Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of, or any offer to sell any lots
for such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his authorized agent shall apply in
writing for approval of such proposed subdivision in accordance with
the following procedure.
[Amended 12-3-1985]
A.
In order to familiarize himself with these regulations, any owner
of land, prior to subdividing, shall submit a sketch plan to the Planning
Board to establish a general agreement on the plat concept and specific
recommendations, where appropriate, so as to expedite the subdivision
procedure.
C.
The subdivider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the requirements of these
Subdivision of Land Regulations for street improvements, drainage,
sewerage, water supply, fire protection, natural features and resources
protection and similar aspects, as well as the availability of existing
services and other pertinent information.
D.
The Planning Board shall determine whether a major or minor subdivision
application, as defined in these Subdivision of Land Regulations,
shall apply.
E.
The Planning Board may require, when it deems necessary for the protection
of the public health, safety and welfare, that a minor subdivision
application comply with some of the requirements specified for major
subdivisions.
F.
The Planning Board shall determine whether the sketch plan meets
the purposes of these Subdivision of Land Regulations and shall, where
it deems necessary, make specific recommendations to be incorporated
by the applicant in the next submission to the Planning Board.
G.
Subsequent to the sketch plan classification as to the nature of
the subdivision, the procedure to be followed by the subdivider shall
be as set forth in this article.
H.
Approval of the sketch plan shall expire six months after the date
of such formal action, unless a proper application for a subdivision
has been submitted to the Planning Board. No further Planning Board
action will be taken after such expiration, until a new sketch plan
has been submitted or the plan is resubmitted.
I.
The sketch plan shall be based on Tax Map information or land survey
and other available data at a scale not less than 200 feet to the
inch, to enable the entire tract to be shown on one sheet. The sketch
plan shall be submitted, showing the following information:
(1)
The location of sections to be subdivided and their priority in relation
to the entire subdivision tract and the distance to the nearest existing
street intersection.
(2)
All existing structures, wooded area, marshes, lakes, ponds, streams
and other significant physical features, including contours at not
more than ten-foot intervals in the subdivision and within 200 feet
of its boundaries.
(3)
The name of the landowner and subdivider, including members of any
corporation or similar agency, and any contiguous property held by
the landowner seeking subdivision and the names of all adjoining property
owners, as disclosed by the most recent tax records.
(4)
The Tax Map sheet, block and lot numbers, if available, or signed
land survey.
(5)
All utilities available and all streets which are either proposed,
mapped or built.
(6)
The proposed pattern of lots, including typical lot width and depth,
street layout, recreation areas, method of drainage, sewerage and
water supply within the subdivided area.
(7)
All existing restrictions on the use of land, including easements,
covenants or zoning district lines and zoning districts.
A.
Application standards. The subdividing owner or his agent shall file
at the Village Office an application for conditional approval of a
preliminary plat of a proposed subdivision, which shall be in compliance
with the Zoning Code of Sag Harbor,[1] with the Sanitary Code of the Suffolk County Health District,
including the most recent regulations of the Suffolk County Department
of Health or Department of Environmental Control, and with the requirements
of these regulations.
B.
Items to be submitted.
(1)
Application affidavit.
(2)
Application fee as required in the Village fee schedule for each
lot in the proposed subdivision, excluding parcels set aside as open
space, parks or recharge areas. A fee schedule shall be established
by the Board of Trustees, and amended on an as needed basis by further
resolution. A copy of the fee schedule shall be on file with the office
of the Village Clerk and the Building Department. This fee is not
refundable.
[Amended 5-8-2007 by L.L. No. 9-2007]
C.
Time of submission of application. The official time of submission
of an application shall be the date of a regular or special meeting
of the Planning Board at least 14 days prior to which the application,
clearly addressed to the Planning Board has been filed at the Village
Office. It shall be the responsibility of the subdivider to ensure
that his submission is complete according to the requirements set
forth herein. The Planning Board shall notify the subdivider promptly
as to the acceptability or nonacceptability of his submission.
D.
Discussion and conditional approval.
(1)
Meeting with applicant. At any meeting of the Board, called for the
purpose of reviewing an application and preliminary layout, the proposed
subdivision shall be discussed, as well as any modifications or changes
which may be suggested. The required improvements which shall be waived
or added, if any, should be considered at this time.
