[1]
Editor's Note: The title of this article was
amended 7-10-1973 by Ord. No. 73-ZC-45.
[Amended 2-10-2015 by L.L. No. 16-2015]
Simultaneously with the approval of any plat upon which the
Planning Board is empowered to act pursuant to § 276 of
the Town Law, such Board may make any reasonable modification of the
zoning regulations applicable to the land so platted as authorized
by § 278 of the Town Law and as specified in this article.
Any such modification of the zoning regulations shall be made to provide
an alternative permitted method for the layout, configuration and
design of lots, buildings and structures, roads, utility lines and
other infrastructure, parks and landscaping in order to preserve the
natural and scenic qualities of open space including historic landmarks
and sites. Unless otherwise specified in this article, any modification
of the zoning regulations made by the Planning Board in connection
with plat approval shall be limited to size of lot, minimum yard dimensions,
location of buildings, location and extent of parking and loading
areas and provision of public recreation areas, including parks and
playgrounds, or public school sites.
When a site development plan or plat of a tract
of land fifty (50) acres or more in area is submitted to the Planning
Board and such tract is located in an I-1 or I-2 Light Industry District,
the Board simultaneously with the approval of the plat may establish
special design criteria for lot area and yards as necessary to encourage
sound industrial development patterns and good land use practice.
Such special design criteria shall be limited as follows:
(A)
The minimum site area for a principal building may
be reduced by not more than one-third (1/3) for not more than one-third
(1/3) of the total building sites within the project, but the average
site area of all building sites therein shall not be less than six
(6) acres for I-1 Districts nor less than three (3) acres for I-2
Districts.
(B)
No building site reduced in area as provided in Subsection A hereof shall have principal frontage on a major street.
[Amended 3-13-1979 by L.L. No. 10-1979]
(C)
Minimum lot width for lots reduced in area may be
reduced to not less than three hundred (300) feet in I-1 Districts
and not less than two hundred (200) feet in I-2 Districts.
(D)
Minimum front yard depth for lots reduced in area
may be reduced to not less than sixty (60) feet.
(E)
Minimum street frontage for lots reduced in area may
be reduced to not less than one hundred fifty (150) feet.
(F)
No special design criteria shall be applied to lots
or building sites adjacent to residence district boundaries.
[Amended 7-10-1973 by Ord. No. 73-ZC-45; 3-13-1979 by L.L. No. 10-1979; 6-7-2005 by L.L. No. 24-2005; 11-7-2007 by L.L. No. 37-2007; 6-11-2008 by L.L. No.
17-2008; 3-9-2010 by L.L. No. 4-2010; 2-10-2015 by L.L. No. 16-2015]
(A)
Authority of the Planning Board.
(1)
Site plan approval. Site plan review and approval
involving any physical alteration of the land is required by the Planning
Board for:
(a)
All development in commercial and industrial
zones except for single-family and two-family residences; and
(b)
All non-residential development in residential
zones, including but not limited to non-conforming uses, religious,
civic and philanthropic uses; and
(c)
All development in R-3M, R-HS, R-OSC and R-RM
zoning districts; and
(d)
All multi-family housing developments regardless
of zone.
(2)
In all other cases, including construction of
or additions to residentially-utilized properties, site plan approval
shall be required from the Department of Engineering Services (Building
and Housing Division).
(3)
Site plan review by the Planning Board is not required for interior alterations with no change in parking, loading areas, or outdoor storage or display, for development in downtown business districts where no parking will be provided on site, or in other instances listed in Chapter A202.
(4)
Amended site plan approval. Revisions to an
approved plan which are not identified as minor by the Director of
Planning and Environment and/or the Planning Board shall be submitted
to the Planning Board for review and approval.
(B)
Public hearing. Except for cluster developments and as otherwise
required by this Chapter, no public hearing shall be required for
a site plan review. However, the Planning Board has the option of
holding as many public hearings as it deems necessary or advisable
during the site plan review process. The first public hearing shall
be held within sixty-two (62) days of the date a complete application
is filed, unless adjourned by mutual consent of the applicant and
Planning Board. Notice of the public hearing(s) shall be published
in the official newspaper(s) of the Town no later than five (5) days
prior to the hearing date.
