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]
[1]
Editor's Note: See Part 2 of this chapter.
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.
[Amended 2-18-2008 by L.L. No. 2-2008[1]; 9-5-2018 by L.L. No. 1-2018; 2-6-2019 by L.L. No. 1-2019]
[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:
BOARD or PLANNING BOARD
The Planning Board of the Town of Greenport.
CLERK OF THE PLANNING BOARD
The Chairman of the Town of Greenport Planning Board.
CONCEPT REPORT
A report of the project engineer outlining the concept for the provision of utilities whenever centralized water, drainage or sewerage is contemplated.
CONDITIONAL APPROVAL OF FINAL PLAT
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.
EASEMENT
An authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
FINAL PLAT
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.
FINAL PLAT APPROVAL
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.
LOT LINE ADJUSTMENT
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]
MAJOR SUBDIVISION
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.
MINOR SUBDIVISION
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.
OFFICIAL MAP
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.
OFFICIAL NEWSPAPER
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.
PRELIMINARY PLAT
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.
PRELIMINARY PLAT APPROVAL
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.
RESUBDIVISION
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.
SKETCH PLAN
A freehand sketch made on a topographic survey map showing the proposed subdivision in relation to existing conditions.
STREET
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.
A. 
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.
B. 
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
C. 
BUSINESS STREETSThose streets which serve or are designed to serve as an access to abutting business properties.
D. 
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.
E. 
DEAD-END STREETS or CULS-DE-SACThose streets which are closed to traffic at one end.
F. 
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.
G. 
MINOR STREETSThese streets which are intended to serve primarily for access to abutting residential properties.
H. 
SECONDARY STREETSStreets which serve or are designed to serve as routes connecting different parts of the Town.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH or RIGHT-OF-WAY
The distance between right-of-way property lines.
SUBDIVIDER
Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof, as defined herein, either for himself or others.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets.
SUBMISSION
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.
SUBMISSION, DATE OF
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.
SUPERINTENDENT
The duly elected Town Superintendent of Highways or such other person as the Town Board may determine.
TOWN PLAN
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.