[Amended 3-17-1976 by L.L. No. 2-1976]
For the purpose of providing for the future
growth and development of the Village and affording adequate facilities
for the housing, transportation, distribution, comfort, convenience,
safety, health and welfare of the inhabitants of the Village of Northport,
the Planning Board is hereby authorized and empowered to approve,
disapprove or approve with modifications a plat showing the subdivision
or resubdivision of real property located in the Village of Northport,
pursuant to the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A transfer of title to real property with or without consideration,
or with or without a mortgage of said real property.
The smallest portion of a subdivision or other parcel of land upon which a building may be legally constructed under that section of Chapter 306, Zoning, of the Code of the Village of Northport for the district wherein the land is located. A lot shall also mean plot, parcel or site.
A drawing in final form showing a proposed subdivision containing
all information or details required by the Planning Board pursuant
to this chapter or any other applicable portion of the Code of the
Village of Northport or state law or local law, ordinance, rule or
resolution of this or other municipalities.
A drawing showing the salient features of a proposed subdivision
submitted to the Planning Board for purposes of consideration prior
to the submission of the plat in final form.
The redivision or development of lots, blocks or sites already
shown on a map or plat, the real property of which is either partially
or completely undeveloped, on file in the office of the Clerk of the
County of Suffolk pursuant to the Real Property Law of the State of
New York.
The division or development of any real property into more
than one lot, block or site, with or without streets, not on a map
previously filed in the office of the Clerk of the County of Suffolk
pursuant to the Real Property Law of the State of New York, and shall
include property fronting on existing streets.
In order to carry out the purpose and intention
of this chapter, every person, corporation, partnership, association
or owner of real property who engages in the subdivision or resubdivision
of real property as defined hereunder, located in any zoning district
of the Village of Northport, shall be required to obtain the approval
of the Planning Board of such subdivision or resubdivision and to
file a map or plat of such subdivision or resubdivision in the office
of the Clerk of the County of Suffolk, in accordance with the Real
Property Law of the State of New York, and shall comply with the provisions
of this chapter and the Subdivision Regulations of the Planning Board
of the Incorporated Village of Northport, which subdivision regulations
shall be approved by the Village Board of Trustees.[1]
No building permit shall be issued by the Code
Compliance Director of the Village of Northport for the construction
of any building on a lot of a subdivision or resubdivision as described
hereunder, subject to a conveyance, after the effective date of this
chapter, nor shall a building permit be issued for the alteration,
moving, conversion, extension or demolition of a building on a lot
on a map not filed and approved as provided herein.
Before approval as set forth above shall be
given, formal offers of cession of all streets, easements as required,
highways and parks not marked by notation on the plat as being retailed
under private ownership shall be filed with the Planning Board. The
Village Attorney shall assist the Planning Board regarding such offers
of cession of all streets, easements as required, highways and parks.
A.
Before the approval of the Planning Board of a plat,
such plat shall show in proper cases, and when required by the Planning
Board, a park or parks suitably located for playground or other recreational
purposes.
B.
In approving such plats, the Planning Board shall
require that:
(1)
The streets and highways shall be of sufficient width
and suitable grade and shall be suitably located to accommodate the
prospective traffic, to afford adequate light and air, to facilitate
fire protection and to provide access of fire-fighting equipment to
buildings and to be coordinated so as to compose a convenient system
conforming to the Comprehensive Plan.
(2)
The land shown on such plats 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.
(3)
Suitable monuments have been placed at such block
corners and other necessary points as may be required by the Board
and the location thereof is shown on the map of such plat.
(4)
The parks shall be of reasonable size for the neighborhood
playgrounds or other recreational uses.
(5)
All streets or other public places shown on such plats
shall be suitably graded and paved.
(6)
Sidewalks, streetlighting standards, curbs, gutters,
street trees, water mains, sanitary sewers and storm drains shall
be installed in accordance with standards, specifications and procedures
acceptable to the appropriate municipal departments.
(7)
A formal landscaping plan, drawn to the same scale
as the submitted plat, be provided to the Board. Such plan shall be
deemed to be a page of the submitted plat, and any approvals issued
for a plat shall be conditioned upon compliance with said landscaping
plan with the same force and effect as the plat itself. Said landscaping
plan shall depict the type, size, quantity and location of all plants
and other landscaping materials to be used, with common and scientific
names. Included shall be an indication of all existing vegetation
to be retained, the limit of the area of disturbance and the methods
to be used to protect existing vegetation during the course of the
construction. Cross-sections shall be provided, as appropriate. In
appropriate circumstances and at the sole discretion of the Planning
Board, the requirement of a landscaping plan may be waived.
[Added 4-17-2001 by L.L. No. 4-2001]
C.
Performance bond.
(1)
Alternatively, a performance bond sufficient to cover
at least 1 1/2 the full cost of the same as estimated by the
Planning Board or other appropriate municipal department designated
by the Planning Board shall be furnished to the municipality by the
owner; provided, however, that the Planning Board may waive, subject
to appropriate conditions and guaranties for such period as it may
determine, the provision of any or all such improvements as in its
judgment of the special circumstance of a particular plat or plats
are not requisite in the interests of the public health, safety and
general welfare.
(2)
Such performance bond shall be issued by a bonding
or surety company approved by the Board of Trustees, or by the owner
with security acceptable to the Board of Trustees as to form, sufficiency
and manner of execution.
