The preapplication shall be required to enable
a subdivider to have the benefit of the Planning Board's input as
to form, layout, development constraints, zoning, environmental impacts
and other issues before making a formal application.
A.
Any owner of land shall, prior to subdividing or resubdividing land, shall submit to the office of the Planning Board at least six copies of a preapplication of the proposed subdivision, which shall use the standards set forth in Article X of this chapter as a guide.
(1)
In order to assist the Planning Board in determining
whether a planned residential development is appropriate for the site,
the preapplication shall include at least one alternate cluster plan.
(2)
Transfers of property shall be reviewed as a preapplication
where a resolution waiving further subdivision review may be adopted
by the Planning Board if it finds that such transfer complies with
this definition and is consistent with the intent and purposes of
these regulations.
B.
A fee schedule shall be established, and changed as
needed, by resolution of the Board of Trustees. A copy of the fee
schedule is on file with the Village Clerk's office.
A.
A public hearing on the preapplication shall be held
within 45 days of a receipt of a complete submission. Notice of such
hearing shall be provided to the subdivider by mail at least 15 days
before the hearing.
(1)
The Planning Board shall publish notice of said hearing
at least 10 days prior to the scheduled date of the hearing in a newspaper
of general circulation. No additional advertisement shall be required
for any adjournment date.
(2)
In addition, the subdivider or his/her agent shall
erect or cause to be erected a sign which shall be displayed on the
parcel upon which the preapplication is made, facing each public street
on which the property abuts, giving notice that a preapplication has
been made to the Village Planning Board for subdivision approval and
stating the time and place where the preapplication hearing will be
held. The sign shall not be located more than 10 feet from the street
line and shall not be less than two nor more than six feet above the
natural grade at the street line. The sign shall be furnished by the
Planning Board, and only such sign(s) shall be used. The sign shall
be displayed not less than 10 days immediately preceding the preapplication
hearing or any adjournment date. The applicant shall file an affidavit
with the Planning Board that he/she has complied with the provisions
of this section. Failure to submit such affidavit shall result in
the adjournment of the preapplication hearing and reposting pursuant
to this section.[1]
B.
The hearing shall take place at a scheduled meeting
of the Planning Board, and the subdivider and the public in attendance
shall be afforded an opportunity to be heard. The hearing shall address
compliance with subdivision regulations, zoning regulations, environmental
regulations, proper design criteria and all other applicable standards.
The hearing on the preapplication shall be noticed in accordance with
the procedures set forth in this chapter.
C.
Within 62 days of the completion of the public hearing
on the preapplication hearing, the Planning Board shall issue a report
which shall determine the following:
(1)
Whether the application shall be processed under the
major, minor review or conservation opportunities subdivision procedures;
(2)
Whether a standard plat or planned residential development
is preferred;
(3)
Whether the submission complies with applicable standards,
policies, regulations and laws;
(4)
Whether there are any recommendations by the Board
which should be incorporated into a formal application; and
(5)
Any other relevant comment relating to the proposed
subdivision.
D.
Nothing shall preclude or bind the Planning Board[2] from issuing or changing its recommendations if new information
or a change in circumstances arises at or prior to the next formal
application stage. The report of the Planning Board shall be valid
for a period of one year from the date of issuance. No further Planning
Board action will be taken after such expiration until a new preapplication
has been submitted.
A.
The sketch plan shall be based on tax map information
or land survey and other available data, at a scale not less than
200 feet to the inch, to enable the entire tract to be shown on one
sheet. The sketch plan shall be submitted, showing the following information:
(1)
The location of sections to be subdivided and their
priority in relation to the entire subdivision tract and the distance
to the nearest existing street intersection.
(2)
All existing structures, wooded areas, wetlands, lakes,
trails, ponds, streams and other significant physical features, including
contours at not more than ten-foot intervals, in the subdivision and
within 200 feet of its boundaries.
(3)
The name of the landowner and subdivider, including
members of any corporation or similar agency, and any contiguous property
held by the landowner seeking subdivision, and the names of all adjoining
property owners as disclosed by the most recent realty tax records.
(4)
The tax map sheet, block and lot numbers, if available,
or signed land survey.
(5)
All utilities available and all streets which are
either proposed, mapped or built.
(6)
The proposed pattern of lots, including typical lot
width and depth, street layout, recreation areas, method of drainage,
sewerage and water supply within the subdivided area.
(7)
All existing restrictions on the use of land, including
easements, covenants or zoning district lines and zoning district.
B.
A standard subdivision shall conform in all respects
to the Table of Dimensional Regulations called for in respective zoning
districts of the Zoning Code[1] and shall also conform to the requirements of the Planning
Board's subdivision regulations. The standard subdivision design shall
be required in order to determine the proposed number of legal building
lots which may be anticipated. The location of a park, satisfying
the requirements of the subdivision regulations, shall be shown on
the standard subdivision. The standard subdivision design shall exclude
the following listed areas from consideration as areas contributing
to total lot yield:
(1)
Existing water surfaces.
