[Adopted 6-9-1992 by L.L. No. 28-1992[1]]
[1]
Editor's Note: This local law repealed former
Art. III, Road Review Board, adopted 8-12-1986 by L.L. No. 14-1986.
As used in this article, the following terms
shall have the meanings indicated:
The advisory body created by resolution dated May 25, 1979,
to make recommendations regarding road standards and specifications.
The Town Board of the Town of Southampton.
A licensed professional engineer retained or employed by
the Town of Southampton.
The Board of Trustees of the Freeholders and Commonalty of
the Town of Southampton.
A.
The Road Review Committee shall consist of five members:
(1)
The Building and Zoning Administrator or his/her representative.
(2)
The Town Engineer or his/her representative.
[Amended 12-13-2011 by L.L. No. 44-2011]
(3)
The Superintendent of Highways of the Town of Southampton
or his/her representative.
[Amended 12-13-2011 by L.L. No. 44-2011]
(4)
The Chairman of the Planning Board or his/her representative.
(5)
The Chairman of the Zoning Board of Appeals or his/her
representative.
B.
The Road Review Committee shall meet at a monthly
meeting to review and consider applications referred to it by the
Building Department of the Town of Southampton for the purposes of
rendering an advisory recommendation to the Town Board or Town Trustees
pursuant to this article.
C.
The Committee shall keep minutes of its proceedings,
showing the facts relied upon in making its recommendation, and shall
also keep records of its examinations and other official actions.
D.
The Committee may prescribe rules of the conduct of
its affairs and may set forth an application form for the purposes
of soliciting information pertinent to making the recommendations
called for under this article.
E.
The Committee is authorized to charge a fee, established
and changed as needed by resolution of the Southampton Town Board,
on applications referred to it by the Building Department. This fee
shall be charged on a per-lot basis and may be waived by the Committee
only where there is a request for renewal of a previous determination
and the circumstances under which the previous recommendation was
granted have not changed.
[Amended 4-24-2001 by L.L. No. 16-2001; 5-12-2009 by L.L. No. 17-2009]
A.
No building permit shall be issued for any building or structure unless a street or highway giving access to said proposed building or structure is an existing state, county or Town highway or Trustee road or a street shown upon a plat approved by the Planning Board, as provided by Chapter 292, Subdivision of Land, of the Town Code and §§ 276 and 277 of the Town Law or a street on an old filed map[1] filed in the office of the Suffolk County Clerk prior
to the creation of the Planning Board.
B.
For the purposes of this section, "access" shall mean
that the lot on which the building or structure is proposed to be
erected directly abuts on such street or highway and has sufficient
frontage thereon to allow the ingress and egress of fire trucks, ambulances,
police cars and other emergency vehicles, and a frontage of 20 feet
shall presumptively be sufficient for that purpose.
C.
Before a permit for the erection of any building shall
be issued, the street or highway shall be suitably improved to the
satisfaction of the Town Board in accordance with the standards and
specifications approved by said Board as adequate in respect to the
public health, safety and general welfare for the special circumstances
of the particular highway. In the case of Trustee roads, said standards
and specifications shall be determined by the Town Trustees. Before
rendering any determination on any application under this section,
the Town Board or Town Trustees shall receive an advisory recommendation
from the Road Review Committee. Said recommendation shall set forth
the standards and specifications for improvement given the special
circumstances of the particular street or highway.
D.
Once the Town Board or Town Trustees have adopted
a resolution setting the standards and specifications for the improvement
of the street or highway, the Building Department may issue a permit
under the following circumstances:
(1)
The owner has satisfactorily completed the improvements
set forth in said Town Board or Town Trustee resolution;
(2)
The owner submits an affidavit to the Building Department
certifying that he/she understands and accepts the determination made
by the Town Board or Town Trustees and that he/she agrees to satisfactorily
complete the required improvements before the issuance of a certificate
of occupancy; or
(3)
In the discretion of the Town Board or the Town Trustees,
a performance bond sufficient to cover the full cost of such improvement
as estimated by such Board may be furnished to the Town by the owner.
Such performance bond shall be approved by the Town Board with security
acceptable to the Town Board as to form, sufficiency and manner of
execution. The term, manner of modification and method of enforcement
of such bond shall be determined by the Town Board in substantial
conformity with § 277 of the Town Law.
E.
Under no circumstances may a building permit be issued where the owner is seeking relief under § 123-26 of this article. In such a case, the building permit may only be issued upon receipt of a determination from the Zoning Board of Appeals and compliance with the conditions set forth under Subsection D of this section.
F.
The determination of the Town Board or Town Trustees
under this article shall be valid for a period of one year, unless
a building permit has been issued within the one year and is thereafter
duly processed to completion.
Where the enforcement of the provisions of this
article would entail practical difficulty or unnecessary hardship
or where the circumstances of the case do not require the structure
to be related to existing or proposed streets or highways, the applicant
for such a permit may appeal from the decision of the Board of Appeals.
The same rules and standards that apply to zoning appeals shall be
applicable to such applications. The Board may, in passing on such
appeal, make any reasonable exception and authorize the permit subject
to conditions that will protect any future street or highway layout.
Any such decision shall be subject to review by certiorari order issued
out of a Special Term of the Supreme Court in the same manner and
pursuant to the same provisions as in appeals from the decisions upon
zoning regulations.