In accordance with the provision of § 281
of the Town Law and the general and special conditions hereinafter
set forth, the Town Board may authorize the Southeast Planning Board
to approve planned subdivision plats in residence districts involving
modification of lot area, shape and frontage. All provisions of this
article are in addition to other provisions applicable in the district
where the planned subdivision plat is to be located, except as such
provisions are modified by this article.
The purposes of authorization of planned subdivision
plats shall be to enable and encourage flexibility of design and development
of land in such a manner as to promote the most appropriate use of
land, to facilitate the adequate and economical provision for streets
and utilities and to preserve the natural and scenic qualities of
lands in support of one or more of the following open space functions:
The following procedures shall be applicable
to the authorization of planned subdivision plats:
A.
Application. Application for authorization of planned subdivision plat shall be made to the Southeast Planning Board, prior to application for a subdivision plat under Chapter 123, Subdivision of Land, which application shall be accompanied by the following in the number and format set forth the "Planning Board's Schedule of Document Submission" available in the office of the Planning Board's administrative assistant:
[Amended 5-7-2015 by L.L.
No. 4-2015]
(1)
A boundary map of the tract to be platted and a metes and bounds
description thereof.
(2)
A standard preliminary plat, showing a plat of the tract conforming
in all respects to the regular lot area, shape and frontage provisions
of this chapter and said land subdivision regulations.
(3)
A modified preliminary plat, showing a plat of the tract as a planned
subdivision plat conforming in all respects to general conditions
of this article and said land subdivision regulations.
(4)
A written statement certified by the applicant, identifying the owner
of the tract and the applicant and setting forth:
B.
Notice, referral and review. Upon receipt of the application,
the Planning Board shall promptly notify the Town Board in writing
that the application is received. The Planning Board may call the
applicant into consultation and may request the applicant to submit
such additional information that it deems necessary in order to review
the application. Within 45 days after the regular meeting at which
the application is received, the Planning Board shall determine that
the application is complete or shall request additional information.
[Amended 11-16-2006 by L.L. No. 12-2006]
C.
Planning Board report.
(1)
Sixty-five days after the meeting at which the application is determined complete or after the regular meeting at which the additional information requested in Subsection B is received, the Planning Board shall forward the application and accompanying maps, plans, data and documents to the Town Board, together with a written report containing the following:
[Amended 11-16-2006 by L.L. No. 12-2006]
(a)
An evaluation of the proposal and the findings
of the Planning Board with respect to compliance with the general
conditions of this article, the effectiveness of the plat in accomplishing
the purposes of this article and the manner in which the plat would
be of benefit to the Town.
(b)
A statement certifying that the standard and the modified preliminary plats are in substantial conformity with this chapter and Chapter 123, Subdivision of Land.
(c)
Any recommendations for or against authorization
of a planned subdivision plat and any special conditions which should
be part of such authorization.
(2)
The applicant and the Planning Board may, by mutual
consent, extend the time for review and report.
D.
Town Board action. Within 45 days after receipt of
the application and report from the Planning Board, the Town Board
shall hold a public hearing and, within 45 days after a public hearing,
shall, by resolution, authorize or deny authorization to the Planning
Board to approve a planned subdivision plat for the tract. Authorization
for such plat shall be deemed conditioned upon the following:
(1)
That the plat shall conform in all respects to the general conditions of this article and Chapter 123, Subdivision of Land.
(2)
That such authorization pertains only to the tract
for which the application was made.
(3)
That the plat shall conform to any special conditions
established by the Town Board, including but not limited to a plan
for ownership, use, operation and maintenance of the open space approved
by the Town Board as deemed necessary to assure the preservation and
proper use of the open space lands for their intended function.
E.
Planning Board action. After an application for a planned subdivision plat is authorized, subject to conditions as specified in Subsection C, the applicant may proceed to apply for a subdivision plat under Chapter 123, Subdivision of Land, and the Planning Board may approve such plat in accordance with such Town Board authorization.
The following general conditions are applicable
to planned subdivision plats:
A.
Plat and lots. Both the standard preliminary plat and modified preliminary plat submitted with the application under § 138-39A shall conform in all respects to this chapter, Chapter 123, Subdivision of Land, and the standard road and drainage specifications of the Town of Southeast.[1]
(1)
Such standard preliminary plat shall:
(a)
Include a reservation of land for park purposes
equal to not less than 10% of the area of the tract;
(b)
Exclude from the required minimum area for each
lot any land having a grade in excess of 25%; and
(c)
Exclude from potential lots any land that in
its natural state is uninhabitable or otherwise unsuitable for use
as a building lot.
(2)
The number of lots shown on a planned subdivision
plat shall not exceed the number shown on the standard preliminary
plat and certified by the Planning Board.
B.
Use of lots. Each building lot in a planned subdivision plat shall be used only for one or more of the purposes specified in Article IV of this chapter.
C.
Area of open space land. The area of open space land
shown on the planned subdivision plat shall equal 10% of the area
of the tract plus not less than the sum of the amount of area by which
any or all lots shown on the plat are reduced in area below the minimum
required in the district where located.
D.
Plat map. The boundaries of the open space land shall
be clearly delineated on the planned subdivision plat map, and such
boundaries shall be property lines or easement or other restriction
lines in accordance with the approved plan of ownership, use, operation
and maintenance. The map shall also bear notes specifying that:
(1)
The plat is approved under the provisions of this
article and § 278 of the Town Law;
[Amended 4-24-2003 by L.L. No. 7-2003]
(2)
Identified areas on the plat are reserved as open
spaces for particular functions;
(3)
A particular ownership of each open space parcel is
intended and is approved by the Town Board; and
(4)
There shall be no further division of any open space
parcel unless approved by the Town under a revised plat.
E.
Use of open space. The permitted use of the open space land under this chapter shall be that which is specified in the approved plan of ownership and use, and no building or other structure shall be established on such open space unless a special permit therefor is secured under the provisions of Articles IX, X and XIII of this chapter.
F.
Management plan. Unless otherwise approved by the Town Board under § 138-39D, the plan of ownership, use, operation and maintenance of each parcel of open space land shall provide for one of the following forms of ownership as specified by the Town Board:
(1)
By the Town of Southeast.
(2)
By a park district that encompasses no less than the
plat.
(3)
By an incorporated association of the owners of lots
in the plat.
(4)
By a nonprofit trust or corporation having as its
principal purpose the ownership, operation and maintenance of conservation
and other open space land.
(5)
By encumbrance, such as encroachment restrictions,
conservation easement or other permanent restriction upon private
land that is part of a lot in the plat.
G.
The dwelling units constructed, pursuant to the standards
and procedures set forth herein, may, at the discretion of the Planning
Board and subject to any conditions set forth by the Town Board, be
in detached, semidetached, attached or multistory structures.
H.
Applications for attached housing under this article shall also be subject to review according to the general standards and criteria of Article IV of this chapter.
I.
The application of this chapter shall result in a permitted number of building lots of dwelling units which shall in no case exceed the number which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. This calculation of density shall be determined by use of the standards and formula set forth in Article IV of this chapter.
