A.
The applicant shall submit to the Planning Board 12
copies of the sketch plat and other required materials, along with
the required fee. The Planning Department staff shall conduct a site
inspection upon receipt of an application.
B.
Upon request, the applicant shall meet with the Planning
Department staff to discuss the objectives and applicability of these
regulations inclusive of, but not limited to, the requirements for
street improvements, drainage, sewerage, water supply, fire protection
and other similar aspects as well as the availability of existing
services and other pertinent information.
A sketch plat shall be prepared at a scale of
one inch equals 100 feet and shall include the following:
A.
Existing resources and site analysis plan(s) (ERSAP).
(1)
Purpose. The purpose of the existing resources and
site analysis plan(s) (ERSAP) is to provide the applicant and the
Planning Board with a comprehensive analysis of existing conditions,
both on the proposed development site and within 500 feet of the site.
Conditions beyond the parcel boundaries may be described on the basis
of existing published data available from governmental agencies, and
from aerial photographs.
(2)
Review. The Planning Board shall review the ERSAP
to determine its accuracy and completeness, and may request additional
information necessary to comply with this section.
(3)
Exceptions. The Planning Board reserves the right
to waive one or more of the ERSAP information requirements set forth
herein for conservation subdivisions.
(4)
Preparation. The ERSAP must be prepared by a licensed
New York State licensed surveyor, architect and/or engineer.
(5)
Scale. Unless otherwise specified by the Planning
Board, an ERSAP shall be prepared at the scale of one inch equals
100 feet, with a key explaining information and symbols on the plat.
(6)
The following information shall be included on the
ERSAP:
(a)
All existing structures.
(b)
Topography, the contour lines of which shall
be at five-foot intervals, determined by photogrammetry (although
ten-foot intervals are permissible beyond the parcel boundaries, interpolated
from published U.S. Geological Service USGS maps). Slopes equal to
or greater than 15% shall be clearly indicated.
(c)
Water resources:
[1]
Wetlands pursuant to the Freshwater Wetlands Act, Environmental Conservation Law (ECL) § 24-0101, et seq., the Tidal Wetlands Act, ECL § 25-0101, et seq., and Chapter 275, Wetlands and Shoreline, of the Code of the Town of Southold.
[2]
Sole source aquifers and/or aquifer recharge
areas.
[3]
Municipal water supply watershed areas.
(d)
Flood-prone areas as shown on Federal Emergency Management Agency (FEMA) maps and other information pursuant to Chapter 148 of the Town Code (Flood Damage Prevention).
(e)
Areas legally protected by the County of Suffolk,
the Town of Southold, private trusts, qualified conservation organizations
or other entities or agencies as shown on the Town of Southold Protected
Lands Map, including all abutting parcels.
(f)
Vegetative types described by plant community,
relative age and condition on the property according to:
(g)
Soil series, types and phases, as mapped by
the U.S. Department of Agriculture, Natural Resources Conservation
Service in the Suffolk County Soil Survey, and accompanying data published
for each soil relating to its suitability for agriculture and construction
(and, in unsewered areas, for septic suitability).
(h)
Top of bluff lines identified and delineated together with the coastal erosion hazard area line pursuant to Chapter 111 of the Town Code (Coastal Erosion Hazard Areas).
(i)
Scenic viewsheds and special features:
[1]
Sites bordering designated state, County or
Town scenic byways and corridors special features identified in the
Town's Comprehensive Plan and all subsequent updates.
[2]
A viewshed analysis showing the location and
extent of views into the property from public lands, roads and from
public parks, public forests, and state game lands.
(j)
Locations and dimensions of all existing public
and private streets, roads, buildings, utilities and other man-made
improvements.
(k)
Locations of all archeological and historically
significant sites or structures of national, state or local significance
on the tract or on any abutting tract.
(l)
Locations of trails in current use or of historic
use (pedestrian, equestrian, bicycle, etc.) or those proposed on the
Town of Southold Trail Map.
(m)
All easements and other encumbrances affecting
the parcel filed with the Suffolk County Clerk's Office.
(n)
Agricultural lands.
[1]
Location and delineation of any active agriculture
operation, active farmland within a New York State certified Agricultural
District, lands within 2,000 feet of a New York State certified Agricultural
District, or soils classified and mapped as Suffolk County and State
Prime Farmland Mapping Units, of the New York State Soil Classification
System or areas legally protected by the County of Suffolk, the Town
of Southold, private trusts or other entities or agencies.
