Whenever any subdivision of land 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 subdivider or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan. Any owner or prospective owner of land, prior to subdividing or resubdividing the land, shall submit to the Secretary of the Planning Board, at least two weeks prior to a regular meeting of the Board, three paper copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 220-29, of this chapter for the purposes of classification and preliminary discussion. At this time, the developer should be familiar with the Village Zoning Ordinance, the New York State Uniform Fire Prevention and Building Code[1] and all other codes applicable to the proposed project.
B.
Requirements and classification.
(1)
At its meeting with the subdivider, the Planning Board
will discuss the objectives of this chapter and the requirements for
street improvements, drainage, sewerage, water supply, fire protection,
the State Environmental Quality Review Act and similar pertinent information.
No engineering work other than a boundary survey is required prior
to this meeting. Primary consideration shall be given to the appropriateness
of the proposed development on the site involved with respect to the
objectives of the Village Master Plan.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this chapter. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 220-8, of this chapter. If classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 220-9 and 220-11.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the purposes of this chapter and shall,
where it deems it necessary, make specific suggestions, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
[Amended 9-5-1973; 2-6-1980 by L.L No. 1-1980; 9-8-2014 by L.L. No. 18-2014]
A.
Application and fee.
(1)
Within six months after the approval of the sketch plan by the Planning
Board, the subdivider shall submit an application for approval of
the subdivision plat. The plat shall contain all information from
the sketch plan and additional information as required by the Board.
(3)
Six paper copies of the subdivision plat shall be presented to the
Secretary of the Planning Board at least two weeks prior to a scheduled
Board meeting. The Planning Board shall distribute copies of the subdivision
plat to any Village agency designated by resolution of the Board of
Trustees for its review.
(4)
The subdivider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the subdivision plat.
(5)
It is the intention of the Board of Trustees to protect the health,
safety and welfare of those residing in neighboring properties and
the community-at-large from the impacts of land development and to
facilitate the expeditious processing of applications by providing
the Planning Board with a mechanism by which it can seek the assistance
of outside professionals and/or commission independent studies at
the applicant's expense to assist in evaluating any matter over
which the Board has jurisdiction.
(a)
As a condition of processing any matter over which it has jurisdiction,
the Planning Board may at any time require the applicant to pay for
the reasonable costs of such independent studies and/or outside consultants
as may be reasonably related to the matter under review. All such
costs shall be paid by cash or certified check and are in addition
to any required fee. Within 30 days of the date on the written request
for payment, the applicant shall submit to the Building Department
for deposit into a non-interest-bearing trust and agency account maintained
by the Village an amount determined by the Planning Board or its designee
to be utilized by the Village to pay for services during the review
process. Upon request, the applicant shall be provided copies of invoices
submitted to the Village for the work of outside consultants and studies.
In the event the sum initially deposited by the applicant is not sufficient
and additional funds are necessary, the applicant shall pay such additional
sums within 20 days of the date on the written request for payment.
After all reasonable charges have been paid to the vendor(s) by the
Village, any balance remaining on deposit in the account shall be
returned to the applicant. In the event an application is withdrawn
at any stage by the applicant, any unused portion of the sums on the
deposit shall be returned to the applicant.
(b)
In its discretion, the Planning Board may adopt or reject, in
whole or in part, the findings and determinations of any consultant
or study commissioned by the Board or the applicant.
B.
Official submission of plat. The subdivision plat shall be considered officially submitted only when all the surveys, plans and other data required in Article V, § 220-30, and by the State Environment Quality Review Act and the necessary documentation required therein are submitted complete and in good form, together with the application and fee, at a regular meeting of the Planning Board. The Planning Board shall establish the time of the submission of the plat if and when the subdivider complies with the requirements of this article, § 220-8, and in accordance with § 7-728 of the Village Law shall approve, modify and approve or disapprove such plat after a public hearing within 60 days from and after the time of the submission of the plat as fixed by the Planning Board.
C.
Public hearing. Before the Planning Board shall act on the subdivision
plat, it shall hold a public hearing in accordance with § 7-728
of the Village Law after advertising at least once in a newspaper
of general circulation in the Village and by notice of a hearing posted
in at least three prominent places in the Village at least 10 days
before the hearing. The applicant must notify all property owners
within 200 feet by certified mail, return receipt requested.
