By authority of Article 6-A of the Village Law,
as amended,[1] and the resolution adopted by the Village Board of the
Village of Old Field on May 23, 1964, pursuant thereto, the Planning
Board and Board of Trustees have adopted this chapter for the subdivision
of land within the Village of Old Field. (NOTE: These rules and regulations
shall not be construed to eliminate the necessity of conforming to
all applicable requirements of Village ordinances to the fullest extent
consistent herewith.)
[1]
Editor's Note: See now Article 7 of the Village
Law.
For the purposes set out in § 7-728
of the Village Law of the State of New York, of providing for the
future growth and development of the Village and affording adequate
facilities for the housing, transportation, distribution, comfort,
convenience, safety, health and welfare of its population, the Board
of Trustees of the Village of Old Field has authorized and empowered
the Planning Board to approve plats and the development of plats,
entirely or partially undeveloped, which have been filed in the Office
of the Clerk of Suffolk County prior to the appointment of the Planning
Board, and to assert the powers conferred by § 7-712, § 7-718,
§ 7-728, § 7-730 and § 7-732 and § 7-738
of the Village Law.
No person, firm or corporation proposing to
make or who shall have made a subdivision, as defined herein, within
the territorial limits of the Village of Old Field, as above provided,
shall make any contract for the sale of or shall offer to sell or
shall sell any part less than the whole thereof by single sale or
shall proceed with any development, as defined herein, until he or
it has obtained approval of the proposed subdivision and/or development
from the Planning Board of the Village of Old Field pursuant to the
procedure outlined in this chapter. In the case of lots created through
gift or donation of any part less than the whole, building permits
and/or certificates of occupancy will not be granted unless those
lots conform to these subdivision requirements.
A.
A lot, parcel or tract may be subdivided into two or more lots, each meeting the requirements of Chapter 121 of Village Code and the requirements of this chapter. (NOTE: Where several contiguous and adjacent parcels are accumulated and title is vested in single ownership, they shall be deemed to have merged into one lot, except that no parcel which is part of a previously approved subdivision shall be deemed to have merged so long as it continues to conform in all respects to the current zoning and subdivision regulations of the Village of Old Field.)
B.
Notwithstanding the above, such parcel shall not lose its status as conforming nor shall a merger occur solely because the parcel lacks two acres due to the application of § 95-9. In the event of a merger, the former lot lines or boundaries by which they were described shall not constitute acceptable boundaries on a subdivision of such lot where inconsistent with the requirements of Chapter 121 of Village Code or the requirements of this chapter. The Planning Board shall not waive any provisions of Village Code if the hardship for which such waivers are sought can be eliminated through the incorporation into the subdivision plat of additional adjacent land owned by the subdivider.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated:
The approval by the Board of a final plat subject to conditions
set forth by the 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 permits prior to
the signing of the plat by the Chairman of the Board and recording
of the plat in the office of Clerk of Suffolk County as herein provided.
The signing of a plat in final form by the Chairman of the
Board pursuant to a Board resolution granting final approval to the
plat or after conditions specified in a resolution granting conditional
approval of the plat are completed. Such final approval qualifies
the plat for recording in the Office of the Clerk of Suffolk County.
The approval of the layout of the proposed subdivision as
set forth in the preliminary plat but subject to the approval of the
plat in final form in accordance with the provisions of this chapter.
A bank or cliff with a height at least 10 feet above mean
high water mark and a precipitous or rounded face exceeding a one-to-one
slope and adjoining a beach or a body of water. The seaward limit
of a bluff is the landward limit of its contiguous beach. Where no
beach is present, the seaward limit is mean low water. The landward
limit is 25 feet landward of the bluff's receding edge.
[Added 6-10-2003 by L.L. No. 4-2003]
The Planning Board of the Village of Old Field, Suffolk County,
New York.
The Comprehensive Plan made for the development of the Village
and adopted by the Board pursuant to § 7-722 of the Village
Law for purposes therein stated, including planned streets, parks,
public buildings, zoning districts and all other public features and
improvements that may provide for future growth and development of
the Village, including any part of such plan adopted separately and
any modification thereof.
The maps and engineering drawings required by this chapter
accompanying a subdivision plat and showing the specific location
and design of improvements to be installed in a subdivision in accordance
with the requirements of this chapter.
An engineer or suitably trained individual appointed or hired
by the Planning Board for the express purpose of assisting with the
appropriate development and subdivision of the land within the Village
of Old Field.
See "street, dead-end."
The act of building structures and/or installing site or
street improvements and any grading in connection therewith; also,
such structures, improvements and grading.
The lands required for the installation of storm sewers,
drainage ditches or drainage systems, including land required along
a stream or watercourse for protecting the channel and providing for
the flow of water therein, to safeguard the public against flood,
to protect the water supply and to prevent the flooding of highways,
roads and/or adjoining lands.