[2]
Areas identified in the Southold Town Farm and
Farmland Protection Strategy 2000 and in the most current version
of the Southold Town Farmland Inventory.
(o)
Location of community water and/or sewer; whether
available or planned.
(p)
Critical environmental areas: lands within or
contiguous to a critical environmental area designated pursuant to
Article 8 of the Environmental Conservation Law.
(q)
Significant natural areas and features:
[1]
Areas with endangered and threatened vegetation.
[2]
Significant habitats, or habitats of endangered,
threatened or special concern species as determined by the New York
Department of Environmental Conservation (Natural Heritage Program);
[3]
Mature forests over 100 years old;
[4]
Locally important vegetation;
[5]
Unique natural or geological formations based
on available published information or more detailed data obtained
by the applicant.
(r)
Recreation: lakes, ponds or other significant
recreational areas, or opportunities or sites designated in the Town's
Comprehensive Plan and updates to it.
(s)
If the application applies to real property
within 500 feet of any of the following, the location of:
[1]
The boundary of any city, village or Town;
[2]
The boundary of any existing or proposed county
or state park or other recreation area;
[3]
The right-of-way of any existing or proposed
county or state parkway, thruway, expressway, road or highway;
[4]
The existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines; or
[5]
The existing or proposed boundary of any county
or state owned land on which a public building or institution is situated.
[6]
Existing airport, airbase or airstrip.
B.
Yield plan.
(1)
Purpose. The purpose of the yield plan is to determine
the allowable density.
(2)
Standard subdivision. A yield plan shall be prepared
for a standard subdivision in accordance with the requirements of
this section and shall include a requirement to provide affordable
housing.
(a)
Density. The permitted number of dwelling units
shall not exceed the number of units that, in the Planning Board's
judgment, would be permitted if the land were subdivided into lots
conforming to the minimum lot size and density requirements of this
chapter applicable to the zoning district (or districts) in which
such land is situated and conforming to all other requirements of
the Town Code.
(b)
Total lot yield shall be determined on buildable
lands only. Subdivision design shall exclude the following features,
unless the applicant shall have obtained a permit from all relevant
regulating authorities approving the applicant's right to place residential
structures in the subject areas:
[1]
All underwater lands.
[2]
Tidal wetlands or freshwater wetlands, as defined
in state and local regulations.
[3]
Bluffs, primary dunes and secondary dunes.
[4]
Beaches below mean high water, as defined by
the United States Coast and Geodetic Survey or latest Tidal Wetlands
Survey, and any beach or area lying between this line and the coastal
erosion hazard line.
[5]
Areas required for park dedication pursuant
to this chapter.
[6]
Areas required for recharge basins or for natural
area recharge.
[7]
Areas required for public or private rights-of-way.
[8]
Areas required for utilities or public facilities,
except that minor utility easements of direct service to the subdivision
may be included.
[9]
Areas for which the development rights have
been transferred, sold or extinguished.
[10]
Areas which the Planning Board shall determine
to be of such character that they cannot be used safely for building
purposes without danger to health or peril from fire, flood, drainage
or other menace to neighboring properties or the public health, safety
and welfare.
(c)
Affordable housing requirement. Every new standard
residential subdivision involving the creation of five or more lots
shall comply with the requirements herein to provide affordable housing.
[Amended 8-12-2008 by L.L. No. 9-2008]
[1]
Twenty percent of the lot yield as determined pursuant to § 240-10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDUs), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is 0.50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than 0.50.
[2]
Upon application to the Planning Board, the
requirement to build 20% of the total number of units as MIFDUs in
the subdivision may be waived. This requirement may be waived only
upon the applicant’s choosing any one or combination of the
following options pursuant to a plan that is acceptable to the Planning
Board and furthers the goals for creating a variety of affordable
housing opportunities within the Town:
[a]
The applicant shall pay a sum to the Town of
Southold Housing Fund. The sum shall be based on the number of required
MIFDU lots not constructed in the subdivision. The per-unit sum shall
be set annually by resolution of the Town Board and shall consider
factors such as the average cost of building lots, costs of construction
and median income in the Town of Southold.
