[Amended 11-10-1992 by L.L. No. 46-1992; 6-26-1993 by L.L. No. 21-1993; 10-23-2001 by L.L. No.
40-2001; 3-26-2002 by L.L. No. 3-2002; 2-8-2005 by L.L. No. 1-2005; 11-27-2007 by L.L. No. 57-2007]
A.
The proposed land uses shown on a plat, whether they
are for residential, business, industrial or any other land use, shall
conform to the Master Plan and the planning objectives on which it
is based, as well as to the requirements of the Zoning Ordinance of
the Town of Southampton.[1]
B.
Park requirements in residential plats.
(1)
Each residential plat shall have a park site consisting of not less than five acres for each 100 dwelling units or lots (.5 acre per dwelling unit or residential lot) indicated on the plat, suitably located for playground or other recreation and open space purposes, including passive recreational uses, provided that the Planning Board makes a finding that a proper case exists for requiring such park site. In making such determinations, the Planning Board shall refer to the present and anticipated future needs for park and recreational facilities in the Town as set forth in the Master Plan as well as to terrain and the quality of alternate sites within the same local planning area. Consistent with the provisions of Subsection B(3) of this section, wetland and other unbuildable areas shall not count toward meeting such park requirement but may be included in a park site, so long as the wetland area located in such park site will be adequately protected from destruction and degradation.
(2)
The Planning Board may require the subdivider to grade
such park site in a manner appropriate for its projected use and compatible
with its surroundings.
(3)
Where such park site incorporates a unique natural
feature or a landmark, the subdivider shall be responsible for the
protection of such feature or landmark from any destructive action
during the course of the plat development.
(4)
In cases where the Planning Board makes a finding pursuant to Subsection B(1) above that the proposed subdivision plat presents a proper case for requiring a park, but the Planning Board determines that a suitable park site of adequate size cannot be properly located within the plat, in whole or in part, the subdivider shall be required to pay a park fee to the Town equal in amount to the land-only value at the time of the subdivision procedure of the land area that would otherwise be required for a park site, as determined by the median per-acre land-only value, for the respective assessment neighborhood within which the subdivision is located, adjusted by 50% to account for the value difference between raw land and developable land, and adjusted by the state equalization rate in effect at the time of the calculation. All such payments shall be held by the Town in a special Park and Recreation Site Acquisition and Improvement Trust Fund to be used exclusively either for the acquisition of sites that are properly located for neighborhood park, playground or recreation purposes or for the physical improvement of such sites.
(5)
In determining the amount of the park fee required under Subsection B(4) above, the Planning Board shall multiply 50% of the median acre land-only value for the respective assessment neighborhood within which the subdivision is located and which was used by the Town in the latest tax assessment, adjusted by the state equalization rate in effect at the time of the calculation of the park fee, by the number of dwelling units or residential lots by the 5% of an acre park requirement, per dwelling unit or residential lot (e.g., median acre land value x .5 x number of dwelling units or residential lots x .05/equalization rate).
(a)
The median acre land only-value for the respective
assessment neighborhood shall be derived from the median town-wide
assessment rate per square foot, used by the Town in the latest tax
assessment, multiplied by 43,560, multiplied by the assessment neighborhood
adjustment. (Ex: median town-wide square foot land rate x 43,560 x
assessment neighborhood adjustment). On January 1 of each year, or
as duly updated during the course of the year, the Town Assessor shall
provide a table containing the latest median town-wide assessment
rate per square foot and the assessment neighborhood adjustment figure
for each of the assessment neighborhoods, for use by the Planning
Board, and made available on the Town's Internet Web site.
(b)
In determining the number of dwelling units
or residential lots, the Planning Board shall exclude the existing
overall parcel if said parcel existed in single and separate ownership
prior to the adoption of the Subdivision Regulations on May 6, 1975,
and shall exclude any existing dwellings regardless of whether the
parcel existed in single and separate ownership prior to May 6, 1975.
(c)
Notwithstanding the aforementioned provisions,
where the proposed plat is a conservation opportunities subdivision,
the amount of the park fee shall be based upon a value of $2,500 per
dwelling unit or residential lot.
(d)
Notwithstanding the aforementioned provisions,
the park fee associated with the creation of dwelling units or residential
lots that are to be set aside for affordable or moderate-income housing,
as defined in the Southampton Town Code, shall be waived.
