A.
The proposed land uses shown on a plat, whether they
are for residential, business, industrial or any other land use, shall
conform to the Comprehensive Plan and the planning objectives on which
it is based, as well as to the requirements of the Zoning Code.[1]
B.
Park requirements in residential plats.
(1)
Each residential plat shall have a park site consisting
of not less than five acres for each 100 dwelling units indicated
on the plat, suitably located for playground or other recreation and
open space purposes, including passive recreational uses, provided
that the Planning Board makes a finding that a proper case exists
for requiring such park site.
(2)
The Planning Board may require the subdivider to grade
such park site in a manner appropriate for its projected use and compatible
with its surroundings.
(3)
Where such park site incorporates a unique natural
feature or a landmark, the subdivider shall be responsible for the
protection of such feature or landmark from any destructive action
during the course of the plat development.
(4)
In cases where the Planning Board makes a finding pursuant to Subsection B(1) above that the proposed subdivision plat presents a proper case for requiring a park, but the Planning Board determines that a suitable park site of adequate size cannot be properly located within the plat, in whole or in part, the subdivider shall be required to pay a park fee equal in amount to the fair market value at the time of the subdivision procedure of the land area that would otherwise be required for a park site. All such payments shall be held by the Village in a special Park and Recreation Site Acquisition and Improvement Trust Fund to be used exclusively either for the acquisition of sites that are properly located for neighborhood park, playground or recreation purposes or for the physical improvement of such sites.
(5)
Determination of park fee.[2]
(a)
In determining the amount of the park fee required under Subsection B(4) above, the Planning Board shall multiply the fair market value per acre by the number of lots by the five-percent park requirement.
(b)
In determining the fair market value, the Planning
Board shall obtain an appraisal of the raw land value of the subject
parcel at the time of application for final plat approval. Said appraisal
shall be prepared by an independent land appraiser licensed by the
State of New York. The cost of said appraisal shall be assessed to
the subdivider, with the fee being paid prior to final approval of
the plat. The subdivider shall be given an opportunity to review the
appraisal and must provide the Planning Board with written acceptance
of the same. If the subdivider rejects the first appraisal, the Planning
Board shall obtain a second appraisal, also at the cost of the subdivider,
which, if accepted by the subdivider, shall be averaged with the first
appraisal. If the subdivider rejects the second appraisal, the subdivider
must obtain the third appraisal, which shall be averaged with the
first two appraisals.
(6)
No park fee will be required for conservation opportunity
subdivisions or planned residential subdivisions as described in this
chapter.
C.
The arrangement of streets, building lots and other
land uses shall be of such character that they can be used safely
without danger to health or peril from fire, flood, unstable soil
conditions or other menace.
D.
Subdivision designs shall indicate consideration for
suitable separation and protection of different types of land uses,
including highways.
A.
Streets, highways and common access shall be of sufficient
width and suitable grade and shall be suitably located to accommodate
the prospective traffic, to facilitate fire protection and to comprise
a convenient system. Streets, highways and common access shall be
properly related to the Comprehensive Plan.
B.
Local streets, lanes and common access shall be laid
out so that their use for through traffic will be discouraged. Particular
attention should be given to eliminating possible bypasses around
traffic signals and major intersections unless such systems are specifically
designed to promote safety at a given location by unifying internal
access efficiencies between two or more parcels and land uses.
C.
Collector streets shall be provided to give easy access
to and between local streets. In general, each A-type local street
shall have at least one intersection with a collector street.
D.
Cul-de-sac.
(1)
The use of cul-de-sac streets in a subdivision layout
shall be minimized unless they are found to be well-conceived elements
of a planned residential development plan.
(2)
The minimum radius for the right-of-way at the turnaround
shall be 60 feet, and the curb radius shall be 48 feet and the pavement
shall be extended to the curb. The Planning Board may require the
central area of the cul-de-sac to be planted or to retain natural
plant material when it is found to be acceptable by the Board.
E.
Intersections.
(1)
No more than two streets shall intersect or meet at
any one point.
(2)
Streets shall intersect one another at an angle of
90°, where practicable.
(3)
Intersections along collector or local streets shall
be spaced at least 150 feet apart, measured from the points of intersection
of the center lines.
(4)
Intersections along a highway and certain collector
streets so designated by the Planning Board shall be spaced at least
800 feet apart, measured from the points of intersection of the center
lines, where practicable.
(5)
Adequate sight distance shall be required at all intersections.
F.
Horizontal alignment.
(1)
The recommended minimum center-line radius for a street
curve shall be 200 feet on a local street and 400 feet on a collector
street.
(2)
A tangent distance of at least 50 feet shall be provided
between reverse curves.
(3)
The minimum radius at a corner shall be 25 feet at
the property line, except that a larger radius shall be provided at
major intersections.
G.
Vertical alignment.
