The Planning Board, in considering an application
for the subdivision of land, shall be guided by the following considerations
and standards, which standards shall be deemed to be the minimum requirements
for the convenience, health, safety and welfare of the village.
All reservations and easements shall be clearly
indicated on the final plat, along with appropriate notations indicating
the rights which exist with respect to each such reservation and/or
easement.
A. Park reservations.
(1) General standards. The Planning Board may require
that land be reserved within subdivisions for a park or parks suitably
located for playground or other recreational purposes. Each reservation
shall be of suitable size, dimensions, topography and general character
and shall have adequate street access for the particular purpose or
purposes envisioned by the Planning Board. The area shall be shown
and marked on the final plat as "Reserved for Park Purposes."
(2) Minimum size.
(a)
Areas for parks shall be of reasonable size
for neighborhood playgrounds or other recreational uses. In general,
not less than 10% of the area of the subdivision shall be set aside
for these purposes.
(b)
In general, sites reserved for park purposes
shall have an area of at least 5,000 square feet. The Planning Board
may require the location of such areas along the boundary of a subdivision
so that additional land may be added at such time as the adjacent
property is subdivided.
(3) Ownership of park area. The ownership of reservations
for park purposes shall be clearly indicated on the final plat and
established in a manner satisfactory to the Planning Board so as to
assure their proper future continuation and maintenance.
(4) Cash payment in lieu of reservation. Where the Planning
Board determines that a suitable park or parks of adequate size cannot
be properly located in a subdivision or where such a reservation is
otherwise not appropriate or practical, the Planning Board may require,
as a condition to approval of any such final plat, a payment to the
village in lieu of such park area, in an amount specified in the fee
schedule as adopted by the Board of Trustees.
B. Widening or realignment of existing streets. Where a subdivision borders an existing street which is narrower than the recommended right-of-way width as specified for such streets in these regulations or where a subdivision borders an existing street planned for widening or realignment in such a way as to require the use of some land in the subdivision, the Planning Board may require the final plat to show such areas which shall be marked "Reserved for Street Alignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of Chapter
248, Zoning.
C. Utility and drainage easements.
(1) 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 of at
least 20 feet in width shall be provided for such utilities or drainage
facilities across land outside the street rights-of-way and with satisfactory
access to the street. Drainage easements shall extend from the street
to the watercourse or other drainage facility and shall convey to
the holder of fee title of the street, the perpetual right to discharge
stormwater runoff from the street and the surrounding area onto and
over the affected premises by means of pipes, culverts or ditches
or a combination thereof, together with the right to enter said premises
for the purpose of making such installations and doing such maintenance
work as the holder of such fee title of the street may deem necessary
to adequately drain the street and the surrounding area.
(2) When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
must be secured in a form satisfactory to the Village Attorney and
suitable for recording in the office of the Nassau County Clerk.
D. Sight easements. Sight easements shall be provided
across all street corners, outside the street right-of-way, within
the triangular area formed by the nearest edges of street pavement
and a straight line between two points, each 75 feet back from the
theoretical intersection of the edges of such pavement prolonged.
The easements shall provide that the holder of fee title to the abutting
streets shall have the right to enter the easement area for the purpose
of clearing, pruning or regrading so as to maintain a clear line of
sight in either direction across such triangular area between an observer's
eye 3.5 feet above the pavement surface on one street and an object
one foot above the pavement surface on the other. The initial establishment
of clear sight lines within the sight easement area shall be the responsibility
of the subdivider.
E. Easements for pedestrian access. The Planning Board
may require, in order to facilitate pedestrian access from streets
to schools, parks or neighboring areas the reservation of perpetual
unobstructed easements of at least 10 feet in width for such purposes
and the construction of walkways thereon.
The subdivider may place restrictions on any of the land contained within the subdivision which are greater than those required by Chapter
248, Zoning. Such restrictions shall be indicated on the final plat.