(e)
Notwithstanding the aforementioned provision,
where the proposed plat does not exceed two lots, the amount of the
park fee shall be $2,500 per dwelling unit or residential lot. If
the overall parcel existed in single and separate ownership prior
to the adoption of the Subdivision Regulations on May 6, 1975, or
the lot was created on a subdivision map and was subject to a park
fee at that time, the park fee shall be $2,500 for the one net increase
in dwelling units or residential lots. If the overall parcel did not
exist in single and separate ownership prior to May 6, 1975, or was
never subject to a park fee, the park fee for the two-dwelling-unit
or two-residential-lot subdivision shall be $5,000. This flat fee
provision shall only be available on a one-time basis. The park fee
for the further subdivision of lots which were assessed the flat fee
will be calculated on the basis of the assessed-value formula.
(f)
Notwithstanding the aforementioned provisions, where the proposed
plat is located within the Agricultural Overlay District or the Aquifer
Protection Overlay District and creates three or more residential
lots where the area within the proposed lots comprises at least 10
acres of vacant land, and all of these new residential lots will be
restricted with an agricultural or conservation easement for at least
20 years at the filing of the subdivision map creating these lots,
the amount of the park fee shall be based upon the Town Assessor’s
current land adjustment grid for term easements, in conjunction with
the current park fee
[Added 1-26-2010 by L.L. No. 3-2010]
C.
The arrangement of streets, building lots and other
land uses shall be of such character that they can be used safely
without danger to health or peril from fire, flood, unstable soil
conditions or other menace.
D.
Subdivision designs shall indicate consideration for
suitable separation and protection of different types of land uses,
including highways.
E.
In carrying out the subdivision policy outlined in § 292-2B, a subdivider of a nonresidential parcel shall be required to place in reserve and offer for dedication such natural features of the site that may be required by the Planning Board, or the Board may require such other restrictions which will support the subdivision policy.
[Amended 2-14-1989 by L.L. No. 4-1989; 7-10-1990 by L.L. No. 19-1990; 3-10-1992 by L.L. No. 4-1992[1]]
A.
Streets, highways and common access shall be of sufficient
width and suitable grade and shall be suitably located to accommodate
the prospective traffic, to facilitate fire protection and to comprise
a convenient system. Streets, highways and common access shall be
properly related to the Master Plan.
B.
Local streets, lanes and common access shall be laid
out so that their use for through traffic will be discouraged. Particular
attention should be given to eliminating possible bypasses around
traffic signals and major intersections unless such systems are specifically
designed to promote safety at a given location by unifying internal
access efficiencies between two or more parcels and land uses.
C.
Collector streets shall be provided to give easy access
to and between local streets. In general, each A-type local street
shall have at least one intersection with a collector street.
D.
Culs-de-sac.
(1)
The use of cul-de-sac streets in a subdivision layout
shall be minimized unless they are found to be well-conceived elements
of a planned residential development plan.
(2)
The minimum radius for the right-of-way at the turnaround
shall be 60 feet, and the curb radius shall be 48 feet and the pavement
shall be extended to the curb. The Planning Board may require the
central area of the cul-de-sac to be planted or to retain natural
plant material when it is found to be acceptable by the Board.
E.
Intersections.
(1)
No more than two streets shall intersect or meet at
any one point.
(2)
Streets shall intersect one another at an angle of
90º, where practicable.
(3)
Intersections along collector or local streets shall
be spaced at least 150 feet apart, measured from the points of intersection
of the center lines.
(4)
Intersections along a highway and certain collector
streets so designated by the Planning Board shall be spaced at least
800 feet apart, measured from the points of intersection of the center
lines, where practicable.
(5)
Adequate sight distance shall be required at all intersections.
F.
Horizontal alignment.
(1)
The recommended minimum center-line radius for a street
curve shall be 200 feet on a local street and 400 feet on a collector
street.
(2)
A tangent distance of at least 50 feet shall be provided
between reverse curves.
(3)
The minimum radius at a corner shall be 25 feet at
the property line, except that a larger radius shall be provided at
major intersections.
G.
Vertical alignment.
(1)
All street gradients shall conform as much as possible
to the natural terrain, minimizing excessive cuts and fills.
