By authority of the resolution adopted by the
Town Board on the first day of May 1968, pursuant to the provisions
of Article 16 of the Town Law, the Town of Greenport Planning Board
has the power and authority to approve or disapprove final plats and
to approve preliminary plats for land subdivisions within the unincorporated
area of the Town of Greenport, Columbia County, New York.
In order that land in the Town of Greenport
may be subdivided in accordance with the policy set forth herein,
these regulations are hereby adopted and shall be known and may be
cited as the "Town of Greenport Land Subdivision Regulations."
These regulations are adopted for the purposes
set forth in §§ 276 and 277 of Article 16 of the Town
Law (Chapter 62 of the Consolidated Laws of the State of New York),
which, in the interest of the protection and promotion of the public
health, safety and welfare, shall be deemed to specifically include
the following, among others:
A.
Safeguarding of residential streets from the hazard
of excessive traffic.
B.
Ensuring that only land which can be used for building
purposes without danger to health or peril from fire, flood or other
menace will be subdivided.
C.
Ensuring the provision of well-placed and safe recreation
and other open areas and means of pedestrian circulation.
D.
Safeguarding the Town from undue future expenditures
for the maintenance of streets and other open spaces dedicated to
public use.
E.
Ensuring the provision of proper roads. water supply,
sewage disposal, drainage and other needed public improvements.
In order to accomplish the purposes set forth
above, it is declared to be the policy recreation and the Town of
Greenport Planning Board to consider land subdivision plats as part
of a plan for the orderly, efficient and economical development of
the Town. This shall be interpreted to include the following objectives
which shall guide the Planning Board's decisions:
A.
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health
or peril from fire, flood or other menace.
B.
Proper provision shall be made for drainage, water
supply, sewerage and other needed improvements.
C.
Proposed streets shall compose a convenient system
conforming to the existing highways and shall be properly related
to the proposals shown on the Town Plan (if such exists).
D.
Streets shall be of such width, grade and location
as to accommodate prospective traffic, to afford adequate light and
air and to facilitate fire protection.
E.
Lots shall be laid out so as to be in harmony with
the development pattern of neighboring properties.
F.
Areas of suitable location, size and character for
community purposes shall be shown on the final plat wherever appropriate.
Should any of these regulations conflict or
be found inconsistent with any other rule, regulation or ordinance
of the Town of Greenport or with any provision of state law, the more
restrictive provision shall apply.
Nothing in these regulations shall prohibit
the subdivider from placing self-imposed restrictions not in violation
of these regulations on the development. Such restrictions shall be
indicated on the final plat.
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all of such improvements and requirements
as, in its judgment of the special circumstances of a particular plat
or plats, are not requisite in the interest of the public health,
safety and general welfare or which, in its judgment, are inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the subdivision. In granting variances and modifications,
the Board may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified, including but not limited to the creation of a homeowners'
association for roads and the creation of a transportation corporation
to provide water and/or sewer where public water and sewer are not
available.
A building permit for the erection of a structure
in a development laid out subsequent to May 1968 shall not be issued
unless the street fronting the proposed building lot appears in a
recorded plat approved by the Planning Board and duly certified as
being filed in the office of the County Clerk in accordance with § 280-a
of the Town Law of the State of New York.
The Town Board may. by local law, provide for
remedies to prevent or abate violations and to establish penalties
for violations in accordance with § 268 of the Town Law
of the State of New York.[1]
A.
Fees for subdivision applications shall be set by
resolution of the Town Board. Every application for approval of a
subdivision shall be accompanied by a fee in accordance with such
resolution.
[1]
Editor's Note: This local law also provided
that future amendments to the fee amounts in this subsection may be
made by resolution of the Town Board.
B.
Inspector.
(1)
The Planning Board may employ an inspector to act
as its agent for the purpose of assuring the satisfactory completion
of required improvements. The applicant shall pay the costs of such
inspector before the final plat is signed for filing or the estimated
cost of the same is included in the performance bond.
(2)
If the Planning Board or its agent finds, upon inspection,
that any of the required improvements have not been constructed in
accordance with the approved drawings, the applicant and the bonding
company will be severally and jointly liable for the cost of repairing
or constructing said improvements according to the approved specifications.
C.
Engineering consultants. The Planning Board may employ
the services of a licensed professional engineer to consult with the
Board concerning matters before it. The cost of such consultation
services shall be paid by the applicant to said engineer before the
final plat is signed for filing.
