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SUBDIVISION REGULATIONS
of
Town Of Southold
September 26, 1967
AMENdEc~ / ~IOVE/rJ~EI?
7, 1968
~MENdEd n7A~ch 3/, Ig70
$1.00
The preparation of this document was financially aided through a
federal grant from the Department of Housing and Urban Develop-
ment, under the Urban Planning Assistance Program for the New
York State Department of Commerce. It was financed in part by
the State of New York, and in part by the Town of Southold.
Raymond & May Associates, Planning Consultants
September 1965
Revised June 1966
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TABLE OF'CONTENTS
ARTICLE I DECLARATION OF POLICY .......................... . 1
ARTICLE II DEFINITIONS ....................................... . 2
ARTICLE III PROCEDURES IN FILING SUBDIVISION
APPLICATIONS & APPROVAL PROCESS ............. . 4
ARTICLE IV GENERAL REQUIREMENTS AND DESIGN
STANDARDS ........................................ . 10
ARTICLE V DOCUMENTS TO BE SUBMITTED ................... . 18
ARTICLE VI VARIANCES AND WAIVERS ......................... . 22
ARTICLE VII SEPARABILITY ..................................... . 22
ARTICLE VIII EFFECTIVE DATE ................................... . 22
ARTICLE I
DECLARATION OF POLICY
By the authority of the resolution of the Town Board of the Town of Southold, adopted on
September 26th, 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 New York, the
Planning Board of the Town of Southold was authorized and empowered to approve Plats
with or without streets, for subdivisions within the limits of said Town.
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: 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, that proper provision shall be made for drainage, water supply,
sewerage and other needed improvements; 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 prop-
erties; 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 may be in existence from time to time, and shall be o1
such width, grade and location as to accommodate the prospective traffic, to afford ade-
quate light and air, to facilitate fire protection and to provide access of fire-fighting
equipment to buildings; that proper provision shall be made for open spaces including
parks and playgrounds; that adequate provision shall be made to conserve the natural
beauty of the Town; and unusally detailed review be afforded to development plans for
waterfront property.
In order that land subdivisions may be made in accordance with this policy, these regu-
lations 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 September
26th, 1967, and adopted by the Planning Board on October 3rd, 1967.
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ARTICLE II
DEFINITIONS
For the purpose of these regulations, certain words and terms used herein are defined as
follows:
Crosswalkway Aright-of-way, dedicated to public use, 10 feet or more in width,
which crosses a block to facilitate pedestrian access to adjacent
streets and properties.
Cul-de-sac (Court) A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
Easement A grant of the use of a strip of land by the public, or corporation,
or persons for specific purposes.
Engineer or Licensed A person licensed as a professional engineer by the State of New
Professional Engineer York.
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 5 or more lots, or any subdivision
requiring the construction of a new street or the extension of muni-
cipal facilities.
Master or A plan for the development of all or portions of the Town of South-
Town Plan old, prepared by the Planning Board pursuant to Section 272-a of
the Town Law, which plan indicates the general locations recom-
mended for various public works, places and structures, and for
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 lots fronting on an
existing street, or the extension of municipal facilities and not ad-
versely 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. 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-ways both existing and proposed.
Planning Board The Planning Board of the Town of Southold, Suffolk County, New
or Board York.
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Preliminary Layout The preliminary layout or map indicating the proposed subdivision
to be submitted to the Planning Board for approval.
Sketch Plan A rough sketch of the Preliminary Layout (or Subdivision Plat in
the case of Minor Subdivisions) 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 Away for vehicular and pedestrian traffic, whether designated as
a street, road, avenue, lane, or other way, located between right-of-
way lines.
Street, Local A local service street is a street running parallel to and in the im-
Service mediate vicinity of a major highway for the purpose of relieving
traffic on the major highway at the points of crossing.
Street, Major A street or highway of great continuity which serves or is intended
to serve as a major traffic artery within the town, county or both
and is designated on the Town Plan as a main 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 neighbor-
hood or a section thereof.
Street, Secondary A street or road of considerable continuity which serves or is in-
tended 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.
Street or Right-of- The distance between property lines, measured at right angles to
Way Width the center line of the street.
