A.
Character of land. Land of such character that it
cannot be used without danger to health or peril from fire, flood
or other menace shall not be subdivided for residential purposes nor
for such other uses as may increase danger to health, life or property
or aggravate a flood hazard.
B.
Conformity to Official Map and Village Plan. Subdivisions
shall conform to the Official Map of the Village and shall be in harmony
with such portions of the Village Plan as may be in existence from
time to time.
C.
Preliminary subdivision plat approval; stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) shall be required for preliminary subdivision plat approval. The SWPPP shall meet all performance and design criteria and standards in Chapter 67 of this Code. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 67 of this Code.
[Added 11-3-2010 by L.L. No. 4-2010]
D.
Final subdivision plat approval; stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet all performance and design criteria and standards in Chapter 67 of this Code. The approved final subdivision plat shall be consistent with the provisions of Chapter 67 of this Code.
[Added 11-3-2010 by L.L. No. 4-2010]
A.
Width, location and construction. Streets shall conform
to Village Road and Drainage Standards as to width and construction,
shall be suitably located to accommodate the prospective traffic and
to afford access for fire-fighting, snow-removing and 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.
B.
Arrangement. The arrangement of streets in the subdivision
shall provide for the continuation of principal streets of adjoining
subdivisions and for proper projection of principal streets into adjoining
properties which are not yet subdivided, in order to make possible
necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and public services such as sewers, water mains and drainage facilities,
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above requirements may be modified.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along arterial streets. Where a
subdivision abuts or contains an existing or proposed arterial street,
the Board may require reverse frontage with screen planting contained
in a nonaccess reservation along the rear property line, deep lots
with rear access or such other treatment as may be necessary for adequate
protection of residential properties and to afford separation of through
and local traffic.
E.
Provision for future subdivision. Where a tract is
subdivided into lots substantially larger than the minimum size required
in the zoning district in which a subdivision is located, the Board
may require that streets and lots be laid out so as to permit future
subdivision in accordance with the requirements contained in this
chapter.
F.
Reserve strips. Reserve strips or parcels of land
controlling or prohibiting access to a street shall be prohibited.
G.
Dead-end streets. The creation of dead-end or loop
residential streets shall be encouraged whenever the Board finds that
such type of development will not interfere with normal traffic circulation
in the area, provided that interior parks are covered by appropriate
covenants as to maintenance. In the case of dead-end streets, where
needed or desirable, the Board may require the reservation of a twenty-foot-wide
easement to provide for continuation of pedestrian traffic and utilities
to the next street. Subdivisions containing 50 lots or more shall
have at least two street connections with streets existing on the
Official Map and open to traffic.
H.
Intersections with major roads. Minor or secondary
street openings into a major road shall, in general, be at least 500
feet apart.
I.
Street jogs. Street jogs with center-line offsets
of less than one 125 feet shall not be permitted except with the approval
of the Planning Board.
J.
Block design. The design of blocks shall be determined
with due regard to preserving the semirural character of the Village.
Curvilinear block patterns shall be encouraged, and due consideration
in design shall be given to limitations and opportunities offered
by topography, scenic views and other natural features. Blocks shall
not be excessively long thereby causing unnecessarily circuitous travel
on the streets. In long blocks, the Planning Board may require the
reservation of a twenty-foot-wide easement through the block to provide
for the crossing of underground utilities and pedestrian traffic where
needed or desirable. In general, no block shall be less than 200 feet
in width nor more than 1,200 feet in length.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property, and all streets shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
streets.
L.
Angle of intersection. Except where impracticable,
all streets shall join each other so that for a distance of at least
100 feet the street is approximately at right angles to the street
it joins.
M.
Four cornered intersections. Cross (four-cornered)
street intersections shall be avoided except where absolutely necessary
and with the approval of the Planning Board.
A.
Widths of right-of-way. Streets shall have a minimum
width of 50 feet unless otherwise indicated on the Village Plan.
B.
