[HISTORY: Adopted by the Board of Trustees of the Village of Mill
Neck at time of adoption of Code 4-12-1994 by L.L.
No. 1-1994; see Ch. 1, General Provisions, Art. I.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 18.
Flood damage prevention — See Ch. 61.
Zoning — See Ch. 129.
[1]
Editor's Note: The provisions of this chapter were derived from
"Rules and Regulations of the Planning Board," adopted 12-10-1963 and subsequently
revised by the Planning Board.
By resolution adopted by the Board of Trustees on the ninth day of April
1955, pursuant to the provisions of the Village Law and pursuant to the County
Government Law of Nassau County, the Planning Board of the Village of Mill
Neck has the power and authority to approve plats for subdivisions within
the Village of Mill Neck.
For the purpose of this chapter, certain words used herein are defined
as follows:
The Planning Board of the Village of Mill Neck.
The engineer duly designated by the Planning Board of the Village
of Mill Neck or, if there is no such official, the planning consultant or
engineer employed by or assigned to the Village Planning Board.
A comprehensive plan prepared by the Planning Board pursuant to § 7-722
of the Village Law which indicates the general locations recommended for the
various functional classes of public works, places and structures and for
the general physical development of the Village of Mill Neck and includes
any unit or part of such plan separately adopted and any amendment to such
plan or parts thereof.
The map established by the Board of Trustees under § 7-724
of the Village Law showing streets, highways and parks theretofore laid out,
adopted and established by law and any amendments thereto adopted by the Board
of Trustees or additions thereto resulting from approval of subdivision plats
by the Planning Board and the subsequent filing of such approved plats.
The final map on which the subdivider's plan of subdivision
is presented to the Planning Board for approval and which, if approved, will
be submitted to the County Clerk for recording.
The preliminary drawings indicating the proposed map of the subdivision
to be submitted to the Planning Board for its consideration.
The division of any parcel of land into two or more lots, plots,
sites or other divisions of land.
No person, firm or corporation proposing to make or having made a subdivision,
as defined herein, within the territorial limits of the Village of Mill Neck
shall make any contract for the sale of or shall offer to sell such subdivision
or any part thereof or shall proceed with any development, as defined herein,
until it has obtained from the Planning Board of the Village of Mill Neck
approval of the proposed subdivision and/or development pursuant to the procedure
outlined in this chapter.
A.
Application for approval.
(1)
Whenever any subdivision of land is proposed to be made for the sale of or any offer to sell such subdivision or any part thereof is made, the subdivider or owner thereof or his agent shall apply in writing to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications in §§ 109-5 through 109-10 of this chapter.
(2)
The preliminary map, topographic map, street profiles
and formal subdivision plat and all procedure relating thereto shall in all
respects be in full compliance with the provisions of §§ 7-728
and 7-730 of the Village Law and this chapter, except where variation therefrom
may be specifically authorized by the Board.
(3)
Ten copies each of the preliminary map, as described in § 109-6, designated as such, at the scale of not more than 100 feet to the inch, topographic map at the same scale and proposed street grades at appropriate scales shall be filed with the Board, accompanied by the fees as set forth in Chapter A132, Fees, Art. II.
B.
The Board shall then study the preliminary map and proposed street grades in connection with the topography of the area, the existing requirements of Chapter 129, Zoning, if any, the Master Plan and the Official Map, if any, and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in § 7-730 of the Village Law, as well as to specific requirements for parks, open areas, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for development.
C.
After arriving at tentative conclusions, the Board shall,
within 30 days of filing, discuss the preliminary map with the subdivider
or his agents. After such discussion, the Board shall communicate in writing
within 30 days to the developer the specific changes which it will require
in the preliminary map and the character and extent of the required public
improvements for which waivers may have been requested and which, in its opinion,
may be waived without jeopardy to the public health, safety, morals and general
welfare.
D.