D.
Legal consultants. The Planning Board may employ the
services of a licensed attorney to consult with the Board concerning
matters before it. The cost of such consultation services shall be
paid by the applicant to said attorney before the final plat is signed
for filing.
For the purpose of these regulations, certain
words herein are defined as follows:
The Planning Board of the Town of Greenport.
The Chairman of the Town of Greenport Planning Board.
A report of the project engineer outlining the concept for
the provision of utilities whenever centralized water, drainage or
sewerage is contemplated.
The approval of a final plat subject to conditions set forth
by the Planning Board in a resolution conditionally approving such
plat. Such conditional approval does not qualify a final plat for
recording nor authorize issuance of building permits prior to the
signing of the plat by a duly authorized officer of the Planning Board
and recording of the plat in the office or the County Clerk in accordance
with provisions of this Part 1.
An authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A drawing prepared in the manner set forth herein showing
a proposed subdivision and containing in detail, as required by these
regulations, all information required to appear on the preliminary
plat and any modifications required by the Planning Board at the time
of approval of a preliminary plat of such proposed subdivision if
such preliminary plat has been so approved.
The signing of a final plat by a duly authorized officer
of the Planning Board after a resolution granting final approval of
the plat or after conditions specified in a resolution granting conditional
approval of the plat are completed. Such final approval qualifies
the plat for recording in the office of the Columbia County Clerk.
Any alteration of lot lines or modification of parcel boundaries
in which a portion of one parcel is combined with an adjoining parcel,
without increasing the total number of parcels or resulting in lots
that exceed the applicable minimum requirements.
[Added 5-1-2019 by L.L.
No. 2-2019]
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any subdivision
requiring any new street or extension of municipal facilities.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, if such exists, or these regulations.
The map, and any amendments thereto, adopted by the Town
Board under § 270 of the Town Law or by the county under
§ 239-h of the General Municipal Law, if any.
A newspaper of general circulation within the Town, so designated
by the Town Board in compliance with appropriate state law. If none
is so designated, a newspaper that would qualify for designation.
A drawing prepared in the manner set forth herein showing
the layout of a proposed subdivision, including but not restricted
to road and lot layout, with approximate dimensions, location, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at a suitable scale and in such detail as specified
in these regulations.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat, but subject to approval of the plat in
final form in accordance with the provisions of these regulations.
Refers to a change in a subdivision plat filed in the office
of the Columbia County Clerk, which change affects the street and/or
lot layout shown on such plat or affects any area reserved thereon
for public use or diminishes the size of any lot shown thereon.
A freehand sketch made on a topographic survey map showing
the proposed subdivision in relation to existing conditions.
A right-of-way for vehicular traffic, whether designated
as a street, highway, throughway, thoroughfare, avenue, boulevard,
road, parkway, right-of-way, lane, place, court or however otherwise
designated.
ARTERIAL STREETS, MAJOR STREETS and HIGHWAYSThose streets which serve or are designed to serve heavy traffic flows and which are used primarily as routes for traffic between communities or other areas generating heavy traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
BUSINESS STREETSThose streets which serve or are designed to serve as an access to abutting business properties.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
DEAD-END STREETS or CULS-DE-SACThose streets which are closed to traffic at one end.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
MINOR STREETSThese streets which are intended to serve primarily for access to abutting residential properties.
SECONDARY STREETSStreets which serve or are designed to serve as routes connecting different parts of the Town.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between right-of-way property lines.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof, as defined herein,
either for himself or others.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets.
Completion and delivery of application forms, as well as
all supporting documentation required by the Board and by these regulations,
for approval of a sketch plan, preliminary plat or final plat.
The date of the first regular meeting of the Planning Board
which is more than 15 days subsequent to completion and delivery of
application forms, as well as all supporting documentation required
by the Board and by these regulations, for approval of a sketch plan,
preliminary plat or final plat.
The duly elected Town Superintendent of Highways or such
other person as the Town Board may determine.
The Comprehensive Plan of development for the Town adopted
by the Planning Board, pursuant to § 272-a of the Town Law,
which indicates the general locations recommended for various public
works and reservations, and for the general physical development of
the Town, and includes any part of such plan separately adopted and
any amendment to such plan or parts thereof, if any.