(C)
The Planning Board may require changes to a site plan
to improve its appearance, functionality, and conformance with the
Comprehensive Plan based upon the following planning and design principles:
(1)
Curb cuts and parking lots should be designed
to provide optimal traffic flow and connections between neighboring
properties should be provided where practical.
(2)
Properties should be made accessible to mass
transit users, pedestrians, bicyclists, and the handicapped. Handicapped
parking spaces should be the closest parking spaces to the building
entrance(s). Amenities for alternative transportation modes should
be provided where appropriate.
(3)
Dumpsters, HVAC and utility equipment, and emergency
generators should be screened from the street and residential property,
by landscaping where possible. Dumpsters should be surrounded by masonry
enclosures. HVAC equipment and generators should utilize walls to
reduce noise transmission toward residential uses.
(4)
Architectural design should respect the local
community context in terms of building and parking location, massing,
scale, materials, color, and style. Projects will have to match design
standards established for particular neighborhoods, if any. Unusual
or distinguishing features of existing buildings should be preserved.
Historic landmarks are subject to architectural review and approval
by the Town Board.
(D)
No building permit shall be issued until the plans have been approved. In approving such plans, the appropriate determinations set forth in Article XI of this chapter shall be considered. The decision of the Planning Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant.
[Added 2-10-2015 by L.L.
No. 16-2015]
(A)
Lots shall be merged by operation of law when a nonconforming
parcel of land created before January 1, 1980 and an adjacent parcel
are under common ownership; or, when any parcel of land is used, in
whole or in part, for the benefit of an adjacent parcel having common
ownership.
(B)
Effect of merger. The merger or consolidation of two or more
formerly separate, adjacent parcels under common ownership shall form
one larger parcel for all purposes, and may only be subdivided by
approval of the Planning Board, whether or not the lot lines of the
proposed subdivision follow along the lot lines of the former smaller
parcels.
(C)
Exemption. The following shall be exempt from the merger provisions
of this chapter:
[Amended 3-5-2019 by L.L.
No. 12-2019]
(1)
A nonconforming lot created before January 1, 1980 which has been
granted an area variance from the Zoning Board of Appeals before May
5, 1998.
(2)
Commercial lots having common ownership, except that commercial lots in common ownership continue to be subject to the merger clause pursuant to § 198-116.1(A) where the adjacent lot contains only storage, parking or other similar use accessory to the lot on which the principal commercial enterprise is conducted.
(D)
Requirements. Merged lots must conform to the height, area and
bulk regulations of this chapter. Merged lots that are the subject
of an application before a town department or Board shall be required
to combine tax map lots into a single tax map lot as a condition of
approval of the application unless the lots are being altered by a
subdivision.
(E)
Prohibitions. No building permit may be issued or site plan
approved for any parcel that is, by itself, a constituent of a lot
that has resulted from a merger of two (2) or more lots. Upon meeting
all of the requirements of the Town, and any agency having jurisdiction,
the resulting merged lot can qualify for a building permit.
[Added 10-20-2020 by L.L
No. 39-2020]
(A)
The Planning Board shall have the power to grant any special
use permit where the provisions of this chapter reserve such grant
to the Planning Board.
(B)
Before granting any such special use permit, the Planning Board shall make such findings as are set forth in § 198-66 of this chapter, and the issuance of such permit shall be subject to the special requirements and conditions specified for the use and to the district regulations or other regulations of this chapter. In the case of any conflict between special requirements and other regulations, the regulations which impose the more restrictive standards shall apply to any special use permit.
(C)
A special use permit may be issued for a specified period of
time or may be issued subject to periodic renewal, and such renewal
or extension shall be subject to the procedures specified for the
original permit unless otherwise specified in this chapter. The record
relating to the issuance of a special use permit shall specify the
conditions and requirements under which such permit was issued, and
in cases where the Planning Board shall deny a special use permit,
the reasons for such denial shall be set forth.
(D)
In any case where the Planning Board is empowered to issue a
special use permit, the Planning Board may impose such conditions
or restrictions as are deemed necessary in the specific case in order
to:
(E)
Any such conditions or restrictions shall become a part of any building permit or certificate of occupancy thereafter issued for the premises involved, and failure to comply with such conditions and restrictions shall constitute a violation of this chapter. Any such failure to comply may thereafter constitute grounds for denial or revocation of the building-permit or certificate of occupancy or for any other appropriate remedies. Such failure to comply shall be a violation subject to prosecution under § 198-125 of this chapter and, upon conviction, to the imposition of the fine and penalty as set forth in said section.
