HomeMy WebLinkAboutSubdivision of Land Chapter A106
SUBDIVISION OF LAND
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GENERAL CODE PUBLISHERS CORP.
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() SUBDIVISION OF LAND
Chapter AI06
SUBDIVISION OF LAND
ARTICLE I
( General Provisions
~ AI06-IO. Authority of Planning Board.
~ AI06-1I. Declaration of policy.
~ AI06-I2. Short title; adoption.
~ AI06.I3. Definitions.
ARTICLE II
Procedures
( ~ AI06-20. General requirements.
~ AI06-2I. Sketch plan.
~ AI06.22. Approval of minor subdivision.
~ AI06-23. Preliminary plat for major subdivision.
~ AI06.24. Final plat for major subdivision.
~ AI06.25. Required improvements.
~ AI06.26. Filing of final plat.
~ AI06.27. Public streets; recreation areas.
l ARTICLE III
Design Standards
~ A I06.30. Standards to be minimum requirements.
~ AI06-31. General requirements.
~ AI06,32. Street layout.
~ AI06-33. Street design.
A10601 8-25-83
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SOUTHOLD CODE
~ A106-34. Street names.
~ AI06-35. Lots.
~ A106-36. Drainage improvements.
~ AI06.37. Other improvements.
~ AI06-38. Parks, open spaces, school sites and natural features.
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ARTICLE IV
Documents to be Submitted
~ AI06-40. Sketch plan.
~ AI06-41. Minor subdivision plat.
~ AI06-42. Major subdivision preliminary layout.
~ A106-43. Major subdivision plat.
~ A106-44. Accompanying documents and information.
ARTICLE V
Variances and Waivers
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~ A106-50. Variations in cases of hardship.
~ A106-51. Waivers of required improvements.
~ A106.52. Board to impose conditions.
~ AI06-53. Approval of Board of Appeals actions.
[HISTORY: Adopted by the Planning Board of the Town of
Southold 9-6-67; approved by the Town Board of the Town of
Southold 9-26-67. Sections AI06-13,. AI06-27, A106-38F and (
A106-42A amended during codification; see Ch. I, General
Provisions, Article II. Other amendments noted where ap.
plicable. ]
GENERAL REFERENCES
SoU r(>Jtlo'"sl - See Ch. 81.
\\,ptla.ndll - See Ch. 97.
Zoning - See Ch. 100.
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S A106-10
SUBDIVISlON OF LAND
S A106-11
ARTICLE I
General Provisions
~ A106.10. Authority of Planning Board.
By the authority of the resolution of the Town Board of the
Town of Southold adopted on September 26, 1967, pursuant to the
provisions of Article 16 of the Town Law of the State of New
York, Chapter 63 of the Consolidated Laws of N ew York, the
Planning Board of the Town of Southold is authorized and em-
powered to approve plats, with or without streets, for sub.
divisions within the l;mits of said town.
~ A106-11. Declaration of policy.
It is declared to be the policy of the Planning Board to consider
land subdivision plats as part of a plan for the orderly, efficient
and economical development of the town. This means, among
other things:
A. That land to be subdivided shall be of such character that
it can be used safely for building purposes without danger
to health or peril from fire, flood or other menace.
B. That proper provision shall be made for drainage, water
supply, sewerage and other needed improvements.
C. That 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.
D. That the proposed streets shall compose.a convenient
system conforming to the Official Map, if such exists, and
shall be properly related to the proposals shown on the
Comprehensive Town Plan, as such may be in existence
from time to time, and shall be of such width, grade and
location as 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.
E. That proper provision shall be made for open spaces, in-
cluding parks and playgrounds.
A 10603
9 A106-11
SOUTH OLD CODE
9 A106-13
F. That adequate provision shall be made to conserve the
natural beauty of the town.
G. That an unusually detailed review shall be afforded to
development plans for waterfront property.
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~ A106-12. Short title; adoption. (,
In order that land subdivisions may be made in accordance with
this policy, these regulations, which shall be known as, and which
may be cited as, the "Town of Southold Land Subdivision
Regulations," have been approved by the Town Board 'on Sep-
tember 26, 1967, and adopted by the Planning Board on Sep-
tember 6, 1967.
.~ A106.13. Definitions.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
CONDITIONAL APPROVAL OF A FINAL PLAT -
Approval by the Planning Board of a final plat subject to
conditions set forth by the Planning Board in a resolution
conditionally approving such plat. Such conditional ap'
proval does not qualify a final plat for recording nor
authorize issuance of building permits prior to the signing
of the plat by a duly authorized officer of the Planning
Board and recording of the plat in the office of County
Clerk of Suffolk County. [Added 5-8-73)
CROSSW ALKW A Y - A right.of-way dedicated to public
use, ten (10) feet or more in width, which crosses a block to
facilitate pedestrian access to adjacent streets and prop-
erties.
CUL-DE-SAC (COURT) - A short street having.one (1)
end open to traffic and being permanently terminated by a
vehicular turnaround.
EASEMENT - A grant of the use of a strip of land by the
public or by a corporation or persons for specific purposes.
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9 A106-13
SUBDlVISION OF LAND
9 A106-13.
ENGINEER or LICENSED PROFESSIONAL
ENGINEER - A person licensed as a professional
engineer by the State of New York.
FINAL PLAT - A drawing prepared in a manner
prescribed by these regulations, showing a proposed
subdivision and containing, in such additional detail as
shall be provided by these regulations, all information
required to appear on a preliminary plat and the
modifications, if any, required by the Planning Board at
the time of approval of a preliminary plat of such proposed
subdivision if such preliminary plat has been so approved.
[Amended 5-8-73]
FINAL PLAT APPROVAL - The signing of a final plat
by a duly authorized officer of the Planning Board after a
resolution granting final approval of the plat, or after
conditions specified in a resolution granting conditional
approval of the plat are completed. Such final approval
qualifies the plat for recording in the Suffolk County
Clerk's office. [Added 5-8-73] -
LOT - A portion of a subdivision or other parcel of land
intended as a unit for transfer of ownership or for
development.
MAJOR SUBDIVISION - All subdivisions not classified
as minor subdivisions, including, but not limited to,
subdivisions of five (5) or more lots, or any subdivision
requiring the construction of a new street or the extension
of municipal facilities. .
MASTER OR TOWN PLAN - A plan for the develop-
ment of all or portions of the Town of Southold, prepared
by the Planning Board pursuant to Section 272-a of the
Town Law, which plan indicates the general locations
recommended for various public works, places and
structures and the general physical development of the
town, and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts therein.
MINOR SUBDIVISION - Any subdivision containing
not more than four (41 lots fronting on an existing street or
A 10605
~ A106-13
SOUTHOLD CODE
~ AI06-13
not requiring the extension of municipal facilities, and not
adversely affecting the development of the remainder of
the parcel or adjoining property and not in conflict with
any provision or portion of the Master Plan, Official Map
or Zoning Ordinance, if such exists, 1 or these regulations.
OFFICIAL MAP - The map established by the Town
Board pursuant to Section 270 of the Town Law, showing
streets, highways, parks and drainage rights-of-way, both
existing and proposed.
PLANNING BOARD or BOARD - The Planning Board
of the Town of Southold, Suffolk County, New York.