[b]
The applicant may build all of the units in
another location within the Town of Southold.
[c]
The applicant may provide property with development
rights equal to the number of the required MIFDU units not constructed
in the subdivision, to the Town of Southold Housing Fund, North Fork
Housing Alliance, Community Land Trust of Southold Town, or other
similar organization approved by the Town Board for the sole purpose
of developing affordable housing on the site. The property must be
acceptable to the recipient as a viable site for affordable housing
development, and proof of same must be provided to the Planning Board
during preliminary plat review.
[d]
If this option is chosen and a waiver of the
requirement to build MIFDUs in the subdivision is approved, the applicant
may build any remaining allowed lots in the subdivision, and they
shall not be required to be MIFDU units.
[3]
Fee waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for sanitary flow credits purchased pursuant to the provisions of Chapter 117.
[4]
Phasing of construction. The applicant shall
provide to the Planning Board a phasing plan that provides for the
timely and integrated development of the affordable housing units
as the subdivision is built out. The phasing plan shall provide for
the development of the MIFDUs concurrently with the market rate units.
Building permits shall be issued for dwelling units within the subdivision
based on the phasing plan. The phasing plan may be adjusted by the
Planning Board when necessary in order to account for different financing
and funding environments, economies of scale, and infrastructure needs
applicable to the development of the market rate and the MIFDUs. The
phasing plan shall also provide that the MIFDUs shall not be the last
units to be developed in the applicable subdivision.
[5]
Exterior appearance. The exterior appearance
of the MIFDUs shall be visually compatible with the market rate units
in the development. External building materials and finishes shall
be substantially the same in type and quality for MIFDUs and market
rate units.
[6]
Appeal. A developer of any project subject to
the requirements of this chapter may appeal to the Town Board for
a reduction, adjustment or waiver of the requirements based upon the
absence of any reasonable relationship or nexus between the impact
of the development and either the amount of fee charged or the inclusionary
requirement.
(d)
Yield must be further determined in consideration
of the ERSAP.
(3)
Conservation subdivision. For all conservation subdivisions,
one of the following formulas shall be used to calculate yield.
(a)
75/75 conservation subdivision.
|
Buildable Lands ÷ Minimum Lot Area of
Zoning District = Yield on Entire Parcel
| |
|---|---|
|
Yield on Entire Parcel x 25% = Yield on Developable
Area
| |
|
Total Buildable Lands x Percentage of Buildable
Lands not permanently preserved (up to 25%) = Developable Area
|
(b)
80/60 conservation subdivision.
|
Buildable Lands ÷ Minimum Lot Area of
Zoning District = Yield on Entire Parcel
| |
|---|---|
|
Yield on Entire Parcel x 40% = Yield on Developable
Area
| |
|
Total Buildable Lands x Percentage of Buildable
Lands not permanently preserved (up to 20%) = Developable Area
|
C.
Primary and secondary conservation area plan. All
subdivisions shall be created in accordance with the primary and secondary
conservation area design process described in this section. All sketch
plans shall include the documentation set forth below.
(1)
Primary and secondary conservation areas as defined in § 240-3 shall be identified using existing resources and site analysis plan(s) (ERSAP) as a base map.
(2)
Location of house sites. Using the information from Subsection C(1) above, the yield as determined pursuant to this chapter, the base map and the ERSAP, potential house sites shall be located. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.
(3)
Alignment of streets and trails.
(a)
A street plan shall be designed to provide access
to each house, complying with the standards identified herein and
bearing a logical relationship to topographic conditions. Impacts
on proposed open space shall be minimized, particularly with respect
to crossing environmentally sensitive areas such as wetlands and traversing
slopes equal to or exceeding 15%. Existing and future street connections
may be required in order to eliminate the number of new culs-de-sac
to be maintained by the Town and to facilitate access to and from
homes in different parts of the tract and adjoining parcels.
(b)
The potential location of recreational and off-road
walking trails shall also be noted.
(4)
Location of lots. Bubble lines shall denote the proposed
locations.
D.
Cluster design. The design of a cluster subdivision plat shall be pursuant to the requirements of Article XI, Cluster Development, herein, if applicable.
E.
Site context map. A map showing the location of the
proposed subdivision within its neighborhood context shall be submitted.