(F)
Special conditions or limitations may include any of the following:
(1)
Location of principal and accessory buildings.
(2)
Limitation of signs or advertising devices, including number,
size, location, type and illumination.
(3)
Limitation of amount, location, intensity and direction of exterior illumination including the imposition of stricter standards than those provided in Chapter 143.
(4)
Amount, location and improvement of off-street parking and loading
space.
(5)
Type, location and design of drainage and drainage structures.
(6)
Control of access and circulation within the premises.
(7)
Grading and the location and type of retaining walls or structures.
(8)
Landscaping, screening, fencing and walls, including the location
and type of planting and fencing required for screening purposes.
(9)
Hours of operation.
(10)
Structural changes, including the installation of storefronts.
(11)
Control or elimination of smoke, dust, gas, noise, vibration,
odor and lighting.
(12)
Sound amplification devices.
(13)
Other conditions found by the Planning Board to be necessary.
(G)
Rules as to procedure; hearings; notice.
(1)
The Chairperson, in consultation with the Planning Board, shall
make rules as to applications for special use permits.
(2)
Upon the filing with the Planning Board of an application for
a special use and upon payment of required fees, the time and place
of the public hearing shall be provided as follows:
(3)
Notice of hearing shall state the location of the premises, the name of the owner and applicant and the general nature of the application. Any aspect of a special use permit application not duly noticed as stated in § 198-116.2(G)(2) and included in the mailing as in § 198-116.2(G)(5) shall be cause for the cancellation of a scheduled public hearing, and the applicant must then request a new date for said hearing and renotify and remail notice at the applicant's expense, as was required for the original hearing,
(4)
Cost and expense of providing the above notice shall be borne
by the applicant.
(5)
Mailing of notices; rescheduling of public hearing.
(a)
The applicant shall mail notices, postmarked no
less than thirty (30) days nor more than thirty-five (35) days before
the hearing, to the owners as well as the occupants of all adjoining
properties within five hundred (500) feet of the exterior limits of
the applicant's total property holding, as shown on the current tax
roll; with the exception of applications in the R-15, R-10, R-7 and
R-5 Zoning Districts, where notification to adjoining property owners
and occupants shall be to those within two hundred (200) feet of the
exterior limits of the applicant's total property holding, as shown
on the current tax toll. In addition, the applicant shall provide
a certificate of mailing for each recipient, which legibly indicates
the name and address of the person, including the occupant, to which
the notice was mailed, and is duly certified by the post office. The
applicant shall also file an affidavit of mailing, together with the
duly certified certificates of mailing, to the Planning Department
no less than five (5) working days before the hearing. Said affidavit
shall include the name of the person that actually mailed the notices
and the names and addresses of the property owners and the addresses
of the occupants that were notified. Failure to mail the notices and/or
provide the affidavit and/or the certificates of mailing to the Planning
Department may result in postponement of the public hearing.
(b)
If a particular public hearing is rescheduled for
any reason, then the new public hearing date shall provide enough
time to be advertised and a new mailing to neighbors shall be sent
announcing said hearing. Re-advertising and re-mailing notices shall
indicate that this is a hearing that was rescheduled from a specific
date. If the applicant causes a postponement, for any reason, then
he/she shall be responsible for the cost of readvertising and re-mailing
the notices as described above. If the Planning Board postpones a
particular public hearing scheduled for a Planning Board meeting that
does hold other public hearings on that date, then the cost for advertising
and mailing shall be borne by the Planning Board.
(c)
In the event a Planning Board meeting is cancelled,
then all of the public hearings scheduled for that Planning Board
meeting will be re-scheduled for the next scheduled Planning Board
meeting date, unless an applicant or applicant's representative makes
a request for an adjournment of the new date. The new date of the
public hearing will be posted on the Town of Huntington's official
website and at Town Hall on the official bulletin board located in
the Town Clerk's Office and no re-advertising will be required. However,
in the event that an applicant or applicant's representative makes
a request for an adjournment of the new date, then advertising will
be required and the costs borne by the Town.
(6)
As well as the notification provision in § 198-116.2(G), the applicant or his/her authorized agent shall also post a sign on each frontage of the subject property giving notice that an application is pending before the Planning Board and the nature of that application as well as the date, time and place at which the public hearing will take place.