(2)
Minimum road gradients shall be 0.50%.
(3)
Maximum road gradients shall be 6%.
(4)
Gradients approaching intersections shall not exceed
2.50%, commencing at a point at least 50 feet from the nearest intersecting
right-of-way line measured along the center line of the road. Intersections
of roads and curbs having minimum gradients shall be detailed sufficiently
to ensure proper surface drainage.
(5)
Gutter line gradients of culs-de-sac shall be a minimum
of 0.50%.
(6)
The formula L = KA shall be used in the design of
street profiles where L, the length in feet of a vertical curve, shall
be related to the algebraic difference (A) in percent of grade and
a constant (K) equaling 28 for minor streets and lanes and 50 for
collector streets. This formula shall be used for both sag and crest
vertical curves.
(7)
Where there are changes in grade of 1.0% or more,
they shall be connected by a vertical curve.
H.
Width, pavement, curb and sidewalk requirements. The
following table prescribes the minimum street right-of-way widths,
street improvement widths and whether curbs and sidewalks are required
for subdivisions located in various zoning districts of the Zoning
Ordinance[2] of the Town.
|
Location of Street by Zoning District
|
Right-of-Way Width
(feet)
|
Paving Widths
(feet)
|
Curbs Required
|
Sidewalks Required
| |
|---|---|---|---|---|---|
|
R-10, R-15, R-20 and Multifamily Districts(c)
| |||||
|
Highways
|
84 to 120
|
64
|
(b)
|
yes
| |
|
Collector streets
|
70
|
40 to 50(a)
|
(b)
|
(b)
| |
|
Local street A
|
50 to 60
|
30 to 34
|
(b)
|
(b)
| |
|
Local street B
|
50
|
24 to 30
|
(b)
|
(b)
| |
|
Marginal road
|
50
|
30 to 34
|
(b)
|
(b)
| |
|
Common driveway
|
na
|
12 to 16
|
no
|
no
| |
|
All other residential districts
| |||||
|
Highways
|
84 to 120
|
64
|
(b)
|
(b)
| |
|
Collector streets
|
70
|
40 to 50(a)
|
(b)
|
(b)
| |
|
Local street A
|
50 to 60
|
26 to 30
|
(b)
|
(b)
| |
|
Local street B
|
50
|
20 to 24
|
(b)
|
(b)
| |
|
Lane
|
50
|
18
|
no
|
no
| |
|
Marginal road
|
50
|
26 to 30
|
(b)
|
(b)
| |
|
Common driveway
|
na
|
12 to 16
|
no
|
no
| |
|
All business and industrial districts
| |||||
|
Highways
|
84 to 120
|
64
|
yes
|
yes
| |
|
Collector streets
|
70
|
50
|
yes
|
yes
| |
|
Local street A
|
60
|
34 to 40
|
(b)
|
(b)
| |
|
Local street B
|
—
|
—
|
—
|
--
| |
|
Marginal road
|
5
|
34 to 40
|
(b)
|
yes
| |
|
Common driveway
|
na
|
24 to 34
|
(b)
|
(b)
| |
|
NOTES: "na" Means "not applicable."
(a) Includes stabilized shoulders.
(b) At the discretion of the Planning Board
and Superintendent of Highways.
(c) Standards given are for subdivisions following
the minimum size of lots of these districts. If the subdivision is
designed for lots having at least 40,000 square feet, the standards
for all other residential districts may be used.
| |||||
I.
Street improvements shall be laid out in accordance with the general cross-section standards as required in Subsection H above. Minimum standards shown for residential districts may be allowed by the Planning Board when it can be demonstrated that such minimums will foster desired rural amenities, protect certain natural resources and that it can, in all cases, be satisfactorily demonstrated that no parking will take place within the street right-of-way. Part of such demonstration will be the requirement that building setbacks be greater than the required minimum front yard setback of § 330-11.
A.
The drainage design for all subdivisions shall conform
to the criteria as outlined in the Highway Department standards.
B.
All stormwaters shall be recharged into the subsurface
groundwater reservoir, and no system will be allowed which directly
discharges such waters into any surface water area or into a fresh
or salt marsh.
C.
Natural drainage or alternate systems may be considered
by the Planning Board, provided that they are engineering feasible
and ecologically sound and recommended by the Superintendent of Highways.
