A.
Acceptance of streets. The approval by the Planning Board and subsequent filing of the final plat at the Suffolk County Clerk's office shall not constitute acceptance by the Town of any street or right-of-way shown on such final plat. The applicant shall comply with all Town rules and regulations regarding the dedication of highways, as set forth in Chapter 161, Highway Specifications, Article IV, Final Dedication of Roads. Any street or right-of-way shall be deemed private until it has been formally accepted by a resolution of the Town Board.
B.
Acceptance of parks. When a park, playground, or other
recreation area is shown on a final plat, the approval of said final
plat shall not constitute acceptance by the Town of such area, and
the final plat shall be endorsed with appropriate notes to this effect.
The Planning Board may also require the filing of a covenant providing
for future dedication or other transfer of title, development of the
site, and maintenance of it.
C.
Acceptance of streets and parks and subsequent expiration
of final plat. Acceptance of formal offers of dedication of streets
and parks shall rest with the Town Board. If the plat is not filed
or recorded in the office of the County Clerk, then such offer of
dedication shall be deemed to be void.
A.
Land reservation determination. Where the Planning Board determines that suitable land for a public park, playground or other recreational purpose exists within the boundaries of a proposed residential subdivision, the Board may require that a portion of the subdivision lands be reserved for such purpose. Such determination shall be based on an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute. In determining whether or not to require the reservation of land for public park, playground or other recreational purpose, the Planning Board shall consider by the criteria and procedures outlined in § 240-53C below.
B.
Amount of land to be reserved. The amount of land
area to be reserved for public park, playground or other recreational
purpose shall be determined by the number of new residential building
lots within the proposed subdivision. Upon the recommendation of the
Planning Board and where the Town Board deems it appropriate, up to
5% of the total acreage may be subject to dedication.
C.
Criteria for land reservation. In determining whether
or not to require the reservation of land for public park, playground
or recreational purposes, the Planning Board shall consider the following
factors:
(1)
Whether suitable land exists within the proposed subdivision
in terms of its size, shape, and dimensions to reasonably accommodate
a public park, playground or other recreation use;
(2)
Whether the characteristics of the land in terms of
topography, soils, vegetative cover, hydrology and/or other natural
features readily lend themselves to development of the site for active
recreation use;
(3)
Whether there are state or federal regulatory restrictions
that would limit the usefulness of the site for active recreation
development;
(4)
Whether the site in terms of its physical characteristics
would provide an attractive and safe area for recreational use;
(5)
Whether the site is located such that reasonable and
safe pedestrian, bicycle and vehicular access can be provided between
the site and surrounding residential areas;
(6)
Whether the character of the proposed subdivision
and that of the surrounding area are compatible with a public park
and/or recreational use;
(7)
Whether the anticipated population of the proposed
subdivision, together with the population density of surrounding neighborhoods,
is sufficient to justify development and long-term maintenance of
a public park, playground or other recreation facility at the location;
(8)
Whether the site is located near or duplicates recreation
facilities already provided in the area, particularly those providing
the same type of recreation opportunities, including facilities located
on public school grounds;
(9)
Whether development and long-term maintenance of the
site would place an undue burden on Town departments;
(10)
Whether the site contains any unique and significant
physical, aesthetic or ecological features that would make it particularly
suited for environmental education, trail development, a nature preserve,
or other passive recreation use;
(11)
Whether reservation of the land is consistent
with recommendations contained in the Comprehensive Plan for the Town
of Southold and/or the Plan for Parks and Recreation in the Town of
Southold, if any, in effect at the time the subdivision application
is made; and
(12)
Whether reservation of the land is consistent
with the general goals and objectives of the Town with respect to
the development of parks and recreation facility development.
D.
Preliminary determination and referral required. Prior
to making a final determination that land will be reserved for public
park, playground or other recreational purpose, the Planning Board
shall first make a preliminary determination that such land reservation
will be required, and shall refer the proposal to the Town Board,
Land Preservation Committee and the Public Works Department for its
input on the matter. Said referral shall occur as early as possible
in the subdivision review process and prior to the public hearing
on the preliminary plat application. A referral is not necessary where
the Planning Board makes a preliminary determination that it will
not require the reservation of land.
E.
Reservation prior to signing of final plat. The reservation
of public park, playground or recreation land shall occur prior to
the signing of the final plat by the authorized officer of the Planning
Board, or in the case of a final plat filed in sections, prior to
the signing of the approved final plat of the first section thereof.
In cases where a final plat is filed in sections, the total land area
that is proposed to be reserved for public park, playground or recreation
purposes shall be shown upon, and included within, the final plat
of the first section.
F.
Satisfaction of parkland reservation requirement.
The park land reservation requirement of this section shall be deemed
satisfied upon the presentation to and acceptance by the Town Board
of a metes and bounds description of the parcel which is proposed
to be reserved for park, playground or recreation purposes, and by
the placing of a notation upon the final plat indicating that the
land is so reserved and cannot be further subdivided or built upon
except for public park, playground or recreational purposes.
G.
Park and recreation fee.