[Amended 8-4-1971; 9-5-1973; 2-6-1980 by L.L. No. 1-1980; 9-8-2014 by L.L. No. 19-2014]
A.
Preliminary layout.
(1)
Application and fee.
(a)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision in the form described in Article V, § 220-31, herein. The preliminary layout shall in all respects comply with the requirements set forth in the provisions of the Village Law, and Article V, § 220-31, of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(c)
Six paper copies of the preliminary layout shall be presented
to the Secretary of the Planning Board at least two weeks prior to
a scheduled Board meeting. If the subdivider intends to develop the
tract in sections, one of the six submitted copies should be reproducible.
(d)
The subdivider or his duly authorized representative shall attend
the meetings of the Planning Board to discuss the preliminary layout.
(e)
It is the intention of the Board of Trustees to protect the
health, safety and welfare of those residing in neighboring properties
and the community at large from the impacts of land development and
to facilitate the expeditious processing of applications by providing
the Planning Board with a mechanism by which it can seek the assistance
of outside professionals and/or commission independent studies at
the applicant's expense to assist in evaluating any matter over
which the Board has jurisdiction.
[1]
As a condition of processing any matter over which it has jurisdiction,
the Planning Board may at any time require the applicant to pay for
the reasonable costs of such independent studies and/or outside consultants
as may be reasonably related to the matter under review. All such
costs shall be paid by cash or certified check and are in addition
to any required fee. Within 30 days of the date on the written request
for payment, the applicant shall submit to the Building Department
for deposit into a non-interest-bearing trust and agency account maintained
by the Village an amount determined by the Planning Board or its designee
to be utilized by the Village to pay for services during the review
process. Upon request, the applicant shall be provided copies of invoices
submitted to the Village for the work of outside consultants and studies.
In the event the sum initially deposited by the applicant is not sufficient
and additional funds are necessary, the applicant shall pay such additional
sums within 20 days of the date on the written request for payment.
After all reasonable charges have been paid to the vendor(s) by the
Village, any balance remaining on deposit in the account shall be
returned to the applicant. In the event an application is withdrawn
at any stage by the applicant, any unused portion of the sums on the
deposit shall be returned to the applicant.
[2]
In its discretion, the Planning Board may adopt or reject, in
whole or in part, the findings and determinations of any consultant
or study commissioned by the Board or the applicant.
(2)
Study of layout. The Planning Board shall study the practicability
of the preliminary layout, taking into consideration the requirements
of the community and the best use of the land being subdivided. The
Planning Board shall distribute copies of the preliminary layout to
any Village agency designated by resolution of the Board of Trustees
for its review. Particular attention shall be given to the arrangement,
location and width of streets, their relation to the topography of
the land, water supply, sewage disposal, drainage, lot sizes and arrangement
the future development of adjoining lands as yet unsubdivided and
the requirements of the Master Plan, the Official Map and the zoning
regulations.[2]
[Amended 9-5-1973]
(3)
Conditional approval of preliminary layout; setting of bonds.
(a)
Following review of the preliminary layout, the Planning Board
shall, within 60 days, act thereon as submitted or modified, and if
approved, the Planning Board shall:
(b)
If the preliminary layout is disapproved, the Planning Board
shall express its disapproval in writing.
(c)
The action of the Planning Board shall be noted on three copies
of the preliminary layout, referenced and attached to any condition
determined. The Chairman or acting Chairman and the Secretary of the
Planning Board shall date and sign the three copies. One copy shall
be returned to the subdivider and the others retained by the Planning
Board. Conditional approval of a preliminary layout shall not constitute
approval of the subdivision plat, but 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 Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
conditional approval, if any. Prior to approval of the subdivision
plat, the Planning Board may require additional changes as a result
of further study of the subdivision in final form.
(d)
The final plat submission shall be made no later than six months
from the date of the conditional approval of the preliminary layout.
A final plat submission will not be accepted after the six-month limit
until a new application and filing fee are submitted for preliminary
layout reapproval. At the discretion of the Planning Board, the six-month
limit may be extended, but not to exceed two three-month extensions.
Such extension shall be granted only if the proposed subdivision fully
conforms to the zoning regulations in effect at the time such extension
is applied for,[3] or any zoning amendments pending at the time.
B.
Plat.