(1)
All street gradients shall conform as much as possible
to the natural terrain, minimizing excessive cuts and fills.
(2)
Minimum road gradients shall be 0.50%.
(3)
Maximum road gradients shall be 6%.
(4)
Gradients approaching intersections shall not exceed
2.50%, commencing at a point at least 50 feet from the nearest intersecting
right-of-way line measured along the center line of the road. Intersections
of roads and curbs having minimum gradients shall be detailed sufficiently
to ensure proper surface drainage.
(5)
Gutter line gradients of culs-de-sac shall be a minimum
of 0.50%.
(6)
The formula L = KA shall be used in the design of
street profiles where L, the length in feet of a vertical curve, shall
be related to the algebraic difference (A) in percent of grade and
a constant (K) equaling 28 for minor streets and lanes and 50 for
collector streets. This formula shall be used for both sag and crest
vertical curves.
(7)
Where there are changes in grade of 1.0% or more,
they shall be connected by a vertical curve.
All stormwaters shall be recharged into the
subsurface groundwater reservoir, and no system will be allowed which
directly discharges such waters into any surface water area or into
a fresh or salt marsh or off site.
B.
Where a subdivision abuts a highway or in the case
of certain collector streets designated by the Planning Board, the
streets and lots shall be laid out so that there is no direct access
from the lots to such highway or collector street. The lots shall
either back on such highway or collector street, front on an interior
street or front on a marginal road.
(1)
In the case of reversed lots, a limited-access easement
across the rear of the lot shall prohibit ingress to or egress from
the lot to the highway or collector street, and the subdivider shall
provide fencing and/or screen plantings as required by the Planning
Board where acceptable natural woodland cover does not exist.
(2)
In the case of a marginal road, the subdivider shall
construct said road.
C.
Block dimensions.
(1)
The maximum length shall be 1,600 feet. The minimum
length shall be 400 feet.
(2)
The width shall relate to the zoning district requirements
and shall provide for two tiers of lots, if practicable.
(3)
In the case of planned residential development, the
aforementioned dimensions may be varied at the discretion of the Planning
Board.
D.
Special attention shall be given to corner lots to
ensure sufficient size for front yards on each street, one rear yard
and one side yard and leaving adequate building area for an average
house.
E.
Flag lots. The Planning Board may permit a limited
number of flag lots in a residential subdivision plat, provided that
they are well shaped, they are generally larger than the usual lots,
their accessway is essentially straight and not excessive in length
and their arrangement will not create traffic difficulties on the
street system and would not be a means to circumvent a standard lot
and street arrangement which might otherwise result in a generally
better platting of the subdivision and adjacent lands.
(1)
A flag lot shall contain at least 1 1/2 times
the lot area of the applicable zoning district in which it is situated,
within the bulk of the lot, exclusive of the area contained in the
flagpole access strip.
[Amended 1-19-2016 by L.L. No. 1-2016]
(2)
In allowing flag lot arrangements in subdivisions,
the Planning Board may require either a formal private lane or common
access driveway to service such lots and may require that such lanes
or common access driveways be made part of the improvements to be
undertaken and made part of a performance bond.
(3)
The Planning Board may adopt further policies or regulations
to assure compliance with these requirements, including design and
legal specifications for the creation of lanes and common access driveways
over such flag lot arrangements.
A.
Subdivision design shall preserve and protect, insofar
as possible, natural terrain features such as tidal and freshwater
wetlands, beaches, dune lands, steep slopes, bluffs, prime agricultural
soils, unique vegetation and animal habitat, floodplains, watercourses,
primary sources of groundwater and natural drainage patterns.
B.
All surface waters and wetlands are deemed to be important
for the physical and mental well-being of its residents and resort
visitors and for the perpetuation of desirable animal and plant species
and therefore shall be protected from siltation caused by construction
or regrading of perimeter properties, from the influence of induced
nitrification caused by fertilization of such perimeter properties
and from any other form of probable degradation which might be caused
by adjacent land development and use. For the purpose of such protection,
the Planning Board may require, as part of its approval of subdivision
maps, the dedication of perimeter parkland or easements or covenants
to accomplish such protection. Parkland buffer areas or easements
shall be dedicated essentially in a natural condition, leaving the
movement of silts and fertilizers. For this purpose, 100 feet shall
be the minimum width considered for such natural area buffers as measured
from the upland edge of the wetland boundary.
(1)
To the maximum extent practicable, existing wetlands
shall be preserved in their natural state within reserved areas in
the proposed subdivision.
(2)
To minimize adverse impacts to wetlands, the Planning
Board shall require a specific buffer zone from the wetlands. Such
buffer zone shall be delineated by declaration or other proper legal
instrument filed in connection with the subdivision.
(3)
The Planning Board may attach conditions of approval
relating to wetlands preservation, use and management to the resolution
of final conditional approval. Such conditions may include, but are
not limited to:
(a)
Limitations on building envelope and location.