Subdivider or Any person, firm, corporation, partnership or association, who shall
Applicant lay out for the purpose of sale or development, any subdivision or
part thereof as defined herein, either for himself or others.
Subdivision The division of any parcel of land into two or more lots, plots, blocks,
sites, or other divisions of land, with or without streets or highways,
including any extension of an existing street, for the purpose,
whether immediate or future, of sale or building development, and
including re-subdivision.
Subdivision or The final plat or map on which the applicant's subdivision is pre-
Final Plat sented to the Planning Board for approval, and which if approved
shall be submitted by the applicant to the County Clerk for re-
cording.
Superblock A block of exceptionally large size in both dimensions, with access
to interior lots by cul-de-sacs branching in from surrounding streets
and providing one or more open spaces.
Surveyor A person licensed as a land surveyor by the State of New York.
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ARTICLE III
PROCEDURE IN FILINGSUBDIVISIONAPPLICATIONS AND APPROVAL PROCESS
Eefore making any offer to sell, or before entering into a contract 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, 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.
ARTICLE III
SECTION 1. SKETCH PLAN
A. Submission of Sketch Plan
Applicant shall submit to the Planning Board (at least two weeks prior to the regular
meeting of the Board) six copies of a Sketch Plan of the proposed subdivision with
road profiles and contours at 5 foot elevations. Such Plan shall comply with the re-
quirements of Article V. Section 1.
of these regulations, and the requirements for street improvements, drainage, sewer-
age, water supply, fire protection, and other similar aspects. In addition, the review
will cover the availability of existing services and other pertinent information.
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, 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 out-lined
in Article III, Section 2 of these regulations. If it is classified as a Major Subdivision
the subdivider shall comply with the procedures outlined in Article III, Section 3,
Section 4, and Section 5.
C. Study of Sketch Fian
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 incorporated in the
applicant's next submission to the Planning Board.
SECTION 2. APPROVAL OF MINOR SUBDIVISION
A. Application and Fee
Within six months after the approval of the Sketch Plan by the Planning Board, the
subdivider shall submit an application for approval of a Subdivision Plat. If such
application is not received within six months, the Planning Board approval of the
Sketch Plan shall expire. The Plat shall follow the layout of the Sketch Plan, as ap-
proved by the Board, plus any recommendations made by the Planning Board. Said
application shall also conform to the requirements listed in Article V, Section 2-A.
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All applications for Plat approval for Minor Subdivisions shall be accompanied by a
fee of $10.00 per lot.
B. Number of Copies
Six copies of the Subdivision Plat shall be presented to the Planning Board at least
_ two weeks prior to a regularly scheduled Planning Board meeting.
C. Subdivider to Attend Planning Board Meeting
The subdivider, or his duly authorized representative, shall attend the meeting of the
Planning Board to discuss the Subdivision Plat.
D. When Officially Submitted
The Subdivision Plat shall be considered officially submitted only when all the sur-
veys, plans, required certifications and signatures, and other data required in Article
V, Section 2 are submitted complete and in good form, together with the application
and fee, at a regular meeting of the Planning Board.
F. Public Hearing
Before the Planning Board shall act on the Subdivision Plat, it shall hold a public
hearing in accordance with Section 276 of the Town Law.
F. Action on Subdivision Plat
The Planning Board shall, within 45 days from the public hearing date, approve or
approve with modification, or disapprove the Subdivision Plat.
SECTION 3. PRELIMINARY LAYOUT FOR MAJOR SUBDIVISION
A. Application and Fee
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 consid-
eration of a Preliminary Layout of the proposed subdivision, in the form described in
Article V, Section 3. The Preliminary Layout shall comply with the requirements set
forth in these regulations, including Article V, Section 3, and Sections 276 and 277
of the Town Law.
The application filed with the Town Clerk shall be accompanied by a fee of $50, plus
$5 per acre or part thereof in the proposed subdivision.
B. Number of Copies
Six paper prints of the Preliminary Layout and the duplicate application shall be
filed with the Town Clerk at least two weeks prior to a regularly scheduled Planning
Board meeting. The Clerk shall immediately forward to the Planning Board four
prints of the layout and a copy of the application.
