HomeMy WebLinkAboutLL 2004 #18 ELIZABETH A. NEVILLE
TOWN CLERK
REGISTI:LkR OF VITAL STATISTICS
I~L&RRIAGE OFFICER
RECORDS I~LkNAGEMENT OFFICER
FREEDOM OF INFORI~L~TION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax ~631) 765-6145
Telephone {631) 765-1800
southoldt own.nor t hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 648 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 24, 2004:
WHEREAS there xvas presented to the Town Board of the Town of Southotd, Suffolk County,
New York, on the 27th day of July, 2004, a Local Law entitled "A Local Law in relation to a
new Chapter Al06 - Subdivision of Land of the Code of the Town of Southold'; and
WHEREAS the Toxvn Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
A Local Law entitled "A Local Law in relation to a new Chapter Al06 - Subdivision of Land of
the Code of the Town of Southold' reads as follmvs:
LOCAL LAW NO. 18 of 2004
A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the Code ofthe Town
of Southold.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS
FOLLOWS:
SECTION 1. LEGISLATIVE INTENT.
The Town Board finds that the current subdivision regulations have been unable to meet
the growing and changing needs of and the challenges faced by the Town of Southold. To that
end, at the request of the Planning Board, the Chapter Al06 Subdivisions of Land is being
repealed and replaced in its entirety with a new Subdivision chapter. This chapter has been
designed with the input of the town planning and legal staff, as well as retained outside counsel
and counsel for the Department of State. The draft was published in its entirety in the Suffolk
Times and was the subject of one public heating on June 29, 2004, which was kept open for 10
days to allow for written comments. The comments have been incorporated into this revised
Chapter.
As recommended in the DGEIS prepared for the Town Board in 2003, this review and
revision of the Subdivision Code will result in simplification and improvement of the
regulations. This revision will benefit review and processing of applications. The subdivision
regulations are fully compliant with New York State law and are designed to be more "user-
fi'iendly". Additionally, this revision incorporates the concept of a Conservation Subdivision,
which creates the opportunity for the landowner and Town to reduce the potential yield of a site
while protecting and preserving agricultural land and/or open space.
This revision of the subdivision regulations includes implementation of an affordable
housing requirement when calculating yield on a standard subdivision (as opposed to a
Conservation Subdivision). This requirement provides that at least ten percent, and up to twenty
five percent, of a standard subdivision yield include construction of"affordable" homes that will
remain affordable in perpetuity. This legislation provides for an increased density "bonus" for
the developer that elects to build the full twenty five percent requirement within the subdivision,
but also provides the option for the builder to construct only ten percent of the yield as affordable
and meet the rema'imng requirement with a payment to the Town's Housing Fund or a donation
of property suitable for construction of affordable homes elsewhere in the Town.
This affordable housing requirement has been crafted in response to the Town-wide
consensus that there is a housing "crisis" within the Town. The DGEIS Housing Needs
Assessment concluded that "modest efforts to provide affordable housing in the Town will not
succeed due to escalating real estate prices." As documented in the report of Philip Beltz,
Special Projects Coordinator for the Town of Southold, entitled "Recommendation for
Inclusionary Zoning", the past efforts of the Town to create affordable housing have not been
successful, largely in part due to the escalating real estate prices and lack of requirement for
affordability in perpetuity. The report shows that the average sales price for a single-family
home in 2001-2002 was $390,493.00, while the median household income documented in the
2000 census was $49,898.00. In April and May of 2004, joint meetings were held with the Town
Board and the Village Board of Greenport regarding affordable housing and the proposed
annexation of portions of the Town to the Village. While the Boards differed in their approach
to the issue, all agreed that affordable housing is among the most critical of issues facing the
Town today. There was lengthy public input at the May meeting, with an overwhelming cry for
solutions to the affordable housing shortage.
The Town Board has been making progress towards addressing the affordable housing
shortage. Discussions regarding the issue have dominated work sessions and board meetings for
several months. In May 2004, the Town Board passed a resolution (again following a lengthy
public heating where the consensus showed a need to address the crisis) to create a Housing
Fund. The creation of the fund provides the necessary vehicle through which the Town can
obtain funding, create programs and provide other financial opportunities that will increase
housing opportunities for residents of Southold. In late June 2004, the Town Board passed
amendments to the Affordable Housing District (AHD). These amendments provide for
perpetual affordability of homes that are developed under this zoning. At the present time, there
are no pending applications to rezone a property to AHD.
The Special Projects Coordinator has appeared at several work sessions over the past
months and presented information and research regarding inclusionary zoning. This information
has been summarized and prepared in report form for the Town Board in the report mentioned
above. Inclusionary zoning has been implemented in regions throughout the country, and it refers
to local ordinances that mandate or encourage residential developers to include affordable
housing units in subdivisions. These programs are most successful in strong housing markets
where land prices have eliminated the construction of affordable housing units, as in Southold.
Mr. Beltz's report illustrates the statistic that in June 2000 there were 21 houses available for sale
in the "under $300,000" range, and in June 2004, there were none. That same week in June 2004
showed the average price of a home for sale was $797,828.00. Mr. Beltz's report recommends
the application of a formula requiting that 25% of all residential lots in new subdivisions be
designated as affordable. The Town Board expressly adopts this report and recommendations
dated July 26, 2004 with the passage of this revised Subdivision Code. Research has shown that
inclusionary zoning formulas throughout the cotmtry have ranged from 10-35% required
affordable units in a subdivision. As a result of the clear need, the crisis at hand, and the shortage
of affordable property, the Town Board has imposed this affordable housing requirement to
benefit the community.
Section 2. CODE AMENDMENT.
Chapter Al06 of the Town Code of the Town of Southold is repealed in its entirety and
replaced with the following:
Chapter Al06
SUBDIVISION OF LAND
ARTICLE I.
General Provisions
§ Al06-1. Authority.
This chapter is enacted pursuant to authority conferred in Article 16 of the Town Laxv of
the State of New York, the Statutes of Local Governments of the State of Nexv York and the
Municipal Home Rule Law of the State of New York.
§ A106-2. Purpose.
1 These regulations are promulgated to provide for the orderly growth and coordinated
development of the Town, to protect the comfort, convenience, safety, health and welfare
of its people and to insure that the review and approval of subdivisions is based on the
following considerations:
A Preservation of certain lands, including farmland, open space and recreational
landscapes.
B Preservation of the rural, cultural and historic character of the Town's hamlets and
surrounding countryside.
C Preservation and protection of the Town's remaining natural environment.
D Encouragement of a range of housing and business oppommities to support socio-
economically diverse communities.
E Promotion of transportation efficiency, intermodal transportation hubs and attractive
alternatives to automobile travel, while preserving the scenic and historic attributes of
roadways in the Town.
F Creation of affordable housing opportunities for residents of the To~vn.
ARTICLE II
Definitions
§ A106-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
AGRICULTURE - The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle,
sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the
breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits
of all kinds, including grapes, nuts and berries, herbs, vegetables; floral ornamental and
greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURE RESERVE AREA - A parcel of land which is set aside in a subdivision in
perpetuity for conservation of agricultural lands and continued use for agriculture.
APPLICANT - Any person, finn, corporation, partnership or association who shall lay out, for
the purpose of sale or development, any subdivision or part thereof, as defined herein, either for
himself or others.
BUFFER AREA - Portions of a parcel where existing or man-made terrain is used and designed
to protect sensitive, natural and cultural resources including landforms, surface water, habitat,
vegetation and aesthetic or scenic vistas.
BUILDABLE LANDS - The area of a lot or parcel, not including the square footage of tidal and
freshwater wetlands, land seaward of the Coastal Erosion Hazard Area Line, beaches, bluffs,
primary dunes, secondary dunes, underwater lands, land subject to the transfer, sale or
extinguishment of development rights and other restrictions that prevent the use of such land for
construction of buildings or other development. The terms "wetlands," "beaches," "bluffs," and
"underwater lands" shall have the meanings set forth in Chapter 97 of the Town Code, Wetlands
and Shoreline. The terms "Coastal Erosion Hazard Area Line", "primary dunes" and "secondary
dunes" shall have the meanings set forth in Chapter 37 of the Town Code, Coastal Erosion
Hazard Area.
CLERK OF THE PLANNING BOARD - The individual appointed by the Planning Board to
perform, among other things, the duties set forth in Article 16 of New York State Town Law.
CLEARING - Any activity that removes the vegetative ground cover and/or trees including but
not limited to, root mat removal and/or topsoil removal, or ground-disturbance, including
grading.
CLUSTER - A subdivision designed in accordance with Article XI of this Chapter, pursuant to
the provisions of New York State Town Law, Section 278.
COMMON DRIVEWAY - A mutual ingress and egress shared by not more than two (2) lots to
a public street or highway, which complies with the Standard Details and Specifications set forth
in this chapter.
COMPREHENSiVE PLAN - The materials, written and/or graphic, including but not limited to
maps, charts, studies, resolutions, reports and other descriptive material that identify the goals,
objectives, principles, guidelines, policies, standards, devices and instruments for the immediate
and long-range protection, enhancement, growth and development of the town located outside
the limits of any incorporated village.
CONSERVATION -- The protection of natural and man-made features, resources or systems and
cultural features in their natural or existing condition, but with allowance for human use or
intervention in an environmentally sound and nondestructive manner, including the management
of wetlands or the use of soils for agriculture.
CONSERVATION AREAS, PRIMARY - Primary conservation areas shall be comprised of
areas consisting of freshwater and saltwater wetlands, underwater lands, beaches, lands lying
within a 100 year floodplain, slopes equal to or exceeding 15 percent, areas located seaward of
the Coastal Erosion Hazard Line and lands subject to easements or other restrictions preventing
use of such land for construction of buildings or development.
CONSERVATION AREAS, SECONDARY - Secondary Conservation areas shall be comprised
of areas contributing to Open Space, Recreation and Environmental Resources. Areas include all
imposed (i.e. scenic) and jurisdictional buffers (i.e., 100' from wetland boundary), prime
farmland, woodlands, aquifer recharge areas, natural floodplains and drainage patterns, areas
containing protected species, significant wildlife habitat areas, historic, archeological or cultural
features listed (or eligible to be listed) on national, state, county or local registers of inventories,
trails and recreational areas, and scenic views into the property from adjacent properties and
existing public roads.
CONSERVATION EASEMENT - A permanent restriction on the use of land for the purpose of
preserving or conserving natural or man-made features, resources or systems, including
agriculture, forest, recreational or open space uses.
CONSERVATION SUBDIVISION - A subdivision which meets either of the following two sets
of requirements: (a) at least seventy-five (75) percent of buildable lands will be permanently
preserved and protected from all residential or commercial development by means of the sale,
transfer, gift or extinguishment of development rights, and the inclusion of clustered open space
of the permitted yield, and in which density is reduced by at least seventy-five (75) percent of the
permissible density of the subject parcel according to zoning (a "75/75" conservation
subdivision"); or (b) at least eighty (80) percent of buildable lands will be permanently preserved
and protected fi.om all residential or commercial development by means of the sale, transfer, gift
or extinguishment of development fights, and the inclusion of clustered open space of the
permitted yield, and in which density is reduced by at least sixty (60) percent of the permissible
density of the subject parcel according to zoning (an "80/60" conservation subdivision"). Those
uses of preserved land permitted by the Town Board pursuant to legislation shall be permitted.
For the purposes of this Chapter, commercial development shall not be interpreted to mean land
used in agricultural production as defined in Chapter 25 of this Code.
CROSSWALK - A right-of-way dedicated to public use, ten (10) feet or more in width, which
facilitates pedestrian access to adjacent streets and properties.
CUL-DE-SAC (COURT) - The turnaround at the end of a dead-end street.
CULTURAL FEATURES - Paleontological and archaeological remains; historic buildings,
structures or sites, trails, and agricultural fields.
DRAINAGE RIGHT-OF-WAY - The lands required for the installation of storm water recharge
basins or drainage ditches, or required along a natural stream or watercourse for preserving the
existing channel and providing for the flow of rainwater into it in order to safeguard the public
against damage by flooding.
EASEMENT - A permanent restriction on, or grant to permit, the passive or active use of the
land for a specific purpose or purposes.
ENGINEER-- The duly designated engineer or engineering inspector of the Town Engineering
Office of the Town of Southold.
EXISTING RESOURCE AND SITE ANALYSIS PLAN (ERSAP) - An analysis conducted in
accordance with §Al06-11 of this Chapter.
FINAL PLAT - A map to be filed with the Planning Board and County Clerk showing the final
arrangement of lots, blocks, streets, drainage and other anticipated improvements, parks, open
space or agriculture reserve areas shown on the subdivision, if any.
FINAL PLAT APPROVAL -- The approval by Planning Board resolution and the signing of a
final plat by a duly authorized officer of the Planning Board.
GRADING - A redistribution of soil or rock to effect a change in topography, elevation or
natural grade.
FLOOD PLAIN OR FLOOD PRONE AREA - Any area identified by Chapter 46 of the Town
Code, Flood Damage Prevention.
LOT - The unit or units into which land is divided, either as undeveloped or developed sites.
LOT LINE MODIFICATION - See definition of"Re-subdivision".
NATURAL BUFFER - A naturally vegetated area along the boundaries of a subdivision, lot or
parcel.
NATURAL FEATURES, RESOURCES OR SYSTEMS - All components of the natural
environment, including, without limitation, water bodies, drainage courses, freshwater and tidal
wetlands, dunes, bluffs, beaches, woodlands, shrublands, grasslands, large trees, glacial erratics,
unique or unusual plants and trees, wildlife habitat and scenic views or overlook areas,
significant or prime agricultural soils and all combinations thereof.
OFFICIAL MAP -- The map established by the Town Board pursuant to law, showing streets,
highways, drainage rights-of-way, park areas, both existing and proposed.
OPEN DEVELOPMENT AREA - An area or areas established by the Town Board pursuant to
§280-a of the New York State Town Law.
PARK DEDICATION - A dedication or reservation of land in a subdivision for active or
passive park purposes, exclusive of lands to be used for drainage recharge.
PARK AND RECREATION FEE - Money paid in lieu of a park dedication to the Town of
Southold Park and Recreation Fund for use in the acquisition or capital improvement of Town
parks and recreation facilities.
PERFORMANCE BOND - A bond executed by the owner with security acceptable to the Town
Board to insure the completion of the required public improvements in accordance with an
estimate approved by the Office of the Town Engineering office.
PLANNING BOARD or BOARD - The Planning Board of the Toxvn of Southold, Suffolk
County, New York.
PRELIMINARY PLAT - The map prepared prior to the fmal plat for the guidance of the
Applicant and the Planning Board, in the manner prescribed by these regulations,
showing the arrangement of lots, blocks, streets, drainage, and other anticipated improvements,
parks, open space or agriculture reserve areas shown on the subdivision.
PRESERVATION -- The protection of natural and man-made features, resources or systems and
cultural features in their natural or existing condition for restrictive and non-consumptive use.
RECREATION, ACTIVE - Recreational use of land requiring its substantial improvement
including but not limited to playing fields, tennis courts, swimming pools and the like.
RECREATION, PASSIVE -- Recreational use of land requiting little or no improvement,
including but not limited to a trail.
RE-SUBDIVISION - A subdivision of property which involves redrawing the original lot lines
to combine lots for building purposes where no lot has been developed or the further division or
alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and
filed in the Office of the Suffolk County Clerk.
SEQRA - The New York State Environmental Quality Review Act and its implementing
regulations.
STANDARD SUBDIVISION - Any subdivision of land which is not classified as a
Conservation Subdivision.
STREET OR RIGHT-OF-WAY WIDTH - The distance between property lines, measured at
right angles to the center line of the street used to provide vehicular access to a lot or parcel.
STREET, COLLECTOR - A street or highway which serves or is intended to serve as a major
collector road within the Town and which provides access to State Road 25 and County Route 48
fi.om local streets.
STREET, ARTERIAL - A main street or highway carrying a high proportion of the traffic
within the Town of Southold, and including State Route 25 and County Route 48.
STREET, LOCAL - A local street or road which serves or is intended to serve as the primary
means within neighborhoods and subdivisions and which is the main means of access to a
Collector or Arterial street.
SUBDIVISION - The division of any tract or parcel of land into two (2) or more lots, whether or
not such division creates new streets or extends existing streets. Subdivision shall also include a
re-subdivision.
TRAIL - A path, walk or way which may be on the ground or elevated on a board or catwalk
and may be used for hiking, walking, horseback riding or other similar recreational pursuit but
excluding motorized vehicles. This shall include existing trails as well as trails created pursuant
to this chapter.
YIELD - The number of lots into which a tract, parcel or lot of land may be lawfully divided.
ARTICLE III
General Subdivision Requirements, Classification
§ A106-4. General Requirements.
Any subdivision within the Town of Southold must:
Demonstrate conformance with the various parts of the Comprehensive Plan, adopted
addendum, plans and studies, the Town Code and the Official Map.
Achieve a desirable relationship to the general land form, its aesthetic character,
topographic and geologic character, to natural drainage, to the recharge of the
groundwater reservoir and to floodplain and ecological concerns; including provisions for
the treatment and containment of surface water runoff.
Demonstrate such character that it can be used safely for building purposes without
danger to health or peril from fire or flood or other menace.
Demonstrate such character that it is not a menace to neighboring properties or the public
health, safety and welfare.
Provide desirable standards of design for pedestrian and vehicular traffic, surface water
runoff, utility services and building sites for the land use contemplated. All proposed lots
shall be so laid out and of such size as to be in harmony with the development pattern of
the neighboring properties.
Include flexible design to promote the planning objectives of the Comprehensive Plan, to
realize development and maintenance economies and to provide for a variety of housing
types.
Provide for facilities associated with the contemplated use, including, but not limited to,
parks, recreation areas, school sites, firehouses, fire wells and off-street parking.
Preserve and protect such natural resources and assets as lakes, ponds, streams, tidal
waters, wetlands, beaches, dune lands, steep slopes, bluffs, prime agricultural soils, flora,
fauna, general scenic beauty, archeological and historic features of the Town.
Provide streets of sufficient width, grade and location to accommodate the prospective
traffic, to afford adequate light and air, to facilitate fire protection and to provide access
of fire-fighting equipment to buildings, and to promote a pedestrian based transit system.
10
Protect and preserve the ecologic function and health of creeks, the Peconic Bay Estuary,
the Long Island Sound and all tributaries to them including all tidal and fi-eshwater
wetlands.
§ A106-5. Subdivision Classifications.
A. Applicants may submit the following types of applications for consideration by the
Planning Board:
1. Standard Subdivision.
2. Conservation Subdivision.
Each subdivision shall conform to the applicable provisions of Article 16 of Town Law
and this Chapter.
Applicants are encouraged to request a pre-submission conference to review the
requirements and proposed application.
ARTICLE IV.
General Procedure, Submission Requirements, Fees
§ A106-6. General Procedure.
A. Each application to the Southold Town Planning Board for approval of a subdivision of
land shall be submitted and reviewed in the following stages, except as indicated:
1. Sketch plat review.
2. Preliminary plat review (Standard subdivisions only).
3. Final plat review.
No application for a review or approval under this chapter shall be deemed to be
complete unless all fees therefore have been remitted to the Planning Board and the
application complies with the provisions of this chapter, the Town Code, and all other
applicable requirements.
No construction, improvement, grading or cleating of land or other disturbance of
existing conditions shall be commenced or undertaken on land for which an application
has been filed pursuant to this Chapter until final approval of the application has been
granted, except as expressly provided herein.
D. Nothing herein shall prevent an applicant fi:om preserving land or reducing density to a
greater extent than set forth by the minimum requirements set forth in this chapter.
§ A106-7. Submission Requirements.
Every application for subdivision shall include the following items during the review
process indicated:
A Standard Subdivision
Sketch Plat Review
(a) Sketch Plan Application Form;
(b) Fee;
(c) Long Environmental Assessment Form;
(d) Existing Resources and Site Analysis Plan [ERSAP];
(e) Yield Plan;
(f) Primary and Secondary Conservation Area Plan;
(g) Coastal Assessment Form (as applicable).
2
Preliminary Plat Review
(a) Preliminary Plat Application Form;
(b) Fee;
(c) Preliminary Plat;
(d) Draft Road and Drainage Plan.
3
Final Plat Review
(a) Final Plat Application Form;
(b) Fee;
(c) Final Plat;
(d) Final Road and Drainage Plan and Performance Bond Estimate.
B Conservation Subdivision
Sketch Plat Review
(a) Sketch Plat Application Form;
(b) Fee;
(c) Long Environmental Assessment Form;
(d) Existing Resources and Site Analysis Plan(s) [ERSAP];
(e) Yield Calculation.
(f) Primary and Secondary Conservation Area Plan.
(g) Coastal Assessment Form (as applicable).
2. Final Plat Review or Open Development Area [ODA]
(a) Final Application Form;
(b) Final Plat (not applicable for an ODA);
(c) Road and Drainage Plan and Performance Bond Estimate (not applicable for an
ODA);
(d) ODA Map (ODA only).
§ A106-8. Fees.
Fees may be charged for review of sketch, preliminary and final plats and related
administrative activities. Such fees shall be paid upon submission of the application.
B. Fee, Schedule, Applications
Subdivision Classification
Application Fee Fee Per Buildahle Lot
Standard Subdivision
Sketch Plat
Preliminary Plat
Final Plat
Conservation Subdivision Sketch & Final Plat
Sketch & Open Development Map
Creation of Lot within ODA Map
Lot Line Application
$1000.
$1000.
$ 500.
$750.
$ 500. $350.
$ 500.
$350.
$ 500.
Environmental Review Fees. The Planning Board may charge the Applicant appropriate
fees to cover the cost of required environmental review, as permitted by the State
Environmental Quality Review Act (SEQRA).
§ A106-9. (Reserved)
ARTICLE V
Sketch Plat Review
§Al06-10. Submission.
The Applicant shall submit to the Planning Board twelve (12) copies of the sketch plat
and other required materials, along with the required fee. The Planning Department staff
shall conduct a site inspection upon receipt of an application.
Upon request, the Applicant shall meet with the Planning Department staff to discuss the
objectives and applicability of these regulations inclusive of, but not limited to, the
requirements for street improvements, drainage, sewerage, water supply, fire protection
and other similar aspects as well as the availability of existing services and other
pertinent information.
§ Al06-11. Technical Requirements.
A Sketch Plat shall be prepared at a scale of 1" = 100' and shall include the following:
A. Existing Resources and Site Analysis Plan(s) (ERSAP).
1. Purpose. The purpose of the Existing Resources and Site Analysis Plan(s) (ERSAP) is
to provide the Applicant and the Planning Board with a comprehensive analysis of
existing conditions, both on the proposed development site and within 500 feet of the
site. Conditions beyond the parcel boundaries may be described on the basis of
existing published data available fi.om governmental agencies, and fi.om aerial
photographs.
2. Review. The Planning Board shall review the ERSAP to determine its accuracy and
completeness, and may request additional information necessary to comply with this
section.
3. Exceptions. The Planning Board reserves the fight to waive one or more of the
ERSAP information requirements set forth herein for Conservation Subdivisions.
4. Preparation. The ERSAP must be prepared by a licensed New York State Licensed
Surveyor, Architect and/or Engineer.
5. Scale. Unless otherwise specified by the Planning Board, an ERSAP shall be
prepared at the scale of 1"=100', with a key explaining information and symbols on
the plat.
6. The following information shall be included on the ERSAP:
a. All existing structures.
b. Topography, the contour lines of which shall be at five-foot intervals,
determined by photo-grammetry (although ten (10)-foot intervals are
permissible beyond the parcel boundaries, interpolated fi.om published U.S.
Geological Service "USGS" maps).
i. Slopes equal to or greater than fifteen (15) percent shall be clearly
indicated.
c. Water resources:
i. Wetlands pursuant to the Freshwater Wetlands Act, Environmental
Conservation Law ("ECL") §24-0101, et. seq., the Tidal Wetlands Act,
(ECL) §25-0101, et. Seq., and Chapter 97 "Wetlands and Shoreline" of
the Code of the Town Of Southold.
ii. Sole Source Aquifers and/or Aquifer Recharge Areas.
iii. Municipal water supply watershed areas.
d. Flood-prone areas as shown on Federal Emergency Management Agency
(FEMA)
e. Maps and other information pursuant to Chapter 46 of the Town Code (Flood
Damage Prevention).
f. Areas legally protected by the County of Suffolk, the Town of Southold,
private trusts, qualified conservation organizations or other entities or
agencies as shown on the Town of Southold Protected Lands Map, including
all abutting parcels.
g. Vegetative types described by plant community, relative age and condition on
the property according to:
i. General cover type including cultivated land, permanent grass land,
old field, hedgerow, woodland and wetland.
ii. Isolated significant trees with a diameter breast height (DBH) in
excess of eighteen (18) inches, the actual canopy line of existing trees
and woodlands.
h. Soil series, types and phases, as mapped by the U.S. Department of
Agriculture, Natural Resources Conservation Service in the Suffolk County
Soil Survey, and accompanying data published for each soil relating to its
suitability for agriculture and construction (and, in un-sewered areas, for
septic suitability).
i. Top of bluff lines identified and delineated together with the Coastal Erosion
Hazard Area Line pursuant to Chapter 37 of the Town Code (Coastal Erosion
Hazard Area).
j. Scenic Viewsheds and Special Features:
i. Sites bordering designated State, County or Town Scenic Byways and
Corridors, "special features" identified in the Town's Comprehensive
Plan and all subsequent updates.
ii. A viewshed analysis showing the location and extent of views into the
property from public lands, roads and from public parks, public
forests, and state game lands.
k. Locations and dimensions of all existing public and private streets, roads,
buildings, utilities and other man-made improvements.
1. Locations of all archeological and historically significant sites or structures of
national, state or local significance on the tract or on any abutting tract.
m. Locations of trails in current use or of historic use (pedestrian, equestrian,
bicycle, etc.) or those proposed on the Town of Southold Trail map.
n. All easements and other encumbrances affecting the parcel filed with the
Suffolk County Clerk's Office.
o. Agricultural lands:
i. Location and delineation of any active agriculture operation, active
farmland within a New York State certified Agricultural District, lands
within 2,000 feet of a New York State certified Agricultural District,
or soils classified and mapped as Suffolk County and State Prime
Farmland Mapping Units, of the New York State Soil Classification
System or areas legally protected by the Cotmty of Suffolk, the Town
of Southold, private trusts or other entities or agencies.
ii. Areas identified in the Southold Town Farm and Farmland
Protection Strategy 2000 and in the most current version of the
Southold Town Farmland Inventory.
p. Location of community water and/or sewer; whether available or planned.
q. Critical Environmental Areas: Lands within or contiguous to a Critical
Environmental Area designated pursuant to Article 8 of the Environmental
Conservation Law.
r. Significant natural areas and features:
i. Areas with endangered and threatened vegetation.
ii. Significant habitats, or habitats of endangered, threatened or special
concern species as determined by the New York Depaxhnent of
Environmental Conservation (Natural Heritage Program);
iii. Mature forests over 100 years old;
iv. Locally important vegetation;
v. Unique natural or geological formations based on available published
information or more detailed data obtained by the Applicant.
s. Recreation: lakes, ponds or other significant recreational areas, or
oppommities or sites designated in the Town's Comprehensive Plan and
updates to it.
t. If the application applies to real property within five hundred feet of any of
the following, the location off
i. the boundary of any city, village or town;
ii. the boundary of any existing or proposed county or state
park or other recreation area;
iii.
iv.
Vo
vi.
the fight-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway;
the existing or proposed right-of-way of any stream or
drainage channel owned by the county or for which the
county has established channel lines; or
the existing or proposed boundary of any county or state
owned land on which a public building or institution is
situated.
existing airport, airbase or airstrip.
B. Yield Plan
1. Purpose. The purpose of the yield plan is to determine the allowable density.
Standard Subdivision. A yield plan shall be prepared for a standard subdivision in
accordance with the requirements of this section and shall include a requirement to
provide affordable housing.
a. Density - The permitted number of dwelling units shall not exceed the
number of units that, in the Planning Board's judgment, would be permitted if
the land were subdivided into lots conforming to the minimum lot size and
density requirements of this chapter applicable to the zoning district (or
districts) in which such land is situated and conforming to all other
requirements of the Town Code.
b. Total lot yield shall be determined on buildable lands only. Subdivision
design shall exclude the following features, unless applicant shall have
obtained a permit from all relevant regulating authorities approving the
applicant's right to place residential structures in the subject areas:
i. All underwater lands.
ii. Tidal wetlands or freshwater wetlands, as defined in state and local
regulations.
iii. Bluffs, primary dunes and secondary dunes.
iv. Beaches below mean high water, as defined by the United States Coast
and Geodetic Survey or latest Tidal Wetlands Survey, and any beach
or area lying between this line and the Coastal Erosion Hazard Line.
v. Areas required for park dedication pursuant to this Chapter.
vi. Areas required for recharge basins or for natural area recharge.
vii. Areas required for public or private right-of-ways.
viii. Areas required for utilities or public facilities, except that minor utility
easements of direct service to the subdivision may be included.
ix. Areas for which the development rights have been transferred, sold or
extinguished.
x. Areas which the Planning Board shall determine to be of such
character that they cannot be used safely for building purposes without
danger to health or peril from fire, flood, drainage or other menace to
neighboring properties or the public health, safety and welfare.
Affordable Housing Requirement. Every nexv standard residential subdivision
involving the creation of five (5) or more lots shall comply with the
requirements herein to provide affordable housing.
i. Twenty-five percent (25%) of the lot yield as determined pursuant to
§A106ol lB.2 a. and b. shall be set aside as Moderate Income Family
Dwelling Units (M~DU), as defined, created and administered under
the provisions of the Affordable Housing District, §100-50 through
§100-59 of this Code. Each MI]TDU shall be created subject to
covenants and restrictions as set forth at §100-56 or through another
mechanism approved by the Town Board that will keep units
perpetually affordable. The Number of MIFDU units required in a
subdivision shall be rounded up to the next whole number.
ii. In satisfaction of the requirement to create twenty-five (25%)
MIFDU units, the Standard Subdivision applicant shall be
required to construct no less than ten percent (10%)of the total
yield as MWDU units in the subdivision. All subdivisions shall
have at least one constructed MIFDU unit within the
subdivision. The remaining required units shall be provided by
the applicant in any of the following ways:
a. The applicant may construct dwelling units in the subdivision
equal in number to the remaining percentage, thereby providing a
total of twenty five percent (25%) of the yield of the subdivision as
MIFDU units. If this option is chosen, the applicant will receive
an increased density of one additional lot per MIFDU lot created in
excess often percent (10%) under this option. The additional lots
shall be built in the subdivision and shall be MIFDU units. For
each additional lot created as part of the increased density pursuant
to this option, the developer shall pay a sum representing the cost
of development rights equal to the number of additional units
created. This sum shall be set annually by Town Board resolution
and shall be based on the average cost of development rights
purchased by the Town in the previous year. The resolution in
effect at the time of the preliminary plat hearing shall determine
the sum to be paid under this section. This amount shall be paid to
the Community Preservation Fund to be used according to the
terms of the fund. Alternatively, in lieu of payment, the developer
may extinguish an equivalent number of development rights on
another parcel in Town, in a form approved by the Town Attorney.
b. The applicant shall pay a sum to the Town of Southold Housing
Fund. The sum shall be based on the number of required MIFDU
lots not constructed in the subdivision. The per unit sum shall be
set annually by resolution of the Town Board and shall consider
factors such as the average cost of building lots and costs of
construction in the Town of Southold.
c. The applicant may provide property with development rights equal
to the number of the required MIFDU units not constructed in the
subdivision, to the Town of Southold Housing Fund, North Fork
Housing Alliance, Community Land Trust of Southold Town, or
other similar organization approved by the Town Board for the
sole purpose of developing affordable housing on the site. The
property must be acceptable to the recipient as a viable site for
affordable housing development, and proof of same must be
provided to the Planning Board during preliminary plat review.
If option Co) or (c) are chosen, the applicant may build any
remaining allowed lots in the subdivision, and they shall not be
required to be MIFDU units.
d. Yield must be further determined in consideration of the ERSAP.
Conservation Subdivision. For all conservation subdivisions, one of the following
formulas shall be used to calculate yield.
a. 75/75 Conservation Subdivision
Buildable Lands + Minimum Lot Area of Zoning District = Yield on
Entire Parcel
Yield on Entire Parcel x 25% = Yield on Developable Area
Total Buildable Lands x Percentage of Buildable Lands not permanently
preserved (up to 25 percent) = Developable Area
b. 80/60 Conservation Subdivision
Buildable Lands + Minimum Lot Area of Zoning District = Yield on
Entire Parcel
Yield on Entire Parcel x 40% -- Yield on Developable Area
Total Buildable Lands x Percentage of Buildable Lands not permanently
preserved (up to 20 percent) = Developable Area
C. Primary and Secondary Conservation Area Plan. All subdivisions shall be created in
accordance with the Primary and Secondary Conservation Area Design Process described
in this section. All sketch plans shall include the documentation set forth below.
1. Primary and secondary conservation areas as defined in §Al 06-3 shall be identified
using Existing Resources and Site Analysis Plan(s) (ERSAP) as a base map.
2. Location of House Sites. Using the information from C.1. above, the yield as
determined pursuant to this Chapter, the base map and the ERSAP, potential house
sites shall be located. House sites should generally be located not closer than 100 feet
to Primary Conservation Areas and 50 feet to Secondary Conservation Areas, taking
into consideration the potential negative impacts of residential development on such
areas as well as the potential positive benefits of such locations to provide attractive
views and visual settings for residences.
3. Alignment of Streets and Trails.
a. A street plan shall be designed to provide access to each house, complying
with the standards identified herein and bearing a logical relationship to
topographic conditions. Impacts on proposed open space shall be minimized,
particularly with respect to crossing environmentally sensitive areas such as
wetlands and traversing slopes equal to or exceeding fifteen (15) percent.
Existing and future street connections may be required in order to eliminate
the number of new cul-de-sacs to be maintained by the Town and to facilitate
access to and from homes in different parts of the tract and adjoining parcels.
b. The potential location of recreational and off-road walking trails shall also be
noted.
4. LocationofLots. "Bubble" lines shall denote the proposed locations.
Cluster Design. The design of a cluster subdivision plat shall be pursuant to the
requirements of Article XI herein, if applicable.
Site Context Map: A map showing the location of the proposed subdivision within its
neighborhood context shall be submitted. For all sites, such maps shall be at a scale of
l"= 100', and shall show the relationship of the subject property to natural and man-made
features existing within five-hundred (500) feet of the site. The features that shall be
shoxvn on Site Context Maps include topography (from USGS maps), State and/or
Federal wetlands, woodlands over one-half acre in area (from aerial photographs), public
roads and trails, utility easements and rights of way, public land, and protected lands.
Field Survey: A field survey of the boundary lines of the parcel with descriptive data by
beatings and distances, made and certified by a licensed land surveyor. The comers of
tract shall also be located on the ground and marked by substantial monuments of such
size and type as approved by the Town Engineering office, and shall he referenced and
shown on the Sketch Plat pursuant to § A-106-(11)I.
Proposed name of the subdivision: (The proposed name shall not duplicate any plat
previously filed.)
Ownership and Licensed Professional Information. 1. Name and address of legal owner of the property.
2. Name and address, including telephone number of the design professional,
Architect or Engineer responsible for subdivision design, and the design of
public improvements.
3. Name and address, including telephone number of the Surveyor responsible
for mapping and laying out the site.
Description
1. North arrow showing tree north.
2. Tax map section, block and lot numbers.
3. Distance to the nearest existing, or platted streets, street intersections, or other
public ways within or immediately adjacent to the tract.
4. All utilities available and/or proposed including easements therefore, and all
streets which are either existing, proposed, or shown on the Official Map, if
any.
5. Zoning district, including exact boundary lines of district, if more than one
district, and any proposed changes in the Zoning District lines and/or the
Chapter 100 requirements applicable to the subdivision.
6. Name of any subdivisions immediately adjacent to the parcel and the name of
the owners of record of all adjacent property.
Existing Easements, Covenants and/or Restrictions: Liber & Page Number and text(s)
for all existing easements and a copy of the proposed restrictions on the use of the land,
including easements and/or covenants.
K. Existing Improvements.
1. Location of any existing drainage systems, sewer lines, septic systems, water
mains and lines, wells, culverts and drains on the property, with pipe sizes,
grades and direction of flow.
2. Width and location of any streets or public ways or places shown on the
Official Map or Master Plan, and any updates to it, if such exists, within the
proposed subdivision, and the width, location, grades and street profiles of all
proposed streets or public ways.
3. Location and size of any existing fire control structures, fire hydrants and
wells.
L. Calculations: The area of the parcel to be set aside for cluster and/or preservation
purposes, and the area to be developed shall be calculated and set forth in a table format.
§ A106-12. Review of Sketch Plat.
The Planning Board shall study the practicability of the sketch plat, considering
the requirements of this Chapter, including identified primary and secondary conservation areas.
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, storm water drainage, erosion and
sediment control, lot sizes and arrangement, the future development of adjoining lands not yet
subdivided, current zoning regulations, and the comprehensive plan.
§ A106-13. Coordination with Other Agencies.
A. Prior to granting sketch plat approval, the Planning Board may seek comment from any
Town Board appointed Committee or outside agency, including the Suffolk County
Planning Commission, on any active application. Committee input must be received by
the Planning Board no more than thirty (30) days from the date of receipt by the
reviewing Committee, except in the case of input from the Suffolk County Planning
Commission, which may be received no more than forty-five(45) days fi.om the day of
receipt by the reviewing committee.
Referrals to the Suffolk County Planning Commission shall be done in accordance with
Article 12-B of the General Municipal Law, and the Agreement between Suffolk County
and the Town of Southold, on the form entitled "County Zoning Referral."
§ A106-14. Action on Sketch Plat; Decision.
The Planning Board shall take action on the sketch plat application at a scheduled
meeting of the Planning Board. The Applicant and the pubhc in attendance shall have the
opportunity to be heard.
A public hearing pursuant to Chapter 58 of this Code shall be held for sketch plat
approval of an Open Development Area subdivision.
C. The Planning Board shall determine the follo~ving:
1. Whether the submission complies with applicable standards, policies, regulations and
laws;
2. Whether there are any recommendations by the Board xvhich should be incorporated
into a preliminary plat application, (standard subdivision); or either a final plat
application or an open development area application (conservation subdivision);
3. Any other relevant comment relating to the proposed subdivision.
The Planning Board shall, by resolution, approve or conditionally approve, with or
without modifications, or disapprove the proposed sketch plat.
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. No further Planning Board action will be taken after such
expiration until a new sketch plan application has been submitted.
§ A106-15. Expiration.
The determination by the Planning Board shall be valid for a period of six months
from the date of issuance, unless extended by resolution of the Planning Board.
§A I06-16. (Reserved)
§A 106-17. (Reserved)
ARTICLE VI
Preliminary Plat Review
§ A106~18. Waiver, Preliminary Plat Review.
If an Applicant submits a Conservation Subdivision application, the preliminary plat
approval requirement is waived and the Applicant shall proceed directly to final approval process
described in Article VII of this Chapter.
§ A106-19. Submission.
The preliminary plat and the supporting documents for a proposed subdivision constitute
materials to be submitted to the Planning Board for preliminary approval. The
preliminary layout shall show the general design of the subdivision so that the Planning
Board can indicate its approval or disapproval prior to the time that any work toward the
final design submission is started. Approval of the preliminary layout does not constitute
an approval of the final plat, not shall it be considered a valid basis for the construction of
the required improvements or for other commitments xvhieh depend upon its design
characteristics.
Within six (6) months after the sketch plan approval, or any extension thereof, the
Applicant shall submit twelve (12) copies of the preliminary plat review application,
preliminary plat and other required materials, along with the required fee.
§ A106-20. Technical Requirements.
A preliminary plat shall be prepared by a licensed land surveyor or engineer, at a
scale of 1"=100' and shall include information shown on the approved Sketch Plat including:
1. Proposed layout.
2. Name of the subdivision.
3. Name of property owner.
Name, address and telephone number of New York State licensed engineer or
surveyor preparing the preliminary plat.
Description
a. North arrow showing tree north.
b. Tax map section, block and lot numbers.
c. Distance to the nearest existing, or platted streets, street intersections, or other
public ways within or immediately adjacent to the tract.
d. All utilities, available and/or proposed, including easements therefore, and all
streets which are either existing, proposed, or shown on the Official Map, if any.
e. Zoning district, including exact boundary lines of district, if more than one district,
and any proposed changes in the Zoning District lines and/or the requirements of
Chapter 100 applicable to the subdivision.
f. Name of any subdivisions immediately adjacent to the parcel and the name of the
owners of record of all adjacent property.
g. Land areas proposed to be dedicated to public use and the conditions of such
dedication.
h. Key Map.
Existing Easements, Covenants and/or Restrictions, including liber and page number.
Existing and Proposed Improvements.
a. Location of any existing sewers, water mains, culverts and drains on the property,
with pipe sizes, grades and direction of flow.
b. Width and location of any streets or public ways or places shown on the Official
Map or Master Plan, if such exists, within the area to be subdivided, and the
width, location, grades and street profiles of all streets or public ways proposed by
the Applicant.
c. Approximate location and size of any proposed water lines, valves, hydrants and
sewer lines, and fire alarm boxes. Connection to existing lines or alternate means
of water supply or sewage disposal and treatment as provided in the Public Health
Law or Environmental Conservation Law. Profiles of all proposed water and
sewer lines.
d. Storm drainage plan showing the approximate location and size of proposed lines
and their profiles. Connection to existing lines or alternate means of disposal.
e. Plans and cross-sections showing the proposed location and type of any sidewalks,
street lighting standards, street trees, curbs, water mains, sanitary sewers and
storm drams, and the size and type thereof; the character, width and depth of
pavements and sub-base, the location of manholes, basins and nnderground
conduits.
f. Preliminary designs of any bridges or culverts which may be required.
8. Preliminary Road and Drainage Plan. The developer shall submit six (6) copies of
the Road and Drainage Plans showing all typical plans, sections, profiles, details and
design calculations as needed or required to indicate the proposed construction and/or
development.
a. Road and Drainage Plans shall show all metes and bounds descriptions indicating
street and drainage areas as well as the size and type of road systems pursuant to
Chapter A- 108, Highway Specifications, of the Code.
b. Where indicated or required, Road and Drainage Plans shall include but not be
limited to the following:
i. Metes and bonnds descriptions of all building lots indicating lot areas,
proposed building envelopes and scenic buffer areas.
ii. Utilities - indicate size and location of all below grade utilities including
proposed water mains, electrical conduit and transformer pads.
iii. Fire Wells or Fire Hydrants.
iv. The limits of all Tidal and Freshwater Wetlands within one hundred (100) feet
of the proposed development.
v. Topographical contours at an interval that will accurately depict the slope and
contour of the site.
vi. Road profiles and typical cross-sections.
vii. Drainage calculations and design indication all drainage structures and piping.
viii. Test hole and boring data.
ix. All existing and proposed easements indicating width, area and purpose.
x. Concrete Survey Monuments.
xi. Curbing.
xii. Sidewalks.
xiii. Street Lights.
xiv. Street Trees, including size, type and specifications for placement.
xv. Street Signs, indicating type and location.
§ A106-21. Environmental Review.
The Planning Board shall comply with the provisions of the State Environmental
Quality Review Act (SEQRA) and its implementing regulations. A preliminary plat application
shall not be considered complete until a negative declaration has been filed or until a notice of
completion of the draft environmental impact statement has been filed in accordance with the
provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing
of such negative declaration or such notice of completion.
§ A106-22. Action on Preliminary Plat.
The Planning Board shall study the practicability of the preliminary plat,
considering the requirements of this Chapter, including identified primary and secondary
conservation ureas. 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, storm water
drainage, erosion and sediment control, lot sizes and arrangement, the future development of
adjoining lands not yet subdivided, current zoning regulations, and the comprehensive plan.
The Town Superintendent of Highways and the Town Engineering Office will review all
aspects of the proposed subdivision, perform a field check, and submit reports to the Planning
Board with their recommendations prior to the close of the environmental review period, if any.
A. Planning Board As Lead Agency Under the State Environmental Quality Review Act:
Public Hearing: Notice: Decision
Public Hearing on Preliminary Plats - The time within xvhich the Planning Board shall
hold a public hearing on the preliminary plat shall be coordinated with any hearings
the Planning Board may schedule pursuant to the State Environmental Quality
Review Act as follows:
a. If such board determines that the preparation of an environmental impact
statement on the preliminary plat is not required, the public heating on such
plat shall be held within 62 days after receipt of a complete preliminary plat
by the Clerk of the Planning Board, or
If the Planning Board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact statement is
held, the public hearing on the preliminary plat and the draft environmental
impact statement shall be held jointly within 62 days after the filing of the
notice of completion of such draft environmental impact statement in
accordance with the provisions of the State Environmental Quality Review
Act. If no public heating is held on the draft environmental impact statement,
a public hearing on the preliminary plat shall be held within 62 days of filing
the notice of completion.
Public Hearing; Notice, Length - The hearing on the preliminary plat shall be
advertised at least once in the official newspaper so designated by the Town Board at
least five days before such hearing if no heating is held on the draft environmental
impact statement, or fourteen days before a hearing held jointly therewith. Notice
shall be provided pursuant to Chapter 58. The Applicant shall notify all adjoining
property owners at least ten (10) days prior to the public hearing by certified mail and
shall file with the Board an affidavit showing the names and addresses of those so
notified, the Tax Map numbers and their respective properties and the date of mailing
of the required notices Applicant shall erect a sign provided by the Planning Board,
which shall be prominently displayed on the premises facing each public or private
street which the property involved in the application abuts, giving notice of the
application, the nature of the approval sought thereby and the time and place of the
public hearing thereon. The sign shall be set back not more than ten (10) feet fi:om
the property line, shall not be less than two (2) feet nor more then six (6) feet above
the grade at the street line. The sign shall be displayed for a period of not less than
ten (10) days immediately preceding the date of the public heating date or any date to
which the hearing may be adjourned. The Applicant shall file an affidavit that he has
complied with this provision. The Planning Board may provide that the heating be
further advertised in such manner as it deems most appropriate for full public
consideration of such preliminary plat. The hearing on the preliminary plat shall be
closed upon motion of the Planning Board within one hundred twenty days after it has
been opened.
Decision - The Planning Board shall approve, with or without modification, or
disapprove such preliminary plat as follows:
a. If the Planning Board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the Planning Board
shall make its decision within sixty-two days after the close of the public
hearing, or
b. If the Planning Board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed within forty-
five days following the close of such public hearing in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the final
environmental impact statement shall be filed within forty-five days following
the close of the public hearing on the preliminary plat. Within thirty days of
the filing of such final environmental impact statement, the Planning Board
shall issue findings on the final environmental impact statement and make its
decision on the preliminary plat.
Grounds For Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board. 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.
B. Planning Board Not As Lead Agency Under The State Environmental Quality Review
Act: Public Hearing; Decision
Public Hearing On Preliminary Plats - The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the preliminary plat jointly with their
lead agency's hearing on the draft environmental impact statement. Failing such
agreement, the Planning Board shall hold the public hearing on the preliminary plat
within sixty-two days after receipt of a complete preliminary plat by the Clerk of the
Planning Board.
Public Heating; Notice, Length - The heating on the preliminary plat shall be
advertised at least once in a newspaper of general cimulation in the town at least five
days before such hearing is held independently of the hearing on the draft
environmental impact statement, or fourteen days before a hearing held jointly
therewith. Notice shall be provided pursuant to Chapter 58 and as set forth above in
§A106-22A.2. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall be closed upon
motion of the Planning Board within one hundred twenty days after it has been
opened.
Decision - The Planning Board shall by resolution approve with or xvithout
modification or disapprove the preliminary plat within sixty-two days after the close
of the public hearing on such preliminary plat.
If the preparation of an environmental impact statement on the preliminary
plat is not required, the Planning Board shall make its decision within sixty-
two days after the close of the public hearing on the preliminary plat.
If an environmental impact statement is required, the Planning Board shall
make its own findings and its decision on the preliminary plat within sixty-
two days aRer the close of the public hearing on such preliminary plat or
within thirty days of the adoption of findings by the lead agency, whichever
period is longer.
4. Grounds For Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board. 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.
Extension of time. Notwithstanding the foregoing provisions, the time in which the
Planning Board must take action on the preliminary plat may be extended by mutual
agreement between the Applicant and the Planning Board.
D. Filing and Certification.
Filing of Decision. Within five (5) business days of the adoption of the Planning
Board resolution stating the decision on the preliminary plat, the Clerk of the
Planning Board shall cause a copy of such resolution to be filed in the office of the
Town Clerk.
Certification of Decision. Within five (5) business days of the adoption of the
resolution granting approval of the preliminary plat, such plat shall be certified as
having been granted preliminary approval by the Clerk of the Planning Board, and a
copy of the plat and resolution shall be filed in the Planning Board office and a
certified copy of the resolution mailed to the owner.
E. Expiration of preliminary approval; Revocation
Preliminary plat approval shall expire six (6) months fi.om the date the Planning
Board shall have adopted its resolution of approval, unless extended by further
resolution of the Planning Board, such extension not to exceed a total of 180 days.
Such extension shall be granted only if the pre-submission fully conforms to the
zoning regulations in effect at the time such extension is applied for.
In the event that the applicant shall fail to apply for approval of a final subdivision
plat prior to expiration of the preliminary approval, all documents required by this
section shall be resubmitted and a second preliminary filing fee shall be paid before
any application for final plat approval shall be accepted or processed.
§A106-23. (Reserved)
ARTICLE VII
Final Plat Review
§ A106-24. Submission.
A. In order to obtain fmal plat approval the following applies; however, a conservation
subdivision may follow, instead, the requirements for an Open Development Area as set
forth in Article VIII of this Chapter.
Application for final plat approval shall be made prior to the expiration of sketch plan
approval for a conservation subdivision and or preliminary plat approval for a standard
subdivision.
Required Documents: The final plat shall show the layout and other aspects approved by
the Planning Board in its sketch plat or preliminary plat approval, and any other
conditions imposed by the Planning Board in those approvals.
The application for final plat review shall include:
1. Twelve (12) paper copies and four (4) mylar copies of the final plat.
2. Five (5) copies of the Final Road and Drainage Plan.
3. Two (2) copies of cost estimate of public improvements required under Article X and
IX of this Chapter.
4. Fee.
5. Any other documents required by the Planning Board as a condition of its sketch plat
or preliminary plat approval.
§ A106-25. Technical Requirements.
The final plat shall be printed upon mylar or other base material acceptable to the County
Clerk. The size of the sheets shall be eighteen (18) inches by t~venty (20) inches or
twenty(20) by thirty-six (36) inches, including a margin for binding of two (2) inches,
outside of the border, along the left side and a margin of one inch outside of the border
along the remaining sides. The final plat shall be drawn at a scale of no more than
1"=100' and oriented with the north point at the top of the map. When more than one
sheet is required, an additional index sheet of the same size shall be filed showing to
scale the entire subdivision with lot and block number clearly legible.