Improvements. Streets shall be graded and improved
with pavement (conforming to Village road specifications), gutters,
storm sewers or other drainage facilities and water mains, street
trees, street signs, fire alarm signal devices and fire hydrants or
fire wells, except where waivers may be requested, and the Planning
Board may waive, subject to appropriate conditions, such improvements
as it considers may be omitted without jeopardy to the public health,
safety and general welfare. Such grading and improvements shall be
approved as to design and specifications by the Village Engineer.
C.
Utilities. The Planning Board may require or approve
the location of utilities either in the street right-of-way between
the paved roadway and street line or along rear property lines. All
utilities shall be underground, including transformers and junction
boxes.
D.
Utility easement. Where utilities are not to be placed
within street lines, perpetual unobstructed easements with satisfactory
access to the street shall be provided in accordance with the specifications
of the utility company or public authority having jurisdiction in
the area. Where possible, easements shall be continuous from block
to block and shall present as few irregularities as possible.
E.
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 1% nor more than 10% for
minor streets in residential zones.
F.
Curve radius. All street intersection corners shall
be rounded by curves of at least a thirty-foot radius. At curves,
the inner street radius at the street line shall be 100 feet or more,
depending upon the character of the street.
G.
Dead-end and loop streets. Where dead-end streets
are designed to be so permanently, they should, in general, not exceed
400 feet in length and shall terminate in a circular turnabout having
a minimum radius of 50 feet.
H.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provisions shall be made for access to all lots
by means of culverts or other structures of design approved by the
Village Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way in no case less than 20 feet in
width.
A.
Type of name. All streets shown on a preliminary layout
or subdivision plat shall be named. Streets shall have names and not
numbers or letters (such as 1st, First or A Street).
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names in the Village of North Haven,
except that streets that join or are in alignment with streets of
abutting or neighboring property shall bear the same name.
C.
Street signs. Street signs, approved by the Planning
Board as to material, design and location, shall be installed at all
street intersections.
D.
Design standards. All subdivision maps, whether standard
design or cluster design, shall arrange lots and open space so as
to preserve intact wooded areas, protect natural features (e.g., bluffs,
trees, kettle holes, swales, slopes, wetlands and all other physical
features which in the Planning Board's view are significant), locate
new residential lots in a layout consistent with the enhancement of
existing neighbors and adjacent areas, protect and preserve existing
street viewsheds and vistas, establish buffers adjacent wetlands,
watercourses, ponds and streams and protect slopes of 20% or greater.
[Added 11-5-2001 by L.L. No. 2-2001]
A.
Lots to be buildable.
(2)
Lots shall not be of unreasonable depth, encouraging
the later creation of a second building lot at the rear.
(3)
Where possible, lots shall be staggered or otherwise
arranged so as to maximize the opportunities afforded by scenic views
or other natural features.
(4)
The standard subdivision design shall exclude the
following listed areas from consideration as areas contributing to
total lot area.
[Added 3-7-1988 by L.L. No. 1-1988]
(a)
Existing water surfaces.
(b)
Marshes, bogs, swamps and other areas of high
water table which cannot be normally built upon without excessive
fill as may be determined by the Planning Board.
(c)
Tidal wetlands or freshwater wetlands of any
size as defined in state regulations (excluding minimum area requirements).
[Added 11-5-2001 by L.L. No. 2-2001]
(d)
Any portion of a lot which is seaward of a bluff
or dune line or consists of a beach, which is all that land lying
between a body of fresh or salt water and the base of the a bluff
or dune. In cases where there is no bluff or dune present, the beach
shall be all that land between the body of water and the naturally
occurring beach grass or upland vegetation, whichever is more landward.
[Added 11-5-2001 by L.L. No. 2-2001]
(e)
That portion of a lot which lies in, on or under
any street, right-of-way, common driveway easement or access easement.
[Added 11-5-2001 by L.L. No. 2-2001]
(f)
That portion of a lot which is burdened by a
private easement prohibiting the erection of buildings.
[Added 11-5-2001 by L.L. No. 2-2001]
(g)
That portion of a lot that is the access strip
(or "flagpole") from a flag lot.
[Added 11-5-2001 by L.L. No. 2-2001]
(h)
Horizontal areas of slopes which exceed a grade
of 20%.
