[Added 5-17-1977]
[Amended 9-19-1978; 11-1-2016 by L.L. No.
27-2016]
A.
By the authority of the resolution of the Town Board of the Town
of Riverhead adopted on January 28, 1948, and amended on September
19, 1978, pursuant to the provisions of Article 16 of the Town Law
of the State of New York, the Planning Board of the Town of Riverhead
is authorized and empowered to approve plats showing lots, blocks
or sites, with or without streets or highways, and to approve preliminary
plats within that part of the Town outside the limits of any incorporated
city or village. The Planning Board is further authorized and empowered
to approve the development of plats already filed in the office of
the Suffolk County Clerk or Register of Suffolk County if such plats
are entirely or partially undeveloped. It is declared to be the policy
of the Planning Board to consider land subdivision plats as part of
a plan for the orderly, efficient and economical development of the
Town. This means, among other things, that 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;
that proper provision shall be made for drainage, water supply, sewerage
and other needed improvements; that all proposed lots shall be as
laid out and of such size as to be in harmony with the development
pattern of the neighboring properties; that the proposed streets shall
compose a convenient system conforming to the Official Map, if such
exists, and shall be properly related to the proposals shown on the
Master Plan, if such exists, and shall be of such width, grade and
location as to accommodate the prospective traffic, to facilitate
fire protection and to provide access of fire-fighting equipment to
buildings; and that proper provision shall be made for open spaces
for parks and playgrounds. In order that land subdivisions may be
made in accordance with this policy, this article, which shall be
known as and which may be cited as the "Town of Riverhead Land Subdivision
Regulations," has been adopted by the Planning Board and approved
by the Town Board.
B.
Notwithstanding the provision above, the Town Board shall be vested with such identical powers and authority as bestowed upon the Planning Board with respect to review and approval of plats showing lots, blocks and sites, be it related to major, minor or industrial subdivision of land, located within urban renewal designated areas pursuant to Article 15 of the General Municipal Law filed on or after the effective date of the adoption of this provision. To the extent the Town Board acts as the agency reviewing subdivision pursuant to this article of the Town Code, references to the "Planning Board" in connection with subdivision review shall be interpreted to mean the "Town Board." This provision, § 301-284B, is adopted pursuant to the statutory authority/supersession provisions set forth Municipal Home Rule Law and is consistent with Articles 15 and 15-A of the General Municipal Law and Chapter 423 of the Laws of 2013. It expressly supersedes any provisions of the Town Code of the Town of Riverhead and Articles 4 and 16 of Town Law of the State of New York, including §§ 271, 276, 277, 278 and 279.
[Added 9-19-1989]
A.
A standard yield plan shall be submitted to the Planning Board in its consideration of all subdivisions of land in order to determine the appropriate number of building lots which can be created from the subject tract. The standard yield plan shall conform in all respects to both the dimensional requirements set forth in this chapter and the Zoning Use District Schedule, as well as the provisions of this article. The location of land to be offered for dedication for recreational purposes to satisfy the requirements of this article shall be shown on the standard yield plan unless the Planning Board has determined that a fee will be accepted in lieu of a parkland dedication pursuant to § 301-289B(14). The standard yield plan shall exclude the following features from consideration as areas contributing to total lot yield:
(1)
Water surfaces.
(3)
Horizontal area of escarpments, bluffs or the seaward faces
of primary dunes.
(4)
Beaches below mean high water as defined by the United States Coast and Geodetic Survey Quadrangle Benchmark Elevations and tidal values for the respective area and any beach lying between the aforementioned mean high-water line and the area referenced in Subsection A(3) of this section.
(5)
Areas required for park dedication pursuant to this article.
(6)
Areas required for recharge of stormwater pursuant to this article.
(7)
Areas required for the provision of public highways pursuant
to this article.
(8)
Areas required for proposed utilities for public facilities,
except minor utility easements of direct service to the subdivision.
B.
For the purposes of this section, the "area contributing to total lot yield" and "lot area" shall not have identical meaning. The "total lot yield" shall be the total number of lots which will result from the division of a parcel of real property. The "lot area" of a proposed parcel may include areas described in Subsection A(1) through (4), provided that the proposed lot shall have the minimum lot area required by the respective zoning use district, exclusive of those areas described in Subsection A(1) through (4) of this section.
[Added 12-18-2007 by L.L. No. 42-2007; amended 12-16-2008 by L.L. No. 52-2008; 11-18-2014 by L.L. No.
21-2014]
A stormwater pollution prevention plan consistent with the requirements of the Code shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 275-6 of the Code. The approved final subdivision plat shall be consistent with the provisions of the Code. Land development/redevelopment activity, as the term is defined in Riverhead Town Code § 275-2, is expressly prohibited absent submission of a stormwater pollution prevention plan and approval by the Town of Riverhead's Stormwater Management Officer.
[Added 11-18-2014 by L.L. No. 21-2014]
As a condition of preliminary major and minor subdivision approval,
the applicant, applicant's agent, assigns or representative is prohibited
from conducting land development/redevelopment activity, including,
but not limited to, clearing, grading, excavating, soil disturbance
of any kind or degree, or the importation or placement of fill in
any composition or quantity on the subject property, inclusive of
its presently constituted use and condition.
A.
Procedure.
(1)
Sketch plan. A sketch plan prepared in accordance with Subsection B of this section may be submitted. The subdivider shall submit six paper prints of the sketch plan, clearly marked "Sketch Plan of Minor Subdivision," and a digital copy of the sketch plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plan, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine that the proposed minor subdivision does not create traffic, safety or drainage problems and does not significantly affect the development of surrounding properties. The Planning Board must be satisfied that the subdivision is not a plan to circumvent the Subdivision Regulations of the Planning Board of the Town of Riverhead for a larger parcel of property. If the Planning Board finds that the sketch plan, or sketch plan as modified, meets the purposes of this article, the subdivider or his agents may proceed with the preparation of a minor subdivision plan.
[Amended 4-19-2005 by L.L. No. 10-2005]
(2)
Minor subdivision plan.
(a)
The subdivider shall submit 10 paper prints of a map, clearly
marked "minor subdivision plan," in accordance with the requirements
herein set forth, and a digital copy of the minor subdivision plan
in a common computer-aided design (CAD) file format, among them DGN,
DXF and DWG, and the digital CAD drawing shall be protected in the
NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate
system. In the event that the minor subdivision plan is amended, the
subdivider shall submit a digital copy of each amendment to the minor
subdivision plan. If the subdivider has not submitted a sketch plan,
the Planning Board shall determine that the proposed subdivision does
not create traffic, safety or drainage problems and does not significantly
affect the development of surrounding properties, and the Planning
Board must be satisfied that the subdivision is not a plan to circumvent
the Subdivision Regulations of the Planning Board of the Town of Riverhead
for a larger parcel of property.
[Amended 4-19-2005 by L.L. No. 10-2005]
(b)
If the Planning Board
finds that the minor subdivision plan meets the purposes of this article,
the Planning Board will adopt a resolution approving the minor subdivision
plan and cause a copy of the resolution, together with a copy of the
minor subdivision plan, to be filed with the Building Inspector.
(c)
If the lots shown on the minor subdivision plan are not conveyed
or devised by will prior to a change or amendment to this chapter
which would make the lots nonconforming to this chapter, the approval
shall be deemed null and void.
(d)
Before granting final approval to a minor subdivision plan,
the Planning Board of the Town of Riverhead shall require a covenant
restricting the subdivision of any lot or remaining parcel of land
which could be further subdivided into lots meeting the area and width
requirements of this chapter until a major or minor subdivision plan
is submitted to the Planning Board complying with the rules and regulations
of the Planning Board for the subdivision and platting of land. The
instrument containing the hereinafter set forth covenant above referred
to must be recorded in the Suffolk County Clerk's office at the expense
of the subdivider, and a certified copy of the filed covenant shall
be submitted to the Clerk of the Planning Board of the Town of Riverhead.
The covenant shall be executed by the owner of the entire parcel of
land being subdivided and/or shall be executed by the purchaser of
a parcel of land, designated as a lot.
B.
Sketch plan. The sketch plan shall show the following information:
[Amended 9-20-1983]
(1)
The name of the owner or identifying title and the name of the
hamlet, town and county in which the land is located.
