A.
The preliminary plat and supporting material for a
proposed subdivision constitute the material to be officially submitted
to the Planning Board. They show the general design of the subdivision
and its public improvements to the extent necessary for the Planning
Board to indicate to the subdivider whether the proposal is acceptable
as a basis for detailed design of the final plat. The preliminary
plat shall require a public hearing.
B.
Approval of the preliminary plat does not constitute
an approval of the final plat nor is it a valid basis for the construction
of site improvements or other commitments which depend upon its design
characteristics.
C.
The preliminary plat shall serve as a key map to final
plats subsequently laid out in sections and shall include all contiguous
properties of the developer.
D.
If a revision of the proposed subdivision is found
necessary, the preliminary plats shall be revised accordingly to keep
the files of the Planning Board current.
E.
Should the subject property be located within the
Agricultural Overlay District as depicted on the Zoning Map of the
Town of Southampton, a contribution to the Drainage Fund, as defined
herein, may be discussed at the preliminary map stage.
[Added 5-11-1982]
A.
The submission of a preliminary plat shall consist
of the following items:
(1)
Application for preliminary plat approval.
(2)
The preliminary plat in sufficient quantity to allow
the Planning Board to make all applicable referrals. (Check with the
office of the Planning Board.)
(3)
Preliminary drainage designs and street profiles (three
copies).
(4)
Subdivision application fee.
(6)
Written application to proceed under § 278
of the Town Law if the subdivider wishes to submit a preliminary plat
for planned residential development.
[Amended 6-26-1993 by L.L. No. 21-1993]
B.
Time and place of submission; sign; notice.
[Amended 8-10-1982; 5-12-1992 by L.L. No. 20-1992]
(1)
The subdivider shall file his complete submission
for the preliminary plat, including the application fee and review
fee, at the office of the Planning Board. A proposed submission which
does not include all the required drawings and documents will not
be accepted by the Planning Board. A submission shall be filed 15
days prior to a meeting date to be heard at that particular meeting,
and a public hearing shall be held on the preliminary plat within
62 days of the receipt of a complete submission. The office of the
Planning Board shall advertise a public hearing at least 10 days prior
to the hearing date as required by the Town Law.
[Amended 6-26-1993 by L.L. No. 21-1993]
(2)
In addition, the subdivider or his agent shall erect
or cause to be erected a sign which shall be displayed on the parcel
upon which the application is made, facing each public street on which
the property abuts, giving notice that an application has been made
to the Town Planning Board for subdivision approval and stating the
time and place where the preliminary public 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 preliminary public
hearing date or any adjournment date. The applicant shall file an
affidavit with the Planning Board that they have complied with the
provisions of this section. Failure to submit such affidavit shall
result in the adjournment of the preliminary public hearing.
(3)
For all applications submitted on or after the effective
date of this amendment, the applicant shall mail notice of the public
hearing date, at least 10 days prior thereto, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and/or directly opposite (by way of extension of lot lines
through the street right of way) the property which is the subject
of the public hearing. Such notice shall be by either certified or
registered mail, return receipt requested. Proof of such notice shall
consist of a copy of the assessment roles, the return receipts, and
an affidavit attesting to compliance with this mailing notification.
Such proof shall be submitted to the Planning Board prior to the public
hearing. No additional mailing shall be required for an adjournment.
[Added 5-22-2007 by L.L. No. 28-2007; amended 1-22-2008 by L.L. No. 5-2008]
C.
The office of the Planning Board shall deliver one
copy of the preliminary plat to the Town Engineer and/or Superintendent
of Highways, and he shall report his evaluation of the tentative drainage
plan and street profiles to the Planning Board. He shall also advise
the Planning Board as to the contribution to the Drainage Fund, if
such is requested.
[Amended 5-11-1982]
D.
No application for preliminary plat approval shall be deemed complete until either a negative declaration has been made for the application pursuant to the State Environmental Quality Review Act (SEQR) as implemented by Chapter 157 of the Town Code or, if a positive declaration is made, until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content and adequacy. Reasonable time shall be provided for compliance with SEQR, including the preparation of a final environmental impact statement.
[Added 8-23-1988 by L.L. No. 18-1988]
E.
If the subject property is located within 200 feet of wetlands, the applicant shall determine, through the Natural Resources Department, if a wetlands permit is required, pursuant to Chapter 325 of the Town Code, for the subdivision or any improvements thereon and which Town agency is the approving authority for said permit. Should the approving authority be the Planning Board, then an application for a wetlands permit shall be filed with the Town Clerk. The Planning Board shall not consider an application for preliminary plat approval complete until an application for a wetlands permit has been filed with the Town Clerk and said application has been directed by the Town Clerk to the Planning Board. Upon receipt of the wetlands application and all other submission requirements as provided in this article, the Planning Board shall consider the combined application in accordance with the provisions of the State Environmental Quality Review Act (SEQR). Upon compliance with the provisions of SEQR in accordance with Subsection D above, the Planning Board shall schedule a combined public hearing on the wetlands application and the preliminary plat. After the public hearing is closed on said applications, the Planning Board shall, within the prescribed time limits set forth in this chapter and Town Law § 276, either approve, approve with modifications or deny said combined application, either in whole or in part.
[Added 8-23-1988 by L.L. No. 18-1988; amended 3-22-1994 by L.L. No. 15-1994]
F.