(3)
Such performance bond shall run for a term to be fixed
by the Planning Board, but in no case for a longer term than one year;
provided, however, that the term of the performance bond may be extended
by the Planning Board with the consent of the parties thereto and
for two additional terms of one year each. In the event that the Planning
Board permits said bond to run for a term longer than one year after
the expiration of the first term of one year, the owner shall cause
said bond to be increased by 25% of the original face value of said
bond.
(4)
If the Planning Board shall decide at any time during
the term of the performance bond that the extent of the building development
that has taken place in the subdivision is not sufficient to warrant
all the improvements covered by such performance bond, or that required
improvements have been installed as provided in this section and by
the Planning Board in sufficient amount to warrant reduction in the
face amount of such bond, the Planning Board, after due notice and
public hearing, may modify its requirements for any or all such improvements,
and the face value of such performance bond shall thereupon be reduced
by an appropriate amount, so that the new face value will cover the
cost in full of the amended list of improvements required by the Planning
Board, and any surety deposited with the Board may be reduced proportionately.
(5)
In the event that any required improvements have not
been installed within the term of the performance bond, the Board
of Trustees may thereupon declare the performance bond in default
and collect the sum remaining payable thereunder and, upon receipt
of the proceeds thereof, the Village shall install such improvements
as are covered by such performance bond and commensurate with the
building development that has taken place in the subdivision, but
not exceeding in cost the amount of such proceeds.
D.
A public liability insurance policy shall be provided
by the owner in appropriate amounts, as determined by the Planning
Board.
E.
In addition, the Planning Board may require the developer
of a plat to submit a schedule of development of improvements for
the subdivision and may direct the Code Compliance Director to withhold
building permits and/or certificates of occupancy if the developer
fails, in the opinion of the Planning Board, to meet the requirements
of the afore-described schedule for dwellings in the subdivision.
In making such determination regarding streets,
highways, parks and required improvements, the Planning Board shall
take into consideration the prospective character of the development,
whether dense residence, open residence, business or industrial.
A.
The Planning Board is hereby empowered to require
submission to it of a preliminary plat when, in the judgment of said
Planning Board, such is required. The Planning Board shall conditionally
approve, disapprove or approve with modifications said preliminary
plat within 62 days, in accordance with the requirements and procedures
outlined in Village Law § 7-728. The Planning Board shall
state, upon its records, the grounds for conditional disapproval or
conditional approval with modifications. Said conditional approval
or approval with modifications shall expire six months following the
date of conditional approval or approval with modifications.
[Amended 8-17-1999 by L.L. No. 12-1999]
B.
The Planning Board, upon the submission of a plat
in final form, shall approve, disapprove or approve with modifications
said plat within 62 days, in accordance with the requirements and
procedures outlined in Village Law § 7-728. In the event
the Planning Board disapproves or approves with modifications said
plat, it shall state its reasons therefor upon its records. The owner
shall submit for the signature of the Chairman of the Planning Board
a final plat, fully complying to subdivision regulations, within 90
days of the date of approval or approval with modifications.
[Amended 8-17-1999 by L.L. No. 12-1999]
C.
A public hearing shall be held by the Planning Board
after the submission of a plat, in the final form, for approval, which
hearing shall be advertised at least once in a newspaper of general
circulation in the Village and a notice of hearing posted in at least
three prominent places at least five days before such hearing.
[Added 11-6-2006 by L.L. No. 10-2006]
A.
LOT LINE CHANGE
The Planning Board is hereby authorized to grant approval
for an application for a lot line change involving two or more existing
and adjacent parcels of land, subject to the requirements set forth
herein. A lot line change is defined as follows:
Where the lot line between adjacent parcels of land, which
are or are not developed but are fully conforming, is moved by action
of the Planning Board. In no case shall a lot line change result in
more lots than the original number, or result in lots that if subdivided
under the Village's existing zoning and subdivision ordinances would
yield more lots than the original number, nor may this process create
nonconformities in any of the lots in question, unless authorized
by grant of the Board of Zoning Appeals. The procedure to change a
lot line is not authorized if the change creates or intensifies any
nonconformity in such a way as to violate any regulation promulgated
pursuant to this article, unless authorized by grant of the Board
of Zoning Appeals, and/or the Planning Board's subdivision regulations
and site improvement specifications, unless waived by the Planning
Board. A lot line change should result in lots that are generally
better configured than the originals and/or shall resolve property
line matters.
B.
Any application for a lot line change shall include:
(1)
Copy of recorded deed for each parcel.
(2)
A survey or surveys prepared by a licensed surveyor
depicting each lot or parcel before the lot line change and the proposed
location and coordinates of the lot line after the change.
(3)
Payment of a fee to the Village equivalent to
an application for a subdivision for the number of lots for which
a lot line change is requested.
(4)
Completed Environmental Assessment Form pursuant
to SEQRA.
(5)
A public hearing giving notice to all property owners located within 200 feet of any of the lots for which a lot line change is requested shall be scheduled by the Planning Board within 60 days of receipt of a complete application. The applicant shall pay for the cost of publication and mailings as required by the Planning Board to give notice of the public hearing, pursuant to § 147-4.
(6)
A completed application form in the format provided
by the Village and such other items as may be required by the Planning
Board.