PRELIMINARY PLAT - A drawing prepared in the
manner prescribed by these regulations, showing the
layout of a proposed subdivision, including, but not
restricted to, road and lot layout and approximate
dimensions, key plan, topography and drainage, all
proposed facilities unsized, including preliminary plans
and profiles, at suitable scale and in such detail as these
regulations require. [Amended 5.8-73]
PRELIMINARY PLAT APPROVAL - Approval by the
Planning Board of the layout of the proposed subdivision
as set forth in a preliminary plat, but subject to the ap-
proval of the plat in final form in accordance with the
provisions of Subdivision 7 of Section 276 of the Town
Law. [Added 5-8-73]
SKETCH PLAN - A rough sketch of the preliminary
layout (or final plat, in the case of minor subdivisions I to
enable the subdivider to save time and expense in reaching
general agreement with the Board as to the form of the
layout and pursuant to the objectives of these regulations.
STREET - A way for vehicular and pedestrian traffic,
whether designated as a street, road, avenue, lane or other
way, located between right-of-way lines.
STREET, LOCAL SERVICE -A street running parallel
to and in the immediate vicinity of a major highway for the
1 Editor's Note: See Ch. 100, Zoning.
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SUBDIVISION OF LAND
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purpose of relieving traffic on the major highway at the
points of crossing.
STREET, MAJOR - A street or highway of great con-
tinuity which serves or is intended to serve as a major
traffic artery within the town or county, or both, and which
is designated on the Town Plan as a maln arterial highway,
major thoroughfare, parkway or other equivalent term to
identify those streets comprising the basic structure of the
street plan.
STREET, MINOR - A street supplementary to a major
street and of limited continuity which serves or is intended
to serve the local needs of a neighborhood or a section
thereof.
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STREET OR RIGHT. OF-WAY WIDTH - The distance
between property lines, measured at right angles to the
center line of the street.
STREET, SECONDARY - A street or road of con.
siderable continuity which serves or is intended to serve as
the principal or collector trafficway between large and
separated areas or districts and which is the main means of
access to the major street or primary road system.
SUBDIVIDER or APPLICANT - Any person, firm,
corporation, partnership or association who shall layout,
for the purpose of sale or development, any subdivision or
part thereof, as defined herein, either for himself or others.
SUBDIVISION [Amended 9.23.80]:
A. The division of any parcel of land into two (2) or more
lots, plots, blocks, sites or other divisions of land, with
or without streets or highways, including any ex.
tension of any existing street, for the purpose, whether
immediate or future, of sale or building development,
and including resubdivision; provided, however, that
the term "subdivision" shall not include the setoff or
creation of a single lot from a parcel of land, provided
that before any such setoff or creation shall take place,
the owner shall submit such proposal to the Planning
Board for its approval and determination of whether
such setoff or creation constitutes a subdivision. In
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SOUTHOLD CODE
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making such determination, the Planning Board shall
give consideration, among other things, to:
(1) Whether the lot to be set off is of such character
as to be suitable for the intended purpose without
danger of flood or other perils.
(2) Whether adequate provision is or will be made for (.)
drainage, water supply, sewer disposal and other
necessary utilities and improvements.
(3) Whether the iot to be set off is of such size as to
conform with the present or future deveiopment
of neighboring lands.
(4) Whether the proposed set off will be consistent
with the present or future street layout of the
neighborhood.
(5) Whether the proposed set off will require the
extension of municipal facilities or services.
(6) Whether the proposed set off will be in harmony ( \
with the future growth and development of the
town.
(7) Whether adequate means of access and off-street
parking are provided.
(8) Whether the proposed set off will adversely affect
the present or future uses of neighboring lands.
B. If the Planning Board grants approval to set off a lot
as hereinbefore provided, it may impose such con.
ditions as it deems necessary or appropriate.
C. An application to the Planning Board to set off a lot as
herein provided shall be accompanied by a fee of two ( ,
hundred fifty dollars ($250.): [Added 4-19-83; amended _ .
3-10-87]
SUPERBLOCK - A block of exceptionally large size in
both dimensions, with access to interior lots by culs-de.sac
branching in from surrounding streets and providing one
(1) or more open spaces.
SURVEYOR - A person licensed as a land surveyor by
the State of New York.
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~ A106-20
SOUTHOLD CODE
~ A106-21
ARTICLE II
Procedures
~ AI06-20. General requirements.
Before making any offer to sell, or before entering into a con-
tract for the sale of, any part of a proposed subdivision, and before
any permit for the erection of a structure, removal of topsoil or for
dredging any channel in such subdivision shall be granted, and
before undertaking any land clearance, grading or channel
dredging operations,2 the subdivider shall apply to the Planning
Board for approval of such proposed subdivision In accordance
with the requirements and pursuant to the procedures set forth in
these regulations. ."
~ AI06-21. Sketch plan.
A. Submission of sketch plan. The applicant shall submit to
the Planning Board at least two (2) weeks prior to the
regular meeting of the Board twelve (12) copies of the
sketch plan of the proposed subdivision, with road profiles
and topographic elevations at five. foot contours and the
proposed drainage areas. Such plan shall comply with the
requirements of Article IV, ~ AI06-40. [Amended 5.8.73]
B. Discussion of improvements, requirements and
classification. "
(1) At its meeting with the applicant, the Planning Board
should discuss the objectives of these regulations and
the requirements for street improvements, drainage,
sewerage, water supply, fire protection and other
similar aspects. In addition, the review will cover the
availability of existing services and other pertinent
information.
(2) At this meeting, the Planning Board shall classify the
proposed subdivision as a minor or major subdivision,
as defined in these regulations. However, when it
deems it necessary for protection of the public health,
(Cont'd on page 10609)
2 Editor's Note: See also Ch. 81, SolI Remova.l, and Ch. 97, Wetlands.
A 10608. 1
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SUBDIVISION OF LAND
~ AI06-22
safety and welfare, the Board may require that a
minor subdivision comply with all or some of the
requirements specified for major subdivisions. If a
proposed subdivision is classified and approved as a
minor subdivision, the subdivider shall then comply
with the procedure outlined in Article II, ~ AI06-22,
of these regulations. If it is classified as a major
subdivision, the subdivider shall comply with the
procedures outlined in Article II, ~~ AI06-23, AlO6-24
and A106-25.
C. Study of sketch plan. The Planning Board shall determine
whether a subdivision sketch plan meets the purposes of
these regulations. Any changes to be made on the proposed
subdivision map required by the Planning Board shall be
submitted, in writing, to the. applicant or his duly
authorized representative. All such changes shall be in.
corporated in the applicant's next submission to the
Planning Board.
~ AI06.22. Approval of minor subdivision.
A. Application and fee.
(1) Within six (6) months after the approval ofthe sketch
plan by the Planning Board, the subdivider shall
submit an application for approval of a final plat. If
such application is not received within six (6) months,
the Planning Board approval of the sketch plan shall
expire. The plat shall follow the layout of the sketch
plan, as approved by the Board, plus any recom.
mendations made by the Planning Board. Said ap.
plication shall also conform to the requirements listed
in Article IV, ~ A106.41.
(2) All applications for plat approval for minor subdivision
shall be accompanied by a fee of two hundred dollars
($200.) per lot, tog-ether with an inspection fee of one
hundred fifty dollars ($150.). [Amended 4-22-80; 4-9-85;
12-2-86]
AI0609
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~ AI06-22
SOUTH OLD CODE
~ AlO6-23
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B. Number of copies. Six (6) copies of the final plat shall be
presented to the Planning Board at least two (2) weeks
prior to a regularly scheduled Planning Board meeting.
C. Subdivider to attend Planning Board meeting. The sub-
divider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the final plat.
D. When offic.ially sUbmitted'd The final plat shall be con- ( .
sidered officially submitte only when all the surveys,
plans, required certifications and signatures and other data
required in Article IV, ~ AI06-41, are submitted complete
and in good form, together with the application and fee, at
regular meeting of the Planning Board.