(a)
The sign(s) shall be twenty (20) inches by thirty
(30) inches and shall be supplied to the applicant by the Town Planning
Department for a fee. Said sign shall be located at the center of
the frontage of the property, not more than ten (10) feet back from
the property line. It shall be nailed to a tree, pole or post not
less than two (2) feet nor more than six feet above grade and it must
be clearly visible from the street. On or before the date and time
of the public hearing the applicant or his/her agent shall certify,
in writing, in a notarized affidavit to the Planning Board, that he/she
has erected the sign as described herein. At the discretion of the
Planning Board, failure to erect the sign or submit the affidavit
may mean cancellation of the hearing.
(b)
Such sign or signs shall be displayed for a period
of not less than five (5) days immediately preceding the public hearing
and shall be removed by the applicant or his/her agent within three
(3) days after the hearing has taken place.
(7)
The Department of Public Safety and the Office of the Town Attorney
are hereby directed to inform the Planning Board, in writing, of the
nature and extent of any code enforcement proceedings pending against
any persons, entities or properties which have made application to
the Planning Board for a special use permit. The Planning Board shall
provide said Departments with sufficient information of pending applications
that allows the Departments of Public Safety and Town Attorney to
search its records. The Planning Board shall take the existence of
stayed code enforcement proceedings into consideration when determining
whether and/or to what extent requests for adjournment should be granted.
(H)
Expiration of special use permit.
(1)
After the Planning Board has approved the issuance of a special
use permit, such approval shall expire at the end of one (1) year
unless a building permit shall have been issued. However, in the event
the Planning Board finds good cause for the delay, then the Planning
Board may grant a six (6) month extension of time. At the end of this
six (6) month extension of time, a building permit shall have been
issued. The Planning Board may grant such six (6) months' extension
only upon a finding that conditions and circumstances have not changed,
and no hearing shall be required as a basis for making such determination.
An application for a six (6) month extension of a Planning Board approval
must be made before the expiration of the original approval.
(2)
In the event a building permit has still not been issued at the expiration of the six (6) month extension, a compelling reason for the delay must be demonstrated to the Planning Board in order for it to consider granting any further extension. An application for an additional extension of a Planning Board extension grant must demonstrate a compelling reason and be made before the expiration of the extension granted pursuant to § 198-116.2(H)(1) set forth above. Absent a finding by the Planning Board demonstrating compelling reasons for the delay, should a building permit not be issued at the end of the six (6) month extension, any further consideration by the Planning Board of a particular special use permit shall require a new application and commensurate public hearing.
(3)
Should the grant expire, a de novo review is required with a
new application and a public hearing before action by the Planning
Board can occur. These time frames shall be tolled for the duration
of a lawsuit challenging the Planning Board's issuance of a special
use permit where the lawsuit was not commenced by the party who applied
for the special use permit at issue and, where applicable, for the
duration of an application before the Zoning Board of Appeals or the
Town Board where said application is contingent upon the Planning
Board approval, including the duration of any lawsuit challenging
the determination of the Town Board or Zoning Board of Appeals where
the applicant did not commence such lawsuit.
[Amended 4-18-2000 by L.L. No. 9-2000; 5-7-2002 by L.L. No. 13-2002]
(A)
The Planning Board shall consist of seven (7) members
who shall be appointed by the Town Board for a term of seven (7) years
to be staggered pursuant to § 271 of the Town Law. The Town
Board shall designate a chairperson and Vice-Chairperson thereof for
an annual term. No member of the Planning Board shall be for more
than two (2) full terms of office. Term limits shall apply to appointments
made after the effective date of this section. It is the intention
of the Huntington Town Board to expressly supersede and/or expand
on the provisions of § 271(1)and § 271(5) of the
Town Law as they relate to the appointment of a Vice-Chairperson and
the establishment of term limits by virtue of the powers conferred
upon it in § 10(1)(d)(3) of the Municipal Home Rule Law.
In addition to the powers conferred upon him by the Town Law and General
Municipal Law, the Chairperson shall call the meetings to order; establish
the procedural rules of conducting the meetings and hearings; conduct
the hearings; schedule meetings; and call for a vote on applications.
In the absence or inability of a Chairperson to fulfill such duties,
the Vice-Chairperson shall serve in the place of the Chairperson.