The final plat shall show:
1.Proposed subdivision name or identifying title and the name of the hamlet, town and
county in which the subdivision is located, the name and address of record owner and
applicant, name, license number and seal of the professional engineer or licensed land
surveyor.
2.Street lines, pedesthan ways, lots, reservations, easements and areas to be dedicated
to public use.
3. Sufficient data acceptable to the Town Engineering Office to determine readily the
location, bearing and length of every street line, lot line, boundary line, and to
reproduce such lines upon the ground. Where applicable, these should be referenced
to monuments included in the State system of plane coordinates and in any event
should be tied to reference points previously established by a public authority.
4. The length and bearing of all straight lines, radii, length of curves and central angles
of all curves, tangent bearings shall be given for each street. All dimensions and
angles of the lines of each lot shall also be given. All dimensions shall be shown in
feet and decimals of a foot. The final plat shall show the boundaries of the property,
location, graphic scale and tree north point.
5. The final plat shall also show by proper designation all public open spaces for which
deeds or easements are included and those spaces title to which is reserved by the
applicant. For the latter, there shall be submitted with the final plat copies of
agreements or other documents showing the manner in which such areas are to be
maintained and the provisions made therefore.
6. All offers of dedication and covenants governing the maintenance if reserved open
space shall bear the certificate of approval of the Town Attorney as to their legal
sufficiency.
7. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical
order in accordance with prevailing Town practice.
8. Permanent reference monuments shall be both shown and constructed in accordance
with specification(s) of the Town Engineering Office. When referenced to the State
system of plane coordinates, they shall also conform to the requirements of the State
Department of Transportation. They shall be placed as required by the Town
Engineering Office and their location noted and referenced on the plat.
9. Reference to any self imposed restrictions, and locations of any building lines
proposed to be established in this manner, if required by the Planning Board in
accordance with these regulations.
10. Endorsement of the Suffolk County Department of Health and/or the Suffolk County
Water Authority.
11. A statement that a declaration of covenants and restrictions has been filed in the
County Clerk's Office and that such covenants and restrictions affect the subdivision
and properties within it.
12. MIFDU lots must be designated on the final plat.
13. The title shall identify if the subdivision is a conservation subdivision.
14. The final plat shall state that the subdivision has been adopted pursuant to the terms
of the amended Chapter Al06, and shall state the effective date of the amendment.
The developer shall submit six (6) copies of the Road and Drainage Plans showing all
typical plans, sections, profiles, details and design calculations as needed or required to
indicate the proposed construction and/or development.
1. Road and Drainage Plans shall show all meets and bounds descriptions indicating
street and drainage areas as well as the size and type of road systems pursuant to
Chapter A-108, Highway Specifications of the Town Code.
2. Where indicated or required, Road and Drainage Plans shall include but not
be limited to the following:
a. Metes and bounds descriptions of all building lots indicating lot areas, proposed
building envelopes and scenic buffer areas.
b. Utilities - indicate size and location of all below grade utilities including
proposed water mains, electrical conduit and transformer pads.
c. Fire wells or fu:e hydrants.
d. The limits of all Tidal and Freshwater Wetlands within one hundred (100') feet of
the proposed development.
e. Topographical contours at an interval that will accurately depict the slope and
contour of the site.
f. Road profiles and typical cross-sections.
g. Drainage calculations and design indication all drainage structures and piping.
h. Test hole and boring data.
i. All existing and proposed easements indicating width, area and purpose.
j. Concrete survey monttments.
k. Curbing.
1. Sidewalks.
m. Street lights.
n. Street trees - including size, type and specifications for placement.
o. Street signs - indicating type and location.
p. Proposed curb-cut detail.
§ A106-26. Environmental Review.
The Planning Board shall comply with the provisions of the State Environmental Quality
Review Act (SEQRA), and its implementing regulations. When no preliminary plat is required
to be submitted, an application for final plat approval shall not be considered complete until a
negative declaration has been filed or until a notice of completion of the fmal environmental
impact statement has been filed in accordance with the provisions of SEQRA. The time periods
for review of such plat shall begin upon filing of such negative declaration or such notice of
completion.
§ A106-27. Coordination of Review of Performance Bond Estimate.
Upon receipt of the complete application for Final Plat approval, a copy of the cost
estimate required under Article IX of this Chapter and the road and drainage plan required under
§A106-25C shall be forwarded to the Town Engineering Office for review and compliance with
Chapter A108 Highway Specifications, and other relevant provisions of the Town Code. The
Planning Board shall accept, reject or modify the recommendations of the Town Engineering
Office at a public meeting and shall notify the applicant of its decision.
§ A106-28. Action on Final Plats Which Are In Substantial Agreement with Approved
Preliminary Plats.
When a final plat is submitted which the Planning Board deems to be in substantial
agreement with a preliminary plat approved pursuant to this Chapter, the Planning Board shall,
by resolution, approve or conditionally approve with or without modifications, grant final
approval and authorize the signing of such plat or disapprove the plat, within sixty-two (62) days
of its receipt by the Planning Board. Notwithstanding the foregoing provisions hereof, the time
in which the Planning Board must take action on such plat may be extended by mutual consent
of the Applicant and the Planning Board.
§ A106-29. Final Plats: Not in Substantial Agreement with Approved Preliminary Plats or
When No Preliminary Plat is Required.
A. When a final plat is submitted which the Planning Board deems not to be in substantial
agreement with a preliminary plat approved pursuant to this Chapter, or when no preliminary
plat is required to be submitted and a final plat clearly marked "final plat" is submitted
conforming to the definition provided by this Chapter the following shall apply:
1. Planning Board As Lead Agency: Public Hearing: Notice: Decision
a. Public Hearing on Final Plats - The time within which the Planning Board shall
hold a public heating on such final plat shall be coordinated with any hearings the
Planning Board may schedule pursuant to the State Environmental Quality
Review Act, as follows:
If the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held within sixty-two
days after the receipt of a complete final plat by the Clerk of the Planning
Board; or
ii.
If the Planning Board determines that an environmental impact statement
is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly within sixty-two days
after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on the
draft environmental impact statement, the public hearing on the final plat
shall be held within sixty-two days following filing of the notice of
completion.
Public Hearing; Notice Length - The hearing on the final plat shall be advertised
at least once in the official newspaper so designated by the Town Board at least
five days before such hearing if no hearing is held on the draft environmental
impact statement, or fourteen days before a hearing held jointly therewith. Notice
shall be provided pursuant to Chapter 58 and as set forth above in §A106-22A2.
The Planning Board may provide that the hearing be further advertised in such
manner as it deems most appropriate for full public consideration of such fmal
plat. The hearing on the final plat shall be closed upon motion of the Planning
Board within one hundred twenty days after it has been opened.
Decision - The Planning Board shall make its decision on the £mal plat as follows:
i. If such board determines that the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall by
resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such plat
xvithin sixty-two days after the date of the public hearing; or
ii.
If the Planning Board determines that an environmental impact statement
is required, and a public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed within
forty-five days following the close of such public hearing in accordance
with the provisions of the State Environmental Quality Review Act. If no
public heating is held on the draft environmental impact statement, the
final environmental impact statement shall be filed within forty-five days
following the close of the public hearing on the final plat. Within thirty
days of the filing of the final environmental impact statement, the
Planning Board shall issue findings on such final environmental impact
statement and shall by resolution conditionally approve, with or without
modification, disapprove, or grant final approval and authorize the signing
of the such plat.
d. Grounds for Decision - The grounds for a modification, if any, or the grounds
for disapproval shall be stated upon the records of the Planning Board.
Planning Board Not As Lead Agency; Public Hearing; Notice; Decision
Public Hearing On Final Plat - The Planning Board shall, with the agreement
of the lead agency, hold the public hearing on the final plat jointly with the
lead agency's hearing on the draft environmental impact statement. Failing
such agreement, the Planning Board shall hold the public hearing on the final
plat within sixty-two days after the receipt of a complete final plat by the
Clerk of the Planning Board.
Public Hearing; Notice; Length - The hearing on the final plat shall be
advertised at least once in the official newspaper so designated by the Town
Board a at least five days before such hearing is held independently of the
hearing on the draft environmental impact statement, or fourteen days before a
hearing held jointly therewith. Notice shall be provided pursuant to Chapter
58 and as set forth above in §A106-22A2. The Planning Board may provide
that the heating be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The hearing on the
final plat shall be closed upon motion of the Planning Board within one
hundred twenty days after it has been opened.
Decision - The Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize thc
signing of such plat within sixty-two days after the close of the public heating
on such final plat. The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
i. If the preparation of an environmental impact statement on the final plat is
not required, the Planning Board shall make its decision within sixty-two
days after the close of the public hearing on the final plat.
ii.
If an environmental impact statement is required, the Planning Board shall
make its own findings and its decision on the final plat within sixty-two
days after the close of the public heating on such final plat or within thirty
days of the adoption of findings by the lead agency, whichever period is
longer. The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
Final approval. Prior to obtaining the Planning Board Chair's or Vice Chair's signature
of the final plat, the authorized officer of the Planning Board, and forwarded to the
applicant for filing at the developer shall have provided the following:
1. Performance bond.
2. Approval of final road and drainage plans from the Town Engineering office.
3. Schedule of construction dates.
4. Copies of required permits.
5. Proof that funds owed in accordance with the affordable housing requirement have
been paid.
6. In a Conservation Subdivision, an executed contract or other legal instrument
perpetually preserving and protecting the land shall be submitted.
Conditional approval of final plat. Conditional approval does not qualify the final plat
for recording or authorize issuance of building permits prior to the recording of the plat in
the County Clerk's office. The applicant shall have one hundred and eighty (180) days
from the adoption of a resolution of conditional approval to meet the conditions. The
Planning Board may extend this time for no more than two (2) additional periods of
ninety (90) days each. The conditionally approved f'mal plat shall not be filed until all
conditions have been met.
Filing of Decision on Final Plat. Within five (5) business days from the date of the
adoption of the resolution approving the final plat, the Chair or other duly authorized
member of the Planning Board shall cause a copy of such resolution to be filed in the
office of the Town Clerk.
Final Approval, Filing, Expiration. The approved final plat shall then be signed by the
Chairperson or other duly Suffolk County Clerk's Office. The final plat shall be filed by
the Applicant within sixty-two (62) days of the date of final approval, or such approval
shall expire. Final approval shall be determined in accordance with §276 of the New
York State Town Law.
Final Plat Void If Revised After Approval. No changes, erasures, modification(s), or
revisions shall be made to any final plat after it has been approved by the Planning Board,
and such approval has been endorsed in writing on the plat, unless the said plat is first
resubmitted to the Planning Board and the Planning Board approves any modifications.
In the event that any such final plat is filed without complying with this requirement, the
same shall be considered null and void, and the Planning Board shall institute
proceedings to have the final plat stricken fi.om the records of the Suffolk County Clerk.
Default Under Previous Final Plat. The Planning Board shall not approve a final plat if
the applicant is in default on a previously approved final plat.
This Local Law is intended to supersede and amend inconsistent provisions of
Town Law {}276(8) by eliminating the provisions for default approval resulting
from the Planning Board's failure to take any action or hold any hearing on a
preliminary or final plat within the statutory time periods.
§A106-30. (Reserved)
ARTICLE VIII
Open Development Area
§ A106-31. Establishment of an Open Development Area.
An applicant who has received sketch plat approval for a Conservation Subdivision
pursuant to this Chapter may apply to the Town Board for establishment of an Open
Development Area ("ODA") pursuant to §280-a(4) of the New York State Town Law.
The Town Board may grant the applicant the right to seek future approval of the creation
of lots and the issuance of permits for the erection of structures to which access is given
by right-of-way or easement. Such fight shall be in accordance with the designated
zoning district and the density and minimum lot size for the property in effect at the time
of the establishment of the Open Development Area.
This provision supercedes and amends New York State Town Law §265-a insofar as that
section places a limited exemption on the time within which an adoption, change or
amendment to the zoning regulations shall be applicable to a filed plat.
§ A106-32. General Requirements.
A. An Open Development Area must meet the following general criteria: 1. It shall be located within the A-C, R-400~ R-200, R-120, R-80 or R-40 zoning
districts;
2. It shall provide for the perpetual preservation ora minimum of seventy-five (75)
percent of the buildable land on the parcel;
3. Access to the ODA shall be provided by a right-of-way or easement;
4. The area where the proposed lots will be located shall be in accordance with that
shown on the approved sketch plat.
§ A106-33. Submission Requirements.
The applicant shall submit the following items to the Town Clerk's Office:
1. A completed petition to establish an Open Development Area;
Three mylar and twelve paper copies of a map prepared to a scale of l" -- 100; and
including all information required in Article V (Sketch Plat Review) and the size and
notation requirements set forth in Article VII (Final Plat Review) of this Chapter.;
An executed easemem (permanently preserving a nfinimum of seventy-five (75)
percent of the property fi'om residential or commercial development) between the
property owner and one of the following entities: the Town of Southold, the County
of Suffolk, another governmental entity, or a private conservation corporation or land
trust as approved by the Town Board.
§ A106~34. Procedure.
Upon receipt of the items required under §A106-33, the Town Clerk shall refer the
petition to the Planning Board for its review and specific recommendations within
fourteen (14) days of receipt of referral.
B. The Town Board shall provide notice pursuant to Chapter 58 of the Town Code and shall
hold a public heating.
C. The Town Board shall comply with the requirements of SEQRA.
Following receipt of the Planning Board's recommendation and the public heating, the
Town Board may establish an Open Development Area consisting of a certain number of
acres within a specified portion of the proposed Conservation Subdivision. The Town
Board may incorporate such further conditions and limitations as may be prescribed by
the Planning Board by general or special rule. Such approval shall be by resolution.
The approved map shall be signed by the Town Supervisor within ten (10) days of the
adoption of the approving resolution.
The following filing procedures shall be implemented for an approved ODA:
1. The mylar maps shall be filed by the applicant with the County Clerk's Office as a
miscellaneous map within 62 days of the date of approval.
2. Three paper copies shall be filed with the Town Clerk's Office, of which one copy
will be returned to the applicant and one copy shall be sent to the Planning Board
office for its records.
3. Failure to file the approved map within 62 days of the date of approval shall result in
an expiration of such approval.
§ A106-35. Creation of Lots within an ODA Subdivision.
A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit
the following items to the Planning Board office:
1. Petition to implement the ODA.
2. Twelve paper copies of the ODA showing the location and dimensions of the
proposed lot (s), in accordance with the approved ODA map.
3. Five paper copies of preliminary road and drainage plans.
4. Fee.
B. Upon receipt of an application, the Planning Board office shall refer the road and drainage
plans to the Town Engineering Office for an estimate of the required improvements.
C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify
said estimate.
D. The Planning Board shall comply with applicable provisions of the State Environmental
Quality Review Act (SEQRA).
E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided
pursuant to Chapter 58 of the Town Code.
F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office
of the County Clerk, the Town Clerk and the Planning Board office within 62 days after
approval.
ARTICLE IX
Performance Bonds and Other Security
§ 106-36. Purpose of Performance Bond.
A performance bond is posted by the applicant to guarantee to the Town that he/she will
faithfully construct or cause to be constructed the required public improvements which were an
integral part of the approved final plat and, further, that the construction shall be completed
within a reasonable period of time.
§ A106-37. Performance Bond.
A. Performance Bond estimate. The amount of the undertaking, secured by cash or certified
check or other acceptable surety, will be based upon the Town Engineering Office's estimate
of the total cost of the required capital improvements, Including but not limited to road
clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated
increased construction cost during the period of the life of the bond.
B. The Planning Board shall pass a resolution either approving or modifying the performance
bond estimate as recommended by the Superintendent of Highways.
C. The Town Board shall approve or disapprove the performance bond, subject to the review
and approval of the Town Attorney. If the performance bond is approved, it shall be filed
with the Town Clerk, and the Town Clerk shall notify the Planning Beard, in writing, of the
Town Board's action.
D. The Chair of the Planning Board shall not sign a final plat until notification by the Town
Clerk of the Town Board's approval of the performance bond.
E. After construction of the public improvements covered by the performance bond and prior to
the release of the bond, the developer shall prepare a set of the approved drainage plans and
street profiles amended to indicate as-constructed information. The developer then may apply
to the Town Engineering Office and/or Superintendent of Highways for a final inspection of
the work. When the work has been completed to the satisfaction of the Town Engineering
Office and/or Superintendent of Highways, they shall recommend to the Planning Board that
the performance bond be released. If the Planning Board is in agreement with the
recommendation, the Planning Board shall recommend to the Town Board that the
performance bond be released.
§ AI06-38. Maintenance bond.
A. At the time of the release of the performance bond, a maintenance bond shall be furnished by
the developer to guarantee upkeep and the workmanship and materials of all required
improvements for a period of one year from the date of release of the performance bond by
the Town. This bond shall be in an amount which is one-third of the performance bond
estimate. If the improvements are not taken over by the Town, an annual maintenance bond
shall be required, annually updated and running until the improvements are dedicated to the
Town. The amount of this bond shall be determined by the Superintendent of Highways, and
the form shall be in accordance with §106.39.
B. Where dedication of required improvements has not been accepted by the Town Board,
maintenance inspection shall be made armually by the Town Engineering office and/or
Superintendent of Highways. In the event that such required improvements are not
maintained according to the Department of Highway specifications, the Town Engineering
office and/or Superintendent of Highways shall recommend to the Town Board that such
maintenance bond be declared in default and the offer of dedication shall be accepted by the
Town Board.
§ A106-39. Forms of security; expiration and terms of bonds; default.
A. Form of security. Any security to a bond must be provided pursuant to a written security
agreement with the Town, approved by the Town Board and also approved by the Town
Attorney as to form, sufficiency and manner of execution, and shall be limited to:
1. The deposit of funds in a savings passbook or a certificate of deposit (CD) issued by a
bank or trust company located and authorized to do business in the State of New York
and maintaining an office for the transaction of its business in the To~m of Southold.
The To~m Board may require that the savings passbook or CD be accompanied by an
executed withdrawal slip made payable to the Town of Southold and/or an
assignment of the fight to the funds upon a default. Each passbook or CD shall also
be accompanied by a letter fi.om the bank acknowledging the use of the passbook or
CD as security to a bond and that no funds will be released unless authorized by a
resolution of the Town Board.
2. An unconditional and irrevocable letter of credit from a bank or a corresponding bank
located and authorized to do business in the State of Nexv York. The letter of credit
shall certify the following:
a. That the creditor does guarantee funds in an amount equal to the performance
bond estimate.
b. That, in the case of failure on the part of the applicant to complete the
specified improvements within the required time period, the creditor shall pay
to the Town Board immediately, and without further action, such funds as are
necessary to finance the completion of those improvements, up to the limit of
credit stated in the letter.
c. That the letter of credit may not be withdrawn, or reduced in amount, until
released by the Town Board.
d. That the term of the letter of credit shall extend at least six months past the
term of the bond.
3. Obligations of the United States of America.
Any obligations fully guaranteed as to interest and principal by the United
States of America, having a market value at least equal to the full amount of
the security required.
Upon the recommendation of the Planning Board, the Town Board may accept
a deed, transferring the fee title of real property, free and clear of any mortgage or
lien, having a value established by the Town Tax Assessor of at least 150% of the
amount of the security required, such title to be held by the Town in escrow only for
the purpose of securing the performance or maintenance required. The Town Board
shall retain the right to reject the use of a property escrow where there is no benefit to
the Town or it may reject the use of any property when the value of such property is
sufficiently trustable, when it believes that the property will be unusually difficult to
sell or for other reasons such as will inhibit the Town from exchanging the property
for a sufficient amount of money to complete the required improvements. Said deed
shall be accompanied by the following:
a. All documents necessary for recording of the deed in the Suffolk Cotmty Clerk's
Office.
b. An agreement with the Town Board, to be filed in the Office of the Suffolk
County Clerk, stating the following:
i. That, in the event of default in performance or maintenance for which the
undertaking shall be given, the Town Board may accept the property on
behalf of the Town of Southold. In such a case, the Town may record the
deed in the office of the Suffolk County Clerk, sell such real property and
apply the net proceeds of the sale in the same manner as if the funds had
been held in a deposit or certificate described in Subsection A(1) above.
ii. That the grantor shall pay all real property taxes on the property held in
trust during the term of the bond.
iii. That the property to be placed in trust as an improvement guarantee will
not be used for any other purpose, or pledged as a security in any other
matter, unless and tmtil released by the Town Board.
iv. That upon the completion of the work or maintenance period or when the
benefit to the Town shall have been received or the purpose of accepting
this form of security is deemed unnecessary by the Town Board, the deed
and/or title to the subject property shall be released or conveyed to the
grantor or such other person as may be entitled to the same, free and clear
of any liens or defects, except those in existence at the time of the delivery
of the deed to the Town and which continue in existence or which may
have thereafter been placed thereon with the knowledge and consent of the
owner.
v. Affidavit of title or title certification affirming that the property to be used
as a guaranty is free and clear of any encumbrances or liens at the time it
is to be put into trust.
vi. Notwithstanding the aforementioned provisions, the Tmvn Board may, in
its discretion, accept such other security as may be allowed by law, where
there is a benefit to the Town.
vii. If the term of the performance bond will expire prior to the completion of
the public improvements, the Town Engineering Office and/or
Superintendent of Highways shall recommend to the Planning Board
either that the term of the bond be extended to permit completion of the
work by the Applicant or that the bond be declared in default. The
Planning Board shall advise the Town Board, by resolution, if its
recommendation is for the extension or default of the bond. The Town
Board shall act on the extension or declaration of default on the
performance bond.
viii. The performance bond shall have a term of two years. The term and
requirements ora performance bond may be extended or modified by the
Planning Board, in consultation with the Town Engineering Office and the
Superintendent of Highways, with the approval of the Town Board.
B. Default. In the event that any required improvements have not been installed as provided in
this section within the term of such security agreement, the Town Board may thereupon
declare the said performance or maintenance bond or security agreement to be in default and
collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof,
the town shall install such improvements as are covered by such security and as
commensurate with the extent of building development that has taken place in the
subdivision but not exceeding in cost the amount of such proceeds.
ARTICLE X
Required Public Improvements,
Inspections, Fees
§ A106-40. Required improvements and utilities.
A. All public improvements shown on the final plat and final road and drainage plans will be
required and must be bonded.
B. The following public utilities will be required, but bonding is not required. Assurance of
construction from the appropriate private company or public agency must be supplied to the
Planning Board by the applicant.
ii.
iii.
Fire hydrants as specified by the Fire Commissioners (only when water
mains are to be installed).
Sewage disposal facilities when specified by appropriate agencies.
Utilities, including but not limited to electric, gas, telephone and
television, all of which must be located underground. The applicant shall
provide a letter from each public utility company stating that the company
will make the necessary installations for its service. These letters shall be
submitted with the performance bond provided pursuant to §Al06-37.
C. Public improvements subject to the bonding requirements of this Chapter shall be constructed
in accordance with Chapter A108, Highway Specifications.
D. Fire wells shall be installed according to the specifications of the respective fire district.
Upon completion of the installations, the applicant shall arrange for appropriate testing of the
wells to the satisfaction of the respective fire district prior to release of the performance
bond.
E. Site preparation. Site preparation and construction of the required public improvements shall
not begin until (1) the final plat has been signed by the Chair or the Vice Chair of the
Planning Board and the final plat has been duly recorded in the Office of the Suffolk County
Clerk; or (2) if such work is to be performed without posting a performance bond, such work
shall not begin until a resolution conditionally approving the final plat has been adopted by
the Planning Board, and any conditions set forth therein required to be met prior to beginning
such work shall have been complied with.
§ A106-41. Inspection of improvements.
A. All bonded improvements shall be inspected by the Town Engineering Office and
Superintendent of Highways to ensure satisfactory completion.
At least 48 (forty-eight) hours' notice shall be given to the Town Engineering office and
Superintendent of Highways prior to any major construction or installation so that a
representative of the Town may be present when the work is performed.
i. The developer shall supply the Town Engineering Office and
Superintendent of Highways with a schedule of construction indicating the
beginning and completion dates of each of the following phases of work:
a. Cleaning and grubbing.
ii.
b. Drainage pipe installed with other drainage structures before backfilling and
recharge basin excavation,
c. Road sub base analysis.
d. Curbing and sidewalk.
e. Placement of road base course materials.
f. Finished roadway pavement materials.
g. Landscaping and fencing.
h. Sidewalks.
No work on any item in this subsection shall begin on a week-end or legal
holiday.
The developer shall notify the Town Engineering office and Superintendent of Highways,
in writing, at least five days prior to the completion of each of the above phases of
construction.
Construction testing of roadway pavement materials shall be performed in accordance
with the requirements of the road and drainage standards for the Town of Southold.
The Town Engineering office shall coordinate the placement of the following
improvements, with the developer and the utility company:
1. Water mains and hydrant connections, prior to backfilling.
2. Fire well.
3. Placement of underground electric, telephone or television cables.
4. Placement of underground lines/mains.
5. Installation of all tmderground drainage structures prior to backfilling.
A final inspection of all improvements shall be made by the Town Engineering office
and/or Superintendent of Highways to determine whether the work is satisfactory and in
substantial agreement with the approved final plat drawings, design standards of these
regulations and the construction specifications for subdivisions. The general condition of
the site shall also be considered. If it appears likely that hazardous conditions exist or
may arise, the Town Engineering office and/or Superintendent of Highways may require
that special measures be taken by the developer.
All development greater than a cumulative area of one acre shall require Phase II
Stormwater/erosion control mitigation requirements as set forth by federal and state
regulations including SPDES General Permit for Stormwater Discharges fi.om
Construction Activity (GP-02-01).
§ A106-42. Administration fee.
A. Administration fees shall be required for subdivision map review, project coordination
and field inspections by the Town Engineering office.
B. This fee shall be equal to six (6) percent of the adopted final total cost of capital
improvements (performance bond estimate), including but not limited to roads, clearing
and drainage.
C. When new road construction is not part of the subdivision (subdivision on an improved
road), the Applicant shall pay a review fee equivalent to two thousand ($2,000) dollars
per lot or six (6) percent of the bond estimate, whichever is greater.
D. All checks shall be made payable to the Town of Southold.
E. Ifa subdivision is abandoned, no part of the administration fees already paid to the Town
will be returned to the Applicant.
§ A106-43. Waiver.
With the approval of the Town Engineering Office and the Highway Superintendent, the
Planning Board may waive the provision of any or all required improvements which required in
its judgment and considering the special circumstances of a particular plat or plats, are not
required in the interests of the public health, safety and general welfare. For each waiver
granted, the Planning Board shall enter upon the records its 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.
§ A106-44. Safeguards during construction.
In order to prevent flooding, erosion or any other dangerous or hazardous condition from
occurring during the progress and completion of required improvements, the Planning Board
may require the developer or his agents to take any action, including the construction and/or
installation of temporary facilities, as the Town Engineering Office may recommend. Such
recommendations may not supercede state requirements under SPDES permit GP-02-01.
§ A106-45. Modification of Design of Improvements.
If at any time before or during the construction of the required improvements, the Town
Engineering Office, the Highway Superintendent and the Planning Board determine that
unforeseen conditions make it necessary or preferable to modify the location or design of any
required improvements, the Town Engineering Office may, upon approval of the Planning Board
and with the concurrence of the Highway Superintendent, authorize such modifications, provided
they are within the spirit and intent of the Planning Board's prior approval and do not extend any
waiver or constitute a substantial alteration of the function of any improvements required by the
Planning Board. The Town Engineering Office shall issue any authorization under this Section in
writing and shall transmit a copy of such authorization to the Planning Board pr/or to its next
regular meeting.
§ A106-46. Mapping of Completed Improvements; Monuments.
A. The required improvements shall not be considered to be completed until their
installation has been approved by the Town Engineering Office and a map satisfactory to
the Planning Board has been submitted indicating the location of monuments marking all
underground drainage utilities as actually installed and the comers of all new lots created
by the developer.
B. Where field conditions necessitate modifications to the approved road and drainage maps,
the Town Engineering office shall have the right to require amended maps for the public
record.
C. Monuments.
Property boundary monuments shall be required for each subdivision. Monuments
shall be set on the inside comers of outside boundaries of the land subdivided, at each
point where there is a change of alignment. Except where the boundary is a water
course, the monuments shall be offset in the line of the adjacent traverse.
Property boundary (survey) monuments shall be of concrete. Monuments shall not
be less than six (6) inches in diameter, thickness or width. Concrete monuments shall
be reinforced with metal. All monuments shall be not less than forty- two (42) inches
in length and set vertically with the top of the monument flush with the top of the
improved ground. The final monuments shall not be installed prior to completion of
£mal grad'mg.
Two street boundary monuments shall be set at diagonally opposite comers of each
street intersection, also on one side of a curve in a street at the point of tangency and
at the point of curvature.
Each lot in the subdivision shall be referenced by two markers located at the
intersection of the side boundary line of the lot and the front property line. Lot
boundary line markers shall be of metal rod or pipe not less than three-quarters inch
in diameter and twenty-four inches in length and driven so that the top of the marker
is flush with the level of the improved ground.
A letter fi'om a NYS Licensed Land Surveyor shall be provided by the Applicant to
the Planning Board certifying that all monuments are installed as shown on the
approved Final Plat.
Location of all proposed survey monuments shall be shown on preliminary maps
for review and approval by the Town Engineering Office prior to Planning Board
approval of the final plat.
ARTICLE XI
Cluster Development
§ A106-47. Authority and Purpose.
Authority is hereby granted to the Planning Board pursuant to New York State Town
Law §278 to modify applicable provisions of Chapter 100 of this Code, Zoning, as to
layout, configuration and design of lots, buildings and structures, roads, utility lines and
other infrastructure, parks and landscaping, to enable and encourage flexibility of design
and development of land in such manner as to preserve the natural and scenic qualities of
open space lands. Any subdivision designed under this Article shall indicate on the final
plat that it is a cluster subdivision.
The Planning Board shall require cluster development of parcels seven (7) acres or
greater in size and not classified as a Conservation Subdivision. The Planning Board, at
its discretion, may allow cluster development on any subdivision classified as a
Conservation Subdivision, and may modify any provisions of this Article in consideration
of the ERSAP.
The Planning Board, at its discretion, may mandate cluster development of a parcel of
seven (7) acres or less in size in order to preserve the natural and scenic qualities of open
Lands. The Planning Board shall consider the ERSAP in making such a determination,
and may require cluster development upon a finding that natural and scenic qualities of
the parcel including but not limited to the following, should be preserved:
1. Slopes: slopes of fifteen (15) percent or greater on lwenty-five (25) percent or more
of the property.
2. Land seaward of the Coastal Erosion Hazard Area line.
3. Water resources: wetlands, aquifer and aquifer recharge areas, municipal water
supply watershed areas, flood-prone areas as shown on Federal Emergency
Management Agency maps, New York State Protected Areas, or areas legally
protected by the County of Suffolk, the Town of Southold, Private Trusts or other
Entities or Agencies.
4. Agricultural lands: active farmland within a New York State certified Agricultural
District, lands within 2,000 feet of a New York State certified Agricultural District, or
soils classified in groups 1 to 4 of the New York State Soil Classification System or
areas legally protected by the County of Suffolk, the Town of Southold, Private
Trusts or other Entities or Agencies.
5. Community water and/or sewer: sites where community sewer, community water, or
community water and sewer are available or planned.
6. Critical Environmental Areas: Lands w/thin or contiguous to a Critical Environmental
Area designated pursuant to Article 8 of the Environmental Conservation Law.
7. Designated open space areas: lands contiguous to publicly owned or designated open
space areas, privately owned designated natural areas, or areas identified in the
Southold Town Farm and Farmland Protection Strategy.
8. Historic structures and sites: historic structures or areas of national, state or local
importance.
9. Scenic view sheds and special features: sites bordering designated State, County or
Town Scenic Roads, or "special features" identified in the Town's Comprehensive
Plan.
10. Significant natural areas and features: areas with rare vegetation, significant habitats,
11.
12.
13.
or habitats of endangered, threatened or special concern species as determined by the
New York Department of Environmental Conservation (Natural Heritage Program) or
the Town Conservation Board, mature forests over one-hundred (100) years old,
locally important vegetation or unique natural or geological formations.
Trails: existing mad potential trails, bikeways, and pedestrian routes of Town, State or
County significance.
Recreation: lakes, ponds or other significant recreational areas, or opportunities or
sites designated in the Town's Comprehensive Plan.
Applicant Request: on lands where the Applicant has requested approval of a Cluster
Development subdivision.
The Planning Board, at its discretion, may mandate cluster development in the HD, AHD,
RR, RO, LB, HB and B zoning districts for residential uses as permitted by this Code.
The Planning Board shall not increase the density permitted on the subject parcel as
determined pursuant to §Al06-1 l of this Chapter.
Where two or more properties are held in common ownership by the Applicant (s) and
the properties are adjacent or contiguous to one another, whether separated by a public or
private street, utility easement or other such easement, the Planning Board may require
clustering of the cumulative permissible yield onto one or more of the parcels.
Where two or more properties are held in common ownership by the Applicant (s) and
the properties are not adjacent or contiguous to one another, the Planning Board may
require clustering of the cumulative permissible yield onto one or more of the parcels,
subject to an approving resolution by the Town Board.
H. Design Requirements for Cluster Development Subdivisions.
In addition to the other requirements of this Chapter, the following shall apply:
In the R-400, R-200, R-120, R-80 and R-40 and A-C Zoning Districts, a cluster
development design must set aside a minimum of 60 percent of the buildable lands as
open space lands.
2. Utility and open space easements may be included in the calculation of the minimum
required open space.
3. Roads, streets, fight-of-ways may not be included in the calculation of the minimum
required open space.
§ A106-48. Determination of the Location of Open Spaces created by Cluster Development
Using Primary and Secondary Conservation Areas.
A. The required open space land shall consist of a combination of Primary Conservation
Areas and Secondary Conservation Areas as defined in §A106-3 and described in §A106-
11 (C). The proposed design shall strictly minimize disturbance of these environmentally
sensitive areas. The Applicant shall demonstrate that such features will be protected by
the proposed subdivision plan.
The location of open space lands shall be determined in general accordance with the
goals of the Town's Comprehensive Plan and In particular, with the Southold Town Farm
and Farmland Protection Strategy to provide an intemonnected network of open space
and farmland.
Active agricultural land with farm/agricultural support buildings_may be used to meet the
minimum required open space land.
Open space land should generally remain undivided, except for roadway median strips,
traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage
ways, historic sites or unique natural features requiring common ownership protection.
No portion of any house lot as described in a existing or future deed may be used for
meeting the minimum required open space land unless encumbered with a perpetual
restriction preventing the development of such area in any way.
House lot standards. Development areas for the location of house lots include the
necessary building envelope for each dwelling unit, constituting the rema'ming lands of
the tract outside of the designated open space areas. House lots shall not encroach upon
Primary Conservation Areas and their layout shall, where practical, respect Secondary
Conservation Areas. House lots shall be designed in accordance with the following
standards:
1. The buildable area of all proposed lots all shall meet the following setback
requirements to the greatest extent practicable:
a. From all external road fight-of-ways including New York State designated
scenic byways (S.R. 25 and C.R. 48): one-hundred (100) feet.
b. From all other tract boundaries: fifty (50) feet.
c. From agricultural lands, either bordering or within the tract: fifty (50) feet.
d. From active recreation areas such as courts or playing fields (not including
small playgrounds for young children): one-hundred (150) feet.
Views of house lots fi.om exterior roads and abutting properties shall be minimized by the
use of natural or landscaped buffers, changes in topography, existing vegetation, or
additional landscaping in accordance with this Chapter or other provisions of the Code.
House lots shall generally be accessed from interior streets, rather than from roads
bordering the tract. New intersections with existing public roads shall be minimized.
Two access ways into and out of subdivisions containing ten (10) or more dwellings are
generally required for safety. Proposals for more than two entrances onto an arterial road
as defined herein shall be discouraged if they would unnecessarily disrupt traffic flow or
unduly impact the environment.
I. To the extent practical, the lots shall directly abut or face open space created under this
Chapter.
§ A106-49. Protection and Use of Open Space Lands created by Cluster Development.
Ownership. As a condition of approval of a standard subdivision plat pursuant to this
Chapter and in order to further the Town's goals of permanent preservation, the Planning
Board shall require that fee title to parcels of open space shown on the plat be conveyed
to one (1) or more of the following:
The Town of Southold or other govemmental unit or authority. The Town may, but
shall not be required to, accept any portion of the open space land and common
facilities, provided that:
a. There is no substantial cost of acquisition to the Town; and
b. The Town agrees to and has access to maintain such facilities; and
c. Such facilities for public use shall be accessible to residents of the Town.
Homeowners' Association. Open space land and common facilities may only be
conveyed to a homeowners' association if the following regulations are met:
a. The applicant shall provide the Town with a description of the organization of
the proposed association, including its by-laws, and all documents governing
ownership, maintenance, and use restrictions for common facilities.
b. The proposed association shall be established by the owner or Applicant and
instruments which satisfy the requirements of this section must be recorded no
later than the date on which the subdivision map is filed ~vith the Suffolk
County Clerk.
c. Membership in the association shall be mandatory for each property owner
within the subdivision and the owner's successors in interest, and each such
owner must be required to pay a proportion of the annual cost of maintaining
the open space or common areas.
d. The association must have the power to levy assessments against each lot
owner and which become a lien on the real property of any member who falls
delinquent in his or her assessments.
e. Written notice of any proposed transfer of common facilities by the
association or the assumption of maintenance for common facilities must be
given to all members of the association and to the Town no less than thirty
days prior to such event.
Non-common private ownership. The required open space land may be included
within one or more large agricultural reserve lots provided the open space is
permanently restricted from future development, except for those uses listed in
§A106-49C. This option may be preferable for open space land that is intended for
agricultural, horticultural, or silvicultural use.
4. A private conservation corporation or land trust approved by the Planning Board,
which is required under its charter to own and manage the open space in perpetuity
for one (1) or more of the purposes set forth in this chapter and which has the
capacity to do so.
As a condition of approval of a conservation subdivision plat pursuant to this chapter and
in order to further the Town's goals of permanent preservation, the Planning Board shall
require that any required open space land resulting fi.om clustering design shall be held in
the same ownership of the other permanently preserved lands in the conservation
subdivision.
Grant of restrictive easements required. Where fee title to open space created by cluster
development as provided in this Section will be conveyed, the Planning Board shall
ensure that the open space is used in perpetuity only for the uses approved by the Board
and shall ensure that public and record notice is given of the nature of the restrictions on
the open space. To this end, the Planning Board shall:
1. Require the grant of conservation easements, either to the Town of Southold or to an
approved private conservation corporation or land trust, and require the filing of such
other Instruments as will permanently impose the open space restriction required by
this chapter and give record notice of the same.
2. Impose such other conditions and restrictions as will, in the discretion of the Board,
ensure that the use of the open space is permanently restricted to those uses approved
by the Board.
3. All conservation easements required or agreed to by the Planning Board pursuant to
this chapter shall be approved as to their form, content and manner of execution by
counsel to the Planning Board or by the Town Attorney. Such easements shall be
perpetual.
4. All conservation easements, declarations or other instruments imposing or giving
notice of restrictions on open space or other real property and required or agreed to
by the Planning Board pursuant to this chapter shall be recorded in the office of the
Suffolk County Clerk simultaneously with the filing of the subdivision map or
development plat.
5. No provision of this chapter shall be construed to supersede or modify any provision
of a conservation easement previously granted to the Town of Southold so that the
protection of open space which the easement affords is in any way diminished.
6. Any person, firm, corporation or other entity shall have committed a violation of this
Chapter if said person, firm or corporation violates any provision of a conservation
easement granted to or accepted by the Town pursuant to this Chapter.
Restrictions on use. Use of open space shall be restricted and defined in a conservation
easement, and shall be limited to the following:
1. Conservation of open land in its natural state, including woodland, fallow field, or
managed meadow. The clearing of woodland shall generally be prohibited, except as
necessary to clear trails and active recreation facilities, remove invasive species, and
to install subsurface sewage disposal systems. Fallow fields may be returned to
agricultural production without penalty. The determination of necessity shall lie with
the Planning Board and the Land Preservation Department.
2. Agricultural and horticultural uses, including raising crops or livestock, wholesale
nurseries, and associated buildings, that are specifically needed to support an active,
viable agricultural or horticultural operation, subject to applicable lot coverage
requirements in Chapter 100, zoning, of this Code. Specifically excluded are
Concentrated Animal Feeding Operations (CAFO's) as defined by the US
Environmental Protection Agency, or commemial livestock operations involving
swine, poultry, mink, ratites, and other animals likely to produce highly offensive
odors. Such easement and a notation of the Town of Southold Farmland Bill of
Rights shall be on the referenced final plat.
3. Game preserve, wildlife sanctuary, or other similar conservation use.
4. Woodlots, arboreta, and silviculture in keeping with established standards for
selective harvesting and sustained-yield forestry.
5. Neighborhood open space uses such as village greens, commons, picnic areas,
community gardens, trails, and similar low-impact passive recreational uses
specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar
in character and potential impact as determined by the Planning Board.
6. Active non-commercial recreation areas, such as playing fields, playgrounds, and
courts, provided such areas do not consume more than half of the minimum required
open space land or five acres, whichever is less. Playing fields, playgrounds, and
courts shall not be located within one-hundred fifty (150) feet of abutting properties
nor shall such facilities be equipped with lighting. Parking facilities for the same shall
also be permitted, and they shall generally be gravel-surfaced, unlighted, properly
drained, provide safe ingress and egress, and contain no more than ten parking spaces.
Such recreation uses may be a public park or recreation area owned and operated by a
public or private nonprofit agency, but shall not include storage of materials, trucking
or repair facilities, or private or municipal sanitary landfills.
7. Water supply and sewage disposal systems, and stormwater detention areas designed,
landscaped, and available for use as an integral part of the open space area.
a. Sanitary sewage disposal systems of either an individual or community nature
may be located within or extend into required open space areas, provided that
subsurface sewage disposal methods are employed, all required separation
distances are observed and the ownership and maintenance responsibilities
associated therewith are clearly defined in agreements submitted for approval
as part of the subdivision application. No application shall be approved that
does not provide property owners with both the legal authority and the
responsibility, individually or collectively, to maintain all sewer facilities on a
continuing basis. This may include the creation of a special district under
Articles 12 and 12-a of New York State Town Law.
b. Conservation of water. It is the requirement of the Planning Board to return
storm water to the ground within subdivisions. This is to be done through the
use of natural recharge basins and/or leaching basins and/or lots specifically
designated as drainage lots to be used for no other purpose. In addition,
Applicants shall be required to covenant that buildings and structures shall be
equipped with leaders, gutters and dry wells to return storm water nmoff to
the ground.
8. Easements for drainage; access, sewer or water lines, or other public purposes.
ARTICLE XII
Design Standards
§ AI06-50. Lots, Streets, Common Driveways, Flag Lot Design.
A. Lots.
1. All building lots shall at least comply with the requirements of the Zoning
Regulations of the Town, except for lots in open space subdivisions.
2. Each lot shall where possible abut a secondary street or an existing dedicated street.
Comer lots shall be of sufficient size to meet the minimum building line, lot width
and yard setbacks of the Zoning Regulations for each street, except for lots in a
cluster subdivision.
4. Where extra width has been provided to widen existing streets, lots shall begin at
such extra width line, and all setbacks shall be measured from such line.
5. Side lines of lots shall be at fight angles to straight streets, and radial to curved
streets.
Where factors such as rock formations, flood conditions or similar circumstances
affect the suitability of a lot or lots for their intended use, the Planning Board may
deny approval of such lots.
Block length and width, or acreage within boundary roads, shall be sufficient to meet
the lot area requirements of the Zoning Regulations and to provide for convenient
access, circulation control and safety of street traffic.
8. Lots intended for commercial or industrial use shall be designed specifically for such
purposes with adequate space set aside for off-street parking and delivery facilities.
Lots shall be designated to avoid regulated areas under the jurisdiction of the Town
Board of Trustees, the New York State Department of Environmental Conservation
and the Town Zoning Board of Appeals.
B. Streets.
Streets shall meet Town Highway Specifications. Where appropriate, the Planning Board
shall work with the Highway Superintendent and Town Engineering office to ensure that the
Town of Southold's Highway Specifications do not impact or detract from the rural and
environmental character of a standard, conservation or cluster subdivision. The Highway
Superintendent and the Town Engineering office may provide an interpretation of any part of
Highway Specifications and modify such requirements under §Al 08-48 of the Town Code.
1. The design of the street pattern shall be based upon consideration of factors such as
topography, design of proximate streets, ease of access to inter-modal transportation
hubs, access to existing sidewalks, trails, bicycle paths and public transit, traffic
calming measures, and other traffic safety considerations.
The arrangement of streets in new subdivisions shall make provision for the
continuation of existing streets in adjoining areas, or their proper extension where
adjoining land is not subdivided, as may be deemed necessary for public
requirements.
Public right-of-way street widths shall be measured at right angles or radial to the
center line of the street and shall be fifty (50) feet in width. Actual roadway widths
shall be determined by Section Al08-Highway Specifications. Roadways shall have a
minimum of two (2) lanes.
Whenever possible, streets should intersect at right angles, but in any event not at
angles of less than sixty (60) degrees.
5. Cul-de-sac streets:
a. Unless there is the expectation of extending the street through to the adjoining
property, a cul-de-sac street shall not be placed so that it ends on the property
line of the subdivision.
b. A cul-de-sac should not exceed eight hundred feet (800) in length, as
measured from the center line of the street at the open end to the radius point
of the turn around.
c. All residential cul-de-sacs shall have a turn around at the end of the street
which shall have a right-of-way radius of fifty (50) feet. The curb at the turn
shall have a minimum radius of forty-four (44) feet.
d. In a commercial or industrial subdivision, a cul-de-sac should be avoided
whenever possible unless the right-of-way radius is designed at a minimum of
seventy-five (75') feet and the curb radius is designed at sixty-five (65') feet.
If a dead end street is of a temporary nature, a turn around shall be provided and
provision made for future extension of the street and the reversion of the excess
right-of- way of such temporary turnaround to the adjoining properties.
Streets and right-of-ways less than the required minimum of 50 feet shall not be
permitted, except that wherever a proposed subdivision borders an existing street or
fight-of-way less than the required minimum width, the Planning Board shall require
that the other part of the street or right of way be platted in the proposed tract if it is
found that such a requirement would increase the effectiveness of the circulation
system in the area.
Multiple intersections involving a junction of more than two streets shall be
prohibited.
10.
Arterial streets shall not intersect with local residential streets and residential
collector streets less than eight hundred (800) feet apart, measured from center line to
center line.
11.
To avoid confusion, no street shall have a name which will duplicate or nearly
duplicate the names of existing streets within the Town. The continuation of an
existing street shall have the same name. All proposed street names are subject to
approval of the Town Engineering Office and/or the Highway Superintendent.
The minimum radius of horizontal curve, minimum length of vertical curves, and
minimum length of tangents between reverse curves shall be in accordance with
specifications established by the Town Highway Superintendent and/or Town
Engineering office, and shall be approved prior to final approval of the Final Plat by
the Planning Board.
12. New streets shall be located to provide adequate sight distance on any adjacent public
road in both directions from the interior road in accordance with the current edition of
the American Association of State Highway and Transportation Officials (AASHTO).
13. New streets shall not be placed so as to intersect another street directly opposite an
existing or proposed residence.
14. Any crossing of the Long Island Rail Road right-of-way within a subdivision will not
be permitted.
15. Except in a conservation subdivision or open development area, subdivisions where
more than three hundred (300) feet of land fronts on a public street shall provide
access to proposed lots by way of a new street. Multiple building lots and fronting of
more than two building lots on a existing street shall be prohibited. From an aesthetic
and speed control perspective, curving roads are preferred in an informal rural cluster
to avoid long straight segments. Shorter straight segments connected by ninety (90)
degree and one hundred thirty five (135) degree bends are preferred in a more formal
or traditional arrangement.
16. Whenever appropriate, street systems should produce vistas of open space.
17. The use of reverse curves should be considered for local access streets in Cluster
Development subdivisions in conjunction with long horizontal curve radii (at least
250 feet) and where traffic speeds will not exceed thirty (30) mph.
C. Common Driveways.
Common driveway access may be provided and shall be required where street safety
and traffic management goals would be served.
2. The maximum number of lots using a proposed common driveway shall be two (2) if
the common driveway has one entrance on a public road. Each lot shall have their
access on the common driveway, regardless of the potential for access onto an
existing Town, Cotmty or State road.
The boundary of each lot served by a common driveway shall extend to the center
line of the common driveway with the right of way for ingress and egress across the
common driveway granted to each lot served by such common driveway.
In the ease of a conservation subdivision, the Planning Board may, in its discretion,
require professional engineer's drawings showing the exact location, dimensions and
grade of the common driveway and specifications for its composition. The Planning
Board may refer these drawings to the Town Engineering office for review and
comment.
5. The subdivision plat shall show the road clearly labeled as "common driveway".
6. The common driveway may not be offered for dedication to the Town of Southold.
The Planning Board shall require a recorded maintenance agreement executed by the
Applicant as a condition of subdivision approval.
D. Flag Lots.
The Planning Board May permit a limited number of flag lots in a residential subdivision
plat, provided that they are well shaped, they are generally larger than usual lots, their accessway
is essentially straight and not excessive in length and their arrangement will not create traffic
difficulties on the street system and would not be a means to circumvent a standard lot and street
arrangement which might otherwise result in a generally better platting of the subdivision and
adjacent lands.
To assure that the flag lot is of adequate size and shape, a flag lot located within the
residential zones shall contain at least the minimum lot area of the applicable zoning
district in which it is situated, within the bulk Of the lot, exclusive of the area
contained in the flagpole access strip.
In allowing flag lot arrangements in subdivision, the Planning Board may require
either a formal private lane or common access driveway to service such lots and may
require that such lanes or common access driveways be made part of the
improvements to be undertaken and made part of a performance bond.
The Planning Board may adopt further policies or regulations to assure compliance
with these requirements, including design and legal specifications for the creation of
lanes and common access driveways over such flag lot arrangements.
§A106-51 (Reserved)
§A106-52 (Reserved)
§ A106-53. Lighting.
Street lighting shall be provided along all streets in the subdivision and along
all streets upon which the subdivision abuts, as required by the Town Engineering office and/or
the Highway Superintendent. Public safety, power conservation and preservation of the night
sky. shall be of primary consideration in choosing the design, location and number of lighting
fixtures. Fixtures must be designed to hide the source of illumination fi.om the side and must
direct the light downward.
§ A106-54. Wastewater Treatment Systems.
All wastewater treatment systems shall be installed in accordance with plans approved by
the Suffolk County Health Department. Such systems shall provide each residence and other
structures containing plumbing fixtures with an adequate and safe method of sewerage treatment.