E. Public hearing. Before the Planning Board shall act on the
final plat, it shall hold a public hearing in accordance with
~ 276 of the Town Law.
F. Action on subdivision plat. The Planning Board shall,
within forty-five (45) days from the public hearing date,
approve, approve with modification or disapprove the final
plat. ~ )
~ A106-23. Preliminary plat for major subdivision. [Amended 5-
8-73]
A. Application and fee.
(1) Prior to the filing of an application for the approval of
a major subdivision plat, the subdivider shall file with
the Town Clerk an application in duplicate for the
approval of a preliminary plat of the proposed sub-
. division, in the form prescribed in Article IV, ~ A106-
42. The preliminary plat shall comply with the re- ( )
quirements set forth in these regulations, including '-
Article IV, ~ A106-42, and ~~ 276 and 277 of -the
Town Law.
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~ A 106-23
SUBDIVISION OF LAND
~ AI06-23
(2) The application filed with the Town Clerk shall be
accompanied by a fee of one thousand dollars ($1.000.)
plus one hundred dollars ($100.) per acre. or part thereof.
in the proposed subdivision. and an inspection fee equal to
five percent (5%) of the amount of the approved perfor-
mance bond. [Amended 4,9-85; 12-2-86)
(Cont'd on page A1061l)
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SUBDIVISION OF LAND
~ A106-23
B. Number of copies. Twelve 112) paper prints of the
preliminary plat and the duplicate application shall be filed
with the Town Clerk at least two (2) weeks prior to a
regularly scheduled Planning Board meeting. The Clerk
shall immediately forward to the Planning Board four (4)
prints of the plat and a copy of the application.
C. Subdivider to attend Planning Board meeting. The sub-
divider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the
preliminary plat.
D. Study of preliminary plat.
(1) The Planning Board shall study the preliminary plat,..
taking into consideration the requirements of the
community and the best use of the land being sub-
divided. Particular attention shall be given to the
arrangement, location and width of streets, their
relation to the topography of the land, channels, water
supply, sewage disposal, drainage, lot sizes and
arrangement, the future development of adjoining
lands and the requirements of the Master Plan, the
Official Map and Zoning Ordinance, if such exist.'
(2) The Town Superintendent of Highways will review all
above aspects of the design of the proposed sub-
division, including a field check, and submit a report
to the Planning Board with his recommendations prior
to the scheduled meeting.
E. Hearing and action on preliminary plat.
(l) Within forty-five (451 days after the receipt of such
preliminary plat by the Clerk, the Planning Board
shall hold a public hearing thereon, which shall be
advertised at least o)1ce at least five (5) days before
such hearing. .
12) Within forty-five (451 days after the date of such
hearing, the Planning Board shall approve, with or
without modification, or disapprove such preliminary
J Editor's Note: See Ch. 100, Zoning.
AI0611
~ A 106-23
SOUTHOLD CODE
~ AI06-24
plat, and the ground for a modification, if any, or the
ground for disapproval shall be stated upon the
records of 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 owner and the
Planning Board. When approving a preliminary plat,
the Planning Board shall state in writing
modifications, if any, that it deems necessary for
submission of the plat in final fonn.
131 Within five (5) days of the approval of such
preliminary plat, it shall be certified by the Clerk of
the Planning Board as having been granted
preliminary approval, and a copy shall be filed in his
office and a certified copy mailed to the owner.
141 Within six (6) months of the approval of the
preliminary plat, the owner must submit the plat in
final fonn. If such plat is not so submitted, approval of
the preliminary plat may be revoked by the Planning
Board.
~ AI06-24. Final plat for major subdivision. [Amended 5-8-73]
A. Application for approval.
11) The subdivider shall, within six (6) months after the
approval of the preliminary plat, file with the Town
Clerk an application in duplicate for final plat ap-
proval of all or part of the proposed subdivision, using
the approved application blank. Thus, the subdivider
may develop the subdivision in progressive stages
instead of in its entirety. But no subdivision or portion
thereof shall be considered unless it has frontage on a
public street or abuts an existing street on the town's
Official Map or an approved street for which a bond
has been filed.
(2) Failure to submit all or a portion of the final plat for
final plat approval within six (6) months shall
automatically cancel the preliminary plat approval,
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SUBDIVISION OF LAND
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unless a request for an extension of time is granted by
the Planning Board. Such extension shall be granted
only if the proposed subdivision fully conforms to the
zoning regulations in effect at the time such extension
is applied for.
B. Number of copies and date of official submission. In order
for a final plat to receive Planning Board approval, the
documents listed in Article IV, S A106-43 shall be filed
with the Town Clerk, in good form, at least two (21 weeks in
advance of the regular meeting at which it is to be con-
sidered officially submitted. The Clerk shall immediately
forward such maps to the Planning Board, which shall
forward one (I) copy to the Town Board Highway Com-
mittee.
C. Endorsement of state and county agencies. Water and
sewer facility proposals contained in the final plat shall be
properly approved and endorsed by the required county
agencies, which such approval and endorsement shall be
secured by the subdivider before official submission- of the
final plat. Three (3) cloth prints of the proposed final plat
shall be submitted to said county agencies, together with
all other necessary details required by the Planning Board.
In addition, applications for approval of plans for sewers or
water facilities will be filed by the subdivider with all
necessary town, county and' state agencies.
D. Reports of Town Superintendent of High ways and
Planning Board Engineer. Within thirty (301 days -after
said plat is submitted for final approval, the Superin-
tendent shall submit a report to the Planning Board on the
highways in the proposed subdivision. The Planning
Board's Engineer shall, within said period of time, submit
a detailed list of all improvements and construction items
and an estimate of the cost of construction.
E. Public hearing. Within forty-five (45) days of the sub-
mission of a plat in final form for approval by the Planning
Board, a hearing shall be held by the Planning Board
thereon, which shall be advertised at least once at least five
(5) days before such hearing; provided, however, that when
AlO613
S AI06-24
SOUTH OLD CODE
S AI06-24
the Planning Board deems the final plat to be in sub-
stantial agreement with the preliminary plat approved and
modified in accordance with requirements of such ap-
proval, if such preliminary plat has been approved with
modification, the Planning Board may waive the
requirements for such public hearing.
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F. Action on final plat.
(1) Within forty-five (45) days after the date of the
hearing on said final plat, or in the event that such
hearing was waived, within forty-five (45) days of the
submission of the plat in final form for approval, the
Planning Board shall, by resolution, conditionally
approve, conditionally approve with or without
modifications, disapprove or grant final approval and
authorize the signing of such plat. 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 owner and the
Planning Board.
(21 In the resolution granting conditional approval of (
such final plat, the Planning Board shall empower a
duly authorized officer to sign the plat subject to
completion of such requirement as may be stated in
the resolution. Within five (5) days of such resolution,
the plat shall be certified by the Clerk of the Planning
Board as conditionally approved, and a copy shall be
filed in his office and a certified copy mailed to the
owner, including a certified statement of such
requirements which, when completed, will authorize
the signing of the conditionally approved final plat.
. Upon completion of such requirements, the plat shall
be signed by said duly authorized officer of the l
Planning Board. Conditional approval of a final plat
shall expire within one hundred eighty 1180) days after
the date of the resolution granting conditional ap-
proval unless such requirements have been certified as
completed. Notwithstanding the foregoing, the
Planning Board may extend the time in which a
conditionally approved plat in final form must be
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SUBDIVISION OF LAND
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submitted for signature, if in its opinion such in-
tention is warranted by the particular circumstances
thereof, for not to exceed two 12) additional periods of
ninety (90) days each.