B.
Where a subdivision abuts a highway or in the case
of certain collector streets designated by the Planning Board, the
streets and lots shall be laid out so that there is no direct access
from the lots to such highway or collector street. The lots shall
either back on such highway or collector street, front on an interior
street or front on a marginal road.
(1)
In the case of reversed lots, a limited-access easement
across the rear of the lot shall prohibit ingress to or egress from
the lot to the highway or collector street, and the subdivider shall
provide fencing and/or screen plantings as required by the Planning
Board where acceptable natural woodland cover does not exist.
(2)
In the case of a marginal road, the subdivider shall
construct said road.
C.
Block dimensions.
(1)
The maximum length shall be 1,600 feet. The minimum
length shall be 400 feet.
(2)
The width shall relate to the zoning district requirements
and shall provide for two tiers of lots, if practicable.
(3)
In the case of planned residential development, the
aforementioned dimensions may be varied at the discretion of the Planning
Board.
D.
Special attention shall be given to corner lots to
ensure sufficient size for front yards on each street, one rear yard
and one side yard and leaving adequate building area for an average
house.
E.
Flag lots. The Planning Board may permit a limited
number of flag lots in a residential subdivision plat, provided that
they are well shaped, they are generally larger than the usual lots,
their accessway is essentially straight and not excessive in length
and their arrangement will not create traffic difficulties on the
street system and would not be a means to circumvent a standard lot
and street arrangement which might otherwise result in a generally
better platting of the subdivision and adjacent lands.
[Amended 6-26-1993 by L.L. No. 21-1993[2]]
(1)
To assure that the flag lot is of adequate size and
shape, a flag lot located within the R-10, R-15, R-20, R-40, CR-40,
R-60 and CR-60 Zones shall contain at least 1 1/2 times the lot area
of the applicable zoning district in which it is situated, within
the bulk of the lot, exclusive of the area contained in the flagpole
access strip. A flag lot within all other residential zones shall
contain at least the minimum lot area of the applicable zoning district
in which it is situated, within the bulk of the lot, exclusive of
the area contained in the flagpole access strip.
(2)
In allowing flag lot arrangements in subdivisions,
the Planning Board may require either a formal private lane or common
access driveway to service such lots and may require that such lanes
or common access driveways be made part of the improvements to be
undertaken and made part of a performance bond.
(3)
The Planning Board may adopt further policies or regulations
to assure compliance with these requirements, including design and
legal specifications for the creation of lanes and common access driveways
over such flag lot arrangements.
[2]
Editor's Note: This local law also provided
for the repeal of former Subsections F and G.
[Amended 5-12-1992 by L.L. No. 22-1992; 6-26-1993 by L.L. No. 21-1993; 4-27-2001 by L.L. No. 17-2001[1]]
A.
Subdivision design shall preserve and protect, insofar as possible, natural terrain features such as tidal and freshwater wetlands, beaches, dunelands, steep slopes, bluffs, prime agricultural soils, unique vegetation and animal habitat, floodplains, watercourses, primary sources of groundwater and natural drainage patterns in accordance with the Master Plan, Chapter 330, Zoning, and other applicable laws and ordinances of the Town of Southampton.
B.
All surface waters and wetlands in the Town of Southampton are deemed to be important for the physical and mental well-being of its residents and resort visitors and for the perpetuation of desirable animal and plant species and therefore shall be protected from siltation caused by construction or regrading of perimeter properties, from the influence of induced nitrification caused by fertilization of such perimeter properties and from any other form of probable degradation which might be caused by adjacent land development and use. For the purpose of such protection, the Planning Board may require, as part of its approval of subdivision maps, the dedication of perimeter parkland or easements or covenants to accomplish such protection. Parkland buffer areas or easements shall be dedicated essentially in a natural condition, leaving the movement of silts and fertilizers. For this purpose, 100 feet shall be the minimum width considered for such natural area buffers as measured from the upland edge of the wetland boundary, as defined in § 325-3, except that, in the case of tidal wetlands, wetlands of unique environmental sensitivity and flood-prone areas, more stringent requirements may be deemed necessary in order to protect the public safety or quality of ecological systems. The Planning Board shall review all proposed building lots and parcels as part of all subdivision applications, and lot line transfers and lot line modifications to ensure that any proposed development of such lots and parcels complies with the requirements of Chapter 325. To conform with the purposes and findings listed in §§ 325-1 and 325-2 of Chapter 325, Wetlands, of the Town Code, all subdivision applications shall meet the following criteria:
(1)
All subdivision applications shall delineate the boundaries of all wetlands, as defined in § 325-3, on the plat and within 200 feet of the subject premises. Said application shall also depict on the plat the width, depth and length of all existing structures and proposed building envelopes, sanitary systems, roads, drainageways, stormwater facilities, utility installations, and areas to be cleared, filled, excavated and disturbed within 200 feet of wetlands.