For all sites, such maps shall be at a scale of one inch equals 100
feet, and shall show the relationship of the subject property to natural
and man-made features existing within 500 feet of the site. The features
that shall be shown on site context maps include topography (from
USGS maps), state and/or federal wetlands, woodlands over one-half
acre in area (from aerial photographs), public roads and trails, utility
easements and rights-of-way, public land, and protected lands.
F.
Field survey. A field survey of the boundary lines of the parcel with descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineering Office, and shall be referenced and shown on the sketch plat pursuant to § 240-10I.
G.
Proposed name of the subdivision. The proposed name
shall not duplicate any plat previously filed.
H.
Ownership and licensed professional information.
(1)
Name and address of legal owner of the property.
(2)
Name and address, including telephone number of the
design professional, architect or engineer responsible for subdivision
design, and the design of public improvements.
(3)
Name and address, including telephone number of the
surveyor responsible for mapping and laying out the site.
I.
Description.
(1)
North arrow showing true north.
(2)
Tax map section, block and lot numbers.
(3)
Distance to the nearest existing, or platted streets,
street intersections, or other public ways within or immediately adjacent
to the tract.
(4)
All utilities available and/or proposed, including
easements therefor, and all streets which are either existing, proposed,
or shown on the Official Map, if any.
(5)
Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or the Chapter 280 requirements applicable to the subdivision.
(6)
Name of any subdivisions immediately adjacent to the
parcel and the name of the owners of record of all adjacent property.
J.
Existing easements, covenants and/or restrictions:
Liber and page number and text(s) for all existing easements and a
copy of the proposed restrictions on the use of the land, including
easements and/or covenants.
K.
Existing improvements.
(1)
Location of any existing drainage systems, sewer lines,
septic systems, water mains and lines, wells, culverts and drains
on the property, with pipe sizes, grades and direction of flow.
(2)
Width and location of any streets or public ways or
places shown on the Official Map or Master Plan, and any updates to
it, if such exist, within the proposed subdivision, and the width,
location, grades and street profiles of all proposed streets or public
ways.
(3)
Location and size of any existing fire control structures,
fire hydrants and wells.
L.
Calculations. The area of the parcel to be set aside
for cluster and/or preservation purposes and the area to be developed
shall be calculated and set forth in a table format.
The Planning Board shall study the practicability
of the sketch plat, considering the requirements of this chapter,
including identified primary and secondary conservation areas. 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, stormwater drainage, erosion and sediment control,
lot sizes and arrangement, the future development of adjoining lands
not yet subdivided, current zoning regulations, and the comprehensive
plan.
[Amended 5-8-1973]
A.
Prior to granting sketch plat approval, the Planning
Board may seek comment from any Town Board appointed Committee or
outside agency, including the Suffolk County Planning Commission,
on any active application. Committee input must be received by the
Planning Board no more than 30 days from the date of receipt by the
reviewing Committee, except in the case of input from the Suffolk
County Planning Commission, which may be received no more than 45
days from the day of receipt by the reviewing committee.
B.
Referrals to the Suffolk County Planning Commission
shall be done in accordance with Article 12-B of the General Municipal
Law, and the agreement between Suffolk County and the Town of Southold,
on the form entitled "County Zoning Referral."
A.
The Planning Board shall take action on the sketch
plat application at a scheduled meeting of the Planning Board. The
applicant and the public in attendance shall have the opportunity
to be heard.
B.
A public hearing pursuant to Chapter 55, Notice of Public Hearings, of this Code shall be held for sketch plat approval of an open development area subdivision.
C.
The Planning Board shall determine the following:
(1)
Whether the submission complies with applicable standards,
policies, regulations and laws;
(2)
Whether there are any recommendations by the Board
which should be incorporated into a preliminary plat application (standard
subdivision); or either a final plat application or an open development
area application (conservation subdivision);
(3)
Any other relevant comment relating to the proposed
subdivision.
D.
The Planning Board shall, by resolution, approve or
conditionally approve, with or without modifications, or disapprove
the proposed sketch plat.
E.
Nothing shall preclude or bind the Planning Board
from issuing or changing its recommendations if new information or
a change in circumstances arises at or prior to the next formal application
stage. No further Planning Board action will be taken after such expiration
until a new sketch plan application has been submitted.
The determination by the Planning Board shall
be valid for a period of six months from the date of issuance, unless
extended by resolution of the Planning Board.
