[Amended 6-26-1989 by L.L. No. 1-1989; 2-11-2015 by L.L. No.
3-2015]
The owner of any parcel of land, and/or his/her authorized agent,
shall apply for and obtain subdivision review and approval from the
Planning Board, as provided in this chapter, before:
A. Any contract is made for the conveyance of any part or portion of
such land, other than the whole thereof, unless performance of such
contract is conditioned upon obtaining such subdivision approval;
B. Any conveyance is made of any part or portion of such land, other
than the whole thereof, except in accordance with the order of a court
having jurisdiction, or pursuant to governmental action (such as a
taking for highway purposes or the exercise of eminent domain);
C. Any permit is granted for related work in the highway right-of-way
or for the erection of a permanent structure in any proposed subdivision;
or
D. Any subdivision plat or map may be filed in the office of the Monroe
County Clerk.
[Added 6-26-1989 by L.L. No. 1-1989]
Notwithstanding the provisions of this chapter
otherwise, the owner of property who proposes to sell or convey one
or more lots, all of which have an area of at least five acres, including
any parcel to be retained by the owner, may apply to the Planning
Board for exemption from the formal subdivision review process specified
otherwise in this chapter, subject to the requirements, procedures,
conditions and restrictions set forth or referred to in this section.
A. Requirements. Before any exemption from the formal
subdivision review process shall be granted, application therefor
shall be made to the Planning Board as hereinafter specified, demonstrating
to the satisfaction of the Planning Board that:
(1) Each proposed lot will be at least five acres in size and will be in full conformity with all provisions of Chapter
95, Zoning.
(2) The proposed division of land and the resulting lot
or lots will not involve any new public street or road or the extension
of an existing street or road and will not adversely affect the future
development of streets or roads within the general area.
(3) No construction of a new municipal facility or creation
of a special district, or extension of an existing municipal facility
or special district, including but not limited to a water or sewer
facility or district, will be required or will be appropriate.
(4) No drainage problem will be created, and development
of any lot shall minimize any existing drainage problem. No violation
of wetlands regulations shall exist or be created.
(5) Lot layout and design will not adversely affect the
capacity of a lot to support private water and sewage disposal systems.
(6) Such exemption and the proposed conveyance(s) will
not adversely affect, in any way, the development of the remainder
of the parcel which may be retained by the owner or of any adjoining
property.
(7) Such division of land and any development which may
result or be encouraged thereby will be in conformity with the Community
Comprehensive Master Plan and any similar policies, statements or
guidelines utilized by municipal officials or agencies in the making
of planning decisions.
(8) The interest of prospective purchasers and the general
health, welfare and safety of the community will not be adversely
affected.
B. Procedure. Applicants for exemption from the formal subdivision review process under this section shall apply to the Planning Board and submit such documents and information as may be required in this chapter or the regulations of the Planning Board with regard to sketch layouts of proposed subdivisions, except as such requirements or regulations may be inconsistent with this section. In addition, the applicant shall submit sufficient information and data to enable the Planning Board to make the required determinations under Subsection
A above, including:
(1) A description or identification of any measures which the applicant would propose or consider, such as easements or deed restrictions, which would resolve or mitigate problems otherwise preventing compliance with any of the requirements specified in Subsection
A above.
(2) The location of any existing water supply and sewage
disposal facilities.
C. Action by Planning Board.
(1) Review by the Planning Board shall take place in the
manner generally provided in this chapter and guidelines adopted by
the Board for sketch layout review, except as inconsistent with this
section. Such review may include referral to the Town Engineer and
Monroe County Planning Department.
(2) Within 45 days following complete submission of an
application for exemption, as certified by the Clerk of the Planning
Board, the Planning Board shall grant or deny such exemption and notify
the applicant, in writing, accordingly.
(3) Such exemption may be granted in whole or in part and may be conditioned upon such modifications as the Planning Board may determine to be necessary or appropriate to satisfy the requirements specified in Subsection
A above.
(4) The time period
within which the Planning Board shall grant or deny the exemption
may be extended by mutual agreement between the applicant and the
Planning Board. If no action is taken by the Planning Board within
the aforesaid time period or any extension thereof, as agreed upon
between the parties, the application for exemption shall be deemed
denied.
(5) In the event that the exemption is granted, the Chairman
of the Planning Board, upon compliance by the applicant with all conditions
and modifications which may have been expressed as part of such approval,
shall sign and date two copies of the sketch layout, one copy of which
shall be returned to the applicant and one copy of which shall be
filed in the Town Clerk's office.
D. Effect of action by Planning Board.
(1) Denial of an application for exemption shall mean
that the applicant will be required to comply with the formal subdivision
review and approval process specified otherwise in this chapter.
(2) The grant of any exemption hereunder and the approval
of any sketch layout shall not constitute, in any way, authorization
for the filing of any map or plat with the Monroe County Clerk's office
or for the issuance of any building permit by the Town Building Inspector.
Before any such filing or the issuance of any such permit may take
place, the owner or purchaser of a lot or lots granted exemption hereunder
shall comply with the formal subdivision review or site plan review
process, as applicable.
(3) The grant of any exemption hereunder shall constitute
permission for the applicant to convey lots which are included within
such exemption without formal subdivision review and approval, subject
to the requirements, conditions and restrictions set forth herein
and in conformance with any conditions or modifications expressed
as part of the grant of exemption by the Planning Board.
E. Conditions and restrictions; violations.
(1) The conveyance of any parcel or lot for which an exemption
hereunder has been granted in a form or manner not in substantial
compliance with the grant of such exemption or the sketch layout approved
in connection therewith shall constitute a violation of this chapter
and grounds for the Planning Board to thereafter refuse to consider
or to deny approval of any application for subdivision or site plan
approval relating to such parcel or lot.
(2) The owner of any lot for which an exemption is granted
hereunder, or his representative or agent, shall, in writing, advise
any prospective purchaser of such lot that:
(a)
The lot is not an approved building lot and
is not located in an approved, recorded subdivision plat.
(b)
Grant of subdivision or site plan approval by
the Planning Board will be required before any building permit may
be issued for such lot.
(3) Any printed or written notice or materials which may be distributed or available in connection with the offering for sale of lots for which an exemption is granted hereunder shall contain the information specified in Subsection
E(2).
(4) Any exemption from formal subdivision review granted hereunder shall expire three years after the grant of such exemption if the property has not been conveyed as approved; provided, however, that upon application to the Planning Board, such period may be extended for not more than two one-year periods (or for such lesser time periods, not exceeding a total of two years, as may be specified by the Planning Board), upon determination by the Planning Board that the requirements of Subsection
A are still satisfied.
(5) No application for exemption under this section shall
be considered or accepted by the Planning Board with respect to any
lot created from a parcel from which one or more lots had previously
been granted an exemption hereunder, including adjoining parcels in
common ownership at the time of such application or grant of exemption,
until five years have elapsed from the time of the grant of such exemption,
in the case of exemptions involving three or more lots (not including
the original or parent parcel), or until two years have elapsed, in
the case of exemptions involving one or two lots.
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the Town of any street, park, playground or other open space shown
on said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect.
Upon establishing the letter of credit in accordance with Article
III, §
81-20A, and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.
See Design Criteria and Construction Specifications
for Land Development in the Town of Riga for the road dedication policy.