(2)
Tidal wetlands or freshwater wetlands as defined in
state and/or local regulations.
(3)
Horizontal areas of escarpments or bluffs or the seaward
faces of primary dunes.
(4)
Beaches below mean high water, as defined by the United
States Coast and Geodetic Survey or latest Tidal Wetlands Survey Base
Maps, and any beach lying between this line and the unbuildable areas
outlined in the preceding subsection.
(5)
Horizontal areas of slopes which exceed a grade of
20% when considered for lots of less size than 40,000 square feet
or a grade of 30% when considered for lots of less size than 80,000
square feet.
(6)
Areas required for park dedication pursuant to the
Planning Board's subdivision regulations.
(7)
Areas required for recharge basins or for natural
area recharge.
(8)
Areas required for streets.
(9)
Areas required for utilities or public facilities,
except that minor utility easements of direct service to the subdivision
may be included.
C.
Cluster subdivisions. The Planning Board is authorized pursuant to Village Law § 7-738 to approve cluster developments in all zoning districts. Any subdivision within the Agricultural Overlay District shall comply with the cluster requirements of § 245-12B(2) of the Zoning Code. Any provision in said § 245-12B(2) to the contrary notwithstanding, the cluster requirement therein may be waived if the subdivision lot area is so small as to be inconsistent with any open space preservation goal.
D.
For preliminary
subdivision plat approval: stormwater pollution prevention plan. A
stormwater pollution prevention plan (SWPPP) shall be required for
preliminary subdivision plat approval. The SWPPP shall meet all performance
and design criteria and standards in the stormwater pollution prevention
plans chapter of this Code. The approved preliminary subdivision plat
shall be consistent with the provisions of the stormwater pollution
prevention plans chapter of this Code.
[Added 1-17-2012 by L.L. No. 1-2012]
E.
For final
subdivision plat approval: stormwater pollution prevention plan. A
stormwater pollution prevention plan consistent with the terms of
preliminary plan approval shall be required for final subdivision
plat approval. The SWPPP shall meet all performance and design criteria
and standards in the stormwater pollution prevention plans chapter
of this Code. The approved final subdivision plat shall be consistent
with the provisions of the stormwater pollution prevention plans chapter
of this Code.
[Added 1-17-2012 by L.L. No. 1-2012]
A.
Where the owner requests or the Planning Board requires
an application for planned residential development, said application
shall include a map or maps showing the proposed cluster design or
designs offered for consideration by the Planning Board, together
with a map which shall be prepared for consideration as a standard
subdivision conforming to all requirements of the Zoning Code and
these subdivision regulations.
B.
The total building lot yield of the standard subdivision
shall be used to determine the yield in the number of building lots
which the Planning Board may grant in a planned residential development.
A planned residential development design may be prepared for any contiguously
owned holdings, whether or not they are separated by an existing street
offering direct access to such holdings. In all other cases, the holdings
shall be considered as separate parcels. The Planning Board may reject
a planned residential development if it finds that the design does
not conform to any one of the following requisites:
(2)
The arrangement of building lots must be deemed to
be environmentally sound with reference to continued aquifer and surface
water quality and with reference to unique site features protection.
(3)
Open space arrangement must be significantly beneficial
to potential residents of the subdivision or to the public at large,
and adequate legal provisions must be provided in order to assure
the continuance of the open space arrangement.
(4)
The arrangement of building lots must take into account
the characteristics of adjacent external land use arrangement or the
layout of approved maps and plans in such a way as to assure a harmonious
blending between them or adequate protective buffering between them.
C.
The Planning Board may authorize and approve a planned
residential development for all subdivision applications, irrespective
of the number of lots proposed.
D.
Criteria.
(1)
In addition to the other requirements of this section,
the criteria pursuant to which the Planning Board may require an application
for a planned residential development are as herein provided.
(2)
An application for a planned residential development
may be required in order to perpetuate the existence of or to prevent
the despoliation or degradation of the following environmentally sensitive
areas or historic places, whether on or off the site:
(a)
Environmentally sensitive areas are:
[1]
Tidal waters and wetlands.
[2]
Watercourses, including freshwater wetlands,
permanent courses, marshes, swamps, bogs, permanent and seasonal ponds
and lakes.
[3]
Ocean beach dunes.
[4]
Bluffs.
[5]
Beach grass.
[6]
Agricultural lands.
[7]
Natural features, such as beaches, woodlands,
unique plant and wildlife habitats and important scenic vistas.
[8]
Water catchment areas.
