A.
All streets shall be of sufficient width, suitably
located, related to the topography, adequately constructed to accommodate
the prospective traffic and afford access of emergency equipment,
snow removal and other road maintenance equipment and shall be coordinated
to compose a convenient system. The arrangement of streets shall be
such as to cause no undue hardship to adjoining properties.
B.
The arrangement of streets in the subdivision shall
provide for the continuation of principal streets in adjoining subdivisions
and for the proper projection of principal streets into adjoining
properties which are not as yet subdivided.
C.
Streets shall conform to the Village Master Plan,
if one exists.
[Amended 12-5-2019 by L.L. No. 11-2019]
A.
Lots shall, in general, be rectangular and somewhat deeper than they are wide. All lots shall conform to Chapter 197, Zoning, requirements, and the lot lines shall generally be at right angles to the street line.
B.
Flag lots. The Planning Board may approve the creation of one or more flag lots, as defined in § 197-1, within a subdivision, provided that the Planning Board finds that the design and arrangement would not create difficulties for traffic safety and adequate access and that a standard lot and street design and arrangement would not result in a better subdivision design and arrangement. A flag lot created under this Chapter 150 shall comply with and be subject to the following additional regulations:
(1)
The minimum frontage of the flagpole (flag strip) along the street
line shall be 15 feet, and its minimum width shall be 15 feet along
its entire length (from the street line to the flag portion of the
lot). The Planning Board may require that the minimum frontage or
width of the flagpole should exceed 15 feet if necessary or appropriate
to provide adequate access to the flag portion of the lot or to provide
adequate screening or buffering to adjacent parcels.
(2)
The Planning Board may designate one of the internal lot lines of
any flag lot as the front lot line, incident to approving a subdivision
that contains the flag lot, if the Planning Board deems such designation
to be appropriate for future planning and design purposes relating
to the flag lot, the subdivision, or the neighborhood.
(4)
Common driveways. Where any flag lots are created in a subdivision,
the Planning Board may require the use of common driveways to minimize
curb cuts at the street line and provide access to multiple lots over
a single common driveway. Where one or more common driveways are incorporated
into a subdivision, the following provisions shall apply to any portion
of a common driveway that is used as access to more than one lot:
(a)
The common driveway shall be treated as a required improvement
under this chapter.
(b)
The common driveway shall be of sufficient width, suitably located,
related to the topography and adequately constructed to accommodate
the prospective traffic and afford access of emergency equipment,
snow-removal and other road-maintenance equipment.
(c)
The location and arrangement of any common driveway shall be
such as to cause no undue hardship to adjoining properties. Common
driveways shall only be permitted along the perimeter of a subdivision,
adjacent to neighboring properties, if the Planning Board finds that
suitable buffering and screening exists to prevent adverse impacts
on the neighboring properties.
(d)
The location of the common driveway shall be shown on the subdivision
plat and reviewed in accordance with the procedures for review of
streets and roads. Detail plans and profiles of the common driveway,
along with associated stormwater drainage facilities, shall also be
included on the final road and drainage plans for the subdivision.
Blocks shall not be excively long, thereby causing
unnecessary travel on the streets. In general, the maximum block length
shall be 1,200 feet, and the minimum length shall be 400 feet.
Proposed grades for streets and lot areas shall
bear a logical relationship to the natural topography. It is the policy
of the Village of Westhampton Beach to discourage massive regrading
of subdivision sites where such earthmoving would cause extreme cut
or fill for streets or lots, stripping of natural ground cover and
destruction of worthwhile topographical features. Trees and natural
vegetation shall be preserved wherever possible.
Areas disturbed by construction work will be
smooth graded, will have objectionable material that is exposed removed
from the surface and will be seeded to prevent erosion of slopes and
gutters. An established stand of grass suitable for mowing will be
required before a road can be accepted.
Street trees shall be provided in all subdivisions,
unless adequate trees acceptable to the Board and which exist in the
proper locations are left in place and are in a healthy condition.
A.
Trees shall be of nursery stock of an approved species
grown under the same climatic conditions as at the location of the
development. They shall be of symmetrical growth, free of insect pests
and disease, suitable for street use and durable under the maintenance
contemplated.
B.
The average trunk diameter measured at a height of
six feet above the finished ground level shall be at least two to
three inches depending on good practice with reference to the particular
species to be planted.
C.
Trees shall be planted at intervals of from 40 to
60 feet apart, depending on the species and location of lot lines,
along both sides of the street and shall be located within the street
right-of-way, eight feet from the property line, in such a way that
they do not interfere with streetlighting.
D.
All planting shall be done in conformance with good
nursery and landscaping practice.
E.
All trees, whether existing or transplanted, shall
be in a healthy condition at the time of release of the bond or acceptance.
[Amended 7-7-2003 by L.L. No. 6-2003]
A.
