[HISTORY: Adopted by the Board of Trustees
of the Village of Belle Terre 11-16-1993 as L.L. No. 3-1993. Amendments noted where
applicable.]
GENERAL REFERENCES
Coastal erosion hazard areas — See
Ch. 63.
Excavations — See Ch. 70.
Fire prevention and building construction — See Ch. 78.
Flood damage prevention — See Ch. 86.
Land clearing, tree preservation and grading — See Ch. 99.
Streets — See Ch. 136.
Zoning — See Ch. 170.
Fees — See Ch. A175.
The procedure for subdivision of land shall
be as follows:
A.
Prepare a preliminary map and file with the Village
Clerk six paper prints, together with application forms filled out
and acknowledged at least two weeks prior to the regular meeting of
the Planning Board. The acreage should be computed to two decimal
places in all instances.
C.
Upon receipt of this information, a tentative report
will be prepared as a result of a field inspection. This report will
contain recommendations and information relative to whether the preliminary
map meets with all the requirements of the rules and regulations.
D.
At a meeting, the Planning Board will review the report,
consider all phases of the proposed subdivision and either approve
or disapprove the preliminary map, whereupon the developer will be
notified in writing.
E.
If approved, the developer can then proceed with the
staking of the center lines, taking all necessary profiles and establishing
road grades as recommended by the Planning Board, computing the map,
preparing the final map and other details as outlined in the rules
and regulations. The developer will also submit the cloth original
to the New York State Department of Health for its approval.
F.
When all of the above has been complied with and at
least 15 days before a meeting of the Planning Board, the developer
will file with the Planning Board a finished cloth original and prints
with the approval of the New York State Department of Health, together
with all necessary details requested by the Planning Board.
G.
When the Planning Board receives this information,
a field inspection of the proposed subdivision will be made, and the
Planning Board will compile a final report, which may include, among
other things, a detailed list of all improvements and construction
items and also an estimate of the cost of construction; whereupon
a notice of hearing will be inserted in a newspaper in general circulation
in the location of the proposed subdivision.
H.
At a meeting of the Planning Board, as stated in the
notice of public hearing, the subdivision will, by resolution, be
approved or disapproved in its final phase. A copy of this resolution
and report will be forwarded immediately to the Village Board of Trustees
in connection with the approval of the bond, if any, and all other
items over which it has control, as provided in the Village Law.
The application for approval of a subdivision
shall be as follows:
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To the Planning Board of the Village of Belle
Terre:
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The undersigned applicant hereby applied for
(tentative) (final) approval of a subdivision map in accordance with
§ 7-728 of the Village Law and the rules and regulations
of your Board and represents and states as follows:
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A.
The applicant is the owner of record of the land under
application.
B.
The name of the subdivision is to be: ..........
C.
The entire land under application is described in
Exhibit A hereto annexed (copy of deed or lawful proof of title).
D.
The land is held by the applicant under deeds recorded
in Suffolk County Clerk's office as follows:
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Liber ..........,
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Page .......... ;
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on .......... .
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Liber ..........,
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Page .......... ;
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on .......... .
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Liber ..........,
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Page .......... ;
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on .......... .
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E.
The area of land is .......... acres.
F.
All taxes which are liens on the land at the date
hereof have been paid.
G.
The land is encumbered by .......... mortgage(s) as
follows:
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Mortgage recorded in Liber ........, Page ........
in
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original amount of $ ........, unpaid amount
$ ..........,
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held by .........., address .......... .
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Mortgage recorded in Liber ........, Page ........
in
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original amount of $ ........, unpaid amount
$ ..........,
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held by .........., address .......... .
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Mortgage recorded in Liber ........, Page ........
in
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original amount of $ ........, unpaid amount
$ ..........,
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held by .........., address .......... .
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H.
There are no other encumbrances or liens against the
land.
I.
The land lies in the following zoning use districts:
.......... .
J.
No part of the land lies under water, whether tidewaters,
stream, pondwater or otherwise, except .......... .
