A.
The proposed land uses shown on a plat, whether they
are for residential, business, industrial or any other land use, shall
conform to the objectives on which it is based, as well as to the
requirements of the Zoning Ordinance of the Town of Shelter Island,
as well as to its Comprehensive Plan.
[Amended 3-8-1996 by L.L. No. 2-1996]
B.
The arrangement of streets, building lots and other
land uses shall be of such character that they can be used safely
without danger to health or peril from fire, flood, unstable soil
conditions or other menace.
C.
Subdivision designs shall indicate consideration for
suitable separation and protection of different types of land uses,
including highways.
|
1.
|
Unless the Planning Board determines, pursuant to Subsections 2 and 3 below, that a park or recreation area cannot be properly located within a residential subdivision plat, each applicant for residential subdivision shall irrevocably set aside within the subdivision plat a park or recreation area of a size equal to 10% of the total acreage of the entire lands covered by such plat. The irrevocable set aside must be memorialized by an instrument, satisfactory in form to the Planning Board, and recorded with the office of the Suffolk County Clerk. Such park or recreation area shall not include any roadways, rights-of-way, state or Town-regulated wetlands, state or Town-regulated wetland adjacent areas or wetland regulated areas, or buffer areas required pursuant to § 133-12 of the Town Code. Such area may include areas that have been set aside or preserved for open space or recreational use, or that have had their development rights transferred. However, such lands must be actually usable for park or recreation purposes, either by owners of lots on the residential subdivision plat or by the public, depending on the nature of ownership of the property.
| |||
|
2.
|
Except for subdivisions wholly or partially
lying within the Near Shore and Peninsular Overlay District, the Planning
Board may determine that a park or recreation area cannot be properly
located within a residential subdivision plat, based upon the terrain,
the configuration, or the quantity of lands covered by the subdivision
plat. Under those circumstances, the subdivider shall pay to the Town
of Shelter Island a park fee. The park fee shall be equal to 10% of
the appraised fair market value of the entire lands covered by the
subdivision plat at the time of subdivision application. All park
fees paid pursuant to this subsection shall be deposited and held
by the Town in a special trust fund, to be used exclusively either
for the acquisition of sites that are properly located for neighborhood
park, playground or recreation purposes or for the physical improvement
of such sites. At the discretion of the Planning Board, the subdivider
may, in lieu of paying such park fee, give the Town of Shelter Island
lands with an appraised value equal to or higher than the amount of
such park fee, irrespective of whether such lands are located within
or without the subdivision.
| |||
|
3.
|
Subdivisions lying within the Near Shore and
Peninsular Overlay District must provide parkland and may not substitute
a park fee in lieu of land dedication. However, subject to the discretion
of the Planning Board and approval by the Town Board, a parcel outside
the subdivision, but within the Near Shore and Peninsular Overlay
District, may be substituted for a park dedication within the subdivision
so long as it has an appraised value equal to or higher than 10% of
the fair market value of the entire lands within the subdivision plat.
| |||
|
4.
|
The Planning Board may require a subdivider
to improve a park or recreation area in a manner appropriate for its
projected use and compatible with its surroundings.
| |||
|
5.
|
Where a park or recreation area incorporates
a unique natural feature or a landmark, the subdivider shall be responsible
for the protection of such feature or landmark from any destructive
action during the course of the plat development.
| |||
|
6.
|
Notwithstanding the provisions of Subsections
1 and 2 above, the Planning Board may waive the requirements that
a subdivider set aside a park or recreation area or pay a park fee
in lieu thereof with respect to all or any portion of a subdivision
plat:
| |||
|
(a)
|
Where the subdivision meets both of the following
conditions:
| |||
|
(1)
|
Where the average area of the lots in the subdivision (excluding roadways, rights-of-way, state or Town-regulated wetlands, state or Town-regulated wetland adjacent areas or wetland regulated areas, or buffer areas required pursuant to § 133-12 of the Town Code) is, as of the date of the plat approval:
| |||
|
i.
|
For subdivisions located wholly or partly within
the Near Shore and Peninsular Overlay District, more than 200% of
the minimum lot area for the most restrictive zoning district that
covers any portion of the subdivision lands; or
| |||
|
ii.