Where a public sewerage treatment system is not available, an adequate private wastewater
treatment system, approved by the Suffolk County Health Department, shall be provided.
§ A106-55. Water Supply Systems.
All water supply systems shall be installed pursuant to plans approved by the
Suffolk County Health Department. Such systems shall be designed to provide a sufficient
supply of potable water, under adequate pressure, to all outlets, including, but not limited to,
residences, other structures, drinking fountains, hose connections, hydrants. Where a public
water supply system is not available, an adequate private water supply system, approved by the
Suffolk County Health Department, shall be provided.
ARTICLE XIII
Preservation of Natural Features
§ A-106-56. Clearing.
Clearing of vegetation and/or grading is permitted only within the areas designated by the
Planning Board and as shown on a final clearing and/or grading plan or plat approved by
the Planning Board.
Clearing of vegetation within the individual residential lots on a subdivision plat
approved pursuant to this Chapter shall be in accordance with (C) of this Section.
Lot size and Permissible Limits of Clearing. Existing native and/or non-native vegetation
shall be preserved subject to the following limits of clearing schedule.
Lot Size (Sq. Ft.) Percentage of Site Permitted to be Cleared
1 to 15,000 75
15,001 to 30,000 60
30,001 to 60,000
60,001 to 90,000
90,001 to 140,000
140,001 to 200,000
200,001 or greater
50
35
25
20
15
Clearing limits shall be clearly staked and approved by a New York State licensed
engineer or surveyor prior to any clearing or grading.
E. Clearing of vegetation within open space areas not in agricultural use in prohibited
unless according to an approved fmal clearing and/or grading plan or approved plat.
Clearing of vegetation shall be permitted on residential lots within subdivision as
approved in accordance with this Chapter upon the issuance of a Certificate of
Occupancy fi:om the Building Department.
G. Properties located on the Town of Southold Farm or Farmland Inventory are exempt fi:om
these provisions.
Clearing of Slopes Equal to Greater than 15 Percent. The Planning Board may permit the
clearing of slopes equal to or greater than 15 percent with the approval of an Erosion and
Sediment Control Plan prepared by a New York State Licensed Engineer.
I. Landscaping and Ground Cover
All lots which are not covered by structures or paving shall be properly seeded or
landscaped by the Developer pursuant to an approved plan. These lots are to be
maintained by the landowner, or as otherwise provided by this Chapter.
Each lot shall be provided and/or planted with trees that are acceptable to the
Planning Board. This requirement may be waived by the Planning Board in wooded
areas where the developer intends to maintain existing trees or in areas where the
developer meets the limit of clearing requirements.
When a proposed subdivision borders upon an existing commercial or industrial
establishment, of any other use which, in the opinion of the Planning Board, may be
visually detrimental to the tranquility of the future residents of the subdivision, the
Planning Board may require a landscape screen/buffer to protect the subdivision fi:om
the visually incompatible use.
§ A106-57. Floodplains.
Land that lies within a flood plain or zone or directly contributes to the watershed of that
plain or zone by way of a swale shall be left in its natural state.
B. Whenever possible, the ability of the land to naturally channel, retain and drain
stormwater shall be maintained and enhanced in ways that augment the existing natural
system.
No subdivision design will be permitted that would create a flood or flooding hazard to
adjoining or nearby properties including public roads and property.
§ A106-58. Storm Water, Drainage and Erosion Control.
All storm water runoff resulting fi:om the development or improvement of a subdivision
or any of its lots should be retained on-site by adequate on-site drainage structures so that
the storm water runoff will not flow into the right-of-way of a town, county or state mad,
upon any neighboring properties under separate o~vnership, or in any body of water.
All historic drainage patterns shall be preserved. Where existing grade is altered, the
Applicant shall submit a Grading and Drainage Plan to the Planning Board. Dewatefing,
altering, or causing adverse existing drainage patterns and/or conditions on adjacent
properties or parcels are prohibited.
Erosion and sediment control measures as defined by the Planning Board will be required
during and immediately after construction on site to help prevent storm water fi.om
carrying soil and other deleterious material onto adjacent properties and highways and
into wetland areas and adjoining bodies of water.
The Planning Board may refer all residential subdivision proposals to the Suffolk County
Soil and Water Conservation District (SWCD) and/or the Town Engineering office, for
their review as to the acceptability of proposed drainage, erosion and sediment control
measures both during construction phases and after completion. All easements deemed
necessary to maintain either natural or man-made storm water drainage, erosion and/or
sediment control measures shall be provided and plotted accordingly on the Final Plat.
All subdivisions on parcels greater than 10 acres in size and located within designated
watershed may be required to provide a Soil and Water Conservation Plan and/or Site
Development and/or Construction Best Management Practices to the Planning Board.
All construction activity greater than one (1) acre in area is required to comply with
federal and state regulations as set forth in the SPDES General Permit for Storm Water
Discharge fi:om Construction Activity (GP-02-01).
ARTICLE XIV
ADDITIONAL REQUIREMENTS
§ A106-59. Standards and Procedures for Acceptance of Streets; Recreation and Park
Areas.
A. Acceptance of Streets.
The approval by the Planning Board and subsequent filing of the Final Plat at the Suffolk
County Clerk's Office shall not constitute acceptance by the Town of any street or right of way
shown on such Final Plat. The Applicant shall comply with all town rules and regulations
regarding the dedication of highways, as set forth in Article IV of Chapter Al08, Highway
Specifications, final dedication of roads. Any street or right of way shall be deemed private until
it has been formally accepted by a resolution of the Town Board.
B. Acceptance of Parks.
When a park, playground, or other recreation area is shown on a Final Plat, the approval
of said Final Plat shall not constitute acceptance by the Town of such area, and the Final Plat
shall be endorsed with appropriate notes to this effect. The Planning Board may also require the
filing of a covenant providing for future dedication or other transfer of title, development of the
site, and maintenance of it.
C. Acceptance of streets and parks and subsequent expiration of final plat.
Acceptance of formal offers of dedication of streets and parks shall rest with the Town
Board. If the plat is not filed or recorded in the office of the County Clerk, then such offer of
dedication shall be deemed to be void.
§ AI06-60. Reservation of parkland on subdivision plats containing residential
units.
A. Land reservation determination.
Where the Planning Board determines that suitable land for a public park, playground or
other recreational purpose exists within the boundaries of a proposed residential subdivision, the
Board may require that a portion of the subdivision lands be reserved for such purpose. Such
determination shall be based on an evaluation of the present and anticipated future needs for park
and recreational facilities in the town based on projected population growth to which the
particular subdivision plat will contribute. In determining whether or not to require the
reservation of land for public park, playground or other recreational purpose, the Planning Board
shall consider by the criteria and procedures outlined in subsection A106-60(C) below.
B. Amount of land to be reserved.
The amount of land area to be reserved for public park, playground or other recreational
purpose shall be determined by the number of new residential building lots within the proposed
subdivision. Upon the recommendation of the Planning Board and where the Town Board
deems it appropriate, up to five (5) percent of the total acreage may be subject to dedication.
C. Criteria for land reservation.
In determining whether or not to require the reservation of land for public park,
playground or recreational purposes, the Planning Board shall consider the following factors:
Whether suitable land exists within the proposed subdivision in terms of its size,
shape, and dimensions to reasonably accommodate a public park, playground or other
recreation use;
Whether the characteristics of the land in terms of topography, soils, vegetative cover,
hydrology and/or other natural features readily lend themselves to development of the
site for active recreation use;
3. Whether there are state or federal regulatory restrictions that would limit the
usefulness of the site for active recreation development;
4. Whether the site in terms of its physical characteristics would provide an attractive
and safe area for recreational use;
5. Whether the site is located such that reasonable and safe pedestrian, bicycle and
vehicular access can be provided between the site and surrounding residential areas;
6. Whether the character of the proposed subdivision and that of the surrounding area
are compatible with a public park and/or recreational use;
Whether the anticipated population of the proposed subdivision, together with the
population density of surround'rog neighborhoods, is sufficient to justify development
and long-term maintenance of a public park, playground or other recreation facility at
the location;
Whether the site is located near or duplicates recreation facilities already provided in
the area, particularly those providing the same type of recreation opportunities,
including facilities located on public school grounds;
9. Whether development and long-term maintenance of the site would place an undue
burden on Town Departments;
10.
Whether the site contains any unique and significant physical, aesthetic or ecological
features that would make it particularly suited for environmental education, trail
development, a nature preserve, or other passive recreation use;
11. Whether reservation of the land is consistent with recommendations contained in the
Comprehensive Plan for the Town of Southold and/or the Plan for Parks and
Recreation in the Town of Southold, if any, in effect at the time the subdivision
application is made; and
12. Whether reservation of the land is consistent with the general goals and objectives of
the Town with respect to the development of parks and recreation facility
development.
D. Preliminary determination and referral required.
Prior to making a final determination that land will be reserved for public park,
playground or other recreational purpose, the Planning Board shall fn:st make a preliminary
determination that such land reservation will be required, and shall refer the proposal to the
Town Board, Land Preservation Committee and the Public Works Department for its input on
the matter. Said referral shall occur as early as possible in the subdivision review process and
prior to the public hearing on the preliminary plat application. A referral is not necessary where
the Planning Board makes a preliminary determination that it will not require the reservation of
land.
E. Reservation prior to signing of final plat.
The reservation of public park, playground or recreation land shall occur prior to the
signing of the final plat by the authorized officer of the Planning Board, or in the case of a final
plat filed in sections, prior to the signing of the approved final plat of the first section thereof. In
cases where a final plat is filed in sections, the total land area that is proposed to be reserved for
public park, playground or recreation purposes shall be shown upon, and included within, the
final plat of the first section.
F. Satisfaction of parkland reservation requirement.
The park land reservation requirement of this section shall be deemed satisfied upon the
presentation to and acceptance by, the Town Board of a metes and bounds description of the
parcel which is proposed to be reserved for park, playground or recreation purposes, and by the
placing of a notation upon the final plat indicating that the land is so reserved and cannot be
further subdivided or built upon except for public park, playground or recreational purposes.
G. Park and Recreation Fee.
If the Planning Board makes a finding pursuant to this Chapter that the proposed
subdivision plat presents a proper case for requiting a park or parks suitably located
for playgrounds or other recreational purposes, but that a suitable park or parks
cannot be properly located on such subdivision plat, the Planning Board may require
a sum of money in lieu thereof. The fees shall be as follows:
a. Standard Subdivision $7000. per lot;
b. Conservation Subdivision $3500. per lot;
c. Affordable Housing District -none-
Timing of fee payment. Fees must be paid prior to any final approval except in the
case of an Open Development Area where the fee shall be paid upon implementation
of the ODA (e.g. when the lot(s) is (are) created).
Fees to constitute separate trust fund. All fees collected pursuant to this section shall
be placed in a separate trust fund(s) to be established and used by the Town
exclusively for the acquisition of public park, playground or recreation land, and/or
for the improvement of public park and recreation facilities.
§ A106-61. Reservation of Lands for Pedestrian Trails.
Pursuant to New York State Town Law §278 and to foster the goals of trail
Creation and preservation, the Planning Board may require the reservation of non-agricultural
open space lands for park purposes and it may require some or all of that land be designated as
pedestrian trails, in accordance with the following considerations:
To the extent it is consistent with proper overall land use principles, existing trails shall
be preserved in their natural state within reserved areas in the proposed subdivision.
Where a subdivision layout cannot preserve existing trails because of adherence to
legitimate land use policies and principles, the Planning Board may require relocation of
trails within the proposed reserved areas to maintain the necessary linkage to preserve the
integrity of the system. The position of any relocation shall be established by the
Planning Board and shall be performed in such a manner as to minimize disturbance to
natural features deemed sensitive
In order to provide notice to the public, all trails shall be shown on the final map of the
proposed subdivision. Existing and relocated trails shall be distinguished on the map.
Said trails and all property rights, both private and public, relating to the trails shall be
delineated by declaration or other proper legal instrument filed in connection with the
subdivision. The resolution of conditional final approval shall also delineate any
conditions of approval relating to trail preservation, use and maintenance.
All trails which are preserved as a condition of Planning Board approval shall be
improved in accordance with the Board's roles and regulations relating to clearing and
marking of trails.
E. All trails shall be buffered to the maximum extent practicable from proposed
development through location within proposed reserved areas.
Except as provided herein, all trails subject to this policy statement shall be linfited to
recreational uses as outlined in Chapter 62 of the Town Code and shall not be utilized by
motorized vehicles.
The Planning Board shall encourage Applicants to grant rights to the public to utilize
trails preserved pursuant to this section.
Dedication, access easements or covenants shall be acceptable means of creating public
rights to use the trail system.
I. Landowners' liability shall be governed by the applicable New York State laxv.
J. Where the developer has granted rights to the public to utilize trails within his control, the
Town shall be responsible for maintenance of the trails, absent an agreement with the
developer or a third party to the contrary.
Where rights have been granted to the Town in the form of dedications, easements or
covenants to utilize lands as trails but trails were not required to be constructed by the
Applicant, future trail construction shall be the responsibility of the Town. Cooperation
with owners of the property shall be encouraged.
§ A106-62. Time Limitations.
The time limitations set forth in this Chapter and in New York State Town Law
may be varied when required for the purpose of complying with the provisions of SEQRA and its
implementing regulations.
§ A106-63. Waivers.
The Planning Board shall have the authority to modify or waive, subject to
appropriate conditions, any provision of these subdivision regulations, if in its judgment they are
not requisite in the interest of the public health, safety and general welfare, except where such
authority would be contrary to other ordinances or state law.
§ A106-64. Waiver, Adjustment of Property Lines.
The following divisions of property shall be eligible for a waiver fi:om subdivision review
by the Planning Board.
1. A re-subdivision of nonconforming lots shown On a subdivision map approved by the
Planning Board after April 9, 1957, and filed in the office of the Suffolk County
Clerk or the Town Clerk, but not held in single-and-separate ownership. However,
the re-establishment of the fight to build on said lots shall require variance relief fi:om
the Zoning Board of Appeals.
2. A re-subdivision which involves redrawing original lot lines for the purpose of
combining said lots to create conforming parcels shown on a subdivision map
approved by the Planning Board after April 9, 1957, and filed in the Office of the
Suffolk County Clerk or the Town Clerk.
The proposed division shall be reviewed by the Town Planning Department, and the
office shall inform the Planning Board in writing that the division will have not
significant environmental effect, will not make future planning of the affected parcels
more difficult or impossible and poses no other immediate or potential problem which
would justify more thorough review by this Board.
Where all the requirements of this section can be met, such a division may be authorized
by the Planning Board by resolution.
Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed
surveyor and filed in the Office of the Planning Board. Any land being transferred by
such re-subdivision shall be deeded to the owner of the property in identical name so the
new area merges with the existing parcel and shares therewith a common identification
number on a Suffolk County Tax Map. The deed and legal description for any re-
subdivided parcel shall be recorded in the Office of the Suffolk County Clerk.
§ A106-65. When Effective; Effect on existing plats.
These subdivision regulations shall take effect immediately upon approval by the Town
Board after adoption by the Planning Board. However, any subdivision which has
received conditional approval of the preliminary plat by the Planning Board prior to the
approval or future modification of these regulations may, at the discretion of the Planning
Board, be permitted to be completed under the provisions of the subdivision regulations
existing at the time of the approval.
ARTICLE XV
Enforcement
§ A106-66. Violations.
Where a violation of the provisions of this Chapter, as adopted and as may be amended,
has been committed or exists, the owner of the real property where such violation has
been committed or exists, any contract vendee and any grantee of such owner who
knowingly participates in such violation, and any agent who has executed an application
to the Planning Board on behalf of the owner or contract vendee with respect to such real
property and who knowingly participates in such violation shall be guilty of a violation of
this chapter.
Any owner of real property who creates a subdivision or who subdivides real property
into lots within that part of the Town of Southold outside the limits of any incorporated
village without first obtaining approval of the Planning Board of a subdivision map or
plat showing the land to be subdivided shall be guilty of a violation of this chapter. Any
contract vendee and any grantee of such owner who knowingly participates in such
violation shall also be guilty of a violation of this chapter. As used herein the term
"subdivision" shall mean a subdivision as defined in this Chapter.
Where a violation of any provision or condition of any resolution or approval of the
Planning Board or of filed covenants and restrictions relating to a subdivision, adopted or
granted under the authority of this Chapter or Article 16 of the New York State Town
Law, has been committed or exists, the owner of the real property where such violation
has been committed or exists, any contract vendee and any grantee of such owner who
knowingly participates in such violation and any agent who has executed an application
to such Planning Board on behalf of the owner or contract vendee with respect to such
real property and who knowingly participates in such violation shall be guilty of a
violation of this Chapter.
Any person who performs physical work on real property, including but not limited to
clearing of land, other site preparation and construction of improvements in violation of
this Chapter or in violation of any provision or condition of any resolution or approval of
the Planning Board relating to subdivision, adopted or granted under the authority of this
Chapter or Article 16 of the New York State New York State Town Law, shall be guilty
of a violation of this chapter.
§ A106-67. Penalties for Offenses.
A violation of this chapter shall be punishable by a fine not exceeding that permitted by
Section 268 of New York State New York State Town Law. Each week's continued violation
shall constitute a separate additional violation.
§ A106-68. Methods of enforcement.
The provision of this chapter may be enforced by any method or remedy provided by law.
In addition to other remedies provided by law, any appropriate action or proceeding may be
instituted to prevent, restrain, correct or abate any violation of this Chapter.
Section 3. SEVERABILITY.
Should any section or provision of this Local Law hereafter be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local
Law as a whole, or any part thereof, other than the part so declared to be invalid.
Section 4. EFFECTIVE DATE.
This Local Law shall take effect upon filing with the New York State Secretary of
State.
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK
DEPARTMENT OI~ STATE
4 I STATe STREEq-
ALBANY, NY 1223 I -OOO I
GEOROE E. PATAKI
September 17, 2004
RECEIVED
RANDY A DANIELS
Town of Southold
Office of the Town Clerk
Town Hall 53095 Main Road
PO Box 1179
Southold, NY 11971
SEP 2_ 3 z0O4
RE: Town of Southold, Local Law 18, 2004, filed on 9/14/2004
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
NEW YORK STATE DEP,~RTMENT OF STATE
Local Law Filine 41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 18 of 2004
A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the Code of the Town of Southold.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
SECTION 1. LEGISLATIVE INTENT.
The To;vn Board finds that the current subdivision regulations have been unable to meet the growing
and changing needs of and the challenges faced by the Town of Southold. To that end, at the request of the
Planning Board, the Chapter A 106 Subdivisions of Land is being repealed and replaced in its entirety with a
new Subdivision chapter. This chapter has been designed with the input of the town planning and legal staff, as
well as retained outside counsel and counsel for the Department of State. The draft was published in its entirety
in the Suffolk Times and ;vas the subject of one public hearing on June 29, 2004, which was kept open for 10
days to allow for written comments. The comments have been incorporated into this revised Chapter.
As recommended in the DGEIS prepared for the Town Board in 2003, this review and revision of the
Subdivision Code will result in simplification and improvement of the regulations. This revision will benefit
revie~v and processing of applications. The subdivision regulations are fully compliant with New York State
law and are designed to be more "user-friendly". Additionally, this revision incorporates the concept ora
Conservation Subdivision, which creates the opportunity for the landowner and Town to reduce the potential
yield of a site while protecting and preserving agricultural land and/or open space.
This revision of the subdivision regulations includes implementation of an affordable housing
requirement when calculating yield on a standard subdivision (as opposed to a Conservation Subdivision). This
requirement provides that at least ten percent, and up to twenty five percent, ora standard subdivision yield
include construction of "affordable" homes that will remain affordable in perpetuity. This legislation provides
tbr an increased density "bonus" for the developer that elects to build the full twenty five percent requirement
within the subdivision, but also provides the option for the builder to construct only ten percent of the yield as
affordable and meet the remaining requirement with a payment to the Town's Housing Fund or a donation of
property suitable for construction of affordable homes elsewhere in the Town.
(If additional space is needed, attach pages the same size as this sheet, and nnmber each.)
DOS-239( Rev. [ 199)
This affordable housing requirement has been crafted in response to the Town-wide consensus that there
is a housing "crisis" within the Town. The DGEIS Housing Needs Assessment concluded that "modest efforts
to provide affordable housing in the Town will not succeed due to escalating real estate prices." As
documented in the report of Philip Beltz, Special Projects Coordinator for the Town of Southold, entitled
"Recommendation for lnclusionary Zoning", the past efforts of the Town to create affordable housing have not
been successful, largely in part due to the escalating real estate prices and lack of requirement for affordability
in perpetuity. The report shows that the average sales price for a single-family home in 2001-2002 was
$390,493.00, while the median household income documented in the 2000 census was $49,898.00. In April and
May of 2004, joint meetings were held with the Town Board and the Village Board of Greenport regarding
affordable housing and the proposed annexation of portions of the Town to the Village. While the Boards
differed in their approach to the issue, all agreed that affordable housing is among the most critical of issues
facing the Town today. There was lengthy public input at the May meeting, with an overwhelming cry for
solutions to the affordable housing shortage.
The Town Board has been making progress towards addressing the affordable housing shortage.
Discussions regarding the issue have dominated work sessions and board meetings for several months. In May
2004, the Town Board passed a resolution (again following a lengthy public hearing where the consensus
showed a need to address the crisis) to create a Housing Fund. The creation of the fund provides the necessary
vehicle through which the Town can obtain funding, create programs and provide other financial opportunities
that will increase housing opportunities for residents of Southold. In late June 2004, the Town Board passed
amendments to the Affordable Housing District (AHD). These amendments provide for perpetual affordability
of homes that are developed under this zoning. At the present time, there are no pending applications to rezone
a property to AHD.
The Special Projects Coordinator has appeared at several work sessions over the past months and
presented information and research regarding inclusionary zoning. This information has been summarized and
prepared in report form for the Town Board in the report mentioned above. Inclusionary zoning has been
implemented in regions throughout the country, and it refers to local ordinances that mandate or encourage
residential developers to include affordable housing units in subdivisions. These programs are most successful
in strong housing markets where land prices have eliminated the construction of aftbrdable housing units, as in
Southold. Mr. Beltz's report illustrates the statistic that in June 2000 there were 21 houses available for sale in
the "under $300,000" range, and in June 2004, there were none. That same week in June 2004 showed the
average price ora home for sale was $797,828.00. Mr. Beltz's report recommends the application ora formula
requiting that 25% of all residential lots in new subdivisions be designated as affordable. The Town Board
expressly adopts this report and recommendations dated July 26, 2004 with the passage of this revised
Subdivision Code. Research has shown that inclusionary zoning formulas throughout the country have ranged
from 10-35% required affordable units in a subdivision. As a result of the clear need, the crisis at hand, and the
shortage of affordable property, the Town Board has imposed this affordable housing requirement to benefit the
community.
Section 2. CODE AMENDMENT.
Chapter Al06 of the Town Code of the Town of Southold is repealed in its entirety and replaced with
the following:
· Chapter Al06
SUBDIVISION OF LAND
ARTICLE I.
General Provisions
§ Al06-1. AuthoriW.
This chapter is enacted pursuant to authority conferred in Article 16 of the Town Law of the State of
New York, the Statutes of Local Governments of the State of New York and the Municipal Home Rule Law of
the State of Nexv York.
§ A106-2. Purpose.
These regulations are promulgated to provide for the orderly growth and coordinated development of the
Town, to protect the comfort, convenience, safety, health and welfare of its people and to insure that the
review and approval of subdivisions is based on the following considerations:
A Preservation of certain lands, including farmland, open space and recreational landscapes.
B Preservation of the rural, cultural and historic character of the Town's hamlets and surrounding
countryside.
C Preservation and protection of the Town's remaining natural environment.
D Encouragement of a range of housing and business opportunities to support socio-economically
diverse communities.
E Promotion of transportation efficiency, intermodal transportation hubs and attractive alternatives to
automobile travel, while preserving the scenic and historic attributes of roadways in the Town.
F Creation of affordable housing opportunities for residents of the Town.
ARTICLE II
Definitions
§ A106-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
AGRICULTURE - The production, keeping or maintenance, for sale or lease of plants and animals useful to
man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy
products; poultry and poultry products; livestock, including beet' cattle, sheep, swine, horses, ponies, mules or
goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees
and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, herbs, vegetables; floral
omamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURE RESERVE AREA - A pamel of land which is set aside in a subdivision in perpetuity for
conservation of agricultural lands and continued use for agriculture.
APPLICANT - Any person, firm, corporation, partnership or association who shall lay out, for the purpose of
sale or development, any subdivision or part thereof, as defined herein, either for himself or others.
BUFFER AREA Portions of a parcel where existing or man-made terrain is used and designed to protect
sensitive, natural and cultural resources including landforms, surface water, habitat, vegetation and aesthetic or
scenic vistas.
BUILDABLE LANDS - The area of a lot or parcel, not including the square footage of tidal and freshwater
wetlands, land seaward of the Coastal Erosion Hazard Area Line, beaches, bluffs, primary dunes, secondary
dunes, underwater lands, land subject to the transfer, sale or extinguishment of development rights and other
restrictions that prevent the use of such land for construction of buildings or other development. The terms
"wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 97 of the
Town Code, Wetlands and Shoreline. The terms "Coastal Erosion Hazard Area Line", "primary dunes" and
"secondary dunes" shall have the meanings set forth in Chapter 37 of the Town Code, Coastal Erosion Hazard
Area.
CLERK OF THE PLANNING BOARD - The individual appointed by the Planning Board to perform, among
other things, the duties set forth in Article 16 of New York State Town Law.
CLEARING Any activity that removes the vegetative ground cover and/or trees including but not limited to,
root mat removal and/or topsoil removal, or ground-disturbance, including grading.
CLUSTER - A subdivision designed in accordance with Article XI of this Chapter, pursuant to the provisions of
New York State Town Law, Section 278.
COMMON DRIVEWAY - A mutual ingress and egress shared by not more than two (2) lots to a public street
or highway, which complies with the Standard Details and Specifications set forth in this chapter.
COMPREHENSIVE PLAN - The materials, written and/or graphic, including but not limited to maps, charts,
studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles,
guidelines, policies, standards, devices and instruments for the immediate and long-range protection,
enhancement, growth and development of the town located outside the limits of any incorporated village.
CONSERVATION -- The protection of natural and man-made features, resources or systems and cultural
features in their natural or existing condition, but with allowance for human use or intervention in an
environmentally sound and nondestructive manner, including the management of wetlands or the use of soils for
agriculture.
CONSERVATION AREAS, PRIMARY - Primary conservation areas shall be comprised of areas consisting of
freshwater and salt~vater wetlands, underwater lands, beaches, lands lying within a 100 year floodplain, slopes
equal to or exceeding 15 percent, areas located seaward of the Coastal Erosion Hazard Line and lands subject to
easements or other restrictions preventing use of such land for construction of buildings or development.
CONSERVATION AREAS, SECONDARY - Secondary Conservation areas shall be comprised of areas
contributing to Open Space, Recreation and Environmental Resources. Areas include all imposed (i.e. scenic)
and jurisdictional buffers (i.e., 100' from wetland boundary), prime farmland, woodlands, aquifer recharge
areas, natural floodplains and drainage patterns, areas containing protected species, significant wildlife habitat
areas, historic, archeological or cultural features listed (or eligible to be listed) on national, state, county or local
registers of inventories, trails and recreational areas, and scenic views into the property from adjacent properties
and existing public roads.
CONSERVATION EASEMENT - A permanent restriction on the use of land for the purpose of preserving or
conserving natural or man-made features, resources or systems, including agficulture~ forest, recreational or
open space uses.
CONSERVATION SUBDIVISION - A subdivision which meets either of the tbllowing two sets of
requirements: (a) at least seventy-five (75) percent of buildable lands will be permanently preserved and
protected from all residential or commercial development by means of the sale, transfer, gift or extinguishment
of development rights, and the inclusion of clustered open space of the permitted yield, and in which density is
reduced by at least seventy-five (75) percent of the permissible density of the subject parcel according to zoning
(a "75/75" conservation subdivision'); or (b) at least eighty (80) percent of buildable lands will be permanently
preserved and protected from all residential or commercial development by means of the sale, transfer, gift or
extinguishment of development rights, and the inclusion of clustered open space of the permitted yield, and in
which density is reduced by at least sixty (60) percent of the permissible density of the subject parcel according
to zoning (an "80/60" conservation subdivision"). Those uses of preserv,ed land permitted by the Town Board
pursuant to legislation shall be permitted. For the purposes of this Chapter, commercial development shall not
be interpreted to mean land used in agricultural production as defined in Chapter 25 of this Code.
CROSSWALK - A right-of-way dedicated to public use, ten (10) feet or more in width, which facilitates
pedestrian access to adjacent streets and properties.
CUL-DE-SAC (COURT) The turnaround at the end of a dead-end street.
CULTURAL FEATURES - Paleontological and archaeological remains; historic buildings, structures or sites,
trails, and agricultural fields.
DRAINAGE RIGHT-OF-WAY - The lands required for the installation of storm water recharge basins or
drainage ditches, or required along a natural stream or watercourse for preserving the existing channel and
providing for the flow of rainwater into it in order to safeguard the public against damage by flooding.
EASEMENT - A permanent restriction on, or grant to permit, the passive or active use of the land for a specific
purpose or purposes.
ENGINEER-- The duly designated engineer or engineering inspector of the Town Engineering Office of the
Town of Southold.
EXISTING RESOURCE AND SITE ANALYSIS PLAN (ERSAP) - An analysis conducted in accordance with
§A 106-11 of this Chapter.
FINAL PLAT A map to be filed with the Planning Board and County Clerk showing the final arrangement of
lots, blocks, streets, drainage and other anticipated improvements, parks, open space or agriculture reserve areas
shown on the subdivision, if any.
FINAL PLAT APPROVAL -- The approval by Planning Board resolution and the signing of a final plat by a
duly authorized officer of the Planning Board.
GRADING - A redistribution of soil or rock to effect a change in topography, elevation or natural grade.
FLOOD PLAIN OR FLOOD PRONE AREA - Any area identified by Chapter 46 of the Town Code, Flood
Damage Prevention.
LOT The unit or units into which land is divided, either as undeveloped or developed sites.
LOT LINE MODIFICATION - See definition of"Re-subdivision".
NATURAL BUFFER - A naturally vegetated area along the boundaries of a subdivision, lot or parcel.
NATURAL FEATURES, RESOURCES OR SYSTEMS - All components of the natural environment,
including, without limitation, water bodies, drainage courses, freshwater and tidal wetlands, dunes, bluffs,
beaches, woodlands, shrublands, grasslands, large trees, glacial erratics, unique or unusual plants and trees,
wildlife habitat and scenic views or overlook areas, significant or prime agricultural soils and all combinations
thereof.
OFFICIAL MAP -- The map established by the Town Board pursuant to law, showing streets, highways,
drainage rights-of-way, park areas, both existing and proposed.
OPEN DEVELOPMENT AREA - An area or areas established by the Town Board pursuant to §280-a of the
New York State Town Law.
PARK DEDICATION - A dedication or reservation of land in a subdivision for active or passive park
purposes, exclusive of lands to be used for drainage recharge.
PARK AND RECREATION FEE Money paid in lieu of a park dedication to the Toxvn of Southold Park and
Recreation Fund for use in the acquisition or capital improvement of Town parks and recreation facilities.
PERFORMANCE BOND - A bond executed by the owner with security acceptable to the Town Board to
insure the completion of the required public improvements in accordance with an estimate approved by the
Office of the Town Engineering office.
PLANNING BOARD or BOARD The Planning Board of the Town of Southold, Suffolk County, New York.
PRELIMINARY PLAT The map prepared prior to the final plat for the guidance of the Applicant and the
Planning Board, in the manner prescribed by these regulations, showing the arrangement of lots, blocks, streets,
drainage, and other anticipated improvements, parks, open space or agriculture reserve areas shown on the
subdivision.
PRESERVATION -- The protection of natural and man-made features, resources or systems and cultural
features in their natural or existing condition for restrictive and non-consumptive usc.
RECREATION, ACTIVE - Recreational use of land requiring its substantial improvement including but not
limited to playing fields, tennis courts, swimming pools and the like.
RECREATION, PASSIVE -- Recreational use of land requiring little or no improvement, including but not
limited to a trail.
RE-SUBDIVISION - A subdivision of property which involves redrawing the original lot lines to combine lots
for building purposes where no lot has been developed or the further division or alteration of lot lines or
dimensions of any lots or sites shown on a plat previously approved and filed in the Office of the Suffolk
County Clerk.
SEQRA - The Nexv York State Environmental Quality Review Act and its implementing regulations.
STANDARD SUBDIVISION Any subdivision of land which is not classified as a Conservation Subdivision.
STREET OR RIGHT-OF-WAY WIDTH The distance between property lines, measured at right angles to the
center line of the street used to pro~e vehicular access to a lot or parcel.
STREET, COLLECTOR - A street or highway which serves or is intended to serve as a major collector road
within the Town and which provides access to State Road 25 and County Route 48 from local streets.
STREET, ARTERIAL - A main street or highway carrying a high proportion of the traffic within the Town of
Southold, and including State Route 25 and County Route 48.
STREET, LOCAL - A local street or road xvhich serves or is intended to serve as the primary means within
neighborhoods and subdivisions and which is the main means of access to a Collector or Arterial street.
SUBDIVISION - The division of any tract or parcel of land into two (2) or more lots, whether or not such
division creates new streets or extends existing streets. Subdivision shall also include a re-subdivision.
TRAIL - A path, walk or way which may be on the ground or elevated on a board or catwalk and may be used
fbr hiking, walking, horseback riding or other similar recreational pursuit but excluding motorized vehicles.
This shall include existing trails as well as trails created pursuant to this chapter.
YIELD - The number of lots into which a tract, parcel or lot of land may be lawfully divided.
ARTICLE III
General Subdivision Requirements, Classification
§ A106-4. General Requirements.
Any subdivision within the Town of Southold must:
Demonstrate conformance with the various parts of the Comprehensive Plan, adopted addendum, plans
and studies, the Town Code and the Official Map.
2
Achieve a desirable relationship to the general land form, its aesthetic character, topographic and
geologic character, to natural drainage, to the recharge of the groundwater reservoir and to floodplain
and ecological concerns; including provisions for the treatment and containment of surface water runoff.
Demonstrate such character that it can be used safely tbr building purposes without danger to health or
peril from fire or flood or other menace.
4 Demonstrate such character that it is not a menace to neighboring properties or the public health, safety
and welfare.
5
Provide desirable standards of design for pedestrian and vehicular traffic, surface water runoff, utility
services and building sites for the land use contemplated. All proposed lots shall be so laid out and of
such size as to be in harmony with the development pattern of the neighboring properties.
6 Include flexible design to promote the planning objectives of the Comprehensive Plan, to realize
development and maintenance economies and to provide for a variety of housing types.
7 Provide for facilities associated with the contemplated use, including, but not limited to, parks,
recreation areas, school sites, firehouses, fire wells and off-street parking.
8
beaches, dune lands, steep slopes, bluffs, prime agricultural soils, flora, fauna, general scenic beauty,
archeological and historic features of the Town.
9
Provide streets of sufficient width, grade and location to accorarnodate the prospective traffic, to afford
adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to
buildings, and to promote a pedestrian based transit system.
10
Protect and preserve the ecologic function and health of creeks, the Peconic Bay Estuary, the Long
Island Sound and all tributaries to them including all tidal and freshwater wetlands.
§ A106-5. Subdivision Classifications.
A. Applicants may submit the following types of applications for consideration by the Planning Board: 1. Standard Subdivision.
2. Conservation Subdivision.
B. Each subdivision shall conform to the applicable provisions of Article 16 of Town Law and this
Chapter.
C. Applicants are encouraged to request a pre-submission conference to review the requirements and
proposed application.
ARTICLE IV.
General Procedure, Submission Requirements, Fees
§ A106-6. General Procedure.
A. Each application to the Southold Town Planning Board for approval of a subdivision of land shall be
submitted and reviewed in the following stages, except as indicated:
1. Sketch plat review.
2. Preliminary plat review (Standard subdivisions only).
3. Final plat review.
No application for a review or approval under this chapter shall be deemed to be complete unless all fees
therefore have been remitted to the Planning Board and the application complies with the provisions of
this chapter, the Town Code, and all other applicable requirements.
No constmctiom improvement, grading or clearing of land or other disturbance of existing conditions
shall be commenced or undertaken on land for which an application has been filed pursuant to this
Chapter until final approval of the application has been granted, except as expressly provided herein.
D. Nothing herein shall prevent an applicant from preserving land or reducing density to a greater extent
than set forth by the minimum requirements set forth in this chapter.
§ A106-7. Submission Requirements.
Every application for subdivision shall include the following items during the review process indicated:
A Standard Subdivision
Sketch Plat Review
(a) Sketch Plan Application Form;
(b) Fee;
(c) Long Environmental Assessment Form;
(d) Existing Resources and Site Analysis Plan [ERSAP];
(e) Yield Plan;
(t) Primary and Secondary Conservation Area Plan;
(g) Coastal Assessment Form (as applicable).
2
Preliminary Plat Review
(a) Preliminary Plat Application Form;
(b) Fee;
(c) Preliminary Plat;
(d) Draft Road and Drainage Plan.
Final Plat Review
(a) Final Plat Application Form;
(b) Fee;
(c) Final Plat;
(d) Final Road and Drainage Plan and Performance Bond Estimate.
B Conservation Subdivision
Sketch Plat Review
(a) Sketch Plat Application Form;
(b) Fee;
(c) Long Environmental Assessment Form;
(d) Existing Resources and Site Analysis Plan(s) [ERSAP];
(e) Yield Calculation.
(f) Primary and Secondary Consel~,ation Area Plan.
(g) Coastal Assessment Form (as applicable).
Final Plat Review or Open Development Area [ODA]
(a) Final Application Form;
(b) Final Plat (not applicable for an ODA);
(c) Road and Drainage Plan and Performance Bond Estimate (not applicable for an ODA);
(d) ODA Map (ODA only).
§ A106-8. Fees.
Fees may be charged for review of sketch, preliminary and final plats and related administrative
activities. Such fees shall be paid upon submission of the application.
B. Fee, Schedule, Applications
Subdivision Classification
Application Fee Fee Per Buildable Lot
Standard Subdivision
Sketch Plat $ 1000. $750.
Preliminary Plat $ 1000.
Final Plat $ 500.
Conservation Subdivision
Sketch & Final Plat
Sketch & Open Development Map
Creation of Lot within ODA Map
Lot Line Application
$ 500. $350.
$ 500.
$350.
$ 500.
Environmental Review Fees. The Planning Board may charge the Applicant appropriate fees to cover
the cost of required environmental review, as permitted by the State Environmental Quality Review Act
(SEQRA).
§ A106-9. (Reserved)
ARTICLE V
Sketch Plat Review
§ Al06-10. Submission.
The Applicant shall submit to the Plamfing Board twelve (12) copies of the sketch plat and other
required materials, along with the required fee. The Planning Department staff shall conduct a site
inspection upon receipt of an application.
Upon request, the Applicant shall meet xvith the Planning Department staff to discuss the objectives and
applicability of these regulations inclusive of, but not limited to, the requirements for street
improvements, drainage, sewerage, water supply, fire protection and other similar aspects as well as the
availability of existing services and other pertinent information.
§ Al06-11. Technical Requirements.
A Sketch Plat shall be prepared at a scale of 1" = 100' and shall include the following:
A. Existing Resources and Site Analysis Plan(s) (ERSAP).
l. Purpose. The purpose of the Existing Resources and Site Analysis Plan(s) (ERSAP) is to provide the
Applicant and the Planning Board with a comprehensive analysis of existing conditions, both on the
proposed development site and within 500 feet of the site. Conditions beyond the pamel boundaries
may be described on the basis of existing published data available from governmental agencies, and
from aerial photographs.
2. Review. The Planning Board shall review the ERSAP to determine its accuracy and completeness,
and may request additional information necessary to comply with this section.
3. Exceptions. The Planning Board reserves the right to waive one or more of the ERSAP information
requirements set forth herein for Conservation Subdivisions.
4. Preparation. The ERSAP must be prepared by a licensed New York State Licensed Surveyor,
Architect and/or Engineer.
5. Scale. Unless otherwise specified by the Planning Board, an ERSAP shall be prepared at the scale
of 1 "= 100', with a key explaining information and symbols on the plat.
6. The following information shall be included on the ERSAP:
a. All existing structures.
b. Topography, the contour lines of which shall be at five-foot intervals, determined by photo-
grammetry (although ten (10)-foot intervals are permissible beyond the parcel boundaries,
interpolated fi.om published U.S. Geological Service "USGS" maps).
i. Slopes equal to or greater than fifteen (15) percent shall be clearly indicated.
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c. Water resources:
i. Wetlands pursuant to the Freshwater Wetlands Act, Environmental Conservation Law
("ECL") §24-0101, et. seq., the Tidal Wetlands Act, (EC[.) §25-0101, et. Seq., and
Chapter 97 "Wetlands and Shoreline" of the Code of the Town Of Southold.
ii. Sole Source Aquifers and/or Aquifer Recharge Areas.
iii. Municipal water supply watershed areas.
d. Flood-prone areas as shown on Federal Emergency Management Agency (FEMA)
e. Maps and other information pursuant to Chapter 46 of the Town Code (Flood Damage
Prevention).
fi Areas legally protected by the County of Suffolk, the Town of Southold, private trusts,
qualified conservation organizations or other entities or agencies as shown on the Town of
Southold Protected Lands Map, including all abutting parcels.
g. Vegetative types described by plant community, relative age and condition on the property
according to:
i. General cover type including cultivated land, permanent grass land, old field,
hedgerow, woodland and wetland.
ii. Isolated significant trees with a diameter breast height (DBH) in excess of eighteen
(18) inches, the actual canopy line of existing trees and woodlands.
h. Soil series, types and phases, as mapped by the U.S. Department of Aghculture, Natural
Resources Conservation Service in the Suffolk County Soil Survey, and accompanying data
published for each soil relating to its suitability for agriculture and construction (and, in un-
sewered areas, for septic suitability).
i. Top of bluff lines identified and delineated together with the Coastal Erosion Hazard Area
Line pursuant to Chapter 37 of the Town Code (Coastal Erosion Hazard Area).
j. Scenic Viewsheds and Special Features:
i. Sites bordering designated State, County or Town Scenic Byways and Corridors,
"special features" identified in the Town's Comprehensive Plan and all subsequent
updates.
ii. A viewshed analysis showing the location and extent of views into the property from
public lands, roads and from public parks, public forests, and state game lands.
k. Locations and dimensions of all existing public and private streets, roads, buildings, utilities
and other man-made improvements.
1. Locations of all archeological and historically significant sites or structures of national, state
or local significance on the tract or on any abutting tract.
m. Locations of trails in current use or of historic use (pedestrian, equestrian, bicycle, etc.) or
those proposed on the Town of Southold Trail map.
n. All easements and other encumbrances affecting the parcel filed with the Suffolk County
Clerk's Office.
o. Agricultural lands:
i. kocation and delineation of any active agriculture operation, active farmland within a
New York State certified Agricultural District, lands within 2,000 feet of a New York
State certified Agricultural District, or soils classified and mapped as Suffolk County
and State Prime Farmland Mapping Units, of the New York State Soil Classification
System or areas legally protected by the County of Suffolk, the Town of Southold,
private trusts or other entities or agencies.
ii. Areas identified in the Southold Town Farm and Farmland Protection Strategy 2000
and in the most current version of the Southold Town Farmland Inventory.
p. Location of community water and/or sewer; whether available or planned.
q. Critical Environmental Areas: Lands within or contiguous to a Critical Enviromnental Area
designated pursuant to Article 8 of the Environmental Conservation [.aw.
r. Significant natural areas and features:
11
i. Areas with--endangered and threatened vegetation.
ii. Significant habitats, or habitats of endangered, threatened or special concern species
as determined by the New York Department of Environmental Conservation (Natural
Heritage Program);
iii. Mature forests over 100 years old:
iv. Locally important vegetation;
v. Unique natural or geological formations based on available published information or
more detailed data obtained by the Applicant.
Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites
designated in the Town's Comprehensive Plan and updates to it.
If the application applies to real property within five hundred feet of any of the following, the
location of:
i. the boundary of any city, village or town;
ii. the boundary of any existing or proposed county or state
park or other recreation area;
iii. the right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway;
iv. the existing or proposed right-of-way of any stream or
drainage channel owned by the county or for which the
county has established channel lines; or
v. the existing or proposed boundary of any county or state
owned land on which a public building or institution is
situated.
vi. existing airport, airbase or airstrip.
B. Yield Plan
1. Purpose. The purpose of the yield plan is to determine the allowable density.
2. Standard Subdivision. A yield plan shall be prepared for a standard subdivision in accordance with
the requirements of this section and shall include a requirement to provide affordable housing.
a. Density - The permitted number of dwelling units shall not exceed the
number of units that, in the Planning Board's judgment, would be permitted if the land were
subdivided into lots conforming to the minimum lot size and density requirements of this
chapter applicable to the zoning district (or districts) in which such land is situated and
conforming to all other requirements of the Town Code.
b. Total lot yield shall be determined on buildable lands only. Subdivision design shall exclude
the following features, unless applicant shall have obtained a permit from all relevant
regulating authorities approving the applicant's right to place residential structures in the
subject areas:
i. All underwater lands.
ii. Tidal wetlands or freshwater wetlands, as defined in state and local regulations.
iii. Bluffs, primary dunes and secondary dunes.
iv. Beaches below mean high water, as defined by the United States Coast and Geodetic
Survey or latest Tidal Wetlands Sur,'ey, and any beach or area lying between this line
and the Coastal Erosion Hazard Line.
v. Areas required for park dedication pursuant to this Chapter.
vi. Areas required for recharge basins or for natural area recharge.
vii. Areas required for public or private right-of-ways.
viii. Areas required for utilities or public facilities, except that minor utility easements of
direct setMce to the subdivision may be included.
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Areas for ~ich the development tights have been~sferred, sold or extinguished.
Areas which the Planning Board shall determine to be of such character that they
cannot be used safely for building purposes without danger to health or peril from
fire, flood, drainage or other menace to neighboring properties or the public health,
safety and welfare.
Affordable Housing Requirement. Every new standard residential subdivision involving the
creation of five (5) or more lots shall comply with the requirements herein to provide
affordable housing.
i. Twenty-five percent (25%) of the lot yield as determined pursuant to §Al06-1 lB.2 a.
and b. shall be set aside as Moderate Income Family Dwelling Units (MIFDU), as
defined, created and administered under the provisions of the Affordable Housing
District, § 100-50 through § 100-59 of this Code. Each MIFDU shall be created subject
to covenants and restrictions as set forth at § 100-56 or through another mechanism
approved by the Town Board that will keep units perpetually affordable. The Number
of MIFDU units required in a subdivision shall be rounded up to the next whole
number.
ii. In satisfaction of the requirement to create twenty-five (25%)
MIFDU units, the Standard Subdivision applicant shall be
required to construct no less than ten percent (10%)of the total
yield as MIFDU units in the subdivision. All subdivisions shall
have at least one constructed MIFDU unit within the
subdivision. The remaining required units shall be provided by
the applicant in any of the following ways:
a. The applicant may construct dwelling units in the subdivision equal in number to
the remaining percentage, thereby providing a total of twenty five percent (25%)
of the yield of the subdivision as M IFDU units. If this option is chosen, the
applicant will receive an increased density of one additional lot per MIFDU lot
created in excess often pement (10%) under this option. The additional lots shall
be built in the subdivision and shall be MIFDU units. For each additional lot
created as part of the increased density pursuant to this option, the developer shall
pay a sum representing the cost of development rights equal to the number of
additional units created. This sum shall be set annually by Town Board resolution
and shall be based on the average cost of development rights purchased by the
Town in the previous year. The resolution in effect at the time of the preliminary
plat heating shall determine the sum to be paid under this section. This amount
shall be paid to the Community Preservation Fund to be used according to the
terms of the fund. Alternatively, in lieu of payment, the developer may extinguish
an equivalent number of development rights on another parcel in Town, in a form
approved by the Town Attorney.
b. The applicant shall pay a sum to the Town of Southold Housing Fund. The sum
shall be based on the number of required MIFDU lots not constructed in the
subdivision. The per unit sum shall be set annually by resolution of the Town
Board and shall consider factors such as the average cost of building lots and
costs of construction in the Town of Southold.
c. The applicant may provide property with development rights equal to the number
of the required MIFDU units not constructed in the subdivision, to the Town of
Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of
Southold Town, or other similar organization approved by the Town Board for the
sole purpose of developing affordable housing on the site. The property must be
acceptable to the recipient as a viable site for affordable housing development,
13
and p'~of of same must be provided to the Plal~ng Board during preliminary plat
review.
If option (b) or (c) are chosen, the applicant may build any remaining allowed lots
in the subdivision, and they shall not be required to be MIFDU units.
d. Yield must be further determined in consideration of the ERSAP.
Conservation Subdivision. For all conservation subdivisions, one of the following formulas shall be
used to calculate yield.
a. 75/75 Conservation Subdivision
Buildable Lands + Minimum Lot Area of Zoning District = Yield on Entire Parcel
Yield on Entire Parcel x 25% = Yield on Developable Area
Total Buildable Lands x Percentage of Buildable Lands not permanently preserved (up to
25 percent) = Developable Area
b. 80/60 Conservation Subdivision
Buildable Lands + Minimum Lot Area of Zoning District = Yield on Entire Parcel
Yield on Entire Parccl x 40% = Yield on Developable Area
Total Buildable Lands x Percentage of Buildable Lands not permanently preserved (up to
20 percent) = Developable Area
C. Primary and Secondary Conselwation Area Plan. All subdivisions shall be created in accordance with
the Primary and Secondary Conservation Area Design Process described in this section. All sketch
plans shall include the documentation set forth below.
1. Primary and secondary conservation areas as defined in §A 106-3 shall be identified using Existing
Resources and Site Analysis Plan(s) (ERSAP) as a base map.
Location of House Sites. Using the information from C. 1. above, the yield as determined pursuant to
this Chapter, the base map and the ERSAP, potential house sites shall be located. House sites should
generally be located not closer than I00 feet to Primary Conservation Areas and 50 feet to
Secondary Conservation Areas, taking into consideration the potential negative impacts of
residential development on such areas as well as the potential positive benefits of such locations to
provide attractive views and visual settings for residences.
Alignment of Streets and Trails.
a. A street plan shall be designed to provide access to each house, complying with the standards
identified herein and bearing a logical relationship to topographic conditions. Impacts on
proposed open space shall be minimized, particularly with respect to crossing
environmentally sensitive areas such as wetlands and traversing slopes equal to or exceeding
fifteen (15) percent. Existing and future street connections may be required in order to
eliminate the number of new cul-de-sacs to be maintained by the Town and to facilitate
access to and from homes in different parts of the tract and adjoining parcels.
b. The potential location of recreational and off-road walking trails shall also be noted.