[Added 11-5-2001 by L.L. No. 2-2001]
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines
unless a waiver or modification of this rule will give a better street
or lot plan.
C.
Corner lots. Corner lots shall have extra width to
permit appropriate orientation to both streets, and any structure
placed thereon shall conform to the building setback line of each
street.
D.
Driveway access. Where practicable, lots shall be
so laid out that the driveways have access to that street abutting
the subdivision which carries or is intended to carry the lesser amount
of traffic.
E.
Sewage disposal and water supply. Lots to be served
by septic tanks shall be large enough to contain sufficient land of
proper character to permit satisfactory performance of septic tank
disposal fields, in full compliance with the regulations of the Suffolk
County Department of Health. Where lots are to be served by septic
tanks and where no public water supply is provided, lot size shall
be such as to conform to the area requirements established by the
Suffolk County Department of Health in respect to subdivided plots
served by septic tanks and private wells.
F.
Frontage on private streets. Frontage on private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with this chapter.
G.
Flag lots.
[Added 4-3-1990 by L.L. No. 1-1990]
(1)
Flag lots, as defined in § 146-3, shall equal in lot area not less than 150% of the minimum lot area requirement in the district in which the lot is located, the lot area including the flag access from a public or private street, and in numbers shall in no event exceed 25% of the total number of lots in any subdivision or resubdivision of land excepting a two-lot subdivision, in which event the percentage shall be 50%. In no event shall the access area or narrowest portion of a flag lot provide access to any side perimeter of the interior portion of the lot except the side perimeter of the lot closest to the street from which said flag takes access.
(2)
The provisions of the foregoing shall not apply to
any subdivision application which received preliminary approval on
or before July 1, 1989, and which is pending as of the effective date
of this provision.
(3)
The Planning Board shall have the authority to waive the limit of 25% under Subsection G(1) above whenever, in their judgment of the special circumstances of a particular subdivision, limiting the number of flag lots is not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other local or state laws.
[Added 7-5-2000 by L.L. No. 5-2000]
A.
Parks, beaches and marinas shown on Village Plan.
Where a proposed park, beach, marina or other public use shown on
the Village Plan is located in whole or in part in a subdivision,
the Board may require the dedication or reservation of such area within
the subdivision in those cases in which the Board deems such requirements
to be reasonable.
B.
Parks and/or beaches not shown on Village Plan. The
Planning Board shall require the dedication or reservation of sites
of a character, extent and location suitable to the requirements created
by such development for parks and/or beaches of 10% of the gross area
of the subdivision. The Planning Board shall give due credit for the
provision of open spaces reserved for the common use of all property
owners within the proposed subdivision by covenants in the deeds.
Generally, the minimum area of the contiguous open spaces acceptable
in fulfillment of this requirement, whether for private or public
use, shall be at least three acres. Open spaces with a lesser area
may be approved by the Planning Board whenever it deems that the difference
between the area offered and the area deemed acceptable may be made
up in connection with the future subdivision of adjacent land.
C.
Substitution of payments in lieu of land dedication
for parks.
(1)
In cases where, due to size, topography or location
of the subdivision, the Planning Board finds that a suitable park
or parks cannot be properly located in any such plat or is otherwise
not practical, the Planning Board shall require as a condition to
approval of any such plat a payment to the Village of a sum to be
determined by the Board of Trustees, which sum shall constitute a
trust fund known as the "Village Recreation Site Acquisition and Improvement
Fund," to be used by the Board of Trustees exclusively for neighborhood
parks, playgrounds or for recreational purposes, including acquisition
of land.
(2)
The amount required to be paid to the Village by the
subdivider in lieu of land dedication for parks will be determined
by the Board of Trustees. The basis for this fee will be the fair
market value of the total gross area of the subdivision as unimproved
land. The fair market value will exclude the current market value
of the gross area of lots upon which are situated dwellings which
are in existence at the time the subdivision application is made.
(3)
The fair market value shall be determined by the Village
Trustees in consultation with a licensed real estate broker retained
by the Village. The fee for the appraisal shall be paid in advance
to the Village. No part of the appraisal fee will be refundable.