C. Subdivider to Attend Planning Board ZVIeeting
The subdivider, or his duly authorized representative, shall attend the meeting of the
Planning Board to discuss the Preliminary Layout.
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D. Study of Preliminary Layout
The Planning Board shall study the Preliminary Layout, taking into consideration
the requirements of the community and the best use of the land being subdivided.
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. The To~c~n Superintendent of Highways will review all above aspects of the de-
sign of the proposed subdivision including a field check, and submit a report to the
Planning Board with his recommendations prior to the scheduled meeting.
E. Conditional Approval of the Preliminary Layout
Following review of the Preliminary Layout, the Planning Board may, within forty-
five (45) days, act thereon, as submitted, or modified. If approved, the Planning
Board shall express its approval as Conditional Approval and state the conditions of
such approval, if any, with respect to the specific changes which it will require in
the Preliminary Layout; and the character and extent of required improvements
including those for which waivers may have been requested. If the Preliminary Lay-
out is disapproved, the Planning Board shall express its disapproval in writing and the
reasons therefor.
The action of the Planning Board shall be noted on two copies of the preliminary Lay-
out. One copy shall be returned to the subdivider. Conditional Approval of a Prelim-
inary Layout shall not constitute approval of the Subdivision Plat, but rather it shall
be deemed an expression of approval of the design submitted on the Preliminary Lay-
out as a guide to the preparation of the Subdivision Plat.
ARTICLE III
SECTION 4. PLAT FOR MAJOR SUBDIVISION
A. Application for Approval
The subdivider shall, within one year after the Conditional Approval of the Prelim-
inary Layout, file with the Town Clerk an application (in duplicate) for approval
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 front-
age on a public street; abuts an existing street on the Town's Official Map; or an
approved street for which a bond has been filed under Paragraph E, below. A High-
way Inspection fee ofL`~°Jo of the amount of the boxid as estimated by the Town En-
gineer for streets and improvements proposed in the subdivision shall be paid prior
to final plat approval.
Failure to submit all or a portion of the Subdivision Plat within six months shall
automatically cancel the Preliminary Layout Conditional Approval, 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.
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-H. Number of Copies and Date of Official Submission
In order for a proposed Subdivision Plat to receive Planning Board approval, the
documents listed in Article V, Section 4 shall be filed with the Town Clerk, in good
form, at least two weeks in advance of the regular meeting at which it is to be consid-
ered officially submitted. The Clerk shall immediately forward such maps to the
Planning Board.
C. Endorsement of State and County Agencies
Water and sewer facility proposals contained in the Subdivision Plat shall be proper-
ly approved and endorsed by the Suffolk County Department of Health. Endorsement
and approval by the County Department of Health shall be secured by the subdivider
before official submission of Subdivision Plat. Three (3) cloth prints of the proposed
subdivision plat shall be submitted to the County Department of Health, together
with all other necessary details required by the Planning Board. In addition, applica-
tions for approval of plans for sewers or water facilities will be filed by the subdi-
vider with all necessary Town, County and State agencies.
D. Reports of Town Superintendent of Highways and Planning Board Engineer
The Superintendent shall submit a report to the Planning Board at the public hearing
on the highways in the proposed subdivision. The Planning Board's Engineer shall
submit a detailed list of all improvements and construction items and an estimate of
the cost of construction.
E.
Public Hearing
Before the Planning Board will act on any Subdivision Plat, it shall hold a public
hearing thereon in accordance with Section 276 of the Town Law.
F'
Action on Proposed Subdivision Plat
The Planning Board shall, within 45 days from and after the time of the public hear-
ing on the Subdivision Plat, approve or approve with modification, or disapprove the
Subdivision Plat. The report of the Superintendent of Highways shall also be ap-
proved or disapproved and included in the final resolution of the Board. The Subdivi-
sion Plat shall not be signed by the authorized officers of the Board for recording until
the subdivider has complied with the pros>isions of Article III, Section 5, below, and
delivers to the Town Clerk a performance bond to cover the full cost of all required
improvements in an amount set by the Board. Such bond shall comply with the re-
quirements of Section 277 of the Town Law, be satisfactory to the Town Board as to
form, sufficiency, manner of execution and surety, and provide for completion of the
said improvements in such appropriate period of time, as the Board shall determine,
not to exceed three (3) years.
