of the application for consideration of the
final plat, the estimate of the cost of public improvements and utilities
and the consent of the mortgagee(s) to filing of the final plat, together
with a certificate of title of an approved title company in form satisfactory
to the Board and certifying record title in the name of the owner or applicant,
and also 10 prints of the final plat, accompanied by the fee required by law.
Said application shall be filed with the Board at least 20 days before a regular
meeting of the Board. The Board will then arrange for a public hearing at
a subsequent meeting of the Board. At least 10 days prior to the public hearing,
the applicant shall send notice of that public hearing, on forms supplied
by the Board, to the owners of all property within the village which is within
200 feet of the subject property, by certified mail, return receipt requested
(the addresses to be obtained from the last completed village tax roll), and
to the Clerk of each adjoining municipality, any part of which is within 200
feet of the property proposed to be subdivided. The applicant shall file with
the Board at least three business days prior to the public hearing an affidavit
executed by the applicant or the applicant's agent stating the name and address
of each person to whom notice was sent and the date when such notice was sent.
The return receipts shall be filed with the Board at least one business day
prior to the public hearing.
(5)
If required improvements and utilities have not been
completed to the satisfaction of the Board prior to final approval of the
plat, then and in that event, and before such final approval of the plat,
the applicant will be required to file with the Board an undertaking in an
amount determined by the Board and in accordance with a form supplied by the
Board, to secure to the village the actual construction and installation of
such improvements required by the Board on such final approval, no later than
a time fixed by the Board, and in accordance with the requirements of the
Board under these regulations. As to utilities required by the Board on such
final approval, the Board may, in its sole discretion, accept assurance, in
writing, from each public utility company whose facilities are proposed to
be installed. When such a writing is acceptable, it shall be addressed to
the Board and state in substance or effect that such public utility company
will make the installations necessary for the furnishing of its services within
the time therein specified satisfactory to the Board. There may also be included
in determining the amount of such undertaking the reasonable cost of inspection
of such improvements by the Board, the estimated cost for employing a watchman
to guard any stormwater drainage or storage basins required to be installed
by the Board, the cost of liability insurance, the estimated cost of installation
of necessary water supply facilities and the estimated cost of enforcement
of such undertaking in the event of default. Such undertaking shall be in
the form of a surety bond by a surety company licensed to do business in the
State of New York or such other form of security as the Board may determine.
(6)
After completion of the foregoing procedure to the satisfaction
of the Board and if the Board shall approve the final plat, the approval of
the Board shall be endorsed thereon, together with the date thereof, over
the signature of the Chair or an alternate designated by resolution of the
Board. Prior to such endorsement, the applicant shall file with the Board
five prints of the street profiles and drainage plan as approved by the Superintendent
of Public Works.
(7)
Within 90 days following the endorsement of final approval
by the Board, the final plat, together with one duplicate tracing, shall be
filed by the applicant with the County Clerk. Within such period of time,
three duplicate tracings of the final plat shall be presented by the applicant
at the office of the Board.
(8)
In the case of a subdivision of premises located outside
the Village of Thomaston and subject to the jurisdiction of the Board, the
signature of the Planning Board of the jurisdiction within which the property
is located must be endorsed on the final plat and a certified copy of the
approving resolution must be presented at the office of the Board before the
Board considers such plat.
(9)
An application for a waiver of filing requirements made
pursuant to § 334-a of the Real Property Law shall be accompanied
by the fee required by law.
C.
General requirements for subdivision of land. Each proposed
subdivision shall conform to the applicable zoning regulations[2] and to the Master Plan affecting the area.
(1)
Streets.
(a)
Street layout shall be in conformity with an advantageous
development of the area covered by the plat submitted and of the entire neighboring
area.
(b)
The arrangement of streets in a subdivision shall provide
for the continuation of streets in adjoining subdivisions or for their proper
projection when adjoining property has not been subdivided, so far as in the
judgment of the Board such continuations or projections are necessary for
fire protection, for the proper movement of traffic or for the construction
or extension, presently or when required, of needed utilities and public services
such as sewers, water and drainage facilities. Where streets are continued,
they shall be not less than 50 feet wide.
(c)
The width of street rights-of-way and paved areas shall
be in accordance with the improvement requirements of this article.
(d)
Cul-de-sac or dead-end streets shall be avoided. When
a cul-de-sac is permitted, it normally shall not exceed 350 feet in length
and shall be equipped with a turnaround roadway having a minimum radius of
40 feet for the curbline at the closed end. A dead-end street for the purpose
of future development of adjacent property may be permitted or required by
the Board. In such a case, a turnaround may be required by the Board.