(2)
Subsequent action by Planning Board. Thereafter the Board shall take
formal action to approve, disapprove or approve with modifications
the preliminary plat. The Board shall communicate in writing to the
applicant the specific changes in the preliminary layout and other
conditions it will require as a prerequisite to the approval of the
final subdivision plat to be submitted as hereinafter provided.
(3)
Failure of the Planning Board to take such formal action within 60
days of the time of submission shall constitute a conditional approval
of the preliminary plat.
[Amended 1-22-1975]
(4)
Expiration of approval. The Planning Board approval of the preliminary
plat shall expire six months from the date of such formal action.
If the developer shall fail to make his final submission within this
time, he shall resubmit his preliminary layout for tentative approval.
A waiver for a reasonable period of time may be given in cases of
hardship upon petition to the Planning Board.
A.
Application standards. The subdividing owner or his agent, after
receiving notification of Planning Board suggestions with respect
to the preliminary plat, shall file with the Board an application
and final plat as hereinafter specified for approval. The final plat
shall conform substantially to the preliminary plat as approved and,
if desired by the subdivider, it may constitute only that portion
which he proposes to record and develop at the time. No portion of
a subdivision will be accepted, however, unless such portion:
B.
Items to be submitted.
(1)
Application affidavit.
(2)
Application fee as required in the Village fee schedule. A fee schedule
shall be established by the Board of Trustees, and amended on an as-needed
basis by further resolution. In addition to the above-enumerated fees,
the applicant shall pay the reasonable review and inspection fees
of the Engineer and the environmental consultants for the Village
in reviewing the applicant's submissions and inspecting the site
and work performed and for rendering such other advice to the Village
with respect to the proposed subdivision. Copies of the fee schedule
for applications and for the Village Engineer, planning and/or environmental
consultant shall be on file with the office of the Village Clerk and
the Building Department.
[Amended 10-25-1983 by L.L. No. 10-1983; 5-8-2007 by L.L. No.
9-2007]
(3)
Final plat in accordance with specifications in § 240-24. Six black and white prints (three cloth and three paper), stamped with the approval of the Suffolk County Department of Health and the Suffolk County Department of Environmental Control.
(4)
Final street and drainage plans (original linen and three black and white prints) which include detailed plans of all stormwater drainage facilities, street plans and profiles. These plans are an integral part of the final submission and are the basis for the performance bond estimate and inspection fee. The final street and drainage plans shall be prepared by a licensed professional engineer and shall conform to the requirements of § 240-25 hereof.
(5)
Copies of such covenants and deed restrictions, approved by the Village
Attorney and the Village Board, as are intended to cover all or part
of the tract.
(6)
Formal offers of cession to the Village of land offered for public
roads or park dedication, but approval of the plat by the Planning
Board shall not constitute acceptance of the dedicated lands by the
Village Board.
(7)
Letters from the utility companies or agencies which serve the area
assuring provision of necessary service to the proposed subdivision,
if applicable.
C.
Time of submission of application. The official time of submission shall be as defined for the preliminary plat in § 240-7B above.
D.
Public hearing and subsequent action by Planning Board.
(1)
A public hearing shall be held by the Planning Board after the submission
of the final plat for approval. Said hearing shall be advertised,
in a newspaper of general circulation in the Village, at least 10
days before such hearing, and posted in three prominent places at
least five days before the hearing. The Planning Board shall send
written notice to all adjoining property owners at least 10 days prior
to the public hearing.
[Amended 1-22-1975]
(2)
Action by Planning Board after public hearing. After such hearing
the Board shall approve, modify and approve, conditionally approve
or disapprove such plat and impose such conditions as may be deemed
necessary and lawful. A written notification of such action shall
be given to the subdivider.
E.
Performance bond; inspection and review fees.
(1)
Filing of the performance bond.
(a)
After the above formal approval by the Planning Board in regard
to the final plat, but before the certification of approval shall
be endorsed upon the final plat, the subdivider shall complete, in
accordance with the Board's decisions and to the satisfaction
of the Board, all required improvements, or alternately shall file
with the Board a performance bond satisfactory to the Village Attorney
and the Village Board, with an initial term of two years for the completion
of such improvements as are not constructed and improved prior to
the final approval of the plat, together with an inspection fee of
4% of the amount of the performance bond. The bond shall be referenced
to the approved final plat and final street and drainage plans.