(1)
Application for approval official plat or portion thereof. The subdivider 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 form available, and all required State Environmental Quality Review Act information. The application is considered to be complete only when all of the plans and accompanying documents as detailed in Article V, § 220-32, are submitted and accepted by the Planning Board as complete. The subdivider shall provide the Secretary of the Planning Board with the original and two prints of the plat, two prints of all construction drawings and cross sections of streets, utilities and other required improvements and the original and one copy of all offers of cession, covenants and agreements at least two weeks in advance of the meeting at which the final plat is to be considered.
(2)
Subdivision by stages. The subdivider shall submit all or a portion
of the proposed subdivision as approved in the preliminary layout.
In such cases, the remaining portion or portions of the preliminary
layout are valid for two years from the date of conditional approval
unless extended by the Planning Board within the two-year period.
Such an extension may be granted only if the proposed subdivision
meets all zoning requirements in effect on the date of extensions.[4] Each stage or section of a subdivision must be consistent
with the intent as well as all specifications and requirements provided
in this chapter. No portion of a subdivision shall be considered unless
it:
(3)
Official submission of plat.
(a)
The subdivision plat can be considered officially submitted only when all the surveys, plans and data required in Article V herein are submitted complete and in good form, together with the application and all required State Environmental Quality Review Act information, at a regular meeting of the Planning Board. In addition, if the applicant elects to construct any or all required improvements (as specified in § 220-11B), the Planning Board Engineer must file a certificate with the Planning Board stating that these improvements have been satisfactorily installed before the subdivision plat can be considered officially submitted.
(b)
When the Planning Board is satisfied that all materials and
documents have been properly submitted, it shall establish the time
of submission of the plat if and when the subdivider complies with
the requirements in accordance with Village Law § 7-728.
The Planning Board shall approve, modify and approve or disapprove
such plat after a public hearing within 60 days from and after the
time of the submission of the plat as fixed by the Planning Board.
(4)
Public hearing. Before the Planning Board acts on any subdivision
plat, it shall hold a public hearing thereon in accordance with § 7-728
of the Village Law. Notice of the hearing will be published in a local
paper, and all property owners within 200 feet of the proposed subdivision
shall be notified, by certified mail, of the hearing by the applicant
at least 10 days prior to the hearing.
(5)
Action on proposed subdivision plat. Following the public hearing and study of the plat and within 60 days from the official date of submission, the Planning Board will approve or approve with modification or disapprove the plat. The Board will notify the subdivider, in writing, of its decision, stating any conditions and required modifications or reasons for disapproval. The approval shall not be executed by signature of the subdivision plat until the subdivider has complied with the provisions of § 220-11 below and until all conditions specified in the resolution of approval have been met.
(6)
Issuance of building permits. The Planning Board, in accordance with
a resolution of the Board of Trustees dated October 16, 1963, may
modify the zoning regulations of the Village as to certain plat plans.
The Building Inspector may issue building permits for lots on the
aforesaid plat plans upon notification by the Planning Board that
required improvements have been properly installed or that a bond
to cover these improvements has been filed with the Village Clerk.
For a resubdivision, the same procedure, rules
and regulations shall apply as those for a subdivision.
[Amended 4-22-1970; 9-9-1987 by L.L No. 8-1987; 9-9-2013 by L.L. No. 2-2014]
Before the Planning Board grants final approval of the subdivision
plat, the subdivider shall follow the procedure set forth in either
Subsection A or B below:
A.
Deposit or performance bond.
(1)
In an amount set by the Planning Board, the subdivider shall either
file with the Village Clerk security to cover the full cost of the
required improvements as estimated by the Planning Board, or the subdivider
shall file a performance bond to cover the full cost of the required
improvements as estimated by the Planning Board.
(2)
This performance bond is posted by the subdivider to guarantee to
the Village that he will faithfully construct or cause to be constructed
the required public improvements and utilities of the proposed subdivision
to specified construction standards and within the specified time
period. The performance bond shall be issued by a bonding or surety
company approved by the Planning Board or with other security acceptable
to said Board. The bond shall remain in full force and effect until
the work is complete. The bond may be modified or declared in default
pursuant to § 7-730 of the Village Law.
(3)
Any such bond shall comply with the requirements of § 7-730
of the Village Law and shall be satisfactory to the Village Attorney
as to form, sufficiency, manner of execution and surety. A period
of one year (or such other period as the Planning Board may determine
appropriate, not to exceed three years) shall be set forth in the
bond within which required improvements must be completed.
