A subdivider may request a conference with the
Board to avail himself of the advice and assistance of the Board prior
to submitting preliminary or final plat. This preliminary step does
not require a formal application fee or filing of a plat with the
Board. Prior to such conference the subdivider should familiarize
himself with the contents of this chapter.
The procedure for the approval of the further
development of a plat entirely or partially undeveloped and which
has heretofore been filed in the Office of the Clerk of Suffolk County
prior to the grant of power to the Board contained herein shall be
the same as that for subdivisions.
[Amended 2-8-2005 by L.L. No. 1-2005]
A.
Submission of preliminary plats. All plats shall be
submitted to the Planning Board for approval in final form; provided,
however, that where the Planning Board has been authorized to approve
preliminary plats, the subdivider may submit or the Planning Board
may require that the subdivider submit a preliminary plat for consideration.
Such a preliminary plat shall be clearly marked "preliminary plat"
and shall conform to the requirements of this chapter.
B.
Materials to be filed for preliminary plat approval. The subdivider shall prepare the preliminary plat in accordance with the materials and information listed in Article VII. These shall be filed with the Clerk of the Planning Board of the Village of Old Field on a Mylar reproduceable original and six copies, together with application, forms, filled out and acknowledged before a notary public, and required fees.
C.
Filing of said materials and payment of required fees together do not constitute submission of a complete preliminary plat, which requirement will only be met by completion of the procedures specified in § 95-41 of this chapter and when a negative declaration or a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon the filing of negative declaration or such notice of completion.
A.
The fee schedule is as follows:
Item
|
Fee
|
---|---|
Application fee and engineering review
|
$250.00
|
Each lot in the proposed subdivision
|
$500.00
|
B.
The Board may, at its discretion, waive or reduce the above fees if a proposed subdivision involves only the alteration of lot lines or dimensions of lots or sites and does not increase density or violate any provision of Chapter 121 of the Village Code.
C.
The inspection fee shall be 15% of the performance
bond estimate, payable upon final map approval and start of project.
This amount shall be credited to the project to provide for the payment
of engineering and inspection bills. If, during construction, additional
moneys are required, the owner will be billed and no further work
will be approved until a deposit sum, determined at the time, is placed
with the Village. Upon completion of the project and final approval,
any excess money in the account will be returned to the owner.
D.
The Board may charge to the subdivider all the cost
of engineering, legal, accounting, environmental, other professional
advice and other expenses reasonably incurred by it in connection
with the proposed subdivision. The subdivider shall reimburse the
Board for these expenses within 30 days of the presentation to the
subdivider of evidence thereof. Failure to reimburse the expenses
may, at the Board's discretion, result in suspension of action on
the subdivider's proposal.
B.
Based on the evaluation and findings, the Engineer
will prepare a report for the next regular meeting of the Board. The
evaluation shall contain the following information:
(1)
Whether the proposed subdivision meets all requirements
of this chapter and the Zoning chapter.
(2)
Whether each lot can be used safely for building purposes
without danger to health or adjacent land from fire, flood or drainage.
(3)
Whether the topography is such as to accommodate streets
and building without undue problems.
(4)
The Engineer's recommendations on the proposed subdivision,
including any suggested changes.
C.
Whenever any modifications of the preliminary plat
are recommended by the Village Engineer and the Board concurs, the
subdivider shall submit six corrected maps directly to the Clerk of
the Board, who will forward sufficient copies to the Village Engineer
for further review.
D.
The Board will review the preliminary plat, consider
all phases of the proposed subdivision and accept as complete or reject
as incomplete the preliminary plat as presented. If the submitted
plat is accepted as a complete preliminary plat, receipt of the same
will be acknowledged in writing by the Clerk of the Board. A copy
shall be forwarded to the Suffolk County Planning Commission as provided
for under § 239-n of the General Municipal Law.
[Amended 2-8-2005 by L.L. No. 1-2005]
A.
Upon receipt of a complete preliminary plat by the Clerk of the Planning Board, with all modifications required under § 95-41 above, the Planning Board shall conduct a public hearing within the time period set forth in Village Law § 7-728(5). Such hearing shall be advertised in the official Village newspaper at least 10 days prior to such hearing. Copies of the preliminary plat and plans for improvements required by Article X shall be made available by the Clerk of the Planning Board during regular business hours for public inspection by any interested party prior to the hearing.
B.
Approval of preliminary plat. The Planning Board shall
approve, with or without modification, or disapprove such preliminary
plat within the time period set forth in Village Law § 7-728(5).
(1)
The grounds for modification, if any, or the grounds
for disapproval shall be stated on the record of the Planning Board.
(2)
The period in which the Planning Board must take action
on such preliminary plat may be extended by mutual consent of the
subdivider and the Planning Board.
(3)
When so approving a preliminary plat, the Planning
Board shall state, in writing, any modifications it deems necessary
for submission of the plat in final form. If the preliminary plat
is approved, the subdivider can then instruct an engineer or surveyor
to proceed with the staking of the center lines of the streets, taking
all necessary profiles and establishing street grades as recommended
by the Planning Board, computing the map, preparing the finished map,
size and other details as outlined in this chapter. Approval of the
preliminary map shall be deemed a guide to the subdivider in the preparation
of the final plat but shall not confer any rights in or upon the subdivider
except to proceed in accordance with the provisions of this chapter.
C.
Filing preliminary plat. Within 10 days of the approval
of such preliminary plat it shall be certified by the Clerk of the
Planning Board as having been granted preliminary approval, a copy
filed in the Village Clerk's office and a certified copy mailed to
the subdivider.
Within six months of approval of the preliminary
plat, the subdivider must submit the plat in final form. If the final
plat is not submitted within six months, approval of the preliminary
plat may be revoked by the Board unless an extension of time is applied
for and granted in writing by the Board.
[Amended 2-8-2005 by L.L. No. 1-2005]
In the event that the Planning Board fails to
take action on a preliminary plat within the time prescribed and after
completion of all requirements under the State Environmental Quality
Review Act (SEQRA,), or within such extended period as may have been
established by the mutual consent of the subdivider and the Planning
Board, such preliminary plat shall be deemed granted preliminary approval.
The certificate of the Village Clerk as to the date of submission
and the failure of the Planning Board to take action within such prescribed
time shall be issued on demand and shall be sufficient in lieu of
written endorsement or other evidence of approval herein required.