|
For subdivisions located outside the Near Shore
and Peninsular Overlay District, more than 150% of the minimum lot
area for the most restrictive zoning district that covers any portion
of the subdivision lands; and
| |||
|
(2)
|
Where the subdivider, by a declaration in a
form acceptable to the Planning Board and recorded with the Suffolk
County Clerk, covenants for himself, herself, or itself, and for his,
her or its successors and assigns, that there shall be no resubdivision
or further subdivision of any of the lands or lots covered by the
subdivision plat for which a waiver of park area and/or park fee requirements
was granted except following (i) a majority-plus-one vote of the full
Planning Board, following a duly-noticed public hearing, to allow
such resubdivision or further subdivision, and (ii) the provision
or payment by the subdivider or his, her or its successors and assigns,
of a park or recreation area or park fee based on the total area of
the lands covered by the original subdivision for which the requirements
of a park or recreation area, or payment of park fee in lieu thereof,
were waived; or
| |||
|
(b)
|
For subdivisions located entirely outside of
the Near Shore and Peninsular Overlay District, where the subdivision
is a minor subdivision, of three lots or fewer, in which no subdivision
lot is capable of further subdivision, and the applicant executes
and records with the Suffolk County Clerk a declaration, in form satisfactory
to the Planning Board, that the said lands shall not be further subdivided.
| |||
|
(c)
|
For subdivisions located entirely outside of
the Near Shore and Peninsular Overlay District, where the subdivision
is an affordable housing project developed by the Shelter Island Town
Board.
[Added 6-24-2005 by L.L. No. 6-2005] | |||
|
7.
|
Notwithstanding the provisions of Subsections
1 and 2 above, the Planning Board may waive the requirements that
a subdivider set aside a park or recreation area or pay a park fee
in lieu thereof with respect to all or any portion of a subdivision
plat where the subdivision meets the conditions of Subsections (a)
and (b):
[Amended 3-2-2007 by L.L. No. 2-2007] | |||
|
(a)
|
Where the State of New York, the County of Suffolk,
the Town of Shelter Island, and/or any other government agency or
nonprofit conservation organization has, as of the date of the final
plat approval:
| |||
|
i.
|
Contracted to purchase all or a portion of the
lands covered by the subdivision plat for the purpose of open space,
parkland, or other similar conservation purposes; or
| |||
|
ii.
|
Acquired or contracted to acquire the development
rights to all or a portion of the lands covered by the subdivision
tract for the purposes of public access or use or for open space,
parkland, or other similar conservation purposes; and
| |||
|
(b)
|
Where the portion of the lands being acquired
or the portion of the lands whose development rights are being acquired
constitute at least 30% of the total area of lands covered by the
subdivision plat, for subdivisions in any zoning district.
| |||
|
8.
|
The requirements of this subsection shall be
applicable to all new subdivision or resubdivision applications, including
those for which park land and/or recreation area requirements or in-lieu
fees have already been met, paid, or waived in whole or in part. However,
if any portion of the lands covered by the new subdivision or resubdivision
has already been subject to a park land dedication or in-lieu fee,
such portion shall not be subject to further parkland dedications
or in-lieu fees otherwise due.
| |||
A.
Streets and highways shall be of sufficient width
and suitable grade and shall be suitably located to accommodate the
prospective traffic, to facilitate fire protection and to comprise
a convenient system.
B.
Local streets shall be laid out so that their use
for through traffic will be discouraged. Particular attention should
be given to eliminating possible bypasses around traffic signals and
major intersections.
C.
Collector streets shall be provided to give easy access
to and between local streets. In general, each A-type local street
shall have at least one intersection with a collector street.
D.
Culs-de-sac.
(1)
The use of cul-de-sac streets in a subdivision layout
shall be minimized unless they are found to be well conceived elements
of a planned residential development plan.
(2)
Minimum radius for the right-of-way at the turnaround
shall be 60 feet. The Planning Board may require the central area
of the cul-de-sac to be planted or to retain natural plant material
when it is found to be acceptable by the Board.
E.
Intersections.
(1)
No more than two streets shall intersect or meet at
any one point.
(2)
Streets shall intersect one another at an angle of
90°, where practicable.
(3)
Intersections along collector or local streets shall
be spaced at least 150 feet apart, measured from the points of intersection
of the center lines.
(4)
Intersecting along a highway and certain collector
streets so designated by the Planning Board shall be spaced at least
800 feet apart, measured from the points of intersection of the center
lines, where practicable.
(5)
Adequate sight distance shall be required at all intersections.
F.
Horizontal alignment.
(1)
The recommended minimum center-line radius for a street
curve shall be 200 feet on a local street and 400 feet on a collector
street.
(2)
A tangent distance of at least 50 feet shall be provided
between reverse curves.
(3)
Minimum radius at a corner shall be 25 feet at the
property line, except that a larger radius shall be provided at major
intersections.
G.
Vertical alignment.
(1)
All street gradients shall conform as much as possible
to the natural terrain, minimizing excessive cuts and fills.
(2)
Minimum road gradients shall be 0.50%.
(3)
Maximum road gradients shall be 10%.
