A.
In order to obtain final plat approval the following applies; however, a conservation subdivision may follow instead the requirements for an open development area as set forth in Article VIII of this chapter.
B.
Application for final plat approval shall be made
prior to the expiration of sketch plan approval for a conservation
subdivision and or preliminary plat approval for a standard subdivision.
C.
Required documents. The final plat shall show the
layout and other aspects approved by the Planning Board in its sketch
plat or preliminary plat approval, and any other conditions imposed
by the Planning Board in those approvals.
D.
The application for final plat review shall include:
(1)
Twelve paper copies and four Mylar copies of the final
plat.
(2)
Five copies of the final road and drainage plan.
(3)
Two copies of cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements; Inspections; Fees, of this chapter.
(4)
Fee.
(5)
Any other documents required by the Planning Board
as a condition of its sketch plat or preliminary plat approval.
A.
The final plat shall be printed upon Mylar or other
base material acceptable to the County Clerk. The size of the sheets
shall be 18 inches by 20 inches or 20 inches by 36 inches, including
a margin for binding of two inches, outside of the border, along the
left side and a margin of one inch outside of the border along the
remaining sides. The final plat shall be drawn at a scale of no more
than one inch equals 100 feet and oriented with the North point at
the top of the map. When more than one sheet is required, an additional
index sheet of the same size shall be filed showing to scale the entire
subdivision with lot and block number clearly legible.
B.
The final plat shall show:
(1)
Proposed subdivision name or identifying title and
the name of the hamlet, Town and county in which the subdivision is
located, the name and address of the record owner and applicant, name,
license number and seal of the professional engineer or licensed land
surveyor.
(2)
Street lines, pedestrianways, lots, reservations,
easements and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the Town Engineering
Office to determine readily the location, bearing and length of every
street line, lot line, boundary line, and to reproduce such lines
upon the ground. Where applicable, these should be referenced to monuments
included in the state system of plane coordinates and in any event
should be tied to reference points previously established by a public
authority.
(4)
The length and bearing of all straight lines, radii,
length of curves and central angles of all curves, tangent bearings
shall be given for each street. All dimensions and angles of the lines
of each lot shall also be given. All dimensions shall be shown in
feet and decimals of a foot. The final plat shall show the boundaries
of the property, location, graphic scale and true North point.
(5)
The final plat shall also show by proper designation
all public open spaces for which deeds or easements are included and
those spaces title to which is reserved by the applicant. For the
latter, there shall be submitted with the final plat copies of agreements
or other documents showing the manner in which such areas are to be
maintained and the provisions made therefor.
(6)
All offers of dedication and covenants governing the
maintenance of reserved open space shall bear the certificate of approval
of the Town Attorney as to their legal sufficiency.
(7)
Lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with prevailing Town
practice.
(8)
Permanent reference monuments shall be both shown
and constructed in accordance with specification(s) of the Town Engineering
Office. When referenced to the State system of plane coordinates,
they shall also conform to the requirements of the State Department
of Transportation. They shall be placed as required by the Town Engineering
Office and their location noted and referenced on the plat.
(9)
Reference to any self-imposed restrictions, and locations
of any building lines proposed to be established in this manner, if
required by the Planning Board in accordance with these regulations.
(10)
Endorsement of the Suffolk County Department
of Health and/or the Suffolk County Water Authority.
(11)
A statement that a declaration of covenants
and restrictions has been filed in the County Clerk's Office and that
such covenants and restrictions affect the subdivision and properties
within it.
(12)
MIFDU lots must be designated on the final plat.
(13)
The title shall identify if the subdivision
is a conservation subdivision.
C.
The developer shall submit six copies of the road
and drainage plans showing all typical plans, sections, profiles,
details and design calculations as needed or required to indicate
the proposed construction and/or development.
(1)
Road and drainage plans shall show all meets and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications of the Town Code.
(2)
Where indicated or required, road and drainage plans
shall include but not be limited to the following:
(a)
Metes and bounds descriptions of all building
lots indicating lot areas, proposed building envelopes and scenic
buffer areas.
(b)
Utilities: indicate size and location of all
below-grade utilities, including proposed water mains, electrical
conduit and transformer pads.
(c)
Fire wells or fire hydrants.
(d)
The limits of all tidal and freshwater wetlands
within 100 feet of the proposed development.
(e)
Topographical contours at an interval that will
accurately depict the slope and contour of the site.
(f)
Road profiles and typical cross sections.
(g)
Drainage calculations and design indicating
all drainage structures and piping.
(h)
Test hole and boring data.
(i)
All existing and proposed easements indicating
width, area and purpose.
(j)
Concrete survey monuments.
(k)
Curbing.
(l)
Sidewalks.
(m)
Streetlights.
(n)
Street trees, including size, type and specifications
for placement.
(o)
Street signs, indicating type and location.