(b)
The amount of the performance bond shall be based on the Village
Engineer's estimate of the total cost of the required capital
improvements plus a reasonable estimate of anticipated increased construction
costs during the life period of the bond. The Planning Board shall
adopt a resolution either approving or modifying the performance bond
estimate as recommended by the Village Engineer.
[Added 6-4-1985 by L.L. No. 11-1985]
(2)
Fees.
[Added 6-4-1985 by L.L. No. 11-1985]
(a)
The fee for field inspections shall be $200 for each inspection.
At the time the subdivider requests a field inspection as per these
regulations, be shall submit to the Village Treasurer a check in the
sum of $200. For each inspection required by the Planning Board due
to the subdivider's noncompliance with these regulations, an
additional $200 shall be delivered to the Village Treasurer before
the inspection is made.
(b)
If a subdivision is abandoned, no part of the inspection fees
or engineering review fee already paid to the Village will be returned
to the subdivider.
F.
Certification of approval of final plat.
(1)
By the Planning Board. Upon the Board's approval of a plat and the filing of the performance bond or alternatively, after completion of the required improvements, the approval of the Board shall be endorsed thereon, together with the date thereof, over the signature of the Chairman of the Board as specified in § 240-25.
(2)
By the Village Clerk upon failure of the Planning Board to act. If the Board has failed to act upon the final plat within the sixty-day time limit as set forth in Subsection D(3) above, such plat shall be deemed to be approved and the Clerk of the Village shall, upon demand of the subdivider, duly execute and issue a certificate thereon as follows:
[Amended 1-22-1975]
|
"This is to certify that this subdivision map was submitted
for approval to the Planning Board of the Incorporated Village of
Sag Harbor on the day of __________, 20__ and that said Planning Board
did not, within 60 days from and after said date, act as provided
in these regulations and that this certificate is herewith duly issued,
pursuant to said requirements and shall be sufficient in lieu of the
usual certificate or other evidence of approval required by said ordinance
and law."
| ||
|---|---|---|
|
Inc. Village of Sag Harbor
| ||
|
by
Clerk
| ||
G.
Filing of the approved plat with the County Clerk. Upon the completion
of the preceding steps and notation to that effect upon the plat as
hereinbefore provided, said plat shall be deemed to have final approval
and within 90 days thereafter, the subdivider must file the plat with
the Clerk of Suffolk County in Riverhead, New York. The subdivider
shall file with the Village Clerk one copy on cloth of the final subdivision
plat as filed with the County Clerk in Riverhead, with the County
Clerk's notations thereon with respect to file number, abstract
and filing date.
H.
Expiration of approval. Upon the failure of the subdivider to file
an approved plat with the County Clerk within 90 days of the date
of certification of approval, such approval shall expire.
All matters which are the subject of a mandatory referral or
notice to other agencies, as set forth in the enabling statutes, shall
be transmitted to the appropriate agencies by the Planning Board or
by the applicant in accordance with the requirements of those other
agencies.
A.
By County Planning Commission.
(1)
It is required in the Suffolk County Charter that, in certain
cases, local subdivision actions be reviewed by the County Planning
Commission for the purpose of coordinating and improving land development
decisions. This provision applies to any proposed plat of real property
lying within one mile of a nuclear plant or airport, or within a distance
of 500 feet from:
(a)
The boundary of any Village or town; or
(b)
The boundary of any existing or proposed county, state or federal
park or other recreation area; or
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway; or
(d)
The existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines; or
(e)
The existing or proposed boundary of any other county, state
or federally owned land.
(2)
The following information is to be submitted for referral:
B.
County Department of Public Works. Review of the preliminary plat
by the County Department of Public Works, pursuant to § 239-k
of the General Municipal Law,[1] is required in cases where plats front on or have access
to or are otherwise related to roads or drainage systems shown on
the County Map.
[1]
Editor's Note: Section 239-k was repealed by L. 1997, c. 451,
§ 2, eff. 7-1-1998. See now § 239-e of the General
Municipal Law.