(2)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of sketch plan.
(3)
Tax Map numbers.
(4)
Location of property lines, existing easements, buildings, watercourses,
marshes, ponds, bulkhead lines and other essential existing features
on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts
and drains and numbered utility poles on the property and on the roads
or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths
of existing and proposed streets, highways, easements, alleys, parks
and other public open spaces and similar facts regarding the property
and the width of abutting streets.
(8)
Date, North point and scale.
(9)
Key map:
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivision indicating the dimensional
relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating building zone districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(10)
The proposed lot lines with appropriate dimensions.
(11)
Easements.
(12)
Area of lots and total acreage of entire tract and of each building
zone district within the tract.
(13)
Zoning district or districts.
C.
Minor subdivision plan. The minor subdivision plan shall be prepared
by a licensed surveyor or licensed engineer permitted to perform land
surveying pursuant to the State Education Law § 7208, Subdivision
m, and shall show the following information:
[Amended 9-20-1983; 12-4-1984]
(1)
The name of the owner or identifying title and the name of the
hamlet, town and county in which the land is located.
(2)
Names and addresses of record owner, subdivider, and engineer
or surveyor of design of minor subdivision plan.
(3)
Tax Map numbers.
(4)
Location of property lines, existing easements, buildings, watercourses,
marshes, ponds, bulkhead lines and other essential existing features
on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts
and drains and numbered utility poles on the property and on the roads
or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths
of existing and proposed streets, highways, easements, alleys, parks
and other public open spaces and similar facts regarding the property
and the width of abutting streets.
(8)
Date, North point and scale.
(9)
Easements.
(10)
Contours, when required by the Planning Board, and the contour
intervals as set forth by the Planning Board; and elevations of existing
roads, when required by the Planning Board, at points of change in
grade and at one-hundred-foot intervals.
(11)
Key map:
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivisions indicating the dimensional
relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating building zone districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(12)
An actual survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances.
(13)
The bearings and dimensions of the lines of each lot.
(14)
Area of each lot in square feet and total acreage of entire
tract and of each building zone district within the tract.
(15)
Zoning district or districts.
(16)
The approval of the Suffolk County Department of Health Services,
when required by the Planning Board, for the method of water supply
and sewage disposal.
D.
Application and fee.
(1)
A letter of application, together with the requisite number
of copies of the sketch plan for minor subdivision or the subdivision
plan of minor subdivision, shall be submitted to the Planning Board
at least 16 days prior to a regular meeting for consideration at that
meeting.
[Amended 12-6-1977; 10-30-1984; 6-4-2019 by L.L. No. 16-2019]
(2)
All applications for the consideration of a minor subdivision
shall be accompanied by a fee of $500, plus $200 per lot; if the lots
are merged or if an internal change in the lot lines occurs, the fee
shall be $500, plus $50 per lot; if a major subdivision is to be treated
as a minor subdivision, the fee shall be $500, plus $100 per lot;
if a minor subdivision is taken from a proposed major subdivision,
the fee shall be $500, plus $100 per lot.
[Amended 1-20-1987; 12-29-1989; 7-3-1990; 6-4-2019 by L.L. No.
16-2019]
(3)
The applicant shall erect a sign giving notice that an application
to the Planning Board is pending and giving the date, time and place
where the regular meeting for consideration of the application, or
adjourned date, will be held. The sign will be furnished by the Town
of Riverhead. It shall not be set back more than 10 feet from the
property line and shall not be less than two nor more than six feet
above the grade at the property line. It shall be displayed for a
period of not less than seven days immediately preceding a regular
meeting for consideration of the application or any adjourned date.
The applicant shall file with the Planning Board an affidavit that
he has complied with the provisions of this section. No application
shall be considered unless such affidavit has been filed.
(5)
Consistent with the legislative findings in § 301-289B(14) and § 301-304D(1), where the Planning Board deems it to be in the best interest of the residents of the Town of Riverhead to require the developer to establish recreational facilities to serve the residences created by the minor subdivision, and if the minor subdivision shall have insufficient or unsuitable land available within which to create recreational facilities, it shall require the developer to deposit a payment in the amount of $5,000 per each lot in the subdivision upon approval of final residential subdivision, site plan, special permit, conditional use or other plan effective immediately. In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $5,000 shall be paid to the Town of Riverhead upon the issuance of approval of final site plan or final subdivision each building permit for the construction of any such residential structures within the subdivision by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $5,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection D(5). Note that a developer may make application for a refund of fees within 120 days from the date of payment of fee or issuance of building permit, whichever is sooner, provided that no construction has commenced related to any such building permit.
[Added 8-15-2006 by L.L. No. 33-2006; amended 12-20-2011 by L.L. No.
26-2011; 2-6-2024 by L.L. No. 8-2024]
A.
Procedure.
(1)
Sketch plans. Three alternative sketch plans prepared in accordance with § 301-288B may be required to be submitted. One of the three sketch plans may be required to be a cluster development. The subdivider shall submit 12 paper prints of each sketch plan, clearly marked "sketch plan," and a digital copy of the sketch plan in a common computer-aided design (CAD) file format, among them DGN, DXF and DWG, and the digital CAD drawing shall be projected in the NAD 1983 State Plane New York Long Island FIPS 3104 (feet) coordinate system. In the event that the sketch plan is amended, the subdivider shall submit a digital copy of each amendment to the sketch plan. The subdivider will be advised of the time and place of the meeting when the Planning Board will consider the sketch plans, and the subdivider or his agents shall be present at this meeting or request an adjournment thereof. The Planning Board shall determine whether any of the sketch plans meet the purposes of this article and shall, where it deems necessary, make specific recommendations so that the subdivider or his agents may proceed with the preparation of a preliminary plat.
[Amended 5-16-1978; 9-20-1988; 4-19-2005 by L.L. No. 10-2005]
(2)
Preliminary plat. The subdivider shall submit 13 paper prints
of the preliminary plat, clearly marked "preliminary plat," in accordance
with the requirements herein set forth, and the Planning Board will
hold a public hearing in accordance with Subdivision 5 of § 276
of the Town Law. The subdivider shall submit a digital copy of the
preliminary plat in a common computer-aided design (CAD) file format,
among them DON, DXF and DWG, and the digital CAD drawing shall be
projected in the NAD 1983 State Plane New York Long Island FIPS 3104
(feet) coordinate system. In the event that the preliminary plat is
amended, the subdivider shall submit a digital copy of each amendment
to the preliminary plat. Subsequent to the preliminary plat hearing,
the Planning Board shall forward one copy of said preliminary plat
to the respective fire district. The fire district shall forward comments
to the Planning Board within 10 working days of referral.
[Amended 4-15-1997; 4-19-2005 by L.L. No. 10-2005; 6-7-2016 by L.L. No. 18-2016]
(3)
Final plat. The subdivider shall submit one linen print and
12 paper prints and shall submit the copies required for filing in
the County Clerk's office and may submit the linen tracing to the
Planning Board within the time and in accordance with the requirements
set forth in § 276 of the Town Law, in accordance with the
requirements herein set forth and in accordance with any other applicable
state law or local law, ordinance, rule, regulation or resolution.
The subdivider shall submit a digital copy of the final plat in a
common computer-aided design (CAD) file format, among them DGN, DXF
and DWG, and the digital CAD drawing shall be projected in the NAD
1983 State Plane New York Long Island FIPS 3104 (feet) coordinate
system. In the event that the final plat is amended, the subdivider
shall submit a digital copy of each amendment to the final plat.
[Amended 9-20-1988; 4-19-2005 by L.L. No. 10-2005]
(4)
Improvements. After the approval of the final plat, the subdivider
shall submit to the Town Board a properly executed performance bond
or other security as provided in § 277 of the Town Law,
in an amount to be determined by the Planning Board, for review and
approval by the Town Board. The performance bond shall run for a period
of two years, with such performance bond or other security to be extended,
upon written request, for two-year terms at the discretion of the
Town Board in an amount to be determined by the Planning Board for
such extension. There shall be a fee of $2,000 imposed for each two-year
extension granted beyond the initial two-year period. Nothing herein
shall extend the statutory Town Law provisions relating to an exemption
from amendments to this chapter and bulk area requirements beyond
the three years set forth in such statute. In the event that any required
improvements have not been installed or constructed within the term
of the original security agreement or its authorized extension(s),
the Town Board will thereupon declare the security agreement to be
in default and collect the sum remaining payable thereunder, and,
upon the receipt of the proceeds thereof, the Town shall install such
improvements as are covered by such security.