(e)
Proposed streets shall be adjusted to the contour of
the land and to avoid streets of dangerous gradient. Curved alignment should
be used to secure economic location of streets where the terrain is steep.
(f)
In locating streets, consideration should be given to
possible underground or overhead crossings in connection with railroads, traffic
separation or major highways and parkways. Traffic distributing circles may
be required where needed.
(g)
Reservation of the title to any of the platted land or
of any land controlling access to streets or land otherwise reserved for public
use is prohibited.
(h)
Whenever a street abuts property to be subdivided and
is less than 50 feet in width, provision for the widening thereof may be required
as directed by the Board.
(i)
Within a block, street lines deflecting from each other
at any one point more than 10º shall be connected with a curve, the radius
of which shall be subject to approval by the Board.
(j)
Grades of all streets shall be the reasonable minimum
and unless warranted by extenuating circumstances shall not be less than 3/10
of 1% or more than 5% for major and secondary roads and not less than 3/10
of 1% nor more than 10% for minor roads. Gradients shall be used to facilitate
surface drainage to proper natural or artificial outlets. All changes in street
grades shall be connected by vertical curves, as approved by the Board. Such
vertical curves shall give a minimum sight distance of 1,000 feet on major
roads, 500 feet on secondary streets and 300 feet on minor residential roads.
(k)
The applicant, or the applicant's successor in interest,
will be required to install the facilities for the drainage of streets as
approved by the Board. Any recharge basins required by the Board shall be
constructed and completed, and any other drainage facilities required to be
installed on the plat shall be constructed and completed prior to the installation
of any other improvements on the plat. All such drainage structures shall
be maintained in good operating condition until such time as the bond is released.
(l)
Four-way street intersections shall be avoided, where
possible, with the exception of major highway crossings. Where streets intersect
one another, the angle of intersection shall be as near 90º as possible.
Curb radii at intersections where the interior angle is greater than 80º
shall be not less than 12 feet and, where the interior angle is less than
80º, larger curb radii shall be provided as determined by the Board and
property lines shall be established concentric thereto.
(m)
Minor or secondary street openings into a major road
shall be at least 500 feet apart.
(n)
The applicant, or the applicant's successor in interest,
will be required to install sidewalks, curbs and pavement on proposed streets
as well as curbs and sidewalks on existing streets which bound or intersect
the proposed subdivision, as approved by the Board. The applicant, or the
applicant's successor in interest, will also be required to install street
signs, property line monuments and driveway aprons.
(3)
Lots.
(a)
Ample space shall be provided for the erection of a garage
and the construction of a driveway on each lot. If garages are not to be built
prior to sale of lots, ample space shall be left to permit erection of a garage
and construction of a driveway in conformance with the requirements of the
applicable zoning regulations.[3]
(b)
Side lines of lots shall be perpendicular to street lines,
unless otherwise approved by the Board.
(c)
Lots shall not have ingress from or egress to a major
road but shall front on a secondary or a minor road, except where permitted
by the Board or where such ingress and/or egress is required by law. Unless
otherwise permitted by the Board, such secondary or minor roads shall be at
least 50 feet in width and shall provide for at least the following: 2 four-foot
sidewalk areas, a paved roadway of at least thirty-foot width, and 2 four-foot
strips adjoining the road. Where a proposed subdivision abuts public park
property, a secondary or minor road adjacent to the right-of-way abutting
such park may also be required by the Board. When required, such street adjacent
to a park shall be a minimum of at least 50 feet in width. In the case of
lots abutting a major road and fronting on a secondary or minor street, such
lots shall be at least 115 feet in depth, of which the 15 feet nearest the
major road shall be restricted for planting. The plat shall carry a note prohibiting
vehicular access from such lots to the major road, a declaration to that effect
shall be recorded by the owner in the office of the County Clerk, and the
deeds of these lots shall carry restrictions as may be approved by the Board.
(4)
Parks. Adequate, convenient and suitable areas for parks
or playgrounds, or other recreational uses, may be required in the discretion
of the Board. Such recreational area, if required, shall be a minimum of 3%
and a maximum of 5% of the entire holding.
(5)
Utilities. The Board may require the applicant to furnish
all necessary public utilities in and to the proposed subdivision. Water supply
and sewage disposal must be furnished in accordance with a plan approved by
the Nassau County Health Department.
(6)
Waterways. The applicant, or the applicant's successor
in interest, will be required to install bulkheading on proposed or existing
waterways or bodies of water as approved by the Board.
