[Amended 6-26-1993 by L.L. No. 21-1993]
The preapplication shall be required to enable
a subdivider to have the benefit of the Planning Board's input as
to form, layout, development constraints, zoning, environmental impacts
and other issues before making a formal application.
[Amended 4-26-1988 by L.L. No. 3-1988; 6-26-1993 by L.L. No. 21-1993]
A.
Any owner of land shall, prior
to subdividing or resubdividing land, submit to the office of the
Planning Board at least six copies of a preapplication of the proposed
subdivision, which shall use the standards set forth in Article as
a guide. In addition, a digital copy of all application materials
shall be submitted in a format determined, and changed as needed,
by the Town Clerk.
[Amended 3-10-2020 by L.L. No. 2-2020]
B.
A fee schedule shall be established, and changed as
needed, by resolution of the Southampton Town Board. A copy of the
fee schedule is on file with the Town Clerk’s office and the
Department of Land Management. In addition to the above-referenced
fee schedule, the Planning Board may require an applicant to pay an
amount, to be held in escrow and ultimately disbursed, to pay the
costs incurred by the Town for all consulting services it may reasonably
seek to engage, including, but not limited to: archaeological, engineering,
planning, legal and clerical costs incurred in processing and review
of a subdivision application. Such amount deemed necessary for escrow
shall be reasonably related to costs attendant to the Town’s
review, and such amount shall be computed by the Planning Board in
consultation with the applicant. Further, if such escrow payment is
deemed necessary, this fee shall be in addition to and exclusive of
any fee(s) properly assessed to the applicant in connection with the
SEQRA process.
[Amended 6-12-2001 by L.L. No. 21-2001; 1-27-2004 by L.L. No. 2-2004; 2-27-2007 by L.L. No. 5-2007]
[Amended 6-26-1993 by L.L. No. 21-1993; 12-27-1994 by L.L. No. 60-1994; 1-27-1998 by L.L. No. 3-1998; 2-27-2001 by L.L. No.
4-2001; 10-23-2001 by L.L. No. 40-2001[1]; 5-27-2003 by L.L. No. 43-2003]
A.
A public hearing on the preapplication shall be held
within 45 days of a receipt of a complete submission. Notice of such
hearing shall be provided to the subdivider by mail at least 15 days
before the hearing.
(1)
The Planning Board shall publish notice of said hearing
at least 10 days prior to the scheduled date of the hearing in a newspaper
of general circulation. No additional advertisement shall be required
for any adjournment date.
(2)
In addition, the subdivider or his/her agent shall
erect or cause to be erected a sign which shall be displayed on the
parcel upon which the preapplication is made, facing each public street
on which the property abuts, giving notice that a preapplication has
been made to the Town Planning Board for subdivision approval and
stating the time and place where the preapplication hearing will be
held. The sign 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 shall be furnished by the
Planning Board, and only such sign(s) shall be used. The sign shall
be displayed not less than 10 days immediately preceding the preapplication
hearing or any adjournment date. The applicant shall file an affidavit
with the Planning Board that he/she has complied with the provisions
of this section. Failure to submit such affidavit shall result in
the adjournment of the preapplication hearing and reposting pursuant
to this section.
(3)
For applications that include any portion of land
that is shown on the Archaeological Sensitivity Map as identified
by the New York State Archaeological Sensitivity Map, the applicant
shall be required to mail written notice together with a copy of the
application and survey by certified mail, return receipt requested,
to the Tribal Trustees of Shinnecock. Applicant is hereby required
to show proof of the mailing prior to any public hearing concerning
the affected properties. The mailing of the notice shall be considered
jurisdictional, and failure to mail notice along with the application
and survey or provide the return receipt will result in the rejection
of the application until such time as the mailing requirements have
been satisfied. Said notice shall be sent at least 10 days prior to
the initial public hearing. Said notices shall be mailed to:
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Office of Tribal Trustees of Shinnecock
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Post Office Box 5006
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Southampton, NY 11969-5006
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(4)
For all applications submitted on or after the effective
date of this amendment, the applicant shall mail notice of the public
hearing date, at least 10 days prior thereto, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and/or directly opposite (by way of extension of lot lines
through the street right-of-way) the property which is the subject
of the public hearing. Such notice shall be by either certified or
registered mail, return receipt requested. Proof of such notice shall
consist of a copy of the assessment roles, the return receipts, and
an affidavit attesting to compliance with this mailing notification.