[Amended 3-4-1987; 2-22-2006 by L.L. No. 10-2006; 6-7-2016 by L.L. No. 18-2016]
(5)
Filing. Upon the approval of the final plat, signed by a duly
authorized officer of the Planning Board, the subdivider shall file
the plat in the office of the County Clerk within the time specified
in Subdivision 11 of § 276 of the Town Law.
[Amended 6-7-2016 by L.L. No. 18-2016]
(6)
The Planning Board will recommend to the Town Board the release
of the performance bond upon the satisfactory completion of all work
covered in the bond. After the Town Board and Highway Superintendent
have approved the improvements for acceptance and approved release
of the performance bond, the subdivider will be required to furnish
a one-year maintenance bond to be approved simultaneously with the
release of the performance bond, such maintenance bond to be in an
amount equal to 33 1/3% of the original face value of the performance
bond at the time of acceptance of public improvements. During the
one-year period of the maintenance bond, the subdivider will be responsible
for the repair, replacement or maintenance of all construction work,
materials, trees and landscaping.
[Added 3-4-1997]
B.
General requirements. The subdivider shall observe the following
general requirements and principles of land subdivision:
(1)
In general, the proposed subdivision shall conform to the Master
Plan, if any, affecting the area.
(2)
The arrangement of streets in the subdivision shall provide
for the continuation of principal streets in adjoining subdivisions
or for their proper projection when adjoining property is not subdivided,
and such streets shall be of a width at least as great as that of
such existing connecting streets.
(3)
In general, main highways and secondary highways shall be of
adequate width as may be designated by the Board. The width of minor
streets shall not be less than 55 feet.
(4)
Dead-end or cul-de-sac streets shall not in general exceed 400
feet in length and shall be equipped with a turnaround roadway having
a minimum radius equal to the width of the street.
(5)
Block lengths generally shall not exceed 1,200 feet in length.
(6)
Pedestrian walks or easements for underground utilities not
less than 10 feet in width may be required near the center of all
blocks over 800 feet in length.
(7)
Each normal block shall be planned to provide two rows of lots,
but irregularly shaped blocks indented by cul-de-sac streets and containing
interior parks will be acceptable when properly designed.
(8)
Curb radii at intersections shall be not less than 20 feet,
and property lines shall be adjusted accordingly.
(9)
Sidelines of lots, so far as practicable, shall be at right
angles or radial to street lines.
(10)
Reversed frontage of lots at street intersections shall be avoided
where possible.
(11)
Grades of all streets shall be the reasonable minimum but shall
not be less than 25% nor more than 5% for main thoroughfares nor more
than 10% for minor streets.
(12)
In case a tract is subdivided into larger parcels than normal
building lots, such parcels shall be arranged so as to allow for the
opening of future streets and logical further resubdivision.
(13)
Reserve strips. In general, no reserve strips controlling access
to land dedicated to public use will be permitted.
(14)
Park and playground sites.
[Amended 4-2-1991; 3-4-1997; 9-19-2000 by L.L. No. 9-2000; 8-15-2006 by L.L. No. 33-2006; 3-15-2011 by L.L. No. 6-2011; 12-20-2011 by L.L. No. 26-2011; 2-6-2024 by L.L. No. 8-2024
(a)
Legislative findings. The Town Board finds that the construction
of dwelling units and/or conversion of nonresidential building space
to dwelling units places a burden upon the Town's park and recreation
facilities. New York State Town Law §§ 274-a, Subdivision
6, and 277, Subdivision 4, authorize a local requirement that developers
of dwelling units set aside parkland or pay a fee in lieu thereof
to provide funds for the acquisition and improvement of park and recreational
facilities within a reasonable distance and within or proximate to
the neighborhood to the proposed construction of residential dwelling
units. Notwithstanding the above, the Town Board finds and determines
that the following park and recreational facilities, be it due to
its size, unique location or wide range of or offer of different improvements
attracting and utilized by the entire community, also described as
flagship parks, are in all respects neighborhood facilities available
to all residents of the Town: Veterans Memorial Park, Stotzky Park,
Police Officers Memorial Park, Wading River Beach, Iron Pier Beach,
and South Jamesport Beach. In order to manage residential development
consistent with Town's Comprehensive Plan and its recreational component,
Recreation Department's Master Plan, and recommendations and reports
of the Recreation Advisory Committee, the Town Board finds it necessary
to empower the Planning Board, or the Town Board as the case may be,
to review residential land use for the adequacy of future park and
recreational uses.
(b)
The Planning Board may require that land be reserved for park,
playground or other recreational purposes. The Planning Board may
require that a cash payment be deposited with the Town Board in a
special fund as required by § 277 of the Town Law where
the Planning Board deems that land would be inadequate and unsuitable
for use as a park, playground or other recreational purposes.
(c)
Land reserved for recreational purposes shall have an area of
five acres for each 100 lots shown on the plan, or proportional thereto.
Any parcel of land reserved for recreational purposes shall have an
area of at least one acre. In meeting these requirements, the Planning
Board may require or the developer may reserve more than one acre
within the subdivision for park, playground or recreational purposes,
but in no case shall any reserved area be of less than one acre.
(d)
Where the Planning Board deems it to be in the best interest to require the developer to deposit a payment, the amount to be paid shall be at the rate of $5,000 per each lot in the subdivision per each lot in the subdivision upon approval of final residential subdivision, site plan, special permit, conditional use or other plan, effective immediately. In lieu of a cash payment, the subdivider may post a certificate of deposit or passbook in the name of the Town of Riverhead equal to the total fee as required herein. Where such cash, certificate of deposit or passbook is deposited, the fee of $5,000 shall be paid to the Town of Riverhead prior to the issuance of each building permit for the construction of any such residential structures within the subdivision by the Building Inspector. The balance shall be payable in full on the second anniversary date on which this certificate of deposit or passbook was deposited and shall be withdrawn from such account by order to the Town Board. Such interest as may accrue on the certificate of deposit or passbook shall be returned and taxable to the depositor. The amended fee of $5,000 shall apply to all subdivisions which receive final plat approval after the effective date of this Subsection B(14)(d). Note that a developer may make application for a refund of fees within 180 days from the date of payment of fee or issuance of building permit, whichever is sooner, provided that no construction has commenced related to any such building permit(s) and affidavit of withdrawal and forfeiture of all approvals, waiver of return of or reimbursement of all costs and fees related to said subdivision application and processes.
(e)
Where land is to be reserved for park, playground or other recreational
purposes, the developer shall submit a proposed plan for the development
of this area in line with the proposed recreational use, which plan
shall be reviewed by the Planning Board. The Planning Board may approve
the same or require amendments or changes thereto before granting
its approval. The developer shall also submit an estimate of cost
to construct the improvements shown on the plan. The Planning Board
will review the estimate and approve or revise the amount of the estimate
and, if the construction is not completed prior to the approval of
the final subdivision plan, will require a performance bond to insure
that the improvements will be completed.
(f)
If the Planning Board shall require that certain land be reserved
for park, playground or other recreational purposes and a cash deposit
be made, the cash deposit shall be equal to the amount hereinbefore
set forth, e.g., $5,000 for each lot in the subdivision, less the
cost of land reserved at the rate of $5,000 per acre and less the
cost of the amount approved for the construction of the improvements
in the recreational area. The amended fee of $5,000 shall apply to
all subdivisions which receive final plat approval after the effective
date of this code provision.
(g)
The developer shall present a proposal in the form of covenants
and restrictions which will be set forth in the deed of conveyance
for lots within the subdivision to adequately ensure a proper maintenance
of the recreational area. The Planning Board shall approve such covenants
and restrictions or require amendments or changes thereto before granting
its approval. Upon approval of the covenants and restrictions, the
developer shall, prior to the approval of the final subdivision plat,
file a declaration with the Town Board of the Town of Riverhead that
the covenants and restrictions will be a part of each deed for the
lots shown on the subdivision plat.