D.
The preliminary layout. The preliminary layout presented
to the Board shall show the following:
(1)
Street and lot layout covering the entire holding. Where
the subdivision is to be divided into sections for the purpose of submitting
final plats, the preliminary layout shall show the boundaries of each section,
and each such section shall bear a number indicating numerically the order
in which the applicant proposes to submit for approval the plats covering
such sections. Unless otherwise approved by the Board, the order of submission
of final plats shall follow the sequence of the section numbering.
(2)
The scale of the drawing shall be 10 feet to the inch.
(3)
Topographic character of the land by means of contours
of existing surface with intervals not to exceed two feet. Where the terrain
is unusually flat or unusually steep, the Board may require a small contour
interval or permit a greater contour interval. The topography shall be drawn
from an actual field survey certified by a licensed land surveyor. Contours
shall be extended to cover an area 200 feet beyond the boundaries of the parcel
to be subdivided.
(4)
The proposed subdivision name or identifying title and
the names of the incorporated village or unincorporated community, town and
county in which the subdivision is located, in whole or in part.
(5)
The name and address of the record owner.
(6)
The name, signature, license number and seal of the licensed
land surveyor.
(7)
The Tax Map description according to the Nassau County
Tax Map.
(8)
The name, branch and postal code of United States Post
Office(s) which will serve the proposed subdivision.
(9)
The true or accurate magnetic North point and date taken.
(10)
The name and layout of all adjacent subdivisions, names
of owners of record of adjoining undeveloped properties and uses of adjacent
lands. This information shall be shown for the area extending 200 feet beyond
the boundaries of the proposed subdivision.
(12)
The location of property lines, school, fire and other
special district lines and municipal subdivision lines.
(13)
The location of existing buildings, watercourses, streams,
ponds, storm sewers, sanitary sewers, water mains, gas mains, parks and other
essential existing features, as well as easements, rights-of-way or other
encumbrances.
(14)
The approximate key elevations, directions of water flow
and rate of grade on all proposed streets.
(15)
The established and existing elevations on existing streets.
(16)
The proposed provisions for collecting and disposing
of stormwater.
(17)
The names, widths and proposed widening of existing streets
located within the area to be subdivided or in the area extending 200 feet
beyond the boundaries of the proposed subdivision. On existing streets, the
location and type of sidewalk, curb and pavement shall be shown. Required
widening of county roads will be done as may be required by the Nassau County
Department of Public Works.
(18)
The location of streets, public ways or any other features
shown on the Official Map.
(19)
The names of all proposed streets, which names shall
be the same as the names of the streets of which they are continuations or,
if not continuations, shall not be similar to the names of streets within
the same fire district or within the area served by the same Fire Department.
(20)
All parcels of land proposed to be dedicated for public
use, such as parks, playgrounds, recharge basins, etc.
(21)
The approximate distances to the nearest schools and
firehouses serving the proposed subdivision.
(22)
The boundaries of proposed easements over, under or through
private property. Permanent easements shall be not less than 10 feet in width
and shall provide satisfactory access to an existing public highway or other
public open space shown on the layout.
(23)
The proposed lot lines with approximate dimensions. The
proposed location of the dwelling and garage to be erected shall be shown
on each lot.
(24)
The boundary description.
(25)
A key map at scale of 500 feet to the inch.
(26)
The total number of acres and total number of lots in
the proposed subdivision.
E.
The plat. Each subdivision plat presented to the Board
shall show the following:
(1)
Street and lot layout. The original shall be clearly
and legibly drawn in India ink upon tracing cloth or otherwise as may be permitted
by the Board. The size of the sheets shall be not greater than 36 inches by
48 inches. The drawing shall be at a scale not more than 40 feet to the inch.
When more than 1 sheet is required, an additional key sheet 36 inches by 48
inches shall be filed showing upon a reduced scale the entire subdivision
on 1 sheet with lot and block numbers.
(2)
Sufficient data to enable any surveyor to determine readily
the location of every street line, lot line and boundary line and to reproduce
such lines upon the ground. This data shall be made by a licensed land surveyor
and tied in, where possible, with reference points previously established
by a public authority or by a licensed land surveyor.
(3)
The length and bearing of all straight lines and the
radius, length and central angle of all curves. All linear dimensions shall
be shown in feet and decimals of a foot. All angular dimensions shall be shown
in degrees, minutes and seconds of arc.
