By the authority of the resolution of the Town
Board of the Town of Shandaken pursuant to the provisions of Article
16 of the Town Law of the State of New York, the Planning Board of
the Town of Shandaken 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 approve
preliminary plats, within that part of the Town of Shandaken outside
the limits of any incorporated city or village.
It is declared to be the policy of the Planning
Board to consider land subdivision plats as part of a plan for the
orderly, efficient and economical development of the town. This means,
among other things, that 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; that proper provision
shall be made for drainage; water supply, sewerage and other needed
improvements; that natural terrain, vegetation and soil shall be conserved
wherever possible; that 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; that 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 Town Development
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; and
that proper provision shall be made for open spaces for parks and
playgrounds. In order that land subdivisions may be made in accordance
with this policy, these regulations, which shall be known as and which
may be cited as the "Town of Shandaken Land Subdivision Regulations,"
were adopted by Shandaken on December 11, 1971, and approved by the
Town Board per Resolution No. 74.
Should any of these regulations conflict or
be inconsistent with any provision of the Town Law, such provision
of the Town Law shall apply.
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all such improvements and requirements
not required by state law as in its judgment of the special circumstances
of a particular plat or plats are not requisite in the interest of
the public health, safety and general welfare or which in its judgment
are inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision or would cause unusual
hardship, provided that the public interest is protected and the development
is in keeping with the general spirit and intent of these regulations,
the Official Map, the Zoning Ordinance[1] and the Town Development Plan, if such exists.
A building permit for erection of a structure
in a development laid out subsequent to the adoption of this chapter
shall not be issued unless the street giving access to the proposed
building appears on a plat approved by the Planning Board and duly
filed with the County Clerk, suitably improved or bonded to cover
the cost of such improvement.
Whenever access to the subdivision is required
across land in another municipality, the Planning Board may request
assurance from the Town Attorney that access is legally established
and from the Town Engineer that the access road is adequately improved
or that a performance bond has been duly executed and is sufficient
in amount to assure the construction of the access road. In general,
lot lines should be laid out so as not to cross town boundary lines.
For a resubdivision, the same procedure, rules
and regulations shall apply as for a subdivision.
