A.
Prior to submitting a final plat application for a
minor subdivision or a preliminary plat application for a major subdivision,
the applicant may submit a concept plan for informal review by the
Planning Board. The concept plan should show the location of the subdivision,
all existing structures, wooded areas, significant physical features,
available utilities and the proposed pattern of lots, drainage and
sewer and water facilities.
B.
The Planning Board shall determine whether the concept
plan meets the purposes of these regulations and shall inform the
applicant of the actions necessary to comply with the requirements
of these regulations.
A.
The applicant shall provide the following:
B.
The Planning Board or its duly authorized designate
shall:
(1)
Review the application for completeness and determine whether the proposed subdivision meets the criteria of a minor subdivision and further determine conformance or nonconformance with the general requirements and design standards. If the proposed subdivision is determined as not meeting the minor subdivision criteria it shall be considered a major subdivision and follow the procedure of § 146-7.
(2)
Approve, approve with modifications or disapprove
the subdivision plans and notify the applicant of such action. After
approval the applicant may apply for building permits.
The applicant shall provide a sketch plan, preliminary
plat and final plat in that sequence as described below and in accordance
with Table 1,[1] this chapter and Chapter 108.
A.
Sketch plan.
(1)
The applicant shall provide a clearly marked sketch
plan in accordance with Table 1,[2] this chapter and Chapter 108. The sketch plan shall include the subdivision name. The proposed name shall not be identical to or closely approximate the name of any other subdivision already existing in the Village.
[2]
Editor's Note: Table 1 is located at the end
of this chapter.
(2)
The purpose of this plan is to coordinate the objectives
of the Planning Board and the applicant and to prepare the details
in a manner as prescribed in these regulations for the preparation
of the preliminary plat. This coordination shall be accomplished by
the Building Department or Village Engineer and shall accommodate
the requirements of the Planning Board or other authorized designee.
(3)
General road locations, plot layout and drainage method
and its effect on lot layout shall be determined at this time.
(4)
Where the tract of land is to be developed in sections,
interrelationships shall be determined and section boundaries shall
be defined for overall site design.
[Amended 2-1-1996 by L.L. No. 2-1996]
(5)
Where application of § 7-738 of the Village Law is indicated, refer to § 146-10, Cluster subdivisions.
(6)
The completion of this phase shall be the acceptance
of the preliminary plat and/or yield plan and cluster plan by the
Planning Board.
B.
Preliminary plat.
(1)
The preliminary plat and/or cluster plan shall be submitted by the applicant and shall be signed and dated by the Village Clerk at the first Board meeting following submission of the plat by the applicant. This is the date of receipt and shall be recorded on the application form. The time periods for review of a preliminary plat shall not begin until the application is deemed complete in accordance with Subsection B(6).
(2)
The applicant shall provide an application and public
hearing fee as specified in the Village fee schedule.
(4)
If the proposed subdivision is within 500 feet of
any town or Village boundary line or state or county, park, road,
drainage channel, building or institution, the Planning Board shall
send three copies of the plat to the Suffolk County Planning Commission
for its review. If the Commission disapproves or recommends modification,
the Planning Board may overrule with a vote of majority plus one of
all of its members and shall by resolution state its reasons.
(5)
The approval, by the Planning Board, of road locations,
plot layout and general drainage method are the prime objectives of
this phase of the approval procedure.
(6)
A preliminary plat shall not be considered complete
until:
(a)
Receipt of the application, plats, plan and
such additional documents as the Planning Board deems necessary to
complete the application for purposes of its review and providing.
(b)
A negative declaration has been filed or until
a notice of completion of the draft environmental impact statement
has been filed in accordance with the provisions of the State Environmental
Quality Review Act[4] and Chapter 70 of the Code of the Village of Islandia, New York.