14
4. Location of Lots. "Bubble" lines shall denote the proposed locations.
D. Cluster Design. The design of a cluster subdivision plat shall be pursuant to the requirements of Article
XI herein, if applicable.
E. Site Context Map: A map showing the location of the proposed subdivision within its neighborhood
context shall be submitted. For all sites, such maps shall be at a scale of l "= 100', and shall show the
relationship of the subject property to natural and man-made features existing within five-hundred (500)
feet of the site. The features that shall be shown on Site Context Maps include topography (from USGS
maps), State and/or Federal wetlands, woodlands over one-half acre in area (from aerial photographs),
public roads and trails, utility easements and fights of way, public land, and protected lands.
F. Field Survey: A field survey of the boundary lines of the parcel with descriptive data by bearings and
distances, made and certified by a licensed land surveyor. The comers of tract shall also be located on
the ground and marked by substantial monuments of such size and type as approved by the Town
Engineering office, and shall be referenced and shown on the Sketch Plat pursuant to § A- 106-( 11 )I.
G. Proposed name of the subdivision: (The proposed name shall not duplicate any plat previously filed.)
H. Ownership
1.
2.
and Licensed Professional Information.
Name and address of legal owner of the property.
Name and address, including telephone number of the design professional, Architect or
Engineer responsible for subdivision design, and the design of public improvements.
Name and address, including telephone number of the Surveyor responsible for mapping and
laying out the site.
Description I. North arrow showing true north.
2. Tax map section, block and lot numbers.
3. Distance to the nearest existing, or platted streets, street intersections, or other public ways
within or immediately adjacent to the tract.
4. All utilities available and/or proposed including easements therefore, and all streets which
are either existing, proposed, or shown on the Official Map, if any.
5. Zoning district, including exact boundary lines of district, if more than one district, and any
proposed changes in the Zoning District lines and/or the Chapter 100 requirements applicable
to the subdivision.
6. Name of any subdivisions immediately adjacent to the parcel and the name of the owners of
record of all adjacent property.
Existing Easements, Covenants and/or Restrictions: Liber & Page Number and text(s) for all existing
easements and a copy of the proposed restrictions on the use of the land, including easements and/or
covenants.
K. Existing Improvements.
1. Location of any existing drainage systems, sewer lines, septic systems, water mains and
lines, wells, culverts and drains on the property, with pipe sizes, grades and direction of flow.
2. Width and location of any streets or public ways or places shown on the Official Map or
Master Plan, and any updates to it, if such exists, within the proposed subdivision, and the
width, location, grades and street profiles of all proposed streets or public ways.
3.Location and size of any existing fire control structures, fire hydrants and wells.
15
L. Calculations: The area of the parcel to be set aside for cluster and/or preservation purposes, and the area
to be developed shall be calculated and set tbrth in a table format.
§ A106-12. Review of Sketch Plat.
The Planning Board shall study the practicability of the sketch plat, considering
the requirements of this Chapter, including identified primary and secondary conservation areas. 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, storm water drainage, erosion and sediment control, lot sizes and
arrangement, the future development of adjoining lands not yet subdivided, current zoning regulations, and the
comprehensive plan.
§ A106-13. Coordination with Other Agencies.
Prior to granting sketch plat approval, the Planning Board may seek comment from any Town Board
appointed Committee or outside agency, including the Suffolk County Planning Commission, on any
active application. Committee input must be received by the Planning Board no more than thirty (30)
days from the date of receipt by the reviewing Committee, except in the case of input from the Suffolk
County Planning Commission, which may be received no more than forty-five(45) days from the day of
receipt by the reviewing committee.
Referrals to the Suffolk County Planning Commission shall be done in accordance with Article 12-B of
the General Municipal Law, and the Agreement between Suffolk County and the Town of Southold, on
the form entitled "County Zoning Referral."
§ A106-14. Action on Sketch Plat; Decision.
The Planning Board shall take action on the sketch plat application at a scheduled meeting of the
Planning Board. The Applicant and the public in attendance shall have the opportunity to be heard.
A public hearing pursuant to Chapter 58 of this Code shall be held for sketch plat approval of an Open
Development Area subdivision.
C. The Planning Board shall determine the following:
I. Whether the submission complies with applicable standards, policies, regulations and laws;
2. Whether there are any recommendations by the Board which should be incorporated into a
preliminary plat application, (standard subdMsion); or either a final plat application or an open
development area application (conservation subdivision);
3. Any other relevant comment relating to the proposed subdivision.
The Planning Board shall, by resolution, approve or conditionally approve, with or without
modifications, or disapprove the proposed sketch plat.
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. No
further Planning Board action will be taken after such expiration until a new sketch plan application has
been submitted.
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§ A106-15. Expiration.
The determination by the Planning Board shall be valid for a period of six months
from the date of issuance, unless extended by resolution of the Planning Board.
§A 106-16. (Reserved)
§A 106-17. (Reserved)
ARTICLE VI
Preliminary Plat Revie~v
§ A106-18. Waiver, Preliminary Plat Review.
If an Applicant submits a Conservation Subdivision application, the preliminary plat approval
requirement is waived and the Applicant shall proceed directly to final approval process described in Article VII
of this Chapter.
§ A106-19. Submission.
The preliminary plat and the supporting documents for a proposed subdivision constitute materials to be
submitted to the Planning Board for preliminary approval. The preliminary layout shall show the general
design of the subdivision so that the Planning Board can indicate its approval or disapproval prior to the
time that any work toward the final design submission is started. Approval of the preliminary layout
does not constitute an approval of the final plat, not shall it be considered a valid basis for the
construction of the required improvements or for other commitments which depend upon its design
characteristics.
Within six (6) months after the sketch plan approval, or any extension thereof, the Applicant shall
submit twelve (12) copies of the preliminary plat review application, preliminary plat and other required
materials, along with the required fee.
§ A106-20. Technical Requirements.
A preliminary plat shall be prepared by a licensed land surveyor or engineer, at a scale of 1"=100' and
shall include information shown on the approved Sketch Plat including:
1. Proposed layout.
2. Name of the subdivision.
3. Name of property owner.
Name, address and telephone number of New York State licensed engineer or surveyor preparing the
preliminary plat.
Description
a. North arroxv showing true north.
b. Tax map section, block and lot numbers.
c. Distance to the nearest existing, or platted streets, street intersections, or other public ways within
or immediately adjacent to the tract.
17
d. All utilities, availablL~nd/or proposed, including easements tl~Yefore, and all streets which are
either existing, proposed, or shown on the Official Map, if any.
e. Zoning district, including exact boundary lines of district, if more than one district, and any
proposed changes in the Zoning District lines and/or the requirements of Chapter 100 applicable
to the subdivision.
f. Name of any subdivisions imanediately adjacent to the parcel and the name of the owners of
record of all adjacent property.
g. Land areas proposed to be dedicated to public use and the conditions of such dedication.
h. Key Map.
Existing Easements, Covenants and/or Restrictions, including liber and page number.
Existing and Proposed Improvements.
a. Location of any existing sewers, water mains, culverts and drains on the property, with pipe sizes,
grades and direction of flow.
b. Width and location of any streets or public ways or places shown on the Official Map or Master
Plan, if such exists, within the area to be subdivided, and the width, location, grades and street
profiles of all streets or public ways proposed by the Applicant.
c. Approximate location and size of any proposed water lines, valves, hydrants and sewer lines, and
fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage
disposal and treatment as provided in the Public Health Law or Environmental Conservation
Law. Pm files of all proposed water and sewer lines.
d. Storm drainage plan showing the approximate location and size of proposed lines m~d their
profiles. Connection to existing lines or alternate means of disposal.
e. Plans and cross-sections showing the proposed location and type of any sidewalks, street lighting
standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and
type thereof; the character, width and depth of pavements and sub-base~ the location of
manholes, basins and underground conduits.
f. Preliminary designs of any bridges or culverts which may be required.
8. Preliminary Road and Drainage Plan. The developer shall submit six (6) copies of the Road and
Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed
or required to indicate the proposed construction and/or development.
a. Road and Drainage Plans shall show all metes and bounds descriptions indicating street and
drainage areas as well as the size and type of road systems pursuant to Chapter A-108, Highway
Specifications, of the Code.
b. Where indicated or required, Road and Drainage Plans shall include but not be limited to the
following:
i. Metes and bounds descriptions of all building lots indicating lot areas, proposed building
envelopes and scenic buffer areas.
ii. Utilities - indicate size and location of all below grade utilities including proposed water
mains, electrical conduit and transformer pads.
iii. Fire Wells or Fire Hydrants.
iv. The limits of all Tidal and Freshwater Wetlands within one hundred (100) feet of the proposed
development.
v. Topographical contours at an interval that will accurately depict the slope and contour of the
site.
vi. Road profiles and typical cross-sections.
vii. Drainage calculations and design indication all drainage structures and piping.
viii. Test hole and boring data.
ix. All existing and proposed easements indicating width, area and purpose.
x. Concrete Survey Monuments.
18
xi. Curbing.
xii. Sidewalks.
xiii. Street Lights.
xiv. Street Trees, including size, type and specifications fbr placement.
xv. Street Signs, indicating type and location.
§ A106-21. Environmental Revie~v.
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act
(SEQRA) and its implementing regulations. A preliminary plat application shall not be considered
complete until a negative declaration has been filed or until a notice of completion of the draft
environmental impact statement has been filed in accordance with the provisions of SEQRA. The time
periods for review of a preliminary plat shall begin upon filing of such negative declaration or such
notice of completion.
§ A106-22. Action on Preliminary Plat.
The Planning Board shall study the practicability of the preliminary plat, considering the requirements of
this Chapter, including identified primary and secondary conservation areas. 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, storm water drainage, erosion and sediment control, lot sizes and
arrangement, the future development of adjoining lands not yet subdivided, current zoning regulations,
and the comprehensive plan.
The Town Superintendent of Highways and the Town Engineering Office will review all aspects of the
proposed subdivision, perform a field check, and submit reports to the Planning Board with their
recommendations prior to the close of the environmental review period, if any.
A. Planning Board As Lead Agency Under the State Environmental Quality Review Act: Public Hearing:
Notice: Decision
Public Hearing on Preliminary Plats - The time within which the Planning Board shall hold a public
hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act as follows:
If such board determines that the preparation of an environmental impact statement on the
preliminary plat is not required, the public hearing on such plat shall be held within 62 days
after receipt of a complete preliminary plat by the Clerk of the Plmming Board, or
If the Planning Board determines that an environmental impact statement is required, and a
public hearing on the draft environmental impact statement is held, the public hearing on the
preliminary plat and the draft environmental impact statement shall be held jointly within 62
days after the filing of the notice of completion of such draft environmental impact statement
in accordance with the provisions of the State Environmental Quality Review Act. if no
public hearing is held on the draft environmental impact statement, a public hearing on the
preliminary plat shall be held within 62 days of filing the notice of completion.
2. Public Hearing; Notice, Length - The hearing on the preliminary plat shall be advertised at least once
in the official newspaper so designated by the Town Board at least five days before such hearing if
no hearing is held on the draft environmental impact statement, or fourteen days before a hearing
held jointly therewith. Notice shall be provided pursuant to Chapter 58. The Applicant shall notify
all adjoining property owners at least ten (10) days prior to the public hearing by certified mail and
19
shall file with the Boarl~an affidavit showing the names and ad~Esses of those so notified, the Tax
Map numbers and their respective properties and the date of mailing of the required notices
Applicant shall erect a sign provided by the Planning Board. which shall be prominently displayed
on the premises facing each public or private street which the property involved in the application
abuts, giving notice of the application, the nature of the approval sought thereby and the time and
place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the
property line, shall not be less than two (2) feet nor more then six (6) feet above the grade at the
street line. The sign shall be displayed for a period of not less than ten (10) days immediately
preceding the date of the public hearing date or any date to which the hearing may be adjourned.
The Applicant shall file an affidavit that he has complied with this provision. The Planning Board
may provide that the hearing be further advertised in such manner as it deems most appropriate for
full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within one hundred twenty days after it has been opened.
3. Decision - The Planning Board shall approve, with or without modification, or disapprove such
preliminary plat as follows:
If the Planning Board determines that the preparation of an environmental impact statement
on the preliminary plat is not required, the Planning Board shall make its decision within
sixty-two days after the close of the public hearing, or
If the Planning Board determines that an environmental impact statement is required, and a
public heating is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within forty-five days following the close of such public
heating in accordance with the provisions of the State Environn~ental Quality Review Act. If
no public hearing is held on the draft environmental impact statement, the final
environmental impact statement shall be filed within tbrty-five days following the close of
the public hearing on the preliminary plat. Within thirty days of the filing of such final
environmental impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary plat.
4. Grounds For Decision - The grounds for a modification, if any, or the grounds for disapproval shall
be stated upon the records of the Planning Board. 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.
B. Planning Board Not As Lead Agency Under The State Environmental Quality Review Act: Public
Hearing; Decision
Public Hearing On Preliminary Plats - The Planning Board shall, with the agreement of the lead
agency, hold the public hearing on the preliminary plat jointly with their lead agency's hearing on
the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the
public hearing on thc preliminary plat within sixty-two days after receipt of a complete preliminary
plat by the Clerk of the Planning Board.
Public Hearing; Notice, Length - The hearing on the preliminary plat shall be advertised at least once
in a newspaper of general circulation in the town at least five days before such hearing is held
independently of the hearing on the draft environmental impact statement, or fourteen days before a
hearing held jointly therewith. Notice shall be provided pursuant to Chapter 58 and as set forth
above in §A106-22A.2. The Planning Board may provide that the hearing be further advertised in
such manner as it deems most appropriate for full public consideration of such preliminary plat. The
hearing on the preliminary plat shall be closed upon motion of the Planning Board within one
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hundred twenty days aftl~tt has been opened.
Decision - The Planning Board shall by resolution approve with or without modification or
disapprove the preliminary plat within sixty-two days after the close of the public hearing on such
preliminary plat.
If the preparation of an environmental impact statement on the preliminary plat is not
required, the Planning Board shall make its decision within sixty-two days after the close of
the public hearing on the preliminary plat.
If an environmental impact statement is required, the Planning Board shall make its own
findings and its decision on the preliminary plat within sixty-two days after the close of the
public hearing on such preliminary plat or within thirty days of the adoption of findings by
the lead agency, whichever period is longer.
Grounds For Decision - The grounds for a modification, if any, or the grounds for disapproval shall
be stated upon the records of the Planning Board. 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.
Extension of time. Notwithstanding the foregoing provisions, the time in which the Planning Board
must take action on the preliminary plat may be extended by mutual agreement between the Applicant
and the Planning Board.
D. Filing and Certification.
Filing of Decision. Within five (5) business days of the adoption of the Planning Board resolution
stating the decision on the preliminary plat, the Clerk of the Planning Board shall cause a copy of
such resolution to be filed in the office of the Town Clerk.
Certification of Decision. Within five (5) business days of the adoption of the resolution granting
approval of the preliminary plat, such plat shall be certified as having been granted preliminary
approval by the Clerk of the Planning Board, and a copy of the plat and resolution shall be filed in
the Planning Board office and a certified copy of the resolution mailed to the owner.
E. Expiration of preliminary approval; Revocation
Preliminary plat approval shall expire six (6) months from the date the Planning Board shall have
adopted its resolution of approval, unless extended by further resolution of the Planning Board, such
extension not to exceed a total of 180 days. Such extension shall be granted only if the pre-
submission fully conforms to the zoning regulations in effect at the time such extension is applied
for.
In the event that the applicant shall fail to apply for approval of a final subdivision plat prior to
expiration of the preliminary approval, all documents required by this section shall be resubmitted
and a second preliminary filing fee shall be paid before any application fbr final plat approval shall
be accepted or processed.
§A106-23. (Reserved)
ARTICLE VII
Final Plat Review
21
§ A106-24. Submission.
In order to obtain final plat approval the following applies; however, a conservation subdivision may
follow, instead, the requirements for an Open Development Area as set forth in Article VIII of this
Chapter.
B. Application for final plat approval shall be made prior to the expiration of sketch plan approval for a
conservation subdivision and or preliminary plat approval for a standard subdivision.
Required Documents: The final plat shall show the layout and other aspects approved by the Planning
Board in its sketch plat or preliminary plat approval, and any other conditions imposed by the Planning
Board in those approvals.
The application for final plat review shall include:
1. Twelve (12) paper copies and four (4) mylar copies of the final plat.
2. Five (5) copies of the Final Road and Drainage Plan.
3. Two (2) copies of cost estimate of public improvements required under Article X and IX of this
Chapter.
4. Fee.
5. Any other documents required by the Planning Board as a condition of its sketch plat or preliminary
plat approval.
§ A106-25. Technical Requirements.
The final plat shall be printed upon mylar or other base material acceptable to the County Clerk. The
size of the sheets shall be eighteen (18) inches by t~venty (20) inches or twenty(20) by thirty-six (36)
inches, including a margin for binding of two (2) inches, outside of the border, along the left side and a
margin of one inch outside of the border along the remaining sides. The final plat shall be drawn at a
scale of no more than 1"=100' and oriented with the north point at the top of the map. When more than
one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire
subdivision with lot and block number clearly legible.
B. The final plat shall show:
l. Proposed subdivision name or identifying title and the name of the hamlet, town and county in
which the subdivision is located, thc name and address of record owner and applicant, name, license
number and seal of the professional engineer or licensed land surveyor.
2.Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
3. Sufficient data acceptable to the Town Engineering Office to determine readily the location, bearing
and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground.
Where applicable, these should be referenced to monuments included in the State system of plane
coordinates and in any event should be tied to reference points previously established by a public
authority.
4. The length and bearing of all straight lines, radii, length of curves and central angles of all curves,
tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot
shall also be given. All dimensions shall be shown in feet and decimals of a foot. The final plat shall
show the boundaries of the property, location, graphic scale and tree north point.
5. The final plat shall also show by proper designation all public open spaces for which deeds or
easements are included and those spaces title to which is reserved by the applicant. For the latter,
there shall be submitted with the final plat copies of agreements or other documents showing the
manner in which such areas are to be maintained and the provisions made therefore.
22
6. All offers of dedication*~l'd covenants governing the maintenanc~reserved open space shall bear
the certificate of approval of the Town Attorney as to their legal sufficiency.
7. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in
accordance with prevailing Town practice.
8. Permanent reference monuments shall be both shown and constructed in accordance with
specification(s) of the Town Engineering Office. When referenced to the State system of plane
coordinates, they shall also conform to the requirements of the State Department of Transportation.
They shall be placed as required by the Town Engineering Office and their location noted and
referenced on the plat.
9. Reference to any self imposed restrictions, and locations of any building lines proposed to be
established in this manner, if required by thc Planning Board in accordance xvith these regulations.
10. Endorsement of the Suffolk County Department of Health and/or the Suffolk County Water
Authority.
l 1. A statement that a declaration of covenants and restrictions has been filed in the County Clerk's
Office and that such covenants and restrictions affect the subdivision and properties within it.
12. MIFDU lots must be designated on the final plat.
13. The title shall identify if the subdivision is a conservation subdivision.
14. The final plat shall state that the subdivision has been adopted pursuant to the terms of the amended
Chapter A 106, and shall state the effective date of the amendment.
The developer shall submit six (6) copies of the Road and Drainage Plans showing all typical plans,
sections, profiles, details and design calculations as needed or required to indicate the proposed
construction and/or development.
1. Road and Drainage Plans shall show all meets and bounds descriptions indicating street and drainage
areas as well as the size and type of road systems pursuant to Chapter A-108, Highway
Specifications of the Town Code.
2. Where indicated or required, Road and Drainage Plans shall include but not be limited to
the following:
a. Metes and bounds descriptions of all building lots indicating lot areas, proposed building
envelopes and scenic buffer areas.
b. Utilities - indicate size and location of all below grade utilities including proposed water mains,
electrical conduit and transformer pads.
c. Fire wells or fire hydrants.
d. The limits of all Tidal and Freshwater Wetlands within one hundred (100') feet of the proposed
development.
e. Topographical contours at an interval that will accurately depict the slope and contour of the site.
f. Road profiles and typical cross-sections.
g. Drainage calculations and design indication all drainage structures and piping.
h. Test hole and boring data.
i. All existing and proposed easements indicating width, area and purpose.
j. Concrete survey monuments.
k. Curbing.
1. Sidewalks.
m. Street lights.
n. Street trees - including size, type and specifications for placement.
o. Street signs - indicating type and location.
p. Proposed curb-cut detail.
§ A106-26. Environmental Review.
23
The Planning Board shall c'lSlrnply with the provisions of the State lL~vironmental Quality Review Act
(SEQRA), and its implementing regulations. When no preliminary plat is required to be submitted, an
application for final plat approval shall not be considered complete until a negative declaration has been filed or
until a notice of completion of the final environmental impact statement has been filed in accordance with the
provisions of SEQRA. The time periods for review of such plat shall begin upon filing of such negative
declaration or such notice of completion.
§ A106-27. Coordination of Review of Performance Bond Estimate.
Upon receipt of the complete application for Final Plat approval, a copy of the cost estimate required
under Article IX of this Chapter and the road and drainage plan required under §A 106-25C shall be forwarded
to the Town Engineering Office for review and compliance with Chapter Al08 Highway Specifications, and
other relevant provisions of the Town Code. The Planning Board shall accept, reject or modify the
recommendations of the Town Engineering Office at a public meeting and shall notify the applicant of its
decision.
§ A106-28. Action on Final Plats Which Are In Substantial Agreement ~vith Approved Preliminary. Plats.
When a final plat is submitted which the Planning Board deems to be in substantial agreement with a
preliminary plat approved pursuant to this Chapter, the Planning Board shall, by resolution, approve or
conditionally approve with or without modifications, grant final approval and authorize the signing of such plat
or disapprove the plat, within sixty-two (62) days of its receipt by the Planning Board. Notwithstanding the
foregoing provisions hereof, the time in which the Planning Board must take action on such plat may be
extended by mutual consent of the Applicant and the Planning Board.
§ A106-29. Final Plats: Not in Substantial Agreement svith Approved Preliminary Plats or When No
Preliminary Plat is Required.
A. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a
preliminary plat approved pursuant to this Chapter, or when no preliminary plat is required to be submitted and
a final plat clearly marked "final plat" is submitted conforming to the definition provided by this Chapter the
following shall apply:
1. Planning Board As Lead Agency: Public Hearing: Notice: Decision
a. Public Hearing on Final Plats - The time within which the Planning Board shall hold a public
hearing on such final plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as follows:
If the Planning Board determines that the preparation of an environmental impact
statement is not required, the public hearing on a final plat not in substantial agreement
with a preliminary plat, or on a final plat when no preliminary plat is required to be
submitted, shall be held within sixty-two days after the receipt of a complete final plat by
the Clerk of the Planning Board; or
ii.
If the Planning Board determines that an environmental impact statement is required, and
a public hearing on the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall be held jointly within
sixty-two days after the filing of the notice of completion of such draft environmental
impact statement in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental impact statement, the
public hearing on the final plat shall be held within sixty-two days following filing of the
notice of completion.
24
Public Heating; Notice Length - The heating on the final plat shall be advertised at least once in
the official newspaper so designated by the Town Board at least five days before such heating if
no hearing is held on the draft environmental impact statement, or fourteen days before a heating
held jointly therewith. Notice shall be provided pursuant to Chapter 58 and as set forth above in
§AI06-22A2. The Planning Board may provide that the heating be further advertised in such
manner as it deems raost appropriate for full public consideration of such final plat. The hearing
on the final plat shall be closed upon motion of the Planning Board within one hundred twenty
days after it has been opened.
Decision - The Planning Board shall make its decision on the final plat as follows:
i. If such board determines that the preparation of an environmental impact statement on
the final plat is not required, the Planning Board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final approval and authorize
the signing of such plat within sixty-two days after the date of the public hearing; or
ii.
If the Planning Board determines that an environmental impact statement is required, and
a public hearing is held on the draft environmental impact statement, the final
environmental impact statement shall be filed within forty-five days following the close
of such public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed within forty-five days
following the close of the public hearing on the final plat. Within thirty days of the filing
of the final environmental impact statement, the Planning Board shall issue findings on
such final environmental impact statement and shall by resolution conditionally approve,
with or without modification, disapprove, or grant final approval and authorize the
signing of the such plat.
d. Grounds for Decision - The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board.
Planning Board Not As Lead Agency; Public Hearing; Notice; Decision
Public Hearing On Final Plat - The Planning Board shall, with the agreement of the lead
agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the
draft environmental impact statement. Failing such agreement, the Planning Board shall hold
the public heating on the final plat within sixty-two days after the receipt of a complete final
plat by the Clerk of the Planning Board.
Public Hearing; Notice; Length ~ The hearing on the final plat shall be advertised at least
once in the official newspaper so designated by the Town Board a at least five days before
such heating is held independently of the hearing on the draft environmental impact
statement, or fourteen days before a hearing held jointly therewith. Notice shall be provided
pursuant to Chapter 58 and as set forth above in §AI06-22A2. The Planning Board may
provide that the heating be further advertised in such manner as it deems most appropriate
for full public consideration of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within one hundred twenty days after it has been opened.
Decision - The Planning Board shall by resolution conditionally approve, with or without
modification, disapprove, or grant final approval and authorize the signing of such plat
25
within sixty-two"~iys after the close of the public hearin~5'n such final plat. The grounds for
a modification, if any, or the grounds for disapproval shall be stated upon the records of the
Planning Board.
If the preparation of an environmental impact statement on the final plat is not required,
the Planning Board shall make its decision within sixty-two days after the close of the
public hearing on the final plat.
ii.
If an enviromnental impact statement is required, the Planning Board shall make its own
findings and its decision on the final plat within sixty-two days after the close of the
public hearing on such final plat or within thirty days of the adoption of findings by the
lead agency, whichever period is longer. The grounds for a modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning Board.
Final approval. Prior to obtaining the Planning Board Chair's or Vice Chair's signature of the final plat,
the authorized officer of the Planning Board, and forwarded to the applicant for filing at the developer
shall have provided the following:
1. Performance bond.
2. Approval of final road and drainage plans from the Town Engineering office.
3. Schedule ofconstruction dates.
4. Copies of required permits.
5. Proof that funds owed in accordance with the affordable housing requirement have been paid.
6. In a Conservation Subdivision, an executed contract or other legal instrument perpetually preserving
and protecting the land shall be submitted.
Conditional approval of final plat. Conditional approval does not qualify the final plat for recording or
authorize issuance of building permits prior to the recording of the plat in the County Clerk's office.
The applicant shall have one hundred and eighty (180) days from the adoption ora resolution of
conditional approval to meet the conditions. The Planning Board may extend this time for no more than
two (2) additional periods of ninety (90) days each. The conditionally approved final plat shall not be
filed until all conditions have been met.
Filing of Decision on Final Plat. Within five (5) business days from the date of the adoption of the
resolution approving the final plat, the Chair or other duly authorized member of the Planning Board
shall cause a copy of such resolution to be filed in the office of the Town Clerk.
Final Approval, Filing, Expiration. The approved final plat shall then be signed by the Chairperson or
other duly Suffolk County Clerk's Office. The final plat shall be filed by the Applicant within sixty-two
(62) days of the date of final approval, or such approval shall expire. Final approval shall be determined
in accordance with §276 of the New York State Town Law.
Final Plat Void If Revised After Approval. No changes, erasures, modification(s), or revisions shall be
made to any final plat after it has been approved by the Planning Board, and such approval has been
endorsed in writing on the plat, unless the said plat is first resubmitted to the Planning Board and the
Planning Board approves any modifications. In the event that any such final plat is filed without
complying with this requirement, the same shall be considered null and void, and the Planning Board
shall institute proceedings to have the final plat stricken from the records of the Suffolk County Clerk.
Default Under Previous Final Plat. The Planning Board shall not approve a final plat if the applicant is
in default on a previously approved final plat.
26
This Local Law is intended~Y'supersede and amend inconsistent protons of
Town Law §276(8) by eliminating the provisions for default approval resulting
from the Planning Board's failure to take any action or hold any heating on a
preliminary or final plat within the statutory time periods.
§A106-30. (Reserved)
ARTICLE VIII
Open Development Area
§ A106-31. Establishment of an Open Development Area.
An applicant who has received sketch plat approval for a Conservation Subdivision pursuant to this
Chapter may apply to the Town Board for establishment of an Open Development Area ("ODA')
pursuant to §280-a(4) of the New York State Town Law.
The Town Board may grant the applicant the fight to seek future approval of the creation of lots and the
issuance of permits for the erection of structures to which access is given by fight-of-way or easement.
Such fight shall be in accordance with the designated zoning district and the density and minimum lot
size for the property in effect at the time of the establishment of the Open Development Area.
This provision supercedes and amends New York State To~vn Law §265-a insofar as that section places
a limited exemption on the time within which an adoption, change or amendment to the zoning
regulations shall be applicable to a filed plat.
§ A106-32. General Requirements.
An Open Development Area must meet the following general criteria:
It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 zoning districts;
It shall provide for the perpetual preservation of a minimum of seventy-five (75) percent of the
buildable land on the parcel;
Access to the ODA shall be provided by a right-of-way or easement;
The area where the proposed lots will be located shall be in accordance with that shown on the
approved sketch plat.
§ A106-33. Submission Requirements.
The applicant shall submit the following items to the Town Clerk's Office:
1. A completed petition to establish an Open Development Area;
Three mylar and twelve paper copies of a map prepared to a scale of 1" = 100; and including all
information required in Article V (Sketch Plat Review) and the size and notation requirements set
forth in Article VII (Final Plat Review) of this Chapter.;
An executed easement (permanently preserving a minimum of seventy-five (75) percent of the
property from residential or commercial development) between the property owner and one of the
following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a
private conservation corporation or land trust as approved by the Town Board.
27
§ A106-34. Procedure.
Upon receipt of the items required under §A106-33, the Town Clerk shall refer the petition to the
Planning Board for its review and specific recommendations within fourteen (14) days of receipt of
referral.
B. The Town Board shall provide notice pursuant to Chapter 58 of the Town Code and shall hold a public
heating.
C. The Town Board shall comply with the requirements of SEQRA.
Following receipt of the Planning Board's recommendation and the public hearing, the Town Board may
establish an Open Development Area consisting ora certain number of acres within a specified portion
of the proposed Conservation Subdivision. The Town Board may incorporate such further conditions
and limitations as may be prescribed by the Planning Board by general or special rule. Such approval
shall be by resolution.
E. The approved map shall be signed by the Town Supervisor within ten (10) days of the adoption of the
approving resolution.
The following filing procedures shall be implemented for an approved ODA:
1. The mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous
map within 62 days of the date of approval.
2. Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be returned
to the applicant and one copy shall be sent to the Planning Board office for its records.
3. Failure to file the approved map within 62 days of the date of approval shall result in an expiration
of such approval.
§ A106-35. Creation of Lots within an ODA Subdivision.
A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit the following
items to the Planning Board office:
1. Petition to implement the ODA.
2. Twelve paper copies of the ODA showing the location and dimensions of the proposed lot (s), in
accordance with the approved ODA map.
3. Five paper copies of preliminary road and drainage plans.
4. Fee.
B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the
Town Engineering Office for an estimate of the required improvements.
C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate.
D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act
(SEQRA).
E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to
Chapter 58 of the Town Code.
F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of the County
Clerk, the Town Clerk and the Planning Board office within 62 days after approval.
28
ARTICLE IX
Performance Bonds and Other Security.
§ 106-36. Purpose of Performance Bond.
A performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully
construct or cause to be constructed the required public improvements which were an integral part of the
approved final plat and, further, that the construction shall be completed within a reasonable period of time.
§ A106-37. Performance Bond.
A. Performance Bond estimate. The amount of the undertaking, secured by cash or certified check or other
acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the
required capital improvements, Including but not limited to road clearing, trail clearing, landscaping and
drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life
of the bond.
B. The Planning Board shall pass a resolution either approving or modifying the performance bond estimate as
recommended by the Superintendent of Highways.
C. The Town Board shall approve or disapprove the performance bond, subject to the review and approval of
the Town Attorney. If the performance bond is approved, it shall be filed with the Town Clerk, and the
Town Clerk shall notify the Planning Board, in writing, of the Town Board's action.
D. The Chair of the Plmming Board shall not sign a final plat until notification by the Town Clerk of the Town
Board's approval of the performance bond.
E. After construction of the public improvements covered by the performance bond and prior to the release of
the bond, the developer shall prepare a set of the approved drainage plans and street profiles amended to
indicate as-constructed information. The developer then may apply to the Town Engineering Office and/or
Superintendent of Highways for a final inspection of the work. When the work has been completed to the
satisfaction of the Town Engineering Office and/or Superintendent of Highways, they shall recommend to
the Planning Board that the perfurmance bond be released. If the Planning Board is in agreement with the
recommendation, the Planning Board shall recommend to the Town Board that the performance bond be
released.
§ A106-38. Maintenance bond.
A. At the time of the release of the performance bond, a maintenance bond shall be furnished by the developer
to guarantee upkeep and the workmanship and materials of all required improvements for a period of one
year from the date of release of the performance bond by the Town. This bond shall be in an amount which
is one-third of the performance bond estimate. If the improvements are not taken over by the Town, an
annual maintenance bond shall be required, annually updated and running until the improvements are
dedicated to the Town. The amount of this bond shall be determined by the Superintendent of Highways,
and the form shall be in accordance with § 106.39.
B. Where dedication of required improvements has not been accepted by the Town Board, maintenance
inspection shall be made annually by the Town Engineering office and/or Superintendent of Highways. In
the event that such required improvements are not maintained according to the Department of Highway
specifications, the Town Engineering office and/or Superintendent of Highways shall recommend to the
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Town Board that such mainten~l~e bond be declared in default and the t~ll~r of dedication shall be accepted
by the Town Board.
§ A106-39. Forms of security; expiration and terms of bonds; default.
A. Form of security. Any security to a bond must be provided pursuant to a written security agreement with the
Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and
manner of execution, and shall be limited to:
I. The deposit of funds in a savings passbook or a certificate of deposit (CD) issued by a bank or trust
company located and authorized to do business in the State of New York and maintaining an office
for the transaction of its business in the Town of Southold. The Town Board may require that the
savings passbook or CD be accompanied by an executed withdrawal slip made payable to the Town
of Southold and/or an assignment of the right to the funds upon a default. Each passbook or CD shall
also be accompanied by a letter from the bank acknoxvledging the use of the passbook or CD as
security to a bond and that no funds will be released unless authorized by a resolution of the Town
Board.
2. An unconditional and irrevocable letter of credit from a bank or a corresponding bank located and
authorized to do business in the State of New York. The letter of credit shall certify the following:
a. That the creditor does guarantee funds in an amount equal to the performance bond estimate.
b. That, in the case of failure on the part of the applicant to complete the specified
improvements within the required time period, the creditor shall pay to the Town Board
immediately, and without further action, such funds as are necessary to finance the
completion of those improvements, up to the limit of credit stated in the letter.
c. That the letter of credit may not be withdrawn, or reduced in amount, until released by the
Town Board.
d. That the term of the letter of credit shall extend at least six months past the term of the bond.
3. Obligations of the United States of America.
Any obligations fully guaranteed as to interest and principal by the United
States of America, having a market value at least equal to the full amount of
the security required.
Upon the recommendation of the Planning Board, the Town Board may accept
a deed, transferring the fee title of real property, free and clear of any mortgage or lien,
having a value established by the Town Tax Assessor of at least 150% of the amount of the security
required, such title to be held by the Town in escrow only for the purpose of securing the
performance or maintenance required. The Town Board shall retain the right to reject the use ora
property escrow where there is no benefit to the Town or it may reject the use of any property when
the value of such property is sufficiently unstable, when it believes that the property will be
unusually difficult to sell or for other reasons such as will inhibit the Town from exchanging the
property for a sufficient amount of money to complete the required improvements. Said deed shall
be accompanied by the following:
a. All documents necessary for recording of the deed in the Suffolk County Clerk's Office.
b. An agreement with the Town Board, to be filed in the Office of the Suffolk County Clerk, stating
the following:
i. That, in the event o f default in performance or maintenance/hr which the undertaking
shall be given, the Town Board may accept the property on behalf of the Town of
Southold. In such a case, the Town may record the deed in the office of the Suffolk
County Clerk, sell such real property and apply the net proceeds of the sale in the same
manner as if the funds had been held in a deposit or certificate described in Subsection
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A(1) above.
ii. That the grantor shall pay all real property taxes on the property held in trust during the
term of the bond.
iii. That the property to be placed in trust as an improvement guarantee will not be used for
any other purpose, or pledged as a security in any other matter, unless and until released
by the Town Board.
iv. That upon the completion of the work or maintenance period or when the benefit to the
Town shall have been received or the purpose of accepting this form of security is
deemed unnecessary by the Town Board, the deed and/or title to the subject property
shall be released or conveyed to the grantor or such other person as may be entitled to the
same, free and clear of any liens or defects, except those in existence at the time of the
delivery of the deed to the Town and which continue in existence or which may have
thereafter been placed thereon with the knowledge and consent of the owner.
v. Affidavit of title or title certification affirming that the property to be used as a guaranty
is free and clear of any encumbrances or liens at the time it is to be put into trust.
vi. Notwithstanding the aforementioned provisions, the Town Board may, in its discretion,
accept such other security as may be allowed by law, where there is a benefit to the
Town.
vii. If the term of the performance bond will expire prior to the completion of the public
improvements, the Town Engineering Office and/or Superintendent of Highways shall
recommend to the Planning Board either that the term of the bond be extended to permit
completion of the work by the Applicant or that the bond be declared in default. The
Planning Board shall advise the Town Board, by resolution, if its recommendation is for
the extension or default of the bond. The Town Board shall act on the extension or
declaration of default on the performance bond.
viii. The performance bond shall have a term of two years. The term and requirements of a
performance bond may be extended or modified by the Planning Board, in consultation
with the Town Engineering Office and the Superintendent of Highways, with the
approval of the Town Board.
B. Default. In the event that any required improvements have not been installed as provided in this section
within the term of such security agreement, the Town Board may thereupon declare the said performance or
maintenance bond or security agreement to be in default and collect the sum remaining payable thereunder;
and upon the receipt of the proceeds thereof, the town shall install such improvements as are covered by
such security and as commensurate with the extent of building development that has taken place in the
subdivision but not exceeding in cost the amount of such proceeds.
ARTICLE X
Required Public Improvements,
Inspections, Fees
§ A106-40. Required improvements and utilities.
A. All public improvements shown on the final plat and final road and drainage plans will be required and must
be bonded.
B. The following public utilities will be required, but bonding is not required. Assurance of construction from
the appropriate private company or public agency must be supplied to the Planning Board by the applicant.
Fire hydrants as specified by the Fire Commissioners (only when water
mains are to be installed).
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ii.
iii.
Sewage disposal fac~ffties when specified by appropriate age,es.
Utilities, including but not limited to electric, gas, telephone and
television, all of which must be located underground. The applicant shall
provide a letter from each public utility company stating that the company
will make the necessary installations for its service. These letters shall be
submitted with the performance bond provided pursuant to §A 106-37.
C. Public improvements subject to the bonding requirements of this Chapter shall be constructed in accordance
with Chapter Al08, Highway Specifications.
D. Fire wells shall be installed according to the specifications of the respective fire district. Upon completion
of the installations, the applicant shall arrange for appropriate testing of the wells to the satisfaction of the
respective fire district prior to release of the performance bond.
E. Site preparation. Site preparation and construction of the required public improvements shall not begin until
(1) the final plat has been signed by the Chair or the Vice Chair of the Planning Board and the final plat has
been duly recorded in the Office of the Suffolk County Clerk; or (2) if such work is to be performed without
posting a performance bond, such work shall not begin until a resolution conditionally approving the final
plat has been adopted by the Planning Board, and any conditions set forth therein required to be met prior to
beginning such work shall have been complied with.
§ A106-41. Inspection of improvements.
A. All bonded improvements shall be inspected by the Town Engineering Office and Superintendent of
Highways to ensure satisfactory completion.
At least 48 (forty-eight) hours' notice shall be given to the Town Engineering office and Superintendent
of Highways prior to any major construction or installation so that a representative of the Town may be
present when the work is performed.
i. The developer shall supply the Town Engineering Office and Superintendent of Highways with a
schedule of construction indicating the beginning and completion dates of each of the following
phases of work:
a. Cleaning and grubbing.
b. Drainage pipe installed with other drainage structures before backfilling and recharge basin
excavation.
c. Road sub base analysis.
d. Curbing and sidewalk.
e. Placement of road base course materials.
f. Finished roadway pavement materials.
g. Landscaping and fencing.
h. Sidewalks.
ii. No work on any item in this subsection shall begin on a week-end or legal
holiday.
The developer shall uotify the Town Engineering office and Superintendent of Highways, in writing, at
least five days prior to the completion of each of the above phases of construction.
Construction testing of roadway pavement materials shall be performed in accordance with the
requirements of the road and drainage standards for the Town of Southold.
The Town Engineering office shall coordinate the placement of the following improvements, with the
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developer and the utility co'any:
1. Water mains and hydrant connections, prior to backfilling.
2. Fire well.
3. Placement of underground electric, telephone or television cables.
4. Placement of underground lines/mains.
5. Installation o f all underground drainage structures prior to backfilling.
A final inspection of all improvements shall be made by the Town Engineering office and/or
Superintendent of Highways to determine whether the work is satisfactory and in substantial agreement
with the approved final plat drawings, design standards of these regulations and the construction
specifications for subdivisions. The general condition of the site shall also be considered, If it appears
likely that hazardous conditions exist or may arise, the Town Engineering office and/or Superintendent
of Highways may require that special measures be taken by the developer.
All development greater than a cumulative area of one acre shall require Phase Il Stormwater/erosion
control mitigation requirements as set forth by federal and state regulations including SPDES General
Permit for Stormwater Discharges from Construction Activity (GP-02-01 ).
§ A106-42. Administration fee.
A. Administration fees shall be required for subdivision map review, project coordination and field
inspections by the Town Engineering office.
B. This t~e shall be equal to six (6) percent of the adopted final total cost of capital improvements
(performance bond estimate), including but not limited to roads, clearing and drainage.
When new road construction is not part of the subdivision (subdivision on an improved road), the
Applicant shall pay a review fee equivalent to two thousand ($2,000) dollars per lot or six (6) percent of
the bond estimate, whichever is greater.
D. All checks shall be made payable to the Town of Southold.
E. Ifa subdivision is abandoned, no part of the administration fees already paid to the Town will be
returned to the Applicant.
§ A106-43. Waiver.
With the approval of the Town Engineering Office and the Highway Superintendent, the Planning Board
may waive the provision of any or all required improvements which required in its judgment and considering
the special circumstances of a particular plat or plats, are not required in the interests of the public health, safety
and general welfare. For each waiver granted, the Planning Board shall enter upon the records its 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.
§ A106-44. Safeguards during construction.
In order to prevent flooding, erosion or any other dangerous or hazardous condition from occurring
during the progress and completion of required improvements, the Planning Board may require the developer or
his agents to take any action, including the construction and/or installation of temporary thcilities, as the Town
Engineering Office may recommend. Such recommendations may not supercede state requirements under
SPDES permit GP-02-0I.
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§ A106-45. Modification of Design of Improvements.
If at any time before or during the construction of the required improvements, the Town Engineering
Office, the Highway Superintendent and the Planning Board determine that unforeseen conditions make it
necessary or preferable to modify the location or design of any required improvements, the Town Engineering
Office may, upon approval of the Planning Board and with the concurrence of the Highway Superintendent,
authorize such modifications, provided they are within the spirit and intent of the Planning Board's prior
approval and do not extend any waiver or constitute a substantial alteration of the function of any improvements
required by the Planning Board. The Town Engineering Office shall issue any authorization under this Section
in writing and shall transmit a copy of such authorization to the Planning Board prior to its next regular
meeting.
§ A106-46. Mapping of Completed Improvements; Monuments.
A. The required improvements shall not be considered to be completed until their installation has been
approved by the Town Engineering Office and a map satisfactory to the Planning Board has been
submitted indicating the location of monuments marking all underground drainage utilities as actually
installed and the comers of all new lots created by the developer.
B. Where field conditions necessitate modifications to the approved road and drainage maps, the Town
Engineering office shall have the right to require amended maps fbr the public record.
C. Monuments.
Property, boundary monuments shall be required for each subdivision. Monuments shall be set on the
inside comers of outside boundaries of the land subdivided, at each point where there is a change of
alignment. Except where the boundary is a water course, the monuments shall be offset in the line of
the adjacent traverse.
Property boundary (survey) monuments shall be of concrete. Monuments shall not be less than six
(6) inches in diameter, thickness or width. Concrete monuments shall be reinforced with metal. All
monuments shall be not less than forty- two (42) inches in length and set vertically with the top of
the monument flush with the top of the improved ground. The final monuments shall not be installed
prior to completion of final grading.
Two street boundary monuments shall be set at diagonally opposite comers of each street
intersection, also on one side of a CUlWe in a street at the point of tangency and at the point of
curvature.
Each lot in the subdivision shall be referenced by two markers located at the intersection of the side
boundary line of the lot and the front property line. Lot boundary line markers shall be of metal rod
or pipe not less than three-quarters inch in diameter and twenty-four inches in length and driven so
that the top of the marker is flush with the level of the improved ground.
A letter from a NYS Licensed Land SuD'eyor shall be provided by the Applicant to the Planning
Board certifying that all monuments are installed as shown on the approved Final Plat.
Location of all proposed survey monuments shall be shown on preliminary maps for review and
approval by the Town Engineering Office prior to Planning Board approval of the final plat.
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ARTICLE XI
Cluster Development
§ A106-47. Authority and Purpose.
Authority is hereby granted to the Planning Board pursuant to New York State Town Law §278 to
modify applicable provisions of Chapter 100 of this Code, Zoning, as to layout, configuration and design
of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping, to
enable and encourage flexibility of design and development of land in such manner as to preserve the
natural and scenic qualities of open space lands. Any subdivision designed under this Article shall
indicate on the final plat that it is a cluster subdivision.
The Planning Board shall require cluster development of parcels seven (7) acres or greater in size and
not classified as a Conservation Subdivision. The Planning Board, at its discretion, may allow cluster
development on any subdivision classified as a Conservation Subdivision, and may modify any
provisions of this Article in consideration of the ERSAP.
The Planning Board, at its discretion, may mandate cluster development ofa pamel of seven (7) acres or
less in size in order to preserve the natural and scenic qualities of open Lands. The Planning Board shall
consider the ERSAP in making such a determination, and may require cluster development upon a
finding that natural and scenic qualities of the parcel including but not limited to the following, should
be preserved:
1. Slopes: slopes of fifteen (15) percent or greater on twenty-five (25) percent or more of the property.
2. Land seaward of the Coastal Erosion Hazard Area line.
3. Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply watershed
areas, flood-prone areas as shown on Federal Emergency Management Agency maps, New York
State Protected Areas, or areas legally protected by the County of Suffolk, the Town of Southold,
Private Trusts or other Entities or Agencies.
4. Aghcultural lands: active farmland within a New York State certified Agricultural District, lands
within 2,000 feet of a New York State certified Agricultural District, or soils classified in groups I to
4 of the New York State Soil Classification System or areas legally protected by the County of
Suffolk, the Town of Southold, Private Trusts or other Entities or Agencies.
5. Community water and/or sewer: sites where community sewer, community water, or community
water and sewer are available or planned.
6. Critical Enviromnental Areas: Lands within or contiguous to a Critical Environmental Area
designated pursuant to Article 8 of the Environmental Conservation Law.
7. Designated open space areas: lands contiguous to publicly owned or designated open space areas,
privately owned designated natural areas~ or areas identified in the Southold Town Farm and
Farmland Protection Strategy.
8. Historic structures and sites: historic structures or areas o f national, state or local importance.
9. Scenic view sheds and special features: sites bordering designated State, County or Town Scenic
Roads, or "special features" identified in the Town's Comprehensive Plan.
10. Significant natural areas and features: areas with rare vegetation, significant habitats, or habitats of
endangered, threatened or special concern species as determined by the New York Department of
Environmental Conservation (Natural Heritage Program) or the Town Conservation Board, mature
forests over one-hundred (100) years old, locally important vegetation or unique natural or
geological formations.
11. Trails: existing and potential trails, bikeways, and pedestrian routes of Towm State or County
significance.
12. Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in
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the Town's Comprehen~,e Plan.
13. Applicant Request: on lands where the Applicant has requested approval of a Cluster Development
subdivision.
D. The Planning Board, at its discretion, may mandate cluster development in the HD, AHD, RR, RO, LB,
HB and B zoning districts for residential uses as permitted by this Code.
The Planning Board shall not increase the density permitted on the subject parcel as determined pursuant
to §Al06-11 of this Chapter.
Where two or more properties are held in common ownership by the Applicant (s) and the properties are
adjacent or contiguous to one another, whether separated by a public or private street, utility easement or
other such easement, the Planning Board may require clustering of the cumulative permissible yield onto
one or more of the parcels.
Where two or more properties are held in common ownership by the Applicant (s) and the properties are
not adjacent or contiguous to one another, the Planning Board may require clustering of the cumulative
permissible yield onto one or more of the parcels, subject to an approving resolution by the Town Board.
H. Design Requirements for Cluster Development Subdivisions.
In addition to the other requirements of this Chapter, the following shall apply:
1. In the R-400, R-200, R-120, R-80 and R-40 and A-C Zoning Districts, a cluster development design
must set aside a minimum of 60 percent of the buildable lands as open space lands.
2. Utility and open space easements may be included in the calculation of the minimum required open
space.
3. Roads, streets, right-of-ways may not be included in the calculation of the minimum required open
space.
§ A106-48. Determination of the Location of Open Spaces created by Cluster Development Using
Primary and Secondary Conservation Areas.
The required open space land shall consist of a combination of Primary Conservation Areas and
Secondary Conservation Areas as defined in §A106-3 and described in §Al06-1 I(C). The proposed
design shall strictly minimize disturbance of these environmentally sensitive areas. The Applicant shall
demonstrate that such features will be protected by the proposed subdivision plan.
The location of open space lands shall be determined in general accordance with thc goals of the Town's
Comprehensive Plan and In particular, with the Southold Town Farm and Farmland Protection Strategy
to provide an interconnected network of open space and farmland.
Active agricultural land with farm/agricultural support buildings_may be used to meet the minimum
required open space land.
Open space land should generally remain undivided, except for roadway median strips, traffic islands,
walkways, trails, courtyards, play areas, recreation facilities, drainage ways, historic sites or unique
natural features requiring common ownership protection.
36
No portion of any house described in a existing or future deed~l~ay be used for meeting the
minimum required open space land unless encumbered with a perpetual restriction preventing the
development of such area in any way.
