Village of Asharoken, NY
Suffolk County
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Table of Contents
Table of Contents
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any public offer to sell any lot or lots in such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least two weeks prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 107-19, for the purpose of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
At its meeting with the subdivider, the Planning Board shall discuss the objectives of these regulations and the requirements for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If classified and approved as a minor subdivision, the subdivider shall then comply with the procedure outlined in Article III, § 107-5, of these regulations. If classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Article III, §§ 107-6, 107-7 and 107-8.
C. 
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific suggestions in writing to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Application and fee.
(1) 
Within six months after the approval of the sketch plan by the Planning Board, the subdivider shall submit an application for approval of a final subdivision plat. The plat shall contain all information from the sketch plan, as approved by the Board, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article V, § 107-21.
(2) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee of $500 plus $100 per lot, plus all costs, including but not limited to professional consultants, stenographer and legal fees.
[Amended 6-4-1990 by L.L. No. 2-1990]
B. 
Number of copies. Three copies of the subdivision plat shall be presented to the Secretary of the Planning Board at least two weeks prior to a scheduled 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 surveys, plans and other data required in Article V, § 107-21, are submitted complete and in good form, together with the application and fee at a regular meeting of the Planning Board.
E. 
Public hearing. Before the Planning Board shall act on the subdivision plat, it shall hold a public hearing in accordance with § 7-728 of the Village Law.
F. 
Action on subdivision plat. The Planning Board shall, within 60 days from the official submission date, approve or approve with modification or disapprove the subdivision plat.
[Amended 6-4-1990 by L.L. No. 2-1990]
A. 
Application and fee.
(1) 
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision, in the form described in Article V, § 107-20, thereof. The preliminary layout shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law, and Article V, § 107-20, of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2) 
The application shall be accompanied by a fee of five $500 plus $100 per lot, plus all costs, including but not limited to professional consultants, stenographer and legal fees.
[Amended 6-4-1990 by L.L. No. 2-1990]
B. 
Number of copies. Five copies of the preliminary layout shall be presented to the Secretary of the Planning Board at least two weeks prior to a scheduled 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 preliminary plat.
D. 
Study of layout. The Planning Board shall study the practicability of the preliminary plat, 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, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, if such exists, and zoning regulations.[1]
[1]
Editor's Note: See Ch. 125, Zoning.
E. 
Conditional approval of the preliminary plat.
(1) 
Following review of the preliminary plat, the Planning Board shall, within 60 days of the time of submission, act thereon, as submitted or as 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 plat and the character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare. If the preliminary plat is disapproved, the Planning Board shall express its disapproval and its reasons thereof.
[Amended 6-4-1990 by L.L. No. 2-1990]
(2) 
The action of the Planning Board shall be noted on two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Planning Board. Conditional approval of a preliminary plat 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 plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form.
A. 
Application for approval. The subdivider shall, within six months after the conditional approval of the overall preliminary plat, file with the Planning Board an application for approval of all or part of the proposed subdivision, using the approved application blank available from the Secretary of the Planning Board. [The subdivider may develop the subdivision in progressive stages instead of in its entirety; but no subdivision or portion thereof shall be considered unless it has frontage on a public street; abuts at least one street on the Official Map, if such exists, which street shall be improved to the satisfaction of the Planning Board; or abuts an approved street for which a bond has been filed under § 107-8A below.] Failure to submit a section of the plat within six months shall automatically cancel the conditional approval, unless extended 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 or any zoning amendments pending at the time. Where plat approval is requested in sections, those sections subsequent to the first section shall be individually submitted for approval within a period of two years following the conditional approval of the preliminary plat. In the event that any section of the plat, other than the first one, has not been submitted for approval within the two-year period, then the conditional approval of the preliminary plat, as it pertains to such remaining sections, shall be automatically canceled unless extended by the Board.
B. 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Board shall provide the Secretary of the Board with a copy of the application and three copies of the plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all engineering drawings, at least two weeks in advance of the meeting at which it is to be submitted.
C. 