(1)
If the Planning Board makes a finding pursuant to
this chapter that the proposed subdivision plat presents a proper
case for requiring a park or parks suitably located for playgrounds
or other recreational purposes, but that a suitable park or parks
cannot be properly located on such subdivision plat, the Planning
Board may require a sum of money in lieu thereof. The fees shall be
as follows:
(2)
Timing of fee payment. Fees must be paid prior to
any final approval except in the case of an open development area
where the fee shall be paid upon implementation of the ODA [e.g.,
when the lot(s) is (are) created].
(3)
Fees to constitute separate trust fund. All fees collected
pursuant to this section shall be placed in a separate trust fund(s)
to be established and used by the Town exclusively for the acquisition
of public park, playground or recreation land, and/or for the improvement
of public park and recreation facilities.
Pursuant to New York State Town Law § 278
and to foster the goals of trail creation and preservation, the Planning
Board may require the reservation of nonagricultural open space lands
for park purposes and it may require some or all of that land be designated
as pedestrian trails, in accordance with the following considerations:
A.
To the extent it is consistent with proper overall
land use principles, existing trails shall be preserved in their natural
state within reserved areas in the proposed subdivision.
B.
Where a subdivision layout cannot preserve existing
trails because of adherence to legitimate land use policies and principles,
the Planning Board may require relocation of trails within the proposed
reserved areas to maintain the necessary linkage to preserve the integrity
of the system. The position of any relocation shall be established
by the Planning Board and shall be performed in such a manner as to
minimize disturbance to natural features deemed sensitive
C.
In order to provide notice to the public, all trails
shall be shown on the final map of the proposed subdivision. Existing
and relocated trails shall be distinguished on the map. Said trails
and all property rights, both private and public, relating to the
trails shall be delineated by declaration or other proper legal instrument
filed in connection with the subdivision. The resolution of conditional
final approval shall also delineate any conditions of approval relating
to trail preservation, use and maintenance.
D.
All trails which are preserved as a condition of Planning
Board approval shall be improved in accordance with the Board's rules
and regulations relating to clearing and marking of trails.
E.
All trails shall be buffered to the maximum extent
practicable from proposed development through location within proposed
reserved areas.
F.
Except as provided herein, all trails subject to this policy statement shall be limited to recreational uses as outlined in Chapter 193, Parks and Recreation Areas, of the Town Code and shall not be utilized by motorized vehicles.
G.
The Planning Board shall encourage applicants to grant
rights to the public to utilize trails preserved pursuant to this
section.
H.
Dedication, access easements or covenants shall be
acceptable means of creating public rights to use the trail system.
I.
Landowners' liability shall be governed by the applicable
New York State law.
J.
Where the developer has granted rights to the public
to utilize trails within his control, the Town shall be responsible
for maintenance of the trails, absent an agreement with the developer
or a third party to the contrary.
K.
Where rights have been granted to the Town in the
form of dedications, easements or covenants to utilize lands as trails
but trails were not required to be constructed by the applicant, future
trail construction shall be the responsibility of the Town. Cooperation
with owners of the property shall be encouraged.
The time limitations set forth in this chapter
and in New York State Town Law may be varied when required for the
purpose of complying with the provisions of SEQRA and its implementing
regulations.
The Planning Board shall have the authority
to modify or waive, subject to appropriate conditions, any provision
of these subdivision regulations, if in its judgment they are not
requisite in the interest of the public health, safety and general
welfare, except where such authority would be contrary to other ordinances
or state law.
A.
The following divisions of property shall be eligible
for a waiver from subdivision review by the Planning Board.
(1)
A resubdivision of nonconforming lots shown on a subdivision
map approved by the Planning Board after April 9, 1957, and filed
in the office of the Suffolk County Clerk or the Town Clerk, but not
held in single-and-separate ownership. However, the reestablishment
of the right to build on said lots shall require variance relief from
the Zoning Board of Appeals.
(2)
A resubdivision which involves redrawing original
lot lines for the purpose of combining said lots to create conforming
parcels shown on a subdivision map approved by the Planning Board
after April 9, 1957, and filed in the Office of the Suffolk County
Clerk or the Town Clerk.
B.
The proposed division shall be reviewed by the Town
Planning Department, and the office shall inform the Planning Board
in writing that the division will have not significant environmental
effect, will not make future planning of the affected parcels more
difficult or impossible and poses no other immediate or potential
problem which would justify more thorough review by this Board.
C.
Where all the requirements of this section can be
met, such a division may be authorized by the Planning Board by resolution.
D.
Each parcel created by resubdivision shall be shown
on a survey prepared by a licensed surveyor and filed in the office
of the Planning Board. Any land being transferred by such resubdivision
shall be deeded to the owner of the property in identical name so
the new area merges with the existing parcel and shares therewith
a common identification number on a Suffolk County Tax Map. The deed
and legal description for any resubdivided parcel shall be recorded
in the Office of the Suffolk County Clerk.
These subdivision regulations shall take effect
immediately upon approval by the Town Board. However, any subdivision
which has received conditional approval of the preliminary plat by
the Planning Board prior to the approval or future modification of
these regulations may, at the discretion of the Planning Board, be
permitted to be completed under the provisions of the subdivision
regulations existing at the time of the approval.
