Whenever any subdivision of land showing new streets or highways is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his duly authorized agent shall apply for approval of such proposed subdivision in accordance with the following procedure.
A. 
Application.
(1) 
The subdivider shall file with the Planning Board an application for preliminary approval prior to submitting any final application or drawings. The preliminary submission shall consist of the preliminary subdivision application, a preliminary map, an environmental assessment form (if five or more proposed lots) and the engineering review fee, plus the application fee in a sum as required under a fee schedule established by the Board of Trustees, on file at the Village Clerk's Office and amended by resolution from time to time by the Board of Trustees as need arises.
[Amended 10-5-1993 by L.L. No. 4-1993; 5-1-2007 by L.L. No. 6-2007]
(2) 
The engineering review fee shall be a percentage of the estimated total cost of capital improvements, including but not limited to roads, clearing and drainage. The basis for the estimated total cost of improvements shall be a formula within a fee schedule established by the Board of Trustees, on file at the Village Clerk's Office, amended by resolution from time to time by the Board of Trustees as need arises, and shall be a percentage of the estimated total cost of capital improvements including but not limited to roads, clearing and drainage as calculated by the Village Engineer. In no event will the engineering review fee be less than the cost incurred by the Village. All such cost shall be paid in full prior to granting of final approval of said submission.
[Amended 10-6-1986 by L.L. No. 10-1986; 5-1-2007 by L.L. No. 6-2007]
(3) 
All checks shall be made payable to the Village of North Haven.
(4) 
If a subdivision application is abandoned, no part of the engineering fee already paid to the Village will be returned to the subdivider.
B. 
Discussion of requirements.
(1) 
Before preparing the preliminary layout, a sketch plan shall be submitted for discussion with the Planning Board or its representative, including but not limited to the requirements for street improvements, storm drainage, sewage disposal, water supply, fire protection and similar aspects, as well as the availability of existing services. The subdivider should also discuss the preliminary layout with the Suffolk County Department of Health, which must eventually approve any final subdivision plat containing two or more lots or parcels. Any sketch plan submitted in accordance with this subsection shall be accompanied by a review fee of $300.
[Amended 10-5-1993 by L.L. No. 4-1993]
(2) 
In those cases where subdivisions may interfere with existing drainage facilities, the subdivider should discuss the preliminary layout with the Suffolk County Health Department Vector Control in accordance with Article 15, § 1527, of the New York State Public Health Law.
C. 
Number of copies. Seven copies of the preliminary layout shall be presented to the Secretary of the Planning Board at least two weeks in advance of a regular meeting of the Board. A cluster subdivision will require 12 copies of the preliminary map.
D. 
Applicant to attend Planning Board meeting. The applicant or his duly authorized representative should be prepared to attend the meeting of the Planning Board to discuss the preliminary layout. Failing his presence, the Board may defer consideration of the submission to another regular meeting or reject the application.
E. 
Study of layout. The Planning Board will carefully study the practicability of the preliminary layout, taking into consideration its effect on the general character of the Village, the requirements of the Village and the best use of the land being subdivided. Particular attention will be given to the proposed arrangement, location and width of streets and their relation to the topography of the land, water supply, sewage disposal, stormwater drainage and recharge, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Village Plan and the Official Map. If, in the opinion of the Board, the character of the subdivision (by reason of size, design or other factors) so warrants, it may hold a public hearing on the preliminary layout.
F. 
Conditional approval of the preliminary layout.
(1) 
Following review of the preliminary layout, the Board shall, within 60 days, act thereon as submitted or modified; and, if approved, the Board shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved shall express its disapproval and its reasons therefor.
(2) 
The action of the Board shall be noted on two copies of the preliminary layout, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Board.
(3) 
Conditional approval of a preliminary layout shall not constitute approval of the plat. Rather, it shall be deemed an expression of approval of the design submitted on the preliminary layout as a guide to the preparation of the plat which will be submitted for approval of the Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.
A. 
Application for approval.