(3) In all cases where the Planning Board requires the
furnishing of a performance bond, the final plat shall
not be signed until such bond has been approved by
the Town Board and a certified copy of the Town
Board resolution approving the same is filed with the
Clerk of the Planning Board.
~ A106-25. Required improvements.
A-. Waiver of required improvements. The Planning Board
may waive the provision of any or all such improvements
and requirements as, in its judgment of the special cir-
cumstances of a particular plat or plats, are not requisite in
the interests of the public health, safety and general
welfare. In the case of each waiver granted, the Planning
Board shall enter upon its records the reason 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. A waiver of any
requirements by the Planning Board shall not become
effective until approved in writing by the Town Board
Highway Committee. [Amended 5-8-73J
B. If at any time before or during the construction of the
required improvements it is demonstrated to the
satisfaction of the Town Superintendent of Highways that
the unforeseen conditions make it necessary or preferable
to modify the location or design of such required im.
provements, the Superintendent may, with consent of the
Planning Board and upon written request of the sub-
divider, authorize the modifications, provided these
modifications are within the spirit and intent of the
Planning Board's approval. The Superintendent, in issuing
an authorization under this subsection, shall do so in
writing and shall transmit a copy of such authorization to
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SOUTH OLD CODE
9 AI06-25
the Planning Board and Town Board Highway Committee
at their next regular meeting. [Amended 5-8.73]
C. Inspection of improvements. In order to assure that all
town specifications and requirements are met during the
construction of all required improvements, and to assure
the satisfactory completion of improvements and utilities
as required by the Planning Board, a construction in-
spector representing the Board shall inspect the im-
provements during the progress of construction. It shall be
the duty of the subdivider to notify the Planning Board
and Highway Department two (2) days prior to the
commencement or completion of any work on each stage or
operation of the construction of improvements. Said
construction inspector shall, after completion of con-
struction, certify to the Planning Board that all required
improvements have been constructed as required by the
Board. In addition, the subdivider shall furnish a certified
set of drawings showing all improvements as constructed,
in the same detail as required for the approved final plat,
including the method of installation. [Amended 11.7-68 and
5.8-73]
D. Utilities required. The subdivider shall submit to the
Planning Board a letter from each public utility company
whose facilities are proposed to be installed in the proposed
subdivision. Such letter shall state that the utility com-
pany will make the installations necessary for the fur-
nishing of its services.
E. Proper installation of improvements. If the construction
inspector shall find, upon inspection of the improvements
performed before the expiration date of the performance
bond, that any of the required improvements have not been
constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Town
Board, Building Inspector and Planning Board. The
Planning Board then shall notify the subdivider and, if
necessary, the bonding company, and take all necessary
steps to preserve the town's rights under the terms of the
bond. -
AI0616
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{1 A 106-25
SUBDIVISION OF LAND
{1 AI06-25
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F. Safeguards during construction. In order to prevent
flooding, erosion or any other dangerous or hazardous
condition from occurring during the progress and com-
pletion of required improvements, the Planning Board may
require the developer or his contractor to take such action,
including the construction and/or installation of temporary
facilities, as the construction inspector may recommend.
[Added 4-22-80]
(Cont'd on page A10617)
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SUBDIVISION OF LAND
!l A106-27
~ AI06-26. Filing of final plat.
A. Final approval and filing. Upon completion of the above
requirements and notation to that effect upon the final
plat, it shall be deemed to have final approval, and the plat
shall be properly signed by the appropriate officer of the
Planning Board and shall be filed by the applicant in the
office of the County Clerk. Any plat not so filed or recorded
within thirty (30) days of the date upon which such final
plat is approved or considered approved by reasons of
failure of the Planning Board to act shall become null and
void. [Amended 5-8-73]
B. Plat void if revised after approval. No changes, erasures;
modifications or revisions shall be made in any final plat
after approval has been given by the Planning Board and
endorsed in writing on the plat, unless the said plat is first
resubmitted to the Planning Board and such Board ap-
proves said modifications. In the event that any such final
plat is recorded without complying with this requirement,
the same shall be considered null and void, the Building
Inspector shall not issue building permits and the town
shall institute proceedings to have the plat stricken from
the records of the County Clerk.
~ A106-27. Public streets; recreation areas.
A. Public acceptance of streets. The approval by the Planning
Board of a final plat shall not be deemed to constitute or be
evidence of any acceptance by the town of any street, right-
of-way or easement shown on such final plat. The applicant
shall comply with all town rules and regulations regarding
the dedication of highways.' (See Section 278 of the Town
Law as amended.)
B. Ownership and maintenance of recreation areas. When a
park, playground or other recreation area shall have been
shown on a plat, the approval of said plat shall not con-
4 Editor's Note: Speclflca.tions for highways to he accepted by the town are on tile in
the office 01 the Town Clerk and are available for inspection during regular office
hours.
A10617
~ A 106-27
SOUTHOLD CODE
~ AI06-27
Ci
stitute an acceptance by the town of such area. The
Planning Board may require the plat to be endorsed with
appropriate notes to this effect. The Planning Board may
also require the filing of a written agreement, in proper
form for recording in the County Clerk's office, between the
applicant and the Town Board covering future title,
dedication and provision for the cost of grading,
development, equipment and maintenance of any such (
recreation area. .
C. Future status of streets, parks and easements. Acceptance
of formal offers of cession of streets, easements and parks
shall rest with the Town Board. In the event that the
applicant shall elect not to file the plat in the office of the
County Clerk within the required period, then such formal
offers of cession shall be deemed to be void.
D. Improvements required before buildings in subdivision
may be occupied. Where a permit is desired for the oc-
cupancy of a building in the subdivision prior to the
completion of the improvements as required in the
Planning Board's approval of the final plat, the street (
serving the proposed building shall be completed to a
degree satisfactory to the Planning Board and Town
Superintendent of Highways. In general, the extent of said
street iroprovements shall be adequate for vehicular access
by the prospective occupant and by police and fire
equipment prior to the issuance of an occupancy permit.
Where such permit has been issued, the street shall be
maintained by the subdivider in such satisfactory con-
dition.
E. Plats straddling municipal boundaries. Whenever access to
the. subdivision is required across land in another
municipality, the Planning Board may request assurance (
from the Town Attorney that access is legally established '--
and from the Superintendent of Highways that the access
road is adequately iroproved, or that a performance bond
has been duly executed and is sufficient in amount to
assure the construction of the access road. In general, lot
lines should be laid out so as not to cross town boundary
lines.
A106I8
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SUBDIVISION OF LAND
~ AlOfi-32
ARTICLE 1II
Design Standards
~ AI06-30. Standards to be minimnm reqnirements.
In considering applications for subdivision of land, the Plan-
ning Board shall be guided by the standards set forth hereinafter.
The said standards shall be considered to be minimum
requirements.
~ A106-31. General requirements.
A. Character of land. Land to be subdivided for building
purposes shall be of such a character that it can be used
safely without danger to the residents from any menace.
B. Conformity to Official Map and Master Plan. Any sub-
division shall conform to the Official Map of the town, if
such exists, and shall be in harmony with the Master Plan.
C. Specifications for required improvements. All required
improvements shall conform to the town specifications,
which may be obtained from the Town Clerk. Where ap-
proval of the New York State and/or Suffolk County
Departments of Public Works and Health are required,
specifications for' required improvements may be obtained
from the respective agencies.
~ AI06-32. Street layout.