K.
The applicant will at his own expense install the
required public improvements in accordance with standards and specifications
adopted by the Village and/or Planning Board.
L.
Water mains will be laid by .........., and (a) (no)
charge will be made for installing said mains. A letter from the public
utility must accompany this application stating a definite time when
water service will be made available to the subdivision (Exhibit B).
M.
Electric lines and standards will be installed by
.........., and (a) (no) charge will be made for installing said mains.
A letter from the public utility must accompany this application stating
a definite time when electric service will be made available to the
subdivision (Exhibit C).
N.
Gas mains will be installed by .........., and (a)
(no) charge will be made for installing said mains. A letter from
the public utility must accompany this application stating a definite
time when gas service will be made available to the subdivision (Exhibit
D).
O.
Telephone lines and standards will be installed by
.........., and (a) (no) charge will be made for installing said lines.
A letter from the public utility must accompany this application stating
a definite time when telephone service will be made available to the
subdivision (Exhibit E).
P.
If roads shown on the map are claimed by the applicant
to be existing public roads in the Village highway system, annex Exhibit
F hereto to show the same.
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It is further understood and agreed that by
filing the final application and map it will serve as an irrevocable
deed of dedication to the town of all roads, parks and all other areas
to be used by the public in this subdivision. All necessary deeds,
covenants and other papers in this connection are to be annexed to
this application, prior to final approval of the proposed subdivision.
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Q.
There are no existing buildings or structures on the
land which are not located and shown on the map.
R.
Submit a copy of proposed deeds for building sites
showing all restrictions, covenants, etc. (Exhibit G).
S.
The applicant estimates that the cost of grading and
required public improvements will be $ .......... as itemized in Exhibit
H hereto annexed and requests that the maturity of the performance
bond be fixed at .......... years. The performance bond will be written
by a licensed surety company unless otherwise shown on Exhibit I.
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Date
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.........., 20......
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.............................
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(Name of Applicant)
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By
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.................................
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(Signature and Title)
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...............................
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(Address)
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...............................
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(Telephone)
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STATE OF NEW YORK, ss.: ...............................
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County of .....................
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......................., being duly sworn, deposes
and says:
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That he resided at .............., State of
.............. ;that he has signed the foregoing application as the
applicant or the duly authorized officer of the applicant; that the
statements in the said application contained are true.
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..................................
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(Applicant or Officer)
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Sworn to before me, this
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......... day of ............, 20......
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Notary Public # ............
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...............
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............... County, New York
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My commission expires ..........., 20......
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Initial fee paid: Amount $ ..........
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Date ..........., 20......
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[Amended 9-20-2016 by L.L. No. 2-2016]
As used in this chapter, the following terms
shall have the meanings set forth below:
A portion of a subdivision or other parcel of land intended
as a unit for transfer of ownership or for development.
A minor road having one end open to traffic and being permanently
terminated by a vehicle turnaround. It shall have a minimum diameter
of turnaround of 100 feet.
A grant by the property owner of the use of a strip of land
by the public, a corporation or persons for specific purposes.
Road pavements, with or without curbs or gutters, sidewalks,
water mains, sanitary and storm sewers, roadside trees and plantings,
lighting standards and other appropriate items.
A road which serves or is intended to serve as an approved
major trafficway within the Village.
A comprehensive plan which has been adopted by the Planning
Board indicating the general locations for the roads, parks, public
buildings, zoning districts and other public improvements that may
be indicated on a map or series of maps.
A public road supplementary to a major road and of limited
continuity which serves or is intended to serve the local needs of
a neighborhood or section.
The official Planning Board of the Village of Belle Terre
shall consist of five members appointed by the Mayor to advise the
Trustees on matters relating to the general welfare of the Village.
[Amended 1-20-2004 by L.L. No. 1-2004]
A right-of-way dedicated to public use, subject to Village
ordinances.
A division of a tract or parcel of land into two or more
lots or other divisions of land for the purpose, immediate or future,
of transferring ownership or development, including all changes in
roads or building sites.