(2)
Every application for every subdivision shall be referred to the Conservation Board for a written evaluation on whether the subdivision complies with Chapter 325, and the Conservation Board must submit a written evaluation to the Planning Board within 30 days.
(3)
To the maximum extent practicable, existing wetlands shall be preserved in their natural state within reserved areas in the proposed subdivision. The Conservation Board and Planning Board shall determine the building envelope, where practicable, in accordance with the recommended setbacks set forth in § 292-39B(6), for each subdivision application that is submitted for final conditional approval that contains wetlands.
(4)
To minimize adverse impacts to wetlands, the Planning Board shall require a specific buffer zone from the wetlands for activities regulated pursuant to § 325-6 of the Town Code. Such buffer zone shall be delineated by declaration or other proper legal instrument filed in connection with the subdivision.
(5)
The Planning Board may attach conditions of approval
relating to wetlands preservation, use and management to the resolution
of final conditional approval. Such conditions may include, but are
not limited to:
(a)
Limitations on building envelope and location.
(c)
Requirements that structures be elevated on
piles to minimize adverse impacts to wetlands and to protect structures
from natural hazards.
(d)
Imposition of deed restrictions concerning future
use and subdivision of lands, such as preservation of undeveloped
areas in open space, and limitation on land disturbance, vegetation
removal, and fertilization.
(e)
Dedication of easements or placement of covenants
to protect wetlands.
(f)
Imposition of buffer zones separating and protecting
the wetland from future activities.
(g)
Establishing setbacks for structures and restrictions
on fill or other activities.
(h)
Creation, restoration or enhancement of an area
of wetlands and/or wetland buffers.
(6)
Subdivision lots containing wetlands and/or lying
within 200 feet of the boundaries of wetlands shall, where practicable,
have sufficient lot depth so that no building envelope will be placed
closer to the wetlands than 100 feet landward of the wetland boundary.
The Planning Board shall also, where practicable, impose a minimum
buffer zone of 100 feet for turf, fertilizers, pesticides, herbicides,
fungicides or similar treatments, landscaping or other clearing or
disturbance of natural vegetation, 125 feet for structures and 150
feet for wastewater disposal and/or sanitary systems.
C.
Any activity which is regulated pursuant to § 325-6 of the Town Code but which is in conformity with the conditions of final subdivision approval relating to wetlands preservation, use and management, which have been set forth pursuant to § 292-39B, shall be exempted from further regulation under Chapter 325. Such activity may be commenced and/or continued subject to the following:
(1)
No activity, including but not limited to building
envelopes, roads, fill, clearing or other land disturbance, shall
be expanded, changed, enlarged or altered in any way that increases
its area or size and/or lessens its wetland setback or buffer zone.
(2)
Such activity must comply with all other conditions
and standards set forth in the resolution of conditional final approval
and any deeds, covenants or easements attached thereto.
(3)
All reasonable mitigation measures must be taken to
ensure that wetlands or their benefits will not be adversely affected.
(4)
The provisions of this section may only be modified by the Planning Board and Conservation Board after due consideration is given to the standards and requirements of §§ 292-39B and C by the Planning Board. Every request for modification, waiver or relief of the conditions of final subdivision approval relating to wetlands preservation, use and management, submitted to the Planning Board shall be referred to the Conservation Board for review and issuance of a written evaluation. Said evaluation shall be forwarded to the Planning Board within 30 days of receipt of the request for modification, waiver and relief. The Planning Board and Conservation Board shall determine if the modification is in accordance with the recommended setbacks set forth in § 325-9 and the provisions of Chapter 325.
D.
