[Amended 7-1-1986]
By authority of the resolution of the Town Board, pursuant to the provisions of Article 16 of the Town Law, the Planning Board has the power and authority to review and approve or disapprove plats showing lots, blocks or sites, with or without streets or highways, within the Town of Lewisboro.
If a parcel of land is to be subdivided, before offering land for sale by reference to a plat or referring to the plat in deeds, the owner is required by law to submit the plat of the parcel to the Planning Board for its approval and then to file the approved plat in the office of the County Clerk. The location and design of new streets, if any, must also be approved by the Planning Board, and, therefore, the construction of new streets shall not be started until this approval has been obtained.
A. 
It is declared to be the policy of the Town Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the Town. As set forth in substance in §§ 276 and 277 of the Town Law, land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and without adverse impact on public resources.
B. 
Proper provision shall be made for drainage, water, sewerage and other needed improvements. The proposed streets shall compose a convenient system conforming to the Official Map and shall be properly related to the proposals shown on the Town Master Plan, as such may be adopted and amended by the Planning Board. Streets and common driveways, where permitted by the Planning Board, shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection.
C. 
The subdivision and development of land shall reflect the goals, policies and recommendations of the Town Master Plan and, in particular, protect environmentally sensitive land areas and incorporate community aesthetic concerns. In proper cases and when required by the Planning Board, a park area or areas of suitable location, size and character for playground or other recreational purposes shall be shown on the subdivision plat.
D. 
No approval or conditional approval shall be issued pursuant to this chapter if there is an outstanding violation or unpaid fine with regard to the property that is the subject of such application. Notwithstanding the above, a conditional approval may be issued to specifically address an outstanding violation or to address an immediate hazardous condition in the interest of the health, safety and welfare of the community. In the case of unpaid fines, no application shall be processed until such fine is paid.
[Added 11-9-2020 by L.L. No. 9-2020]
[Added 5-15-2007 by L.L. No. 2-2007]
By Local Law No. 2 of the Year 2007, the Town of Lewisboro has adopted the Compact Plan,[1] as amended from time to time, as a statement of policies, principles, and guides to supplement other established land use policies in the Town. In its discretionary actions under this chapter, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[1]
Editor's Note: See Ch. 215, Westchester County Greenway Compact Plan.
A resubdivision, as defined herein, is subject to the same procedure, rules and regulations applying to an original subdivision except as otherwise permitted and regulated by § 195-13.
A. 
Approval by the Planning Board shall be granted only for that portion of the subdivision lying within the Town, and such approval shall be contingent upon approval by the appropriate municipal agency having jurisdiction over that portion lying within the adjacent municipality.
B. 
Whenever access to a proposed subdivision can be had only across land in another municipality, the subdivider shall furnish proof, satisfactory to the Planning Board, that such access has been legally established, and the Planning Board shall be notified by the Town Engineer that such access has been adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the adequate construction of the access street. The Planning Board shall condition its approval of those parts of a subdivision which have access only across land in another municipality by providing that no building permits shall be issued on lots within the Town until such access to them has been properly established.
No permit for the erection of any building on any lot in a proposed subdivision shall be issued unless the subdivision has been duly approved by the Planning Board, the plat has been duly filed in the office of the County Clerk and the street or common driveway giving access to said lot has been suitably improved to the satisfaction of the Planning Board or a performance bond as required by the Planning Board has been duly filed with the Town.
A. 
When a performance bond has been filed with the Town, no building permits will be issued until the required improvements have been substantially completed in accordance with these regulations.
B. 
In accordance with the requirements of the Zoning Ordinance,[1] the Building Inspector may issue a single building permit based upon the entire tract of land where there is no other existing principal use within the proposed subdivision. To prevent disapproval of the subdivision, the location of the proposed building must be in accordance with the approved preliminary plat.
[1]
Editor's Note: See Ch. 220, Zoning.
Where the Planning Board finds that, because of special circumstances of a particular case, extraordinary hardships may result from strict compliance with these regulations, it may adjust the regulations so that substantial justice may be done and the public interest secured, provided that any such adjustment will not have the effect of nullifying the intent and purpose of these regulations, the Town Master Plan or the Official Map of the Town. In granting any adjustment, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so adjusted.
A. 
Procedure. The Planning Board may adopt amendments to these regulations after a public hearing and subject to the approval of the Town Board. Notice of the time, place and purpose of such hearing shall be given by publication in the official Town newspaper at least five days prior to the date on which it is to be held. A copy of the amendment to be considered shall be placed on file in the office of the Town Clerk, where it shall be available for public inspection during normal working hours for a period of at least five days before such hearing.
B. 
Applicability. Amendments shall take effect on the date of Town Board approval and shall apply to any preliminary subdivision which has not received conditional approval prior to such date and to any conditionally approved subdivision where an application for final approval is not received within six months of the date of conditional approval.
Should any of these regulations conflict or be inconsistent with any provision of the Town Law, such provision of the Town Law shall apply.
In order that land may be subdivided and improved in accordance with the authority, jurisdiction and policy of the Town, these regulations are hereby adopted.