A copy of all resolutions and reports shall be forwarded immediately to the Town
Board as a part of said Board's authorization in connection with the approval of the
bond and all other items under its jurisdiction, as specified in the Town Law.
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SECTION 5. 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 circumstances of a particular plat or
plats, are not requisite in the interests of the public health, safety and general wel-
fare. 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 guarantees as may be necessary to protect the
public interest.
E. Modification of Design of Improvements
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
unforseen conditions make it necessary or preferable to modify the location or design
of such required improvements, the Superintendent may upon his own initiative or
upon written request of the subdivider, authorize modifications provided these modi
fications are within the spirit and intent of the Planning Board's approval. The Sup-
erintendent in issuing an authorization under this Section, shall do so in writing and
shall transmit a copy of such authorization to the Planning Board at their next regular
meeting.
ARTICLE III
SECTION 5. REQUIRED IMPROVEMENTS
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 improvements during the progress
of construction. It shall be the duty of the subdivider to notify the Planning Board
and Highway Department two days prior to the commencement or completion of any
work on each stage or operation of the construction of improvements. Said construc-
tion inspector shall, after completion of construction, 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 im-
provements as constructed, in the same detail as required for the approved Subdivi-
sion Plat.
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Such letter shall state that the utility company will make the installations necessary
for the furnishing of its services.
E. Proper Installation of Improvements
If the Construction Inspector shall find, upon inspection of the improvements per-
formed 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 neces-
sary, the bonding company, and take all necessary steps to preserve the Town's rights
under the terms of the bond.
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SECTION 6. FILING OF APPROVED SUBDIVISION PLAT
A. Final Approval and Filing
Upon completion of the above requirements and notation to that effect upon the Sub-
division 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 Subdivision Plat not so filed or
recorded within ninety (90) days of the date upon which such Subdivision Plat is
approved or considered approved by reasons of failure of the Planning Board to act,
shall become null and void. However, if the applicant can demonstrate to the Plan-
ning Board that certain circumstances prevent the filing of the Plat within the speci-
fied time, the Planning Board may at its discretion, grant an extension in which to
file the Plat, which shall not exceed two additional periods of ninety (90) days each.
B. Plat Void if Revised After Approval
No changes, erasures, modifications, or revisions shall be made in any Subdivision
Plat after approval has been given by the Planning Board and endorsed in writing
on the Plat, unless the said Plat is first resubmitted to the Planning Board and such
Board approves said modifications. In the event that any such Subdivision 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.
SECTION 7. PUBLIC STREETS, RECREATION AREAS
A. Public Acceptance of Streets
The approval by the Planning Board of a Subdivision Plat shall not be deemed to con-
stitute or be evidence of any acceptance by the Town of any street, right-of-way or
easement shown on such Subdivision Plat. The applicant shall comply with all Town
rules and regulations regarding the dedication of highways. (See amended Section
278 Town Law-Law of 1967).
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 constitute 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 grad-
ing, 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 ces-
sion shall be deemed to be void.
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D. Improvements Required Before Buildings in Subdivision May be Occupied
Where a permit is desired for the occupancy of a building in the subdivision, prior to
the completion of the improvements as required in the Planning Board's approval of
the Subdivision 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 improvement shall be adequate for vehicular ac-
cess 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 condition.
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 High~~ays that the access road is
adequately improved, 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.
ARTICLE IV
GENERAL REQUIREMENTS AND DESIGN STANDARDS
In considering applications for subdivision of land, the Planning Board shall be guided
by the standards set forth hereinafter. The said standards shall be considered to be mini-
mum requirements.
SECTION 1. GENERAL
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
Subdivision 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 approval of the New York State andj or Suffolk
County Departments of Public Works and Health are required, specifications for re-
quired improvements may be obtained from the respective agencies.
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SECTION 2. STREET LAYOUT
A. Width, Location and Construction
Streets shall be of sufficient width, suitably located, and adequately constructed to
conform 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.