The natural vegetation and soils of a subdivision
site shall not be disturbed prior to final plat approval by the Planning
Board except for such minimal disturbance as will be needed and approved
by said Board relative to survey boundary work, excavation of approved
test holes and other acceptable minor site preparation needed for
engineering and planning evaluation.
E.
The Planning Board may require such erosion and sedimentation
control methods as are needed to protect terrain features, including
such methods which are noted in the Erosion and Sediment Control Technical
Handbook prepared by Suffolk County Soil and Water Conservation District.
F.
Subdivision lots having frontage along coastal bluffs
shall have sufficient lot depth so that no dwelling will be placed
closer to the top edge of the coastal bluff than 100 feet.
G.
In
addition, a digital copy of all application materials shall be submitted
in a format determined, and changed as needed, by the Town Clerk.
[Added 3-10-2020 by L.L.
No. 2-2020]
[1]
Editor's Note: This local law also stated
that it applied to all subdivision applications that received final
conditional approval after 5-1-2001.
Local electric power, telephone and cable television
lines shall be placed underground. Utility companies shall place special
emphasis on preserving the vitality and appearance of trees. All utilities
to flag lots shall be placed underground.
A.
In cases where bulkheading is deemed necessary by
the Planning Board and the Town Engineer and the Town Trustees to
protect the coastal areas from erosion caused by storm and tidal action,
it shall be placed in such fashion as not to destroy or alter significant
ecological values of the natural marine edge which are considered
to extend up to and above the mean high water level and to include
all tidal wetlands.
B.
Man-made waterways, such as canals, marinas and similar
constructions, which break the fresh groundwater - saline water interface
shall not be permitted.
A.
Street trees shall be provided in all subdivisions
unless adequate trees, acceptable to the Board and which exist in
their proper locations are left in place and are in a healthy condition.
An exception to this requirement may be considered by the Board where
native woodlands and understory plants are deemed a desirable component
of the localized landscape worthy of natural resources protection,
and where the introduction of formal street trees form an alien intrusion
into such landscapes.
[Amended 3-10-1992 by L.L. No. 4-1992]
B.
Trees shall be of nursery stock of an approved species
grown under the same climatic conditions as at the location of the
development. They shall be of symmetrical growth, free of insect pests
and disease, suitable for street use and durable under the maintenance
contemplated.
C.
The average trunk diameter at a height of six feet
above the finished ground level shall be a minimum of two to three
inches, depending on good practice, with reference to the particular
species to be planted.
D.
Trees shall be planted at intervals of from 40 feet
to 60 feet apart, depending on the species and location of lot lines,
along both sides of the street and shall be located within the right-of-way
where their spacing from the property line shall be determined by
the Planning Board.
E.
Where unique natural landscapes exist, the street
right-of-way shall not be cleared across the entire distance between
property lines. In order to enhance natural edge settings allowing
them to benefit the rural scene of the roadway, the Board may require
a limit of clearing line recommended by the Natural Resources Director.
[Added 3-10-1992 by L.L. No. 4-1992[1]]
[1]
Editor's Note: See Art XIII, Effect of L.L.
No. 4-1992 on Pending and Approved Maps.
[Added 2-27-1990 by L.L. No. 3-1990]
Trails shall be improved in the locations shown
on the final plat and shall be constructed as follows (see standard
details):
A.
Clearing to be four feet wide, with two feet on both
sides, pruned to sufficiently provide for stepping aside. Overhead
tree limbs shall be pruned to height of 12 feet to provide for vertical
clearance. Pruning will be done in accordance with acceptable landscaping
practice. If possible, the trail shall be buffered by a scenic or
conservation easement of such width as is deemed acceptable to the
Planning Board. The Planning Board shall attempt to maximize the width
of such buffer when possible.
B.
Blazes or markers shall be placed equally along the
trail.
C.
Trail warning signs consistent with the New York State
standard signs should be posted at all road crossings. (See standard
details for sign graphics.) Directional trail markings should be posted
along the trail every 100 yards and at additional points where the
trail makes a significant turn. Directional trail markings shall be
consistent throughout the Town.
D.
Trails shall be constructed at a natural grade and
assume an alignment over grade slopes of less than 10% where possible.
E.
The Planning Board may consider modifications to conditions
required above or require additional conditions when recommended by
the Natural Resources Director.