SUBDIVISIONAny division of land which creates two or more lots, with or without new streets.
RESUBDIVISIONAny alteration of lot lines or dimensions of lots previously created, including lots shown on a subdivision map previously approved by the Planning Board and lots created prior to the requirement of Planning Board approval.
The Board of Trustees of the Village.
The Incorporated Village of Belle Terre, Suffolk County,
New York.
A.
No person, firm or corporation proposing to make or
have made a subdivision within the territorial limits of the Village
shall make any contract for the sale of or shall offer to sell said
subdivision or any part thereof or shall proceed with any construction
work of any kind on the proposed subdivision which may affect the
arrangement of roads, including clearing, grubbing, grading or other
works, until he or it has obtained from the Planning Board the approval
of the final map and the approval of the Trustees.
B.
It is suggested that the subdivider or his engineer
consult with the Planning Board while the map is in sketch form and
before the preliminary map is prepared to ascertain the location of
proposed thoroughfares, zoning use districts and other planned projects
and relative developments.
C.
The tentative approval of the preliminary map by the
Planning Board is revocable and does not constitute acceptance of
the subdivision. It is to be considered only as approval of the design,
with the understanding that the New York State Department of Health
and all other proper administrative officials will examine the layout
and, if necessary, make all field inspections and other investigations,
including the grades of all roads, the type of improvements and the
layout of the drainage, sewerage and water system, as proposed, and
may modify any planning or construction details whenever the protection
of the public interest may so require.
D.
Tentative approval of a preliminary map is to be effective
for one month unless extended by the Planning Board. No tentative
approval may extend beyond a period of six months.
E.
The final map of any portion of a larger subdivision,
the preliminary map of which has been tentatively approved, may be
submitted for final approval.
F.
The subdivision and improvements shall conform in
all respects to all of the ordinances of the Village.
G.
The horizontal scale of maps shall be 100 feet or
less to the inch, and the plans and profiles in connection with road
grades and all other contingencies shall be on appropriate scales
to report the true condition with the minimum of distortion.
H.
Maps and other submissions shall be clearly identified
with the name of the subdivision, the location of the property, the
name and address of the developer and the organization preparing the
submissions. All maps shall have the scale indicated, be dated and
indicate true and magnetic meridians.
I.
All road construction shall conform to the specifications
of the Suffolk County Highway Department.
A.
Roads shall conform in effect to the Master Plan.
B.
The proposed subdivision and its ultimate use shall
be in the best interests of the public welfare and the neighborhood
development of the area, and the subdivider shall present evidence
to this effect when and if requested by the Planning Board.
C.
The tract to be subdivided should not be a part of
or encroach upon an area or areas designated in the Master Plan for
future public facilities.
D.
Major roads shall be provided with parallel roads
or such other medium of access as may be appropriate to the conditions.
E.
The right-of-way for major roads shall be 100 feet;
for minor roads 50 feet and for pedestrian passways 10 feet, if required.
F.
Side lines of building sites shall be approximately
at right angles or radial to the road line.
G.
Narrow building sites are not desirable.
H.
Trees, natural growth and topography must be preserved.
Approved trees and other planting where none now exist shall be provided.
I.
The Planning Board may specify, to the extent required,
the allocation of playfields, parks and other open public spaces that
may be essential to a proper development of the areas or neighborhood.
J.
In any particular case where because of topographic
or other conditions compliance with the foregoing provisions would
cause practical difficulty or unnecessary hardship, the Planning Board
may vary these provisions, provided that it can be done in such a
way as to grant relief and at the same time to carry out the intent
of these regulations in harmony with existing conditions in the Village.
A.
Requirements for all improvements, including paved
area, storm drainage, water supply, fire hydrants, sewerage disposal,
lighting standards, road signs and all other types of improvements
shall be as specified by the Planning Board.
B.
