This chapter is adopted by authority of the
resolution of the Town Board of the Town of Southeast, adopted on
October 10, 1955, pursuant to the provisions of Article 16 of the
Town Law of the State of New York, as amended; § 10 of the
Municipal Home Rule Law of the State of New York; and § 10,
Subdivision 6, of the Statute of Local Governments. This chapter is
intended to be consistent with Article 16 of the Town Law of the State
of New York. Specifically, to the extent that any provision of this
chapter is inconsistent with Article 16 of the Town Law of the State
of New York, including §§ 276 and 277, this chapter
shall supersede such provision of Article 16 pursuant to Municipal
Home Rule Law § 10.
The Planning Board of the Town of Southeast
is authorized and empowered to approve plats showing lots, blocks
or sites, with or without streets or highways, to approve the development
of entirely or partially undeveloped plats already filed in the office
of the Clerk of the county and to conditionally approve preliminary
plats within the part of the Town of Southeast outside the limits
of the Village of Brewster. Such subdivision into blocks, lots or
sites is permitted only if approved by the Planning Board in accordance
with the procedures and requirements as herein set forth and only
if the approved plat is duly filed in the office of the County Clerk
of Putnam County, New York.
It is declared to be the policy of the Planning
Board to consider land subdivision plats as part of the plan for the
orderly, efficient and economical development of the Town. This means,
among other things, that:
A.
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.
B.
Proper provision shall be made for drainage, water
supply, sewerage and other needed improvements.
C.
All proposed lots shall be so laid out and of such
size as to be in harmony with the development pattern of the neighboring
properties.
D.
The proposed streets shall compose a convenient system
conforming to the Official Map, if such exists, and shall be properly
related to the proposals shown on the Comprehensive Plan, if such
exists, and shall be of such width, grade and location as to accommodate
the prospective traffic, to facilitate fire protection and to provide
access of fire-fighting equipment to buildings.
E.
Safe driveway and pedestrian access shall be provided
to each proposed lot.
[Amended 4-9-2020 by L.L. No. 4-2020]
F.
Proper provision shall be given to the preservation
and potential enhancement of existing natural features and other assets
of a community nature.
G.
A means more rigorous and effective than is presently
provided under New York Town Law shall be provided for assuring the
satisfactory completion and performance of all proposed public improvements.
The system of performance bonds provided under New York Town Law as
an alternative to the prior completion of public improvements in a
subdivision is deficient in providing for and protecting the public
health, safety and welfare as inflation, inadequately completed improvements,
unmeritorious defenses to enforcement of bonds and the high cost of
enforcing surety bonds may result in failure to properly complete
public improvements, hardship to purchasers of properties in the subdivisions
and to the general public and unjust enrichment of owners, subdividers
and developers of subdivisions.
In order that land subdivisions may be made
in accordance with the authority, jurisdiction and policy as set forth
above, this chapter is hereby adopted.
This chapter shall supersede any earlier-dated
regulations or revisions of the Town of Southeast Land Subdivision
Regulations. This chapter does not repeal, abrogate, annul or in any
way impair or interfere with any existing provisions of other laws,
rules, regulations, ordinances, standards and codes or covenants.
Any other laws, rules, regulations, ordinances, standards, codes and
permits previously adopted or issued, pursuant to law, relating to
the subdivision shall apply where they impose greater requirements
upon land, structures, uses or improvements than are imposed or required
by such other existing or previously adopted laws, rules, regulations,
ordinances, standards and codes. This chapter shall be interpreted
and applied as the minimum requirements to promote the public health,
safety and general welfare.