(15)
All required improvements shall be constructed or installed
to conform to the specifications of departments or districts of the
Town of Riverhead.
(16)
Street jogs with center-line offsets of less than 125 feet shall
be avoided.
(17)
In general, all streets shall join each other so that, for a
distance of at least 100 feet, the street is approximately at right
angles to the street it joins.
(18)
Grades of streets; trees; steep slopes; excavation.
(a)
The street plan of a proposed subdivision shall bear a logical
relationship to the topography of the property, and all streets shall
be arranged so as to obtain as many of the building sites as possible
at or above the grade of the streets. Grades of streets shall conform
as closely as possible to the original topography.
(b)
Mature trees shall be preserved wherever possible. Where steep slopes are required to provide for usable lot areas, they should not exceed a slope of one on three. If, in the opinion of the Planning Board, the proposed grading may cause difficulties, a grading plan shall be prepared showing the existing grades at two-foot contours, proposed grades at two-foot contours, point elevations and arrows indicating the flow of stormwater runoff for each plot. No grading or excavation shall occur on the site without the approval of the Planning Board, which will in no instance be forthcoming prior to the acceptance of a security agreement pursuant to Subsection A(4) of this section. Topsoil shall not be removed from the site without the approval of the Planning Board. An approval to remove such topsoil will require the submission of a survey by a professional engineer showing test borings at sufficient intervals to establish that there exists an excess of topsoil over and above that amount necessary for landscaping as determined by the Planning Board. "Topsoil" shall be defined as materials meeting New York State specifications for topsoil.
[Added 3-4-1997]
(19)
Where a subdivision borders on or contains a railroad right-of-way
or limited-access highway right-of-way, the Planning Board may require
a street approximately parallel to and on each side of such right-of-way
at a distance suitable for the appropriate use of the intervening
land (as for park purposes in residential districts or for commercial
or industrial purposes in appropriate districts). Such distances shall
also be determined with due regard for the requirements of approach
grades and future grade separations.
(20)
The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall include electric, telephone and cable television. Water mains shall be required where necessary pursuant to Subsection B(25) herein.
[Amended 12-6-1983]
(21)
Where topography is such as to make impractical the inclusion
of utilities within the street rights-of-way, perpetual unobstructed
easements of at least 20 feet in width shall be otherwise provided,
with satisfactory access to the street. Wherever possible, easements
shall be continuous from block to block and shall present as few irregularities
as possible. Such easements shall be cleared and graded where required.
(22)
In general, street lines within a block and deflecting from
each other at any one point by more than 10° shall be connected
with a curve, the radius of which, for the center line of the street,
shall not be less than 200 feet.
(23)
Streets.
(a)
Streets from a realty subdivision opening into highways or that
portion hereinafter enumerated shall be, in general, 500 feet apart:
[1]
Wading River - Manorville Road, from Hulse Avenue
to the Peconic River.
[2]
Hulse Landing Road, that portion in the Suffolk
County highway system.
[3]
Fresh Pond Avenue.
[4]
Edwards Avenue, from Sound Avenue to the Long Island
Railroad.
[5]
Twomey Avenue, from Sound Avenue to Manor Road.
[6]
Osborne Avenue, from Sound Avenue to Middle Road.
[7]
Horton Avenue, from Sound Avenue to Middle Road.
[8]
Roanoke Avenue, from Sound Avenue to Middle Road.
[9]
Doctor's Path, from Sound Avenue to Middle Road.
[10]
Northville Turnpike, from Sound Avenue to Doctor's
Path.
[11]
Union Avenue, from Sound Avenue to Main Road.
[12]
West Lane, from Sound Avenue to Main Road.
[13]
Phillips Lane, from Sound Avenue to Church Lane.
[14]
Church Lane, from Sound Avenue to Phillips Lane.
[15]
Tuthill Avenue.
[16]
Manor Lane.
[17]
Herricks Lane.
[18]
Hulse Avenue, from the westerly boundary of the
Town of Riverhead to Parker Road.
[19]
Sound Avenue, from Parker Road to the easterly
boundary of the Town of Riverhead.
[20]
Parker Road, from Sound Avenue to Middle Country
Road.
[21]
Riley Avenue.
[22]
Youngs Avenue.
[23]
Reeve Avenue.
[24]
Deep Hole Road.
[25]
Middle Road, from Manor Road to Harrison Avenue.
[26]
Middle Country Road, from the westerly line of
the Town of Riverhead to Manor Road.
[27]
Main Road, from Doctor's Path to the easterly
line of the Town of Riverhead.
[28]
Peconic Bay Boulevard.
[29]
Bay Avenue, from Main Road to Peconic Bay Boulevard.
(b)
The Board will require marginal-access streets to the streets
opening onto the hereinabove set forth highways, with appropriate
lot arrangements providing ingress and egress only to the marginal-access
road or roads.
(24)
Streetlighting. The following specifications must be met:
[Added 12-6-1977; amended 12-6-1988; 11-6-1991]
(a)
Streetlight standards, luminaires, conduit, splice boxes, fuses
and all related hardware for streetlighting systems shall be installed
in all residential subdivisions.
(b)
Prior to commencement of such installation, plans of proposed
lighting layouts shall be submitted to the Planning Board and subsequently
forwarded to the Town Engineer for review. Plans shall be drawn to
scale showing the proposed location of streetlight facilities, including
Long Island Lighting Company (LILCO) power source. All plans shall
be prepared by a licensed professional engineer. No work shall be
commenced prior to the approval by the Planning Board and Town Engineer.
(c)
Location of lights. Lighting layouts shall be designed to provide
a generally even level of illumination based on the use of seventy-watt,
colonial-type, high-pressure sodium luminaires. In general, streetlights
shall be installed at every street intersection and at the end of
each cul-de-sac and shall be spaced approximately 150 to 200 feet
apart.
(d)
General installation. All wiring, splices, conduit and workmanship
shall be in accordance with the National Electrical Code and the requirements
of the power company currently existing. All work on the streetlighting
system shall be performed by and tested for continuity and safety
by electricians licensed by the County of Suffolk. Copies of test
results shall be furnished to the Town Engineer prior to release of
performance bonds.[1]
(e)
Inspections. Upon commencement of the installation work, periodic
inspections of the work being performed will be made by the Town.
The builder shall be responsible for notifying the Town Engineer and/or
streetlighting personnel, at 516-727-3200, Extension 279, 48 hours
prior to the performance of any work in order to allow for daily inspections
of all work being performed. Upon completion and final testing of
the streetlighting installation, a final inspection will be made before
the Town will accept the completed installation. An inspection notice
will be provided indicating approval or disapproval of the installation.
(f)
Lighting standards. All lighting standards shall be fiberglass
as in accordance with Town specifications referred to in the Attached
Item No. 1.[2] Fiberglass poles shall be black or as specified by the
Town. All poles shall have an overall length of 20 feet, shall be
embedded four feet and shall be installed approximately 24 inches
behind the curb. Luminaire mounting height shall be 16 feet. Poles
shall be installed plumb and soil thoroughly tamped after installation.
Wire in poles shall be copper RR-USE or XLP-USE, minimum gauge AWG
No. 10.
[2]
Editor's Note: Item No. 1 is on file in the Town offices.
(g)
Luminaires. Light fixtures shall be seventy-watt, one-hundred-twenty-volt,
high-pressure sodium and shall be Town and Country 100 Series by General
Electric (GE). The Town of Riverhead specifications for colonial post-top
luminaires is referred to in Item No. 2 attached.[3] Lamps used shall be manufactured by General Electric,
Westinghouse, Sylvania, Norelco or approved equal. A photoelectric
control equal to Town of Riverhead specification Item No. 5 (attached)[4] shall be provided.
(h)
Underground wiring. Wire and cable for lighting system circuitry
shall be direct buried, copper, type RR-USE or XLP-USE, with a minimum
gauge of AWG No. 6. Wire shall be approved, and the complete installation
shall meet all requirements of the National Electric Code. All wire
splicing shall be performed within approved splice boxes or within
the pole at hand hole. All splices and connections shall be made using
approved split bolt or compression-type connectors and shall be insulated
using an approved waterproof method. Cable shall be buried 24 inches
below finished grade and installed directly behind the curbing. Any
and all wiring under a roadway, driveway, walkway, sidewalk or other
load-bearing, paved surfaces shall be installed within one-and-one-fourth-inch
galvanized rigid steel conduit. All cable terminations and splices
shall be color-coded using Scotch Tape 2210 as follows: red —
hot leg; white — neutral leg; green — ground.