Such proof shall be submitted to the Planning Board prior to the public
hearing. No additional mailing shall be required for an adjournment.
[Added 5-22-2007 by L.L. No. 28-2007; amended 1-22-2008 by L.L. No. 5-2008]
B.
The hearing shall take place at a scheduled meeting
of the Planning Board, and the subdivider and the public in attendance
shall be afforded an opportunity to be heard. The hearing shall address
compliance with subdivision regulations, zoning regulations, environmental
regulations, proper design criteria and all other applicable standards.
The hearing on the preapplication shall be noticed in accordance with
the procedures set forth in this chapter and §§ 277
and 278 of the Town Law.
C.
Within 62 days of the completion of the public hearing
on the preapplication hearing, the Planning Board shall issue a report
which shall determine the following:
(2)
Whether a standard plat or planned residential development
is preferred;
(3)
Whether the submission complies with applicable standards,
policies, regulations and laws;
(4)
Whether there are any recommendations by the Board
which should be incorporated into a formal application; and
(5)
Any other relevant comment relating to the proposed
subdivision.
D.
Nothing shall preclude or bind the Planning Board
from issuing or changing its recommendations if new information or
a change in circumstances arises at or prior to the next formal application
stage. The report of the Planning Board shall be valid for a period
of one year from the date of issuance. No further Planning Board action
will be taken after such expiration until a new preapplication has
been submitted.
[1]
Editor's Note: Section 3 of this local law provided as follows: "This local law expressly supersedes the provisions of § 276-6 of Town Law, wherein a public hearing is required for a final plat where no preliminary plat is required. Certain final plats for minor review will not require a public hearing; rather, the Planning Board will have the option to hold a public hearing based upon the amount of public interest on the project and other similar criteria. If no hearing is required, the Planning Board must still provide public notice of a complete application and allow public comments to be received."
A.
The sketch plan shall be based on Tax Map information
or land survey and other available data, at a scale not less than
200 feet to the inch, to enable the entire tract to be shown on one
sheet. The sketch plan shall be submitted, showing the following information:
(1)
The location of sections to be subdivided and their
priority in relation to the entire subdivision tract and the distance
to the nearest existing street intersection.
(2)
All existing structures, wooded areas, wetlands, lakes,
trails, ponds, streams and other significant physical features, including
contours at not more than ten-foot intervals in the subdivision and
within 200 feet of its boundaries.
[Amended 2-27-1990 by L.L. No. 3-1990; 5-12-1992 by L.L. No. 22-1992]
(3)
The name of the landowner and subdivider, including
members of any corporation or similar agency and any contiguous property
held by the landowner seeking subdivision, and the names of all adjoining
property owners as disclosed by the most recent Town tax records.
(4)
The Tax Map sheet, block and lot numbers, if available,
or signed land survey.
(5)
All utilities available and all streets which are
either proposed, mapped or built.
(6)
The proposed pattern of lots, including typical lot
width and depth, street layout, recreation areas, method of drainage,
sewerage and water supply within the subdivided area.
(7)
All existing restrictions on the use of land, including
easements, covenants or zoning district lines and zoning district.
B.
A standard subdivision shall conform in all respects
to the Table of Dimensional Regulations called for in respective zoning
districts of the Town's Zoning Ordinance[1] and shall also conform to the requirements of the Planning
Board's subdivision regulations. The standard subdivision design shall
be required in order to determine the proposed number of legal building
lots which may be anticipated. The location of a park, satisfying
the requirements of the subdivision regulations, shall be shown on
the standard subdivision. The standard subdivision design shall exclude
the following listed areas from consideration as areas contributing
to total lot yield:
(1)
Existing water surfaces.