A. Width, location and construction. Streets shall be of
sufficient width of not less than fifty 150) feet, suitably
located and adequately constructed to conform to the
Southold Town Highway Specifications and with the
Master Plan, if such exists, and to accommodate the
prospective traffic and afford access for fire fighting, snow
removal and other road maintenance equipment. The
arrangement of streets shall be such as to cause no undue
hardship to adjoining properties and shall be coordinated
so as to compose a convenient system. [Amended 5-8-73]
A10619
9 A 106-32
SOUTHOLD CODE
9 A 106-32
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B. Arrangement. The arrangement of streets in the sub-
division shall provide for the continuation of major streets
of adjoining areas and for proper projection of such streets
into adjoining properties in order to make possible
necessary fire protection, movement of traffic and con-
struction or extension, presently or when later required, of
needed utilities and public services, such as sewers and
water drainage facilities. Where, in the opinion of the (.
Planning Board, topographic or other conditions make
such continuance undesirable or impracticable, the above
conditions may be modified upon written approval of the
Town Superintendent of Highways and the Town Board
Highway Committee. [Amended 5-8-73]
C. Minor streets. Minor streets shall be so laid out that their
use by through traffic will be discouraged.
D. Special treatment along major streets. Where a subdivision
abuts or contains an existing or proposed major street, the
Board may require local service streets, reverse frontage
with screen planting contained in a nonaccess reservation '-
along the rear property line, deep lots with rear service
alleys or such other treatment as may be necessary for
adequate protection of residential properties and to afford
separation of through from local traffic.
E. Provision for future resubdivision. Where a tract is sub-
divided into lots substantially larger than the minimum
size required in the zoning district in which the subdivision
is located, the Board may require that streets and lots be
laid out so as to permit future resubdivision in accordance
with the requirements contained in these regulations.'
F. Dead-end streets. The creation of dead-end or loop
residential streets will be encouraged wherever the Board
finds that such type of development will not interfere with
normal traffic circulation in the area, provided that interior
parks are covered by appropriate covenants as to main-
tenance. In the case of dead-end streets, where needed or
desirable, the Board may require the reservation of a ten-
(
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S Editor's Note: For provisions reg&rding lot slz.esln the various zoning districts, !lee
Ch. lOll, Zoning.
A 10620
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9 AI06-32
SUBDIVISION OF LAND
9 A106-32
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foot-wide easement to provide for continuation of
pedestrian traffic and utilities to the next street. Sub.
divisions containing twenty (20) lots or more shall have at
least two (2) street connections with existing public streets
or streets shown on the Official Map, if such exists, or
streets on a recorded fin81 plat.
G. B lock size.
(1) Blocks shall not be exclusively long. Blocks, generally,
shall not be less than four hundred (400) feet in length
nor more than one thousand two hundred (1,200) feet
in length. In general, the width of a block shall not be
less than twice the normal lot depth.
(2) In blocks exceeding eight hundred (800) feet in length,
the Planning Board may require the reservation of a
ten.foot'wide easement through the block to provide
for the crossing of underground utilities and
pedestrian traffic, where needed or desirable, and may
further specify, at its discretion, that a four.foot.wide
paved footpath be included. The Planning Board shall
require the proper maintenance of any such easement.
(3) Irregularly shaped blocks, including superblocks,
indented by culs.de.sac and containing interior spaces,
will be acceptable. when properly designed and
coordinated with the overall plat and when adequate
provision for the maintenance and ownership of public
areas is provided for.
H. Intersections with major streets. Minor or secondary street
openings into a major street shall, in general, be at least
five hundred (500) feet apart.
I. Street jogs. Street jogs with center-line offsets of less than
one hundred twenty.five (125) feet shall generally not be
permitted.
J. Angle of intersection. In general, all streets shall join each
other so that for a distance of at least one hundred (100)
feet a street is approximately at right angles to the street it
joins.
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AI0621
8.2~.80 .
~ A106-32
SOUTHOLD CODE
~ Al06.33
K. Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the
topography of the property, and all streets shall be
arranged so as to obtain as many of the building sites as
possible at or below the grade of the streets. Grades of
streets shall conform as closely as possible to the original
topography. [Amended 5-8-73]
L. Other required streets. Where a subdivision borders on or
contains a railroad right.of-way or a major street right.of-
way, the Planning Board may require a street ap-
proximately parallel to and on each side of such right.of-
way, at a distance suitable for the appropriate use of the
intervening land (as for park purposes in residential dis.
tricts, or for commercial or industrial purposes in ap-
propriate districts). Such distances shall also be deter.
mined with due regard for the requirements of approach
grades and future grade separations.
~ A106-33. Street design.
A. Widths of rights-of. way. Streets shall have the following
widths. When not indicated on the Master Plan or Official
Map, the classification of streets shall be determined by
the Board.
Type of Street Minimum
Right.of.Way
(in feet)
Major
Secondary or collector
Minor
100.
80.
50
· NOTE: Except when the Master Plan specifies a greater
or lesser width.
B. Improvements. Streets shall be graded and improved with
pavements, curbs and gutters, sidewalks, drainage
. facilities, water mains, sewers, streetlights and street
signs, street trees and fire hydrants and/or firewells.
Firewells shall have an eight-inch casing and a twenty-foot
A10622
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SUBDIVISION OF LAND
~ A106-33
stainless steel screen and shall have a pumping capacity of
three hundred fifty (350) gallons per minute. There shall
be a depth of water of at least forty (40) feet. The number
and location of fire hydrants and/or firewells shall be de-
termined by the Planning Board. In making such deter-
mination, the Planning Board may seek the recom-
mendation of the Commissioners of the Fire District in
which the proposed subdivision is located. Notwith-
standing the foregoing, upon request, the Planning Board,
upon written approval of the Superintendent of Highways
and the Town Board Highway Committee, may waive,
subject to appropriate conditions, such improvements as it
considers may be omitted without jeopardy to the public
health, safety and general welfare. Pedestrian easements
shall be improved as required by the Planning Board. Such
grading and improvements shall be approved as to design
and specifications by the Town Superintendent of High-
ways and the Town Board Highway Committee. [Amended
5-8-73; 12-9-75; 4-22-80]
C. Utilities in streets. The Planning Board may require that
underground utilities be placed in the street right-of-way
between the paved roadway and the street line to simplify
location and repair of lines when they require attention.
The subdivider shall install underground service con-
nections to the property line of each lot within the sub-
division for such required utilities before the street is
paved. Such underground utilities shall be located within
the sidewalk area. [Amended 5-8-73]
D. Utility easements. Where topography is such as to make
impractical the inclusion of utilities within the street
rights-of-way, perpetual unobstructed easements at least
twenty (20) feet in width shall be otherwise provided with
satisfactory access tQ the street. Wherever possible
easements shall be continuous from block to block and
shall present as few irregnlarities as. possible. Such
easements shall be cleared, graded and seeded where
required. [Amended 5-8-73]
E. Steep curves; visibility at intersections. Sharp curves shall
be avoided. In order to provide visibility for traffic safety,
A10623
8-26.80
9 A106.33
SOUTHOLD CODE
~ .'-\1i..Jl1-::U
that portion of any comer lot, whether at an intersection
entirely within the subdivision or of a new street with an
existing street, which is shownshaded on Sketch A shall be
deared of all growth I except isolated trees I and ob-
structions above the level three (3) feet higher than the
center line of the street. If directed by the Planning Board,
the subdivider shall regrade this area.
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SKETCH A [Amended 5-8.73]
F. Dead-end streets. Where dead-end streets are designed to
be so permanently, they should, in general, not exceed
eight hundred (800) feet in length and shall terminate in a
circular turnaround having a minimum right-of.way radius
offifty (50) feet and pavement radius offorty-four (44) feet,
curb to curb. At the end of temporary dead-end streets, a
temporary turnaround with a pavement radius of forty-
four (44) feet, curb to curb, shall be provided, unless the
. Planning Board approves an alternate arrangement.