(4)
The Planning Board must approve the bond (or accept the certified
check) before the final plat can be signed by the Planning Board or
any building permits issued by the Building Inspector.
(5)
With respect to any dwelling in the subdivision plat, all required
improvements shall be completed to the satisfaction of the Planning
Board Engineer before certificates of occupancy can be issued. This
shall include construction of the recharge basins, including fencing,
planting, topsoil and seeding. All streets affecting the new dwelling
shall be completed with grading, landscaping, utilities and the second
lift of asphalt. No bond shall be released except upon approval by
the Planning Board and the Village Board of Trustees that all required
improvements have been completed to its satisfaction.
(6)
In addition to the performance bond, the sum of $10,000 per adjacent
or contiguous parcel or plot of land may be assessed as security to
cover any potential damage resulting to any of these parcels or plots
as a result of the developer's action or omission.
B.
Completion of required improvements. The subdivider shall complete
all required improvements to the satisfaction of the Planning Board
Engineer, who shall file with the Planning Board a letter signifying
the satisfactory completion of all improvements required by the Board.
For any required improvements not completed, there shall be submitted
to the Village Board of Trustees a bond or certified check covering
the costs of all items not completed and the cost of satisfactorily
installing any improvement not approved by the Planning Board Engineer.
Any such bond shall be satisfactory to the Village Board of Trustees,
the Planning Board Engineer and the Village Attorney as to form, sufficiency,
manner of execution and surety. If this procedure is followed, no
building permit shall be issued and the official date of final plat
submission shall not be set by the Planning Board until the Planning
Board Engineer accepts the improvements as being complete and satisfactory
or until the above-mentioned bonds have been accepted by the Village
Board of Trustees.
C.
Regardless of whether the procedure in Subsection A or B is followed, the following also are required:
(1)
Maintenance bond. The subdivider shall file with the Village a certified
check or surety bond in the 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.
(2)
Liability insurance. The subdivider shall file with the Village Attorney
a general liability insurance policy at the same time that he files
his performance bond. The insurance shall cover the same period as
the performance bond and shall be extended in conformance with any
extension of the performance bond. The policy shall insure the Village
of Port Jefferson and the subdivider for all personal injury and property
damage incurred due to any activity related to the development of
the subdivision. The minimum limits of liability coverage shall be
set by the Village Attorney.
The Planning Board may waive, for such period
as it may determine, the provision of any or all such improvements
not required by law which in its judgment are not necessary in the
interests of the public health, safety and general welfare and are
not necessary to fulfill the expressed purpose of this chapter. In
the case of each waiver granted, the Planning Board shall enter upon
its records the reason or reasons why the particular improvement is
not necessary, and it shall attach appropriate conditions or require
such guaranties as may be necessary to protect the public interest.
If, at any time before or during the construction
of the required improvements, it is demonstrated to the satisfaction
of the Planning Board Engineer that unforeseen conditions make it
necessary or preferable to modify the location or design of such required
improvements, the Planning Board Engineer may, upon his own initiative
or upon written request of the subdivider, authorize modifications,
provided that these modifications are within the spirit and intent
of the Planning Board's approval and do not extend to the waiver or
substantial alteration of the function of any improvements required
by the Board. The Planning Board Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
The Planning Board shall cause inspection to
be made 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.
A.
The applicant may elect to install such improvements
in accordance with the approved preliminary layout if he notifies
the Planning Board, in writing, of his intentions to proceed. If he
does not so notify the Planning Board, he shall proceed at his own
risk. Upon receipt of a written request to proceed, the Planning Board
shall assign an inspector. The applicant shall pay to the Village,
prior to the release of the approved subdivision map, an amount equal
to 8% of the cost of the proposed improvements as estimated by the
Planning Board Engineer for the review and inspection of improvements.
[Amended 3-8-1979 by L.L. No. 2-1979]
B.
If a bond is to be given to assure completion of required
improvements, the Planning Board shall assign an inspector to assure
such satisfactory completion. The developer shall pay the Planning
Board, prior to their approval of the bond, an amount equal to 8%
of the amount of the bond to cover the cost of such inspection.
[Amended 3-8-1979 by L.L. No. 2-1979]
C.
Whether or not the Planning Board Engineer or other
duly designated official carries out inspection of required improvements
during construction, the subdivider shall not in any way be relieved
of responsibilities to comply with this chapter.
E.