B. Arrangement
The arrangement of streets in the subdivision shall provide for the continuation of
major streets of adjoining areas, and for proper projection of such streets into adjoin-
ing properties, in order to make possible necessary fire protection, movement of
traffic and construction or extension, presently or when later required, of needed
utilities and public services such as sewers, water drainage facilities. Where, in the
opinion of the Planning Board, topographic or other conditions make such continu-
ance undesirable or impracticable, the above conditions may be modified.
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
anon-access reservation along the rear property line, deep lots with rear service
alleys, or such other treatment as may be necessary for adequate protection of resi-
dential properties and to afford separation of through from local traffic.
E. Provision for Future Resubdivision
Where a tract is subdivided into lots substantially larger than the minimum size re-
quired in the zoning district in which a 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 residenta] streets will be encouraged wherever the
Board finds that such type of development will not interfere with normal traffic cir-
culation in the area, provided interior parks are covered by appropriate covenants as
to maintenance. In the case of dead end streets, where needed or desirable, the Board
may require the reservation of a 10-foot wide easement to provide for continuation
of pedestrian traffic and utilities to the next street. Subdivisions 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
Subdivision Plat.
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G. Block Size
Blocks shall not be excessively long. Blocks generally shall not be less than 400 feet
in length. In general, the width of a block shall not be less than twice the normal lot
depth, nor more than 1200 feet in length.
In blocks exceeding 800 feet in length, the Planning Board may require the reserva-
tion of a 10-foot wide easement through the block to provide for the crossing of under-
ground utilities and pedestrian traffic where needed or desirable and may further
specify, at its discretion, that a 4-foot wide paved foot path be included. The Planning
Board shall require the proper maintenance of any such easement.
Irregularly shaped blocks (including superblocks) indented byCul-de-sacs and contain-
ing 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
500 feet apart.
I. Street Jogs
Street jogs with center line offsets of less than one hundred and 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 100 feet
the street is approximately at right angles to the street it joins.
K. Relation to Topography
The street plan of a proposed subdivision shall bear a logical relationship to the topo-
graphy of the property, and all streets shall be arranged so as to obtain as many of
the building sites as possible at or above the grade of the streets. Grades of streets
shall conform as closely as possible to the original topography.
L. Other Required Streets
Where a subdivision borders on or contains a railroad right-of-way of a major street
right-of-way, the Flanning Board may require a street approximately parallel toandon
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 districts, or for commercial or in-
dustrialpurposes in appropriatedistricts ). Such distances shall also be determined with
due regard for the requirements of approach grades and future grade separations.
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SECTION 3. 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)
Minimum
Type of Street Right of Way
Major Streets 100 feet*
Secondary or Collector Streets 80 feet*
Minor Streets 50 feet
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, street lights and street signs, street trees, and
fire hydrants, except where waivers may be requested, and the Planning Board 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 Super-
intendent of Highways.
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 street line to simplify location and re-
pair of lines when they require attention. The subdivider shall install underground
service connections to the property line of each lot within the subdivision for such
required utilities before the street is paved.
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 20 feet in width shall.
be otherwise provided with satisfactory access to the street. Wherever possible, ease-
ments shall be continuous from block to block and shall present as few irregularities
as possible. Such easements shall be cleared and graded where required.
E. Steep Curves; Visibility of Intersections
Sharp curves shall be avoided. In order to provide visibility for traffic safety, that
portion of any corner lot (whether at an intersection entirely within the subdivision
or a new street with an existing street) which is shown shaded on Sketch A shall be
cleared of all growth (except isolated trees} and obstructions above the level three
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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F. Dead End Streets
Where dead end streets are designed to be so permanently, they should in general, not
exceed 800 feet in length, and shall terminate in a circular turnaround having a mini-
mum right-of-way radius of 50 feet and pavement radius of 40 feet. At the end of tem-
porary dead end streets a temporary turnaround with a pavement radius of 40 feet
shall be provided, unless the Planning Board approves an alternate arrangement.
SECTION 3. STREET DESIGN
G. Watercourses
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 design
approved by the Town Superintendent of Highways.
Where a subdivision is traversed by a watercourse, drainage way, channel or stream,
there shall be provided a storm water easement or drainage right-of-way as required
by the Town Superintendent of Highways.