(4)
The basis for the amount to be paid to the Village
in lieu of park land shall be 5% of the appraised fair market value.
The park fee will be paid to the Village after final approval but
prior to the endorsement by the officers of the Planning Board.
D.
Sites for other public uses. The Board may also require
a subdivider to set aside such areas as it may deem to be required
for specific public uses other than parks. Upon failure of the proper
authorities to purchase such site within one year after the date of
the approval of the plat, the subdivider, upon application to the
Board and approval of such application, shall be relieved of the responsibility
of reserving such land for public purposes.
E.
Land adjacent to waterfront. In the subdivision of
lands adjoining the waters of Noyac Bay, Shelter Island Sound, Sag
Harbor Cove or any natural or man-made connecting body of water, the
Board may require the filing of covenants or granting of easements
permitting residents of the subdivision access to specific sections
of water frontage and use thereof for bathing or mooring of boats.
F.
Preservation of natural features. The Planning Board
may require the preservation of all natural features which add value
to residential developments and to the community, such as large trees
or groves, watercourses and ponds, beaches, historic sites and similar
irreplaceable assets.
[Amended 9-1-1992 by L.L. No. 2-1992]
G.
Calculation of park area. In no event shall land area excluded from lot area under §§ 146-15 and 163-26(A)(3) be included in the gross area of a subdivision for calculation of and identification of the 10% dedication of park area.
[Added 11-5-2001 by L.L. No. 2-2001]
H.
Calculation of yield. The Planning Board shall in
all events exclude from the determination of the number of lots allowed
in a subdivision the area which is either dedicated to park area or
reserved for park area, and in no event shall area required for park
dedication be included as an area contributing to total lot yield.
[Added 11-5-2001 by L.L. No. 2-2001]
I.
Mandatory preservation of open space. Whenever the
gross lot area of a proposed subdivision equals or exceeds 15 acres,
the application shall include a cluster plan in addition to a standard
subdivision plan. The standard subdivision plan shall be used to calculate
yield for the cluster plan, and the cluster plan shall provide for
the preservation of open space equal to at least 50% of the gross
lot area. The arrangement of the location of the lots and open space
in a cluster plan shall be beneficial to both the potential subdivision
residents and the public at large, and special consideration shall
be extended the preservation of existing public vistas and viewsheds
along public streets. Use of a cluster plan is mandatory on all applications
for total gross lot area equaling or exceeding 15 acres.
[Added 11-5-2001 by L.L. No. 2-2001]
A.
Installation to be underground; exceptions.
(1)
Electric, telephone, television and other signal cables
and wires shall be installed underground, except that this requirement
may be waived by the Planning Board at the written request of the
applicant in cases where the Board shall determine that the installation
of underground cables and wires will result in practical difficulty
or hardship. In making such determination, the Planning Board shall
take into account the following:
(2)
The Board may grant full or partial waiver of this
requirement and in approving such waiver shall alternatively require
the installation of electric, telephone, television and other signal
cables or wires on poles or may require a combination of underground
or overhead service.
B.
Underground cables and wires shall be placed in the
street right-of-way between the paved roadway and the street line
to simplify location and repair of service when required or in other
locations as required by the Planning Board.
C.
The Planning Board, in granting full or partial waiver,
shall require that the installation of electric, telephone, television
and other signal cables on poles shall be made along rear property
lines as conditions warrant.
A.
Location of fire wells, holding tanks and fire hydrants
shall be recommended for the Planning Board's approval by the Fire
Department having jurisdiction.
[Amended 10-5-1987 by L.L. No. 6-1987]
B.
Fire wells and holding tanks shall be provided, wherever
practicable, in all subdivisions where a public water supply is not
provided and shall be installed to comply with the guidelines and
specifications which are in effect at the time of subdivision approval
by the Fire Department having jurisdiction.
[Amended 10-5-1987 by L.L. No. 6-1987]
C.
Fire hydrants shall be installed in accordance with
the requirements of the water authority or company having jurisdiction.
