[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 4-22-2013 by L.L. No. 3-2013. Amendments note where applicable.]
The purpose of these regulations is for the Board of Trustees to require every owner of real property in the Village who subdivides real property to seek and obtain the approval of the Planning Board for that subdivision and to file the map and record of the subdivision in the office of the County Clerk of Suffolk County. The regulations are intended to provide for the orderly growth and development of the Village and to assure the preservation of the environmental aesthetics and assets of the Village and the comfort, convenience, safety and health and welfare of the residents and property owners of the Village and their families and guests.
The Board of Trustees adopts these regulations pursuant to Article 7 of the New York State Village Law. The Planning Board of the Village of Greenport shall act with respect to the subdivision of real property and any other matter involving subdivision as set forth in Article 7 of the New York State Village Law. Subdivision of real property, for purposes of these regulations, shall include lot line changes.
A person intending to subdivide real property shall file with the Village Clerk 10 copies of a sketch plan at least 24 days prior to the next monthly public meeting of the Planning Board. A sketch plan is required in order to save time and expense in reaching a general agreement as to the form, layout and objectives of these regulations with respect to subdivisions. The sketch plan shall be based on Tax Map information or land survey and other available data, at a scale of not less than 200 feet to the inch, to enable the entire tract to be shown on one sheet. The sketch plan shall show:
The location of the sections to be subdivided and the distance to the nearest street intersection.
All existing structures and other significant physical features, including contours at not more than ten-foot intervals in the subdivision.
The name of the landowner and applicant, and of any contiguous property held by the landowner seeking subdivision, and the names of all adjoining property owners.
The Tax Map sheet, block and lot numbers, if available, or a signed survey.
All utilities available and all streets that are either proposed, mapped or built.
The proposed lots, including typical lot width and depth, street layout, recreation areas, methods of drainage, sewerage and water, electric and communications supply within the subdivided area.
All existing restrictions on the use of land, including easements, covenants or zoning district lines and zoning districts.
The sketch plan shall be considered by the Planning Board at a public meeting which shall be within 60 days of the receipt of a complete sketch plan by the Village Clerk. The Village Clerk shall publish a public notice of the meeting at least 10 days prior to the date of the meeting, and the applicant shall send a copy of the public notice to the owners of the properties that are adjacent to the tract that is to be subdivided by certified mail, return receipt requested. The applicant shall also post a poster board public notice of the application on the property as also provided in § 118-8 of this chapter. The Planning Board shall consider the sketch plan at the public meeting and shall provide the applicant with comments regarding the sketch plan, which shall be incorporated in the preliminary plat for the subdivision.
The applicant shall submit 10 copies of the preliminary plat to the Village Clerk. The plat shall be clearly marked "Preliminary Plat" and shall reflect all applicable requirements in accordance with these regulations and the Village Zoning Code. The submission of a preliminary plat shall consist of:
The preliminary plat application and materials must be submitted not less than 15 days prior to the date of the next public Planning Board meeting.
The preliminary plat shall be prepared by an engineer or a licensed land surveyor as follows:
The sheet size must be either 18 inches by 20 inches or 36 inches by 20 inches, drawing stamped and/or certified by a licensed architect, engineer or surveyor, with scaled dimensions and careful lettering, using uppercase letters at a minimum height of 1/8 inch, and the scale of the drawing shall be not more than 100 feet to the inch and shall be a common engineering scale and contain a title block with the name of the proposed subdivision, name of the applicant, name and address of the surveyor, total acres, number of proposed lots, zoning districts, and indicate the term "preliminary plat."
The plat must show the date of the original preparation and of each subsequent revision, and certification that the topography shown resulted from an actual survey.
Key maps at scales of 600 and 1,000 feet to the inch indicating proposed and surrounding streets, and any municipal boundary, park, public property within 500 feet of the premises.
Approximate boundaries and owners of adjacent properties.
Zoning district boundary lines, if any.
Topographic contours at two-foot intervals and mean elevation of property.
Existing site conditions, including streets, rights-of-way, all drainage structures, utility structures, wetlands, land subject to flooding, designated flood zones, dunes, mean high water, test hole data, proposed site conditions and streets, drainage plans, and lot layouts, including lot lines and dimensions to the nearest foot, approximate area of each lot in square feet, easements and restricted areas, identification of lots and parcels to be offered for dedication.
In the review of an application for subdivision approval, the Planning Board shall consider the impact of the subdivision on public health, safety and welfare, the impact on the neighbors, community and adjacent properties, traffic, views, and other environmental considerations, the preservation of the aesthetic assets of the Village, and the impact on utilities, and emergency and other services that are provided by the Village. The Planning Board may disapprove an application based on a determination that the subdivision will likely result in a significant negative impact on public health, safety or wellbeing, or one of the other criteria, or the Planning Board may impose reasonable conditions to limit that impact, if possible.