The subdivider, after official notification by the Board
with respect to the preliminary map and the changes, if any, to be made therein,
shall, within six months thereafter, file with the Board original drawings
of the subdivision plat and street profiles, accompanied by the appropriate
fees.[1] These drawings shall be on tracing cloth in sheets not exceeding
36 inches wide by 48 inches long and to a scale of a not more than 100 feet
to the inch, except when more than one sheet is required, in which event an
additional index sheet of the same size shall be filed showing, to appropriate
scale, the entire subdivision on one sheet with lot and block numbers. Before
the Board acts on the formal subdivision plat, it shall hold a formal hearing
thereon in compliance with § 7-728 of the Village Law. The subdivider,
at least 10 days prior to the date of said hearing, shall forward a copy of
the public notice by registered or certified mail to all abutting property
owners notifying them of the date, time and place of such hearing and shall,
prior to the date of the hearing, file proof of such notice with the Planning
Board. Abutting land shall be deemed to include land located opposite the
premises which are the subject of an application but which is separated from
them by a public or private road. The Planning Board shall then, within 60
days from the date of submission of the formal plat, approve, modify or disapprove
such plat. Such approval shall, however, not be deemed final until the subdivider
has complied with the provisions of the following subsection.
E.
Subdivider's actions following Planning Board approval.
(1)
Performance bond.
(a)
The subdivider shall complete, in accordance with the
Board's decision, to the satisfaction of the Engineer and any other official
or body authorized by law to act, all the improvements specified in § 7-730
of the Village Law and not specifically waived by the Board or, alternatively,
shall file with the Board either a performance bond and cash deposit, or a
letter of credit and cash deposit, satisfactory to the Village Attorney as
to form, sufficiency, manner of execution and surety, for the completion of
such improvements as are not constructed and not approved by the Engineer
and any other official or body authorized to act prior to the approval of
the plat.
(b)
The Board may require a certificate from the Engineer
or other designated official as to the satisfactory character of improvements
completed and from the Village Attorney or other designated legal adviser
as to the adequacy of any bond which may be proffered.
(2)
The subdivider shall tender offers of cession, in a form
certified as satisfactory by the Village Attorney, of all land included in
streets, highways, parks or open areas not specifically reserved by him; but
approval of the plat by the Board shall not constitute an acceptance by the
village of the dedication of any street, highway, park or other public open
space or area or any right of user thereof.
(3)
The subdivider shall also file with the Board the consent
of the mortgagee to the filing of the plat, together with a certificate of
title of an approved title company, in a form satisfactory to the Board, certifying
the record title in the name of the applicant.
(4)
Completion of these details and notation to that effect
upon the plat shall be deemed final approval, and within 90 days thereafter,
the developer must file the plat with the County Clerk. Otherwise, such approval
shall expire as provided in § 7-728 of the Village Law.
A.
The subdivider shall observe the following requirements
and principles of land subdivision:
(1)
In general, the proposed subdivision shall conform to the Official Map, Chapter 129, Zoning, and the Master Plan, if such exist.
(2)
The arrangement of streets in the subdivision shall provide
for the continuation of the principal streets in adjoining subdivisions or
for their proper projection, when adjoining property is not subdivided, and
shall be of a width at least as great as that of such existing connecting
streets.
(3)
In general, main highways and secondary highways shall
not be less than the width shown on the Master Plan, if such exists. The Planning
Board, in its discretion, may permit minor streets to be less than 50 feet
in width.
(4)
Dead-end or cul-de-sac streets shall not, in general,
exceed 350 feet in length and shall be equipped with a turnaround roadway
with a minimum radius of 40 feet for the outside curb at the closed end.
(5)
Curb radii at intersections shall not be less than 20
feet, and property lines shall be adjusted accordingly.
(6)
Side lines of lots, so far as practicable, shall be at
right angles or radial to street lines.
(7)
Care shall be exercised in the layout of lots at street
intersections.
(8)
Grades of all streets shall conform, in general, to the
terrain and shall be the reasonable minimum.