[Amended 1-29-2019 by L.L. No. 6-2019]
(B)
Attendance requirements. All members of the Planning Board shall
regularly attend all meetings as scheduled. A board member who expects
to be absent from a regular or special meeting shall notify the Chairman
of the Board of the reason for such absence in advance of the scheduled
meeting. The failure of any member to attend eighty-five (85%) percent
of the scheduled and held meetings in a calendar year shall be cause
for his or her removal by the Town Board, after a hearing, for noncompliance
with the attendance requirements. Nothing herein shall limit or restrict
the Town Board's authority to remove a member for reasons other than
the member's attendance record.
[Added 12-18-2018 by L.L.
No. 47-2018[1]]
(1)
Pre-action notice. The Director of Planning and Environment
shall notify a planning board member, in writing, when his or her
absences have reached the threshold set by the Town Board, and the
Director shall notify the Town Board and Town Attorney in writing
once a member has exceeded the number of allowable absences.
[Amended 7-13-2021 by L.L. No. 35-2021]
(2)
Hearing. Upon review and recommendation of the Town Attorney,
who shall consider whether such absences are excusable or occurred
for good cause shown, a hearing to determine whether to remove the
member may be held by the Town Board or a duly appointed Administrative
Hearing Officer, at the option of the Town, it being the intention
of the Town Board to provide for due process that is delivered in
a fair and expeditious manner. For this reason, the Town Board is
exercising its authority pursuant to § 64(23) of the Town
Law, § 10(1)(ii)(a)(1) and § 10(1)(ii)(d)(3),
§ 10(3)(b) and (4)(b) of the Municipal Home Rule Law and
other applicable and successor law or rule, to expand on and/or supersede
the provisions of Town Law § 271(9) and other applicable
laws.
(3)
Notice. Notice of the date, time and place of the hearing and
subject matter thereof shall be served upon the member by registered
or certified mail, return receipt requested, and by regular mail,
and addressed to the member's last known address at least fifteen
(15) days before the hearing.
(4)
Conduct of hearing. During the hearing, the Town Board or Administrative
Hearing Officer may hear testimony and receive evidence from the Town
Attorney, Chairman of the Planning Board, and any other person in
support or in opposition to such removal. The member shall be entitled
to be represented by legal counsel and provided with an opportunity
to be heard. He may present the testimony of witnesses and other evidence
in his own behalf as he deems necessary and relevant to the subject
matter of the hearing. No hearing shall be adjourned except for good
cause shown. All hearings shall be recorded.
(5)
Administrative Hearing Officer. If the matter is referred to
a Hearing Officer, he or she shall consider the testimony and may
accept or reject, in whole or in part, the evidence presented. The
Hearing Officer shall have thirty (30) days to submit his written
findings and recommendations, including the action to be taken, to
the Town Board for ultimate determination. The Hearing Officer's findings
and determination shall be mailed to the planning board member, or
his attorney, if applicable, by both regular mail and by registered
or certified mail, return receipt requested, no later than seven (7)
days of the date of the Hearing Officer's report. The member shall
have at least seven (7) days from receipt of the report to file his
written objections to the Hearing Officer's report in the office of
the Town Clerk.
(6)
Town Board Action. If the matter is retained by the Town Board,
notice of the public hearing shall be published by the Town Clerk
at least ten (10) days before the hearing, and shall be given to the
member in the manner set forth in section (3). The hearing shall be
conducted as set forth in section (4). The Town Board shall render
its findings and determination no later than the next regularly scheduled
Town Board meeting following the public hearing, if one is held. If
the matter had been referred to a Hearing Officer, the Board shall
consider the Hearing Officer's Report and any objections submitted
by the member, and may accept or reject, in whole or in part, the
evidence presented.
(7)
Determination of the Board. A copy of the resolution containing
the Town Board's findings and determination shall be filed with the
Town Clerk and mailed to the member named in the original notice,
or his attorney(s), if known, by regular mail and by registered or
certified mail, return receipt requested. The determination of the
Town Board shall be final and judicial review of such determination
may be sought pursuant to Article 78 of the CPLR.
(8)
Failure to appear. If there has been no appearance before the
Administrative Hearing Officer by the member or his attorney, or before
the Town Board if the matter has been retained, the Town Board may
hold the member in default and make a determination on the issue in
the same manner as if the member were present at the hearing.