House lot standards. Development areas for the location of house lots include the necessary building
envelope for each dwelling unit, constituting the remaining lands of the tract outside of the designated
open space areas. House lots shall not encroach upon Primary Conservation Areas and their layout shall,
where practical, respect Secondary Conservation Areas. House lots shall be designed in accordance
with the following standards:
l. The buildable area of all proposed lots all shall meet the following setback requirements to the
greatest extent practicable:
a. From all external road right-of-ways including New York State designated scenic byways
(S.R. 25 and C.R. 48): one-hundred (100) feet.
b. From all other tract boundaries: fifty (50) feet.
c. From agricultural lands, either bordering or within the tract: fifty (50) feet.
d. From active recreation areas such as courts or playing fields (not including small
playgrounds for young children): one-hundred (150) feet.
Views of house lots from exterior roads and abutting properties shall be minimized by the use of natural
or landscaped buffers, changes in topography, existing vegetation, or additional landscaping in
accordance with this Chapter or other provisions of the Code.
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
New intersections with existing public roads shall be minimized. Two access ways into and out of
subdivisions containing ten (10) or more dwellings are generally required for safety. Proposals for more
than two entrances onto an arterial road as defined herein shall be discouraged if they would
unnecessarily disrupt traffic flow or unduly impact the environment.
I. To the extent practical, the lots shall directly abut or face open space created under this Chapter.
§ A106-49. Protection and Use of Open Space Lands created by Cluster Development.
Ownership. As a condition of approval of a standard subdivision plat pursuant to this Chapter and in
order to further the Town's goals of permanent preservation, the Planning Board shall require that fee
title to parcels of open space shown on the plat be conveyed to one (1) or more of the fullowing:
The Town of Southold or other governmental unit or authority. The Town may, but shall not be
required to, accept any portion of the open space land and common facilities, provided that:
a. There is no substantial cost of acquisition to the Town; and
b. The Town agrees to and has access to maintain such facilities; and
c. Such facilities for public use shall be accessible to residents of the Town.
Homeowners' Association. Open space land and common facilities may only be conveyed to a
homeowners' association if the following regulations are met:
a. The applicant shall provide the Town with a description of the organization of the proposed
association, including its by-laws, and all documents governing ownership, maintenance, and
use restrictions for common facilities.
b. The proposed association shall be established by the owner or Applicant and instruments
which satisfy the requirements of this section must be recorded no later than the date on
which the subdivision map is filed with the Suffolk County Clerk.
c. Membership in the association shall be mandatory for each property owner within the
37
subdivision and"~e owner's successors in interest, and e~l'~ such owner must be required to
pay a proportion of the annual cost of maintaining the open space or common areas.
The association must have the power to levy assessments against each lot owner and which
become a lien on the real property of any member who falls delinquent in his or her
assessments.
Written notice of any proposed transfer of common facilities by the association or the
assumption of maintenance for common facilities must be given to all members of the
association and to the Town no less than thirty days prior to such event.
Non-common private ownership. The required open space land may be included ~vithin one or more
large agricultural reserve lots provided the open space is permanently restricted from future
development, except for those uses listed in §A 106-49C. This option may be preferable for open
space land that is intended for agricultural, horticultural, or silvicultural use.
A private conservation corporation or land trust approved by the Planning Board, which is required
under its charter to own and manage the open space in perpetuity for one (l) or more of the purposes
set forth in this chapter and which has the capacity to do so.
As a condition of approval of a conservation subdivision plat pursuant to this chapter and in order to
further the Town's goals of permanent preservation, the Planning Board shall require that any required
open space land resulting fi.om clustering design shall be held in the same ownership of the other
permanently preserved lands in the conservation subdivision.
Grant of restrictive easements required. Where fee title to open space created by cluster development as
provided in this Section will be conveyed, the Planning Board shall ensure that the open space is used in
perpetuity only for the uses approved by the Board and shall ensure that public and record notice is
given of the nature of the restrictions on the open space. To this end, the Planning Board shall:
1. Require the grant of conservation easements, either to the Town of Southold or to an approved
private conservation corporation or land trust, and require the filing of such other Instruments as will
permanently impose the open space restriction required by this chapter and give record notice of the
same.
2. Impose such other conditions and restrictions as will, in the discretion of the Board, ensure that the
use of the open space is permanently restricted to those uses approved by the Board.
3. All conservation easements required or agreed to by the Planning Board pursuant to this chapter
shall be approved as to their form, content and manner of execution by counsel to the Planning
Board or by the Town Attorney. Such easements shall be perpetual.
4. All conservation easements, declarations or other instruments imposing or giving notice of
restrictions on open space or other real property and required or agreed to by the Planning Board
pursuant to this chapter shall be recorded in the office of the Suffolk County Clerk simultaneously
with the filing of the subdivision map or development plat.
5. No provision of this chapter shall be construed to supersede or modify any provision ora
conservation easement previously granted to the Town of Southold so that the protection of open
space which the easement affords is in any way diminished.
6. Any person, firm, corporation or other entity shall have committed a violation of this Chapter if said
person, firm or corporation violates any provision of a conservation easement granted to or accepted
by the Town pursuant to this Chapter.
Restrictions on use. Use of open space shall be restricted and defined in a conservation easement, and
shall be limited to the following:
1. Conservation of open land in its natural state, including woodland, fallow field, or managed
meadow. The clearing of woodland shall generally be prohibited, except as necessary to clear trails
and active recreation facilities, remove invasive species, and to install subsurface sewage disposal
38
systems. Fallow fields/?l~y be returned to agricultural productioil~vithout penalty. The determination
of necessity shall lie with the Planning Board and the Land Preservation Department.
2. Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and
associated buildings, that are specifically needed to support an active, viable agricultural or
horticultural operation, subject to applicable lot coverage requirements in Chapter 100, zoning, of
this Code. Specifically excluded are Concentrated Animal Feeding Operations (CAFO's) as defined
by the US Environmental Protection Agency, or commercial livestock operations involving swine,
poultry, mink, ratites, and other animals likely to produce highly offensive odors. Such easement
and a notation of the Town of Southold Farmland Bill of Rights shall be on the referenced final plat.
3. Game preserve, wildlife sanctuary, or other similar conservation use.
4. Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting
and sustained-yield forestry.
5. Neighborhood open space uses such as village greens, commons, picnic areas, community gardens,
trails, and similar low-impact passive recreational uses specifically excluding motorized off-road
vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the
Planning Board.
6. Active non-commercial recreation areas, such as playing fields, playgrounds, and courts, provided
such areas do not consume more than half of the minimum required open space land or five acres,
whichever is less. Playing fields, playgrounds, and courts shall not be located within one-hundred
fifl:y (150) feet of abutting properties nor shall such facilities be equipped with lighting. Parking
facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted,
properly drained, provide safe ingress and egress, and contain no more than ten parking spaces. Such
recreation uses may be a public park or recreation area owned and operated by a public or private
nonprofit agency, but shall not include storage of materials, trucking or repair thcilities, or private or
municipal sanitary landfills.
7. Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped,
and available for use as an integral part of the open space area.
a. Sanitary sewage disposal systems of either an individual or community nature may be
located within or extend into required open space areas, provided that subsurface sewage
disposal methods are employed, all required separation distances are observed and the
ownership and maintenance responsibilities associated therewith am clearly defined in
agreements submitted for approval as part of the subdivision application. No application shall
be approved that does not provide property owners with both the legal authority and the
responsibility, individually or collectively, to maintain all sewer facilities on a continuing
basis. This may include the creation of a special district under Articles 12 and 12-a of New
York State Town Law.
b. Conservation of water. It is the requirement of the Planning Board to return storm water to
the ground within subdivisions. This is to be done through the use of natural recharge basins
and/or leaching basins and/or lots specifically designated as drainage lots to be used for no
other purpose. In addition, Applicants shall be required to covenant that buildings and
structures shall be equipped with leaders, gutters and dry wells to return storm water runoff
to the ground.
8. Easements for drainage; access, sewer or water lines, or other public purposes.
ARTICLE XII
Design Standards
§ A106-50. Lots, Streets, Common Drive,vays, Flag Lot Design.
A. Lots.
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l. All building lots shall at'Yeast comply with the requirements of fl~ Zoning Regulations of the Town,
except for lots in open space subdivisions.
2. Each lot shall where possible abut a secondary street or an existing dedicated street.
3. Comer lots shall be of sufficient size to meet the minimum building line, lot width and yard setbacks
of the Zoning Regulations for each street, except for lots in a cluster subdivision.
4. Where extra width has been provided to widen existing streets, lots shall begin at such extra width
line, and all setbacks shall be measured from such line.
5. Side lines of lots shall be at right angles to straight streets, and radial to curved streets.
6. Where factors such as rock formations, flood conditions or similar circumstances affect the
suitability of a lot or lots for their intended use, the Planning Board may deny approval of such lots.
Block length and width, or acreage within boundary roads, shall be sufficient to meet the lot area
requirements of the Zoning Regulations and to provide for convenient access, circulation control and
safety of street traffic.
8. [.ots intended for commercial or industrial use shall be designed specifically for such purposes with
adequate space set aside for off-street parking and delivery facilities.
Lots shall be designated to avoid regulated areas under the jurisdiction of the Town Board of
Trustees, the New York State Department of Environmental Conservation and the Town Zoning
Board of Appeals.
B. Streets.
Streets shall meet Town Highway Specifications. Where appropriate, the Planning Board shall work
with the Highway Superintendent and Town Engineering office to ensure that the Town of Southold's Highway
Specifications do not impact or detract from the rural and environmental character of a standard, conservation
or cluster subdivision. The Highway Superintendent and the Town Engineering office may provide an
interpretation of any part of Highway Specifications and modify such requirements under §A 108-48 of the
Town Code.
The design of the street pattern shall be based upon consideration of factors such as topography,
design of proximate streets, ease of access to inter-modal transportation hubs, access to existing
sidewalks, trails, bicycle paths and public transit, traffic calming measures, and other traffic safety
considerations.
The arrangement of streets in new subdivisions shall make provision for the continuation of existing
streets in adjoining areas, or their proper extension where adjoining land is not subdivided, as may
be deemed necessary for public requirements.
Public right-of-way street widths shall be measured at right angles or radial to the center line of the
street and shall be fifty (50) feet in width. Actual roadway widths shall be determined by Section
A 108-Highway Specifications. Roadways shall have a minimum of two (2) lanes.
Whenever possible, streets should intersect at right angles, but in any event not at angles of less than
sixty (60) degrees.
40
5. Cul-de-sac streets:
a. Unless there is the expectation of extending the street through to the adjoining property, a
cul-de-sac street shall not be placed so that it ends on the property line of the subdivision.
b. A cul-de-sac should not exceed eight hundred feet (800) in length, as measured from the
center line of the street at the open end to the radius point of the turn around.
c. All residential cul-de-sacs shall have a turn around at the end of the street which shall have a
right-of-way radius of filly (50) feet. The curb at the mm shall have a minimum radius of
fbrty-four (44) feet.
d. In a commercial or industrial subdivision, a cul-de-sac should be avoided whenever possible
unless the right-of-way radius is designed at a minimum of seventy-five (75') feet and the
curb radius is designed at sixty-five (65') feet.
[fa dead end street is of a temporary nature, a turn around shall be provided and provision made for
future extension of the street and the reversion of the excess right-of- way of such temporary
turnaround to the adjoining properties.
Streets and right-of-ways less than the required minimum of 50 feet shall not be permitted, except
that wherever a proposed subdivision borders an existing street or right-of-way less than the required
minimum width, the Planning Board shall require that the other part of the street or fight of way be
platted in the proposed tract if it is found that such a requirement would increase the effectiveness of
the circulation system in the area.
8. Multiple intersections involving a junction of more than two streets shall be prohibited.
9. Arterial streets shall not intersect with local residential streets and residential collector streets less
than eight hundred (800) feet apart, measured from center line to center line.
10. To avoid confusion, no street shall have a name which will duplicate or nearly duplicate the names
of existing streets within the Town. The continuation of an existing street shall have the same name.
All proposed street names are subject to approval of the Town Engineering Office and/or the
Highway Superintendent.
11. The minimum radius of horizontal curve, minimum length of vertical cmwes, and minimum length of
tangents between reverse curves shall be in accordance with specifications established by the Town
Highway Superintendent and/or Town Engineering office, and shall be approved prior to final
approval of the Final Plat by the Planning Board.
12. New streets shall be located to provide adequate sight distance on any adjacent public road in both
directions from the interior road in accordance with the current edition of the American Association
of State Highway and Transportation Officials (AASHTO).
13. New streets shall not be placed so as to intersect another street directly opposite an existing or
proposed residence.
14. Any crossing of the Long Island Rail Road right-of-way within a subdivision will not be permitted.
15. Except in a conservation subdivision or open development area, subdivisions where more than three
hundred (300) feet of land fronts on a public street shall provide access to proposed lots by way of a
new street. Multiple building lots and fronting of more than two building lots on a existing street
41
·
shall be prohibited. Fr6~ an aesthetic and speed control perspec~ve, curving roads are preferred in
an intbnnal rural cluster to avoid long straight segments. Shorter straight segments connected by
ninety (90) degree and one hundred thirty five (135) degree bends are preferred in a more formal or
traditional arrangement.
16. Whenever appropriate, street systems should produce vistas of open space.
17. The use of reverse curves should be considered for local access streets in Cluster Development
subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic
speeds will not exceed thirty (30) mph.
C. Common Driveways.
1. Common driveway access may be provided and shall be required where street safety and traffic
management goals would be served.
2. The maximum number of lots using a proposed common driveway shall be two (2) if the common
driveway has one entrance on a public road. Each lot shall have their access on the common
driveway, regardless of the potential for access onto an existing Town, County or State road.
3. The boundary of each lot served by a common driveway shall extend to the center line of the
common driveway with the fight of way for ingress and egress across the common driveway granted
to each lot served by such common driveway.
4. In the case of a conservation subdivision, the Planning Board may, in its discretion, require
professional engineer's drawings showing the exact location, dimensions and grade of the common
driveway and specifications for its composition. The Planning Board may refer these drawings to the
Town Engineering office for reviexv and comment.
5. The subdivision plat shall show the road clearly labeled as "common driveway".
6. The common driveway may not be offered for dedication to the Town of Southold.
7. The Planning Board shall require a recorded maintenance agreement executed by the Applicant as a
condition of subdivision approval.
D. Flag Lots.
The Planning Board May permit a limited number of flag lots in a residential subdivision plat, provided
that they are well shaped, they are generally larger than usual lots, their accessway is essentially straight and not
excessive in length and their arrangement will not create traffic difficulties on the street system and would not
be a means to circumvent a standard lot and street arrangement xvhich might otherwise result in a generally
better platting of the subdivision and adjacent lands.
1. To assure that the flag lot is of adequate size and shape, a flag lot located within the residential zones
shall contain at least the minimum lot area of the applicable zoning district in which it is situated,
within the bulk Of the lot, exclusive of the area contained in the flagpole access strip.
2. In allowing flag lot arrangements in subdivision, the Planning Board may require either a formal
private lane or common access driveway to service such lots and may require that such lanes or
common access driveways be made part of the improvements to be undertaken and made part of a
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performance bond.
The Planning Board may adopt further policies or regulations to assure compliance with these
requirements, including design and legal specifications for the creation of lanes and common access
driveways over such flag lot arrangements.
§A106-51 (Reserved)
§A106-52 (Reserved)
§ A106-53. Lighting.
Street lighting shall be provided along all streets in the subdivision and along
all streets upon which the subdivision abuts, as required by the Town Engineering office and/or the Highway
Superintendent. Public safety, power conservation and preservation of the night sky shall be of primary
consideration in choosing the design, location and number of lighting fixtures. Fixtures must be designed to
hide the source of illumination from the side and must direct the light downward.
§ A106-54. Wastewater Treatment Systems.
All wastewater treatment systems shall be installed in accordance with plans approved by the Suffolk
County Health Department. Such systems shall provide each residence and other structures containing plumbing
fixtures with an adequate and safe method of sewerage treatment. Where a public sewerage treatment system is
not available, an adequate private wastewater treatment system, approved by the Suffolk County Health
Department, shall be provided.
§ A106-55. Water Supply Systems.
All water supply systems shall be installed pursuant to plans approved by the
Suffolk County Health Department. Such systems shall be designed to provide a sufficient supply of potable
water, under adequate pressure, to all outlets, including, but not limited to, residences, other structures, drinking
fountains, hose connections, hydrants. Where a public water supply system is not available, an adequate private
water supply system, approved by the Suffolk County Health Department, shall be provided.
ARTICLE Xlll
Preservation of Natural Features
§ A-106-56. Clearing.
Clearing of vegetation and/or grading is permitted only within the areas designated by the Planning
Board and as shown on a final clearing and/or grading plan or plat approved by the Planning Board.
Clearing of vegetation within the individual residential lots on a subdivision plat approved pursuant to
this Chapter shall be in accordance with (C) of this Section.
Lot size and Permissible Limits of Clearing. Existing native and/or non-native vegetation shall be
preserved subject to the following limits of clearing schedule.
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Lot Size (bi'Ft.)
Percenta~of Site
Permitted to be Cleared
I to 15,000 75
15,001 to 30,000 60
30,001 to 60,000 50
60,001 to 90,000 35
90,001 to 140,000 25
140,001 to 200,000 20
200,001 or greater 15
Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor
prior to any clearing or grading.
Clearing of vegetation within open space areas not in agricultural use in prohibited unless according to
an approved final clearing and/or grading plan or approved plat.
Clearing of vegetation shall be permitted on residential lots within subdivision as approved in
accordance with this Chapter upon the issuance ora Certificate of Occupancy from the Building
Department.
Properties located on the Town of Southold Farm or Farmland Inventory are exempt from these
provisions.
Clearing of Slopes Equal to Greater than 15 Percent. The Planning Board may permit the clearing of
slopes equal to or greater than 15 percent with the approval of an Erosion and Sediment Control Plan
prepared by a New York State Licensed Engineer.
I. Landscaping and Ground Cover
All lots which are not covered by structures or paving shall be properly seeded or landscaped by the
Developer pursuant to an approved plan. These lots are to be maintained by the landowner, or as
otherwise provided by this Chapter.
Each lot shall be provided and/or planted with trees that are acceptable to the Planning Board. This
requirement may be waived by the Planning Board in wooded areas where the developer intends to
maintain existing trees or in areas where the developer meets the limit of clearing requirements.
When a proposed subdivision borders upon an existing commercial or industrial establishment, of
any other use which, in the opinion of the Planning Board, may be visually detrimental to the
tranquility of the future residents of the subdivision, the Planning Board may require a landscape
screen/buffer to protect the subdivision from the visually incompatible use.
§ A106-57. Floodplains.
Land that lies within a flood plain or zone or directly contributes to the watershed of that plain or zone
by way ora swale shall be left in its natural state.
Whenever possible, the ability of the land to naturally channel, retain and drain stormwater shall be
maintained and enhanced in ways that augment the existing natural system.
44
No subdivision design wil'~lSe permitted that would create a flooonlYr flooding hazard to adjoining or
nearby properties including public roads and property.
§ A106-58. Storm Water, Drainage and Erosion Control.
All storm water runoff resulting from the development or improvement of a subdivision or any of its lots
should be retained on-site by adequate on-site drainage structures so that the storm water runoff will not
flow into the right-of-way of a town, county or state road, upon any neighboring properties under
separate ownership, or in any body of water.
All historic drainage pattems shall be preserved. Where existing grade is altered, the Applicant shall
submit a Grading and Drainage Plan to the Planning Board. Dewatering, altering, or causing adverse
existing drainage patterns and/or conditions on adjacent properties or parcels are prohibited.
Erosion and sediment control measures as defined by the Planning Board will be required during and
immediately after construction on site to help prevent storm water from carrying soil and other
deleterious material onto adjacent properties and highways and into wetland areas and adjoining bodies
o f water.
The Planning Board may refer all residential subdivision proposals to the Suffolk County Soil and Water
Conservation District (SWCD) and/or the Town Engineering office, for their review as to the
acceptability of proposed drainage, erosion and sediment control measures both during construction
phases and after completion. All easements deemed necessary to maintain either natural or man-made
storm water drainage, erosion and/or sediment control measures shall be provided and plotted
accordingly on the Final Plat.
All subdivisions on parcels greater than 10 acres in size and located within designated watershed may be
required to provide a Soil and Water Conservation Plan and/or Site Development and/or Construction
Best Management Practices to the Planning Board.
All construction activity greater than one (1) acre in area is required to comply with federal and state
regulations as set forth in the SPDES General Permit for Storm Water Discharge from Construction
Activity (GP-02-01 ).
ARTICLE X1V
Additional Requirements
§ A106-59. Standards and Procedures for Acceptance of Streets; Recreation and Park Areas.
A. Acceptance of Streets.
The approval by the Planning Board and subsequent filing of the Final Plat at the Suffolk County
Clerk's Office shall not constitute acceptance by the Town of any street or right of way shown on such Final
Plat. The Applicant shall comply ~vith all town rules and regulations regarding the dedication of highways, as
set tbrth in Article IV of Chapter A 108, Highway Specifications, final dedication of roads. Any street or right
of way shall be deemed private until it has been formally accepted by a resolution of the Town Board.
B. Acceptance of Parks.
When a park, playground, or other recreation area is shown on a Final Plat, the approval of said Final
Plat shall not constitute acceptance by the Town of such area~ and the Final Plat shall be endorsed with
45
appropriate notes to this effect. TI~ Planning Board may also require th~51ing of a covenant providing for
future dedication or other transfer of title, development of the site, and maintenance of it.
C. Acceptance of streets and parks and subsequent expiration o£final plat.
Acceptance of formal offers of dedication of streets and parks shall rest with the Town Board. If the plat
is not filed or recorded in the office of the County Clerk, then such offer of dedication shall be deemed to be
void.
§ A106-60. Reservation of parkland on subdivision plats containing residential units.
A. Land reservation determination.
Where the Planning Board determines that suitable land tbr a public park, playground or other
recreational purpose exists within the boundaries of a proposed residential subdivision, the Board may require
that a portion of the subdivision lands be reserved for such purpose. Such determination shall be based on an
evaluation of the present and anticipated future needs for park and recreational facilities in the town based on
projected population growth to which the particular subdivision plat will contribute. In determining whether or
not to require the reservation of land for public park, playground or other recreational purpose, the Planning
Board shall consider by the criteria and procedures outlined in subsection Al06-60(C) below.
B. Amount of land to be reserved.
The amount of land area to be reserved for public park, playground or other recreational purpose shall be
determined by the number of new residential building lots within the proposed subdivision. Upon the
recommendation of the Planning Board and where the Town Board deems it appropriate, up to five (5) percent
of the total acreage may be subject to dedication.
C. Criteria for land reservation.
In determining whether or not to require the reservation of land for public park, playground or
recreational purposes, the Planning Board shall consider the following factors:
1. Whether suitable land exists within the proposed subdivision in terms of its size, shape, and
dimensions to reasonably accommodate a public park, playground or other recreation use;
Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology
and/or other natural features readily lend themselves to development of the site for active recreation
use'
3. Whether there are state or federal regulatory restrictions that would limit the usefulness of the site
for active recreation development;
4. Whether the site in terms of its physical characteristics would provide an attractive and sate area for
recreational use:
5. Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can
be provided between the site and surrounding residential areas;
Whether the character of the proposed subdivision and that of the surrounding area are compatible
with a public park and/or recreational use;
46
Whether the anticipated population of the proposed subdivision, together with the population density
of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a
public park, playground or other recreation facility at the location;
Whether the site is located near or duplicates recreation facilities already provided in the area,
particularly those providing the same type of recreation opportunities, including facilities located on
public school grounds;
9. Whether development and long-term maintenance of the site would place an undue burden on Town
Departments:
10. Whether the site contains any unique and significant physical, aesthetic or ecological features that
would make it particularly suited for enviromnental education, trail development, a nature preserve,
or other passive recreation use;
11. Whether reservation of the land is consistent with recommendations contained in the Comprehensive
Plan for the Town of Southold and/or the Plan for Parks and Recreation in the Town of Southold, if
any, in effect at the time the subdivision application is made; and
12. Whether reservation of the land is consistent with the general goals and objectives of the Town with
respect to the development of parks and recreation facility development.
D. Preliminary determination and referral required.
Prior to making a final determination that land will be reserved for public park, playground or other
recreational purpose, the Planning Board shall first make a preliminary determination that such land reservation
will be required, and shall refer the proposal to the Town Board, Land Preservation Committee and the Public
Works Department for its input on the matter. Said referral shall occur as early as possible in the subdivision
review process and prior to the public hearing on the preliminary plat application. A referral is not necessary
where the Planning Board makes a preliminary determinalion that it will not require the reservation of land.
E. Reservation prior to signing of final plat.
The reservation of public park, playground or recreation land shall occur prior to the signing of the final
plat by the authorized officer of the Planning Board, or in the case of a final plat filed in sections, prior to the
signing of the approved final plat of the first section thereof. In cases where a final plat is filed in sections, the
total land area that is proposed to be reserved for public park, playground or recreation purposes shall be shown
upon, and included within, the final plat of the first section.
F. Satisfaction of parkland reservation requirement.
The park land reservation requirement of this section shall be deemed satisfied upon the presentation to
and acceptance by, the Town Board of a metes and bounds description of the parcel which is proposed to be
reserved for park, playground or recreation purposes, and by the placing of a notation upon the final plat
indicating that the land is so reserved and cannot be further subdivided or built upon except for public park,
playground or recreational purposes.
G. Park and Recreation Fee.
1. If the Planning Board makes a finding pursuant to this Chapter that the proposed subdivision plat
47
presents a proper case~'or requiring a park or parks suitabl~tocated for playgrounds or other
recreational purposes, but that a suitable park or parks cannot be properly located on such
subdivision plat, the Planning Board may require a sum of money in lieu thereof. The fees shall be
as follows:
a. Standard Subdivision $7000. per lot;
b. Conservation Subdivision $3500. per lot;
c. Affordable Housing District -none-
Timing of fee payment. Fees must be paid prior to any final approval except in the case of an Open
Development Area where the fee shall be paid upon implementation of the ODA (e.g. when the
lot(s) is (are) created).
Fees to constitute separate trust fund. All fees collected pursuant to this section shall be placed in a
separate trust fund(s) to be established and used by the Town exclusively for the acquisition of
public park, playground or recreation land, and/or for the improvement of public park and recreation
facilities.
§ A106-61. Reservation of Lands for Pedestrian Trails.
Pursuant to New York State Town Law {}278 and to foster the goals of trail
Creation and preservation, the Planning Board may require the reservation of non-agricultural open space lands
for park purposes and it may require some or all of that land be designated as pedestrian trails, in accordance
with the following considerations:
To the extent it is consistent with proper overall land use principles, existing trails shall be preserved in
their natural state within reserved areas in the proposed subdivision.
Where a subdivision layout cannot preserve existing trails because of adherence to legitimate land use
policies and principles, the Plamfing Board may require relocation of trails within the proposed reserved
areas to maintain the necessary linkage to preserve the integrity of the system. The position of any
relocation shall be established by the Planning Board and shall be performed in such a manner as to
minimize disturbance to natural features deemed sensitive
In order to provide notice to the public, all trails shall be shown on the final map of the proposed
subdivision. Existing and relocated trails shall be distinguished on the map. Said trails and all property
rights, both private and public, relating to the trails shall be delineated by declaration or other proper
legal instrument filed in connection with the subdivision. The resolution of conditional final approval
shall also delineate any conditions of approval relating to trail preservation, use and maintenance.
All trails which are preserved as a condition of Planning Board approval shall be improved in
accordance with the Board's roles and regulations relating to cleating and marking of trails.
All trails shall be buffered to the maximum extent practicable from proposed development through
location xvithin proposed reserved areas.
Except as provided herein, all trails subject to this policy statement shall be limited to recreational uses
as outlined in Chapter 62 of the Town Code and shall not be utilized by motorized vehicles.
G. The Planning Board shall encourage Applicants to grant rights to the public to utilize trails preserved
pursuant to this section.
48
trail system.
I. Landowners' liability shall be governed by the applicable New York State law.
Where the developer has granted fights to the public to utilize trails within his control, the Town shall be
responsible for maintenance of the trails, absent an agreement with the developer or a third party to the
contrary.
Where rights have been granted to the Town in the form of dedications, easements or covenants to
utilize lands as trails but trails were not required to be constructed by the Applicant, future trail
construction shall be the responsibility of the Town. Cooperation ~vith owners of the property shall be
encouraged.
§ A106-62. Time Limitations.
The time limitations set forth in this Chapter and in New York State Town Law
may be varied when required for the purpose of complying with the provisions of SEQRA and its implementing
regulations.
§ A106-63. Waivers.
The Planning Board shall have the authority to modify or waive, subject to
appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in
the interest of the public health, safety and general welfare, except where such authority would be contrary to
other ordinances or state law.
§ A106-64. Waiver, Adjustment of Property Lines.
The following divisions of property shall be eligible for a waiver from subdivision review by the
Planning Board.
1. A re-subdivision of nonconforming lots shown On a subdivision map approved by the Planning
Board after April 9, 1957, and filed in the office of the Suffolk County Clerk or the Town Clerk, but
not held in single-and-separate ownership. However, the re-establishment of the right to build on
said lots shall require variance relief fi.om the Zoning Board of Appeals.
A re-subdivision which involves redrawing original lot lines for the purpose of combining said lots
to create conforming parcels shown on a subdivision map approved by the Planning Board after
April 9, 1957, and filed in the Office of the Suffolk County Clerk or the Town Clerk.
The proposed division shall be reviewed by the Town Planning Department, and the office shall inform
the Planning Board in writing that the division will have not significant environmental effect, will not
make future planning of the affected parcels more difficult or impossible and poses no other immediate
or potential problem which would justify more thorough review by this Board.
Where all the requirements of this section can be met, such a division may be authorized by the Planning
Board by resolution.
Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed surveyor and
filed in the Office of the Planning Board. Any land being transferred by such re-subdivision shall be
49
deeded to the owner of the'~roperty in identical name so the new l~a merges with the existing parcel
and shares therewith a common identification number on a Suffolk County Tax Map. The deed and
legal description for any re-subdivided parcel shall be recorded in the Office of the Suffolk County
Clerk.
§ A106-65. When Effective; Effect on existing plats.
These subdivision regulations shall take effect immediately upon approval by the Town Board after adoption by
the Planning Board. However, any subdivision which has received conditional approval of the preliminary plat
by the Planning Board prior to the approval or futura modification of these regulations may, at the discretion of
the Planning Board, be permitted to be completed under the provisions of the subdivision regulations existing at
the time of the approval.
ARTICLE XV
Enforcement
§ A106-66. Violations.
Where a violation of the provisions of this Chapter, as adopted and as may be amended, has been
committed or exists, the owner of the real property where such violation has been committed or exists,
any contract vendee and any grantee of such owner who knowingly participates in such violation, and
any agent who has executed an application to the Planning Board on behalf of the owner or contract
vendee with respect to such real property and who knowingly participates in such violation shall be
guilty of a violation of this chapter.
Any owner of real property who creates a subdivision or who subdivides real property into lots ~vithin
that part of the Town of Southold outside the limits of any incorporated village without first obtaining
approval of the Planning Board of a subdivision map or plat showing the land to be subdivided shall be
guilty of a violation of this chapter. Any contract vendee and any grantee of such owner who
knowingly participates in such violation shall also be guilty of a violation of this chapter. As used
herein the term "subdivision" shall mean a subdivision as defined in this Chapter.
Where a violation of any provision or condition of any resolution or approval of the Planning Board or
of filed covenants and restrictions relating to a subdivision, adopted or granted under the authority of
this Chapter or Article 16 of the New York State Town Law, has been committed or exists, the owner of
the real property where such violation has been committed or exists, any contract vendee and any
grantee of such owner who knowingly participates in such violation and any agent who has executed an
application to such Planning Board on behalf of the owner or contract vendee with respect to such real
property and who knowingly participates in such violation shall be guilty ora violation of this Chapter.
Any person who performs physical work on real property, including but not limited to clearing of land,
other site preparation and construction of improvements in violation of this Chapter or in violation of
any provision or condition of any resolution or approval of the Planning Board relating to subdivision,
adopted or granted under the authority of this Chapter or Article 16 of the New York State New York
State Town Law, shall be guilty of a violatinn of this chapter.
§ A106-67. Penalties for Offenses.
A violation of this chapter shall be punishable by a fine not exceeding that permitted by Section 268 of
New York State New York State Town Law. Each week's continned violation shall constitute a separate
50
additional violation.
§ A106-68. Methods of enforcement.
The provision of this chapter may be enforced by any method or remedy provided by law. In addition to
other remedies provided by law, any appropriate action or proceeding may be instituted to prevent, restrain,
correct or abate any violation of this Chapter.
Section 3. SEVERABILITY.
Should any section or provision of this Local Law hereafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a whole, or any part
thereof, other than the part so declared to be invalid.
Section 4. EFFECTIVE DATE.
This Local Law shall take effect upon filing with the New York State Secretary of
State.
51
(Complete the certifica~lbn in the paragraph that applies to the fling of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
[ hereby certify that the local law annexed hereto, designated as local law No. 18 of 20 04 of the
(Czxx:y)(C~:y)(Town) (Vi'.'.:~g:~) of. SOUTHOLD was duly passed by the
TOWN BOARD on August j~_, 20 04 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village). of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer ora county elected on a county- wide
basis or, If there be none. the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
52
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ofa majotity of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 __,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 __
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please pros~de an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the nmnner indicated
in paragraph 1 , above.
(Seal)
Clerk of the C~y legislatiqe body~ Ci.iy To~-o~ ~, ii'ge Clerk
or officer designated b~, local legislative body
Elizabeth A. Neville, Town Clerk
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text aod that all proper proceedings
have been had or taken for the enactment of the local law an~xed hereto. · ( ',
Signature ' [ I ~
Patricia A. Finned, an. Esq, To~n Attorney
Title
Town of
SOUTHOLD
53
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 24, 2004
5:05 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO A NEW CHAPTER A106-
SUBDIVISION OF LAND OF THE CODE OF THE TOWN OF SOUTHOLD?'
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. E&vards
Toxvn Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that there was presented to the Town
Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2004, a Local
Law entitled "A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the Code of
the Town of Southold'; and
NOTICE IS HEREBY FURTHER GIVEN that the Toxvn Board of the Town of Southold will hold a
public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,
New York, on August 24, 2004 at 5:05 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local La~v entitled reads as follows: "A Local Law in relation to a new Chapter Al06 -
Subdivision of Land of the Code of the Town of Southold".
LOCAL LAW NO. of 2004
A Local Law in relation to a nexv Chapter Al06 - Subdivision of Land of the Code of the Town of
Southold.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS:
SECTION 1. LEGISLATIVE INTENT.
The Town Board finds that the current subdivision regulations have been unable to meet the growing
and changing needs of and the challenges faced by the Town of Southold. To that end, at the request
of the Planning Board. the Chapter Al06 Subdivisions of Land is being repealed and replaced in its
entirety with a new Subdivision chapter. This chapter has been designed with the input of the town
planning and legal staff, as well as retained outside counsel and counsel for the Department of State.
The draft was published in its entirety in the Suffolk Times and was the subject of one public hearing
on June 29, 2004, which was kept open for 10 days to allow for written comments. The comments
have been incorporated into this revised Chapter.
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As recommended in the DGEIS prepared for the Town Board in 2003, this review and revision of the
Subdivision Code will result in simplification and improvement of the regulations. This revision will
benefit review and processing of applications. The subdivision regulations are fully compliant with
New York State law and are designed to be mom "user-friendly". Additionally, this revision
incorporates the concept of a Conservation Subdivision, which creates the opportunity for the
landowner and Town to reduce the potential yield of a site while protecting and preserving agricultural
land and/or open space.
This revision of the subdivision regulations includes implementation of an affordable housing
requirement when calculating yield on a standard subdivision (as opposed to a Conservation
Subdivision). This requirement provides that at least ten percent, and up to twenty five pement, of a
standard subdivision yield include construction of "affordable" homes that will remain affordable in
perpetuity. This legislation provides for an increased density "bonus" for the developer that elects to
build the full twenty five pement requirement within the subdivision, but also provides the option for
the builder to construct only ten percent of the yield as affordable and meet the remaining requirement
with a payment to the Town's Housing Fund or a donation of property suitable for construction of
affordable homes elsewhere in the Town.
This affurdable housing requirement has been crafted in response to the Town-wide consensus
that there is a housing "crisis" within the Town. The DGEIS Housing Needs Assessment concluded
that "modest efforts to provide affordable housing in the Town xvill not succeed due to escalating real
estate prices." As documented in the report of Philip Beltz, Special Projects Coordinator for the Town
of Southold, entitled "Recommendation for Inchisionary Zoning", the past efforts of the Town to
create affordable housing have not been successful, largely iii part due to the escalating real estate
prices and lack of requirement for affordability in perpetuity. The report shows that the average sales
price for a single-family home in 2001-2002 was $390,493.00, while the median household income
documented in the 2000 census was $49,898.00. In April and May of 2004, joint meetings were held
with the Town Board and the Village Board of Greenport regarding affordable housing and the
proposed annexation of portions of the Town to the Village. While the Boards differed in their
approach to the issue, all agreed that affordable housing is among the most critical of issues facing the
Town today. There was lengthy public input at the May meeting, with an overwhelming cry for
solutions to the affordable housing shortage.
The Town Board has been making progress towards addressing the affordable housing
shortage. Discussions regarding the issue have dominated work sessions and board meetings for
several months. In May 2004, the Town Board passed a resolution (again following a lengthy public
hearing where the consensus shoxved a need to address the crisis) to create a Housing Fund. The
creation of the fund provides the necessary vehicle through which the Town can obtain funding, create
programs and provide other financial opportunities that will increase housing opportunities for
residents of Southold. In late June 2004, the Town Board passed amendments to the Affordable
Housing District (AHD). These amendments provide for perpetual affurdability of homes that are
developed under this zoning. At the present time, there are no pending applications to rezone a
property to AHD.
The Special Projects Coordinator has appeared at several work sessions over the past months
and presented information and research regarding inclusionary zoning. This intbrmation has been
summarized and prepared in report fom~ for the Town Board in the report mentioned above.
Inclusionary zoning has been implemented in regions throughout the country, and it refers to local
ordinances that mandate or encourage residential developers to include affordable housing units in
subdivisions. These programs are most successful in strong housing markets xvhere land prices have
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eliminated the construction of affordable housing units, as in Southold. Mr. Beltz's report illustrates
the statistic that in June 2000 there were 21 houses available for sale in the "under $300,000" range,
and in June 2004, there were none. That same week in June 2004 showed the average price of a home
for sale was $797,828.00. Mr. Beltz's report recommends the application of a formula requiring that
25% of all residential lots in new subdivisions be designated as affordable. The Town Board expressly
adopts this report and recommendations dated July 26, 2004 with the passage of this revised
Subdivision Code. Research has shown that inclusionary zoning formulas throughout the country have
ranged from 10-35% required affordable units in a subdivision. As a result of the clear need, the crisis
at hand, and the shortage of affordable property, the Town Board has imposed this affordable housing
requirement to benefit the community.
Section 2. CODE AMENDMENT.
Chapter Al06 of the Town Code of the Town of Southold is repealed in its entirety and
replaced with the following:
Chapter Al06
SUBDIVISION OF LAND
ARTICLE I.
General Provisions
§ Al06-1. Authority.
This chapter is enacted pursuant to authority conferred in Article 16 of the Town Law of the
State of Nexv York, the Statutes of Local Goverm~¢nts of the State of New York and the Municipal
Home Rule Law of the State of New York.
§ A106-2. Purpose.
1 These regulations are promulgated to provide for the orderly growth and coordinated
development of the Town~ to protect the comfort, convenience~ safety~ health and welfare
of its people and to insure that the review and approval of subdivisions is based on the
following considerations:
A Preservation of certain lands~ including farmland~ open space and recreational
landscapes.
B Preservation of the rural~ cultural and historic character of the Town's hamlets and
surrounding countryside.
C Preservation and protectlon of the Town's remaining natural environment.
D Encouragement of a range of housing and business opportunities to support socio-
economically diverse communities.
E Promotion of transportation efficiency~ intermodal transportation hubs and attractive
alternatives to automobile travel~ while preserving the scenic and historic attributes of
roadways in the Town.
FCreation of affordable housing opportunities for residents of the Town.
ARTICLE II
Definitions
§ A106-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
AGRICULTURE - The production, keeping or maintenance, for sale or lease of plants and animals
useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or
all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts
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and berries, herbs, vegetables; floral ornamental and greenhouse products; or lands devoted to a soil
conservation or forestry management program.
AGRICULTURE RESERVE AREA - A parcel of land which is set aside in a subdivision in
perpetuity for conservation of agricultural lands and continued use for agriculture.
APPLICANT - Any person, firm, corporation, partnership or association xvho shall lay out, for the
purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or
others.
BUFFER AREA - Portions of a parcel ~vhere existing or man-made terrain is used and designed to
protect sensitive, natural and cultural resources including landforms, surface xvater, habitat, vegetation
and aesthetic or scenic vistas.
BUILDABLE LANDS - The area of a lot or parcel, not including the square footage of tidal and
freshwater wetlands, land seaward of the Coastal Erosion Hazard Area Line, beaches, bluffs,
primary dunes, secondary dunes, underwater lands, land subiect to the transfer, sale or
extinguishment of development rights and other restrictions that prevent the use of such land for
construction of buildings or other development. The terms "wetlands," "beaches," "bluffs," and
"underwater lands" shall have the meanings set forth in Chapter 97 of the Town Code,
Wetlands and Shoreline. The terms "Coastal Erosion Hazard Area Line", "primary dunes" and
"secondary dunes" shall have the meanings set forth in Chapter 37 of the Town Code, Coastal
Erosion Hazard Area.
CLERK OF THE PLANNING BOARD - The individual appointed by the Planning Board to perform,
among other things, the duties set forth in Article 16 of New York State Town Law.
CLEARING - Any activity that removes the vegetative ground cover and/or trees including but not
limited to, root mat removal and/or topsoil removal, or ground-disturbance, including grading.
CLUSTER - A subdivision designed in accordance with Article XI of this Chapter, pursuant to the
provisions of New York State New York State Town Law, Section 278.
COMMON DRIVEWAY - A mutual ingress and egress shared by not more than txvo (2) lots to a
public street or highway, which complies ~vith the Standard Details and Specifications set forth in this
chapter.
COMPREHENSIVE PLAN - The materials, written and/or graphic, including but not limited to maps,
charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives,
principles, guidelines, policies, standards, devices and instruments for the immediate and long-range
protection, enhancement, growth and development of the town located outside the limits of any
incorporated village.
CONSERVATION -- The protection of natural and man-made features, resources or systems and
cultural features in their natural or existing condition, but with allowance for human use or
intervention in an environmentally sound and nondestructive manner, including the management of
wetlands or the use of soils for agriculture.
CONSERVATION AREAS, PRIMARY - Primary consetwation areas shall be comprised of areas
consisting of freshwater and saltxvater wetlands, underwater lands, beaches, lands lying within a 100
year floodplain, slopes equal to or exceeding 15 percent, areas located seaxvard of the Coastal Erosion
Hazard Line and lands subject to easements or other restrictions preventing use of such land for
construction of buildings or development.
CONSERVATION AREAS, SECONDARY - Secondary Conservation areas shall be comprised of
areas contributing to Open Space, Recreation and Environmental Resources. Areas include all
imposed (i.e. scenic) and jurisdictional buffers (i.e., 100' from xvetland boundary), prime farmland,
woodlands, aquifer recharge areas, natural floodplains and drainage patterns, areas containing
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protected species, significant wildlife habitat areas, historic, archeological or cultural features listed (or
eligible to be listed) on national, state, county or local registers of inventories, trails and recreational
areas, and scenic views into the property from adjacent properties and existing public roads.
CONSERVATION EASEMENT - A permanent restriction on the use of land for the purpose of
preserving or conserving natural or man-made features, resources or systems, including agriculture,
forest, recreational or open space uses.
CONSERVATION SUBDIVISION - A subdivision which meets either of the following two sets of
requirements: (a) at least seventy-five (75) percent of buildable lands will be permanently preserved
and protected from all residential or commercial development by means of the sale, transfer, girl or
extinguishment of development rights, and in which density is reduced by at least seventy-five (75)
percent of the permissible density of the subject parcel according to zoning (a "75/75" conservation
subdivision"); or (b) at least eighty (80) percent of buildable lands will be permanently preserved and
protected from all residential or commercial development by means of the sale, transfer, gift or
extinguishment of development rights, and the inclusion of clustered open space of the permitted yield,
and in which density is reduced by at least sixty (60) percent of the permissible density of the subject
parcel according to zoning (an "80/60" conservation subdivision"). Those uses of preserved land
permitted by the Town Board pursuant to legislation shall be permitted.
CROSSWALK - A fight-of-way dedicated to public use, ten (10) feet or more in width, which
facilitates pedestrian access to adjacent streets and properties.
CUL-DE-SAC (COURT) - The turnaround at the end of a dead-end street.
CULTURAL FEATURES - Paleontological and archaeological remains~ historic buildings~
structures or sites~ trails~ and agricultural fields.
DRAINAGE RIGHT-OF-WAY The lands required for the installation of storm water recharge
basins or drainage ditches, or required along a natural stream or watercourse for preserving the
existing channel and providing for the flow of raimvater into it in order to safeguard the public against
damage by flooding.
EASEMENT - A permanent restriction on, or grant to permit, the passive or active use of the land for
a specific purpose or purposes.
ENGINEER-- The duly designated engineer or engineering inspector of the Town Engineering Office
of the Toxvn of Southold.
EXISTING RESOURCE AND SITE ANALYSIS PLAN (ERSAP) An analysis conducted in
accordance with §A 106-11 o f this Chapter.
FINAL PLAT - A map to be filed xvith the Planning Board and County Clerk showing the final
arrangement of lots, blocks, streets, drainage and other anticipated improvements, parks, open space or
agriculture reserve areas shown on the subdivision, if any.
FINAL PLAT APPROVAL -- The approval by Planning Board resolution and the signing of a final
plat by a duly authorized officer of the Planning Board.
GRADING - A redistribution of soil or rock to effect a change in topography, elevation or natural
grade.
FLOOD PLAIN OR FLOOD PRONE AREA Any area identified by Chapter 46 of the Town Code,
Flood Damage Prevention.
IMPROVEMENT - Any alteration of land from its natural state or condition.
LOT - The unit or units into which land is divided, either as undeveloped or developed sites.
EOT LINE MODIFICATION - See definition of"Re-subdivision".
NATURAL BUFFER A naturally vegetated area along the boundaries of a subdivision, lot or parcel.
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NATURAL FEATURES~ RESOURCES OR SYSTEMS - All components of the natural
environment, including, without limitation, water bodies, drainage courses, freshwater and tidal
wetlands, dunes, bluffs, beaches~ woodlands, shrublands, grasslands~ large trees, glacial erratics~
unique or unusual plants and trees, wildlife habitat and scenic views or overlook areas~
significant or prime agricultural soils and all combinations thereof.
OFFICIAL MAP -- The map established by the Town Board pursuant to law, showing streets,
highways, drainage rights-of-~vay, park areas, both existing and proposed.
OPEN DEVELOPMENT AREA - An area or areas established by the Town Board pursuant to
§280-a of the New York State Town Law.
PARK DEDICATION - A dedication or reservation of land in a subdivision for active or passive park
purposes, exclusive of lands to be used for drainage recharge.
PARK AND RECREATION FEE - Money paid in lieu of a park dedication to the Toxvn of Southold
Park and Recreation Fund for use in the acquisition or capital improvement of Toxvn parks and
recreation facilities.
PERFORMANCE BOND - A bond executed by the owner with security acceptable to the Town
Board to insure the completion of the required public improvements in accordance with an
estimate approved bv the Office of the Town Engineering office.
PLANNING BOARD or BOARD - The Planning Board of the Town of Southold, Suffolk County,
New York.
PRELIMINARY PLAT - The map prepared prior to the final plat for the guidance of the Applicant
and the Planning Board, in the manner prescribed by these regulations,
shoxving the arrangement of lots, blocks, streets, drainage, and other anticipated improvements, parks,
open space or agriculture reserve areas shown on the subdivision.
PRESERVATION -- The protection of natural and man-made features, resources or systems and
cultural features in their natural or existing condition for restrictive m~d non-consumptive use.
RECREATION, ACTIVE - Recreational use of land requiring its substantial improvement
including but not limited to playin~ fields, tennis courts, swimmin~ oools and the like.
RECREATION, PASSIVE -- Recreational use of land requiring little or no improvement, including
but not limited to a trail.
RE-SUBDIVISION - A subdivision of property which involves redrawing the original lot lines to
combine lots for building purposes where no lot has been developed or the further division or
alteration of lot lines or dimensions of any lots or sites shoxvn on a plat previously approved and filed
in the Office of the Suffolk County Clerk.
SEQRA - The New York State Environmental Quality Review Act and its implementing regulations.
STREET OR RIGHT-OF-WAY WIDTH - The distance between property lines, measured at right
angles to the center line of the street used to provide vehicular access to a lot or parcel.
STREET, COLLECTOR - A street or highxvay which serves or is intended to serve as a major
collector road within the Town and which provides access to State Road 25 and County Route 48 from
local streets.
STREET, ARTERIAL - A main street or highway carrying a high proportion of the traffic within the
Town of Southold, and including State Route 25 and County Route 48.
STREET, LOCAL A local street or road which serves or is intended to serve as the primary means
within neighborhoods and subdivisions and xvhich is the main means of access to a Collector or
Arterial street.
SUBDIVISION - The division of any tract or parcel of land into two (2) or more lots, whether or not
such division creates new streets or extends existing streets. Subdivision shall also include a re-
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subdivision.
TRAIL - A path, walk or way svhich may be on the ground or elevated on a board or catwalk
and may be used for hiking, walking~ horseback riding or other similar recreational pursuit but
excluding motorized vehicles. This shall include existing trails as well as trails created pursuant
to this chapter.
YIELD - The number of lots into which a tract, parcel or lot of land may be lawfully divided.
ARTICLE III
General Subdivision Requirements, Classification
§ A106-4. General Requirements.
Any subdivision within the Town of Southold must:
Demonstrate conformance with the various parts of the Comprehensive Plan, adopted
addendum, plans and studies, the Town Code and the Official Map.
2 Achieve a desirable relationship to the general land form, its aesthetic character, topographic
and geologic character, to natural drainage, to the recharge of the groundwater reservoir and to
floodplain and ecological concerns; including provisions for the treatment and containment of
surface water runoff.
3 Demonstrate such character that it can be used safely for building purposes xvithout danger to
health or peril from fire or flood or other menace.
4 Demonstrate such character that it is not a menace to neighboring properties or the public
health, safety and welfare.
5 Provide desirable standards of design for pedestrian and vehicular traffic, surface water runoff,
utility services and building sites for the land use contemplated. All proposed lots shall be so
laid out and of such size as to be in harmony with the development pattern of the neighboring
properties.