(4)
Proper designation thereon of all public open spaces
for which deeds of cession are to be given and those spaces, title to which
is reserved to the applicant or any other person or entity. For any of the
latter there shall be submitted with the final subdivision plat copies of
agreements or other documents showing the manner in which such areas are to
be maintained and the provisions made therefor.
(6)
The lot and block numbers in accordance with the Nassau
County Land and Tax Map.
(7)
Permanent reference monuments shown thus: FONT DINGBATS@char(113)ENDF.
Monuments shall be set at all points required by the Board.
(8)
The title of the proposed subdivision and the location
of the proposed subdivision.
(9)
North arrow. The north direction shall be at the top
of the map or within 20º east or west thereof.
(10)
The location of village, town, city, school district
and other special district lines.
(11)
The proposed widening of existing streets.
(12)
Approval of street grades and drainage by the Village
Department of Public Works and the County Department of Public Works.
(13)
Approval of water supply and sewage disposal by the State
or Nassau County Health Department.
(14)
A key map at a scale of 500 feet to the inch.
(15)
A typical cross section of the proposed streets showing
general specifications for the public improvements.
(16)
A note signed by the owner stating the following: "The
lands shown on this map as roads, streets, highways, or for the widening thereof,
and also easements for the installation of sewers or drainage as indicated,
and also land indicated as dedicated for other public use, are hereby irrevocably
offered for dedication to the municipality having jurisdiction thereof."
(17)
A note signed by the applicants surveyor stating the
following: "The land shown on this map lies wholly within the limits of the
Village of Thomaston and not within 300 feet of the boundary of any city or
other incorporated village." The note shall be appropriately amended when
the foregoing statement does not accurately describe the location of the plat.
(18)
Certification by a licensed land surveyor.
F.
Improvement requirements.
(1)
Street rights-of-way shall be in accordance with Nassau
County Department of Public Works specifications.
(2)
Street cross sections shall be in accordance with Nassau
County Department of Public Works specifications.
(a)
Where the right-of-way is 50 feet, there shall be at
least 30 feet between the curblines.
(b)
Where the right-of-way is 54 feet, there shall be at
least 34 feet between the curblines.
(c)
Where the right-of-way is 80 feet or wider, the minimum
width between the curblines shall be as determined by the Board.
(d)
The required width of pavement shall be the distance
between curblines, unless otherwise approved by the Board. Sidewalks shall
be four feet in width and in residential areas shall be placed two feet outside
the property line. The placing of any street trees, shrubbery or retaining
walls within the right-of-way is not permitted.
(3)
Grading.
(a)
All grading of streets shall be in accordance with grades
approved by the Village Department of Public Works.
(b)
All streets shall be graded between property lines to
conform to the established cross section and to provide for required pavements,
drainage, utilities, sidewalks and driveway aprons. All driveway aprons shall
be constructed to meet the appropriate grade.
(4)
Utilities. All gas and water mains required by the Board
shall be installed in accordance with the specifications of the utility company
or municipal authority or district serving the area.
(5)
Storm and sanitary sewers.
(a)
All storm and sanitary sewers shall be constructed in
accordance with the specifications of the Village and the Nassau County Department
of Public Works and any involved water pollution control district.
(b)
Stormwater drainage or storage basins.
[1]
Permits. No construction of any stormwater drainage or
storage basins required by the Board's approval of a subdivision plat shall
be commenced without first notifying the Village Superintendent of Public
Works when such work is to begin and permission, in writing, is given by the
Superintendent of Public Works to the applicant to begin such work.
[2]
Fences. No excavation for the pit in such a stormwater
drainage or storage basin shall be made unless and until there shall be constructed
a permanent fence entirely surrounding the proposed excavation, built in accordance
with the specifications of the Nassau County Department of Public Works and
with a permit as may be required by law.
[3]
Safety. On and after the time of the commencement of
the excavation for the pit on the site of the stormwater drainage or storage
basin and until such time as the village or the County of Nassau shall have
accepted title to the plot on which it is located, the applicant or the applicant's
agent shall:
[a]
Employ a guard or such number of them as shall be necessary
to protect the public against injury and who shall be maintained at such site
at all times when work is being performed on the site.
[b]
At all other times keep all entrances or means of ingress
or egress in the fence closed and securely locked.
[4]
Liability insurance. No permit shall be issued by the
village to commence work on such a stormwater drainage or storage basin unless
there shall be filed by the applicant in the Village Clerk's office a public
liability insurance policy insuring the village and the applicant covering
the operation of such stormwater drainage or storage basin with combined single
limits of $3,000,000, such insurance to remain in force until the performance
bond has been discharged, the form and manner of execution of such policy
of insurance to bear the approval of the Village Attorney.