Necessary drainage structures must be provided to receive all run off waters from
natural drainage areas outside of the subject subdivision which will in any way tend
to create a drainage problem within the subdivision area.
rn ironti of areas zones ana aesignea for commercial use, or where a change of zon-
ing 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.
SECTION 4. STREET NAMES
A. Type of Name
All streets shown on a Preliminary Layout or Subdivision Plat shall be named 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).
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SKETCH A
B. Names to be 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. Gen-
erally, no street should change direction by more than 90 degrees without a change
in street name.
t
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SECTION 5. 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 topo-
graphy 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.
~. Driveway Access
Where practicable, corner lots shall be so laid out that their driveways Dave 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 Superinten-
dent of Highways as to size, type and installation, shall be set at such block corners,
angle points, points of curves in streets, and other points as the Town Superinten-
dent of Highways may require, and their location shall be shown on the Subdivision
Plat.
SECTION 6. DRAINAGE IMPROVEMENTS
A.. Removal of Spring and Surface Water
The subdivider inay 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.
. 13. Drainage Structure to Accommodate Potential Development
A recharge basin, culvert or other drainage facility shall, in each case, be large enough
to accommodate potential run-off from its entire drainage area, whether inside or
• outside the subdivision. The Town Superintendent of Highways shall approve the
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design and size of facility based on anticipated run-off from a "ten year" storm under
conditions of total potential development permitted by the Zoning Ordinance in the
watershed.
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 other uses as may increase
danger to health, life or property, or aggravate the flood hazard, but such land with-
in 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 facil-
ities, including recharge basins, to be installed within the Plat area shall be construct-
ed 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 con-
dition until such time as the land is dedicated and released to the Town. All storm
water 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 prio
structed in accordance with requirements
Superintendent of Highways.
r to excavation. All fencing shall be con-
and specifications available from the Town
SECTION i. OTHER IMPROVEMENTS
A. Sanitary Sewer Facilities and Sanitary Sewer Districts
The subdivider shall install sanitary sewer facilities in a manner prescribed by the
Town Board. 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 san-
itary sewers to the subdivision.
E. 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 with-
in the right-of-way approved by the Superintendent of Highways.
C. Street Lighting Standards
Where required by the Planning Board, street lighting standards of a design conform-
ing to the Town specifications, shall be placed in a manner and location approved
by the Town Superintendent of Highways. In the case of a subdivision involving a
County or State Highway, approval shall be obtained from the appropriate highway
agency.
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SECTION 8. 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 res-
ervation shall be of suitable size, dimension, topography and general character, and
shall have adequate road access, for the particular purposes envisioned by the Plan-
ning Board. The area shall be shown and markedon the Plat"Reserved for Recreation
Purposes." When recreation areas are required, the Planning Board shall determine
the number of acres to be reserved on the basis of providing two (2) acres of recrea-
tion area for every one hundred (100) families.
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 particular subdivision would create less than.
four (4) acres, the Board shall require that the recreation area be located at a suit-
able 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 relative-
ly level and dry. All land to be reserved for dedication to the Town for park pur-
poses shall have prior approval of the Town Board.
D. Other Recreation Reservations
None of the paragraphs above shall be construed as prohibiting a developer from re-
serving other land for recreation purposes in addition to the requirements of this
Section.
E. Alternate Procedure: Money in Lieu of Land
Where the Planning Board deems that a reservation of land would be inadequate in
size for park or playground use, either alone or in conjunction with abutting reserva-
tions on adjoining subdivisions, the Planning Board may waive the requirement for
such reservations with 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 Amended Section 277 Town Law-1967 and separately identified to
show the name and location of the subdivision for which the deposit was made. Such
deposit shall be used by the Town for a neighborhood 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.
The Town Board shall determine the amount to be deposited based on the following
formula: Not less than $3,000 per gross acre of land that would otherwise be required
for recreation purposes or 5 percent of the fair market value of the total acreage pro-
posed for subdivision as determined by an independent appraiser retainedby cheTown.