[1]
Editor's Note: This local law also redesignated former Subsections
(B) through (F) as Subsections (C) through (G), respectively.
(C)
The Planning Board may recommend to the Town Board
rules and regulations relating to any matter over which the Planning
Board has jurisdiction under this Chapter, local law, ordinance or
statute. Adoption of such recommendations by the Town Board shall
be by local law or ordinance.
(D)
The Planning Board may provide for the issuance of
a building permit for a building in a planned industrial park prior
to the approval of a final plat where:
(E)
The Planning Board shall not grant or deny any application
until it has been classified according to the State Environmental
Quality Review Act (SEQRA) and, in the case of unlisted or Type I
actions, until the SEQRA process has been completed.
(F)
Within the Local Waterfront Revitalization Area, the
Planning Board shall not grant or deny any application until the Director
of Maritime Services has issued a written determination of consistency
with the policies and purposes of the Town of Huntington Local Waterfront
Revitalization Law.[2]
(G)
Retention of outside consultants and independent studies.
[Added 3-7-2006 by L.L. No. 6-2006]
(1)
Legislative intent. It is the intention of the
Town Board to protect the health, safety and welfare of those residing
in neighboring properties and the community-at-large from the impacts
of land development, and to facilitate the expeditious processing
of applications by providing the Planning Board with a mechanism by
which it can seek the assistance of outside professionals and/or commission
independent studies at the applicant's expense to assist in evaluating
any matter over which the Board has jurisdiction. In order to accomplish
these goals, the Town Board is exercising its police power and authority
under § 10(1)(ii)(a)(6), (11) & (12) and § 10(1)(ii)(d)(3)
of the Municipal Home Rule Law; the New York State Constitution; § 64(23),
§ 130(15), § 274-a, § 276, § 277
& § 280-a of the Town Law, and any other applicable
provision of law now or hereinafter enacted to supercede and/or expand
on the provisions of Town Law § 265-a, § 274-a(2)(b)
& (4), § 276(1), (2) & (6)(d)(ii)(3), § 277,
§ 280, § 280-a(2) and any other applicable provision
of law now or hereinafter enacted, so as to require full payment of
all such fees as a condition of subdivision and/or site plan approval,
and the issuance of a building permit or other town approval.
(2)
As a condition of processing any matter over
which it has jurisdiction, the Planning Board may, at any time, require
an applicant to pay for the reasonable costs of such independent studies
and/or outside consultants as may be reasonably related to the matter
under review. All such costs shall be paid by cash or certified check
and are in addition to any other required fee. Within thirty (30)
days of the date on the written request for payment, the applicant
shall submit to the Department of Planning and Environment for deposit
into a non-interest bearing trust and agency account maintained by
the Town an amount determined by the Planning Board, or its designee,
to be utilized by the Town to pay for such services during the review
process. Upon request, the applicant shall be provided with copies
of invoices submitted to the Town for the work of outside consultants
and studies. In the event the sum initially deposited by the applicant
is not sufficient and additional funds are necessary, the applicant
shall pay such additional sums within twenty (20) days of the date
on the written request for payment. After all reasonable charges have
been paid to the vendor(s) by the Town, any balance remaining on deposit
in the account shall be returned to the applicant. In the event an
application is withdrawn at any stage by the applicant, any unused
portion of the sums on deposit shall be returned to the applicant.
(3)
In its discretion the Planning Board may adopt
or reject, in whole or in part, the findings and determinations of
any consultant or study commissioned by the Board or applicant.
[Added 12-30-1969 by L.L. No. 4-1969; amended 2-1-1972 by Ord. No.
72-ZC-25; 2-28-1978 by Ord. No. 78-ZC-74; 2-6-1979 by L.L. No. 9-1979; 5-5-1998 by L.L. No. 20-1998; 10-15-2002 by L.L. No. 54-2002; 10-15-2002 by L.L. No. 55-2002; 2-11-2003 by L.L. No.
6-2003; 2-10-2015 by L.L. No. 16-2015]
A.
Subdivision approval required. In order to provide for the orderly,
uniform and harmonious development of the Town, and to afford adequate
facilities for the health, welfare and safety of town residents and
the community at-large, every person or business entity, whether or
not incorporated, who engages in the subdivision or resubdivision
of real property in any zoning district within the Town of Huntington
shall be required to obtain subdivision or resubdivision approval
from the Planning Board, and to file the map of such subdivision or
resubdivision in the Office of the Suffolk County Clerk in accordance
with § 335 of the Real Property Law. All such maps shall
comply with the Huntington Town Code and the rules and regulations
of every local, state and federal agency having jurisdiction.
