A.
Pursuant to the provisions of Article 16 of the Town Law, the Town
of Southport Town Board has, by resolution, authorized the Town of
Southport Planning Board to review and approve, approve with conditions,
or disapprove plats showing lots, blocks or sites, with or without
roads, within the area of the Town of Southport.
B.
This law shall be known as the "Town of Southport Subdivision Law."
This chapter has been adopted for the following purposes:
A.
Provide for the orderly growth and coordinated development of the
Town;
B.
Affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, health and safety of Town residents;
C.
Minimizing foreseeable maintenance and improvement problems as well
as economic burdens associated with the development of land;
D.
Protecting the attractiveness of the Town's environment by the requirement
of effective design of all subdivisions.
In order to accomplish the purposes set forth above, 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 policy shall be interpreted to include
the following objectives, which shall guide the Planning Board's decisions:
A.
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from
fire, flood, or other menace;
B.
Proper provision shall be made for drainage, water supply, disposal
of sewage, and other necessary and required improvements;
C.
Proposed streets shall consist of a convenient system conferring
to the existing highways and roadways and shall be properly related
to any proposals shown within the Town Plan (if such Plan exists);
D.
Streets and driveways shall be of such widths, grade and location
as to accommodate prospective traffic, to afford adequate light and
air and to facilitate fire protection;
E.
Lots shall be laid out so as to be in harmony with the development
pattern of neighboring properties and with the surrounding topography;
F.
Acres of suitable size, location, and character for community purposes
shall be shown on the final plat wherever appropriate;
G.
To ensure that the burden of financing improvements and infrastructure
in new subdivisions is on the subdivision owner or developer, rather
than on the particular district or the Town.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered
or as determined by such judgment.
A.
Every application for approval of a subdivision shall be accompanied
by a fee as set forth within the most recent resolution adopted by
the Town Board.
B.
Engineering consultants: The Planning Board may employ the services of a licensed professional engineer to consult with such Board concerning matters before it. The reasonable and necessary costs thereof shall be paid by the subdivider based upon engineering estimates submitted to the Town and its Planning Board by the engineering firm reviewing the particular project at hand. The Town and/or the Planning Board may require payment in advance, and any unused portion of the estimated cost will be returned to the subdivider upon completion of the subdivision or, alternatively, after rejection of the proposed subdivision by the Planning Board. Payments made pursuant to this subsection shall be subject to the requirements of § 525-143B(3).
[Amended 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019)]
C.
Legal/planning consultants: The Planning Board may employ the services
of a licensed attorney and/or a professional planner to consult with
such Board concerning matters before it. The costs shall be paid by
the subdivider based upon legal and/or planning estimates submitted
to the Town and its Planning Board by such firm reviewing the particular
project at hand. The Town and/or the Planning Board may require payment
in advance, and any unused portion of the estimated cost will be returned
to the subdivider upon completion of the subdivision or, alternatively,
after rejection of the proposed subdivision by the Planning Board.
A.
Where a zoning ordinance or local law has been adopted by the Town,
the lots shown on the proposed subdivision plat shall at least be
in compliance with the dimensional requirements set forth within the
Town of Southport Zoning Law, as well as comply with the requirements
thereof subject, however, to the provisions of Section 278 of Article
16 of the New York State Town Law.
B.
Notwithstanding any provision of law to the contrary, where a plat
contains one or more lots which do not comply with the zoning regulations,
application may be made to the Zoning Board of Appeals for an area
variance pursuant to Section 267-b of Article 16 of the New York State
Town Law, without the necessity of a decision or determination of
an administrative official charged with the enforcement of the zoning
regulations. In reviewing such application, the Zoning Board of Appeals
shall request the Planning Board to provide a written recommendation
concerning the proposed variance.
Where compliance with these regulations would cause extraordinary difficulties or would be inappropriate because of exceptional and unique conditions, the Planning Board may waive the minimum requirements of these regulations, provided that the public interest is protected and the development is in keeping with the general spirit and intent of these regulations, Chapter 525 (Zoning), and the Town Plan (if such exist). Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connection facilities adjacent or in proximity to the subdivision. Such waiver shall be in coordination with Section 277-7 of Article 16 of the NYS Town Law.
[Amended 8-9-2022 by L.L. No. 3-2022 (Res. No. 125-2022)]
If the proposed subdivision consists solely of the simple alterations of lot lines and it meets the current § 525-24, Bulk and Density Control Schedule, then normal subdivision procedures may be waived at the discretion of the Planning Board or duly authorized representative. Such subdivision shall be deemed a resubdivision. If normal subdivision procedures are not waived, then such resubdivision shall be deemed to be a major or minor subdivision at the discretion of the Planning Board, or a duly authorized representative, in which case the appropriate procedure set forth in this chapter shall apply.
A.
It is the express intent of the Town Board that this chapter shall
supersede §§ 261-b, 274-b, 276, 277, 278, 279 and any
other provision of Article 16 of the NYS Town Law inconsistent with
the provisions herein, pursuant to § 10 of the Municipal
Home Rule Law.
B.
This chapter is not intended to interfere with, abrogate or annul any other law, rule or regulation, statute or provision of law. Where any of the provisions of this chapter impose restrictions different than any other law, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control; provided that, in the event of an apparent conflict between this chapter and Chapter 525, Town of Southport Zoning Law, of the Code of the Town, the latter shall control. This chapter, however, shall repeal and replace in its entirety the "Subdivision of Land Law" Chapter 464 previously approved by the Town Board, including all amendments thereto preceding the enactment of this chapter as a local law.