[Amended 1-2-2003 by L.L. No. 2-2003]
[4]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
(7)
Within 60 days of the date of a complete application,
the Planning Board shall hold a public hearing at which the applicant
or his representative shall be present. This hearing shall be advertised
by the Planning Board at least once in a newspaper of general circulation
in the Village at least 10 days before such hearing. The applicant
shall notify all real property owners within 200 feet of the proposed
subdivision by certified mail, return receipt requested and shall
provide evidence that notification was delivered at least 10 days
before the public hearing. Failure to provide such evidence may be
cause to cancel the hearing and reschedule such hearing within 60
days of the canceled hearing date.
[Amended 4-1-2002 by L.L. No. 3-2002]
(8)
Within 60 days after the date of such hearing, the
Planning Board shall approve with or without modification or disapprove
such preliminary plat. Grounds for a modification, if any, or for
disapproval shall be stated upon the records of the Planning Board.
Within five days of the decision, the plat and resolution shall be
certified by the Village Clerk and a certified copy of said certified
plat and resolution setting forth the decision shall be provided to
the applicant. Following preliminary approval the applicant shall
comply with final plat requirements.
(9)
In the event that the Planning Board fails to take
action within the prescribed time period for review, the plat shall
be deemed to have been granted preliminary approval. However, the
time in which the Planning Board must take action may be extended
by mutual consent of the applicant and the Board.
(10)
Within six months of the approval of the preliminary
plat, the applicant shall submit the plat in final form. At the end
of the period, the Planning Board may revoke approval or may grant
an extension of up to six months, with or without conditions. If the
plat in final form is not submitted within this extension period,
the preliminary approval shall be deemed to be null and void.
C.
Final plat. After preliminary plat approval, the applicant
shall supply final plat plans. This submission shall include a drainage
and improvement plan and a plat in final form. Such plans shall reflect
compliance with any conditions of preliminary approval.
(1)
Drainage and improvement plan.
(a)
(b)
Lots shall be laid out as to provide positive
drainage away from all buildings. Individual lot drainage shall be
coordinated with the overall drainage system. Drainage swales shall
be designed to avoid concentration of stormwater from each lot to
adjacent lots. Where necessary, leaders, gutters, dry wells and/or
yard drains may be required to avoid concentrations or pocketing of
stormwater.
(c)
The applicant shall be notified of approval
or disapproval. If disapproved, the reviewing agency shall identify
the errors or omissions which caused the submission to be disapproved.
When approved, the plans shall be so stamped and signed by the Village.
Upon approval, the applicant shall be provided with an itemized list
showing bond amounts, fees, inspection fees to be provided at the
time of final approval.
(2)
Plat in final form.
(a)
A plat in final form shall be submitted in accordance
with final plat requirements to the Clerk of the county for filing
and shall reflect determinations previously made in the approval procedure.
Its date of receipt shall be the first scheduled Planning Board meeting
following submission of a complete final plat to the Planning Board.
Within 60 days of the receipt of the plat, the Planning Board shall
hold a public hearing. However, if in the opinion of the Planning
Board there are no major changes from the plat submitted at the preliminary
plat public hearing, said public hearing may be waived. The fee for
final plat approval shall be as per the Village fee schedule.[7]
[7]
Editor's Note: The Village fee schedule is
on file in the office of the Village Clerk.
(b)
Within 60 days of the receipt of the plat in
final form by the Planning Board or within 60 days of a public hearing
if one is held, the Planning Board shall approve, disapprove or approve
with modifications the final plat. Such action shall be specified
by resolution. However, by the mutual consent of the applicant and
the Planning Board the time period for such action may be extended.
If the Planning Board fails to take action within the specified time
or within the extended time period mutually consented to, the plat
shall be deemed approved. Within five days of such resolution, the
plat shall be certified with conditions, if any, and mailed to the
applicant.
(c)
The applicant shall have 180 days to satisfy
the requirements on which approval has been conditioned and obtain
certification of the Planning Board, after which time approval shall
be deemed to have been terminated. This time period may be extended
by the Planning Board for two additional ninety-day periods with or
without conditions. Approval shall be also conditioned upon approval
of any other state, federal or local agency having jurisdiction.
(d)
At such time as conditions as specified above have been met, including payment of fees, acceptance of bonds, covenants and easements as well as meeting all requirements for a road opening permit (see Chapter 108), the Mayor shall sign the plat in final form. Within 60 days of this signing, the plat shall be filed in the office of the County Clerk. Failure to file within the required time period shall invalidate the approval. After said filing, the applicant may apply for building permits.