C.
State Department of Transportation. The New York State Department
of Transportation is interested in reviewing subdivision applications
which involve any entrance, exit or construction upon state roads.
[Added 12-3-1985]
A.
Purpose of application; survey map and supporting materials.
(1)
The minor subdivision application, survey map and supporting materials
constitute the complete submission for such subdivision of land and
should include the recommendations resulting from the Planning Board's
review of the sketch plan, as well as the details of any public improvements.
After approval by the Planning Board, this complete submission becomes
the basis for the issuance of building permits, subject to any conditions
called for by such approval. To have legal status, the minor subdivision
application, survey map and Planning Board approval thereof must be
filed in the office of the Building Inspector.
(2)
The survey map shall be an accurate survey of the properties resulting
from the subdivision, together with sufficient date to permit the
plotting of the property on the Village Zoning Map.
B.
Information to be included in application.
(1)
The submission of an application for minor subdivision shall consist
of the following items:
(a)
Written request for a minor subdivision, as defined in these
Subdivision of Land Regulations.
(b)
Paper prints of the survey map, showing all contiguous holdings,
the arrangement of lots, their metes and bounds, adjacent landowners
and such other data required by these regulations in sufficient quantity
to allow the Planning Board to make all referrals. (Check with the
office of the Planning Board.)
(c)
Application fee.
(d)
Copies of legal instruments covering parkland dedications or
scenic and other forms of open space easements.
(e)
A copy of covenants or deed restrictions as are intended to
cover all or part of the tract.
(2)
The submission may, when called for by the Planning Board, require
the following items:
(a)
A letter directed to the Planning Board from the Suffolk County
Department of Health and/or the Suffolk County Environmental Control
Board, relative to the subdivision's meeting all appropriate
standards.
(b)
A drainage plan.
(c)
Letters from the utility companies or agencies which serve the
area assuring provision of necessary service to the proposed minor
subdivision, if applicable.
(d)
Letters in appropriate cases directed to the Planning Board,
signed by a responsible official of the State Department of Transportation
or the Suffolk County Department of Public Works, approving proposed
construction on state or county rights-of-way.
C.
Fees.
(1)
The application fee shall be as required in the Village fee schedule.
A fee schedule shall be established by the Board of Trustees, and
amended on as-needed basis by further resolution. A copy of the fee
schedule shall be on file with the office of the Village Clerk and
the Building Department.
[Amended 5-8-2007 by L.L. No. 9-2007]
(2)
The applicant shall also pay the reasonable engineering review and
environmental consultant fees of the Village's Engineer and environmental
consultant for services rendered to the Village in reviewing the applicants
submissions and rendering advice with respect to the proposed subdivision.
A copy of the fee schedule for the Village Engineer, planning and/or
environmental consultant shall be on file with the office of the Village
Clerk and the Building Inspector.
[Amended 5-8-2007 by L.L. No. 9-2007]
(3)
No park fee shall be required for a minor subdivision.
D.
Procedure.
(2)
The Planning Board shall hold a public hearing on the minor subdivision
application. Said hearing shall be advertised, in a newspaper of general
circulation in the Village, at least 10 days before such hearing and
posted in three prominent places at least five days before the hearing.
The Planning Board shall send written notice to all adjoining property
owners at least 10 days prior to the public hearing.
(3)
The Planning Board shall approve, modify and approve, conditionally
approve or disapprove the minor subdivision application, within 60
days from and after the time of submission of the minor subdivision.
For the purposes of this provision, the time of submission of a minor
subdivision shall be the date of the first meeting of the Planning
Board after a complete minor subdivision submission has been made.
(4)
The signature of the duly authorized Planning Board officer constituting
final approval of a minor subdivision shall expire 60 days after the
date of such signature, unless within such time the minor subdivision
shall have been filed in the office of the Building Inspector.
E.
Map requirements and notations.
(1)
The provisions with regard to map requirements for a major subdivision final plat shall apply where applicable as set forth in § 240-24, except that the size of the sheet shall be in multiples of eight by 14 inches.
(2)
The following note shall appear on all minor subdivision maps: "There
shall be no further subdivision of these premises without approval
of the Village of Sag Harbor Planning Board."
