Pursuant to § 7-730 of the Village Law, before the approval
of a plat or plan of development by the Board, such plat or plan shall show,
in proper cases and when required by the Board, a park or parks suitably located
for playground or other recreation purposes. Reservation and/or dedication
of land for street purposes, drainageways and easements also may be required
by the Board and by county or state agencies having jurisdiction. Any land
offered for dedication or reserved by the owner for a particular purpose and
all easements shall be shown and appropriately marked on the plat or plan
of development.
A.
Features shown on Comprehensive Plan. Where a proposed
park, playground, school or other public use is shown on the Comprehensive
Plan in a location which is entirely or partially within a subdivision or
development, the Board shall require the dedication or reservation of such
area within the subdivision.
B.
Recreation area not shown on Comprehensive Plan. In cases
where the Comprehensive Plan does not show a recreation area within a proposed
subdivision and the Board deems that recreation space would be desirable and
appropriate, the Board may require the dedication or reservation of designated
sites for park, playground or other recreation purposes. Such sites shall
be of suitable size, dimension, topography, location and general character
for the particular purposes envisioned by the Board. In no case shall the
Board require that more than 10% of the gross area of the subdivision be dedicated
or reserved for recreation purposes. In calculating such percentage, the Board
may give due credit for open areas reserved, by covenants in all deeds, for
the common use of all property owners in the proposed subdivision.
(1)
Minimum size of recreation area. Land in subdivisions
dedicated or reserved for recreation purposes generally shall have an area
of at least five acres. When a proposed subdivision is too small to require
such an area, the Board may require that the recreation area be located on
the edge of the subdivision so that additional land may be added at such time
as the adjacent land is subdivided. In no case shall an area of less than
three acres be dedicated or reserved for recreation purposes if the Board
deems it unlikely that additional lands can be secured to increase such area.
(2)
Recreation sites. Land offered for dedication or reservation
for recreation purposes shall be of a character, shape and location suitable
for such purposes. In the case of a playfield or playground, the land shall
be relatively level and dry, and no dimension of the site shall be less than
200 feet. Generally, a recreation site shall have a frontage of at least 200
feet on one or more streets.
C.
Waiver on land for recreation. In cases where the Board finds that, due to the size, topography or location of the subdivision or for other reasons, a requirement that land be dedicated or reserved for recreation would be unreasonable or undesirable, the Board may waive such requirement, subject to the condition that the subdivider shall, in lieu of such dedication or reservation, pay to the Village in cash an amount as provided in Chapter 64, Fees and Deposits. Such moneys shall be deposited in a special Village recreation site and improvement fund.
[Amended 11-20-1969 by L.L. No. 1-1969]
D.
Public use not shown on Comprehensive Plan. The Board
may require that land in a subdivision be temporarily reserved for a public
school or other essential community facility, although not shown on the Comprehensive
Plan, when the Board deems it desirable and appropriate. In such cases, if
the agency having jurisdiction does not acquire such land within two years
after the date of the signing of the plat by the Board, the subdivider, upon
written notice to the Board, shall, 30 days after such notice, be relieved
of the responsibility of further reservation of said land for said public
purpose.
A.
All streets shown upon the plat may be offered for dedication
or reserved for such purposes. When a street is not offered for dedication,
the reservation shall ensure to abutting owners a perpetual unobstructed right
of access, air and light.
B.
Widening or realignment of existing streets. Where a
subdivision borders an existing narrow street or when the Comprehensive Plan
indicates the realignment and/or widening of a street that would require use
of some of the land in a subdivision or development, the Board may require
the subdivider to offer to dedicate or reserve areas for such widening and/or
realignment.
A.
Storage basins and easements. Where land is required
by the county or Village for storage basins and easements, such land shall
be offered for dedication to Nassau County or the Village, as the case may
be.
B.
Easements. Easements for drainageways, utilities, pedestrian
and/or emergency access and for planting strips shall be provided by the subdivider
in the location and at the width required by the Board. Generally, easements
for drainage and utilities shall be unobstructed and perpetual, and easements
for planting strips shall be perpetual.
C.
Preservation of natural features. The subdivider shall reserve and may offer for dedication for open recreational purposes existing natural features when the Board finds that such 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, except when, after approval of the Board pursuant to § 162-31A, such features are deeded to a property owners' association membership running with all of the land in the subdivision and preserving such features.
A.
Responsibility for reservations. In any case where title
to streets or other reservations is not offered for dedication to the Village,
the ownership shall be clearly established in a manner satisfactory to the
Board in order to ensure the continued maintenance and responsibility for
such reservation.
B.
Offers of cession. Pursuant to § 7-732 of the
Village Law, with respect to streets and parks, the subdividing owner may
add, as a part of the plat, a notation, if he so desires, to the effect that
no offer of dedication of such streets or parks or any of them is made to
the public. Formal offer of cession to the Village of all streets and parks
not so marked with such notation on the plat shall be filed by the owner with
the Board prior to approval of the plat by the Board.
C.
Acceptance by the Village. Acceptance of any offer of
streets, parks, recreation or other land shall rest with the Village Board
of Trustees. In the event that the subdivider elects not to file the subdivision
plat in the office of the County Clerk within the sixty-two-day period required
by law, then such formal offer of cession shall be deemed to be void. The
approval by the Board of a plat shall not be deemed to constitute or imply
acceptance by the Village of any street, park or other open space shown on
said plat. The Board may require said plat to be endorsed with appropriate
notes to this effect.
[Amended 7-18-2000 by L.L. No. 3-2000]
If the subdivider intends to place restrictions on any of the land contained
in a subdivision, such restrictions shall be clearly indicated on the plat.
The subdivider shall submit to the Board, for its approval, a copy of any
additional restrictions as may be imposed upon the property as a condition
to sale, together with a statement of any restrictions previously imposed
which may affect title to the land proposed to be subdivided.