6 Include flexible design to promote the planning objectives of the Comprehensive Plan, to
realize development and maintenance economies and to provide for a variety of housing types.
7 Provide for facilities associated with the contemplated use, including, but not limited to, parks,
recreation areas, school sites, firehouses, fire wells and off-street parking.
8 Preserve and protect such natural resources and assets as lakes, ponds, streams, tidal waters,
wetlands, beaches, dune lands, steep slopes, bluffs, prime agricultural soils, flora, l?auna,
general scenic beauty, archeological and historic features of the Town.
9 Provide streets of sufficient width, grade and location to accommodate the prospective traffic,
to afford adequate light and air, to facilitate fire protection and to provide access of
fire-fighting equipment to buildings, and to promote a pedestrian based transit system.
10 Protect and preserve the ecologic function and health of creeks, the Peconic Bay Estuary, the
Long Island Sound and all tributaries to them including all tidal and freshwater wetlands.
§ A106-5. Subdivision Classifications.
A. Applicants may submit the following types of applications for consideration by the Planning
Board:
1. Standard Subdivision.
2. Conservation Subdivision.
B. Each subdivision shall conform to the applicable provisions of Article 16 of Town Law and
this Chapter.
C. Applicants are encouraged to request a pre-submission conference to review the requirements
and proposed application.
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ARTICLE IV.
General Procedure, Submission Requirements, Fees
§ A106-6. General Procedure.
A. Each application to the Southold Town Planning Board for approval of a subdivision of land
shall be submitted and reviewed in the following stages, except as indicated:
1. Sketch plat review.
2. Preliminary plat revie~v (Standard subdMsions only).
3. Final plat review.
B. No application for a review or approval under this chapter shall be deemed to be complete
unless all fees therefore have been remitted to the Planning Board and the application complies
with the provisions of this chapter, the Town Code, and all other applicable requirements.
C. No construction, improvement, grading or clearing of land or other disturbance of existing
conditions shall be commenced or undertaken on land for which an application has been filed
pursuant to this Chapter until final approval of the application has been granted, except as
expressly provided herein.
D. Nothing herein shall prevent an applicant from presenting land or reducing density to a greater
extent than set forth by the minimum requirements set forth in this chapter.
§ A106-7. Submission Requirements.
Every application for subdivision shall include the following items during the review process
indicated:
A Standard Subdivision
1 Sketch Plat Review
(a) Sketch Plan Application Form;
(b) Fee;
(c) Long Environmental Assessment Form;
(d) Existing Resources and Site Analysis Plan;
(e) Yield Plan;
(f) Primary and Secondary Conservation Area Plan;
(g) Coastal Assessment Form (as applicable).
2 Preliminary Plat Reviexv (a) Preliminary Plat Application Form;
(b) Fee;
(c) Preliminary Plat;
(d) Draft Road and Drainage Plan.
3 Final Plat Review
(a) Final Plat Application Form;
(b) Fee;
(c) Final Plat;
(d) Final Road and Drainage Plan.
B Conservation Subdivision
l. Sketch Plat Reviexv
(a) Sketch Plat Application Form;
(b) Fee;
(c) Long Enviromnental Assessment Form;
(d) Existing Resoumes and Site Analysis Plan(s) [ERSAP];
(e) Yield Calculation.
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(f) Primary and Secondary Conservation Area Plan.
(g) Coastal Assessment Form (as applicable).
2.Final Plat Review or Open Development Area [ODA]
(a) Final Application Form;
(b) Final Plat (not applicable for an ODA);
(c) Road and Drainage Plan and Performance Bond Estimate (not applicable for an ODA);
(d) ODA Map (ODA only).
§ A106-8. Fees.
A. Fees may be charged for review of sketch, preliminary and final plats and related
administrative activities. Such fees shall be paid upon submission of the application.
B. Fee, Schedule, Applications
Subdivision Classification
Standard Subdivision
Sketch Plat
Preliminary Plat
Final Plat
Conservation Subdivision Sketch & Final Plat
Sketch & Open Development Map
Creation of Eot within ODA Map
Lot Line Application
Application Fee
Fee Per Lot
$1000. $750.
$1000.
$ 500.
$ 5OO. $35O.
$ 500.
$350.
$ 500.
Environmental Review Fees. The Planning Board may charge the Applicant appropriate fees
to cover the cost of required environmental review, as permitted by the State Environmental
Quality Review Act (SEQRA).
§ A106-9. (Reserved)
§ Al06-10. Submission.
A.
ARTICLE V
Sketch Plat Review
The Applicant shall submit to the Planning Board twelve (12) copies of the sketch plat and
other required materials, along with the required fee. The Planning Department staff shall
conduct a site inspection upon receipt of an application.
B. Upon request, the Applicant shall meet with the Planning Department staff to discuss the
objectives and applicability of these regulations inclusive of, but not limited to, the
requirements for street improvements, drainage, sewerage, water supply, fire protection and
other similar aspects as well as the availability of existing services and other pertinent
information.
§ Al06-11. Technical Requirements.
A Sketch Plat shall be prepared at a scale of 1" = 100' and shall include the following:
A. Existing Resources and Site Analysis Plan(s) (ERSAP).
l. Purpose. The purpose of the Existing Resoumes and Site Analysis Plan(s) (ERSAP) is to
provide the Applicant and the Planning Board with a comprehensive analysis of existing
conditions, both on the proposed development site and within 500 feet of the site.
Conditions beyond the parcel boundaries may be described on the basis of existing
published data available from governmental agencies, and from aerial photographs.
2. Reviexv. The Planning Board shall review the ERSAP to determine its accuracy and
completeness, and may request additional information necessary to comply with this
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4.
5.
6.
section.
Exceptions. The Planning Board reserves the right to xvaive one or more of the ERSAP
information requirements set forth herein for Conservation Subdivisions.
Preparation. The ERSAP must be prepared by a licensed Nexv York State Licensed
Surveyor, Architect and/or Engineer.
Scale. Unless otherwise specified by the Planning Board, an ERSAP shall be prepared at
the scale of 1 "=100', with a key explaining information and symbols on the plat.
The folloxving information shall be included on the ERSAP:
a. All existing structures.
b. Topography, the contour lines of which shall be at five-foot intervals, determined
by photo-grammetry (although ten (l 0)-foot intervals are permissible beyond the
parcel boundaries, interpolated from published U.S. Geological Service "USGS"
maps).
i. Slopes equal to or greater than fifteen (l 5) percent shall be clearly indicated.
c. Water resources:
i. Wetlands pursuant to the Freshwater Wetlands Ace_, Env±ronmentzal
Conservation Law ("ECL") §24-0101, et. seq., the Tidal
Wetlands Act, (ECL) §25-0101, et. Seq., and Chapter 97 "Wetlands
and Shoreline" of the Code of the Town Of Southold.
ii. Sole Source Aquifers and/or Aquifer Recharge Areas.
iii. Municipal water supply watershed areas.
d. Flood-prone areas as shown on Federal Emergency Management Agency (FEMA)
e. Maps and other information pursuant to Chapter 46 of the Town Code (Flood
Damage Prevention).
f. Areas legally protected by the County of Suffolk, the Town of Southold, private
trusts, qualified conservation organizations or other entities or agencies as shown on
the Town of Southold Protected Lands Map, including all abutting parcels.
g. Vegetative types described by plant community, relative age and condition on the
property according to:
i. General cover type including cultivated land, permanent grass land, old
field, hedgerow, woodland and xvetland.
ii. Isolated significant trees with a diameter breast height (DBH) in excess of
eighteen (18) inches, the actual canopy line of existing trees and woodlands.
h. Soil series, types and phases, as mapped by the U.S. Department of Agriculture,
Natural Resources Conservation Service in the Suffolk County Soil Survey, and
accompanying data published for each soil relating to its suitability for a=m-iculture
and construction (and, in un-sexvered areas, for septic suitability).
i. Top of bluff lines identified and delineated together with the Coastal Erosion
Hazard Area Line pursuant to Chapter 37 of the Toxvn Code (Coastal Erosion
Hazard Area).
j. Scenic Viewsheds and Special Features:
i. Sites bordering designated State, County or Town Scenic By*rays and
Corridors, "special features" identified in the Town's Comprehensive Plan
and all subsequent updates.
ii. A viewshed analysis shoxving the location and extent of views into the
property from public lands, roads and from public parks, public forests, and
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state game lands.
k. Locations and dimensions of all existing public and private streets, roads, buildings,
utilities and other man-made improvements.
1. Locations of all archeological and historically significant sites or structures of
national, state or local significance on the tract or on any abutting tract.
m. Locations of trails in current use or of historic use (pedestrian, equestrian, bicycle,
etc.) or those proposed on the Toxvn of Southold Trail map.
n. All easements and other encumbrances affecting the parcel filed with the Suffolk
County Clerk's Office.
o. Agricultural lands:
i. Location and delineation of any active agriculture operation, active rain, land
within a New York State certified Agricultural District, lands ~vithin 2,000
feet of a New York State certified Agricultural District, or soils classified
and mapped as Suffolk County and State Prime Farmland Mapping Units, of
the New York State Soil Classification System or areas legally protected by
the County of Suffolk, the Town of Southold, private trusts or other entities
or agencies.
ii. Areas identified in the Southold Town Farm and Farmland Protection
Strategy 2000 and in the most current version of the Southold Town
Farmland Inventory.
p. Location of community water and/or sewer; whether available or planned.
q. Critical Environmental Areas: Lands xvithin or contiguous to a Critical
Environmental Area designated pursuant to Article 8 of the Environmental
Conservation Law.
r. Significant natural areas and features:
i. Areas with endangered and threatened vegetation.
ii. Significant habitats, or habitats of endangered, threatened or special concern
species as determined by the New York Department of Environmental
Conservation (Natural Heritage Program);
iii. Mature forests over 100 years old;
iv. Locally important vegetation;
v. Unique natural or geological formations based on available published
information or more detailed data obtained by the Applicant.
s. Recreation: lakes, ponds or other significant recreational areas, or opportunities or
sites designated in the Town's Comprehensive Plan and updates to it.
t. If the application applies to real property within five hundred feet of any of the
folloxving, the location off
i. the boundary of any city, village or town;
ii. the boundary of any existing or proposed county or state
park or other recreation area;
iii. the right-of-way of any existing or proposed county or state
parkxvay, thruway, expressway, road or highway;
iv. the existing or proposed right-of-way of any stream or
drainage channel owned by the county or for which the
county has established channel lines; or
v. the existing or proposed boundary of any county or state
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B. Yield Plan
1.
2.
owned land on which a public building or institution is
situated.
Purpose. The purpose of the yield plan is to determine the allowable density.
Standard Subdivision. A yield plan shall be prepared for a standard subdivision in
accordance with the requirements of this section and shall include a requirement to provide
affordable housing.
a. Density - The permitted number of dwelling units shall not exceed the
number of units that, in the Planning Board's judgment, would be permitted if the
land were subdivided into lots conforming to the minimum lot size and density
requirements of this chapter applicable to the zoning district (or districts) in xvhich
such land is situated and conforming to all other requirements of the Town Code.
b. Total lot yield shall be determined on buildable lands only. Subdivision design
shall exclude the following features, unless applicant shall have obtained a permit
from all relevant regulating authorities approving the applicant's right to place
residential structures in the subject areas:
i. All underwater lands.
ii. Tidal wetlands or freshwater xvetlands, as defined in state and local
regulations.
iii. Bluffs, primary dunes and secondary dunes.
iv. Beaches below mean high water, as defined by the United States Coast and
Geodetic Survey or latest Tidal Wetlands Survey, and any beach or area
lying between this line and the Coastal Erosion Hazard Line.
v. Areas required for park dedication pursuant to this Chapter.
vi. Areas required for recharge basins or for natural area recharge.
vii. Areas required for public or private right-of-ways.
viii. Areas required for utilities or public facilities, except that minor utility
easements of direct service to the subdivision may be included.
ix. Areas for ~vhich the development rights have been transferred, sold or
extinguished.
x. Areas xvhich the Planning Board shall determine to be of such character that
they cannot be used safely for building purposes xvithout danger to health or
peril from fire, flood, drainage or other menace to neighboring properties or
the public health, safety and welfare.
c. Affordable Housing Requirement. Every nexv standard residential subdivision
involving the creation of five (5) or more lots shall comply with the requirements
herein to provide affordable housing.
i. Txventy-five percent (25%) of the lot yield as determined pursuant to
§Al06-1 lB.2 a. and b. shall be set aside as Moderate Income Family
Dwelling Units (MII:DU), as defined, created and administered under the
provisions of the Affordable Housing District, §100-50 through §100-59 of
this Code. Each MIFDU shall be created subject to covenants and
restrictions as set forth at § 100-56 or through another mechanism approved
by the Town Board that will keep units perpetually affordable. The Number
of MI]::DU units required in a subdivision shall be rounded up to the next
whole number.
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o
ii. In satisfaction of the requirement to create twenty-five (25%)
MIFDU units, the Standard Subdivision applicant shall be
required to construct no less than ten percent (10%)of the total
yield as MIFDU units in the subdivision. All subdivisions shall
have at least one constructed MIFDU unit within the
subdivision. Ihe remaining required units shall be provided by
the applicant in any of the following ways:
a. The applicant may construct dwelling units in the subdivision equal in
number to the remaining percentage, thereby providing a total of t~venty
five percent (25%) of the yield of the subdivision as MIFDU units. If
this option is chosen, the applicant will receive an increased density of
one additional lot per MIFDU lot created in excess of ten percent (10%)
under this option. The additional lots shall be built in the subdivision
and shall be M1FDU units. For each additional lot created as part of the
increased density pursuant to this option, the developer shall pay a sum
representing the cost of development rights equal to the number of
additional units created. This sum shall be set annually by Town Board
resolution and shall be based on the average cost of development rights
purchased by the Town in the previous year. The resolution in effect at
the time of the preliminary plat heating shall determine the sum to be
paid under this section. This amount shall be paid to the Community
Preservation Fund to be used according to the terms of the fund.
Alternatively, in lieu of payment, the developer may extinguish an
equivalent number of development rights on another parcel in Toxvn, in a
form approved by the Town Attorney.
b. The applicant shall pay a sum to the Town of Southold Housing Fund.
The sum shall be based on the number of required M[FDU lots not
constructed in the subdivision. The per unit sum shall be set annually by
resolution of the Town Board and shall consider factors such as the
average cost of building lots and costs of construction in the Town of
Southold.
c. The applicant may provide property ~vith development rights equal to the
number of the required MIFDU units not constructed in the subdivision,
to the Town of Southold Housing Fund, North Fork Housing Alliance,
Community Land Trust of Southold Town, or other similar organization
approved by the Town Board for the sole purpose of developing
affordable housing on the site. The property must be acceptable to the
recipient as a viable site for affordable housing development, and proof
of same must be provided to the Planning Board during preliminary plat
review.
d. If option (b) or (c) are chosen, the applicant may build any remaining
allo~ved lots in the subdivision, and they shall not be required to be
MIFDU units.
d. Yield must be further determined in consideration o f the ERSAP.
Conservation Subdivision. For all conservation subdivisions, one of the following
formulas shall be used to calculate yield.
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14
a. 75/75 Conservation Subdivision
Total Buildable Lands x Percentage of Buildable Lands not permanently
preserved (up to 25 percent) = Developable Area
Developable Area + Minimum Lot Area of Zoning District = Yield
b. 80/60 Conservation Subdivision
Total Buildable Lands + Minimum Lot Area of Zoning District = Yield on
Entire Parcel
Yield on Entire Parcel x 40% = Yield on Developable Area
Total Buildable Lands x Percentage of Buildable Lands not permanently
preserved (up to 20 percent) = Developable Area
C. Primary and Secondary Conservation Area Plan. All subdivisions shall be created in
accordance with the Primary and Secondary Conservation Area Design Process described in
this section. All sketch plans shall include the documentation set forth below.
1. Primary and secondary conservation areas as defined in §Al 06-3 shall be identified using
Existing Resources and Site Analysis Plan(s) (ERSAP) as a base map.
2. Location of House Sites. Using the information from C.1. above, the yield as determined
pursuant to this Chapter, the base map and the ERSAP, potential house sites shall be
located. House sites should generally be located not closer than 100 feet to Primary
Conservation Areas and 50 feet to Secondary Conservation Areas, taking into consideration
the potential negative impacts of residential development on such areas as well as the
potential positive benefits of such locations to provide attractive views and visual settings
for residences.
3. Alignment o f Streets and Trails.
a. A street plan shall be designed to provide access to each house, complying with the
standards identified herein and beating a logical relationship to topographic
conditions, lmpacts on proposed open space shall be minimized, particularly with
respect to crossing environmentally sensitive areas such as wetlands and traversing
slopes equal to or exceeding fifteen (l 5) percent. Existing and future street
connections may be required in order to eliminate the number of new cul-de-sacs to
be maintained by the Town and to facilitate access to and from homes in different
parts of the tract and adjoining parcels.
b. The potential location o f recreational and off-road walking trails shall also be noted.
4. Location of Lots. "Bubble" lines shall denote the proposed locations.
D. Cluster Design. The design of a cluster subdivision plat shall be pursuant to the requirements
of Article XI herein, if applicable.
E. Site Context Map: A map showing the location of the proposed subdivision within its
neighborhood context shall be submitted. For all sites, such maps shall be at a scale of l"=
100', and shall show the relationship of the subject property to natural and man-made features
existing within five-hundred (500) feet of the site. The features that shall be shmvn on Site
Context Maps include topography (from USGS maps), State and/or Federal wetlands,
woodlands over one-half acre in area (from aerial photographs), public roads and trails, utility
easements and rights of way, public land, and protected lands.
F. Field Survey: A field survey of the boundary lines of the parcel with descriptive data by
beatings and distances, made and certified by a licensed land surveyor. The comers of tract
shall also be located on the ground and marked by substantial monuments of such size and type
as approved by the Town Engineering office, and shall be referenced and shown on the Sketch
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Plat pursuant to § A-106-(11)I.
G. Proposed name of the subdivision: (The proposed name shall not duplicate any plat previously
filed.)
H. Ownership and Licensed Professional Infom~ation.
1. Name and address of legal owner of the property.
2. Name and address, including telephone number of the design professional,
Architect or Engineer responsible for subdivision design, and the design of public
improvements.
3. Name and address, including telephone number of the Surveyor responsible for
mapping and laying out the site.
I. Description
1. North arrow showing true north.
2. Tax map section, block and lot numbers.
3. Distance to the nearest existing, or platted streets, street intersections, or other
public xvays xvithin or immediately adjacent to the tract.
4. All utilities available and/or proposed including easements therefore, and all streets
which are either existing, proposed, or shown on the Official Map, if any.
5. Zoning district, including exact boundary lines of district, if more than one district,
and any proposed changes in the Zoning District lines and/or the Chapter 100
requirements applicable to the subdivision.
6. Name of any subdivisions immediately adjacent to the parcel and the name of the
owners of record of all adjacent property.
J. Existing Easements, Covenants and/or Restrictions: Liber & Page Number and text(s) for all
existing easements and a copy of the proposed restrictions on the use of the land, including
easements and/or covenants.
K. Existing Improvements.
1. Location of any existing drainage systems, sewer lines, septic systems, water mains
and lines, wells, culverts and drains on the property, ~vith pipe sizes, grades and
direction of flow.
2. Width and location of any streets or public ways or places shown on the Official
Map or Master Plan, and any updates to it, if such exists, within the proposed
subdivision, and the width, location, grades and street profiles of all proposed
streets or public ways.
3.Location and size of any existing fire control structures, fire hydrants and wells.
L. Calculations: The area of the parcel to be set aside for cluster and/or preservation purposes,
and the area to be developed shall be calculated and set forth in a table format.
§ A106-12. Review of Sketch Plat.
The Planning Board shall study the practicability of the sketch plat, considering
the requirements of this Chapter, including identified primary and secondary conservation areas.
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, storm water drainage, erosion and sediment
control, lot sizes and arrangement, the future development of adjoining lands not yet subdivided,
current zoning regulations, and the comprehensive plan.
§ A106-13. Coordination with Other Agencies.
A. Prior to granting sketch plat approval, the Planning Board may seek comment from any Town
Board appointed Committee or outside agency, including the Suffolk County Planning
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16
Commission, on any active application. Committee input must be received by the Planning
Board no more than thirty (30) days from the date of receipt by the reviewing Committee.
B. Referrals to the Suffolk County Planning Commission shall be done in accordance with Article
12-B of the General Municipal Law, and the Agreement between Suffolk County and the Town
of Southold, on the form entitled "County Zoning Referral."
§ A106-14. Action on Sketch Plat; Decision.
A. The Planning Board shall take action on the sketch plat application at a scheduled meeting of
the Planning Board. The Applicant and the public in attendance shall have the opportunity to
be heard.
B. A public hearing pursuant to Chapter 58 of this Code shall be held for sketch plat approval of
an Open Development Area subdivision.
C. The Planning Board shall determine the following:
1. Whether the submission complies with applicable standards, policies, regulations and laws;
2. Whether there are any recommendations by the Board which should be incorporated into a
preliminary plat application, (standard subdivision); or either a final plat application or an
open development area application (conservation subdivision);
3. Any other relevant comment relating to the proposed subdivision.
D. The Planning Board shall, by resolution, approve or conditionally approve, xvith or xvithout
modifications, or disapprove the proposed sketch plat.
E. Nothing shall preclude or bind the Planning Board from issuing or changing its
reconm~endations if new information or a change in circumstances arises at or prior to the next
formal application stage. No further Plamfing Board action will be taken after such expiration
until a new sketch plan application has been submitted.
§ A106-15. Expiration.
The determination by the Planning Board shall be valid for a period of six months
from the date of issuance, unless extended by resolution of the Planning Board.
§A 106-16. (Reserved)
§A 106-17. (Reserved)
ARTICLE VI
Preliminary Plat Review
§ A106-18. Waiver, Preliminary Plat Review.
If an Applicant submits a Conservation Subdivision application, the preliminary plat approval
requirement is waived and the Applicant shall proceed directly to final approval process described in
Article VII of this Chapter.
§ A106-19. Submission.
A. The preliminary plat and the supporting documents for a proposed subdivision constitute
materials to be submitted to the Planning Board for preliminary approval. The preliminary
layout shall shmv the general design of the subdivision so that the Planning Board can indicate
its approval or disapproval prior to the time that any work toxvard the final design submission is
started. Approval of the preliminary layout does not constitute an approval of the final plat, not
shall it be considered a valid basis for the construction of the required improvements or for
other commitments which depend upon its design characteristics.
B. Within six (6) months after the sketch plan approval, or any extension thereof, the Applicant
shall submit twelve (12) copies of the preliminary plat review application, preliminary plat and
other required materials, along with the required fee.
§ A106-20. Technical Requirements.
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A preliminary plat shall be prepared by a licensed land surveyor or engineer, at a
scale of 1"=100' and shall include information shown on the approved Sketch Plat including:
l. Proposed layout.
2. Name of the subdivision.
3. Name of property owner.
4. Name, address and telephone number of New York State licensed engineer or surveyor
preparing the preliminary plat.
5. Description
a. North arrow showing tree north.
b. Tax map section, block and lot numbers.
c. Distance to the nearest existing, or platted streets, street intersections, or other public
ways ~vithin or immediately adjacent to the tract.
d. All utilities, available and/or proposed, including easements therefore, and all streets
which are either existing, proposed, or shown on the Official Map, if any.
e. Zoning district, including exact boundary lines of district, if more than one district, and
any proposed changes in the Zoning District lines and/or the requirements of Chapter
100 applicable to the subdivision.
f. Name of any subdivisions immediately adjacent to the parcel and the nan~e of the
owners of record of all adjacent property.
g. Land areas proposed to be dedicated to public use and the conditions of such dedication.
h. Key Map.
6. Existing Easements, Covenants and/or Restrictions, including liber and page number.
7. Existing and Proposed Improvements.
a. Location of any existing sewers, water mains, culverts and drains on the property, with
pipe sizes, grades and direction of flo~v.
b. Width and location of any streets or public ways or places shown on the Official Map or
Master Plan, if such exists, within the area to be subdivided, and the ~vidth, location,
grades and street profiles of all streets or public ~vays proposed by the Applicant.
c. Approximate location and size of any proposed water lines, valves, hydrants and sewer
lines, and fire alarm boxes. Connection to existing lines or alternate means of water
supply or sewage disposal and treatment as provided in the Public Health Law or
Environmental Conservation Law. Profiles of all proposed water and sewer lines.
d. Storm drainage plan showing the approximate location and size of proposed lines and
their profiles. Connection to existing lines or alternate means of disposal.
e. Plans and cross-sections showing the proposed location and type of any sidewalks, street
lighting standards, street trees, curbs, water mains, sanitary servers and storm drains,
and the size and type thereof; the character, ~vidth and depth of pavements and
sub-base, the location of manholes, basins and underground conduits.
f. Preliminary designs of any bridges or culverts which may be required.
8. Preliminary Road and Drainage Plan. The developer shall submit six (6) copies of the
Road and Drainage Plans showing all typical plans, sections, profiles, details and design
calculations as needed or required to indicate the proposed construction and/or
development.
a. Road and Drainage Plans shall show all metes and bounds descriptions indicating street
and drainage areas as well as the size and type of road systems pursuant to Chapter A-
l 08, Highway Specifications, of the Code.
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b. Where indicated or required, Road and Drainage Plans shall include but not be limited to
the following:
i. Metes and bounds descriptions of all building lots indicating lot areas, proposed
building envelopes and scenic buffer areas.
ii. Utilities - indicate size and location of all below grade utilities including proposed
xvater mains, electrical conduit and transfom~er pads.
iii. Fire Wells or Fire Hydrants.
iv. The limits of all Tidal and Freshwater Wetlands within one hundred (l 00) feet of the
proposed development.
v. Topographical contours at an interval that will accurately depict the slope and
contour of the site.
vi. Road profiles and typical cross-sections.
vii. Drainage calculations and design indication all drainage structures and piping.
viii. Test hole and boring data.
ix. All existing and proposed easements indicating width, area and purpose.
x. Concrete Survey Monuments.
xi. Curbing.
xii. Sidewalks.
xiii. Street Lights.
xiv. Street Trees, including size, type and specifications for placement.
xv. Street Signs, indicating type and location.
§ A106-21. Environmental Review.
The Planning Board shall comply with the provisions of the State Environmental
Quality Review Act (SEQRA) and its implementing regulations. A preliminary plat application shall
not be considered complete until a negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance with the provisions of
SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
§ A106-22. Action on Preliminary. Plat.
The Planning Board shall study the practicability of the preliminary plat,
considering the requirements of this Chapter, including identified primary and secondary conservation
areas. 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, storm water drainage, erosion
and sediment control, lot sizes and arrangement, the future development of adjoining lands not yet
subdivided, current zoning regulations, and the comprehensive plan.
The Town Superintendent of Highways and the Tmvn Engineering Office xvill review all
aspects of the proposed subdivision, perform a field check, and submit repons to the Planning Board
with their recommendations prior to the close of the environmental review period, if any.
A. Planning Board As Lead Agency Under the State Environmental Quality Review Act: Public
Heating: Notice: Decision
1. Public Hearing on Preliminary Plats - The time within which the Planning Board shall hold
a public heating on the preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review Act as follows:
a. If such board determines that the preparation of an environmental impact statement
on the preliminary plat is not required, the public hearing on such plat shall be held
within 62 days after receipt of a complete preliminary plat by the Clerk of the
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Planning Board, or
b. If the Planning Board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact statement is held,
the public hearing on the preliminary plat and the draft environmental impact
statement shall be held jointly within 62 days after the filing of the notice of
completion of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Reviexv Act. If no public hearing is
held on the draft environmental impact statement, a public heating on the
preliminary plat shall be held within 62 days of filing the notice of completion.
2. Public Hearing; Notice, Length - The hearing on the preliminary plat shall be advertised at
least once in the official newspaper so designated by the Town Board at least five days
before such hearing if no hearing is held on the draft environmental impact statement, or
fourteen days before a hearing held jointly therewith. Notice shall be provided pursuant to
Chapter 58. The Applicant shall notify all adjoining property owners at least ten (10) days
prior to the public hearing by certified mail and shall file xvith the Board an affidavit
showing the names and addresses of those so notified, the Tax Map numbers and their
respective properties and the date of mailing of the required notices Applicant shall erect a
sign provided by the Planning Board, which shall be prominently displayed on the
premises facing each public or private street which the property involved in the application
abuts, giving notice of the application, the nature of the approval sought thereby and the
time and place of the public hearing thereon. The sign shall be set back not more than ten
(10) feet from the property line, shall not be less than two (2) feet nor more then six (6) feet
above the grade at the street line. The sign shall be displayed for a period of not less than
ten (10) days immediately preceding the date of the public hearing date or any date to
which the heating may be adjourned. The Applicant shall file an affidavit that he has
complied with this provision. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration of such
preliminary plat. The heating on the preliminary plat shall be closed upon motion of the
Planning Board within one hundred twenty days after it has been opened.
3. Decision - The Planning Board shall approve, with or without modification, or disapprove
such preliminary plat as follows:
a. If the Planning Board determines that the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board shall make its
decision within sixty-two days after the close of the public heating, or
b. If the Planning Board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact statement,
the final environmental impact statement shall be filed xvithin forty-five days
following the close of such public hearing in accordance with the provisions of the
State Environmental Quality Reviexv Act. If no public hearing is held on the draft
environmental impact statement, the final environmental impact statement shall be
filed within forty-five days following the close of the public hearing on the
preliminary plat. Within thirty days of the filing of such final environmental impact
statement, the Planning Board shall issue findings on the final environmental impact
statement and make its decision on the preliminary plat.
4. Grounds For Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board. When so approving a
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preliminary plat, the Planning Board shall state in writing any modifications it deems
necessary for submission of the plat in final form.
B. Planning Board Not As Lead Agency Under The State Environmental Quality Review Act:
Public Heating; Decision
l. Public Heating On Preliminary Plats - The Planning Board shall, with the agreement of the
lead agency, hold the public heating on the preliminary plat jointly with their lead agency's
heating on the draft environmental impact statement. Failing such agreement, the Planning
Board shall hold the public heating on the preliminary plat within sixty-two days after
receipt of a complete preliminary plat by the Clerk of the Planning Board.
2. Public Heating; Notice, Length - The heating on the preliminary plat shall be advertised at
least once in a newspaper of general circulation in the toxvn at least five days before such
heating is held independently of the heating on the draft environmental impact statement,
or fourteen days before a heating held jointly therexvith. Notice shall be provided pursuant
to Chapter 58 and as set forth above in §A106-22A.2. The Planning Board may provide
that the hearing be further advertised in such manner as it deems most appropriate for full
public consideration of such preliminary plat. The heating on the preliminary plat shall be
closed upon motion of the Planning Board within one hundred twenty days after it has been
opened.
3. Decision - The Planning Board shall by resolution approve with or without modification or
disapprove the preliminary plat within sixty-two days after the close of the public heating
on such preliminary plat.
a. If the preparation of an environmental impact statement on the preliminary plat is
not required, the Planning Board shall make its decision within sixty-two days after
the close of the public heating on the preliminary plat.
b. If an environmental impact statement is required, the Planning Board shall make its
own findings and its decision on the preliminary plat within sixty-two days after the
close of the public hearing on such preliminary plat or within thirty days of the
adoption of findings by the lead agency, whichever period is longer.
4. Grounds For Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board. When so approving a
preliminary plat, the Planning Board shall state in xvfiting any modifications it deems
necessary for submission of the plat in final form.
Extension of time. Notxvithstanding the foregoing provisions, the time in which the Planning
Board must take action on the preliminary plat may be extended by mutual agreement between
the Applicant and the Planning Board.
Filing and Certification.
1. Filing of Decision. Within five (5) business days of the adoption of the Planning Board
resolution stating the decision on the preliminary plat, the Clerk of the Planning Board shall
cause a copy of such resolution to be filed in the office of the Town Clerk.
2. Certification of Decision. Within five (5) business days of the adoption of the resolution
granting approval of the preliminary plat, such plat shall be certified as having been granted
preliminary approval by the Clerk of the Planning Board, and a copy of the plat and
resolution shall be filed in the Planning Board office and a certified copy of the resolution
mailed to the owner.
Expiration of preliminary approval; Revocation
1. Preliminary plat approval shall expire six (6) months from the date the Planning Board
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shall have adopted its resolution of approval, unless extended by further resolution of the
Planning Board, such extension not to exceed a total of 180 days. Such extension shall be
granted only if the pre-submission fully conforms to the zoning regulations in effect at the
time such extension is applied for.
2. In the event that the applicant shall fail to apply for approval of a final subdivision plat
prior to expiration of the preliminary approval, all documents required by this section shall
be resubmitted and a second preliminary filing fee shall be paid before any application for
final plat approval shall be accepted or processed.
§AI06-23. (Reserved)
ARTICLE VII
Final Plat Review
§ A106-24. Submission.
A. In order to obtain final plat approval the following applies; however, a conservation
subdivision may follow, instead, the requirements for an Open Development Area as set forth
in Article VIII of this Chapter.
B. Application for final plat approval shall be made prior to the expiration of sketch plan approval
for a conservation subdivision and or preliminary plat approval for a standard subdivision.
C. Required Documents: The final plat shall show the layout and other aspects approved by the
Planning Board in its sketch plat or preliminary plat approval, and any other conditions
imposed by the Planning Board in those approvals.
D. The application for final plat review shall include:
I. Twelve (12) paper copies and four (4) mylar copies of the final plat.
2. Five (5) copies of the Final Road and Drainage Plan.
3. Txvo (2) copies of cost estimate of public improvements required under Article X and IX of
this Chapter.
4. Fee.
5. Any other documents required by the Planning Board as a condition of its sketch plat or
preliminary plat approval.
§ A106-25. Technical Requirements.
A. The final plat shall be printed upon mylar or other base material acceptable to the County
Clerk. The size of the sheets shall be eighteen (l 8) inches by twenty (20) inches or twenty(20)
by thirty-six (36) inches, including a margin for binding of two (2) inches, outside of the
border, along the left side and a margin of one inch outside of the border along the remaining
sides. The final plat shall be drawn at a scale of no more than 1"=100' and oriented with the
north point at the top of the map. When more than one sheet is required, an additional index
sheet of the same size shall be filed showing to scale the entire subdivision with lot and block
number clearly legible.
B. The final plat shall show:
1. Proposed subdivision name or identifying title and the name of the hamlet, town and
county in which the subdivision is located, the name and address of record owner and
applicant, name, license number and seal of the professional engineer or licensed land
surveyor.
2. Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to
public use.
3. Sufficient data acceptable to the Toxvn Engineering Office to determine readily the
location, bearing and length of every street line, lot line, boundary line, and to reproduce
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such lines upon the ground. Where applicable, these should be referenced to monuments
included in the State system of plane coordinates and in any event should be tied to
reference points previously established by a public authority.
4. The length and bearing of all straight lines, radii, length of curves and central angles of all
curves, tangent beatings shall be given for each street. All dimensions and angles of the
lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of
a foot. The final plat shall show the boundaries of the property, location, graphic scale and
true north point.
5. The final plat shall also show by proper designation all public open spaces for which deeds
or easements are included and those spaces title to which is reserved by the applicant. Eor
the latter, there shall be submitted with the final plat copies of agreements or other
documents showing the manner in which such areas are to be maintained and the provisions
made therefore.
6. All offers of dedication and covenants governing the maintenance if reserved open space
shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
7. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in
accordance with prevailing Town practice.
8. Permanent reference monuments shall be both shown and constructed in accordance with
specification(s) of the Town Engineering Office. ~Vhen referenced to the State system of
plane coordinates, they shall also conform to the requirements of the State Department of
Transportation. They shall be placed as required by the Town Engineering Office and their
location noted and referenced on the plat.
9. Reference to any self imposed restrictions, and locations of any building lines proposed to
be established in this mariner, if required by the Planning Board in accordance xvith these
regulations.
10. Endorsement of the Suffolk County Department of Health and/or the Suffolk County Water
Authority.
11. A statement that a declaration of covenants and restrictions has been filed in the County
Clerk's Office and that such covenants and restrictions affect the subdivision and properties
within it.
12. MIFDU lots must be designated on the final plat.
13. The title shall identify if the subdivision is a cluster subdivision or a conservation
subdivision.
14. The final plat shall state that the subdivision has been adopted pursuant to the terms of the
amended Chapter Al06, and shall state the effective date of the amendment.
The developer shall submit six (6) copies of the Road and Drainage Plans showing all typical
plans, sections, profiles, details and design calculations as needed or required to indicate the
proposed construction and/or development.
1. Road and Drainage Plans shall show all meets and bounds descriptions indicating street and
drainage areas as well as the size and type of road systems pursuant to Chapter A-108,
Highway Specifications of the Town Code.
2. Where indicated or required, Road and Drainage Plans shall include but not be
limited to the following:
a. Metes and bounds descriptions of all building lots indicating lot areas, proposed
building envelopes and scenic buffer areas.
b. Utilities - indicate size and location of all below grade utilities including proposed
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water mains, electrical conduit and transformer pads.
c. Fire wells or fire hydrants.
d. The limits of all Tidal and Freshwater Wetlands within one hundred (100') feet of the
proposed development.
e. Topographical contours at an interval that will accurately depict the slope and contour
of the site.
f. Road profiles and typical cross-sections.
g. Drainage calculations and design indication all drainage structures and piping.
h. Test hole and boring data.
i. All existing and proposed easements indicating width, area and purpose.
j. Concrete survey monuments.
k. Curbing.
1. Sidewalks.
m. Street lights.
n. Street trees - including size, type and specifications for placement.
o. Street signs indicating type and location.
§ A106-26. Environmental Review.
The Planning Board shall comply with the provisions of the State Enviromnental Quality
Review Act (SEQRA), and its implementing regulations. When no preliminary plat is required to be
submitted, an application for final plat approval shall not be considered complete until a negative
declaration has been filed or until a notice of completion of the final enviromnental impact statement
has been filed in accordance with the provisions of SEQRA. Ihc time periods for review of such plat
shall begin upon filing of such negative declaration or such notice of completion.
§ A106-27. Coordination of Review of Performance Bond Estimate.
Upon receipt of the complete application for Final Plat approval, a copy of the cost estimate
required under Article IX of this Chapter and the road and drainage plan required under §A106-25C
shall be forwarded to the Town Engineering Office for review and compliance with Chapter Al08
Highway Specifications, and other relevant provisions of the Town Code. The Planning Board shall
accept, reject or modify the reconunendations of the Toxvn Engineering Office at a public meeting and
shall notify the applicant of its decision.
§ A106-28. Action on Final Plats Which Are In Substantial Agreement with Approved
Preliminary Plats.
When a final plat is submitted which the Planning Board deems to be in substantial agreement
with a preliminary plat approved pursuant to this Chapter, the Planning Board shall, by resolution,
approve or conditionally approve with or without modifications, grant final approval and authorize the
signing of such plat or disapprove the plat, xvithin sixty-t~vo (62) days of its receipt by the Planning
Board. Notwithstanding the foregoing provisions hereof, the time in which the Planning Board must
take action on such plat may be extended by mutual consent of the Applicant and the Planning Board.
§ A106-29. Final Plats: Not in Substantial Agreement with Approved Preliminary Plats or
When No Preliminary Plat is Required.
A. When a final plat is submitted which the Planning Board deems not to be in substantial
agreement with a preliminary plat approved pursuant to this Chapter, or when no preliminary plat is
required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the
definition provided by this Chapter the following shall apply:
1. Planning Board As Lead Agency: Public Hearing: Notice: Decision
a. Public Heating on Final Plats - The time within which the Planning Board shall hold a
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public hearing on such final plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review Act, as
follows:
i. If the Planning Board determines that the preparation of an environn~ental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held xvitbin sixty-two days
after the receipt of a complete final plat by the Clerk of the Planning Board; or
ii. If the Planning Board detemfines that an environmental impact statement is
required, and a public heating on the draft environmental impact statement is
held, the public hearing on the final plat and the draft environmental impact
statement shall be held jointly within sixty-txvo days after the filing of the notice
of completion of such draft environmental impact statement in accordance with
the provisions of the State Environmental Quality Reviexv Act. If no public
hearing is held on the draft environmental impact statement, the public hearing
on the final plat shall be held within sixty-txvo days folloxving filing of the
notice of completion.
Public Hearing; Notice Length - The hearing on the final plat shall be advertised at least
once in the official newspaper so designated by the Town Board at least five days
before such hearing if no hearing is held on the draft environmental impact statement,
or fourteen days before a hearing held jointly therewith. Notice shall be provided
pursuant to Chapter 58 and as set forth above in §A106-22A2. The Planning Board
may provide that the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The heating on the final plat
shall be closed upon motion of the Planning Board within one hundred twenty days
after it has been opened.
Decision - The Planning Board shall make its decision on the final plat as follows:
i. If such board determines that the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat xvithin sixty-two days after the
date of the public hearing; or
ii. If the Planning Board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed xvithin forty-
five days following the close of such public hearing in accordance with the
provisions of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within forty-five days following the close of the
public hearing on the final plat. Within thirty days of the filing of the final
environmental impact statement, the Planning Board shall issue findings on
such final environmental impact statement and shall by resolution conditionally
approve, with or xvithout modification, disapprove, or grant final approval and
authorize the signing of the such plat.
d. Grounds for Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
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2. Planning Board Not As Lead Agency; Public Hearing; Notice; Decision
a. Public Heating On Final Plat - The Planning Board shall, xvith the agreement of the
lead agency, hold the public hearing on the final plat jointly with the lead agency's
hearing on the draft environmental impact statement. Failing such agreement, the
Planning Board shall hold the public hearing on the final plat within sixty-two days
after the receipt of a complete final plat by the Clerk of the Planning Board.
b. Public Hearing; Notice; Length - The hearing on the final plat shall be advertised at
least once in the official newspaper so designated by the Toxvn Board a at least five
days before such heating is held independently of the heating on the drafi
environmental impact statement, or fourteen days before a hearing held jointly
therewith. Notice shall be provided pursuant to Chapter 58 and as set forth above in
§A106-22A2. The Planning Board may provide that the hearing be further
advertised in such maimer as it deems most appropriate for full public consideration
of such final plat. The heating on the final plat shall be closed upon motion of the
Planning Board within one hundred twenty days afier it has been opened.
c. Decision - The Planning Board shall by resolution conditionally approve, with or
without modification, disapprove, or grant final approval and authorize the signing
of such plat within sixty-two days after the close of the public hearing on such final
plat. The grounds tbr a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board.
i. If the preparation of an environmental impact statement on the final plat is not
required, the Planning Board shall make its decision within sixty-two days afier
the close of the public hearing on the final plat.
ii. If an environmental impact statement is required, the Planning Board shall make
its own findings and its decision on the final plat within sixty-two days after the
close of the public hearing on such final plat or within thirty days of the
adoption of findings by the lead agency, whichever period is longer. The
grounds for a modification, if any, or the grounds for disapproval shall be stated
upon the records of the Planning Board.
Final approval. Prior to obtaining the Planning Board Chair's or Vice Chair's signature of the
final plat, the developer shall have provided the following:
1. Performance bond.
2. Approval of final road and drainage plans from the Town Engineering office.
3. Schedule ofconstruction dates.
4. Copies ofrequiredpermits.
5. Proof that funds owed in accordance with the affordable housing requirement have been
paid.
Conditional approval of final plat. Conditional approval does not qualify the final plat for
recording or authorize issuance of building permits prior to the recording of the plat in the
County Clerk's office. The applicant shall have one hundred and eighty (180) days from the
adoption of a resolution of conditional approval to meet the conditions. The Planning Board
may extend this time for no more than two (2) additional periods of ninety (90) days each. The
conditionally approved final plat shall not be filed until all conditions have been met.
Filing of Decision on Final Plat. Within five (5) business days from the date of the adoption of
the resolution approving the final plat, the Chair or other duly authorized member of the
Planning Board shall cause a copy of such resolution to be filed in the office of the Town
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Clerk.
E. Final Approval, Filing, Expiration. The approved final plat shall then be signed by the
Chairperson or other duly authorized officer of the Planning Board, and fotxvarded to the
applicant for filing at the Suffolk County Clerk's Office. The final plat shall be filed by the
Applicant within sixty-txvo (62) days of the date of final approval, or such approval shall
expire. Final approval shall be determined in accordance with §276 of the New York State
Town Law.
F. Final Plat Void If Revised After Approval. No changes, erasures, modification(s), or revisions
shall be made to any final plat after it has been approved by the Planning Board, and such
approval has been endorsed in writing on the plat, unless the said plat is first resubmitted to the
Planning Board and the Planning Board approves any modifications. In the event that any such
final plat is filed without complying with this requirement, the same shall be considered null
and void, and the Planning Board shall institute proceedings to have the final plat stricken from
the records of the Suffolk County Clerk.
G. Default Under Previous Final Plat. The Planning Board shall not approve a final plat if the
applicant is in default on a previously approved final plat.
H. This Local Law is intended to supersede and amend inconsistent provisions of
Town Laxv §276(8) by eliminating the provisions for default approval resulting
from the Planning Board's failure to take any action or hold any hearing on a
preliminary or final plat within the statutory time periods.
§A106-30. (Reserved)
ARTICLE VIII
Open Development Area
§ A106-31. Establishment of an Open Development Area.
A. An applicant who has received sketch plat approval for a Conservation Subdivision pursuant to
this Chapter may apply to the Town Board for establishment of an Open Development Area
("ODA") pursuant to §280-a(4) of the New York State Town Law.
B. The Town Board may grant the applicant the right to seek future approval of the creation of
lots and the issuance of permits for the erection of structures to which access is given by right-
of-way or easement. Such right shall be in accordance with the designated zoning district and
the density and minimum lot size for the property in effect at the time of the establishment of
the Open Development Area.
C. This provision supercedes and amends New York State Town Law §265-a insofar as that
section places a limited exemption on the time within which an adoption, change or
amendment to the zoning regulations shall be applicable to a filed plat.
§ A106-32. General Requirements.
A. An Open Development Area must meet the folloxving general criteria:
1. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 zoning districts;
2. It shall provide for the perpetual preservation of seventy-five (75) percent of the buildable
land on the parcel;
3.Access to the ODA shall be provided by a tight-of-way or easement;
4. The area where the proposed lots will be located shall be in accordance with that shown on
the approved sketch plat.
§ A106-33. Submission Requirements.
The applicant shall submit the following items to the Toxvn Clerk's Office:
1. A completed petition to establish an Open Development Area;
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2. Three mylar and t~velve paper copies of a map prepared to a scale of l" = 100; and
including all information required in Article V (Sketch Plat Reviexv) and the size and
notation requirements set forth in Article VII (Final Plat Review) of this Chapter.;
3. An executed easement (permanently preserving seventy-five (75) percent
of the property fi.om residential or commercial development) between the property owner
and one o f the following entities: the Town o f S outho Id, the County o f Suffolk, another
governmental entity, or a private conservation corporation or land trust as approved by the
Town Board.
§ A106-34. Procedure.
A. Upon receipt of the items required under §A106-33, the Toxvn Board shall refer the petition to
the Planning Board for its review and specific recommendations within fourteen (14) days of
receipt of referral.
B. The Toxvn Board shall provide notice pursuant to Chapter 58 of the Town Code and shall hold
a public hearing.
C. The Town Board shall comply with the requirements of SEQRA.
D. Following receipt ol'the Planning Board's recommendation and the public hearing, the Town
Board may establish an Open Development Area consisting of a certain number of acres within
a specified portion of the proposed Conservation Subdivision. The Town Board may
incorporate such further conditions and limitations as may be prescribed by the Planning Board
by general or special rule. Such approval shall be by resolution.
E. The approved map shall be signed by the Town Supervisor within ten (10) days of the adoption
of the approving resolution.
F. The following filing procedures shall be implemented for an approved ODA:
1. The mylar maps shall be filed by the applicant xvith the County Clerk's Office as a
miscellaneous map within 62 days of the date of approval.
2. Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be
returned to the applicant and one copy shall be sent to the Planning Board office for its
records.
3. Failure to file the approved map within 62 days of the date of approval shall result in an
expiration of such approval.
§ A106-35. Creation of Lots within an ODA Subdivision.
A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit the
following items to the Planning Board office:
1. Petition to implement the ODA.
2. Twelve paper copies of the ODA showing the location and dimensions of the proposed lot
(s), in accordance with the approved ODA map.
3. Five paper copies of preliminary road and drainage plans.
4. Fee.
B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to
the Town Engineer/ng Office for an estimate of the required improvements.
C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said
estimate.
D. The Planning Board shall comply with applicable provisions of the State Environmental Quality
Review Act (SEQRA).
E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant
to Chapter 58 of the Town Code.
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F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of
the County Clerk, the Town Clerk and the Planning Board office within 62 days after approval.
ARTICLE IX
Performance Bonds and Other Security
§ 106-36. Purpose of Performance Bond.
A performance bond is posted by the applicant to guarantee to the Town that he/she will
faithfully construct or cause to be constructed the required public improvements which were an
integral part of the approved final plat and, further, that the construction shall be completed within a
reasonable period of time.
§ A106-37. Performance Bond.
A. Performance Bond estimate. The amount of the undertaking, secured by cash or certified check or
other acceptable surety, xvill be based upon the Town Engineering Office's estimate of the total
cost of the required capital improvements, Including but not limited to road clearing, trail clearing,
landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost
during the period of the life of the bond.
B. The Planning Board shall pass a resolution either approving or modifying the performance bond
estimate as recommended by the Superintendent of Highways.
C. The Town Board shall approve or disapprove the performance bond, subject to the review and
approval of the Town Attorney. If the performance bond is approved, it shall be filed with the
Town Clerk, and the Town Clerk shall notify the Planning Board, in writing, of the Toxvn Board's
action.
D. The Chair of the Planning Board shall not sign a final plat until notification by the Town Clerk of
the Town Board's approval of the performance bond.
E. After construction of the public improvements covered by the perforn~ance bond and prior to the
release of the bond, the developer shall prepare a set of the approved drainage plans and street
profiles amended to indicate as-constructed information. The developer then may apply to the
Town Engineering Office and/or Superintendent of Highways for a final inspection of the work.
When the work has been completed to the satisfaction of the Town Engineering Office and/or
Superintendent of Highways, they shall recommend to the Town Board that the performance bond
be released.
§ A106-38. Maintenance bond.
A. At the time of the release of the performance bond, a maintenance bond shall be funfished by the
developer to guarantee upkeep and the workmanship and materials of all required improvements
for a period of one year from the date of release of the performance bond by the Town. This bond
shall be in an amount which is one-third of the performance bond estimate. If the improvements
are not taken over by the Toxvn, an annual maintenance bond shall be required, annually updated
and running until the improvements are dedicated to the Town. The amount of this bond shall be
determined by the Superintendent of Highways, and the form shall be in accordance with § 106.39.