(i)
Splice boxes. A polyethylene splice box conforming to Town of
Riverhead specifications referred to in attached Item No. 3[5] must be installed at the base of each streetlight pole
for splices and fuses. Splice boxes shall be installed so that the
top of the installed box is at the finished grade. Splice boxes shall
be located behind the curb in front of each light pole when required.
Each streetlight pole and fixture shall be individually fused at the
fixture using a Bussman-type HEB-AA fuseholder and a Bussman KTK fifteen-amp
fuse or approved equal.
[5]
Editor's Note: Item No. 3 is on file in the Town offices.
(j)
Splices. Splices between fixtures or between transformers and
splice boxes, unless specifically authorized by the Engineer, are
not acceptable. Where splices are authorized and locations approved,
such as at fixture connections to circuit cables, the contractor shall
make a splice with an approved mechanical connector encapsulated by
Scotch Tape 2210, Scotch Tape 33+, and then coated with Scotch Cote
in a manner as approved by the Engineer.
(k)
Fuses. Each lighting loop shall be fused in the corresponding
service box to protect and isolate each individual lighting circuit.
Each service box is to contain a Bussman-type HEB-AA fuseholder and
an appropriately sized Bussman KTK fuse. Each individual pole shall
also contain a fuseholder and fuse to protect and isolate individual
light fixtures to be located in splice box at the base of the pole.
(l)
Service boxes. A service splice box referred to above (see attached
Item No. 3[6]) equal to Town of Riverhead specifications shall be installed
at the point of connection to the LILCO facilities and shall contain
an appropriately sized fuseholder and fuse. This installation shall
meet all requirements of LILCO. Direct burial service cable shall
be installed from the streetlight service splice box to LILCO service
point, and a length of slack cable sufficient for LILCO to connect
to their facilities shall be left coiled at the LILCO box and shall
be color-coded at connection ends as follows: red — hot leg;
white — neutral leg; green — ground. Service cable shall
be No. 6 AWG, copper wire, type USE or approved equal. All connections
to LILCO underground facilities will be performed by LILCO personnel.
Each circuit shall be fused inside the service box.
[6]
Editor's Note: Item No. 3 is on file in the Town offices.
(m)
Conduit. All conduit shall be hot-dipped, one-and-one-fourth-inch
inside diameter, galvanized, UL-approved, rigid steel in accordance
with Town of Riverhead specification Item No. 4 attached.[7] Conduit shall be used as a wireway for circuit cables
where lighting circuits pass under roadways, driveways, sidewalks
or other paved load-bearing surface. Conduit shall be installed directly
behind the curb where applicable or in the most direct route as specified
by the Town and installed 24 inches below grade. Such conduit shall
extend a minimum of six inches beyond the edge of any paved area as
specified above.
[7]
Editor's Note: Item No. 4 is on file in the Town offices.
(n)
As-built drawings. Prior to final approval by the Town, dedication
of roads or release of performance bond, the builder/developer is
responsible to furnish the Town Engineer with two sets of as-built
drawings. These drawings shall show the location of streetlights,
poles, service splice boxes, conduit run and wiring circuits.
(25)
Potable water.
[Added 10-5-1982 by L.L. No. 8-1982]
(a)
The Riverhead Town Board finds that it may be necessary for
a private water service and supply system to be utilized to provide
an adequate supply of water for residents in a proposed major subdivision
as defined herein or a multiple-dwelling unit of five or more residence
units. Therefore, the following requirements shall be met when a water
service and supply system is proposed for a major subdivision or multiple
dwelling of five or more residence units.
(b)
Prior to Planning Board approval, detailed engineering design
and specifications prepared by a licensed engineer shall be submitted
by the applicant. An engineering firm shall be designated by the Town
Board for review of said plan, at the applicant's expense, to determine
whether such system would be compatible with services provided by
the Riverhead Water District, should connection with the Riverhead
Water District be necessary.
C.
Sketch plan. The sketch plan shall show the following information:
[Amended 9-20-1983]
(1)
Proposed subdivision name or identifying title and the name
of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of sketch plan.
(3)
Tax Map numbers.
(4)
Location of property lines, existing easements, buildings, watercourses,
marshes, ponds, bulkhead lines and other essential existing features
on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts
and drains and numbered utility poles on the property and on the roads
or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths
of existing and proposed streets, highways, easements, alleys, parks
and other public open spaces and similar facts regarding the property
and the width of abutting streets.
(8)
Date, North point and scale.
(9)
The proposed lot lines, with approximate dimensions.
(10)
Street names, which shall be subject to approval by the Board.
(11)
Easements.
(12)
Approximate area of lots and total acreage of entire tract and
of each building zone district within the tract.
(13)
Zoning district or districts.
(14)
Contours, if required by the Planning Board, and at intervals
as specified by the Planning Board.
(15)
Key map:
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivisions indicating the dimensional
relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating building zone districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(16)
The distance and location of any sewer main, water main or cable
television line within 1,500 feet of any boundary of such proposed
subdivision or a statement by the preparer of such map that no such
facilities exist within 1,500 feet of the proposed subdivision.
(17)
Fire district.
[Added 4-15-1997]
D.
Preliminary plat. The preliminary plat shall show the following information:
(1)
Proposed subdivision name or identifying title and the name
of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of preliminary plat.
(3)
Location of property lines, existing easements, watercourses,
buildings, marshes, ponds, bulkhead lines and other essential existing
features on the subdivision.
[Amended 9-20-1983]
(4)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage.
(5)
The location of any existing sewers and water mains, culverts
and drains and numbered utility poles on the property and on the roads
or highways adjacent to the property to be subdivided.
[Amended 9-20-1983]
(6)
Location, names and present widths of existing and proposed
streets, highways, easements, alleys, parks and other public open
spaces and similar facts regarding the property and the width of abutting
streets.
(7)
Date, North point and scale.
(8)
The proposed lot lines, with approximate dimensions.
(9)
Street names, which shall be subject to approval by the Board.
(10)
Easements.
(11)
Approximate area of lots and total acreage of the entire tract
and of each building zone district within the tract.
[Amended 9-20-1983]
(12)
Contours at intervals of two feet, or less if required by the
Planning Board, or at a greater interval when approved by the Planning
Board; and elevations of existing roads at points of change in grade
and at one-hundred-foot intervals. The datum shall be designated and
the elevation of two monuments or other permanent objects shall be
set forth on the plat.
(13)
Grading plan by showing proposed contours where natural contours
are to be changed by more than three feet.
(14)
All data that would enable the Superintendent of Highways to
determine that the rules and regulations for the dedication of a public
highway in the Town of Riverhead, Suffolk County, New York, are complied
with, including but not limited to cross section of highway, profile
of streets, drainage facilities and storm sewers. This data or any
part thereof may be shown on the preliminary plat or on a plan made
a part of the preliminary plat.
(15)
Detail plan of any other improvements required by the Planning
Board.
(16)
Scale of map, not more than 100 feet to the inch.
(17)
Key map:
[Amended 9-20-1983]
(a)
Scale: one inch equals 600 feet.
(b)
One or more monuments in the subdivision indicating the dimensional
relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating building zone districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(18)
An actual survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances. The bearings
shall be referenced to the north as established in the New York State
coordinate system, and a coordinate referenced to the New York State
coordinate system shall be set forth for a definite angle point in
the perimeter.
(19)
A letter of intent or designated stamp from the Suffolk County
Department of Health Services and/or the Suffolk County Department
of Environmental Control approving the methods of water supply and
sewage disposal.
(20)
Fire district.
[Added 4-15-1997]
E.
Final plat.
(1)
The final plat shall be prepared in accordance with § 335
of the Real Property Law.
(2)
The final plat shall show the following information:
(a)
Proposed subdivision name or identifying title and the name
of the town and county in which the subdivision is located.
(b)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of final plat.