(4)
Gradients approaching intersections shall not exceed
2.50%, commencing at a point at least 50 feet from the nearest intersecting
right-of-way line measured along the center line of the road. Intersections
of roads and curbs having minimum gradients shall be detailed sufficiently
to ensure proper surface drainage.
(5)
Gutter line gradients of culs-de-sac shall be a minimum
of 0.50%.
(6)
The formula L equals KA shall be used in the design
of street profiles, where L, the length in feet of a vertical curve,
shall be related to the algebraic difference, A, in percent of grade
and a constant, K, equaling 28 for minor streets and 50 for collector
streets. This formula shall be used for both sag and crest vertical
curves.
(7)
Where there are changes in grade of 1.0% or more,
they shall be connected by a vertical curve.
H.
Width and paving requirements shall be as described
in the highway specifications of the Town of Shelter Island, unless
waived by the Planning Board.
I.
Street improvements shall be laid out in accordance
with the general cross-section standards set forth in the Highway
Department standards and shall be constructed in accordance with the
specifications established by the Town, unless waived by the Planning
Board.
J.
New streets shall be laid out so that they avoid,
where possible, abutting existing lots that are not owned by the subdivider
or that do not join in or consent to the subdivision application.
Such streets may be permitted by the Planning Board if, in its opinion,
the subdivider has demonstrated that there is no other practical location
for the street and that any adverse impacts from the new street on
adjoining properties have been mitigated to the maximum extent practicable.
[Added 12-28-2006 by L.L. No. 20-2006]
A.
The drainage design for all subdivisions shall conform
to the criteria as outlined in the Highway Department standards.
B.
All stormwaters shall be recharged into the subsurface
groundwater reservoir, and no system will be allowed which directly
discharges such waters into any surface water area or into a fresh
or salt marsh.
C.
Natural drainage or alternate systems may be considered
by the Planning Board, provided that they are engineering feasible
and ecologically sound and recommended by the Superintendent of Highways.
A.
All building lots shall at least comply with the requirements
of the Zoning Ordinance of the Town, except where modified by the
Planning Board pursuant to § 281 of the Town Law.
B.
Where a subdivision abuts a highway or in the case
of certain collector streets designated by the Planning Board, the
streets and lots shall be laid out so that there is no direct access
from the lots to such highway or collector street. The lots shall
either back on such highway or collector street, front on an interior
street or front on a marginal road. In the case of reversed lots,
a limited-access easement across the rear of the lot shall prohibit
ingress to or egress from the lot to the highway or collector street,
and the subdivider shall provide fencing and/or screen plantings as
required by the Planning Board where acceptable natural woodland cover
does not exist.
C.
Special attention shall be given to corner lots to
ensure sufficient size for front yards on each street, one rear yard
and one side yard, and leaving adequate building area for an average
house.
D.
Notwithstanding any other provisions of this chapter or of Chapter 133 of the Town Code (Zoning), the Planning Board may permit, as part of any subdivision or adjustment of lot lines, the creation of one or more flag lots (See definition in § 133-3 of this Code), provided that the conditions in § 111-37D(1) and the applicable conditions in Subsections D(2), (3), and (4) are met.
[Amended 9-20-2002 by L.L. No. 12-2002; 6-6-2003 by L.L. No. 8-2003]
(1)
The street frontage of any such flag lot shall be
not less than 20 feet nor more than 50 feet, unless a lesser or greater
frontage is authorized by area variance obtained from the Zoning Board
of Appeals, and the width of the entire length of the flag strip for
the flag lot shall be not less than 20 feet nor more than 50 feet,
unless a lesser or greater width is authorized by area variance obtained
from the Zoning Board of Appeals; and
(2)
The total number of such flag lots shall not exceed
40% of the total lots in a proposed major subdivision (i.e., a subdivision
creating five or more lots) unless a greater number of such lots is
authorized by area variance obtained from the Zoning Board of Appeals;
or
(3)
The number of such flag lots in a proposed minor subdivision
(i.e., a subdivision creating four or fewer lots) shall not exceed
50% of the total number of lots proposed in the subdivision; or
A.
Subdivision design shall preserve and protect, insofar
as possible, natural terrain features, such as salt and fresh marshes,
beaches, dunelands, steep slopes, bluffs, prime agricultural soils,
unique vegetation and animal habitat, floodplains, watercourses, primary
sources of groundwater and natural drainage patterns in accordance
with the Zoning Ordinance and other applicable ordinances of the Town
of Shelter Island.
B.