Approval of the final map is contingent on evidence
that the improvements as required have been made or that sufficient
surety to completely cover the same has been approved by the Trustees
as provided in the Village Law.
C.
In lieu of making the improvements as specified by
the Planning Board, the subdivider may present to the Trustees a performance
bond sufficient to cover the full cost of all the improvements as
estimated by the Planning Board. Such performance bond shall be issued
by a bonding or surety company, approved by the Village Attorney as
to form, sufficiency and manner of execution. Such performance bond
shall run for a period of not more than two years; provided, however,
that the term of such performance bond may be extended by the Trustees
with the consent of the parties thereto. If the Trustees shall decide
at any time during the term of the performance bond that the extent
of building development that has taken place in the subdivision is
not sufficient to warrant all the improvements covered by such performance
bond or that required improvements have been installed as provided
in the Village Law in sufficient amount to warrant reduction in the
face amount of said bond, the Trustees may modify its requirements
for any or all such improvements and the face value of such performance
bond shall thereupon be reduced by an appropriate amount so that the
new face value will cover the cost in full of the amended list of
improvements required by the Planning Board, and any security deposited
with the bond may be reduced proportionately. In the event that any
required improvements have not been installed as provided in the Village
Law and as requested by the Planning Board within the term of such
performance bond, the Trustees may thereupon declare the performance
bond to be in default and collect the sum remaining payable thereunder,
and upon the receipt of the proceeds thereof, the Village shall install
such improvements as are covered by such performance bond and are
commensurate with the extent of building development that has taken
place in the subdivision but not exceeding in cost the amount of such
proceeds.
A.
The preliminary map shall consist of a complete and
accurate survey of the entire property involved in the subdivision.
This survey shall give the courses and distances of all boundaries;
the grades and lines of adjoining roads, pavements and adjoining properties;
all structures, the rights, restrictions, easements and boundaries
and contours of the property at five-foot intervals and full information
as to sewer, water, gas, telephone and electric service which may
exist. It shall also show wooded areas.
B.
Upon this survey or on a separate map, if desired,
the complete development of the property, including proposed roads,
building sites, changes in topography and full information as to public
utilities and other improvements, shall be indicated. Zoning requirements
shall also be indicated.
C.
Where the property owned by the developer extends
beyond the corporate limits of the Village, the preliminary map shall
show the entire property, with the Village limits clearly indicated.
A.
After approval of the preliminary map by the Planning
Board and the fulfillment of the requirements of these regulations
and any other requirements specified by the Planning Board, then the
original map together with the necessary prints for filing shall be
submitted to the Planning Board for final approval and signatures.
B.
Action must be taken by the Planning Board within
two months after submission of the map.
C.
Upon approval by the Planning Board, the developer
shall record the map with the County Clerk within three months. If
not recorded within this time, said approval of the Planning Board
shall be null and void.
D.
A true mechanical copy of the final map to be recorded
shall be made on tracing cloth for the files of the Planning Board.
E.
The final map shall contain the following:
(1)
The exact location, width and name of all roads within
and adjoining the map. The name of a road shall not duplicate that
of any existing road. Proposed road names shall be checked with the
proper authorities.
(2)
True angles and distances to the nearest established
road lines or official monuments (not less than three) which shall
be accurately described on the map.
(3)
Village lines accurately tied to the lines of the
subdivision by distances and angles.
(4)
Radii, internal angles, points of curvature, tangent
bearings and lengths of all arcs.
(5)
All easements for rights-of-way provided for public
services or utilities.
(6)
All building site numbers and lines, with accurate
dimensions in feet and hundredths.
(7)
An accurate location of all monuments, which shall
be concrete six inches by six inches by 30 inches. One such monument
shall be placed at each corner and at each change in direction of
the boundary; and two such monuments shall be placed at each road
intersection and at the beginning and end of curves on one side of
the road.
(8)
Accurate outlines and legal descriptions of any areas
to be dedicated or reserved for public use, with the purposes indicated
thereon, and of any area to be reserved by deed covenant for common
uses of all property owners.