(c)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage.
(d)
Street lines, pedestrian walks, lots, reservations and easements.
(e)
Date, North point and scale.
(f)
Scale of map, not more than 100 feet to the inch.
(g)
Key map:
[Amended 9-20-1983]
[1]
Scale: one inch equals 600 feet.
[2]
One or more monuments in the subdivision indicating the dimensional
relationship to an existing established point or monument on a highway.
[3]
Relationship to the primary and secondary highway system and
main intersections.
[4]
Boundary lines indicating building zone districts and any other
special districts.
[5]
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(h)
An actual survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances. The bearings
shall be referenced to the north as established in the New York State
coordinate system, and a coordinate referenced to the New York State
coordinate system shall be set forth for a definite angle point in
the perimeter.
(i)
The length of all straight lines and radii and length of curves
for each street.
(j)
The length of all lot lines.
(k)
Area of each lot in square feet (may be in tabular form).
(l)
Lots within the subdivision numbered in numerical order.
(m)
The stamp of approval from all required governmental agencies,
including but not limited to the Suffolk County Department of Health
Services and the Suffolk County Department of Environmental Control.
(n)
A certificate, for the use of the Secretary of the Board, on
the plat as follows:
|
THIS IS TO CERTIFY that this subdivision map has been approved
as provided by Article 16 of the Town Law.
|
|
Date of Approval
|
|
_______________, _______
|
|
Town of Riverhead Planning Board
|
|
By Secretary
|
|
The approval of this map does not constitute the acceptance
of highways shown hereon as public roads.
|
(o)
Fire district.
[Added 4-15-1997]
F.
Application and fee.
(1)
Sketch plan. A letter of application, together with the requisite
number of copies of the sketch plan, shall be submitted to the Planning
Board. All applications for the consideration of the sketch plan shall
be accompanied by a fee of $500, plus $200 per lot for engineering
fees.
[Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 3-4-1997; 12-2-2003 by L.L. No. 26-2003; 6-4-2019 by L.L. No. 16-2019]
(2)
Preliminary plat. A letter of application, together with the
requisite number of copies of the preliminary plat, shall be submitted
to the Planning Board. All applications for the consideration of a
preliminary plat shall be accompanied by a fee of $3,500 per lot and$500
per acre or part thereof if a sketch plan has been submitted.
[Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 3-4-1997; 1-17-2007 by L.L. No. 1-2007; 11-20-2007 by L.L. No. 38-2007; 6-4-2019 by L.L. No. 16-2019]
(3)
Final plat. A letter of application, together with the requisite number of copies of the final plat, shall be submitted to the Planning Board. When an applicant applies for a final plat without first having applied for preliminary plat approval, the fee imposed shall be that set forth in Subsection F(2) above. Otherwise there shall be no additional fee for final plat approval.
[Amended 12-6-1977; 11-20-1984; 9-20-1988; 12-29-1989; 12-2-2003 by L.L. No. 26-2003; 6-4-2019 by L.L. No.
16-2019]
(4)
The applicant shall erect a sign giving notice that an application
to the Planning Board is pending and giving the date, time and place
where the regular meeting for consideration of the application, or
adjourned date, will be held. The sign will be furnished by the Town
of Riverhead. It shall not be set back more than 10 feet from the
property line and shall not be less than two nor more than six feet
above the grade at the property line. It shall be displayed for a
period of not less than seven days immediately preceding a regular
meeting for consideration of the application or any adjourned date.
The applicant shall file with the Planning Board an affidavit that
he has complied with the provisions of this section. No application
shall be considered unless such affidavit has been filed.
(5)
Engineering fee. Prior to the adoption of a final conditional
approval resolution by the Planning Board, the applicant must post
a fee in an amount equal to 10% of the estimated improvements, as
estimated by the engineering consultant to the Planning Board, minus
all engineering fees previously paid at sketch, preliminary and final
plat stages. No applicant shall have any claim for the return of such
fee or portion thereof.[8],[9]
[Added 12-6-1977; amended 5-16-1978; 3-4-1986; 12-29-1989; 3-4-1997; 12-2-2003 by L.L. No.
26-2003; 1-17-2007 by L.L. No. 1-2007; 11-20-2007 by L.L. No. 38-2007]
[8]
Editor's Note: Original § 108-97F(6) of the 1976 Code, concerning a fee based on estimated improvements, added 8-5-1986, which immediately followed this subsection, was repealed 12-2-2003 by L.L. No. 26-2003.
[9]
Editor's Note: Former Subsection F(6), regarding electronic
records retention fees, added 4-19-2005 by L.L. No. 11-2005, which
immediately followed this subsection, was repealed 5-22-2019 by L.L.
No. 14-2019.
A.
Variation in case of hardship. Where the Planning Board finds that
extraordinary and unnecessary hardships may result from strict compliance
with this article, it may vary the regulations so that substantial
justice may be done and the public interest secured, provided that
such variations will not have the effect of nullifying the intent
and purpose of the Official Map, the Master Plan or the Zoning Ordinance,
if such exist.
B.
Waiver of required improvements. Where the Planning Board finds that,
due to the special circumstances of a particular plat, the provision
of certain required improvements is not requisite in the interest
of the public health, safety and general welfare or is inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the proposed subdivision, it may waive such requirements,
subject to appropriate conditions.
C.
Board to impose conditions. In granting variances and modifications,
the Planning Board shall require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
[Added 12-6-1988]
A.
Procedure.
(1)
Sketch plans. Three alternative sketch plans shall be required
to be submitted. One if the three sketch plans may be required to
be a cluster development. The subdivider shall submit 10 copies of
each sketch plan, clearly marked "sketch plan." The subdivider will
be advised of the time and place of the meeting when the Planning
Board will consider the sketch plans, and the subdivider or his agents
shall be present at this meeting or request an adjournment thereof.
The Planning Board shall determine whether any of the sketch plans
meet the purposes of this article and shall, where it deems necessary,
make specific recommendations so that the subdivider or his agents
may proceed with the preparation of a preliminary plat.
(2)
Preliminary plat. The subdivider shall submit 12 copies of the
preliminary plat, clearly marked "preliminary plat," in accordance
with the requirements herein set forth, and the Planning Board will
hold a public hearing in accordance with Subdivision 5 of § 276
of the Town Law. Subsequent to the preliminary plat hearing, the Planning
Board shall forward one copy of said preliminary plat to the respective
fire district. The fire district shall forward comments to the Planning
Board within 10 working days of referral.
[Amended 4-15-1997[1]]
(3)
Final plat. The subdivider shall submit 12 copies to the Planning
Board within the time and in accordance with the requirements herein
set forth and in accordance with any other applicable state law or
local law, ordinance, rule, regulation or resolution.
(4)
Improvements. The subdivider shall complete, in accordance with
the Board's decision and to the satisfaction of the Board and any
other official or body authorized by law to act, all the improvements
specified in § 277 of the Town Law and not specifically
waived by the Board, or alternatively shall file with the Town Board
a letter of credit complying with § 277 of the Town Law,
satisfactory to the Town Board as to form, sufficiency, manner of
execution, and surety, for the completion of such improvements as
are not constructed.[2]
B.
General requirements. The subdivider shall observe the following
general requirements and development standards of land subdivision:
(1)
In general, the proposed subdivision shall conform to the zoning
use district affecting the area.
(2)
The minimum area of any parcel to be considered for subdivision
for industrial purposes shall be two acres.
(3)
Each parcel of land proposed for subdivision for industrial
purposes shall have a frontage of at least 300 feet on a highway.
The highway shall have a right-of-way of at least 49 1/2 feet
along the property line.
(4)
The subdivider may delineate, on the sketch plan, industrial blocks rather than individual lots. Said blocks may be further subdivided through subsequent application to the Planning Board for approval of a site layout. Such site layout shall include the location of the proposed lot lines, building envelope(s), conformity with the Zoning Use District Schedule, as well as Article LVI, Site Plan Review, of this chapter.
(5)
Each block within a subdivision shall have frontage on a public
street, which street shall have a right-of-way of at least 55 feet.
(6)
Each lot within a subdivision and each separate ownership therein
shall have frontage on, and shall have access solely from, a public
street having a right-of-way of at least 55 feet. The frontage created
on such a street shall be at least 200 feet. The creation of flag
lots shall be prohibited.