(1) 
The applicant shall, within six months after the conditional approval of the preliminary layout, file with the Planning Board an application for approval of all or part of the proposed subdivision using the approved application blank available from the Village Clerk. The subdivider may develop the subdivision in progressive stages instead of in its entirety. No subdivision or portion thereof shall be considered unless it abuts at least one street on the Official Map, which street shall be improved to the satisfaction of the Planning Board, or an approved street for which a bond has been filed under § 146-7A below. Failure to submit a section of the plat within six months shall automatically cancel the conditional approval, unless extended by the Planning Board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations,[1] if any, in effect at the time such extension is applied for. Only one time extension of six months shall be granted, except if extraordinary delay shall be caused by the inaction of another regulatory authority, in which event the Planning Board shall have authority, in its discretion, to extend the time inclusive of a period 60 days after said regulatory agency has acted.
[Amended 2-5-1991 by L.L. No. 2-1991]
[1]
Editor's Note: For zoning regulations, see Ch. 163, Zoning.
(2) 
The application shall be accompanied by the final plat, drainage and development plans, road profiles and the engineering review fee. The engineering review fee shall be a percentage of the capital improvement costs as outlined in § 146-5A. Any application for final plat approval shall be accompanied by a review fee in a sum as required under a fee schedule established by the Board of Trustees, on file at the Village Clerk's office and amended by resolution from time to time by the Board of Trustees as need arises.
[Amended 10-5-1993 by L.L. No. 4-1993; 5-1-2007 by L.L. No. 6-2007]
B. 
Number of copies. One original and two duplicate tracings and eight paper prints of the final plat shall be submitted. Five copies of all drainage plans and road profiles shall also be submitted.
C. 
When officially submitted. The subdivision plat shall be considered officially submitted only when all the required surveys, plans and data described in Article IV hereof are provided with the application at a regular meeting of the Board.
D. 
Endorsement of County Health Department. The proposed subdivision plat shall be properly endorsed and approved by the Suffolk County Department of Health. Such endorsement and approval shall be secured by the subdivider before any public hearing is scheduled.
E. 
Public hearing. Before the Planning Board will act on any subdivision plat, it shall hold a public hearing in accordance with § 7-728 of the Village Law.
F. 
Action on proposed subdivision plat. After careful study, the Planning Board will then, within 60 days from official submission date of the subdivision plat, approve, approve with modifications or disapprove the subdivision plat. Approval, however, shall not be deemed final, and the subdivision plat shall not be signed by the authorized officers of the Board for recording until the subdivider has complied with the provisions of § 146-7 and the plat has been properly endorsed and approved by the Suffolk County Department of Health.
G. 
Action on approved plat. After approval by the Planning Board and prior to authorized signing of the final plat, three copies shall be submitted to the Real Property Tax Service Agency, County Center, Riverhead, New York 11901, the purpose of which will be for assignment of tax lot numbers. One copy of the endorsed plat shall be submitted to the Planning Board within 90 days of conditional approval.
H. 
Officers authorized to sign plat. The authorized officers of the Board for the purposes of signing the approved subdivision plat shall be the Chairman and Secretary or, in their absence, the Acting Chairman and Acting Secretary, respectively.
A. 
Improvements and performance bond. Following approval of the subdivision plat by the Planning Board, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1) 
The subdivider shall file with the Village Clerk a performance bond to cover the full cost of all required improvements in an amount set by the Planning Board and the Village Engineer. The bond shall be posted with the Village prior to the plat being signed by the authorized officers of the Planning Board. Such bond shall comply with the requirements of the New York State Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. The bond shall provide that an adequate amount, as determined by the Planning Board, shall be retained for a period of one year to assure the satisfactory completion of the required improvements. The surety bond shall be renewed in periods of one-year until the required improvements have been installed. The amount of the bond shall be increased for inflation at a rate established by the Planning Board. In addition to the surety bond, a cash bond equal to 5% of the surety bond shall be posted with the Village Clerk. This bond shall be held by the Village for a period of one-year subsequent to the completion of all the work to the satisfaction of the Village Engineer and the Village Planning Board. If the bonds are not filed within 45 days of the final approval, the plat shall be deemed disapproved. When all the required improvements have been satisfactorily installed and approved by the Village Engineer, the Planning Board may recommend reduction or release of the surety bonds. Prior to their release, a maintenance bond shall be posted with the Village Clerk in an amount deemed adequate by the Planning Board and satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. The term of the bond shall be for one year. The purpose of this bond is to assure the satisfactory condition of the improvements after they have been initially installed. This bond shall be released by the Village Board of Trustees when they are satisfied that all required improvements have been completed satisfactorily. Before a certificate of occupancy is issued, all road improvements fronting on the lot and to the nearest public road must be completed as shown on the approved development plans.