(p)
Proposed curb-cut detail.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act (SEQRA), and its implementing
regulations. When no preliminary plat is required to be submitted,
an application for final plat approval shall not be considered complete
until a negative declaration has been filed or until a notice of completion
of the final environmental impact statement has been filed in accordance
with the provisions of SEQRA. The time periods for review of such
plat shall begin upon filing of such negative declaration or such
notice of completion.
[Amended 5-8-1973]
Upon receipt of the complete application for final plat approval, a copy of the cost estimate required under Article IX, Bonds and Other Security, of this chapter and the road and drainage plan required under § 240-21C shall be forwarded to the Town Engineering Office for review and compliance with Chapter 161, Highway Specifications, and other relevant provisions of the Town Code. The Planning Board shall accept, reject or modify the recommendations of the Town Engineering Office at a public meeting and shall notify the applicant of its decision.
When a final plat is submitted which the Planning
Board deems to be in substantial agreement with a preliminary plat
approved pursuant to this chapter, the Planning Board shall, by resolution,
approve or conditionally approve, with or without modifications, grant
final approval and authorize the signing of such plat or disapprove
the plat, within 62 days of its receipt by the Planning Board. Notwithstanding
the foregoing provisions hereof, the time in which the Planning Board
must take action on such plat may be extended by mutual consent of
the applicant and the Planning Board.
A.
When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with a preliminary
plat approved pursuant to this chapter, or when no preliminary plat
is required to be submitted and a final plat clearly marked "final
plat" is submitted conforming to the definition provided by this chapter
the following shall apply:
(1)
Planning Board as lead agency; public hearing; notice;
decision.
(a)
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Clerk of the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(b)
Public hearing; notice length. The hearing on the final plat shall be advertised at least once in the official newspaper so designated by the Town Board at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, and as set forth above in § 240-19C(2). The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the final plat is not required,
the Planning Board shall, by resolution, conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat within 62 days after the date of the public
hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall, by resolution, conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of the such plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(2)
Planning Board not as lead agency; public hearing;
notice; decision.
(a)
Public hearing on final plat. The Planning Board
shall, with the agreement of the lead agency, hold the public hearing
on the final plat jointly with the lead agency's hearing on the draft
environmental impact statement. Failing such agreement, the Planning
Board shall hold the public hearing on the final plat within 62 days
after the receipt of a complete final plat by the Clerk of the Planning
Board.
(b)
Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in the official newspaper so designated by the Town Board at least five days before such hearing is held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, and as set forth above in § 240-19C(2). The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat within
62 days after the close of the public hearing on such final plat.
The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
[1]
If the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the final plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
B.
Final approval. Prior to obtaining the Planning Board
Chair's or Vice Chair's signature of the final plat, the developer
shall have provided the following:
(1)
Performance bond.
(2)
Approval of final road and drainage plans from the
Town Engineering Office.
(3)
Schedule of construction dates.
(4)
Copies of required permits.
(5)
Proof that funds owed in accordance with the affordable
housing requirement have been paid.
(6)
In a conservation subdivision, an executed contract
or other legal instrument perpetually preserving and protecting the
land shall be submitted.
C.
Conditional approval of final plat. Conditional approval
does not qualify the final plat for recording or authorize issuance
of building permits prior to the recording of the plat in the County
Clerk's office. The applicant shall have 180 days from the adoption
of a resolution of conditional approval to meet the conditions. The
Planning Board may extend this time for no more than two additional
periods of 90 days each. The conditionally approved final plat shall
not be filed until all conditions have been met.
D.
Filing of decision on final plat. Within five business
days from the date of the adoption of the resolution approving the
final plat, the Chair or other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
E.
Final approval; filing; expiration. The approved final
plat shall then be signed by the Chairperson or other duly authorized
officer of the Planning Board, and forwarded to the applicant for
filing at the Suffolk County Clerk's Office. The final plat shall
be filed by the applicant within 62 days of the date of final approval,
or such approval shall expire. Final approval shall be determined
in accordance with § 276 of the New York State Town Law.
F.
Final plat void if revised after approval. No changes,
erasures, modification(s), or revisions shall be made to any final
plat after it has been approved by the Planning Board, and such approval
has been endorsed in writing on the plat, unless the said plat is
first resubmitted to the Planning Board and the Planning Board approves
any modifications. In the event that any such final plat is filed
without complying with this requirement, the same shall be considered
null and void, and the Planning Board shall institute proceedings
to have the final plat stricken from the records of the Suffolk County
Clerk.
G.
Default under previous final plat. The Planning Board
shall not approve a final plat if the applicant is in default on a
previously approved final plat.
H.
This chapter is intended to supersede and amend inconsistent
provisions of Town Law § 276(8) by eliminating the provisions
for default approval resulting from the Planning Board's failure to
take any action or hold any hearing on a preliminary or final plat
within the statutory time periods.