[5]
Pending and incomplete construction.
[a]
These regulations in Subsection F(5)(b)[1], [2], [3] and [4] shall apply to all stormwater drainage and storage basins shown on plats for the subdivision of land which have been approved by the Board prior to the effective date hereof, except that if the performance bond for the installation of the improvements has been discharged, only Subsection F(5)(b)[3] shall continue in force and effect.
[b]
Wherever there shall exist at the time of the effective
date of these regulations any excavations for a stormwater drainage or storage
basin shown on a plat for the subdivision of land approved by the Board, the
following additional regulations shall apply:
[c]
The applicant shall file with the Village Clerk within 15 days the public liability insurance policy required in Subsection F(5)(b)[4].
[d]
No further excavation shall be made until the permit
to resume work shall have been issued by the village.
[e]
If the stormwater drainage or storage basin has not been completely surrounded by a fence and the performance bond furnished to the village for the installation of the improvements has not been discharged, the applicant or the applicant's successor in interest shall immediately employ a guard or such number of them as shall be necessary to protect the public against injury, and who shall be maintained at such site from 7:00 a.m. to two hours after sundown daily, unless a fence completely surrounding such excavation shall have been erected and constructed in accordance with the specifications of the village; or proceed to install the fence required in Subsection F(5)(b)[2] above.
(6)
Monuments. Monuments shall be of reinforced concrete
or stone and shall be 4 inches square with a length of at least 36 inches
and shall be embedded the full depth.
(7)
Street signs. Street signs shall be placed at all intersections
and shall be constructed as follows, except where expressly permitted otherwise
by the Board:
(a)
Standard. Wooden four-by-four pressure-treated post,
10 feet in length, embedded in concrete, 7 feet above grade, finished at top
with galvanized post cap.
(b)
Sign. Aluminum, 12-gauge, 4 1/2 inches in width
by a length of between 19 inches and 30 inches, securely fastened to an aluminum
L-shaped bracket (approved by the Superintendent of Public Works) fastened
to the post with two-inch galvanized lag bolts. The sign shall be of durable
scotch-lite reflectorized material (or approved equivalent). The color of
the sign shall be brown background with white letters at least 2 inches in
height.
(8)
Bulkheading. Bulkheading shall be constructed in accordance
with the specifications of the Nassau County Department of Public Works and
other agencies with jurisdiction.
(9)
Inspection. The village will employ inspectors to assure
the satisfactory completion of improvements and utilities required by the
Board. If the applicant elects to install such improvements and utilities
before the final approval of the plat, the applicant shall notify the village,
in writing, and an inspector will be assigned thereto. If a bond is to be
given to ensure completion of such improvements, the village will assign an
inspector to assure such satisfactory completion after final approval of the
plat. The applicant shall pay to the village the cost of such inspections.
The reasonable cost of such inspection is hereby determined to be 5% for the
first $10,000 and 3% of the amount in excess of $10,000 of the cost of the
required public improvements and utilities, or of their estimated cost, as
established by the Board, when not installed prior to final approval. In such
latter event, the inspection cost shall be included in the amount of the bond
as required by this article.
(10)
Variances of regulations.
(a)
The Board may vary, subject to appropriate conditions,
such requirements of these regulations as, in its judgment of the special
circumstances and conditions relating to a particular plat, are not requisite
in the interest of public health, safety and general welfare. When making
its determination as to the improvements to be required, the Board shall take
into consideration the prospective character of the development and the allowed
density of population under the applicable zoning regulations. However, the
Board shall not have authority to vary any requirement for a public hearing
and shall not have authority to vary any requirement of the village zoning
regulations.[6]
(b)
The Board shall also hear and decide all matters upon
which it is required to pass under these regulations.
(11)
Specifications.
(a)
All street paving, gutter slabs, sidewalks and driveway
aprons shall be constructed in accordance with the specifications for subdivisions
as are prepared by the Nassau County Department of Public Works as in effect
at the time of final approval of the plat. Detailed specifications are on
file in the office of the Board and of the Department of Public Works.
(b)
Curb specifications. Curbs shall be 18 inches in depth
with 5 inches extending above the water line and 6 inches in width at the
top expanding to a width of 7 inches at the water line and continuing at a
width to the bottom. The curb shall be constructed of concrete with a one-to-two-to-four
mix.
G.
Additional rules and regulations. The Planning Board
may adopt such additional rules and regulations as it may deem advisable with
respect to matters within its jurisdiction, provided that no such rules or
regulations shall be inconsistent with this article.