(7)
The arrangement of streets in the subdivision shall provide
for the continuation of principal streets in adjoining subdivisions
or for their proper projection when adjoining property is not subdivided.
(8)
All highways shall be considered as standard collector roads,
detailed as per the Road and Drainage Standards for the Town of Riverhead.
Said roads shall be of adequate width as may be designated by the
Planning Board; in no case shall the right-of-way width of any roadway
or street be less than 55 feet.
(9)
Dead-end or cul-de-sac streets shall not in general exceed 800
feet in length and shall be equipped with a turnaround roadway having
a minimum radius of 60 feet.
(10)
Block lengths generally shall not exceed 1,200 feet in length.
(11)
Pedestrian walks or easements for underground utilities not
less than 15 feet in width may be required near the center of all
blocks over 800 feet in length.
(12)
Radii at intersections shall be not less than 40 feet at the
property line, and property lines shall be adjusted accordingly.
(13)
Sidelines of lots, so far as practicable, shall be at right
angles or radial to street lines.
(14)
Reversed frontage of lots at street intersections shall be avoided
where possible. Corner lots shall, for site layout purposes, be deemed
to have two front yards.
(15)
Grades of all streets shall be the reasonable minimum, but shall
not be less than 0.5% nor more than 10% for main thoroughfares or
minor streets.
(16)
The Planning Board shall require that a cash impact fee on existing
streets and roads be deposited with the Town Board in a special fund
as required by § 277 of the Town Law. The amount to be paid
shall be at the rate of $2,000 per lot, based on the yield map, in
an industrial subdivision on or after December 6, 1988.[4]
(17)
All required improvements shall be constructed or installed
to conform to the Road and Drainage Standards for the Town of Riverhead
as well as any specifications that departments or districts of the
Town may require. Drainage design shall be developed to contain stormwater
runoff from the entire site, so as to minimize drainage facilities
on individual lots.
(18)
Street jogs with center-line offsets of less than 200 feet shall
be avoided.
(19)
In general, all streets shall join each other so that, for a
distance of at least 100 feet, the street is approximately at right
angles to the street it joins.
(20)
The street plan of a proposed subdivision shall bear a logical
relationship to the topography of the property, and all streets shall
be arranged so as to obtain as many of the building sites as possible
at or above the grade of the streets. Grades of the streets shall
conform as closely as possible to the original topography.
(21)
The setbacks to parking areas for all lots in an industrial
subdivision shall be as follows:
(22)
A buffer area of 100 feet shall be provided along the boundary
of any lot or parcel within a residential zone or used for residential
purposes. The screening method provided within said buffer shall be
a function of the site plan review process.
(23)
Open space.
(a)
The Planning Board may require that land be reserved for open
space and/or recreational purposes. The Planning Board may require
that a cash payment be deposited with the Town Board in a special
fund as required by § 277 of the Town Law where the Planning
Board deems that land would be inadequate and unsuitable for use for
open space or recreational purposes in the Industrial District.
(b)
Land reserved for open space and/or recreational purposes shall
have an area of one acre per 50 acres or proportional thereto. Any
parcel of land reserved for open space or recreational purposes shall
have an area of at least one acre. In meeting these requirements,
the Planning Board may require that the developer reserve more than
one area within the subdivision for recreational purposes, but in
no case shall any reserved area be of less than one acre.
(24)
Where a subdivision borders on or contains a railroad right-of-way
or limited-access highway right-of-way, the Planning Board may require
a street approximately parallel to and on each side of such right-of-way,
at a distance suitable for the appropriate use of the intervening
land under the zoning use district designation applied thereto. Such
distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
(25)
The Planning Board shall require that underground utilities be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. Underground utilities shall include electric, telephone and cable television. Water mains shall be required where necessary, pursuant to Subsection B(30) herein.
(26)
Where topography is such as to make impractical the inclusion
of utilities within the street rights-of-way, perpetual unobstructed
easements of at least 15 feet in width shall be otherwise provided,
with satisfactory access to the street. Wherever possible, easements
shall be continuous from block to block and shall present as few irregularities
as possible. Such easements shall be cleared and graded where required.
(27)
In general, street lines within a block and deflecting from
each other at any one point by more than 10° shall be connected
with a curve, the radius of which for the center line shall not be
less than 200 feet.
(28)
Roads from an industrial subdivision opening into standard collector
streets or that portion hereinafter enumerated shall be, in general,
500 feet apart:
(29)
The following streetlighting specifications must be met:
(a)
Streetlight standards, brackets and the necessary wiring for
streetlighting systems shall be installed on all industrial subdivisions.
(b)
Prior to the commencement of such installation, plans of proposed
lighting layouts, prepared by a licensed professional engineer, shall
be submitted to the Planning Board, and no work shall be commenced
prior to approval by the Planning Board.
(c)
The plans submitted, reviewed and approved shall pertain to
the location and spacing of the streetlights and the location of underground
cables and conduits.
(f)
All work on the streetlighting systems shall be performed by
and tested by electricians licensed by the County of Suffolk.
(g)
Lighting layouts shall be designed to provide a generally even
level of illumination based on the use of one-hundred-fifty-watt,
colonial-type, sodium-vapor luminaires, spaced not more than 125 to
150 feet apart with a maximum twenty-foot mounting height. Approximately
10 standards per circuit is recommended for the layout.
(h)
Lighting standards shall be laminated wooden poles, fully waterproofed
with adhesive as defined in Commercial Standard 253-63. Poles are
to be pressure treated with pentachlorophenol in light hydrocarbon
solvents to protect the wood from decay and insect damage. Treatment
shall conform to American Wood Preservers' Association Standards C28-69,
P8-64, P9-69. Standards shall be manufactured by Weyerhauser under
Catalog No. 15S, or approved equal. A manufacturer's warranty shall
be provided, guaranteeing replacement in case of decay and/or insect
damage within the twenty-five-year period.
(i)
Arms and mounting brackets shall be provided and shall be as
manufactured by Weyerhauser under Catalog No. A-2 or approved equal.
(j)
Wire and cable for circuitry shall be direct burial, copper,
Type RR-USE or XLP-USE, with a minimum gauge of AGW No. 6.
(k)
Cable shall be buried a minimum of 18 inches below finished
grade, and conduit shall be provided under all areas to be paved.
Wire in poles shall be copper RR-USE or XLP-USE, minimum gauge AGW
No. 12. A twelve-inch by twelve-inch concrete monument box shall be
provided and installed at the base of each pole for splicing.
(30)
The Riverhead Town Board finds that it may be necessary for
a private water service and supply system to be utilized to provide
an adequate supply of water for an industrial subdivision as defined
herein. Therefore, the following requirements shall be met when a
water service and supply system is proposed for an industrial subdivision.
(a)
Prior to Planning Board approval, detailed engineering design
and specifications as submitted by the applicant shall be reviewed
by the Town Engineer, at the applicant's expense, to determine whether
such system would be compatible with services provided by the Riverhead
Water District, should connection with the Riverhead Water District
be necessary.
C.
Sketch plan. The sketch plan shall show the following information:
(1)
Proposed subdivision name or identifying title and the name
of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of sketch plan.
(3)
Tax Map number(s).
(4)
Location of property lines, existing easements, buildings, watercourses,
marshes, ponds, bulkhead lines and other essential existing features
on the subdivision.
(5)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage and the current uses of the
adjacent acreage.
(6)
The location of any existing sewers and water mains, culverts
and drains, and numbered utility poles on the property and on the
roads or highways adjacent to the property to be subdivided.
(7)
Location, names and present overall widths and pavement widths
of existing and proposed streets, highways, easements, alleys, parks
and other public open spaces and similar facts regarding the property
and the width of abutting streets.
(8)
Date, North point and scale.
(9)
The proposed lot lines or block lines, with approximate dimensions,
as well as recharge area(s), buffer area(s), and recreation area(s).
(10)
Street names, which shall be subject to approval by the Board.
(11)
Easements.
(12)
Approximate area of lots or blocks, and total acreage of the
entire tract and of each zoning use district within the tract.
(13)
Zoning district or districts and indication of a change in zoning
district where a boundary is proximate to the parcel being subdivided.