B. Where dedication of required improvements has not been accepted by the Town Board,
maintenance inspection shall be made armually by the Town Engineering office and/or
Superintendent of Highways. In the event that such required improvements are not maintained
according to the Department of Highway specifications, the Town Engineering office and/or
Superintendent of Highways shall recommend to the Toxvn Board that such maintenance bond be
declared in default and the offer of dedication shall be accepted by the Town Board.
§ A106-39. Forms of security; expiration and terms of bonds; default.
A. Fom~ of security. Any security to a bond must be provided pursuant to a xvritten security
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agreement with the Town, approved by the Town Board and also approved by the To~vn Attorney
as to form, sufficiency and manner of execution, and shall be limited to:
1. The deposit of funds in a savings passbook or a certificate of deposit (CD) issued by a bank
or trust company located and authorized to do business in the State of New York and
maintaining an office for the transaction of its business in the Town of Southold. The Town
Board may require that the savings passbook or CD be accompanied by an executed
~vithdraxval slip made payable to the Town of Southold and/or an assignment of the right to
the funds upon a default. Each passbook or CD shall also be accompanied by a letter from
the bank acknowledging the use of the passbook or CD as security to a bond and that no
funds will be released unless authorized by a resolution of the Town Board.
2. An unconditional and irrevocable letter of credit from a bank or a corresponding bank
located and authorized to do business in the State of New York. The letter of credit shall
certify the following:
a. That the creditor does guarantee funds in an amount equal to the performance bond
estimate.
b. That, in the case of failure on the part of the applicant to complete the specified
improvements within the required time period, the creditor shall pay to the Town
Board immediately, and without further action, such funds as are necessary to
finance the completion of those improvements, up to the limit of credit stated in the
letter.
c. That the letter of credit may not be withdrawn, or reduced in amount, until released
by the Toxvn Board.
d. That the term of the letter of credit shall extend at least six months past the term of
the bond.
3. Obligations of the United States of America.
4. Any obligations fully guaranteed as to interest and principal by the United
States of America, having a market value at least equal to the full amount of
the security required.
5. Upon the recommendation of the Planning Board, the Town Board may accept
a deed, transferring the fee title of real property, free and clear of any mortgage or lien,
having a value established by the Town Tax Assessor of at least 150% of the amount of the
security required, such title to be held by the Town in escrow only for the purpose of
securing the performance or maintenance required. The Town Board shall retain the fight
to reject the use of a property escrow ~vhere there is no benefit to the Toxvn or it may reject
the use of any property when the value of such property is sufficiently unstable, when it
believes that the property will be unusually difficult to sell or for other reasons such as will
inhibit the Town from exchanging the property for a sufficient amount of money to
complete the required improvements. Said deed shall be accompanied by the following:
a. AIl documents necessary for recording of the deed in the Suffolk County Clerk's
Office.
b. An agreement with the Town Board, to be filed in the Office of the Suffolk County
Clerk, stating the following:
i. That, in the event of default in performance or maintenance for ~vhich the
undertaking shall be given, the Town Board may accept the property on behalf
of the Town of Southold. In such a case, the Town may record the deed in the
office of the Suffolk County Clerk, sell such real property and apply the net
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proceeds of the sale in the same manner as if the funds had been held in a
deposit or certificate described in Subsection A(1) above.
ii. That the grantor shall pay all real property taxes on the property held in trust
during the term of the bond.
iii.That the property to be placed in trust as an improvement guarantee will not be
used for any other purpose, or pledged as a security in any other matter, unless
and until released by the Toxvn Board.
iv. That upon the completion of the work or maintenance period or when the
benefit to the Town shall haYe been received or the purpose of accepting this
form of security is deemed unnecessary by the Toxvn Board, the deed and/or
title to the subject property shall be released or conveyed to the grantor or such
other person as may be entitled to the same, free and clear of any liens or
defects, except those in existence at the time of the delivery of the deed to the
Toxvn and which continue in existence or xvhich may have thereafter been
placed thereon with the knoxvledge and consent of the owner.
v. Affidavit of title or title certification affirming that the property to be used as a
guaranty is free and clear of any encumbrances or liens at the time it is to be put
into trust.
vi. Notwithstanding the aforementioned provisions, the Toxvn Board may, in its
discretion, accept such other security as may be allowed by law, xvhere there is a
benefit to the Town.
vii. If the term of the performance bond xvill expire prior to the completion of the
public improvements, the Town Engineering Office and/or Superintendent of
Highways shall recommend to the Planning Board either that the term of the
bond be extended to permit completion of the work by the Applicant or that the
bond be declared in default. The Planning Board shall advise the Town Board,
by resolution, if its recommendation is for the extension or default of the bond.
The Town Board shall act on the extension or declaration of default on the
performance bond.
viii. The performance bond shall have a term of two years. The term and
requirements of a performance bond may be extended or modified by the
Planning Board, in consultation with the Toxvn Engineering Office and the
Superintendent of Highways, with the approval of the Town Board.
B. Default. In the event that any required improvements have not been installed as provided in this
section within the term of such security agreement, the Town Board may thereupon declare the
said performance or maintenance bond or security agreement to be in default and collect the sum
remaining payable thereunder; and upon the receipt of the proceeds thereof, the town shall install
such improvements as are covered by such security and as commensurate with the extent of
building development that has taken place in the subdivision but not exceeding in cost the amount
of such proceeds.
ARTICLE X
Required Public Improvements,
Inspections, Fees
§ A106-40. Required improvements and utilities.
A. All public improvements shoxvn on the final plat and final road and drainage plans will be required
and must be bonded.
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B. The folloxving public utilities will be required, but bonding is not required. Assurance of
construction fi.om the appropriate private company or public agency must be supplied to the
Planning Board by the applicant.
i. Fire hydrants as specified by the Fire Commissioners (only when water
mains are to be installed).
ii. Sewage disposal facilities when specified by appropriate agencies.
iii. Utilities, including but not limited to electric, gas, telephone and
television, all of which must be located underground. The applicant shall
provide a letter from each public utility company stating that the company
will make the necessary installations for its service. These letters shall be
submitted ~vith the performance bond provided pursuant to §A106-37.
C. Public improvements subject to the bonding requirements of this Chapter shall be constructed in
accordance with Chapter Al08, Highway Specifications.
D. Fire wells shall be installed according to the specifications of the respective fire district. Upon
completion of the installations, the applicant shall arrange for appropriate testing of the wells to the
satisfaction of the respective fire district prior to release of the performance bond.
E. Site preparation. Site preparation and construction of the required public improvements shall not
begin until (1) the final plat has been signed by the Chairman or the Vice Chairman of the Planning
Board and the final plat has been duly recorded in the Office of the Suffolk County Clerk: or (2) if
such work is to be performed xvithout posting a performance bond, such ~vork shall not begin until
a resolution conditionally approving the final plat has been adopted by the Planning Board, and
any conditions set forth therein required to be met prior to beginning such work shall have been
complied with.
§ A106-41. Inspection of improvements.
A. Ail bonded improvements shall be inspected by the Toxvn Engineering Office and
Superintendent of Highways to ensure satisfactory completion.
B. At least 48 (forty-eight) hours' notice shall be given to the Town Engineering office and
Superintendent of Highways prior to any major construction or installation so that a
representative of the Town may be present when the work is performed.
i. The developer shall supply the Toxvn Engineering Office and
Superintendent of Highways with a schedule of construction indicating the
beginning and completion dates of each of the following phases of work:
a. Cleaning and grubbing.
b. Drainage pipe installed with other drainage structures before backfilling and
recharge basin excavation.
c. Road sub base analysis.
d. Curbing and sidewalk.
e. Placement of road base course materials.
f. Finished roadway pavement materials.
g. Landscaping and fencing.
h. Sidewalks.
ii. No work on any item in this subsection shall begin on a week-end or legal
holiday.
C. The developer shall notify the Town Engineering office and Superintendent of Highways, in
writing, at least five days prior to the completion of each of the above phases of construction.
D. Construction testing of roadxvay pavement materials shall be performed in accordance with the
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requirements of the mad and drainage standards for the Town of Southold.
The Town Engineering office shall coordinate the placement of the folloxving improvements,
with the developer and the utility company:
1. Water mains and hydrant connections, prior to backfilling.
2. Fire well.
3. Placement of underground electric, telephone or television cables.
4. Placement ofundergrotmd lines/mains.
5. Installation of all underground drainage structures prior to backfilling.
F. A final inspection of all improvements shall be made by the Town Engineering office and/or
Superintendent of High~vays to determine whether the work is satisfactory and in substantial
agreement with the approved final plat drawings, design standards of these regulations and the
construction specifications for subdivisions. The general condition of the site shall also be
considered. If it appears likely that hazardous conditions exist or may arise, the Town
Engineering office and/or Superintendent of Highways may require that special measures be
taken by the developer.
G. All development greater than a cumulative area of one acre shall require Phase II
Stormwater/erosion control mitigation requirements as set forth by federal and state regulations
including SPDES General Permit for Stormwater Discharges from Construction Activity (GP-
02-01).
· § A106-42. Administration fee.
A. Adnfinistration fees shall be required for subdMsion map review, project coordination and
field inspections by the Town Engineering office.
B. This fee shall be equal to six (6) pement of the adopted final total cost of capital improvements
(performance bond estimate), including but not limited to roads, clearing and drainage.
C. When new road construction is not part of the subdivision (subdivision on an improved road),
the Applicant shall pay a review fee equivalent to txvo thousand (5;2,000) dollars per lot or six
(6) pement of the bond estimate, whichever is greater.
D. All checks shall be made payable to the Town of Southold.
E. Ifa subdivision is abandoned, no part of the administration fees already paid to the Town will
be returned to the Applicant.
§ A106-43. Waiver.
With the approval of the Town Engineering Office and the Highway Superintendent, the
Planning Board may waive the provision of any or all required improvements which required in its
judgment and considering the special circumstances ora particular plat or plats, are not required in the
interests of the public health, safety and general ~velfare. For each ~vaiver granted, the Planning Board
shall enter upon the records its 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.
§ A106-44. Safeguards during construction.
In order to prevent flooding, erosion or any other dangerous or hazardous condition from
occurring during the progress and completion of required improvements, the Planning Board may
require the developer or his agents to take any action, including the construction and/or installation of
temporary facilities, as the Town Engineering Office may reconmaend. Such recommendations may
not supercede state requirements under SPDES permit GP-02-01.
§ A106-45. Modification of Design of Improvements.
If at any time before or during the construction of the required improvements, the Town
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Engineering Office, the High~vay Superintendent and the Planning Board detemfine that unforeseen
conditions make it necessary or preferable to modify the location or design of any required
improvements, the Toxvn Engineering Office may, upon approval of the Planning Board and with the
concurrence of the Highway Superintendent, authorize such modifications, provided they are within
the spirit and intent of the Planning Board's prior approval and do not extend any xvaiver or constitute
a substantial alteration of the function of any improvements required by the Planning Board. The
Toxvn Engineering Office shall issue any authorization under this Section in writing and shall transmit
a copy of such authorization to the Planning Board prior to its next regular meeting.
§ A106-46. Mapping of Completed Improvements; Monuments.
A. The required improvements shall not be considered to be completed until their installation has
been approved by the Town Engineering Office and a map satisfactory to the Planning Board
has been submitted indicating the location of monuments marking all underground drainage
utilities as actually installed and the comers of all new lots created by the developer.
B. Where field conditions necessitate modifications to the approved road and drainage maps, the
Town Engineering office shall have the right to require amended maps for the public record.
C. Monuments.
1. Property boundary monuments shall be required for each subdivision. Monuments shall be
set on the inside comers of outside boundaries of the land subdivided, at each point where
there is a change of alignment. Except ~vhere the boundary is a water course, the
monuments shall be offset in the line of the adjacent traverse.
2. Property boundary (survey) monuments shall be of concrete. Monuments shall not be
less than six (6) inches in diameter, thickness or width. Concrete monuments shall be
reinforced with metal. All monuments shall be not less than forty- two (42) inches in length
and set vertically with the top of the monument flush with the top of the improved ground.
The final monuments shall not be installed prior to completion of final grading.
3. Two street boundary monuments shall be set at diagonally opposite comers of each street
intersection, also on one side of a curve in a street at the point of tangency and at the point
of curvature.
4. Each lot in the subdivision shall be referenced by two markers located at the intersection of
the side boundary line of the lot and the front property line. Lot boundary line markers shall
be of metal rod or pipe not less than three-quarters inch in diameter and twenty-four inches
in length and driven so that the top of the marker is flush xvith the level of the improved
ground.
5. A letter from a NYS Licensed Land Sur~feyor shall be provided by the Applicant to the
Planning Board certifying that all monuments are installed as shown on the approved Final
Plat.
6. Location of all proposed survey monuments shall be shown on preliminary maps for
review and approval by the Town Engineering Office prior to Planning Board approval
of the final plat.
ARTICLE XI
Cluster Development
§ A106o47. Authority and Purpose.
A.
Authority is hereby granted to the Planning Board pursuant to New York State Town Law
§278 to modify applicable provisions of Chapter 100 of this Code, Zoning, as to layout,
configuration and design of lots, buildings and structures, roads, utility lines and other
infrastructure, parks and landscaping, to enable and encourage flexibility of design and
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development of land in such manner as to preserve the natural and scenic qualities of open
space lands.
B. The Planning Board shall require cluster development of parcels seven (7) acres or greater in
size and not classified as a Conservation Subdivision.
C. The Planning Board, at its discretion, may mandate cluster development of a parcel of seven
(7) acres or less in size in order to preserve the natural and scenic qualities of open Lands. The
Planning Board shall consider the ERSAP in making such a determination, and may require
cluster development upon a finding that natural and scenic qualities of the parcel including but
not linfited to the following, should be preserved:
l. Slopes: slopes of fifteen (15) percent or greater on twenty-five (25) percent or more of the
property.
2.Land seaward of the Coastal Erosion Hazard Area line.
3. Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply
watershed areas, flood-prone areas as shown on Federal Emergency Management Agency
maps, New York State Protected Areas, or areas legally protected by the County of Suffolk,
the Town of Southold, Private Trusts or other Entities or Agencies.
4. Agricultural lands: active farmland within a Nexv York State certified Agricultural District,
lands within 2,000 feet of a New York State certified Agricultural District, or soils
classified in groups I to 4 of the New York State Soil Classification System or areas legally
protected by the County of Suffolk, the Town of Southold, Private Trusts or other Entities
or Agencies.
5. Community water and/or sewer: sites xvhere conununity sexver, community water, or
community water and sewer are available or planned.
6. Critical Environmental Areas: Lands xvithin or contiguous to a Critical Environmental Area
designated pursuant to Article 8 of the Environmental Conservation Law.
7. Designated open space areas: lands contiguous to publicly owned or designated open space
areas, privately owned designated natural areas, or areas identified in the Southold Town
Farm and Farmland Protection Strategy.
8. Historic structures and sites: historic structures or areas of national, state or local
importance.
9. Scenic view sheds and special features: sites bordering designated State, County or Town
Scenic Roads, or "special features" identified in the Toxvn's Comprehensive Plan.
10. Significant natural areas and features: areas xvith rare vegetation, significant habitats, or
habitats of endangered, threatened or special concern species as determined by the New
York Department of Environmental Conservation (Natural Heritage Program) or the Town
Conservation Board, mature forests over one-hundred (100) years old, locally important
vegetation or unique natural or geological formations.
11. Trails: existing and potential trails, bikeways, and pedestrian routes of Town, State or
County significance.
12. Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites
designated in the Town's Comprehensive Plan.
13. Applicant Request: on lands where the Applicant has requested approval of a Cluster
Development subdivision.
D. The Planning Board, at its discretion, may mandate cluster development in the HD, AHD, RR,
RO, LB, HB and B zoning districts for residential uses as permitted by this Code.
E. The Planning Board shall not increase the density permitted on the subject parcel as determined
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pursuant to §Al 06- l 1 of this Chapter.
F. Where two or more properties are held in common ownership by the Applicant (s) and the
properties are adjacent or contiguous to one another, whether separated by a public or private
street, utility easement or other such easement, the Planning Board may require clustering of
the cumulative permissible yield onto one or more of the parcels.
G. Where V,vo or more properties are held in common ownership by the Applicant (s) and the
properties are not adjacent or contiguous to one another, the Planning Board may require
clustering of the cumulative permissible yield onto one or more of the parcels, subject to an
approving resolution by the Town Board.
H. Design Requirements for Cluster Development Subdivisions.
In addition to the other requirements of this Chapter, the following shall apply:
1. In the R-400, R-200, R-120, R-80 and R-40 and A-C Zoning Districts, a cluster
development design must set aside a minimum of 60 percent of the buildable lands as open
space lands.
2. Easements may be included in the calculation of the minimum required open space.
3. Roads, streets, right-of-ways may not be included in the calculation of the minimum
required open space.
§ A106-48. Determination of the Location of Clustered Open Spaces Using Primary and
Secondary Conservation Areas.
A. The required open space land shall consist of a combination of Primary Consev,'ation Areas
and Secondary Conservation Areas as defined in §A106-3 and described in §Al06-1 I(C). The
proposed design shall strictly minimize disturbance of these environmentally sensitive areas.
The Applicant shall demonstrate that such features will be protected by the proposed
subdivision plan.
B. The location of open space lands shall be determined in general accordance with the goals of
the Town's Comprehensive Plan and In particular, with the Southold To~vn Farm and Farmland
Protection Strategy to provide an interconnected network of open space and farmland.
C. Active agricultural land with farm/agricultural support buildings_may be used to meet the
minimum required open space land.
D. Open space land should generally remain undivided. No individual parcel of common open
space shall be less than one (1) acre except for roadxvay median strips, traffic islands,
walk~vays, trails, courtyards, play areas, recreation facilities, drainage ways, historic sites or
unique natural features requiring common ownership protection.
E. No portion o£ any house lot as described in a existing or future deed may be used for meeting
the minimum required open space land unless encumbered with a perpetual restriction
preventing the development of such area in any way.
F. House lot standards. Development areas for the location of house lots include the necessary
building envelope for each d~velling unit, constituting the remaining lands of the tract outside
of the designated open space areas. House lots shall not encroach upon Primary Conservation
Areas and their layout shall, ~vhere practical, respect Secondary Conservation Areas. House
lots shall be designed in accordance with the folloxving standards:
l. The buildable area of all proposed lots all shall meet the following setback requirements to
the greatest extent practicable:
a. From all external road fight-of-ways including Ne~v York State designated scenic
by~vays (S.R. 25 and C.R. 48): one-hundred (100) feet.
b. From all other tract boundaries: fifty (50) feet.
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c. From agricultural lands, either bordering or within the tract: fifty (50) feet.
d. From active recreation areas such as courts or playing fields (not including small
playgrounds for young children): one-hundred (l 50) feet.
G. Views of house lots from exterior roads and abutting properties shall be minimized by the use
of natural or landscaped buffers, changes in topography, existing vegetation, or additional
landscaping in accordance xvith this Chapter or other provisions of the Code.
H. House lots shall generally be accessed from interior streets, rather than from roads bordering
the tract. New intersections ~vith existing public roads shall be minimized. Two access ways
into and out of subdivisions containing ten (10) or more dwellings are generally required for
safety. Proposals for more than two entrances onto an arterial road as defined herein shall be
discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment.
I. At least three-quarters of the lots shall directly abut or face open space created under this
Chapter, if practical.
§ A106-49. Protection and Use of Open Space Lands.
A. Ownership. As a condition of approval of a subdivision plat pursuant to this Chapter and in
order to further the Town's goals of permanent preservation, the Planning Board shall require
that fee title to parcels of open space shown on the plat be conveyed to one (1) or more of the
following:
1. The Town of Southold or other governmental unit or authority. The Town may, but shall
not be required to, accept any portion of the open space land and common facilities,
provided that:
a. There is no substantial cost of acquisition to the Town; and
b. The Town agrees to and has access to maintain such facilities; and
c. Such facilities for public use shall be accessible to residents of the Town.
2. Homeowners' Association. Open space land and conmmn facilities may only be conveyed
to a homeowners' association if the following regulations are met:
a. The applicant shall provide the To~vn ~vith a description of the organization of the
proposed association, including its by-laws, and all documents governing
o~vnership, maintenance, and use restrictions for comraon facilities.
b. The proposed association shall be established by the owner or Applicant and
instruments which satisfy the requirements of this section must be recorded no later
than the date on which the subdivision map is filed with the Suffolk County Clerk.
c. Membership in the association shall be mandatory for each property o~vner within
the subdivision and the owner's successors in interest, and each such owner must be
required to pay a proportion of the annual cost of maintaining the open space or
con~Tlon areas.
d. The association must have the power to levy assessments against each lot owner
and which become a lien on the real property of any member ~vho falls delinquent
in his or her assessments.
e. Written notice of any proposed transfer of common facilities by the association or
the assumption of maintenance for common facilities must be given to all members
of the association and to the Town no less than thirty days prior to such event.
3. Non-common private ownership. The required open space land may be included within one
or more large agricultural reserve lots provided the open space is permanently restricted
from future development, except for those uses listed in §A106-49C. This option may be
preferable for open space land that is intended for agricultural, horticultural, or silvicultural
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4. A private conservation corporation or land trust approved by the Planning Board, which is
required under its charter to own and manage the open space in perpetuity for one (l) or
more of the purposes set forth in this chapter and which has the capacity to do so.
B. Grant of restrictive easements required. Where fee title to open space as provided in this
Section will be conveyed, the Planning Board shall ensure that the open space is used in
perpetuity only for the uses approved by the Board and shall ensure that public and record
notice is given of the nature of the restrictions on the open space. To this end, the Planning
Board shall:
1. Require the grant of conseIwation easements, either to the To~vn of Southold or to an
approved private conservation corporation or land trust, and require the filing of such other
Instruments as will permanently impose the open space restriction required by this chapter
and give record notice of the same.
2. Impose such other conditions and restrictions as will, in the discretion of the Board, ensure
that the use of the open space is permanently restricted to those uses approved by the
Board.
3. All conservation easements required or agreed to by the Planning Board pursuant to this
chapter shall be approved as to their form, content and manner of execution by counsel to
the Planning Board or by the Town Attorney. Such easements shall be perpetual.
4. All conservation easements, declarations or other instruments imposing or giving notice of
restrictions on open space or other real property and required or agreed to by the Planning
Board pursuant to this chapter shall be recorded in the office of the Suffolk County Clerk
simultaneously with the filing of the subdivision map or development plat.
5. No provision of this chapter shall be construed to supersede or modify any provision ora
conservation easement previously granted to the Town of Southold so that the protection of
open space which the easement affords is in any way diminished.
6. Any person, firm, corporation or other entity shall have committed a violation of this
Chapter if said person, firm or corporation violates any provision of a conservation
easement granted to or accepted by the Town pursuant to this Chapter.
C. Restrictions on use. Use of open space shall be restricted and defined in a conservation
easement, and shall be limited to the following:
1. Conservation of open land in its natural state, including woodland, fallow field, or managed
meadow. The clearing of woodland shall generally be prohibited, except as necessary to
create trails, active recreation facilities, and to install subsurface sewage disposal systems.
The determination of necessity shall lie with the Planning Board and the Land Preservation
Department.
2. Agricultural and horticultural uses, including raising crops or livestock, wholesale
nurseries, and associated buildings, that are specifically needed to support an active, viable
agricultural or horticultural operation, subject to applicable lot coverage requirements in
Chapter 100, zoning, of this Code. Specifically excluded are Concentrated Animal Feeding
Operations (CAFO's) as defined by the US Environmental Protection Agency, or
commercial livestock operations involving swine, poultry, mink, ratites, and other animals
likely to produce highly offensive odors. Such easement and a notation of the Town of
Southold Fam~land Bill of Rights shall be on the referenced final plat.
3.Game preserve, wildlife sanctuary, or other similar conservation use.
4.Woodlots, arboreta, and silviculture in keeping xvith established standards for selective
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harvesting and sustained-yield forestry.
5. Neighborhood open space uses such as village greens, commons, picnic areas, community
gardens, trails, and similar low-impact passive recreational uses specifically excluding
motorized off-road vehicles, rifle ranges, and other uses similar in character and potential
impact as determined by the Planning Board.
6. Active non-commercial recreation areas, such as playing fields, playgrounds, and courts,
provided such areas do not consume more than half of the minimum required open space
land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be
located within one-hundred fifty (150) feet of abutting properties nor shall such facilities be
equipped with lighting. Parking facilities for the same shall also be permitted, and they
shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and
egress, and contain no more than ten parking spaces. Such recreation uses may be a public
park or recreation area owned and operated by a public or private nonprofit agency, but
shall not include storage of materials, tracking or repair facilities, or private or municipal
sanitary landfills.
7. Water supply and sewage disposal systems, and stormwater detention areas designed,
landscaped, and available for use as an integral part of the open space area.
a. Sanitary sewage disposal systems of either an individual or community nature may
be located within or extend into required open space areas, provided that subsurface
sewage disposal methods are employed, all required separation distances are
observed and the ownership and maintenance responsibilities associated therewith
are clearly defined in agreements submitted for approval as part of the subdivision
application. No application shall be approved that does not provide property owners
with both the legal authority and the responsibility, individually or collectively, to
maintain all sewer facilities on a continuing basis. This may include the creation of
a special district under Articles 12 and 12-a of New York State Town Law.
b. Conservation of water. It is the requirement of the Planning Board to return stom~
water to the ground within subdivisions. This is to be done through the use of
natural recharge basins and/or leaching basins and/or lots specifically designated as
drainage lots to be used for no other purpose. In addition, Applicants shall be
required to covenant that buildings and structures shall be equipped with leaders,
gutters and dry xvells to retum storm ~vater runoff to the ground.
8. Easements for drainage; access, sewer or water lines, or other public purposes.
ARTICLE XII
Design Standards
§ A106-50. Lots, Streets, Common Driveways, Flag Lot Design.
A. Lots.
1. All building lots shall at least comply with the requirements of the Zoning Regulations of
the Town, except for lots in open space subdivisions.
2. Each lot shall where possible abut a secondary street or an existing dedicated street.
3. Corner lots shall be of sufficient size to meet the minimum building line, lot width and yard
setbacks of the Zoning Regulations for each street, except for lots in a cluster subdivision.
4. Where extra width has been provided to widen existing streets, lots shall begin at such extra
width line, and all setbacks shall be measured from such line.
5. Side lines of lots shall be at right angles to straight streets, and radial to curved streets.
6. Where factors such as rock formations, flood conditions or similar circumstances affect the
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suitability of a lot or lots for their intended use, the Planning Board may deny approval of
such lots.
7. Block length and width, or acreage within boundary roads, shall be sufficient to meet the
lot area requirements of the Zoning Regulations and to provide for convenient access,
circulation control and safety of street traffic.
8. Lots intended for commemial or industrial use shall be designed specifically for such
purposes with adequate space set aside for off-street parking and delivery facilities.
9. Lots shall be designated to avoid regulated areas under the jurisdiction of the Toxvn Board
of Trustees, the New York State Department of Environmental Conservation and the Town
Zoning Board of Appeals.
B. Streets.
Streets shall meet Toxvn Highway Specifications. Where appropriate, the Planning Board shall
work with the Highxvay Superintendent and Toxvn Engineering office to ensure that the Town of
Southold's Highway Specifications do not impact or detract from the rural and environmental
character of a standard, conservation or cluster subdivision. The Highway Superintendent and the
Town Engineering office may provide an interpretation of any part of Highway Specifications and
modify such requirements under §A 108-48 of the Town Code.
1. The design of the street pattern shall be based upon consideration of factors such as
topography, design of proximate streets, ease of access to inter-modal transportation hubs,
access to existing sidewalks, trails, bicycle paths and public transit, traffic calming
measures, and other traffic safety considerations.
2. The arrangement of streets in new subdivisions shall make provision for the continuation of
existing streets in adjoining areas, or their proper extension where adjoining land is not
subdivided, as may be deemed necessary for public requirements.
3. Public right-of-way street xvidths shall be measured at right angles or radial to the center
line of the street and shall be fifty (50) feet in width. Actual roadway widths shall be
determined by Section A108-Highway Specifications. Roadxvays shall have a minimum of
two (2) lanes.
4. Whenever possible, streets should intersect at fight angles, but in any event not at angles of
less than sixty (60) degrees.
5. Cul-de-sac streets:
a. Unless there is the expectation of extending the street through to the adjoining
property, a cul-de-sac street shall not be placed so that it ends on the property line
of the subdivision.
b. A cul-de-sac should not exceed eight hundred feet (800) in length, as measured
from the center line of the street at the open end to the radius point of the turn
around.
c. All residential cul-de-sacs shall have a turn around at the end of the street which
shall have a right-of-xvay radius of fifty (50) feet. The curb at the turn shall have a
minimum radius of forty-four (44) feet.
d. In a commercial or industrial subdivision, a cul-de-sac should be avoided whenever
possible unless the right-of-way radius is designed at a minimum of seventy-five
(75') feet and the curb radius is designed at sixty-five (65') feet.
6. If a dead end street is of a temporary nature, a turn around shall be provided and provision
made for future extension of the street and the reversion of the excess right-of- xvay of such
temporary turnaround to the adjoining properties.
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7. Streets and right-of-ways less than the required minimum of 50 feet shall not be permitted,
except that wherever a proposed subdivision borders an existing street or right-of-way less
than the required minimum width, the Planning Board shall require that the other part of the
street or right of way be platted in the proposed tract if it is found that such a requirement
would increase the effectiveness of the circulation system in the area.
Multiple intersections involving a junction of more than two streets shall be prohibited.
Arterial streets shall not intersect with local residential streets and residential collector
streets less than eight hundred (800) feet apart, measured from center line to center line.
10. To avoid confusion, no street shall have a name which will duplicate or nearly duplicate the
names of existing streets within the Town. The continuation of an existing street shall have
the same name. All proposed street names are subject to approval of the Toxvn Engineering
Office and/or the Highxvay Superintendent.
11. The minimum radius of horizontal curve, minimum length of vertical curves, and minimum
length of tangents between reverse curves shall be in accordance with specifications
established by the Town Highway Superintendent and/or Town Engineering office, and
shall be approved prior to final approval of the Final Plat by the Planning Board.
12. New streets shall be located to provide adequate sight distance on any adjacent public road
in both directions from the interior road in accordance with the current edition of the
American Association of State Highway and Transportation Officials (AASHTO).
13. New streets shall not be placed so as to intersect another street directly opposite an existing
or proposed residence.
14. Any crossing of the Long Island Rail Road right-of-way within a subdivision will not be
permitted.
15. Subdivisions xvhere more than three hundred (300) feet of land fronts on a public street
shall provide access to proposed lots by way of a nexv street. Multiple building lots and
fronting of more than two building lots on a existing street shall be prohibited. From an
aesthetic and speed control perspective, curving roads are preferred in an informal rural
cluster to avoid long straight segments. Shorter straight segments connected by ninety (90)
degree and one hundred thirty five (135) degree bends are preferred in a more formal or
traditional arrangement.
16. Whenever appropriate, street systems should produce vistas of open space.
17. The use of reverse curves should be considered for local access streets in Cluster
Development subdivisions in conjunction with long horizontal curve radii (at least 250 feet)
and xvhere traffic speeds will not exceed thirty (30) mph.
Common Driveways.
Common driveway access may be provided and shall be required where street safety and
traffic management goals would be served.
The maximum number of lots using a proposed common driveway shall be two (2) if the
common driveway has one entrance on a public road. Each lot shall have their access on
the common driveway, regardless of the potential for access onto an existing Town, County
or State road.
The boundary of each lot served by a common driveway shall extend to the center line of
the common driveway xvith the right of way for ingress and egress across the common
drivexvay granted to each lot served by such common driveway.
In the case of a conservation subdivision, the Planning Board may, in its discretion, require
professional engineer's dra~vings showing the exact location, dimensions and grade of the
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connnon driveway and specifications for its composition. The Planning Board may refer
these draxvings to the Town Engineering office for reviexv and connnent.
5. The subdivision plat shall show the road clearly labeled as "conunon driveway".
6. The common driveway may not be offered for dedication to the Town of Southold.
7. The Planning Board shall require a recorded maintenance agreement executed by the
Applicant as a condition of subdivision approval.
D. Flag Lots.
The Planning Board May permit a limited number of flag lots in a residential subdivision plat,
provided that they are xvell shaped, they are generally larger than usual lots, their accessxvay is
essentially straight and not excessive in length and their arrangement xvill not create traffic difficulties
on the street system and xvould not be a means to cimumvent a standard lot and street arrangement
which might othenvise result in a generally better platting of the subdivision and adjacent lands.
l. To assure that the flag lot is of adequate size and shape, a flag lot located within the
residential zones shall contain at least the minimum lot area of the applicable zoning
district in which it is situated, xvithin the bulk Of the lot, exclusive of the area contained in
the flagpole access strip.
2. In allowing flag lot arrangements in subdivision, the Planning Board may require either a
formal private lane or common access driveway to service such lots and may require that
such lanes or common access driveways be made part of the improvements to be
undertaken and made part of a performance bond.
3. The Planning Board may adopt further policies or regulations to assure compliance with
these requirements, including design and legal specifications for the creation of lanes and
common access drivexvays over such flag lot arrangements.
§A106-51 (Reserved)
§A106-52 (Reserved)
§ A106-53. Lighting.
Street lighting shall be provided along all streets in the subdivision and along
all streets upon which the subdivision abuts, as required by the Town Engineering office and/or the
Highway Superintendent. Public safety, power conservation and preselwation of the night sky shall be
of primary consideration in choosing the design, location and number of lighting fixtures. Fixtures
must be designed to hide the source of illumination from the side and must direct the light downward.
§ A106-54. Wastewater Treatment Systems.
All wastewater treatment systems shall be installed in accordance with plans approved by the
Suffolk County Health Department. Such systems shall provide each residence and other structures
containing plumbing fixtures with un adequate and safe method of sewerage treatment. Where a public
se~verage treatment system is not available, an adequate private wastewater treatment system,
approved by the Suffolk County Health Department, shall be provided.
§ AI06-55. Water Supply Systems.
All water supply systems shall be installed pursuant to plans approved by the
Suffolk County Health Department. Such systems shall be designed to provide a sufficient supply of
potable water, under adequate pressure, to all outlets, including, but not limited to, residences, other
structures, drinking fountains, hose connections, hydrants. Where a public water supply system is not
available, an adequate private water supply system, approved by the Suffolk County Health
Department, shall be provided.
ARTICLE XIII
Preservation of Natural Features
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§ A-106-560 Clearing.
A. Clearing of vegetation and/or grading is permitted only xvithin the areas designated by the
Planning Board and as shown on a final cleating and/or grading plan or plat approved by the
Planning Board.
B. Clearing of vegetation within the individual residential lots on a subdivision plat approved
pursuant to this Chapter shall be in accordance with (C) of this Section.
C. Lot size and Permissible Limits of Cleating. Existing native and/or non-native vegetation shall
be preserved subject to the following limits of clearing schedule.
Lot Size (Sq. Ft.) Percentage of Site Permitted to be Cleared
1 to 15,000 75
15,001 to 30,000 60
30,001 to 60,000 50
60,001 to 90,000 35
90,001 to 140,000 25
140,001 to 200,000 20
200,001 or greater 15
D. Clearing limits shall be clearly staked and approved by a Ne~v York State licensed engineer or
surveyor prior to any clearing or grading.
E. Clearing of vegetation within open space areas not in agricultural use in prohibited unless
according to an approved final clearing and/or grading plan or approved plat.
F. Clearing of vegetation shall be permitted on residential lots within subdivision as approved in
accordance xvith this Chapter upon the issuance of a Certificate of Occupancy from the
Building Department.
G. Properties located on the Town of Southold Farm or Farmland Inventory are exempt from these
provisions.
H. Cleating of Slopes Equal to Greater than 15 Percent. The Planning Board may permit the
cleating of slopes equal to or greater than 15 percent with the approval of an Erosion and
Sediment Control Plan prepared by a New York State Licensed Engineer.
I. Landscaping and Ground Cover
l. All lots which are not covered by structures or paving shall be properly seeded or
landscaped by the Developer pursuant to an approved plan. These lots are to be maintained
by the landowner, or as otherwise provided by this Chapter.
2. Each lot shall be provided and/or planted with trees that are acceptable to the Planning
Board. This requirement may be waived by the Planning Board in wooded areas where the
developer intends to maintain existing trees or in areas where the developer meets the limit
of clearing requirements.
3. When a proposed subdivision borders upon an existing commercial or industrial
establishment, of any other use which, in the opinion of the Planning Board, may be
visually detrimental to the tranquility of the future residents of the subdivision, the
Planning Board may require a landscape screen/buffer to protect the subdivision from the
visually incompatible use.
§ A106-57. Floodplains.
A. Land that lies within a flood plain or zone or directly contributes to the watershed of that plain
or zone by way of a swale shall be left in its natural state.
B. Whenever possible, the ability of the land to naturally channel, retain and drain stormwater
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shall be maintained and enhanced in ways that augment the existing natural system.
C. No subdivision design will be permitted that ~vould create a flood or flooding hazard to
adjoining or nearby properties including public roads and property.
§ A106-58. Storm Water, Drainage and Erosion Control.
A. All storm water runoff resulting from the development or improvement of a subdivision or any
of its lots should be retained on-site by adequate on-site drainage structures so that the storm
~vater runoff ~vill not flow into the right-of-way ofa toxvn, county or state road, upon any
neighboring properties under separate ownership, or in any body of xvater.
B. All historic drainage patterns shall be preserved. Where existing grade is altered, the Applicant
shall submit a Grading and Drainage Plan to the Planning Board. Dewatering, altering, or
causing adverse existing drainage patterns and/or conditions on adjacent properties or parcels
are prohibited.
C. Erosion and sediment control measures as defined by the Planning Board will be required
during and immediately after construction on site to help prevent storm xvater from carrying
soil and other deleterious material onto adjacent properties and highways and into wetland
areas and adjoining bodies of water.
D. The Planning Board may refer all residential subdivision proposals to the Suffolk County Soil
and Water Conservation District (SWCD) and/or the Town Engineering office, for their review
as to the acceptability of proposed drainage, erosion and sediment control measures both
during construction phases and after completion. All easements deemed necessary to maintain
either natural or man-made storm water drainage, erosion and/or sediment control measures
shall be provided and plotted accordingly on the Final Plat.
E. All subdivisions on parcels greater than 10 acres in size and located within designated
watershed may be required to provide a Soil and Water Conservation Plan and/or Site
Development and/or Construction Best Management Practices to the Planning Board.
F. All construction activity greater than one (1) acre in area is required to comply with federal and
state regulations as set forth in the SPDES General Permit for Storm Water Discharge from
Construction Activity (GP-02-01).
ARTICLE XIV
ADDITIONAL REQUIREMENTS
§ A106-S9. Standards and Procedures for Acceptance of Streets; Recreation and Park Areas.
A. Acceptance of Streets.
The approval by the Planning Board and subsequent filing of the Final Plat at the Suffolk
County Clerk's Office shall not constitute acceptance by the Town of any street or right of way shown
on such Final Plat. The Applicant shall comply with all town rules and regulations regarding the
dedication of highways, as set forth in Article IV of Chapter Al08, High~vay Specifications4 final
dedication of roads. Any street or right of way shall be deemed private until it has been formally
accepted by a resolution of the Town Board.
B. Acceptance of Parks.
When a park, playground, or other recreation area is shown on a Final Plat, the approval of said
Final Plat shall not constitute acceptance by the Town of such area, and the Final Plat shall be
endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a
covenant providing for future dedication or other transfer of title, development of the site, and
maintenance of it.
C. Acceptance of streets and parks and subsequent expiration of final plat.
Acceptance of formal offers of dedication of streets and parks shall rest with the Town Board.
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If the plat is not filed or recorded in the office of the County Clerk, then such offer of dedication shall
be deemed to be void.
§ A106-60. Reservation of parkland on subdivision plats containing residential
units.
A. Land reservation determination.
Where the Planning Board determines that suitable land for a public park, playground or other
recreational purpose exists within the boundaries ora proposed residential subdivision, the Board may
require that a portion of the subdivision lands be reserved for such purpose. Such determination shall
be based on an evaluation of the present and anticipated future needs for park and recreational
facilities in the town based on projected population groxvth to which the particular subdivision plat will
contribute. In determining xvhether or not to require the reservation of land for public park,
playground or other recreational purpose, the Planning Board shall consider by the criteria and
procedures outlined in subsection A106-60(C) below.
B. Amount of land to be reserved.
The amount of land area to be reserved for public park, playground or other recreational
purpose shall be determined by the number of new residential building lots within the proposed
subdivision. Upon the recommendation of the Planning Board and where the Toxvn Board deems it
appropriate, up to five (5) percent of the total acreage may be subject to dedication.
C. Criteria for land reservation.
In determining ~vhether or not to require the reservation of land for public park, playground or
recreational purposes, the Planning Board shall consider the folloxving factors:
1. Whether suitable land exists within the proposed subdivision in terms of its size, shape, and
dimensions to reasonably accommodate a public park, playground or other recreation use;
2. Whether the characteristics of the land in terms of topography, soils, vegetative cover,
hydrology and/or other natural features readily lend themselves to development of the site
for active recreation use;
3. Whether there are state or federal regulatory restrictions that xvould limit the usefulness of
the site for active recreation development;
4. Whether the site in terms of its physical characteristics xvould provide an attractive and safe
area for recreational use;
5. Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular
access can be provided bet~veen the site and surrounding residential areas;
6. Whether the character of the proposed subdivision and that of the surrounding area are
compatible with a public park and/or recreational use;
7. whether the anticipated population of the proposed subdivision, together with the
population density of surrounding neighborhoods, is sufficient to justify development and
long-term maintenance of a public park, playground or other recreation facility at the
location;
8. whether the site is located near or duplicates recreation facilities already provided in the
area, particularly those providing the same type of recreation opportunities, including
facilities located on public school grounds;
9. Whether development and long-term maintenance of the site would place an undue burden
on Town Departments;
10. Whether the site contains any unique and significant physical, aesthetic or ecological
features that xvould make it particularly suited for environmental edncation, trail
development, a nature preserve, or other passive recreation use;
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11. Whether reservation of the land is consistent with recommendations contained in the
Comprehensive Plan for the Town of Southold and/or the Plan for Parks and Recreation in
the Town of Southold, if any, in effect at the time the subdivision application is made; and
12. Whether reservation of the land is consistent xvith the general goals and objectives of the
Town with respect to the development of parks and recreation facility development.
D. Preliminary determination and referral required.
Prior to making a final determination that land will be reserved for public park, playground or
other recreational purpose, the Planning Board shall first make a preliminary determination that such
land reservation will be required, and shall refer the proposal to the Town Board, Land Preservation
Committee and the Public Works Department for its input on the matter. Said referral shall occur as
early as possible in the subdivision reviexv process and prior to the public hearing on the preliminary
plat application. A referral is not necessary where the Planning Board makes a preliminary
determination that it will not require the reservation of land.
E. Reservation prior to signing of final plat.
The reservation of public park, playground or recreation land shall occur prior to the signing of
the final plat by the authorized officer of the Planning Board, or in the case of a final plat filed in
sections, prior to the signing of the approved final plat of the first section thereof. In cases where a
final plat is filed in sections, the total land area that is proposed to be reserved for public park,
playground or recreation purposes shall be shown upon, and included within, the final plat of the first
section.
F. Satisfaction of parkland reservation requirement.
The park land reservation requirement of this section shall be deemed satisfied upon the
presentation to and acceptance by, the Town Board of a metes and bounds description of the parcel
which is proposed to be reserved for park, playground or recreation purposes, and by the placing of a
notation upon the final plat indicating that the land is so reserved and cannot be further subdivided or
built upon except for public park, playground or recreational purposes.
G. Park and Recreation Fee.
1. If the Planning Board makes a finding pursuant to this Chapter that the proposed
subdivision plat presents a proper case for requiring a park or parks suitably located for
playgrounds or other recreational purposes, but that a suitable park or parks cannot be
properly located on such subdivision plat, the Planning Board may require a sum of money
in lieu thereof. The fees shall be as follows:
a. Standard Subdivision $7000. per lot;
b. Conservation Subdivision $3500. per lot;
c. Affordable Housing District -none-
2. Timing of fee payment. Fees must be paid prior to any final approval except in the case of
an Open Development Area where the fee shall be paid upon implementation of the ODA
(e.g. when the lot(s) is (are) created).
3. Fees to constitute separate trust fund. All fees collected pursuant to this section shall be
placed in a separate trust fund(s) to be established and used by the Town exclusively for the
acquisition of public park, playground or recreation land, and/or for the improvement of
public park and recreation facilities.
§ A106-61. Reservation of Lands for Pedestrian Trails.
Pursuant to New York State Town Law §278 and to foster the goals of trail
Creation and preservation, the Planning Board may require the reservation of lands for park purposes
and it may require some or all of that land be designated as pedestrian trails, in accordance with the
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folloxving considerations:
A. To the extent it is consistent with proper overall land use principles, existing trails shall be
preserved in their natural state within reserved areas in the proposed subdivision.
B. Where a subdivision layout cannot preserve existing trails because of adherence to legitimate
land use policies and principles, the Planning Board may require relocation of trails xvithin the
proposed reserved areas to maintain the necessary linkage to preserve the integrity of the
system. The position of any relocation shall be established by the Planning Board and shall be
performed in such a manner as to minimize disturbance to natural features deemed sensitive
C. In order to provide notice to the public, all trails shall be shown on the final map of the
proposed subdivision. Existing and relocated trails shall be distinguished on the map. Said
trails and all property rights, both private and public, relating to the trails shall be delineated by
declaration or other proper legal instrument filed in connection with the subdivision. The
resolution of conditional final approval shall also delineate any conditions of approval relating
to trail preservation, use and maintenance.
D. All trails which are preserved as a condition of Planning Board approval shall be improved in
accordance with the Board's rules and regulations relating to clearing and marking of trails.
E. All trails shall be buffered to the maximum extent practicable from proposed development
through location within proposed reserved areas.
F. Except as provided herein, all trails subject to this policy statement shall be limited to
recreational uses as outlined in Chapter 62 of the Town Code and shall not be utilized by
motorized vehicles.
G. The Planning Board shall encourage Applicants to grant rights to the public to utilize trails
preserved pursuant to this section.
H. Dedication, access easements or covenants shall be acceptable means of creating public rights
to use the trail system.
I. Landowners' liability shall be governed by the applicable New York State law.
J. Where the developer has granted rights to the public to utilize trails xvithin his control, the
Town shall be responsible for maintenance of the trails, absent an agreement with the
developer or a third party to the contrary.
K. Where rights have been granted to the Town in the form of dedications, easements or
covenants to utilize lands as trails but trails were not required to be constructed by the
Applicant, future trail construction shall be the responsibility of the Town. Cooperation with
owners of the property shall be encouraged.
§ A106-62. Time Limitations.
The time limitations set forth in this Chapter and in New York State Town I_aw
raay be varied when required for the purpose of complying with the provisions of SEQRA and its
implementing regulations.
§ A106-63. Waivers.
The Planning Board shall have the authority to modify or waive, subject to
appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not
requisite in the interest of the public health, safety and general welfare, except where such authority
would be contrary to other ordinances or state law.
§ A106-64. Waiver, Adjustment of Property Lines.
A. The follo~ving divisions of property shall be eligible for a xvaiver from subdivision review by
the Planning Board.
1. A re-subdivision of nonconforming lots shown On a subdivision map approved by the
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Planning Board after April 9, 1957, and filed in the office of the Suffolk County Clerk or
the Town Clerk, but not held in single-and-separate ownership. However, the re-
establishment of the right to build on said lots shall require variance relief from the Zoning
Board of Appeals.
2. A re-subdivision which involves redrawing original lot lines for the purpose of combining
said lots to create conforming parcels shown on a subdivision map approved by the
Planning Board after April 9, 1957, and filed in the Office of the Suffolk County Clerk or
the Toxvn Clerk.
B. The proposed division shall be reviewed by the Town Planning Department, and the office
shall inform the Planning Board in ~vfiting that the division will have not significant
environmental effect, will not make future planning of the affected parcels more difficult or
impossible and poses no other immediate or potential problem which would justify more
thorough review by this Board.
C. Where all the requirements of this section can be met, such a division may be authorized by the
Planning Board by resolution.
D. Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed
surveyor and filed in the Office of the Planning Board. Any land being transferred by such re-
subdivision shall be deeded to the owner of the property in identical name so the new area
merges with the existing parcel and shares therewith a common identification number on a
Suffolk County Tax Map. The deed and legal description for any re-subdivided parcel shall be
recorded in the Office of the Suffolk County Clerk.
§ AI06-65. When Effective; Effect on existing plats.
These subdivision regulations shall take effect immediately upon approval by the Town
Board after adoption by the Planning Board. However, any subdivision which has
received conditional approval of the preliminary plat by the Planning Board prior to the
approval or future modification of these regulations may, at the discretion of the Planning
Board, be pernfitted to be completed under the provisions of the subdivision regulations
existing at the time of the approval.
ARTICLE XV
Enforcement
§ A106-66. Violations.
A. Where a violation of the provisions of this Chapter, as adopted and as may be amended, has
been committed or exists, the owner of the real property where such violation has been
committed or exists, any contract vendee and any grantee of such owner who knowingly
participates in such violation, and any agent who has executed an application to the Planning
Board on behalf of the oxvner or contract vendee with respect to such real property and who
knowingly participates in such violation shall be guilty of a violation of this chapter.
B. Any owner of real property who creates a subdivision or who subdivides real property into lots
within that part of the Town of Southold outside the limits of any incorporated village without
first obtaining approval of the Planning Board of a subdivision map or plat showing the land to
be subdivided shall be guilty of a violation of this chapter. Any contract vendee and any
grantee of such owner who knoxvingly participates in such violation shall also be guilty of a
violation of this chapter. As used herein the term "subdivision" shall mean a subdivision as
defined in this Chapter.
C. Where a violation of any provision or condition of any resolution or approval of the Planning
Board or of filed covenants and restrictions relating to a subdivision, adopted or granted under
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the authority of this Chapter or Article 16 of the New York State Town Law, has been
committed or exists, the owner of the real property where such violation has been coinmitted
or exists, any contract vendee and any grantee of such owner who knowingly participates in
such violation and any agent who has executed an application to such Planning Board on
behalf of the owner or contract vendee with respect to such real property and who kno~vingly
participates in such violation shall be guilty of a violation of this Chapter.
D. Any person who performs physical work on real property, including but not limited to cleating
of land, other site preparation and construction of improvements in violation of this Chapter or
in violation of any provision or condition of any resolution or approval of the Planning Board
relating to subdivision, adopted or granted under the authority of this Chapter or Article 16 of
the New York State New York State Toxvn Law, shall be guilty of a violation of this chapter.
§ A106-67. Penalties for Offenses.
A violation of this chapter shall be punishable by a fine not exceeding that permitted by
Section 268 of New York State New York State Town Law. Each week's continued violation shall
constitute a separate additional violation.
§ A106-68. Methods of enforcement.