(2)
Tidal wetlands or freshwater wetlands as defined in
state and local regulations.
[Amended 5-12-1992 by L.L. No. 22-1992]
(3)
Horizontal areas of escarpments or bluffs or the seaward
faces of primary dunes.
(4)
Beaches below mean high water, as defined by the United States Coast and Geodetic Survey or latest Tidal Wetlands Survey Base Maps, and any beach lying between this line and the unbuildable areas outlined in Subsection B(3) above.
(5)
Horizontal areas of slopes which exceed a grade of
20% when considered for lots of less size than 40,000 square feet
or a grade of 30% when considered for lots of less size than 80,000
square feet.
(6)
Areas required for park dedication pursuant to the
Planning Board's subdivision regulations.
(7)
Areas required for recharge basins or for natural
area recharge.
(8)
Areas required for streets.
(9)
Areas required for utilities or public facilities,
except that minor utility easements of direct service to the subdivision
may be included.
[Amended 5-24-1983]
A.
Where the owner requests or the Planning Board requires
an application for planned residential development, said application
shall include a map or maps showing the proposed cluster design or
designs offered for consideration by the Planning Board, together
with a map which shall be prepared for consideration as a standard
subdivision conforming to all requirements of the Zoning Ordinance[1] and subdivision regulations of the Town of Southampton.
B.
The total building lot yield of the standard subdivision shall be used to determine the yield in the number of building lots which the Planning Board may grant in a planned residential development. A planned residential development design may be prepared for any contiguously owned holdings, whether or not they are separated by an existing street offering direct access to such holdings. In all other cases, the holdings shall be considered as separate parcels. A planned residential development application may be proposed for separate parcels with development rights transferred in total or in part to one of the parcels, provided that such application satisfies the requisites of and are processed in accordance with the procedures called for in § 330-7 of the Town's Zoning Ordinance. The Planning Board may reject a planned residential development if it finds that the design does not conform to any one of the following requisites:
(2)
The total building lot yield must conform to the provisions
called for herein.
(3)
The arrangement of building lots must be deemed to
be environmentally sound with reference to continued aquifer and surface
water quality and with reference to unique site features protection.
(4)
Open space arrangement must be significantly beneficial
to potential residents of the subdivision or to the public at large,
and adequate legal provisions must be provided in order to assure
the continuance of the open space arrangement.
(5)
The arrangement of building lots must take into account
the characteristics of adjacent external land use arrangement or the
layout of approved maps and plans in such a way as to assure a harmonious
blending between them or adequate protective buffering between them.
C.
The Planning Board may authorize and approve a planned residential development for all subdivision applications, irrespective of the number of lots proposed, provided that the provisions of this section and Chapter 247 of the Town Code are complied with.
[Amended 6-26-1993 by L.L. No. 21-1993]
D.
Criteria.
(1)
In addition to the other requirements of this section,
the criteria pursuant to which the Planning Board may require an application
for a planned residential development are as herein provided.
(2)
An application for a planned residential development
may be required in order to perpetuate the existence of or to prevent
the despoliation or degradation of the following environmentally sensitive
areas or historic places, whether on or off the site:
(a)
Environmentally sensitive areas are:
[1]
Tidal waters and wetlands, including lands in
the Tidal Wetlands and Ocean Beach Overlay District.
[2]
Watercourses, including freshwater wetlands,
permanent courses, marshes, swamps, bogs, permanent and seasonal ponds
and lakes.
[3]
Ocean beach dunes.
[4]
Bluffs.
[5]
Beach grass.
[6]
Agricultural lands, including those within the
Agricultural Overlay District.
[7]
Natural features such as beaches, woodlands,
unique plant and wildlife habitats and important scenic vistas.
[8]
Lands designated as water catchment areas in
the Town's Master Plan.
[9]
Lands designated by the Town as critical environmental
areas under the Town's Environmental Quality Review Law, in accordance
with the State Environmental Quality Review Act.