Within 62 days after the date of the public hearing,
or within 31 days of receipt of a determination from the Suffolk County
Planning Commission, if an application was required to be sent to
that agency for its review, whichever date is later, the Planning
Board shall take formal action either approving or disapproving or
approving with modifications the preliminary plat, and a written notification
of such action, stating the modifications deemed necessary for the
submission of the final plat, if any, shall be given to the subdivider.
[Added 6-26-1993 by L.L. No. 21-1993]
[Amended 4-26-1988 by L.L. No. 3-1988; 6-12-2001 by L.L. No. 21-2001; 1-27-2004 by L.L. No.
2-2004; 2-27-2007 by L.L. No. 5-2007]
A fee schedule shall be established, and changed
as needed, by resolution of the Southampton Town Board. A copy of
the fee schedule is on file with the Town Clerk’s office and
the Department of Land Management. In addition to the above-referenced
fee schedule, the Planning Board may require an applicant to pay an
amount, to be held in escrow and ultimately disbursed, to pay the
costs incurred by the Town for all consulting services it may reasonably
seek to engage, including, but not limited to: archaeological, engineering,
planning, legal and clerical costs incurred in processing and review
of a proposed subdivision. Such amount deemed necessary for escrow
shall be reasonably related to costs attendant to the Town’s
review, and such amount shall be computed by the Planning Board in
consultation with the applicant. Further, if such escrow payment is
deemed necessary, this fee shall be in addition to and exclusive of
any fee(s) properly assessed to the applicant in connection with the
SEQRA process.
A.
Approval of a preliminary plat may be revoked by the
Planning Board unless a proper application for approval of the final
plat has been submitted to the Planning Board within six months of
the approval of the preliminary plat.
B.
No Planning Board action will be taken after such
revocation until a new application, filing fee and review fee, if
required, are submitted. The Planning Board may grant a six-month
extension of preliminary plat approval upon written request by the
subdivider, who shall present adequate reasons for the delay of the
final plat submission.
[Amended 9-13-1988 by L.L. No. 21-1988; 9-13-1988 by L.L. No. 23-1988]
The preliminary plat shall be prepared by a
licensed land surveyor and shall show the information noted in this
section:
A.
Size and type of drawing:
(1)
Sheet size shall be either 18 inches 20 inches or
36 inches by 20 inches.
(2)
The original drawing may be done with pencil on vellum
tracing paper, with scaled dimensions and careful lettering, using
upper case letters at a minimum height of 1/8 inch.
(3)
The scale of the drawing shall be not more than 100
feet to the inch and shall be a common engineering scale.
B.
Title block:
(1)
Name of proposed subdivision.
(2)
Location by postal district.
(3)
Name and address of subdivider.
(4)
Name, address, license number and seal of licensed
land surveyor preparing the drawings.
(5)
Total acreage of entire tract.
(6)
Total number of proposed lots and zoning district.
(7)
The term "preliminary plat" must show on the map.
E.
Approximate boundaries and owners of adjacent acreage
properties and boundaries and name of adjacent subdivision.
F.
Subdivision boundary lines (heavy solid line) and
survey data.
H.
Topographic contours at two-foot intervals in the
National Oceanic and Atmospheric Administration Survey datum of mean
sea level, or, where it is impractical to use a mean sea level datum,
an assumed elevation may be used at the discretion of the Planning
Board:
I.
Existing site conditions:
(1)
All street rights-of-way on the subdivision and within
200 feet of its boundaries:
(4)
Other utility structures, such as water mains, gas
mains and power lines, on the subdivision and those within 200 feet
of its boundaries which will influence the subdivision design.
(5)
All wetlands, lakes, ponds, streams, creeks, bays,
ocean, canals, land subject to periodic or occasional flooding, dunelands
and crests of dunes or similar features located on the subdivision
or within 200 feet of its boundaries:
[Amended 5-12-1992 by L.L. No. 22-1992]
(6)
Test hole data:
(a)
Data, location and graphic representation of
findings for all test holes, including groundwater level.
(b)
Locations shall include critical points and
areas where drainage structures requiring seepage are to be constructed.
(c)
In problem soil areas, the Planning Board may
require special borings to be made by the Suffolk County Soil and
Water Conservation District and may request comments as to the practicality
of the subdivision plan being considered relative to these soils.
(7)
Federal, state, county or Town parks, schools or other
public lands and historic sites and buildings.
(8)
Buildings and structures located on the subdivision
and those within 200 feet of its boundaries which will influence the
subdivision design.
J.
Proposed site conditions. (See Article X, Design Standards.) The proposed street and lot layout and drainage plan shall cover the entire holding of the subdivider:
(1)
Street layout:
(2)
Preliminary stormwater drainage system plan:
(a)
Location, type and capacity of storage structures,
including size, approximate invert elevations of all piping, structures
and recharge basins.
(b)
Watershed outlines, with approximate area in
acres. (United States Geodetic Survey maps may be used.)
(c)
Submission of preliminary drainage calculations
in accordance with Highway Department standards for the Town of Southampton.
K.
Street and lane names. There shall be no duplication
of street and lane names within any fire, postal or school districts
in the Town or any duplication within any fire, postal or school district
which is partially in other Towns. In the case of private lanes, signage
shall conform to standards required for the public system.
[Amended 3-10-1992 by L.L. No. 4-1992[1]]