(b)
Requirements that structures be elevated on
piles to minimize adverse impacts to wetlands and to protect structures
from natural hazards.
(c)
Imposition of deed restrictions concerning future
use and subdivision of lands, such as preservation of undeveloped
areas in open space, and limitation on land disturbance, vegetation
removal, and fertilization.
(d)
Dedication of easements or placement of covenants
to protect wetlands.
(e)
Imposition of buffer zones separating and protecting
the wetland from future activities.
(f)
Establishing setbacks for structures and restrictions
on fill or other activities.
(g)
Creation, restoration or enhancement of an area
of wetlands and/or wetland buffers.
(4)
Subdivision lots containing wetlands and/or lying
within 200 feet of the boundaries of wetlands shall, where practicable,
have sufficient lot depth so that no building envelope will be placed
closer to the wetlands than 100 feet landward of the wetland boundary.
The Planning Board shall also, where practicable, impose a minimum
buffer zone of 100 feet for turf, fertilizers, pesticides, herbicides,
fungicides or similar treatments, landscaping or other clearing or
disturbance of natural vegetation, 125 feet for structures and 150
feet for wastewater disposal and/or sanitary systems.
C.
The natural vegetation and soils of a subdivision
site shall not be disturbed prior to final plat approval by the Planning
Board except for such minimal disturbance as will be needed and approved
by said Board relative to survey boundary work, excavation of approved
test holes and other acceptable minor site preparation needed for
engineering and planning evaluation.
D.
The Planning Board may require such erosion and sedimentation
control methods as are needed to protect terrain features, including
such methods which are noted in the Erosion and Sediment Control Technical
Handbook prepared by Suffolk County Soil and Water Conservation District.
E.
Subdivision lots having frontage along coastal bluffs
shall have sufficient lot depth so that no dwelling will be placed
closer to the top edge of the coastal bluff than 100 feet.
Local electric power, telephone and cable television
lines shall be placed underground. Utility companies shall place special
emphasis on preserving the vitality and appearance of trees. All utilities
to flag lots shall be placed underground.
A.
In cases where bulkheading is deemed necessary by
the Planning Board and the Village Engineer and to protect the coastal
areas from erosion caused by storm and tidal action, it shall be placed
in such fashion as not to destroy or alter significant ecological
values of the natural marine edge which are considered to extend up
to and above the mean high-water level and to include all tidal wetlands.
B.
Man-made waterways, such as canals, marinas and similar
constructions, which break the fresh groundwater - saline water interface
shall not be permitted.
A.
Street trees shall be provided in all subdivisions
unless adequate trees, acceptable to the Board and which exist in
their proper locations, are left in place and are in a healthy condition.
An exception to this requirement may be considered by the Board where
native woodlands and understory plants are deemed a desirable component
of the localized landscape worthy of natural resources protection,
and where the introduction of formal street trees forms an alien intrusion
into such landscapes.
B.
Trees shall be of nursery stock of an approved species
grown under the same climatic conditions as at the location of the
development. They shall be of symmetrical growth, free of insect pests
and disease, suitable for street use and durable under the maintenance
contemplated.
C.
The average trunk diameter at a height of six feet
above the finished ground level shall be a minimum of two to three
inches, depending on good practice, with reference to the particular
species to be planted.
D.
Trees shall be planted at intervals of from 40 feet
to 60 feet apart, depending on the species and location of lot lines,
along both sides of the street and shall be located within the right-of-way
where their spacing from the property line shall be determined by
the Planning Board.
E.
Where unique natural landscapes exist, the street
right-of-way shall not be cleared across the entire distance between
property lines. In order to enhance natural edge settings allowing
them to benefit the rural scene of the roadway, the Board may require
a limit of clearing line.
Trails shall be improved in the locations shown
on the final plat and shall be constructed as follows:
A.
Clearing shall be four feet wide, with two feet on
both sides, pruned to sufficiently provide for stepping aside. Overhead
tree limbs shall be pruned to a height of 12 feet to provide for vertical
clearance. Pruning will be done in accordance with acceptable landscaping
practice. If possible, the trail shall be buffered by a scenic or
conservation easement of such width as is deemed acceptable to the
Planning Board. The Planning Board shall attempt to maximize the width
of such buffer when possible.
B.
Blazes or markers shall be placed equally along the
trail.
C.
Trail warning signs consistent with the New York State
standard signs should be posted at all road crossings. Directional
trail markings should be posted along the trail every 100 yards and
at additional points where the trail makes a significant turn. Directional
trail markings shall be consistent throughout the Village.
D.
Trails shall be constructed at a natural grade and
assume an alignment over grade slopes of less than 10% where possible.
E.
The Planning Board may consider modifications to conditions
required above or require additional conditions.
