[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:
A.
The location of the sections to be subdivided and the distance to
the nearest street intersection.
B.
All existing structures and other significant physical features,
including contours at not more than ten-foot intervals in the subdivision.
C.
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.
D.
The Tax Map sheet, block and lot numbers, if available, or a signed
survey.
E.
All utilities available and all streets that are either proposed,
mapped or built.
F.
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.
G.
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.
A.
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:
B.
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:
A.
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."
B.
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.
C.
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.
D.
Approximate boundaries and owners of adjacent properties.
E.
Zoning district boundary lines, if any.
F.
Topographic contours at two-foot intervals and mean elevation of
property.
G.
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.
A.
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:
(1)
Make all required corrections or modifications to the satisfaction
of the Planning Board.
(2)
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.
(3)
Submit two opaque cloth copies for signature and one tracing cloth
mylar copy.
(4)
Submit a performance bond, if required.
B.
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.