!Amended 5-B-73]
1\10624
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SUBDIVISION OF LAND
S AI06-33
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G. Watercourses.
(1) Where a watercourse separates a proposed street from
abutting property, provision shall be made for access
to all lots by means of culverts or other structures of a
design approved by the Town Superintendent of
Highways.
121 Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be
ICont'd on page A10625)
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A10624.1
2- 25.76
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SUBDIVISION OF LAND
{1 AI06-34
provided a stormwater easement or drainage right-of.
way as required by the Town Superintendent of High-
ways. [Amended 11.7-68]
(3) Necessary drainage structures must be provided to
receive all runoff waters from natural drainage areas
outside of the subject subdivision which will in any
way tend to create a drainage problem within the
. suhdivision area. [Added 11-7-68]
H. Streets or loading space in commercial developments.
Paved rear-service streets of not less than twenty (20) feet
in width, or in lieu thereof, adequate off-street loading
space, suitably surfaced, shall be provided in connection--
with lots designed for commercial use.
1. Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for
commercial use, or where a change of zoning to permit a
commercial use is contemplated. the street width shall be
increased by such amount on each side as may be deemed
necessary by the Board to assure the free flow of through
traffic without interference by parked or parking vehicles
and to provide adequate and safe parking space for such
commercial or business district.
!i AI06-34. Street nwnes.
A. Type of nwne. All streets shown on a preliminary layout or
final plat shall be nwned by the developer and be subject to
approval of the Planning Board. Streets shall have names
and not numbers or letters (such as "1st," "First" or "A"
Street).
B. Names to he substantially different. Proposed street names
shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets
that join or are in alignment with streets of an abutting or
neighboring property shall bear the same name. Generally.
no street should change direction by more than ninety
degrees (900) without a change in street name.
A 10625
~ A 106-35
SOUTHOLD CODE
~ A 106-36
(
~ AI06-35. Lots.
A. Lots to be buildable. The lot arrangement shall be such
that in constructing a building in compliance with the
Zoning Ordinance' there will be no foreseeable difficulties
for reasons of topography or other natural conditions.
B. Side lines. All side lines of lots shall be at right angles to
straight street lines and radial to curved street lines, unless (.
a variation from this rule will give a better street or lot
plan.
C. Corner lots. Corner lots shall be of sufficient dimensions so
that any structure placed thereon shall conform to the
building setback line of each street.
D_ Driveway access_ Where practicable, corner lots shall be so
laid out that their driveways have access to that street
which carries or is intended to carry the lesser amount of
traffic_
E. Monuments and lot corner markers. Permanent
monuments meeting specifications approved by the Town
Superintendent of Highways as to size, type and in-
stallation shall be set at such block corners, angle points,
points of curves in streets and other points as the Town
Superintendent of Highways may require, and their
location shall be shown on the final plat.
(
~ AI06.36. Drainage improvements.
A. Removal of spring and surface water. The subdivider may
be required by the Planning Board to carry away by pipe or
open ditch any spring or surface water that may exist
either previous to or as a result of the subdivision. Such
drainage facilities shall be located in the street right-of-
way, where feasible, or in perpetual unobstructed
easements of appropriate width.
B. Drainage structure to accommodate potential develop.
ment. A recharge basin, culvert or other drainage facility
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6 Editor's Note: See Ch. 100, Zoning.
AI0626
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SUBDIVISION OF LAND
9 AlOfi-37
shall, in each case, be large enough to accommodate
potential runoff from its entire drainage area, whether
inside or outside the subdivision. The Town Superin-
tendent of Highways, the Town Board Highway Com-
mittee and the Planning Board shall approve the design
and size of facility based on anticipated runoff from a six-
inch rainfall in twenty-four (24) hours' storm under con-
ditions of total potential development permitted by the
Zoning Ordinance' in the watershed. [Amended 5-8-73]
C. Land subject to flooding. Land subject to flooding or land
deemed by the Planning Board to be uninhabitable shall
not be platted for residential occupancy nor for such othe~.
uses as may increase danger to health, life or property or
aggravate the flood hazard, but such land within the plat
shall be set aside for such uses as shall not be endangered
by periodic or occasional inundation.
D. Drainage requirements. The subdivider shall be required to
install the facilities for the drainage of streets and lots as
required by the Town Superintendent of Highways. Such
drainage facilities, including recharge basins, to be in-
stalled within the plat area, shall be constructed and
completed prior to the installation of any other street
improvements required on the plat. All such drainage
structures shall be maintained in good operating condition
until such time as the land is dedicated and released to the
town. All stormwater must be returned to the soil and
under no condition should it be allowed to run off into salt
water.
E. Fencing of recharge basins. All recharge basins shall be
fenced prior to excavation. All fencing shall be constructed
in accordance with requirements and specifications
available from the Town Superintendent of Highways.
~ A106-37. Other improvements.
A. Sanitary sewer facilities and sanitary sewer districts. The
subdivider shall install sanitary sewer facilities in a manner
7 Editor's Note: See Ch. 100, 7..onlng.
A 10627
9 A106-37
SOUTHOLD CODE
9 AI06-38
prescribed by the applicable county agencies. Necessary
action shall be taken by the developer to enable the Town
Board to extend or create a sanitary sewer district for the
purpose of providing sanitary sewers to the subdivision.
[Amended 5-8-73]
B. Street signs. Street identification signs of a type approved
by the Superintendent of Highways shall be provided by
the subdivider and placed at all intersections in locations
within theright-of-way approved by the Superintendent of
Highways. .
C. Streetlighting standards. Where required by the Planning
Board, streetlighting standards of a design conforming to
the town specifications shall be placed in a manner and
location approved by the Town Superintendent of High-
ways and the Town Board Highway Committee. In the
case of a subdivision involving a county or state highway,
approval shall be obtained from the appropriate highway
agency. [Amended 5-8-73]
(
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~ AI06-38. Parks, open spaces, school sites and natural features.
A. Recreation standards. The Planning Board may require
that land be reserved for parks and playgrounds or other
recreation purposes in locations designated on the Town
Plan or Official Map, or otherwise where it deems that such
reservations would be appropriate. Each reservation shall
be of suitable size, dimension, topography and general
character and shall have adequate road access for the
particular purposes envisioned by the Planning Board. The
area shall be shown and marked on the plat, "Reserved for
Recreation Purposes." When recreation areas are required,
the Planning Board shall determine the number of acres to l
be reserved on the basis of providing five (5) acres of
recreation area for every one hundred (l00) families or
dwelling units. [Amended 5-8-73]
B. Minimum size of park and playground reservations. In
general, land reserved for recreation purposes shall have an
area of at least four (4) acres. When the reservation in any
AI0628
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~ A 106.38
SUBDIVISION OF LAND
~ A 106.38
particular subdivision would create less than four (4) acres,
the Board shall require that the recreation area be located
at a suitable place on the edge of the subdivision so that
additional land may be added at such time as the adjoining
land is subdivided.
C. Recreation sites. Land reserved for recreation purposes
shall be of a character and location suitable for use as a
playground, playfield or other recreation purpose and shall
be relatively level and dry. All land to be reserved for
dedication to the town for park purposes shall have prior
approval of th~ Town Board.
D. Other recreation reservations. None of the subsections'
above shall be construed as prohibiting a developer from
reserving other land for recreation purposes in addition to
the requirements of this section.