[1]
Editor's Note: Table 1 is located at the end
of this chapter.
All subdivisions shall comply with Chapter 108. The following additional land development regulations shall also apply.
A.
Contour lines of one-foot increments shall be shown
on the sketch plan, preliminary plan and drainage plan to a distance
of 50 feet from the boundaries of the site, unless otherwise specified.
B.
Any proposed plat within 1,000 feet of a public sanitary
landfill, a public waste disposal site or any site registered or under
investigation for environmental contamination by any federal, state
or local governmental agency shall be so noted on the final plat,
naming the facility and indicating the distance thereto. Each deed
written for plots within the proposed plat shall also state the name
of such facility and distance thereto.
D.
Lot layouts shall be arranged to avoid frontage on
major streets.
E.
Where terrain is of a critical nature, lot boundaries,
lot configurations and building location shall be so arranged so as
to minimize the need for alteration of existing topography and natural
vegetation.
F.
Driveways shall face the minor street and be as far
from the intersection as practical. Grading of all driveways shall
be designed to avoid bottoming of vehicles during ingress and egress.
Driveway gradients shall not exceed 12%. Vertical curves shall be
used to prevent gradient changes of over 5%. Building design and locations
shall accommodate these parameters.
G.
Where on-street parking is inadvisable, such as where
on-street parking obstructs or impedes egress of vehicles from a driveway
onto a street or where backing out from a driveway would be hazardous,
use of turnarounds or widened driveways may be required.
H.
Landscaping shall be provided on all surfaces which
are unpaved or devoid of structures. The following minimum planting
shall be provided on each plot: two trees are required on single frontage
lots, four are required on corner lots. These trees are to be in accordance
with the Village construction standards.Editor's Note: The Village
construction standards are on file in the office of the Village Clerk.
However, existing trees and vegetation may be utilized where, in the
opinion of the Planning Board, they fulfill the intent and purposes
of this section. All lawn areas shall be fine graded.
I.
Street design shall provide safe and efficient access
and circulation for both pedestrians and vehicles and shall be connected
to and effectively integrated with the existing and proposed street
pattern of the surrounding neighborhood.
J.
Parks. Natural areas, parks and playgrounds are vital
to a well-balanced community. Three percent of the site area, exclusive
of streets, shall be dedicated for park purposes. Where, in the opinion
of the Planning Board, the park site would be too small for effective
use, a recreation fee as specified in the fee schedule[2] shall be paid upon application for building permits. These
moneys shall be used for recreation purposes in the Village in accordance
with the direction of the Board of Trustees.
[2]
Editor's Note: The Village fee schedule is
on file in the office of the Village Clerk.
K.
Monuments. Monuments shall be located so as to define
intersection of all angles and points of curvature on the boundary
of the site, and al open spaces, all recharge areas, all rights-of-way
and shall be in accordance with the Village construction standards.[3]
[3]
Editor's Note: The Village construction standards
are on file in the office of the Village Clerk.
L.
Fencing and other access restrictions. Where appropriate,
fencing or other access restrictions shall be required and shall be
shown on the final plat and be the responsibility of abutting property
owners in the subdivision. Such special requirements shall be made
part of all applicable deeds.
M.
Stormwater pollution prevention plans. An approved stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control, of this Code shall be required for preliminary and final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control. The approved subdivision plat shall be consistent with the provisions of Chapter 143, Part 2, Stormwater Management, Erosion and Sediment Control.
[Added 3-4-2008 by L.L. No. 3-2008]
A.
An applicant may make written application to the Village
Board for authorization to cluster.
B.
The Village Board may mandate cluster design in accordance
with § 7-738 of the Village Law.
C.
When a cluster subdivision is authorized, the sketch
plan shall be used to determine the number of permitted lots within
the cluster subdivision. Such a plan shall be clearly marked "Yield
Plan."
[1]
Editor's Note: See § 7-738 of the
Village Law.