A grant by a property owner for another person's use of any
designated part of the property owner's property, for a specific purpose
or purposes.
The engineer appointed as Village Engineer by the Village
of Old Field or designated by the Board of Trustees of the Village
of Old Field to fulfill the duties and to have the powers given to
the Village Engineer under this chapter.
See "walkway."
A parcel of land of sufficient size for occupancy and use for one main building and accessory buildings, including open areas, in accordance with the requirements of Chapter 121 of the Village Code, as the same may, from time to time, be amended by the Board of Trustees thereof.
Three and one-half feet above mean sea level.
Zero elevation as determined by the National Geodetic Vertical
Datum (NGVD) of 1929. This datum shall be noted on all plats and all
elevations and contour lines shall be referenced to said datum.
The map established by the Village Board pursuant to § 7-724
of the Village Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law, and any amendments thereto
adopted by the Village Board pursuant to § 7-724 of the
Village Law or additions thereto resulting from the approval of the
subdivision plats by the Board and the subsequent filing of such plats
pursuant to § 7-732 of the Village Law.
The final map or drawing in which the subdivider's plan of
subdivision is presented to the Board for approval and which, if approved,
shall be submitted by the subdivider to the Clerk of Suffolk County
for recording in accordance with law. This drawing shall show all
modifications if any, required by the Board at the time of approval
of the preliminary plat, if such preliminary plat has been approved.
The preliminary drawing or drawings indicating the proposed
manner and/or layout of a subdivision to be submitted to the Board
for its consideration.
Those plats where 20% or more of the lots within the plats
are unimproved, unless existing conditions, such as poor drainage,
have prevented their development.
See "lot."
The distance between the property line, separating the lot from the abutting street or streets which give access thereto, and the building line, beyond which line a building may not extend, as provided in Chapter 121 of Village Code.
Consist of all bluffs, steep slopes, and very steep slopes.
For purposes of this chapter, all slope lands shall be determined
prior to any grading or excavation work.
[Added 6-10-2003 by L.L. No. 4-2003]
An area of land with a gradient of or greater than 15%, but
less than 25%, over a horizontal length of at least 25 feet and extending
for a horizontal width of at least 25 feet.
[Added 6-10-2003 by L.L. No. 4-2003]
A short street having one end opened to traffic and being
terminated at the other end by a vehicle turnaround.
The wearing or exposed surface of the street used or designed
to be used by vehicular traffic.
A planned extension to the major street network of the Village
of Old Field and as such is indicated on the Comprehensive Plan and
Official Map of the Village. It is intended that such streets eventually
will be maintained by the Village as public streets. All "planned
streets" are 60 feet wide.
An improved street owned privately by an individual, firm
or corporation or owned jointly by the property owners of the lots
abutting and including portions of said street. It is generally 50
feet wide.
A new street proposed by a subdivider and approved by the
Planning Board as the means of access to or frontage for lots within
a subdivision. (NOTE: "Proposed streets" must be 50 feet wide and
should be offered for dedication to the Village. Generally, their
construction is a prerequisite to the subdivision and development
of the parcel in which they are located.)
A strip of public land over which the public generally has
the right of access and movement or of private land devoted to movement
over which the public and abutting owners have the right of access,
air and light. In general, the paved surface of the "street" will
encompass less than half of the total width of the strip.
Specifications for street construction in the Village of
Old Field as most recently adopted and as required by § 7-730
of the Village Law.
The street right-of-way or distance between property lines
measured at right angles to the center line of the street.
Any person, firm, corporation, partnership or association
which lays out or proposes to lay out, for the purposes of sale or
development, any subdivision, as such terms are defined herein.
The division of any parcel of land into a number of lots,
blocks or sites, with or without streets or highways, for the purpose
of sale, transfer of ownership or development. The term "subdivision"
shall include any alteration of lot lines or dimensions of any lots
or sites shown on a plat previously approved and filed in the office
of the Clerk of Suffolk County.
A circular terminus at the closed end of a dead-end street
of such size and improvement to permit the turning around of private
or public vehicles, such as automobiles, school buses and fire-fighting
apparatus.
An area of land with a gradient of or greater than 25% over
a horizontal length of at least 25 feet and extending for a horizontal
width of at least 25 feet.
[Added 6-10-2003 by L.L. No. 4-2003]
The Incorporated Village of Old Field, Suffolk County, New
York.
The Board of Trustees of the Village of Old Field.
Code of the Village of Old Field.
The Village Law of the State of New York.
A narrow strip of land reserved and developed for use by
pedestrians, safely separated from vehicular traffic. Normally, a
"walkway" will be included within street boundaries, but separated
from the street pavement.