When officially submitted. The subdivision plat shall be considered officially submitted only when all the surveys, plans and data required in Article V hereof are submitted complete and in good form together with the application and fee at a regular meeting of the Planning Board.
D. 
Endorsement of state and County agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Suffolk County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Village, County and state agencies.
E. 
Public hearing. Before the Planning Board will act on any subdivision plat, it shall hold a public hearing thereon in accordance with § 7-728 of the Village Law. Notice of the hearing will be duly published and, in addition, will be mailed at least five days in advance of the hearing to all abutting property owners, to all owners directly across any streets, all owners adjoining the proposed subdivision and to such other persons as the Board may deem particularly affected.
F. 
Action on proposed subdivision plat. The Planning Board shall, within 60 days from the official submission date of the subdivision plat, approve or approve with modification or disapprove the subdivision plat. However, the subdivision plat shall not be signed by the authorized officers of the Board for recording until the subdivider has complied with the provisions of § 107-8 of this Article.
[Amended 6-4-1990 by L.L. No. 2-1990]
G. 
Issuance of building permits. Notwithstanding the requirements of the Zoning Ordinance[1] and other applicable codes and ordinances, the Superintendent of Buildings may issue building permits for lots on the approved plat upon notification by the Planning Board that required improvements have been properly installed or that a bond to cover these improvements has been filed with the Village Clerk. However, no certification of occupancy shall be issued on subdivision plots until such plat is duly filed in the Suffolk County Clerk's office.
[Amended 6-4-1990 by L.L. No. 2-1990]
[1]
Editor's Note: See Ch. 125, Zoning.
A. 
Improvements and performance bond. Before the Board grants final approval of the subdivision plat, the subdivider shall follow the procedure below:
(1) 
In an amount set by the Planning Board, the subdivider shall either file with the Village Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Village Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Board and Village Planning Board as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond within which required improvements must be completed. If the bond is not filed within 45 days of the approval granted in § 107-7F above, the plat shall be deemed disapproved.
(2) 
The subdivider shall also file with the Village a certified check or surety bond in the amount determined by the Planning Board to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Any such bond shall be satisfactory to the Village Board as to form, sufficiency, manner of execution and surety.
B. 
Waiver of required improvements. The Planning Board may waive, for such period as it may determine, the provision of any or all such improvements as, in its judgment, are not necessary in the interests of the public health, safety and general welfare. In the case of each waiver granted, the Planning Board shall enter upon its records the reason or reasons why the particular improvement is not necessary, and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.
C. 
Modification of design and improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Village Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Village Engineer may, upon his own initiative or upon written request of the subdivider, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Village Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
D. 
Inspection of improvements. The Village Board shall cause inspection to be made to assure that all Village specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
(1) 
The applicant may elect to install such improvements in accordance with the approved plat after he notifies the Village Board in writing of his intentions to proceed. Upon receipt of a written request to proceed, the Village Board shall assign an inspector. The applicant shall pay to the Village, prior to the inspection, an amount equal to 4% of the cost of the proposed improvements as estimated by the Village Engineer.
(2) 
If a performance bond is to be given to assure completion of required improvements, the Village Board shall assign an inspector to assure such satisfactory completion. The developer shall pay the Village Board, prior to its approval of the bond, an amount equal to 4% of the amount of the bond to cover the cost of such inspection.
E. 
Utilities required. The Planning Board may accept assurance from each public utility company whose facilities are proposed or are required to be installed, in a letter addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within the time therein specified and satisfactory to the Board.
F. 
Proper installation of improvements. If the Village Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Village Board, Superintendent of Buildings and Planning Board. The Planning Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Village's rights under the bond.
[Amended 6-4-1990 by L.L. No. 2-1990]
A. 
Final approval and filing (§ 7-728 of the Village Law). Upon completion of the requirements in § 107-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board (Chairman or Acting Chairman) and shall be filed by the applicant in the office of the Suffolk County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reason of failure of the Planning Board to act shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension.
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 said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
A. 
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Village of any street, easement or other open space shown on such subdivision plat.
B. 
Ownership and maintenance of recreation areas. When a park or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Village of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Village Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.