All surface waters in the Town of Shelter Island are
deemed to be important for the physical and mental well-being of its
residents and resort visitors and for the perpetuation of desirable
animal and plant species and, therefore, shall be protected from siltation
caused by construction or regrading of perimeter properties, from
the influence of induced nutrification caused by the fertilization
of such perimeter properties and from any other form of probable degradation
which might be caused by adjacent land development and use. For the
purpose of such protection, the Planning Board may require, as part
of its approval of subdivision maps, the dedication of perimeter parkland
or easements or covenants to accomplish such protection. Parkland
buffer areas or easements shall be dedicated essentially in a natural
condition leaving the area with sufficient ground cover to prevent
the lateral movement of silts and fertilizers. For this purpose, 50
feet shall be the minimum width considered for such natural area buffers
as measured from the edge of mean water level of freshwaters and the
edge of mean high tide along an estuary, except that, in the case
of tidal wetlands and flood-prone areas, more stringent requirements
may be deemed necessary in order to protect the public safety or quality
of ecological systems.
C.
The natural vegetation and soils of a subdivision
site shall not be disturbed prior to final plat approval by the Planning
Board, except for such minimal disturbance as will be needed and approved
by said Board relative to survey boundary work, excavation of approved
test holes and other acceptable minor site preparation needed for
engineering and planning evaluation.
D.
The Planning Board may require such erosion and sedimentation
control methods as are needed to protect terrain features, including
such methods which are noted in the Erosion and Sediment Control Technical
Handbook prepared by the Suffolk County Soil and Water Conservation
District.
E.
Subdivision lots having frontage along coastal bluffs
shall have sufficient lot depth so that no dwelling will be placed
closer to the top edge of the coastal bluff than 100 feet.
Local electric power, telephone and cable television
lines shall be placed underground except where authorized by the Town
Board or except on the Ram Island Causeways. Utility Companies shall
place special emphasis on preserving the vitality and appearance of
trees. All utilities to flag lots shall be placed underground.
[Added 2-12-1988; amended 3-25-1988; 10-22-2010 by L.L. No. 11-2010]
A.
After issuance of sketch plan approval, all subdivisions shall be
referred to the Board of Fire Commissioners of the Shelter Island
Fire District to determine the need and location of all fire protection
installations as well as to review driveways, streets and highways
for emergency access. The Planning Board shall incorporate the Board
of Commissioners' recommendations in any approval of a final plat,
unless the applicant demonstrates to the satisfaction of the Planning
Board that the recommendations are unnecessary and unreasonable.
B.
There is to be a minimum of one fire protection device per major
subdivision. For minor subdivisions, fire protection devices shall
be at the discretion of the Planning Board.
C.
The following standards shall be applicable to the location and design
of fire protection devices:
(1)
All components of the fire protection device are to conform
to the Shelter Island Fire District's standards.
(2)
Fire protection devices, when necessary, shall be either cisterns
or tanks, and shall be a minimum of 10,000 gallons.
(3)
The design and installation of fire protection devices shall
be shown on the standard detail sheets approved by the Shelter Island
Fire District.
(4)
For a major subdivision, multiple fire protection devices may
be required, in the discretion of the Planning Board, after recommendation
by the Fire Commissioners, to ensure that adequate water sources are
available within 1,000 feet of the furthest boundary of every lot
in the subdivision.
(5)
For minor subdivisions, a fire protection device may be required
in the discretion of the Planning Board, after recommendation by the
Fire Commissioners if the furthest boundary line of any subdivision
lot is 1,000 feet or more from an adequate water source.
(6)
The locations of all tank and cistern vents and fill pipes shall
be eight feet, plus or minus six inches, from the edge of the paved
road or proposed paved road. The Board of Fire Commissioners shall
keep records on the locations of these cisterns and make them available
to the Superintendent of Highways upon request.
D.
No building permit shall be issued until the cisterns or tanks have
been installed and conveyed to the Shelter Island Fire District.
E.
In any particular case where exceptional conditions of terrain or
other factors do, in its judgment, impose undue hardship or practical
difficulty, the Planning Board shall have the right to vary or waive
the provisions of this chapter, provided that it can be done in such
a way as to grant relief and at the same time protect the public interest.
F.
When it deems appropriate, the Planning Board may waive the fire
cistern requirement where the State of New York, the County of Suffolk,
the Town of Shelter Island, and/or any other government agency or
nonprofit conservation organization has acquired or contracted to
purchase development rights to all or a portion of the lands covered
by the subdivision plat for the purpose of open space, as the open
space will not significantly cause the expansion of fire suppression
services.
G.
Should the developer not be required to post a maintenance bond,
the developer shall guarantee the upkeep and the workmanship of all
fire-protection devices to the Shelter Island Fire District for a
period of one year from the date of release of the performance bond
by the Town.
Man-made waterways, such as canals, marinas
and similar constructions which break the fresh groundwater/saline-water
interface shall not be permitted.