It shall be the policy of the Planning Board to require
reserved areas for a park or parks suitably located for playground
or other recreational purposes, in perpetuity, for the residents of
the subdivision. Reserved areas may be offered for dedication to the
Village. The proposed reserved area shall be approved by the Planning
Board and shall comprise not less than five acres per 100 dwelling
units shown on the plan (2,178 square feet of reserved area per dwelling
unit), suitably located as determined by the Board, unless the Board
shall determine that such requirement, in whole or in part, cannot
be properly allocated on any such plan and is impractical.
B.
In cases where the Planning Board determines that
a reserved area cannot be properly located within the locus of the
plan, the applicant shall be required to pay a recreation area or
park fee to the Village equal in amount to the fair market value at
the time of the application procedure of the land area shown on the
plan that would otherwise be required for a reserved site. All such
payment shall be held in a fund to be used exclusively for the acquisition
of sites that are properly located for neighborhood parks, playground
or recreational purposes or for the physical improvement of such sites.
The formula for the fee shall be the appraisal amount of the parcel
to be subdivided at the time the Planning Board deems the application
substantially complete divided by the area of the parcel in square
feet times 2,178 square feet of reserved area for each new lot created
on the plan. For purposes of this section, the number of new lots
shall be determined as follows:
[Amended 3-2-2023 by L.L.
No. 5-2023]
(1)
For any subdivision of vacant land, the number of new lots shall
be deemed to be the total number of residential lots created from
the subdivision: and
(2)
For any subdivision of improved land, the number of new lots shall
be deemed to be the total number of residential lots created from
the subdivision minus the number of lawfully preexisting residences
on the subdivided lands: and
(3)
For any resubdivision of preexisting lots (i.e., lot line modification)
that does not result in an increase in the allowable number of dwelling
units on the lots, no new lots shall be deemed to have been created
thereby.
C.
The requirements for providing parkland or payment of a recreation area or park fee as set forth in Subsections A and B of § 150-11 do not apply to two-lot subdivisions, provided that applicants provide a recorded covenant in a form satisfactory to the Village Attorney that the subdivided lots created will not be further subdivided. For all two-lot subdivisions, there shall be a flat fee of $5,000 for the additional lot created. Such payment shall be held in a fund as described in Subsection B herein.
[Added 1-3-2008 by L.L. No. 1-2008]
All subdivisions are required to have certain
improvements. These improvements shall be constructed in accordance
with the Planning Board specifications, standard detail sheets and
other drawings as approved by the Superintendent of Highways and the
Planning Board.
A.
The following improvements are required in all subdivisions:
(1)
Clearing and grading of all new streets.
(2)
Paving of all streets.
(3)
Fire hydrants or fire wells.
(4)
Adequate drainage facilities consisting of recharge
basins or seepage pools or lots specifically designated for runoff
which will never be used for building.
(5)
Landscaping and fencing of recharge basins.
(6)
Concrete monuments.
(7)
Street signs to conform to existing Village standards.
(8)
Street trees.
B.
A minimum finished grade of seven feet above MHW shall
be required of all locations within a subdivision adjacent to areas
affected by tidal action. The rise to the minimum finished grade shall
be at the rate of at least one vertical foot for every five linear
feet. Waiver of the requirement may be made upon certification of
necessity by a licensed engineer or architect.
As an alternate to doing work, the developer
shall furnish an acceptable performance bond or certified check as
a guaranty to the Village of Westhampton Beach that he will construct,
or cause to be constructed, the required improvements. Such bond shall
not be released until all work has been completed.
The amount of the performance bond or certified
check will be based upon the Building Inspector's estimate of the
total cost of the required improvements, plus a reasonable estimate
of anticipated increased costs during the period of the life of the
bond.
The performance bond shall run for a period
of no more than two years. The Planning Board may extend the term
of the bond in appropriate cases where such action would be in the
public interest.
At the time of the release of the performance
bond, a surety bond or certified check, made payable to the Village
of Westhampton Beach, shall be furnished by the developer to guarantee
upkeep and the workmanship and materials of all required improvements
for a period of one year from the date of release of the performance
bond by the Village. This bond or check shall be in an amount which
is up to 1/3 of the performance bond estimate.
An upkeep bond, renewable yearly, shall be furnished
to guarantee normal maintenance and upkeep on all required improvements
until final acceptance by the Village.
[Amended 10-8-1997 by L.L. No. 12-1997]
An inspection fee shall be paid to the Planning
Board prior to the time that the Chairman of the Planning Board signs
the final plat. Said fee shall be as determined by the Board of Trustees.
Construction of the required public improvements
shall not begin until all final road and drainage plans have been
approved by the Superintendent of Public Works and the final plat
has been recorded in the Suffolk County Clerk's office.
[Amended 1-12-2004 by L.L. No. 1-2004[1]]
A.
Applicability. Subdivision applications of inconsequential significance, that comply with the general requirements and performance standards set forth in Subsection A(1)(a) below, shall not require preliminary plat review and the applicant may submit a final plat application for minor review based upon the Planning Board’s determination at the pre-preliminary application.
(1)
General requirements.