The provision of this chapter may be enforced by any method or remedy provided by law. In
addition to other remedies provided by law, any appropriate action or proceeding may be instituted to
prevent, restrain, correct or abate any violation of this Chapter.
Section 3. SEVERABILITY.
Should any section or provision of this Local Law hereafter be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a
whole, or any part thereof, other than the part so declared to be invalid.
Section 4. EFFECTIVE DATE.
This Local Law shall take effect upon filing with the New York State Secretary of
State.
COUNCILMAN WICKHAM: There follows about 60 pages, single spaced, of text and I am not
going to read the xvhole thing. I will just say that this subdivision ordinance, which is what it is, is the
first real update in about 20 years of how the Town would regulate the subdivision of property. It has
two key innovations from the old way of subdividing property. One of them is it clearly defines what
a conservation subdivision is and a conservation is one in which 75 or 80 % of the land is preserved in
perpetuity. It defines that conservation subdivision and sets certain rules for those subdivisions as
opposed to regular or standard subdivisions that we are used to. The second key aspect of the new
ordinance is the inclusionary zoning aspect to it, which promotes affordable housing in certain,
carefully regulated ways in that ordinance. You may know that an earlier version of this subdivision
code was put to a public hearing about six weeks ago, it has had some relatively minor modifications
since that time and what has appeared in the newspapers and the Town Clerk's bulletin board outside
there reflects these small changes. I would like to read now the comments from the Planning Board
chair, which comments were received on August 24. "The Planning Board recommends that the Town
Board adopts the above referenced local law xvith consideration to editorial and substantive comments
belo~v (and there follow a whole series of relatively small points, most of xvhich have been
acconm~odated in the current version of the rules.)" And what else do we have? This is from the
Suffolk County Department of Planning, "Pursuant to Section A1414 to 23, in the Suffolk County
Administrative Code, the above referenced application is not within the jurisdiction of Suffolk County
Planning Commission." And I have here a notice that it has appeared in the local nesvspaper and it has
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also appeared out there on the Town Clerk's bulletin board and that is all the substantive comments
that I have.
SUPERVISOR HORTON: Thank you, Councilman Wickham. And before we get started l look out
in the room and I just svant to recognize some people who were instrumental in this. People who are,
both work directly for the Town and those who are also volunteers, that have given quite a bit of their
time within Town Hall and that helped out with this and I see Valerie Scopaz, Mark Terry, many
members of the Ag Advisory Committee, John Sep-who has helped this process in the many different
xvays through being involved in the Ag Advisory Committee as svell as his technical expertise xvith
important data collection services within the Town, Melissa Spiro-for all of your help, Gxvynn
Schroeder-you have given quite a bit of input, I think it has been helpful to Board members as well as
to Planning staff and I am sure that is going to continue. 1 don't think I have missed anybody but I
look out in the room and I see so many people who pitched in and helped out with this and I just want
to take the opportunity up front to say thank you for helping us get thus far to this heating. Did I
mention, well the Town Attorney is up here, so you get the same humble appreciation that we get. But
Pat, you were absolutely instrumental and Kieran Corcoran is here as xvell, so thank you for that
service, both volunteer and those of you who are employed with the Town. It has meant a lot and has
been a tremendous hurdle thus far. We will take comment from the public at this point on this hearing.
Gwynn.
GWYNN SCHROEDER: Gwym~ Schroeder, North Fork Environmental Council. I just xvant to say,
in and of itself, we think there has been a lot of hard work put into this code, it is an improvement on
what is on the books now. It defines what a conservation subdivision is, it offers landowners the
option of an open development area or an ODA and it requires 60% preservation on standard
subdivisions. We think those are all good things and we are glad that that is going to happen. We also
don't believe that this is the be-all and end-all, that there is a lot more work to be done, that in and of
itself, is not going to be enough to answer the development and pressures that face Southold. And
only time will tell if the incentives that you have crafted in this legislation ~vill be enough to get folks
to develop their land as a conservation subdivision as opposed to a full yield subdivision. And we just
have a couple of points, some that we brought up at the first hearing and some that sort of have a new
slant on them. Our first conunent has to do xvith the legislative intent and I kno~v that the legislative
intent isn't going to be in the code book, but more than once I have heard at Code Committee meetings
or at Town Board work sessions, 'what were those guys thinking when they did this?' Since this is
like the only substantial piece of legislation that has been offered to date in response to the t~vo-year
moratorium, we just think that it should reflect more of ~vhat the vision of the moratorium language is.
I am just going to read a prepared statement. The original moratorium language that was adopted by
the Town Board and accurately reflected the opinion of the Planning Board, the Planning staff, North
Fork Environmental Council and many, many citizens of Southold Town. And what that original
moratorium purpose said was that 'increased growth and development of residential subdivisions and
multi-family developments requiring site plan approval within the Town of Southold are placing
severe pressure on xvater supply, agricultural lands, open and recreational space, rural character,
natural resources and transportation infrastructure of the To~vn.' In the almost 2 72 page purpose of the
moratorium legislation, only one two sentence paragraph xvas devoted to the need of the Town for a
'sound planning strategy for maintaining a supply of starter and or rental housing.' In the 2 page
legislative intent for the new subdivision regulations, however, the inverse is true. The bulk of the
legislative deals with the need for affordable housing and only one sentence deals with the
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preservation of farmland and open space and makes no reference whatsoever to the protection of our
natural resources, for example, our water supply. NFEC strongly recommends that the legislative
intent of the subdivision code more accurately reflect the original intent of the moratorium, which
outlined and I quote from that original language, "four guiding planning objectives of the Town of
Southold 1.) the preservation of farmland and agriculture; 2.) the preservation of open space and
recreational space; 3.) the presen, ation of the rural, cultural, commercial and historical character of the
hamlets and surrounding areas; and 4.) the preservation of our natural environment." So we ask that
you go back and sort of tune up the legislative intent. Our second comment has to do with the
inclusionary zoning portion of the proposed code and we are not opposed to inclusionary zoning, what
we have a problem with is that you complicate the issue by giving density issues. We think it kind of
goes against the spirit of how you kind of crafted this legislation, which ,,vas to get people to develop
as conservation subdivisions as opposed to a full-yield standard subdivision and I think you can do that
because you are asking developers to satisfy either one of V. vo needs of the Town. Either you provide
affordable housing or you preserve land. So, I think it complicates things when you have density
bonuses and then requiring landowners to pay into the CPF fund. It is just sort of complicated. I
would just ask, because we couldn't, among our little land use committee, couldn't agree on Section
A 106, which kind of is, you knoxv, it talks about the three ways that a developer can reconcile the 25%
and D sort of says, if option B or C is chosen, the applicant may build any remaining allowed lots in
the subdivision. So I would just like somebody to clarify that for us. What the 'remaining lots' what
that means?
SUPERVISOR HORTON: The section was Al06?
MS. SCHROEDER: It is the section that talks about the moderate income family dwelling units.
SUPERVISOR HORTON: Family dwelling units, right.
MS. SCHROEDER: It is A 106, it goes so way back, 106-11 but if you have the pages, it is page 17.
COUNCILMAN WICKHAM: I can speak to that if you like.
TOWN ATTORNEY FINNEGAN: That refers to the, when you have the 25%, say for example if the
25% is five lots and my math might be a little bit off, so if the 10%, if the developer is required to
build two lots in the subdivision and he has the other three lots that he could build there and get a
density bonus for or he could buy out or he could put them somewhere else in Toxvn. Those three lots,
if he did B or C, either bought out or put them somewhere else in Town, he could still build those three
lots in the subdivision as regular units.
MS. SCHROEDER: Right. Okay. That is what we thought but we didn't think it was ....
TOWN ATTORNEY FINNEGAN: Okay, I am glad that is what you thought.
MS. SCHROEDER: We didn't knoxv if it was clear or if everybody understood that.
COUNCILMAN EDWARDS: Gwynn, in a funny way, this is a sort of kind of a little mini TDR, that
is what it really represents. When you are doing it elsewhere in town.
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SUPERVISOR HORTON: I think it is a mis .....
MS. SCHROEDER: It is really xvhat you do with the 15%, if you satisfy it elsewhere.
SUPERVISOR HORTON: Right, right.
MS. SCHROEDER: And then article 11, section 106-48 E, states that 'no portion of any house lot as
described in an existing or future deed may be used for meeting the minimum required open space
land unless encumbered with a perpetual restriction preventing the development of such an area in any
way.' This section, we feel, would allow for the development of large lots that may have certain
covenants and restrictions, such as no further subdividing, rather than creating smaller, clustered lots
and one big parcel of open space. And we just think it is better that you have contiguous open space
and it will be harder for you as a Town Board to enforce covenants and restrictions if you have to deal
with five or six landowners, as opposed to one big parcel, just to maintain bio-mass and stuff like that,
too. Section 106-49 C, outlines what activities would be allowed in open space. Included in the draft
are such things as village greens, commons, playing fields, playgrounds, courts, parking facilities and
community or village sewer systems. It is NFEC's position that these are inappropriate uses and that
open space, not included farmlands, within a subdivision should be used for passive recreation and
should be maintained in the most natural state as possible to maintain bio-mass, bio-diversity and
resources such as water. And we ask that you remove those things from the code. When I read this, I
thought of a place such as Nassau County that is suburbia, xve have such xvonderful, natural places to
be. We have beaches, we have woodlands, we don't need contrived, little parklands in the middle of
subdivisions and I think that and I think that is kind of, and I know you put restrictions for 50%, but
we would just advocate for making the remaining natural. And the only other cormnent that I have is
about the tree code and we had made recommendations at the June hearing that you adopt the
recommendations of the Tree Conunittee and that is apparent that that is not going to happen in this
legislation, so xve just ask that the Code Committee make the adoption of a tree code a priority and put
it on the agenda for your next Code Conunittee meeting. Thanks a lot.
SUPERVISOR HORTON: Thank you, Gwynn. Other comments from the floor on this public
hearing? Yes, Julie.
JULIE DEBOLD: Julie DeBold for Long Island Farm Bureau. Our Executive Director, Joseph
Gergela had intended to attend this hearing this afternoon, however the Suffolk County Legislature is
meeting at this time as ~vell, so he has gone to the Legislature to address the Save Open Space bond
proposal but he has prepared written comments, of which I have copies for all of you and he would
like me to read them into the minutes. "To Southold Toxvn Supervisor Joshua Horton, $outhold Town
Board members from Joseph Gergela, Executive Director, Long Island Farm Bureau, regarding
Chapter Al06, subdivision of land. Long Island Farm Bureau supports the effort put forth by Southold
Town Supervisor Joshua Horton, Toxvn Board members, Town Attorney, Planning and Land
Preservation Departments and appointed Committee members on the proposed code, Chapter A106-
Subdivision of I-and. It is the understanding of Long Island Farm Bureau that technical points of the
proposed code as addressed by the Southold Town Agricultural advisory Committee have been
conveyed to the Supervisor, Toxvn Board members and Town Attorney by Councilman Edwards via a
memo dated August 17, 2004. Additionally, these points have been further discussed with the
Planning and Land Preservation Departments for review xvith the To~vn Attorney and incorporation
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into the code language. Long Island Farm Bureau applauds this open communication betxveen the
farming community and Town of $outhold officials and departments. Overall, the proposed code
benefits the residents of Southold Toxvn as a whole, it allows landowners the ability to work xvith local
government toward the goal of preserving the rural character of Southold Town. The preservation of
open space and farmland is vital not only to sustain the agricultural industry, but also to secure a buffer
from suburban sprawl, for our citizens' desire for fresh produce and horticultural products, wildlife
habitat protection, aquifer recharge, open space vistas and a destination for tourism. The conversion of
farmland to residential development presents a serous tax concern. Southold Toxvn recognizes the
need for public investment in important resources such as farmland which requires approximately 40
cents in government services in exchange for every tax dollar paid by the farmer, compared to the
$1.40 in services for every tax dollar paid by a homeoxvner. Farmland preservation is a sound
investment in the Town of Southold and stands as a worthwhile priority stated purpose of this
proposed legislation. That being said, it is of great importance that the definition of agriculture within
the Southold Town code agree with that of New York State law. In order to provide for an inclusive,
rather than exclusive definition of agriculture within the Southold Town code, Long Island Farm
Bureau respectfully requests that the phrase 'per New York State Agriculture and Markets law, section
301, as may be amended' be added to the town definition of 'agriculture' as well as inserted prior to
'may' at Article XI, cluster development, section A106-48, determination of the location of clustered
open spaces using primary and secondary conservation areas, C. New York State Agriculture and
Markets Law, Article 25-AA (Agriculture Districts law) Section 301 provides the statewide definition
of agriculture. Though local governments xvithin New York State enjoy the home rule privilege, at the
end of the day, should the local definition be challenged, it is the Commissioner of New York State
Department of Agriculture and Markets who will make the final determination. Subsequent to the
June 29th public hearing on Chapter Al06, sections regarding the conservation subdivision definition
and Article VIII, open development area, Section A106-33 (3), had been revised to include
commercial development, in addition to residential development. Long Island Farm Bureau request
the term 'non-agricultural' be inserted prior to 'commercial development' in these sections, as
clarification. The Conservation Subdivision and Open Development Area concept are top-shelf tools
to be used in the presentation of open space and farmland. Whereas farmland preservation is a stated
purpose of this proposed code, it is incumbent that farmers be allowed to farm their land. Long Island
Farm Bureau supports the proposed legislation, Chapter Al06, as a good first step toward achieving
Southold Town's land preservation objectives. From this base the Southold Town Abwicultural
Advisory Committee can work with Town government to address a Rural Incentive District (RID) and
transfer of development rights (TDR) program. Long Island Farm Bureau believes the best farmland
presetw, ation tool is an economically viable farming industry. The economics of farming will
ultimately determine the land use pattern, if economically viable, fainting contributes to that which we
would all like to see retained- a beautiful, rural commanity." Thank you.
SUPERVISORHORTON: Thankyou. If you have those comments.
MS. DEBOLD: Would you like a copy?
SUPERVISOR HORTON: Yes, please. We ~vill enter them into the record. Thank you. Are there
other comments from the floor? Yes, Melissa.
8/24/04
Public Heating - Chapter Al06
53
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As most of you know, I have been a
planner working here for about, I guess this is my 17th year with the Town. While I xvas working with
Valerie in the Planning Department we were always working towards a rexvrite of the subdivision
code, as time allowed. Now, the Supervisor mentioned earlier today at a work session, I did my thesis
on the rewrite of the subdivision code. So as you can imagine, I am glad to see the Town Board
moving towards the adoption of the proposed new subdivision regulations. There has been plenty of
uncertainty in the past few years and I am hoping that the clarification of the terms of the conservation
subdivision section and the other parts of the new subdivision code will help to clarify things for
landowners and in turn, will help to expedite the Toxvn's very important land preservation efforts.
Thank you.
SUPERVISOR HORTON: Thank you. And you get a high grade on your thesis. Yes, Mr.
Huntington.
RAY HUNTINGTON: Ray Huntington, Cutchogue. Also speaking for the North Fork Environmental
Council. The subdivision rewrite that we are talking about is better than what we have now. And it is
17 years later but it is here and that is good tbr a variety of reasons which I won't go into. I would like
to just bring up some other things that we still lack definition of terms. The term such as development
right, for example. Open space lands and preserve are not yet defined adequately or not defined at all.
But there are other things, too, that Gwynn enumerated before, these are things that still need work.
But let's look at the components briefly, anyway. The essence of what we are talking about is the
difference between a conservation subdivision and the standard subdivision. They are different but
they are really quite limited in encouraging conservation subdivision over standard subdivision. The
difference between the two, according to our estimates amounts to avoiding RDU's or houses,
dwelling units and that would be equivalent to about 5,000 people. That is the difference between the
two. It all depends on how many conservation subdivisions occur, of course. But even ifxve didn't do
that, are would still have 1,500 RDU's and 4,000 people. So, both ways, that is with or without the
conservation subdivision being extensively employed or employed less than that, we still are talking
about a lot of people. We are only talking about part of the to~vn, we are only talking about the
subdividable lands, which is obviously appropriate in a subdivision part of the code but we are only
talking about part of the town. It is not going to stop much of the 16,000 to 20,000 people growth,
growth in population that is forecast. Maybe 25% of it, if we are lucky. So there is a lot more to go.
It is what we have now, it is the result of the work that has been put in, is better than we have now.
But it is no silver bullet. We need something with more effect if we are serious about land
preservation and density control. We are concerned that the Town Board is either underestimating the
threat of, or catering to only a few of us. It is a bigger problem than this legislation corrects. What
shall we do? Well, first of all we should take out the bonus lot for affordable housing. It is not really
needed, it just goes in the wrong direction. We need to fix the definition of terms and address those
items that Gwynne covered earlier. But we also need to pass this legislation. We have used up all the
time, we must move on. We must move on and address more tools to address the 70 to 80% of the
over-development threat that remains. I hope you have some good ideas for that because this alone
doesn't cut the mustard for the future Town of Southold.
SUPERVISOR HORTON: Thank you, Mr. Huntington. Other comments from the floor on this
public hearing? Mr. Baiz.
8/24/04
Public Hearing - Chapter Al06
54
CHRIS BALE: I have a rather lengthy statement that ! xvould like to read here but I have been
instructed to cut it short. What I would like to say is that I think this effort is one of many small steps
for~vard for this community and xvith the passage of this current legislation, it will be the first of many
giant leaps into the future for the conservation of Southold. Gentleman and lady, I hope you will all
pass this document as it is presented today.
SUPERVISOR HORTON: Thank you, Mr. Baiz. Are there other comments from the public? Yes,
sir.
UNIDENTIFIED: Can you tell me if this is the appropriate time to comment about the parking?
SUPERVISOR HORTON: Yes, it xvill be, well, I can't tell you when it will be. I xvish ! had a gauge.
But as soon as we are complete with this public heating, we will move into the next public hearing.
Thank you. And I also appreciate your patience. Yes, Mr. Keil.
ERIC KEIL: My name is Eric Keil and I am a resident of Mattituck. Ray Huntington and I don't
agree on everything but I am pretty sum that I think I heard him say that he thinks this should be
passed and if that is what I said, I agree with him. I applaud members of the Town staff, the Town
Board, Town Attorney, Planning Department, Land Preservation Department for all the hard work that
went into this document and I hope that when this public hearing is concluded, that you will pass this
legislation and move forward. I agree that it is probably not the whole package but it is a terrific first
step and I think that once we have got this under our belts, if the community can move forward with
other things that will assist us in furthering our goals. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Keil. Would anyone else care to address the Board? (No
response) We will close this hearing.
Southold Town Clerk
#7064
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Joan Ann Weber of Mattituck, in said county, being duly
sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the
5th day of August ,2004.
Principal Clerk
Sworn to before me this day of
2OO4
gust 5, 2004
/EGA L$.· Chapter Affi6 Subdi, isions of Land is
· being repealed and replaced in its entire-
I~-From pre¢ous page [~ with a ne~ Subdivision chapter. This
/hap[er hun been designed with the input
PARK AND RECREAIION FEE
hlonc) paid iii hcu pt a park dechcau,
draft wan published in ~ts entirety in the
Suffolk Times and was the subject of
one public hearing on June 29. 201M.
~hich ~as kept open for 10 days to
allow for ~rluen comments. The com-
ment~; have been incorporated into this
revised C~apter.
As recommended in the DGEIS pre-
executed by die o~ner with securi pared for the Town Board in 2003, this
acceptable to the To~[ ti Board to in,u revie~ and revision of the Subdivision
the completion ,q the required pun Code will result in simplification and
improvements in accordance ~ith [ improvement of the regulations. This
estimate approved b) the ()ffice of tY revision wd[ benefit review and pro-
prepared prior m die iinal plat fur th a Conservation Subdivision. ~hich crc
RECREATION, PASSIVE the q~lbdixision, but also provides the
STREET. COLLECTOR Antreetc thc To~xn to create affordable horsing
STREETARTERIAL Amamslree ho~ne- m 200U2002 wa, $3q0.493.00,
NOTICE OF PUBLIC HEARING
NOTICE [S HEREBV GIVEN that
there ,~a~ presented to the Town Board
of the Town of Southold. Suffolk
County. New 'turk. on the 27th day of
July. 2004. a Local Law entitled "A
Local Law in relation to a ne~a
Chapter Al06 - Subdivision of Land
of the Code of the Town of Southold**:
and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Woven of Soulho[d will hold a public
hearing on the aforesaid Local Lax~ at
IbC Southold To~n Hall. g3995 Main
Road, Southold, New Vork, on August
24, 2004 at 5:05 p.m. at ~hich tune all
Subdivision of Land of the Code of
LOCAL LAW NO. of 2004
BOARD OF THE TOWN OF SOUTH
OLD AS FOLLOWS:
SECTION 1. LEGISLATIVE
iNTENT.
ine needs of and the challenges faced by
joint meetings were held with the Toxun
Board and the Village Board of
Greenport regarding affordable housing
and the proposed annexation of portions
of the Town to the Village. While the
Boards differed in their approach to the
District I AHD), these amendments pro-
AHD,
The Special Projects Coordinator hag
zoning. This information has been sum
marized and prepared in report form for
inrplemented in regions throughout the
deveinpern to include affordable hons-
lng units in ~ubdivisions. These pro-
able housing units, a~ in Southold. Mn
in June 2000 there were 21 houses avail-
able for sale in the "under $3~1.000"
showed the average price of a home for
sale was $797.828.00. Mr. Behz's report
la requiring tbat 25% of all reaidemial
lots in ne~ subdivisions be designated
as affordable. The Town Board express-
finns dated July 26. 2Pt/4 v, ith the pa~-
~age of dds revlned Subdivtsion Code.
affordable unit~ in a subdivision. A~ a
hand. and the shortage of affordable
Section 2. CODE AMENDMENT.
Chapter Al06 of Ihe qbwn Code of
entirety and replaced with the follow
Lng:
Chapter Al06
SUBDIVISION OF LAND
ARTICLE I.
General Provisions
§ Al06-1. Authorit).
authority conferred in Article 16 of the
Toxin L~w of the State of New Vork. tile
State of Ne~ York and Ihe Municipal
§ A 106-2. Purpose.
including falmland, opeu ~pace and
E. Promotinn of trannportatinn ere
F. Creation of affordable housing
opportunities for residents of the To~ n.
ARTICLE Il
Definitions
§ A106-3. Definitions.
AGRICULTURE - The production.
keeping or maintenance, for sale or
mutation of hybrid> thereok including
Ibc breeding and grazing of any or all of
fur animals; fruits pt all kinds, mcloding
gram.
AGRICULTURE RESERVE AREA
- A parcel of land which is set aaide in a
subdivision in perpetuity for conserve
use for agriculture.
APPLICANT Any person, firm.
corporation, partnership or association
who shah lay out. for the purpose of sale
or development, any subdNisinn or part
thereof. ~ defined herein, either for
himself or others.
BUFFER AREA Portions of a par-
cel v, bere existing or man-made terrain
is used and deaigned to protect sensitive,
natural and cultural resources including
[andformn, surface v. ater, habdat, vege
teflon and aesthetic or ~cenic vistan.
BUILDABLE LANDS The areaof
a lot or parcel, not including the square
footage of tidal and freshwater wel-
lands, land seaward of the Coastal
Erosion Hazard Area Line. beaches.
bluffs, primary dunes, secondao' dunes,
unde~vater lands, land subject to the
transfer, sale or extinguishment of
development rights and other re.fric-
tions that prevent the use of such land
for construction of buildings or other
development. The terms "wetlands."
"beaches." "bluffs." and "underxxater
lands" shall have the meanings set forth
in Chapter 97 of the To,un Code.
Wetlands and Shoreline. The terms
lng grading
CONSERVATION The protecin m
CONSERVATION SUBDIVISION -
A ~ubdi~ ision which meetn either of the
following two 5els of requirements:
at least ~eventy-Exe (75) percent of
buildable Imlds v. dl be permanendy pre-
served and protected from all residcmial
or commercial development by mean~
of the sale, transler, gift or exlinguish
ment of development rights, and in
which density is reduced by at [ea~-t sev
enty five (75) percent of the permissible
density of the subject parcel according
to zoning {a "75/75" conservation sub-
divlsion"l: or * b) at least eighty (801 per
cent of buildab[e lands wi0 be pertna-
nently preserved and protected from all
residential or commercial development
by means of the hale. iranst~r, gift or
extinguishment of development rights.
and the inclusion of clustered open
space of the permitted yield, and in
~xhich density is reduced by at [east
sixt', (60) percent of the permissible
detl~ity of the subject parcel according
to zoning {an "80/60' conservation sub
divisinn"h Those uses of preserved land
pemdtted b~, the ro~n Board pursuant
to legislation shall be pettnuted.
CROSSWALK - A right of-,,~ay ded-
icated to public use. ten ti0} feet or
more in ,~idth. wbich facilitate~ pedes-
trian access to adjacent sn'eetn and prop-
lands required for the installation of
flooding,
EASEMENT A pennanent restric-
Board,
GRADING A redistribution of soil
Chapter 46 of the Tov. n Code. Flared
IMPROVEMENT- Any aheralinn gl
NATURAL BUFFER - A naturally
existing mid proposed.
PARK DEDICATION - A dedication
L,E:GALs...
~From prev/o~s
or reservation of land in a subthvisio~
for active or passive park pm'poses,
exclusive of lands to be used for
drainage r~eharse.
pARK AND RECREATION FEE -
Money paid in lieu of a park dedication
to the Town of Southold Park and
Recreation Pa~ for use in the acquisi-
tio~ or cspi~ improvement of Town
parks and re*realiGn facilities.
PERFORMANCE BOND - A bond
executed by the owner with security
the complatton of the required public
mxprovem~qts in accordance with an
estimate at~°v~ by the Office of the
Tow~ E~gin~.n$ office.
PLA~G BOARD or BOARD -
Tbe Pl~min$ lh~of of ~ Town of
$outhakt, Suffolk Co, rely, New Yoek.
PRELIMINARY PLAT - The map
~'ep~ed l~inr to the final pim for the
guid,qn~ of th~ Applicant sad the
pismsing Bo~t, in tbe manner pre-
~ribed by tbes~ ragularions, showing
d~i,~e, and other ~nticipated improve-
metaa, psfl~, open space or agriculture
~e~orve ~ ~aown on the subdivision.
PR~$F. RVATION -- ~ protection
tur~a in tbei~ mstaml or existing condi-
~ for msuictive ~A non-consumptive
RECRF~TtON, ' ACTIVE -
ll~r~tional u~ of hind requiring its
subeiant~l improvement including but
not Umitod to playing fiald~, tennis
cout1~, mw{mining pools mud the like.
RI~CREATION, PASSIVE --
R~onal u~ of land r~qulring lin'lc
RE-SUBDI%'ISION - A subdivision
of ~ wfaich involves radrawing
b~ilding pmlao~s wlw~ no lot has been
duvalol~d er Ihe furt~r division or
alterario~ of im lines ~ dimensin~s of
GUsty ~ppro¥~ ~ad fil~:d in tho offw. e of
the Suffolk Counq, Clerk.
S~R~ - Tile ~ew ¥o~k State
~avimsm~Sal ~ Review Act and
its impleme~dn8 ~gulari~s.
~TREET OR R}GHT. OF. WAY
t~ {in,n, me~sts~d at ~dgbt nn~le~ to the
highway which s~r~eg or is intetlded to
se~e ns a n~im coliecto~ m~d within
State Rosd 25 ~d Cot~ty Route 48
from incal ~l~ats.
STREET. ARTERIAL -A main
m' hi{hway car,'ins ~ high propo~on
~oo~o~1, ~md in~ladi~ Sm~ Routs 25
s~l County Ronte 48.
tomy. be on file ~x~d or ~ievnted ~ a
tdki~g, walkl~, hersel~:k ~ or
ott~z similar r*er~,Uonal I~u'stut but
~ p~suant m this cbup~*.
ARTICLE III
C, enerM $ukdl,Y, aloa Requlttmems,
{ AI,~*.4. C~ml Requirements.
vafionn parts of the Comp~hensive
the neighbering properties.
the planning obj*etives of thc
and off-str~t parking.
AR~CLE IV.
~Mg or c~ of ~ or o~r dis-
s~t to ~is ~r ~fit fi~ ~val
~o~ ~ ~is c~r.
(a) S~h Pl~ ~licimon
Development Area [ODA]
(a) Final Applicatio~ Form;
Engineer.
5. Scale. Unless otherwise specified
by the Planning Board, an ERSAP shall
be prepared at the scale of 1"= 100', with
a key explaining information and sym-
bols on the plat.
6. The following information shall be
included on the ERSAP:
a. Ali existing structures.
b. Topography, the contour lines of
which shall be at five-foot intervals,
determined by plioto-grammatry
lalthough ten (10)-foot intervals a~ per-
missible beyond the parcel boundaries,
interpolated from published U.S.
Geological Service "USGS" maps).
i. Slopes equal to or greater than fif-
teen 115) percent shall be clearly thdi-
¢. 13later resources:
L Wetlands pursuant to the
Freshwater Wetlands Act,
Environmental Conservation Law
("ECL") §24-0101. et. seq.. the Tidal
Wedands Act, (ECL) §25-0{0l. et.
Seq., and Chapter 97 "Wetlands and
Shoreline" of the Code of the Town Of
Southold.
ii. Sole Source Aquifers and/or
Aquifer P, gcharge Areas.
iff. Municipal water supply water-
shed areas.
d. l-~oed-pron¢ areas as shown on
Federal Emergency Management
Agency (FEMA)
e. Maps and other information put-
A. pees may be charged for review of ' suam to Chaptor 46 of the Town Code
sketch, preliminary and final plats and
feinted adrnihistrative activities. Such
fees shall be paid upon submission of
th, opplieation.
B. Fee, Schedule, Applications
$ubdlvislnn Appllea- Fee
Sketch plat $1000. $750.
I~limin~y Plat $1000.
Final Plat $ 500.
Conservation SubcFtvision
Sketch & Final Plat $ .~0. $ 350.
Sketch & Open
Development Map $ 500,
Creation of Lot
wilhin ODA Map '$ 350.
Lot Line Applications 500.
Plarming Bonrd m~y charge the
Quality Review Act
§ A106-9. {Reaer,~ed)
ARTICLE V
Sketch pint Review
§ AI~6-10. Subml~lon.
A. The Apptic~t shall subm/t to the
Plnnning Board twelve (12) copies of
a site li,.apection upon receipt of an
application.
B. Upon request, the Applicant shall
to discuss the objectives and applicabil-
not limited to, the reqfftrements for
age, water supply, fire pro.etlon and
prepared by a licensed New York State
(Flood Damage Prewntinn).
f. Areas legally protected by the
County of Suffolk, thc Town of
Southold, privaw trusts, qualBied cea-
on the property according to:
or of historic use (pedes~risn, equestri-
ohialr~d by the Applicant.
proposed county or state park or other
ondary dunes.
LEGALS,..
preliminary approval, till doculnent,
required b: [hb seclion ,hall be re,ub
§A106-23. IResersedl
ARTICLE VII
§ A106-24. Submission.
piping.
h. Test hole and boring data.
i. All existing and proposed ease-
§ A106-28. Action on Final Plats
Which Are in Substantial Agreement
with Approved Preliminar3 Plats.
approve or conditLonai[) approve
foregoing provision~ hereof, the time m
Planning Board.
§ A106-29. Final Plats: Nog in
Substantial Agreement ~ ith
Approsed Preliminao Plats or When
No
Preliminar) Plat is Required.
umutu3.~o,~ ]aqlom, .~lOiinS Jo
LEGALS..,
~.--From previous page
may be extended or modified by the
Planning Board, in consultation with
the Town Engineering Office and the
Superintendent of Highx~ays. with the
approval of the Town Board.
B. Default. In the event that any
required hnprovemems have not been
installed as provided in this section
within the term of such security agree-
ment. the Town Board may thereupon
declare the said performance or mainte-
nance bond or security agreement to be
in default and collect the sum remaining
payable thereunder; and upon the
receipt of the proceeds thereof, the to~n
shall install such improvements as are
covered by such security and as com-
mensurate with the extent of building
development that has taken place in the
subdivision but not exceeding in cost
the amount of such proceeds,
ARTICLE X
Required Public Improvements,
lnsF~tions, Fees
§ A106-40. Required improvements
and utiliti~.
A. All public improvements shown
on the f'mal plat and final road and
drainage plans will be required and must
B. The following public utilities will
be required, but bonding is not required.
Assurance of construction from the
appropriate private company or public
agency must be supplied to the Plannthg
Board by the applicant.
i. Fire hydrants as specified by the
Fire Commissioners (only when water
mains are to be installed).
ii. Sewage disposal facilities when
specified by appropriate agencies.
iii. Utilities, including but not limited
to electric, gas, telephone and television,
all of which must be located under-
ground. The applicant shall provide a
letter from each public utility company
stating that the company will make the
necessary installations for its service.
These letters shall be submitted with the
performance bond provided pursuant to
§AI06-37.
C. Public improvemeuts subject to
the bonding reqalrements of this
Chapter shall be constructed in accor-
dance with Chapter AI0g. Highway
Specificatinn~.
D. Fire wells shall be in,tailed
according Io the speci(~catinns of the
respective fire district. Upon completion
of the installation,, the apphcant ,hall
arrange for applx)pfiate testing of the
§ Al06-41. Inspection of improve-
ii. No v, ork on an}, item in this sub
section shall begin on a week end or
legal holiday.
C. The developer shall notif) the
Tov, n Engineering office and
Supedntcedent of Highways, in writing.
at least five days prior to the completion
of each of the above phases of construc-
tion.
D. Construction testing of roadway
pavement materials shall be performed
in accordance with the requirements of
the road and drainage standards for the
Town of Southold.
E. The Town Engineering off~ce shall
coordinate the placement of the follo~
ins improvements, with the developer
and the utility company:
l. Water mains and hydrant connec-
tions, prior to back[-dling.
3. Placement of underground electric.
telephone or television cables.
4. Placement of underground lines/
mains·
5. Installation of all underground
drainage structures prior to hackfillmg.
E A Fmal inspection of all improve-
monts shall be made by the Town
Engineering office and/or
Superintendent of Highways to deter-
~nine whether the work is satisfactory
and in substantial agreement with the
approved l-mai pint drawings, design
standards of these regulations and the
construction specifications for subdivi-
sions. The general condition of the site
shall also be considered. H it appears
likely that hazardous conditions exist or
may arise, the Town Engineering office
and/or Superintendent of Highways may
require that special measures be taken
by the developer.
G. All development greater than a
cumulative area of one acre shall require
Phase I1 Stormwater/erosion control
mitigation requirements ~ set forth by
federal and state regulations including
SPDES General Permit for Stormwater
Discharges from Construction Activity
(GP 02-01).
§ A106-42. Administration fee.
A. Administration t~es shall be
required for subdivision map review,
project coordination and field inspec-
tions by the Toxin Engineering office.
B. This fee shall be equal Io six 16)
percent of the adopted final total co,t of
capital tmpro~emems {performance
bond estimatcl, including but not limit
ed Io roads, clearing and drainage.
part of the subdiviston {subdixision on
an improxed roadL thc Applicanl shall
pa3 a review fee equivalent to t~o thou-
percent of the bond estimate, ~ hichever
D. All chcck~ ~hal[ be made payable
to the 7own of Southold.
§ A106.43. Waiver.
§ A 106.44. Safeguards during
requirements under SPDES pemlit GP-
§ AI06-45. Medificafion of Design of
preferable Io modit~, the location or
The Town Engineering Office shall
§ A106-46. Mapping of Completed
their installation has been approved by
the Town Engineering Office and a map
satisfactory to the Planning Board has
drainage utilihas as actually installed
by the developer.
drainage maps. the Town Engineering
office shall have the fight to require
amended maps for the public record.
shall be required for each subdivision.
2. Property boundary (surveyl mon-
plat.
ARTICLE XI
upon a finding that natural and scenic
qualities of the parcel including but not
limited to the follo~ing, should be pre-
served:
I. Slopes: slope, of fifteen (15} per-
cent or greater on twent3-five (25~ per-
cent or more of the property.
2. Land seaward of the Coastal
Erosion Hazard .~M-ea line.
3. Water resources: ~etlands. aquifer
and aquifer recharge areas, municipal
water supply watershed area& flood-
prone areas as shown on Federal
Emergency Management Agency maps,
New York State Protected Areas. or
areas legally prolected by the County of
Suffolk. the Town of Southold. Private
Trusts or other Entities or Agencies.
4. Agricultural lands: active farm{and
within a New York State certified
Agricultural Disuict. lands within 2,000
feet of a New York State certified
Agricultural District, or soils classified
in groups I to 4 of the New York State
Soil Classification System or areas
legally protected by the County of
Suffolk, the Town of Sotahold, Private
Trusts or other Entities or Agencies.
5. Community water and/or sewer:
sites where community sewer, commu-
nity water, or communi~' water and
sewer are available or planned.
6. Critical Environmental Areas:
Lands within or contiguous to a Critical
Enviromnental Area designated por-
suant to Article 8 of the Environmental
Conservation Law.
7. Designated open space axeas: lands
contiguous to publicly owned or desig-
nated open space areas, privately owned
designated natural areas, or areas identi-
fied in the Southold Town Farm and
Farmland Protection Strategy.
8. Historic structures and sites: his-
toric structures or areas of national, state
or local importance.
9. Scenic view sheds and special fea-
tures: sites bordering designated State,
Couniy of Town Scenic Roads, or "spe-
cial features" identified in the Town's
Comprehensive Plan.
10. Si_enificant natural areas and fea-
tures: areas with rare vegetation, signif-
icant habitats, or habitats of endangered.
threatened or special concern species as
determined by the New York
Departmem ot Environmental
Conservation {Natural Heritage
Program/ or the Town Conservation
Board. mature fore%s over one-hundred
{ tO0) years old. lixall2, importam vege-
tation or umque natural or geological
II. Trails: existing and potential
trads, bikewa~,s, and pedesman routes
12 Recreation: lakes. Ponds or other
Board.
calculation of the minimum required
open space.
3. Roads, street~, right-of-ways ma5
not be included in the calculation of the
ulinimum required open ~pace.
§ A106-48. Determination of the
Location of Clustered Open Spaces
Using Primary and Secondary
Conservation Areas.
A. The required open space land shall
consist of a combination of Primary
Conservation Areas and Secondary
Conservation Areas as defined in
§Al06-3 and described in §Al06-11(C).
The proposed design shall strictly mini-
mize disturbance of these environmen-
tally sensitive areas. The Applicant shall
demonstrate that such features will be
protected by the proposed subdivision
plan.
B. The location of open space lands
shall be determined in general accor-
dance with the goals of the Town's
Comprehensive Plan and [n particular,
with the Southold Town Farm and
Farmland Protection Strategy to provide
an interconnected network of open
space and farmland.
C. Active agricultural [and with
farm/agricultural support ha{Id{rigs_may
be used to meet the mininmm required
open space land.
D. Open space land should generally
remain undivided. No individual parcel
of common open space shall be less than
one (11 acre except for roadway median
strips, traffic islands, walkways, trails,
courtyards, play areas, recreation facili-
ties, drainage ways, historic sites or
unique natural features requiring corn
mort ownership protection.
E. No portion of any house lot as
described in a existing or future deed
~nay be used for meeting the minimum
required open space land unless encum~
bered with a perpetual restriction pre-
venting the development of such area in
any way.
E House lot standards. Development
areas for the location of house lots
include the necessary building envelope
for each dwelling unit. constituting the
remaining lands of the tract outside of
the designated open space areas. House
lots shall not encroach upon Primary
Conservation Areas and their layout
shall, where practical, respect
Secondary Conser~atinn Areas. House
lots shall be designed in accordance
~ llh the folhiwing standards:
I. The bulldable area of all proposed
lois all ~hall meet the Inllox~ lng ~ethack
requiremenN to the greatest extent prac
a. From all external road right of
haled seemc bywa>s IS.R. 25 and C.R.
48t: one-hundred ~ l{ffh feet.
b. From all other tract boundarLes:
§ A 106-49. Protection and Use of
Open Space Lands.
sl! u! ',(em p.mOtl ~u~'Uqd aql 'uoisp4p 'rant (t~) .mo~-~uo~ .pu~o~ m uou~c~/to~ 'am~ 'uos~ad ~:uv '9
'~e,~p uom aql t~ qma atLl. 'taa~ (Og) '~J jo sn!pm ~p ptm s~ann~ 'slap~a[ ql!~ pec[d!nfro u~ s! sp~oj~ m~tuase~ aql qog4t~ needs
B. Clearing of vegetation within the
indbddua[ residential lots on a subdh, i-
sion plat approved pursuant to this
Chapter shall be th accordance with (C}
of this Section.
C. Lot size and Permissible Limits of
Clearing. Existing native and/or non-
native vegetation shall be preserved
subject to the following limits of clear-
ins schedule.
Percentage of
Lot Size {Sa. Ft.I to be Cleared
30,~01 to 60,000 :50
60,001 to 90,0(~0 35
90,001 to 140,000 25
140,001 to 200,000 20
200,001 or greater 15
D. Clearing limits shall be clearly
staked and approved by a New York
m any clearing or grading.
E. Cleari~ of vegetation within
space areas not in agYicufinral use in
approved final clearing and/or grading
plan or approved pint.
F. Clearing of vegetation shall be per-
vision as approved in accordance with
~s C2hapter upon the issuance of a
Building Depam~nt.
G. P~q.x~nins located oa ~ Town of
~onthoht Farm ~ Farmland Inventory
14. Creating of Slopes Equal to
Greater tha~ 15 Percenc The Planning
Board tony Penmt the cle,~ing of slopes
equal to or gzeater than 15 percent with
the approval of an Emsinn and
Sediraem C.0mml Plan prepared by a
New York State Licensed E~gineer.
· f. Landeeaping and C~ound Cover
L All fo~ which are not covert by
structures of paving shall be properly
seeded of ~eoped by the Developer
pamuant to an at~mved phm. The~ lots
ate to be maintained by the lando'~ner,
or as otherwise provided by this
2. Each lot shall be pmvicled and/or
planted with t~"s that ate acceptable to
the Planning Board. This requliemcnt
may be w~ived by the Pinnning Beard th
limit of cle~in4 requiremcnta.
3. When a proposed ~u~bdivislon bor-
ders upon an existing commercial or
indus~ial e~ablisliment, of say other
use which, in the opinion of the
plarmtu~ B~lld. Ii~ay be viso~liy ~effi-
residents of the subdivision, the
planniag Boaof may reqt~e a inmt~ape
sc~ee~ouffet to protect the ~ubdivislon
f~0m the visually incompatible use.
watershed of that pinin or zone by way
of a swale shall be left in its aatarni
C. No subdivision design will be per-
mitted thai would create a tlood or
fioediag hazard to adjoining or nearby
properties including public road~ and
property.
§ A106-58. Storm Water, Drainage
and Erosion Control.
A. All storm water runoff resulting
from the development or improvement
of a subdivision or any of its lots should
be retained on-site by adequate on-site
drainage smactures so that the storm
water runoff will not flow into the right-
of-way of a town, county or state road,
upon any neighbering properties under
gettems and/of conditions on adjacem
Boat~
Pmait ~ sto~ water msc~'ge ~m
ARIlCLE XIV
ADDITIONM~ RR~LIREMENT8
§ A156-~9. ~thndards and
The approval by file Planning Board
When a park. playground, or uther
the approval of said Final Plat shall not
such area. and the Final Plat shall be
endorsed with appropriate notes to this
effect. The Planning Board ma}' also
require the filing of a covenant provid-
thg for future dadicatinn or other trans-
fer of title, development of the site, and
C. Acceptance of streets and parks
and subsequem expiration of final plat.
Acceptance of formal offers of dedi-
cation of streets and parks shall rest with
the Town Board. If the plat is r/at filed or
recorded in the office of the Count}'
Clerk, then such offer of dedication
shall be deemed to be void.
§ A106-60. Reservation of parkland
on subdivision plats containing resi-
dential units.
A. Land reservation determination.
Where the Planning Board deter-
mines that suitable land for a public
park, playground or other recreational
purpose exists within the boundaries of
a proposed residential subdivision, the
Beard may requke that a portion of the
subdivision lands be reserved for such
purpose. Such determination shall be
besed on an evaluation of the present
and anticipated future needs for park
and recreational facilities in the town
based on projected population growth to
which the particular subdivision plat
will con~bute, in determining whether
or not to require the reservation of land
for punk park, playground or other
recreational purpose, the Planning
Board shall consider by the criteria and
procedures outlined in subsection A t06-
60(C) below.
B. Amount of land to be reserved.
The amount of land m~a to be
reserved for public park, pinygronnd or
other recreational puq~ose shall be
determined by the number of new resi-
dential building lots within the proposed
subdivLalon. Upon the r~commendatiou
of the Plelming Board and where the
Town Board deems it appropriate, up to
five (5) percent of the total acreage may
he subject to dedication.
C. Criteria for land reservation.
require the reservation of hind for public
pafl~ pinyground or recreational
es, the planning Beard shall consider the
following f~ctors:
1. Whether suitable land exists with-
posed subdivision and that of the sur-
rounding area are compatible with a
with the populatmn density of surround-
ing neighborhoods, is sufficiem to justi-
fy development and long-term maime-
nance of a public park, playground or
8. Whether the site is located near or
duplicates recreation fuediries alreedy
provided in the area, particuinrly those
providing the same type of recreation
opportunities, including facilities locat-
ed on public school grounds;
9. Whether development and
place an undue burden on Town
10. Whether the site contains any
unique and. significant physical, aesthet-
ic or ecologiqal features that would
make it particularly suited for environ-
mined in the Comprehensive Plan for
the Town of Southold and/or the Plan
for Parks and Recreation in the Town of
Soathold, if any, in effect at the time the
subdivision application is made; and
12. Whether reservation of the had is
objectives of the To,wa with respect to
the development of parks and reCreanon
faclhty development.
D. Preliminary determination and
referral requital.
Prior to msidag a final determination
that land will be reserved for Pobhc
petit, pinygmu~l or other recreational
purpose, [he Planning Board shall first
make a preliminary detenninarion that
such land ve. aeiwation will be ~Xluired,
and shall refer the proposal to the Town
Boar~ Land I~est~valion Committee
and the Public Wotha Depagiment for its
input on the matter, Said referral shall
occur as early as possible th file subdivi-
sion review prooe~ and prior to the pub-
lic hearing on the preliminary plat appli-
cation. A referral is not nor. essary where
the Planifing Board makes a l~telimiam'y
· det~ninatima that it wi fi not require the
reaetwafinn of land.
E. Re.x, etvarion prior to signing of
tmal pint.
The reservation of public ~ play-
ground or a:ereatlon land shall occur
prior to the signing of the final plat by
the authorized officer of the planning
Board, or in the e4me of a final plat Fred
in sections, prior to the signing of the
approved final pint of the first secfion
thereof, hi ca~s whe~ a f'mai plat is
filed in sections, the tntal land area that
is proposed to be resen, ed for pubhc
park, playground or recitation
shall be shown upon, and nieluded with-
in, the final pint of tlve frisk section.
E Satisfaction of parkland ~servn-
cci which is proposed to be reserx ed for
final plat indicating that the land is so
ed or built upon except fin po}lie park.
l. If the planning Board makes a
proper case for requMng a park or parks
suitably located for playgrounds or
suitable park or parks cannot be proper-
ly leca~d on such subdivision plat. the
Planning Board may require a sum of
money in lieu thereof. The fees shall be
as follows:
a. Standard Subdivision $70(10. per
b. Conservation Subdivision $3500.
c. Affordable Housing District -none-
2. Timing of fee payment. Fees must
be paid prior to any final appro'~al
except in the case of an Open
Development Area where the fee shall
be paid npon implementation of the
ODA (e.g. when the lotfs) is lure) creat-
ed).
fund. All fees collected pursuant to this
section shaft be placed in a separate wast
fund(s) to be established and used by the
Town exclusively for the acquisition of
public park, playground or recreation
land. and]or for the improvement of
public park and recreation facilities.
§ A106-61. Re~rvnflo~ of L~nds for
Pedestrian Trails.
Ptu~uant to New York State Town
Law §27g and to foster the goals of trail
creation and pres~vatinn, the Phmning
Board may requke the reservation of
lands for park ptuposes and it may
reqinre some or sil of that land be desig-
anted as pedestfilm trails, in accordance
with the following comideratinns:
A. To the extent it is consistent with
proper overall land u*e principles, exist-
lag trails shall be preserved in their nat-
prolx~ed subdivisie~.
B. Where a subdivisioo layout cannot
adherence to legitimate land u~e policies
and principles, the Planning Board my
· require relocation of trails within the
proposed reserved areas to maintain the
integrity of the system. The po~itinn el
any relocation shall be es~blished b)
distmbance to natural features deeme~
C, [n order to provide notice to th
public, all trolls shall be shown on th
final map of the propos~ subdivisiot
Exiati~g and relocated trails shall he di~
dngnished on the map. Said trnils and a
property rights, both private and pobli,
relating to dte trails shall be delineat~
hy declaration or other proper leg
tion to , new 6iap~t~r"~'":
Suhd/v~/ou of L~d M the C~e of
L~ LAW NO. of~
~p~ AI~ - Su~ivision of ~d of
~ ~ of ~ To~ ~ Sou~td.
BE ~ ENA~D BY ~ ~
BO~ OF ~ ~ OF SO~t-
O~ AS ~LLOW&
8EC~ON L LEG~LATIVE
~e To~ B~ Fro& ~t ~e c~-
~le to mint ~ ~g md c~-
cc{n~ensus showed a need to address the
cnsts) to create a Housing Fund. The
creation of the fund provides the neces-
sary vehicle through which the Town
crops; ~ animals and dar3, producis;
poultry and Poultry products; livestock.
incinding beef cattle, ~heep, swine,
horses, ponies, mules or goats or any
mutation of ~ybr/ds thereof, including
the breeding and grazing of any or all of
such animals: bees and apiary products:
fur animals; fruits of all kinds, including
grapes, nuts and benies, herbs, vegeta-
use for agriculture.
junsdcJonal buffers (i.e.. lO0' from
wetland boundao,L prime farmland.
nificam wildlife habitat mas, historic.
'archeoingical or cultural features listed
(or eligible to be listed) on national,
adjacent properties and existing public
for the pavpose of preserving or con-
resources or systems, including agrinul-
including,
bodies, drainage courses, freshwater and
tidal wetlands, dunes, Nuffs. beaches,
woodlands, shrublands, grasslands.
large trees, glacial erratics, unique or
unusual plants and h'ees, wildlife habilat
and scenic vie~s or overlook areas, sig-
inficant or prime agricultural soils and
all combinations thereof.
OFFICIAL MAP -- The map estab-
lished by the Town Board parsaant to
law; showing streets, highways,
drainage rights-of-way, park areas, both
existing and proposed.
OPEN DEVELOPMENT AREA -
An area or are&s established by the
Town Board pursuant to §280-a of the
New York State Town Law.
PARK DEDICATION _ A dedication