(9)
Building setback lines accurately shown with dimensions.
(10)
Protective covenants, which shall be recorded
with the final map.
(11)
Certification by registered surveyor to the
effect that the map represents a survey made by him and that the monuments
shown thereon exist as located and that all dimensional and geodetic
details are correct, guaranteed to the Village of Belle Terre.
(12)
The proper form for the approval of the Planning
Board with space for its signatures and other official's.
A.
Poles for electric light or telephone lines should
be placed along rear lot lines, wherever practicable.
B.
Where planting of trees is required, it shall be done
to the approval of the Planning Board.
C.
Major roads shall be planned with pavement 20 feet
wide, two shoulders totaling eight feet wide and two planting strips
totaling 72 feet wide. Minor roads shall be planned with pavement
18 feet wide, two shoulders totaling six feet wide and two planting
strips totaling 26 feet wide.
D.
Pavement shall be constructed as follows:
(1)
Remove all loose and spongy material and replace with
load-bearing material. Grade, align and carefully smooth and roll
subgrade to a good load-bearing surface.
(2)
Lay 21/2 inches of coarse asphaltic concrete by mechanical
means to a smooth even surface.
(3)
Provide two sealing coats of asphalt and fine stone.
[Added 6-17-1997 by L.L. No. 1-1997]
Land may be required to be reserved for park
and recreation purposes in locations where the Planning Board deems
such reservation to be appropriate, with the approval of the Village
Board of Trustees. Each reservation shall be of suitable size, dimensions,
topography and general character and shall have adequate street access
for that purpose. No more than 10% of the gross land area in a subdivision
may be required for such purposes, with a desirable minimum of five
acres to be reserved. Alternatively, in cases where a reservation
of land would be inadequate in size or otherwise inappropriate for
such use, the Planning Board shall waive the requirements for such
reservation and shall require that the applicant deposit with the
Village Clerk a cash payment in lieu of land reservation. Such deposit
shall be in an amount established by resolution of the Village Board
and shall be placed in a trust fund to be used for the purchase and
development of park and recreation areas serving the neighborhood
encompassed by the Village.
[Added 9-20-2016 by L.L.
No. 2-2016]
A.
Alteration of lot lines.
(1)
In the case of a resubdivision which would alter lot lines or dimensions
of lots previously created. the Planning Board may modify or waive
any provision of these subdivision regulations. including the provisions
related to submission. approval and filing of a final plat. provided
that:
(a)
The resubdivision would not create any additional lots;
(b)
Each of the involved lots have been in single and separate ownership in accordance with said definition contained in § 170-1 herein;
(c)
The resubdivision would not cause any existing lots to become
nonconforming or substandard;
(d)
The resubdivision would not cause any existing structures on
any lot to now require a variance;
(e)
The resubdivision would not alter any street;
(f)
The proposed alteration of lot lines shall be reviewed by a
licensed engineer or other acceptable planning professional (at owner's
expense) who shall submit a letter to the Planning Board stating that
the proposed alteration:
(g)
The sketch plan submission shall include an accurate survey
of the existing lots, the proposed alteration thereof and the lots
resulting from such alteration including the building envelope of
each; and
(h)
Prior to granting sketch plan approval, the Planning Board shall
hold a public hearing on the proposed alteration if there was a previous
subdivision related to either involved lot granted by the Planning
Board.
(2)
If the Planning Board waives the provisions relating to submission,
approval and filing of a final plat:
(a)
The sketch plan approval shall constitute the basis for the
approved alteration of the lot line; and
(b)
The sketch plan approval shall expire six months after the date
of such approval, unless within such time the subdivider shall have
recorded in the Office of the Suffolk County Clerk a deed or deeds
transferring the land area or areas involved in the alteration to
or among the appropriate existing lot or lots, such that any land
area being transferred shall merge of record in the same ownership
with the appropriate existing lot, and such that each lot resulting
from the alteration shall be placed of record in single and separate
ownership.