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F. School Sites
Upon receipt from the School Board of a letter declaring their interest in a schoo)
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 auth-
orities to purchase such school site within 36 months after the date of the approval of
the Plat, the subdivider, upon application to the Board and approval of such applica-
tion, 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
division to any neighboring property, or to
shall be prohibited.
to control access from the proposed sub-
any land within the subdivision itself,
H. Preservation of Natural Features
The Planning Board shall, wherever possible, establish the preservation of all natural
features which add value to residential developments and to the community, such as
large trees or groves, water courses beaches, historic spots, vistas and similar irre-
placeable assets. In general, all trees on the site, except those situated within pro-
posed areas for building sites, driveways and utility lines, and for a distance of ten
(10) feet therefrom, shall be preserved.
Street Trees
The Planning Board shall require the planting of new street trees in subdivisions in
accordance with the Town specifications. Such trees shall be planted in a manner pre-
scribed by the Board. (See Superintendent of Highways).
J. Streets Terminating at Tidewater
All streets terminating at tidewater shall have a width of not less than 100 feet for
100 feet back from the main high water mark. All highways on waterfront property
must have the same access to the water as above required.
ARTICLE V
DOCUMENTS TO BE SUBMITTED
SECTION 1. SKETCH PLAN
A. The sketch plan initially submitted to the Planning Board shall be based on the Town
tax map at a scale of 1" equal 100'. The sketch plan shall be submitted, showing the
following information.
(1) Key map showing the location of the proposed subdivision, and the distance to
the nearest existing street intersection.
(2) All existing structures, wooded are as, streams and other significant physical fea-
tures, within the area to be subdivided and within 200 feet thereof. Contours shall
be indicated at intervals of not more than five (5) feet except for minor subdivi-
sions where contours will only be required upon request of the Planning Board.
Two foot contours may be required by the Planning Board where drainage prob-
lems are deemed to exist.
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(3) The name of the subdivision property owner and of all adjoining property owners
as listed on the Town tax rolls.
(4) Town tax map, school district number and sheet number.
(5) Location of available utilities and of proposed, mapped or existing streets.
(6) The proposed lot and street layout, including recreation areas. Systems of drain-
age, sewerage, and water supply (see Section 2-A3, below) within the subdivided
area.
(7) Notations of all existing restrictions on the use of land including easements,
covenants, or zoning lines.
SECTION 2. MINOR SUBDIVISION PLAT
A. In the case of Minor Subdivisions ONLY, the Subdivision Plat application shall include
all information shown on the approved Sketch Plan, plus the following information:
(1) A copy of such covenants or deed restrictions as are intended to cover all or part
of the tract.
(2) An actual field survey of the boundary lines of the tract, giving complete descrip-
tive data by bearings and distances, made and certified to by a licensed engineer
or land surveyor. The corners of tract shall also be located on the ground and
marked by monuments as approved by the Town Engineer, and shall be refer-
enced and shown on the Plat.
(3) All sanitation and water supply facilities shall be designed to meet the specifica-
tions of the County Board of Health, and a note to this effect shall be stated on the
Plat and signed by a licensed engineer.
(4) Proposed subdivision name, 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 sub-
divider.
(6) 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 (36) inches by twenty (20) inches to comply with Section 335
Real Property Law.
SECTION 3. MAJOR SUBDIVISION: PRELIMINARY LAYOUT AND ACCOMPANY-
ING DATA
The following documents shall be submitted for Conditional Preliminary Layout Ap-
proval:
A. Six (6) paper prints of the preliminary layout, prepared at a scale of not more than
one hundred (100) feet, showing:
(1) 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 adjoining property.
(3) Zoning District, including exact boundary lines of district, if more than one
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, water courses, marshes,
rock outcrops, wooded areas, single trees with a diameter of 12" or more as
measured 3 feet above the base of the trunk, and other significant existing fea-
tures for the proposed subdivision and adjacent property.
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(6) Location of existing sewers, water mains, culverts and drains, on the property
with pipe sizes, grades and direction of flow.
(7) Contours with intervals at two (2) feet and elevations on existing roads at 100-
foot intervals. Approximate grading plan if natural contours are to be changed
more than two (2) feet.