E. Alternate procedure: money in lieu of land.
(1) Where the Planning Board deems that a reservation of
land would be inadequate in size for park or
playground use, either along or in conjunction with
abutting reservations on adjoining subdivisions, the
Planning Board may waive the requirement for such
reservations, with the condition that the applicant
deposit with'the Town Board a cash payment in lieu of
land reservation. Such deposit shall be placed in a
special fund as required by Section 277 of the Town
Law, as amended, and separately identified to show
the name and location of the subdivision for which the
deposit was made.
(2) Such deposit shall be used by the town for a neigh.
borhood recreation area, including the acquisition of
property. Such deposit must be used within a
reasonable period of time and any such expenditure
must be for facilities that will be actually available to
and benefit the persons in said subdivision and be
located in the vicinity of the subdivision.
(3) The Town Board shall determine the amount to be
deposited based on the following formula: not less
A 10629
9 A 106-38
SOUTH OLD CODE
9 A106-38
than three thousand dollars ($3,000.) per gross acre of
land that would otherwise be required for recreation
purposes or five percent (5%) of the fair market value
of the total acreage proposed for subdivision as
determined by an independent appraiser retained by
the town.
F. School sites. Upon receipt from the School Board of a letter
declaring its interest in a school site of a specific size and
location within a proposed subdivision, the Planning Board
may require a subdivider to set aside such area. Upon the
failure of the proper authorities to purchase such school
site within thirty-six (36) months after the date of the
approval of the plat, the subdivider, upon application to
the Board and approval of such application, shall be
relieved of the responsibility of showing such land for
public purposes.
G. Reserve strips prohibited. Reserve strips of land which
might be used to control access from the proposed sub-
division to any neighboring property or to any land within
the subdivision itself shall be prohibited.
H. Preservation of natural features. The Planning Board shall,
wherever possible, encourage the preservation of all
natural features which add value to residential develop-
ments and to the community, such as large trees or groves,
watercourses, beaches, historic spots, vistas and similar
irreplaceable assets. In general, all trees on the site, except
those situated within proposed areas for building sites,
driveways and utility lines and for a distance of ten (10)
feet therefrom, shall be preserved.
1. Street trees. The Planning Board shall require the planting
of new street trees in subdivisions. Such trees shall be of
such variety and shall be planted in such manner as
prescribed by the Board. [Amended 5-8-73]
J. Streets terminating at tidewater. All streets terminating at
or near tidewater shall have a width of not less than one
hundred (100) feet for a distance of one hundred (100) feet
from their terminus. Appropriate traffic signs and guard-
rails shall be installed. Suitable access must be provided
A10630
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~ A 106-38
SUBDIVISION OF LAND
~ A106-40
to such tidewater, together with the necessary stairways,
walks or other facilities to afford convenient access to such
waterway. [Amended 5-8-73]
ARTICLE IV
Documents to be Submitted
~ A I 06-40. Sketch plan.
A. The sketch plan initially submitted to the Planning Board
shall be based on the town tax map, at a scale of one (II
inch equals one hundred (100 I feet. The sketch plan shall be
submitted showing the following information:
(1 ) A key map showing the location of the proposed
subdivision and the distance to the nearest existing
street intersection.
(2) All existing structures, wooded areas, streams and
other significant physical features within the area to
be subdivided and within two hundred (200) feet
thereof. Contours shall be indicated at intervals of not
more than five (5) feet except for minor subdivisions,
where contours will be required only upon request of
the Planning Board. Two-foot contours may be
required by the Planning Board where drainage
problems are deemed to exist.
13) The name of the subdivision property owner and of all
adjoining property owners as listed on the town tax
rolls.
141 Town tax map, school district number and sheet
number.
15) Location of available utilities and of proposed,
mapped or existing streets.
161 The proposed lot and street layout, including
recreation areas; systems of drainage. sewerage and
water supply Isee ~ A106-41C below I within the
subdivided area.
A10631
S A 106-40
SOUTH OLD CODE
S A106-41
(7) Notations of all existing restrictions on the use of
land, including easements, covenants or zoning lines.
B. A statement in affidavit form shall be submitted setting
forth the names and addresses of all persons, corporations,
partnerships and associates having an interest, direct or
indirect, in the subdivision, and the nature of such interest.
[Added 5-8-73]
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~ AI06-41. Minor subdivision plat.
A. In the case of minor subdivisions only, the final plat ap-
plication shall include all information shown on. the ap-
proved sketch plan plus the following information:
III A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
121 An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearings
and distances, made and certified to by a licensed (
engineer or land surveyor. The comers of the tract
shall also be located on the ground and marked by
monuments as approved by the Town Engineer, and
shall be referenced and shown on the plat.
(3) All sanitation and water supply facilities shall be
designed to meet the specifications of the County
Board of Health, and a note to this effect shall be
stated on the plat and signed by a licensed engineer.
141 Proposed subdivision name and name of the town and
county in which it is located.
(5) The date, North point, map scale, name and address of
record owner and subdivider.
B. If this plat is to be filed with the County Clerk, it shall be
printed upon linen or be clearly drawn in india ink upon
tracing cloth. The size of the sheets shall not exceed thirty-
six by twenty (36 x 20 I inches to comply with Section 335
of the Real Property Law.
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SUBDIVISION OF LAND
~ A 106-42
S A106-42. Major subdivision preliminary layout.
The following documents shall be submitted for conditional
preliminary layout approval:
A. [Amended 5.8.73] Twelve (12) paper prints of the
preliminary layout, prepared at a scale of not more than
one hundred (100) feet to the inch, showing:
(II The proposed subdivision name; name of town and
county in which it is located; date; true North point;
scale; name and address of record owner, subdivider
and engineer or surveyor, including license number
and seal.
(2) The names of all adjoining subdivisions and/or the
names of the owners of record of all adj oining
property.
(3) The zoning district, including exact boundary lines of
district if more than one (1) district.'
(4) All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5) Location of existing property lines, easements,
buildings, watercourses, marshes, rock outcrops,
wooded areas, single trees with a diameter of twelve
(121 inches_ or more as measured three (3) feet above
the base of the trunk, and other significant existing
features in the proposed subdivision and adjacent
property.
(6) Location of existing sewers, water mains, culverts and
drains on the property, with pipe sizes, grades and
direction of flow.
(7) Contours at intervals of two (2) feet, and elevations of
existing roads aL one-hundred-foot intervals; ap-
proximate grading plan if natural contours are to be
changed more than two (21 feet.
(8) The width and location of any streets or public ways or
places shown on the Official Map or the Master Plan,
. Editor's Note: See Ch. 100, Zoning.
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A106.4~
SOUTIlO!.lJ CODE
~ AlOG.42
if such exist, within the area to be subdivided, and the
width, location, grades and str,eet profiles of all streets
or public ways proposed by the developer.
(9) The approximate location and size of all proposed
water lines, valves, hydrants and/or firewells, sewer
lines and fire alarm boxes; connections to existing
lines or alternate means of water supply or sewage
disposal and treatment, as provided in the Public
Health Law ; and profiles of all proposed water and
sewer lines. [Amended 12-9-75]
(10) A storm drainage plan indicating the approximate
location and size of proposed lines and their profiles;
connections - to existing lines or to stormwater
recharge basins.
(lll Plans and cross sections showing the proposed
location and type of sidewalks, streetlighting stan.
dards, street trees, curbs, water mains, sanitary
sewers and storm drains, recharge basins, and the size
and type thereof; the character, width and depth of
pavements and subbase; the location of manholes,
catch basins and underground conduits.
(12) Preliminary designs of any bridges or culverts which
may be required.
(13) The proposed lot lines with approximate dimensions
and suggested location of buildings.