B.
Authority of the Planning Board. In accordance with Town Law § 276
the Planning Board shall be authorized to approve, with or without
conditions, preliminary and final plats showing lots, blocks or sites
with or without streets or highways, within the Town of Huntington
exclusive of its incorporated villages.
(1)
The Planning Board is not authorized to approve a subdivision
map that creates through lots of existing lots; furthermore, the Board
shall not consider a map fully conforming if it creates through lots
of existing lots.
(2)
No lot shall be subdivided and no portion of a lot shall be
sold where such subdivision or sale shall result in the establishment
of one (1) or more parcels that are nonconforming in respect to the
minimum area, yard or other requirements for the district in which
the lot is located.
C.
Modified procedures.
(1)
Covenanted conveyance. The following procedure, when
approved by the Planning Board, shall apply to a parcel of land which
has the capability of being subdivided into lots conforming in all
respects to this chapter of this Code: One (1) lot may be conveyed,
provided said conveyance is to a church organization, a cemetery association
or to a member of the family of the owner. The remaining portion of
the parcel shall remain as such unless and until subdivision is instituted
with the Planning Board. The condition imposed hereinabove shall be
covenanted by the owner and shall be filed in the office of the Clerk
of the County of Suffolk; the covenant shall bind the grantor as well
as all future owners, assigns and successors in interest.
(2)
Comprehensive site plan. A site plan for property
located within the R-RM Retirement Community Zoning District which
has received Planning Board site plan approval and complies with all
the requirements of this chapter may be divided into one (1) or more
parcels for the purposes of ownership and management and such division
shall not constitute a subdivision, provided that the owners of each
parcel execute and duly record a restrictive covenant approved by
the Town Board binding the owner and all successors and assigns to
maintain the property in accordance with the approved site plan, and
said restrictive covenant shall irrevocably bind such owner and his
successors and assigns to adhere to the originally approved site plan.
The requirements of the Code with respect to minimum yards, gross
site area, and maximum density shall apply to the entire site but
shall not apply to each separately owned parcel.
D.
Effect of noncompliance. In addition to any penalty provided by law, the following shall result from noncompliance: A building permit shall not be issued for the construction of any building on a lot subject to a conveyance after the effective date of this section which is not on a map filed and approved under this section nor shall a building permit be issued for the alteration, moving, conversion, extension or demolition of a building on a lot on a map not filed and approved as provided herein. Building permits shall be issued when such building plans are in accordance with an approved site plan and all other provisions of Subsection C(2) of this section are met.
[Added 1-22-1991 by L.L. No. 2-1991; 7-13-2021 by L.L. No. 35-2021]
A.
Whenever the Planning Board shall require the posting
of a cash deposit or performance bond to ensure the completion of
improvements as set forth pursuant to Town Law § 277, Subdivision
1, the approval of, the acceptance of and any subsequent reduction
in or release of such a deposit or bond shall be made by the Director
of the Department of Audit and Control upon the written recommendation
of the Director of Planning and Environment and in accordance with
this section.
B.
Applicants shall submit bonds or deposits to the Director
of Planning and Environment in accordance with the requirements of
plat or site plan approval. Such bond or deposit shall be referred
to the Director of the Department of Audit and Control, who shall
accept only a performance bond of a surety company authorized to do
business as such in New York State or a certified check on behalf
of the applicant in the amount, form, sufficiency and manner of execution
satisfactory to insure completion of the improvements in the event
of the applicant's default therein.
C.
Any reduction in or release of the principal amount
of any bond or deposit shall be made by the Director of the Department
of Audit and Control only upon the written recommendation of the Director
of Planning and Environment that material progress in or completion
of all improvements subject of the bond or deposit have been satisfactorily
made. When satisfied, the recommendation of the Director of Planning
and Environment to reduce or release the obligation shall become effective
only after the passage of fourteen (14) days after notice thereof
has been filed with the Town Board and no objection thereto shall
have been made by resolution of the Town Board. Upon passage of the
aforementioned fourteen (14) days, the Director of the Department
of Audit and Control may release the bond or deposit.