(2) 
The subdivider shall complete all required improvements to the satisfaction of the Village Board of Trustees before any building permit will be issued. If such improvements are not completed within one year of the approval granted in § 146-6F above, the plat shall be deemed disapproved. The subdivider shall file with the Village a bond in an amount determined by the Planning Board to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety.
B. 
Inspection of improvements.
(1) 
The Village shall employ inspectors to assure that all Village specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board. If the applicant elects to install such improvements before approval of the plat, he shall do so at his own risk. If notified in writing of his intention to so proceed, the Village Board shall assign an inspector; however, approval of improvements by such inspector shall not bind the Planning Board to approve any plat submitted subsequently. In such case, the applicant shall deposit with the Village, prior to approval of this procedure, an amount determined by the Village to be sufficient to cover the cost of the inspection.
(2) 
If a bond is to be given to assure completion of such improvements, the Village Board will assign an inspector to assure such satisfactory completion. The developer shall pay the Village for this cost of inspection. The Village Board's determination of such cost of inspection shall be final.
(3) 
The fee for all field inspections shall be $300 for each day or part thereof required. At the time the subdivider requests a field inspection, he shall submit a check to the Village in an amount to cover the number of days of field inspection required. This request shall be made at least 48 hours before inspection is required.
(4) 
For each inspection required by the Planning Board due to the subdivider's noncompliance with this chapter, an additional $300 per day or part thereof will have to be submitted to the Village within 10 days of notification by the Village of such inspection. When payment has not been received by the time a request for bond release is submitted, the inspection fee will be subtracted from the cash bond. If the cash bond is not sufficient to cover the cost of unpaid field inspections, the surety bond will not be released until all inspection fees are paid.
(5) 
The developer or his duly authorized representative shall be present at any time any road or utility work is in progress.
C. 
Utilities. A letter approving the proposed utility installations and a statement as to who will carry out the construction, signed by a responsible official of the utility company or public authority which has jurisdiction in the area, shall be directed to the Chairman of the Planning Board and shall be received prior to the final plat approval.
D. 
Easements and other releases. The subdivision plan shall be endorsed with the necessary agreements in connection with required easements or other releases.
E. 
Proper installation of improvements.
(1) 
If the Planning Board or its agent shall find, upon inspection, that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the subdivider, the subdivider and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
(2) 
No plat which may be an expansion, part or section of a previously recorded plat and no new plat, regardless of location within the Village, shall be approved by the Board if the subdivider has not fully complied in a previously recorded plat submitted by him for approval.
(3) 
As a condition for the approval of such plat, the Board shall require that the conditions of the former agreement be met by the subdivider before the Board shall take action on the plat.
A. 
Approval and filing. Upon completion of the above requirements and notation to that effect upon the subdivision plat, it shall be deemed to have final approval, shall be properly signed by the appropriate officers of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reason of the failure of the Board to act shall become null and void. (See § 7-728 of the Village Law.)
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat unless said plat is first resubmitted to the Board. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of an acceptance by the Village of any street, park or other open space on such subdivision plat.
B. 
Ownership and maintenance of park, marina and beach areas. When park, natural open space or other recreational areas shall have been required on a plat, the approval of said plat shall not constitute an acceptance by the Village of such area. The Planning Board may require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village Board covering future title, dedication and provision for the cost of grading, development and maintenance of any park, marina or beach area.