(a)
The subdivision does not adversely affect the
development of the remainder of the parcel or adjoining property;
(b)
The subdivision is not in conflict with the provisions of the Village Comprehensive Plan and Chapter 197, Zoning, of the Village Code;
(c)
The subdivision complies with applicable environmental
regulations that impose setbacks, buffers, clearing restrictions,
fertilization restrictions or other standards and is either a Type
II action or a negative declaration can be issued for an unlisted
action. A Type I action or an action arising in a positive declaration
shall not qualify for a minor review.
(2)
Performance standards.
(a)
No more than four lots are created by the subdivision;
(b)
The proposed lots front on an existing street
and the subdivision does not involve the construction of any new streets
or roads or extend existing streets;
(c)
Existing public utilities have the capacity
to service the proposed lots without major extensions thereof;
(d)
The subdivision does not require the installation
of drainage facilities to handle increased stormwater runoff, but
may benefit therefrom or improve existing conditions; and
(e)
The subdivision does not increase by more than
5% the peak hour traffic of the improved local street system serving
the site.
B.
A completed application, final plat, filing fees and
supporting materials shall be submitted before final review may begin.
Incomplete submission of the subdivision proposal shall render the
application not duly submitted. The Planning Board shall have the
option to hold a public hearing on the plat depending on the degree
of interest shown by abutters, the public or interested agencies;
the need for informative comment by technical specialists or community
representatives; and whether the applicant needs further opportunity
to present the subdivision to the Planning Board and/or public. The
Planning Board shall, however, hold a public hearing on the final
plat where said plat is not in substantial agreement with the Planning
Board pre-preliminary report. Where no hearing is to be held, the
Planning Board shall provide notice of a complete application by posting
said notice at the Planning Board office and on the Village Clerk’s
signboard and accept written public comment for a reasonable time
thereafter.
C.
Final plat approval by the Planning Board renders
a complete submission to become the basis for the conveyance of lots
and the issuance of building permits, subject to the fulfillment of
any conditions called for by such approval. The plat itself shall
be recorded at the office of the County Clerk to have legal status.
D.
Submission requirements. The final plat submission
of an application for minor review shall consist of the following
items:
(1)
Written request for a minor subdivision review demonstrating
compliance with the general requirements and performance standards
as contained in Subsections A(l) and A(2) above.
(2)
Application material in compliance with Article V of this section, including prints of the survey map showing all contiguous holdings, the arrangement of lots, their metes and bounds, adjacent landowners and such other data required by these regulations in sufficient quantity to allow the Planning Board to make all referrals. (Check with the office of the Planning Board.)
(3)
Application fee.
(4)
Copies of legal instruments covering parkland dedications
or scenic and other forms of open space easements.
(5)
A copy of covenants or deed restrictions as are intended
to cover all or part of the tract.
(6)
No application for final plat approval shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQR) as implemented by Chapter 81 of the Village Code or the application is deemed to be a Type II action.
(7)
If the subject property is located within the jurisdiction
of the New York State Department of Environmental Conservation with
respect to fresh or tidal wetlands, the applicant shall provide documentation
with the final application indicating that Articles 24 and 25 of the
State Environmental Conservation Law have been complied with.
E.
The Planning Board may also require the following
items:
(1)
A letter directed to the Planning Board from the Suffolk
County Department of Health Care Services relative to the subdivision’s
compliance with all appropriate standards.
(2)
A letter directed to the Planning Board by a responsible
official of the electric power agency and of the water service agency
which have jurisdiction in the area assuring provisions of necessary
services to the proposed subdivision.
(3)
Letters, in appropriate cases, directed to the Planning
Board and signed by the responsible official of the State Department
of Transportation or the Suffolk County Department of Public Works
approving proposed construction on state or county rights-of-way.
It is the policy of the Planning Board to recommend the acceptance for dedication into the Village highway system of all improvements, particularly those set forth in § 150-12, when they have been completed and maintained in accordance with the specifications contained herein. It should, be noted, however, that a street designated and approved as a lane can never be so accepted.
In any particular case where exceptional conditions
of terrain or other factors do, in its judgment, impose undue hardship
or practical difficulty, the Planning Board shall have the right to
vary the provisions, provided that it can be done in such a way as
to grant relief and at the same time protect the general interest.
The Planning Board may waive, subject to appropriate conditions, the
provisions of any or all of such improvements and requirements as,
in its judgment of the special circumstances of a particular plat
or plats, are not requisite in the interest of the public health,
safety and general welfare or which, in its judgment, are inappropriate
because of inadequacy or lack of connecting facilities adjacent to
or in proximity of the subdivision.
Subdivision maps that have been duly filed in
the office of the Clerk of Suffolk County prior to the date of the
creation of the Planning Board of the Village of Westhampton Beach
which may come before the Board for approval shall not be required
to pay the preliminary filing fee and the final filing fee. However,
the Board may charge the inspection fee on such old subdivisions.
These maps will be processed by the Planning Board, and final road
and drainage plans must be submitted and approved before construction
begins.
Alternative schemes showing general outline, street and lot layout, general topography and proposed solution to drainage problems shall be submitted prior to submission of a more detailed preliminary map, as outlined in Article III, following. Actual ownership of the parcel in question shall be indicated.
