[Amended 3-10-1992 by L.L. No. 4-1992; 6-26-1993 by L.L. No. 21-1993]
A.
Subdivisions applications of minor concern and consequence, that comply with the criteria set forth in § 292-6, shall not require preliminary plat review and the subdivider may submit a final plat application based upon the Planning Board's determination at preapplication.
B.
The Planning Board shall have the option to hold a public hearing on the plat depending on the degree of interest shown by the public or interested agencies; the need for important and informative comment by certain interest groups, technical specialists or community representatives; and whether the subdivider needs further opportunity to present the subdivision to the Planning Board and/or public. The Planning Board shall, however, hold a public hearing on the final plat where said plat is not in substantial agreement with the Planning Board preapplication report or where the plat is a planned residential development or where the minor review is authorized under the criteria of § 292-6A(3) or where a wetlands permit is required pursuant to Chapter 325 of the Town Code. Where no hearing is to be held, the Planning Board shall provide notice of a complete application by posting said notice at the Planning Board office and on the Town Clerk's signboard and accept written public comment for a reasonable time thereafter.
[Amended 3-22-1994 by L.L. No. 15-1994]
C.
The application, final plat, filing fees and supporting
materials constitute the complete submission of the subdivision proposal.
After final plat approval by the Planning Board, this complete submission
becomes the basis for the conveyance of lots and the issuance of building
permits, subject to any conditions called for by such approval. The
plat itself must be recorded at the office of the County Clerk to
have legal status.
D.
The final plat shall be an accurate survey of the
properties resulting from the subdivision.
A.
The final plat submission of an application for minor
review shall consist of the following items:
[Amended 5-11-1982; 8-23-1988 by L.L. No. 19-1988; 6-26-1993 by L.L. No. 21-1993]
(1)
Written request for a minor subdivision as defined
in these subdivision regulations.
(2)
Paper prints of the survey map showing all contiguous
holdings, the arrangement of lots, their metes and bounds, adjacent
landowners and such other data required by these regulations in sufficient
quantity to allow the Planning Board to make all referrals. (Check
with the office of the Planning Board.)
(3)
Application fee.
(4)
Copies of legal instruments covering parkland dedications
or scenic and other forms of open space easements.
(5)
A copy of covenants or deed restrictions as are intended
to cover all or part of the tract.
(6)
If the subject property lies within the Agricultural
Overlay District as shown on the Zoning Map of the Town of Southampton,[1] the submission may be required to include a complete drainage plan or written request for consideration as to a contribution to the Drainage Fund as a waiver of the installation of such on-site drainage facilities as may be required. (See Article VI, § 292-21G.)
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
(7)
No application for final 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.
(8)
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. If the approving authority is the Planning Board, then the application for a wetlands permit shall be filed with the Town Clerk. The Planning Board shall not consider an application for a final 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 A(7) above, the Planning Board shall schedule a combined public hearing on the wetlands application and the final plat. After the public hearing is closed on said application, 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.
[Amended 3-22-1994 by L.L. No. 15-1994]
B.
The submission may, when called for by the Planning
Board, require the following items:
(1)
A letter directed to the Planning Board from the Suffolk
County Department of Health and/or the Suffolk County Environmental
Control Board, relative to the subdivision meeting all appropriate
standards.
(2)
A drainage plan.
(3)
Letters directed to the Planning Board by a responsible
official of the electric power agency and of the water service agency
which have jurisdiction in the area, assuring provision of necessary
services to the proposed subdivision.
(4)
Letters, in appropriate cases, directed to the Planning
Board and signed by a responsible official of the State Department
of Transportation or the Suffolk County Department of Public Works,
approving proposed construction on state or county rights-of-way.
C.
If a public hearing is held, it must be upon at least 10 days' notice published in a newspaper of general circulation in the Town and posted in accordance with the provisions of § 292-13B(2). Within 62 days of the receipt of a complete final plat submission 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, or within 62 days after the date of the public hearing if such hearing is held, the Planning Board shall take formal action either approving or disapproving or approving with modification the final plat, and a written notification of such action shall be given to the subdivider.
[Added 6-26-1993 by L.L. No. 21-1993; amended 2-28-1995 by L.L. No. 12-1995]
D.
All required conditions of approval and corrections
or modifications of the final plat shall be completed within 180 days
of the Planning Board's formal action. Two additional periods not
exceeding 90 days each may be granted upon petition to the Planning
Board if such period is found to be justified.
[Added 6-26-1993 by L.L. No. 21-1993]
[Amended 3-9-1982; 4-26-1988 by L.L. No. 3-1988; 6-26-1993 by L.L. No. 21-1993; 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]
The application fee shall be as stated in the Town of Southampton fee schedule for each lot in the proposed subdivision, excluding parcels set aside as open space, parks and/or recharge areas. The final plat for minor review may also be subject to a review fee under § 292-29, a park fee under § 292-35B and as set forth in § 292-18A(9).
[Amended 6-26-1993 by L.L. No. 21-1993]
A.
The signature of the duly authorized Planning Board
officer constituting final approval of the plat shall expire 62 days
after the date of such signature unless, within such time, the final
plat or a section thereof shall have been filed in the office of the
County Clerk.
B.
Expiration of an approval shall mean that any further
action will require a new final application, filing fee and public
hearing, as well as a review of previous filings.
[Amended 3-9-1982; 6-26-1993 by L.L. No. 21-1993]
The provisions with regard to map requirements
for a final plat for major review shall apply.
