A.
An applicant who has received sketch plat approval
for a conservation subdivision pursuant to this chapter may apply
to the Town Board for establishment of an open development area (ODA)
pursuant to § 280-a(4) of the New York State Town Law.
B.
The Town Board may grant the applicant the right to
seek future approval of the creation of lots and the issuance of permits
for the erection of structures to which access is given by right-of-way
or easement. Such right shall be in accordance with the designated
zoning district and the density and minimum lot size for the property
in effect at the time of the establishment of the open development
area.
C.
This provision supersedes and amends New York State
Town Law § 265-a insofar as that section places a limited
exemption on the time within which an adoption, change or amendment
to the zoning regulations shall be applicable to a filed plat.
An open development area must meet the following
general criteria:
A.
It shall be located within the A-C, R-400, R-200,
R-120, R-80 or R-40 Zoning Districts.
B.
It shall provide for the perpetual preservation of
a minimum of 75% of the buildable land on the parcel.
C.
Access to the ODA shall be provided by a right-of-way
or easement.
D.
The area where the proposed lots will be located shall
be in accordance with that shown on the approved sketch plat.
The applicant shall submit the following items
to the Town Clerk's Office:
A.
A completed petition to establish an open development
area;
C.
An executed easement (permanently preserving a minimum
of 75% of the property from residential or commercial development)
between the property owner and one of the following entities: the
Town of Southold, the County of Suffolk, another governmental entity,
or a private conservation corporation or land trust as approved by
the Town Board.
A.
Upon receipt of the items required under § 240-28, the Town Clerk shall refer the petition to the Planning Board for its review and specific recommendations within 14 days of receipt of referral.
B.
The Town Board shall provide notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code and shall hold a public hearing.
C.
The Town Board shall comply with the requirements
of SEQRA.
D.
Following receipt of the Planning Board's recommendation
and the public hearing, the Town Board may establish an open development
area consisting of a certain number of acres within a specified portion
of the proposed conservation subdivision. The Town Board may incorporate
such further conditions and limitations as may be prescribed by the
Planning Board by general or special rule. Such approval shall be
by resolution.
E.
The approved map shall be signed by the Town Supervisor
within 10 days of the adoption of the approving resolution.
F.
The following filing procedures shall be implemented
for an approved ODA:
(1)
The Mylar maps shall be filed by the applicant with
the County Clerk's Office as a miscellaneous map within 62 days of
the date of approval.
(2)
Three paper copies shall be filed with the Town Clerk's
Office, of which one copy will be returned to the applicant and one
copy shall be sent to the Planning Board office for its records.
(3)
Failure to file the approved map within 62 days of
the date of approval shall result in an expiration of such approval.
A.
In order to create any lot(s) within a filed ODA subdivision,
the property owner shall submit the following items to the Planning
Board office:
B.
Upon receipt of an application, the Planning Board
office shall refer the road and drainage plans to the Town Engineering
Office for an estimate of the required improvements.
C.
Upon receipt of the performance bond estimate, the
Planning Board shall accept or modify said estimate.
D.
The Planning Board shall comply with applicable provisions
of the State Environmental Quality Review Act (SEQRA).
E.
The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code.
F.
If approved, the revised map shall be signed and dated
and filed by the applicant in the Office of the County Clerk, the
Town Clerk and the Planning Board office within 62 days after approval.