In order to facilitate inspection, the subdivider's
engineer may be required by the inspector to set stakes at no more
than 50 feet apart, outside the area to be disturbed by construction,
along all streets, utility and drainage lines to be built, marked
with proper center-line station, offset from center line and cut or
fill at center line. Where several lines run parallel to each other,
only one set of stakes shall be required.
Where utilities are to be installed by a public
utility company, the Board may accept written assurance addressed
to the Planning Board from the public utility company that such installations
will be furnished by the company within a specified period of time.
If the Planning Board Engineer or other duly designated official shall find, upon inspection, that any of the required impro1vements have not been installed within the term of the performance bond as provided by the Village Law and have not been constructed in accordance with the plans and specifications filed by the subdivider, the subdivider and the bonding company will be jointly and severally liable for the costs of completing said improvements according to specifications. The Board of Trustees may declare the bond to be in default and collect the sum payable thereunder, and on receipt of the proceeds of the bond, the Board of Trustees shall install such improvements as are covered by such a performance bond. Unless covered by a cash performance bond as specified in § 220-11A above, no plat which may be an extension of a previously recorded plat, or no new plat, regardless of location, shall be approved by the Planning Board if the subdivider has not fully complied with the terms of construction of all of the required improvements in a previously recorded plat submitted by him for approval. As a condition for the approval of such plat, the Planning Board shall require that the conditions of the former agreement be met by the subdivider before the Planning Board shall take action on the plat.
A.
Final approval. Upon completion of the requirements in §§ 220-11 through 220-16 above, and Article V, § 220-32 following, the Planning Board may act to approve the subdivision plat. The original and three cloth prints shall be signed by the Chairman or acting Chairman and the Secretary of the Board under the following endorsement:
|
"Approved by Resolution of the Planning Board
of the Village of Port Jefferson, New York; on the.......... day of....................
20......., subject to all requirements and conditions of said resolution.
Any change, erasure, modification or revision of this Plat as approved,
shall void this approval signed this.......... day of....................
20.......,
| ||
|---|---|---|
|
by
Chairman
| ||
|
Secretary"
| ||
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 Planning Board and endorsed in writing
on the plat, unless said plat is first resubmitted to the Planning
Board and such Board approves any modifications. 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 Planning
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
C.
Filing. The print shall be retained by the Planning
Board, and the original shall be returned to the subdivider. The subdivider
shall then file the plat with the County Clerk within 90 days of approval,
or the approval shall become void unless an extension is granted by
the Planning Board within that 90 day period. The Planning Board shall
keep the reproducible set of prints and one paper set and forward
one paper set to the Planning Board Engineer's office and one set
to the Village Assessor's office.
D.
Release of performance bond. The Village Board of Trustees may release the performance bond upon notification from the Planning Board Engineer that the required improvements have been satisfactorily installed and that a satisfactory maintenance bond has been approved by the Village Attorney and filed with the Village Clerk as provided in § 220-11C(1).
E.
Release of maintenance bond. The Village Clerk may
release the maintenance bond upon notification by the Planning Board
Engineer that maintenance has been satisfactory for the required period
of time.
A.
When a plat is approved by the Planning Board, such
approval shall not constitute an acceptance of a dedication of all
or any of the land shown thereon as a street, park, playground or
any other open space.
B.
The owner of the land or his agent filing the plat
may add as part of the plat a notation to the effect that no offer
of dedication of such streets, parks, playgrounds or other open space
or any of them is made to the public. Any plat not bearing such a
notation shall be deemed to be an offer of the streets, parks, playgrounds
and other open spaces shown thereon and shall be deemed to be an offer
by said owner to execute and deliver to the Board of Trustees a proper
conveyance of the land to be deeded upon. The acceptance of said offer
of dedication shall be made by a resolution of the Board of Trustees.
C.
No street, no park, no playground or other open spaces
shall be deemed formally accepted until a resolution by the Board
of Trustees has been made accepting said streets, parks, playgrounds
or other open spaces or any of them offered for dedication or until
a proper conveyance of the land to be dedicated has been executed
and delivered to the Board of Trustees and been accepted by resolution
by the Board of Trustees.
D.
Ownership and maintenance of parks, playgrounds and
recreation areas. When a park, playground or other recreation area
shall have been shown on a plat, the Planning Board will require the
filing of a written agreement between the applicant and the Village
Board of Trustees for the cost of grading, development and maintenance
of any such park, playground or recreation area.