The Planning Board, at a public meeting, shall set the public hearing date on the preliminary plat. The Village Clerk shall cause to be published a public notice of the public hearing not less than 10 days prior to the hearing. The applicant shall mail a copy of the public notice to each adjoining property owner as indicated on the last available tax roll by certified mail, return receipt requested, not less than 10 days prior to the date of the public hearing and shall provide proof of that mailing at the commencement of the public hearing. The applicant shall also, not less than 10 days prior the public hearing, post a poster board public notice of the application which shall be posted in a conspicuous place on the subject property. The Planning Board shall approve, disapprove or approve with modifications the preliminary plat within 62 days after the close of the public hearing, unless the time period is extended by mutual consent by the applicant and the Planning Board or unless such time period is extended by applicable law. An approval of a preliminary plat shall automatically expire unless a proper application for the approval of a final plat has been submitted to the Planning Board within six months of the approval of the preliminary plat. The Planning Board may extend the six-month period for one additional six-month period on the written request of the applicant, provided the request was filed with the Village Clerk prior to the expiration of the six-month period.
A final plat and supporting material for a subdivision shall be submitted to the Planning Board and shall consist of an application for final plat approval, the final plat signed and approved by the Suffolk County Department of Health, at least five paper prints, the final drainage and walkway plan, offers of dedication of all properties, walkways, rights-of-way, easements, drainage easements or structures, to be conveyed to the Village. In the event that a walkway is to be constructed and dedicated, the applicant shall post a performance bond in an amount to be determined by the Village. If the subdivision requires referral to the Suffolk County Planning Commission, then the notice of the referral and approval shall be provided.
If the Planning Board deems the final plat to be in substantial agreement with the approved preliminary plat, the Planning Board shall conditionally approve, with or without modifications, or deny such final plat within 62 days after the receipt of the final plat. This time may be extended by agreement of the applicant and the Planning Board. If the Planning Board deems the final plat to not be in substantial agreement with the approved preliminary plat, the Planning Board shall conduct a public hearing on the final plat within 62 days of the receipt of the final plat, and shall thereafter either approve with modification or disapprove the final plat within 62 days of the public hearing. If the final plat is conditionally approved, the applicant shall carry out the following steps prior to obtaining the signature of the Planning Board Chairperson or Mayor, constituting final approval of the final plat:
Make all required corrections or modifications to the satisfaction of the Planning Board.
Deliver to the Planning Board a deed suitable for recording, together with a certificate of title and release of mortgage, for the required parkland dedication or pay the fee in lieu thereof.
Submit two opaque cloth copies for signature and one tracing cloth mylar copy.
Submit a performance bond, if required.
The Planning Board approval of the final plat shall not be deemed to be an acceptance by the Village of any walkway or other land to be offered for decision to public use. The signature of the Planning Board Chairperson or Mayor shall expire 62 days after the date of the signature unless the final plat shall have been filed in the office of the Suffolk County Clerk or the date for such filing has been extended by the Planning Board. Expiration shall require payment of a new subdivision fee and a new public hearing.
Village Law § 7-725 provides for the dedication of parkland or payment of a fee in lieu thereof. The Planning Board shall have the authority to impose the requirements of that section, and that requirement shall be applied by the Planning Board as the Planning Board, in its sole discretion, deems appropriate and in the best interests of the Village.
A lot line change, that is the change of the location of a boundary between two existing lots, the final result of which will not cause the creation of a new lot. An application for a lot line change shall not require a sketch plan, and may be made initially as the submission of a preliminary plat. On a letter application to the Planning Board, the Planning Board may consider the preliminary plat a final plat to expedite the approval process.
The applicant shall be responsible for all professional engineering, consulting and other fees that are incurred by the Planning Board as a result of the applicant's application. The Planning Board may require a deposit to be paid by the applicant at the time of the filing of the application to create a fund from which the fees for which the applicant is responsible will be paid by the Planning Board.
The Planning Board shall from time to time determine the applications and fees to be used in the subdivision process.
[Amended 4-26-2018 by L.L. No. 2-2018]
Owners of lots or an owner of lots in the Village of Greenport shall be prohibited from combining or merging two or more of those lots, except that where a nonconforming lot is adjacent to a conforming lot and the nonconforming lot and conforming lot have the same owner, the owner may merge the nonconforming lot with the conforming lot with the prior approval of the Zoning Board of Appeals of the Village of Greenport. The criteria to be used by the Zoning Board of Appeals in the consideration of the application for approval of a merger shall be the same criteria as for an area variance and such other criteria as the Zoning Board of Appeals may determine to be relevant.
In the event that one or more sections of this chapter should be determined to be void or unenforceable, the remaining sections of this chapter shall remain in full force and effect.