(8) The width and location of any streets or public ways or places shown on the
Official Map or the Master Plan, if such exist, within the area to be subdivided,
and the width, location, grades and street 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 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 Pub-
lic Health Law. Profiles of all proposed water and sewer lines.
(10) Storm drainage plan indicating the approximate location and size of proposed
lines and their profiles. Connection to existing lines or to storm water recharging
basins.
(11) Plans and cross-sections showing the proposed location and type of sidewalks,
street lighting standards, 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 sub-base, 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 dimension and suggested location of
buildings.
(14) An actual field survey of the boundary lines of the tract, giving complete de-
scriptive data by bearings and distances, made and certified to by a licensed
engineer or land surveyor. The corners of tract shall also be located on the ground
and marked by substantial stone monuments or concrete of such size as approved
by the Town Superintendent of Highways, and shall be referenced and shown
on the Plat.
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 show-
ing an outline of the platted area with its proposed streets and indication oftheprobable
future street system with its 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 submitted shall be considered in the light of the entire
holdings.
C. A copy of such covenants or deed restrictions as are intended to cover all or any part
of the tract.
SECTION 4.MAJOR SUBDIVISION: SUBDIVISION PLAT & ACCOMPANYING DATA
The following documents shall be submitted for Subdivision Plat approval:
1. Two (2) copies of the Subdivision Plat application.
2. The original Subdivision Plat tracing.
3. Two (2) cloth prints and three (3) paper prints of the Subdivision Plat.
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A. 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
20 inches by 36 inches, including a margin for binding of two inches, outside of the
border, along the left side and a margin of one inch outside of the border along the
remaining sides. The Plat shall be drawn at a scale of no more than 100 feet to the
inch 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 numbers clearly legible.
The Plat shall show:
(1) 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.
(5) Primary control points (wherever possible including monuments included in the
state system of plan coordinates on 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.
(6) Boundaries of the property, building or set-back lines if greater than those re-
quired in the zoning ordinance; lines of streets; lots; reservations; easements and
areas to be dedicated to public use; large trees; groves and other natural features
to be preserved; lengths and deflection angles of all straight lines; radi; lengths;
central angles; long chords and tangent distances of all curves. All lengths shall
be in feet and 100's of a foot, and all bearings shall be given to the nearest ten (10 )
seconds or closer if deemed necessary by the surveyor. The error of closure shall
not exceed one (1) to ten (10) thottsand.
(7) Computed area of all lots in square feet.
(8) The location of all permanent monuments.
(9) Proposed street names as directed by the Board, and section, block and lot num-
bers as directed by the Town Assessor; and house numbers as directed by the
Building Department.
(10) 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) Proper form for the approval of the Planning Board with space for their signa-
tures and other required officials.
B. The original and one 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 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, including provisions for home-owner associations and property assess-
ments if needed, all certified as to their Iegal sufficiency by the Town Attorney.
C. Two prints of all construction and landscaping plans and drawings as required by,
and in accordance with, Town specifications.
D. An estimate as to the cost of the required improvements, including, but not limited
to, streets, curbing, sanitary sewer and storm drain lines.
E. One certified copy of the Water Company contract indicating that mains will be in-
stalled and water will be transmitted to the subdivision, when available or required.
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ARTICLE VI
VARIANCES AND WAIVERS
SECTION 1. VARIATION IN CASE OF HARDSHIP
Where the Planning Board finds that extraordinary and unnecessary hardships may re-
sult from strict compliance with these regulations, it may vary the regulations so that
substantial justice may be done and the public interest secured; provided that such varia-
tions will not have the effect of nullifying the intent and purpose of the Official Map, the
Master Plan, or the Zoning Ordinance, if such exist.
SECTION 2. WAIVERS OF REQUIRED IMPROVEMENTS
Where the Planning Board finds that, due to the special circumstances 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.
SECTION 3. 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 require-
ments so varied or modified.
ARTICLE VII
SEPARABILITY
SECTION 1
Should any section or provision of the regulations contained herein or as amended here-
after be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the regulations as a whole or any part thereof other than the part so
declared to be invalid.
ARTICLE VIII
EFFECTIVE DATE
SECTION 1
These regulations shall be effective immediately upon approval of the Town Board and
adoption by the Planning Board.
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