[Amended 12-13-2002 by L.L. No. 16-2002; 3-26-2004 by L.L. No. 6-2004]
A. The subdivider shall submit minor subdivision applications,
together with the survey map, engineering deposit as applicable, required
fees and supporting material, to the office of the Planning Board.
B. The Planning Board shall hold a public hearing before
it will approve or disapprove said application at a regular meeting.
C. The subdivider may be required to post a performance
bond to guarantee the installation of required capital improvements.
D. The subdivider shall file approved copies of a minor
subdivision application in the office of the Town Clerk and Building
Inspector.
[Added 3-26-2004 by L.L. No. 6-2004]
A. The adjustment of lot lines shall be reviewed by the
Planning Board and shall be approved or disapproved after the Planning
Board holds a public hearing on the application.
B. The proposed adjustment of lot lines shall result in no more than two parcels of property and shall not create any new or additional tots, or any substandard lots, or an increase in actual or potential additional lots, unless specifically authorized elsewhere in Chapter
111.
C. An application for an adjustment of lot lines shall
consist of the following:
(1) Application fee and engineering review deposit, if
applicable.
(2) A survey map showing the then existing lots whose
boundaries are to be adjusted, and the proposed new lot or lots, certified
by a surveyor licensed in the State of New York and dated within one
year of the application (eight copies).
(3) Deeds for the existing lots (eight copies).
(4) Chains of title and/or single-and-separate title abstracts
for all the existing lots since June 19, 1957, should the Planning
Board deem them necessary.
D. The Planning Board shall review the proposed adjustment
of lot lines to determine that it will have no significant environmental
effect, will not make future development of either of the affected
lots more difficult or impossible, will not create a substandard lot
and that no other immediate or potential zoning, environmental or
health problem would be created requiring more thorough review by
the Planning Board.
E. When the above requirements of this section are met,
the proposed adjustment of lot lines may be approved by the Planning
Board, by resolution, after a public hearing.
F. After approval, any change in lot lines shall be reflected
by the recording of deeds to the owners in identical names as appear
on the existing lots, with amended, certified description. For lots
that change in configuration, the deeds shall specifically state that
all lands placed in common ownership are merged and shall share a
common identification number on the Suffolk County Tax Map.
[Added 3-26-2004 by L.L. No. 6-2004]
A. Whenever a public hearing is required under this Chapter,
notice of the public hearing shall be given as follows:
(1) The office of the Planning Board shall advertise a
public hearing at least five days before such hearing if no hearing
is held on a draft environmental impact statement, or at least 14
days before any hearing held jointly on a subdivision plat/lot line
adjustment and draft environmental impact statement.
(2) The applicant-or his agent shall also erect or cause
to erect a sign or signs which shall be displayed on the parcel upon
which the application is made, facing each public street on which
the property abuts, giving notice that an application has been made
to the Town Planning Board for subdivision or lot line approval, and
stating the time and place where the public hearing will be held.
The sign(s) shall not be located more than 10 feet from the street
line, and shall not be less than two nor more than six feet above
the natural grade at the street line. The sign(s) shall be displayed
for not less than 10 days immediately preceding the public hearing
date. The applicant shall file an affidavit with the Planning Board
that he has complied with the provisions of this section. Failure
to submit such affidavit shall result in the adjournment of the public
hearing.
(3) At least 10 days prior to the hearing, the applicant
shall mail notice of the time, date, place and nature of the hearing
to the owners of record of every property which abuts and every property
which is within 200 feet of the property involved in the application.
Such notice shall be made by certified mail and addressed to the owners
at the addresses listed for them on the local assessment roll. On
or before the commencement of the public hearing, the applicant shall
file a radius map and an affidavit with postal receipts annexed thereto
confirming mailing of said notices. Failure to submit such affidavit
shall result in the adjournment of the public hearing.
[Added 12-28-2006 by L.L. No. 20-2006]
A. In any application to the Planning Board in which a question arises as to the interpretation of any provision of Chapter
111 or the interpretation of any order, requirement, decision, interpretation or determination made by the Building Inspector/Zoning Officer or the Zoning Board of Appeals, the Planning Board may refer the question directly to the Zoning Board of Appeals.
B. In any application to the Planning Board where the application does not conform to any provision of Chapter
111, the Planning Board may refer the applicant directly to the Zoning Board of Appeals to apply for a variance without the necessity of a decision from the Building Inspector/ Zoning Officer.
C. A referral under this section may be made during the
pendency of any application to the Planning Board, in which case the
application to the Planning Board will be held in abeyance, and all
statutory time periods will be tolled, until the Zoning Board of Appeals
has filed its decision on the referral. Alternatively, for minor and
major subdivision applications, a referral under this section may
be made as a condition of a final approval of the subdivision, but
the final plat may not be signed unless and until the Zoning Board
of Appeals has issued a decision that would be consistent with the
final plat.
D. Upon any referral under this section, the Planning
Board may submit a recommendation and report to the Zoning Board of
Appeals as to any circumstances that the Planning Board believes should
be considered by the Zoning Board of Appeals.