(9)
Land subject to flooding, bog or marshland and land deemed
by the Board to be uninhabitable shall not be platted for residential occupancy
nor for such other uses as may increase danger to health, life or property
or aggravate flood hazard.
(10)
In case a tract is subdivided into larger parcels than
ordinary building lots, such parcels shall be arranged so as to allow the
opening of future streets and logical further resubdivision.
(11)
In general, street lines within a block deflecting from
each other at any point more than 10° shall be connected with a curve,
the radius of which for the inner street lines shall not be less than 350
feet on main thoroughfares, 250 feet on secondary thoroughfares and 100 feet
on streets. The outer street line in each case shall be parallel to such inner
street line.
(12)
Land to be subdivided and/or developed shall be laid
out and improved in reasonable conformity with existing topography, in order
to minimize grading, cut and fill and to retain, insofar as possible, the
natural contours, limit stormwater runoff and conserve the natural cover and
soil. No topsoil, sand or gravel shall be removed from any lots shown on any
subdivision plat, except for the purpose of improving such lots and for the
laying out of streets shown thereon. Topsoil so removed shall be restored
to a depth of six inches and properly seeded and fertilized on the areas of
such lots not occupied by buildings or structures. No excess topsoil so removed
shall be disposed of outside of the boundaries of the Village, except upon
the approval of the Board of Trustees of the Village.
B.
The subdivider shall reserve and may offer for dedication
for open recreational purposes existing natural features when the Board finds
that features, such as large trees, wooded areas, watercourses, ponds, historic
sites, vistas or other irreplaceable assets, enhance the attractiveness of
the site and will add value to residential or other development or to the
Village as a whole. Whatever of such natural features, in the opinion of the
Board, should be offered for dedication to public uses shall be offered for
dedication to the Village or other appropriate authority or, when approved
by the Board, such features are deeded to a property owners' association
membership running with all of the land in the subdivision and preserving
such features.
A.
Subdividers shall present to the Board a preliminary
map. Ten copies shall be filed, at the scale of not more than 100 feet to
the inch, showing or accompanied by the following information:
(1)
The proposed subdivision name and identifying title and
the names of the villages and counties in which the subdivision is located.
(2)
The name and address of the record owner, developer,
developer's engineer and developer's attorney.
(3)
The location of property lines, existing easements, buildings,
watercourses and other essential features.
(4)
The names of all subdivisions immediately adjacent and
the names of the owners of record of adjacent acreage.
(5)
The location of any existing sewers and water mains,
culverts and drains on the property to be subdivided.
(6)
The location, names and present widths of existing and
proposed streets and highways; location of easements, parks and other public
open spaces; location of similar features on surrounding property within a
radius of 200 feet of the periphery of the map.
(7)
The existence of all other municipalities within 300
feet of the boundaries of the subdivision.
(8)
Any changes in the use, heights, area and density districts or other regulations under Chapter 129, Zoning, applicable to the area to be subdivided and any boundaries of such district affecting the tract; all parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(9)
The width and location of any street or other public
ways or places shown upon the Official Map or the Master Plan, if such exists,
within the area to be subdivided and the widths location, grades and street
profiles of all streets proposed by the developer.
(10)
Typical cross sections of the proposed grading and the
roadways or sidewalks and the topographic conditions.
(11)
The date and scale.
(12)
The deed description and map of survey of tract boundary
made and certified by a licensed land surveyor.
(13)
The connection with the existing water supply or alternative
means of providing water supply to the subdivision as provided in Article
11 of the Public Health Law.
(14)
The connections with the existing sanitary sewerage system
or alternative means of treatment and disposal proposed as provided in the
same Article 11.
(15)
The provisions for collecting and discharging surface
drainage.
(16)
The preliminary designs of any bridges or culverts which
may be required.
(17)
The proposed lot lines with approximate dimensions.
B.
The preliminary plan shall tentatively show the boundaries
of proposed permanent easements over or under private property, which permanent
easements shall be not less than 10 feet in width and which shall provide
satisfactory access to an existing public highway or other public open space
shown upon the plan or upon the Official Map.