(14) An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearings
and distances, made and certified to by a licensed
engineer or land surveyor. The corners of the tract
shall also be located on the ground and marked by
substantial stone monuments or concrete or such size
as approved by the Town Superintendent of High-
ways, and shall be referenced and shown on the plat.
(15) A certificate or other document issued by the Suffolk
County Department of Health Services indicating that
the existing or proposed water supply and sewage
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SUBDlVISIOi'< OF LA,",D
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disposal facilities in the proposed subdivision will
meet the requirements of the Suffolk County
Department of Health Services. [Added 4-19-83]
B. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of
not less than one hundred (100) feet to the inch, showing an
outline of the platted area with its proposed streets and
indications of the probable future street system with its
(Cont'd on page AI0635)
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S A106-42
SUIlDIVISION OF LAND
S A 106-43
grades and drainage in the remaining portion of the tract,
and the probable future drainage layout of the entire tract,
shall be submitted. The part of the entire holding sub-
mitted shall be considered in the light of the entire holding.
C. A copy of such covenants or deed restrictions as are in-
tended to cover all or any part of the tract.
!l AI06-43. Major subdivision plat.
A. The following documents shall be submitted for final plat
approval:
(1) Two 121 copIes of the final plat application.
121 The original final plat tracing.
131 Two (2) cloth prints and three (31 paper prints of the
final plat.
(4) The original and one (1) copy of deeds of cession to
streets, rights-of-way, easements_ or other sites' to be
devoted to public use, and the original and one (I I
copy of agreements, covenants or other documents
. showing the manner in which streets, parks and other
areas are to be reserved and maintained for the
common use of the residents of the subdivision, in-
cluding provisions for. homeowner associations and
property assessments. if needed, all certified as to
their legal sufficiency by the Town Attorney.
151 Two 121 prints of all construction and landscaping
plans and drawings as required by and in accordance
with town specifications.
161 An estimate as to the cost of the required im-
provements, including, but not limited to, streets,
curbing, sanitary sewers, storm drain lines, water lines
and fire hydrants and/or firewells. [Amended 12-9-75J
171 One (1) certified copy of the water company contract
indicating that mains will be installed and water will
be transmitted to the subdivision when available or
required.
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9 A 106-43
SOUTH OLD CODE
9 A 106-43
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(8) If firewells are to be installed, a copy of the proposed
agreement to be entered into with the appropriate fire
district to convey title to said firewells to the fire
district when completed, together with legal access
thereto. [Added 12-9.75]
B. The plat to be recorded with the County Clerk shall be
printed upon linen or be clearly drawn in India ink upon (
tracing cloth. The size of the sheets shall not exceed twenty .
by thirty-six (20 x 361 inches, including a margin for
binding of two 121 inches outside of the border along the
left side, and a margin of one (I) inch outside of the border
along the remaining sides. The plat shall be drawn at a
scale of no more than one hundred (1001 feet to the inch and
oriented with the North point at the top of the map. When
more than one (I) sheet is required, an additional index
sheet of the same size shall be filed, showing to scale the
entire subdivision with lot and block numbers clearly
legible.
C. The plat shall show:
(II Subdivision name, date, scale and North point. (
(2) Certification of title showing ownership.
(3) Names of owners of adjacent land.
(4) Certification by a licensed surveyor as to the accuracy
of the survey and plat.
(51 Primary control points (wherever possible including
monuments included in the state system of plan
coordinates or reference points previously established
by public authority) or description and "ties" to such
. control points, to which all dimensions, angles,
bearings and similar data on the plat shall be referred.
(61 Boundaries of the property; building or setback lines
if greater than those required in the Zoning Or-
dinance;9 lines of streets, lots, reservations,
easements and areas to be dedicated to public use;
large trees, groves and other natural features to be
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9 Editor's Sole: See Ch. 100, ZonIn/{.
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S A106-43
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SUBDIVISION OF LAND
S AI06-43
preserved; lengths and deflection angles of all straight
lines; radii, lengths, central angles, long chords and
tangent distances of all curves. All lengths shall be in
feet and hundredths of a foot, and all bearings shall be
given to the nearest ten (10) seconds or closer, if
(Cont'd on page A10637)
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S A106-43
SUBDIVISION OF LAND
S A 106-50
deemed necessary by the surveyor, The error' of
closure shall not exceed one 11) to ten thousand
(10,000).
(7) Computed area of all lots in square feet.
18) The location of all permanent monuments.
(9) Proposed street names as directed by the Board,
section, block and lot numbers as directed by the
Town Assessor and house numbers as directed by the
Building Department.
110) Designation and purpose of all areas to be dedicated or
. reserved for public use and of any streets which are
not to be dedicated.
(11) Location, width and purpose of all easements.
(12) The proper form for the approval of the Planning
Board, with space for Board members' signatures and
those of other required officials.
S A106-44. Accompanying documents and information. [Added
4-19-83]
For the purposes of these regulations, a map, plat, subdivision
map, application, referral or request received, submitted or filed
with the Town Clerk or the Planning Board or any of its officers or
employees shall not be deemed to be received, submitted or filed
until all documents and information required by these regulations
to accompany the same have been filed with or submitted to the
Planning Board.
ARTICLE V
Variances and W nivers
S AI06-50. Variations in cases of hardship.
Where the Planning Board finds that extraordinary and Un-
necessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial
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S(WTlIOLD CODE
~ '} 106.53
justice may be done and the public interest secured, provided that
such variations will not have the effect of nullifying the intent and
purpose of the Official Map, the Master Plan or the Zoning Or.
dinance, if such exist. 1 0
~ A106.5L Waivers of required improvements.
Where the Planning Board finds that, due to the special cir.
cumstances of a particular plat, the provision of certain required
improvements is not requisite in the interest of the public health,
safety and general welfare, or is inappropriate because of
inadequacy or lack of connecting facilities adjacent or in
proximity to the proposed subdivision, it may waive' such
requirements, subject to appropriate conditions.
~ A106.52. Board to impose conditions.
In granting variances and modifications, the Planning Board
shall require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so
varied or modified,
~ A106.53. Approval of Board of Appeals actions. [Added 9.23.
80]
Heretofore and between the period from January I, 1971, and
September 5, 1979, the Board of Appeals made certain deter.
minations on appeals to it involving area variances and! or the
relocation of lot lines and/or the setoff of lots, all of such deter.
minations being set forth on a schedule caused to be compiled by
the Planning Board. Many of the Board of Appeals' deter.
minations on said schedule may have required approval by the
Planning Board. However, due to misunderstanding, inad.
vertance or' oversight, the owners of the lands involved did not
thereafter apply to the Planning Board for its approval. In the
intervening time, many of the lands involved in such Board of
Appeals' determinations have been sold and/or built upon in
reliance upon the Board of Appeals' determinations and the
subsequent issuance of building permits and/or certificates of
occupancy. The Planning Board has reviewed all of the deter.
1~ Editor's :Sote: Soo Ch. 100, Zoning.
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SIHlJl\ISJO'\ OF !,,\'\Ji
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minations set forth on the aforesaid schedule. In view of the
foregoing, the Plannlng Board (and the Town Board, as evidenced
by its approval of this amendment) determines that an extreme
hardship would be caused if such owners were, at this time,
required to obtain approvals from the Planning Board. Ac.
cordingly, it is hereby determined that any Planning Board ap-
provals that may have been required with respect to the Board of
Appeals' determinations set forth on said schedule are hereby
deemed to have been granted with the same force and effect as if
the same had been submitted to and approved by the Planning
Board in accordance with the applicable laws and regulations. It is
further determined that said schedule shall be endorsed by the
Chairman of the Planning Board and filed in the Town Clerk)
office simultaneously with the effective date of this amendment.
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