(14)
Contours at intervals as specified by the Planning Board.
(15)
Key map:
(a)
Scale: one inch equals 1,200 feet.
(b)
One or more monuments in the subdivision indicating the dimensional
relationship to an existing, established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating zoning use districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(16)
The distance and location of any sewer main, water main or cable
television line within 1,500 feet of any boundary of such proposed
subdivision, or a statement by the preparer of such map that no such
facilities exist within 1,500 feet of the proposed subdivision.
(17)
Fire district.
[Added 4-15-1997]
D.
Preliminary plat. The preliminary plat shall show the following information:
(1)
Proposed subdivision name or identifying title and the name
of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of preliminary plat.
(3)
Location of property lines, existing easements, watercourses,
buildings, marshes, ponds, bulkhead lines and other essential existing
features on the subdivision.
(4)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage and the current uses of adjacent
acreage.
(5)
The location of any existing sewers and water mains, culverts
and drains, and numbered utility poles on the property and on the
roads or highways adjacent to the property to be subdivided.
(6)
Location, names and present widths of existing and proposed
streets, highways, easements, alleys, parks and other public open
spaces and similar facts regarding the property and the width of abutting
streets.
(7)
Date, North point and scale.
(8)
The proposed block or lot lines with approximate dimensions.
(9)
Street names, which shall be subject to approval by the Board.
(10)
Easements.
(11)
Approximate area of lots and total acreage of the entire tract
and of each zoning use district within the tract.
(12)
Contours at intervals of two feet, or less if required by the
Planning Board, or at a greater interval when approved by the Planning
Board; and elevations of existing roads at points of change in grade
and at one-hundred-foot intervals. The datum shall be designated and
the elevation of two monuments or other permanent objects shall be
set forth on the plat.
(13)
Grading plan by showing proposed contours where natural contours
are to be changed by more than three feet.
(14)
All data that would enable the Superintendent of Highways to
determine that the rules and regulations for the dedication of a public
highway in the Town of Riverhead, Suffolk County, New York, are complied
with, including but not limited to cross section of highway, profile
of streets, drainage facilities and storm sewers. This data, or any
part thereof, may be shown on the preliminary plat or on a plan made
a part of the preliminary plat.
(15)
Detail plan of any other improvements required by the Planning
Board.
(16)
Scale of map, not more than 100 feet to the inch.
(17)
Key map:
(a)
Scale. One inch equals 1,200 feet.
(b)
One or more monuments in the subdivision indicating the dimensional
relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating zoning use districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(18)
An actual survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances. The bearings
shall be referenced to the north as established in the New York State
coordinate system, and a coordinate referenced to the New York State
coordinate system shall be set forth for a definite angle point in
the perimeter.
(19)
A letter of intent or designated stamp from the Suffolk County
Department of Health Services and/or the Suffolk County Department
of Environmental Control, approving the methods of water supply and
sewage disposal.
(20)
Fire district.
[Added 4-15-1997]
E.
Final plat. The final plat shall be prepared in accordance with § 335
of the Real Property Law and shall show the following information:
(1)
Proposed subdivision name or identifying title and the name
of the town and county in which the subdivision is located.
(2)
Names and addresses of record owner, subdivider and engineer
or surveyor of design of the final plat.
(3)
The names of all subdivisions immediately adjacent and the names
of owners of record of adjacent acreage.
(4)
Street lines, pedestrian walks, lots, blocks, reservations and
easements.
(5)
Date, North point and scale.
(6)
Scale of map, at not less than 100 feet to the inch.
(7)
Key map:
(a)
Scale. One inch equals 1,200 feet.
(b)
One or more monuments in the subdivision indicating the dimensional
relationship to an existing established point or monument on a highway.
(c)
Relationship to the primary and secondary highway system and
main intersections.
(d)
Boundary lines indicating zoning use districts and any other
special districts.
(e)
Marshes, ponds, streams, bulkhead lines or similar conditions
on the subdivision and within 500 feet of its boundaries.
(8)
An actual survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances. The bearings
shall be referenced to the north as established in the New York State
coordinate system, and a coordinate referenced to the New York State
coordinate system shall be set forth for a definite angle point in
the perimeter.
(9)
The length of all straight lines and radii and length of curves
for each street.
(10)
The length of all lot lines.
(11)
The area of each lot in square feet (may be in tabular form).
(12)
Lots within the subdivision, numbered in numerical order.
(13)
The stamp of approval from all required governmental agencies,
including but not limited to the Suffolk County Department of Health
Services and the Suffolk County Department of Environmental Control.
(14)
A certificate, for the use of the Secretary of the Planning
Board, on the plat as follows:
|
THIS IS TO CERTIFY that this subdivision map has been approved
as provided by Article 16 of the Town Law.
|
|
Date of Approval
|
|
_______________, _____
|
|
Town of Riverhead Planning Board
|
|
By Secretary
|
|
The approval of this map does not constitute the acceptance
of highways shown hereon as public roads.
|
(15)
Fire district.
[Added 4-15-1997]
F.
Application and fee.
[Amended 12-29-1989; 6-4-2019 by L.L. No. 16-2019]
(1)
Sketch plan. A letter of application, together with the requisite
number of copies of the sketch plan, shall be submitted to the Planning
Board at least 16 days prior to a regular meeting for consideration
at that meeting. All applications for the consideration of the sketch
plan shall be accompanied by a fee of $500, plus $200 per lot.
(2)
Preliminary plat. A letter of application, together with the
requisite number of copies of the sketch plan, shall be submitted
to the Planning Board at least 16 days prior to a regular meeting
for consideration at such meeting. All applications for the consideration
of a preliminary plat shall be accompanied by a fee of $20 per acre
or part thereof in the proposed subdivision or $500, whichever is
greater, if a sketch plan has been submitted. In the event that a
sketch plan has not been submitted for consideration by the Planning
Board, applications for preliminary plat consideration shall be accompanied
by a fee of $500, plus $200 per lot, plus the aforementioned preliminary
plat fee of $500 or $20 per acre, whichever is greater.
(3)
Final plat. A letter of application, together with the requisite number of copies of the final plat, shall be submitted to the Planning Board at least 16 days prior to a regular meeting for consideration at that meeting. The fee for final subdivision shall be waived, unless a subdivider submits the final plat together with the data required for the preliminary plat, in which case the application shall be accompanied by a fee as established in Subsection F(2) of this section.
(4)
The applicant shall erect a sign giving notice that an application
to the Planning Board is pending and giving the date or adjourned
date, time and place where the regular meeting for consideration of
the application will be held. The sign will be furnished by the Town
of Riverhead. It shall not be set back more than 10 feet from the
property line and shall not be less than two nor more than six feet
above the grade at the property line. It shall be displayed for a
period of not less than seven days immediately preceding a regular
meeting for consideration of the application or any adjourned date.
The applicant shall file with the Planning Board an affidavit that
he has complied with the provisions of this section. No application
shall be considered unless such affidavit has been filed.
(5)
Engineering fee. Prior to final subdivision being granted, the
applicant must post engineering fees in the amount of $500 per lot,
or per potential lot based on the maximum number thereof, to cover
any potential expense to the Town for engineering services, as follows:
$250 at the time of the submission of the preliminary plat and $250
at the time of the submission of the final plat. The Planning Board
may waive all or part of said fee where the Planning Board determines
that no additional engineering services are required. No applicant
shall have any claim for the return of such fee or portion thereof.
(6)
No final industrial subdivision plat shall be signed by the Chairman of the Planning Board until a fee equal to an amount of 5% of the total cost of the estimated improvements, as estimated by the engineering consultant of the Planning Board, shall be paid to the Town of Riverhead. Such fee shall be diminished in an amount equal to all engineering fees previously paid, pursuant to Subsection F(5) hereinabove.
[Added 7-19-2005 by L.L. No. 40-2005]
For all subdivisions, a fee must be posted for the construction
of the requisite water mains and hydrants prior to receiving a foundation
permit. The fee shall be determined by the Planning Department based
on cost estimates. In order to receive a building permit, water main
construction for the subdivision must be certified complete according
to Planning Department requirements, and mains and hydrants must be
charged and capable of providing water in the case of a fire emergency.