C.
All of the information set forth above is required by
the Board for the purpose of complying with §§ 7-728 and 7-730
of the Village Law and the Public Health Law and for the information of the
public at the public hearings. Due care in the preparation of this material
will expedite the process of passing upon the formal subdivision plat.
A.
The subdivision plat submitted for approval and subsequent
recording shall be clearly and legibly drawn in ink upon tracing cloth. The
size of the sheets shall not exceed 36 inches by 48 inches, including a margin
of one-inch outside-ruled border lines on three sides and a two-inch border
along the left side of the forty-eight-inch side for binding. The drawing
shall be at the scale of not more than 100 feet to the inch.
B.
The subdivision plat shall show:
(1)
The proposed subdivision name or identifying title and
the name of the village and county in which the subdivision is located, the
name and address of the record owner and the subdivider and the name, license
number and seal of the licensed professional engineer and the land surveyor.
(2)
The street lines, pedestrianways, lots, reservations,
easements and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the engineers to determine
readily the location, bearing and length of every street line, lot line and
boundary line and to reproduce such lines upon the ground. Where practicable,
these should be referenced to monuments and should be tied to reference points
previously established by a public authority.
(4)
The length of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves, tangent distances
and tangent bearings shall be given for each street. All dimensions and bearings
of the lines of each lot shall also be given. All dimensions shall be shown
in feet and decimals of a foot. The final plan shall show the boundaries of
the property, location, graphic scale and North point.
(5)
The final plan shall also show, by proper designation
thereon, all public open spaces for which deeds of cession are included and
those spaces title to which is reserved by the developer. 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)
All offers of cession and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the Village
Attorney as to their legal sufficiency.
(7)
The lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with the Land and Tax Map
of Nassau County.
(8)
Said plat shall have endorsed upon it all municipal and
state approvals required, so that said plat may be filed in the Nassau County
Clerk's office.
(9)
The permanent reference monuments shall be shown by a
square box. They shall be constructed in accordance with the specifications
of the Village Engineer. They shall be placed as required by the Village Engineer
and their location noted and referenced upon the plat.
(10)
All lot corner markers shall be permanently located,
satisfactory to the Village Engineer, shown by a circle and located in the
ground to existing grade.
No improvements shall be constructed which have not been approved by the Board. The subdivider may elect to complete all improvements before final approval or file a performance bond pursuant to the provisions of § 109-4E. For any required improvements not so completed, there shall be submitted with the plat a certificate of the Village Attorney as to the sufficiency of the bond offered in lieu thereof. Before final approval of the plat or release of the performance bond, there shall be filed with the Planning Board a certificate of the Village Engineer as to the completion of all improvements required by the Board to his satisfaction, in accordance with standards and specifications prescribed by him.
Monuments of a type approved by the Village Engineer shall be set at
all corners and angle points of the boundaries of the original tract to be
subdivided and at all street intersections, angle points in street lines,
points of curve and such intermediate points as shall be required by the Village
Engineer.
No work shall be commenced on a stormwater drainage or storage basin until the area has been fenced in accordance with village specifications, § 109-11, and unless the developer shall file with the Board a public liability insurance policy insuring the Village of Mill Neck and the developer, covering the operation of such developer and the construction of such stormwater drainage or storage basin with limits of $50,000/$100,000, such insurance to continue 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.
All work and improvements shall be done in accordance with the Construction
Standards and Specifications of the Village of Mill Neck and under the supervision
of the Village Engineer.
Where the Board finds that, because of special circumstances of a particular plat, extraordinary hardships, not of the owners' or subdividers' making, may result from strict compliance with this chapter, it may vary or waive any of the regulations so that substantial justice may be done and the public interest secured, provided that such variation or waiver shall comply with Chapter 129, Zoning, and will not have the effect of nullifying the intent and purpose of the Master Plan, Official Map or this chapter.
