By authority of 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 Somers.
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 with 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.
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. 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
Development Plan, as such may be adopted and amended by the Planning
Board. Streets 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. 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.
A resubdivision, as defined herein, is subject
to the same procedure, rules and regulations applying to an original
subdivision.
A.
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.
B.
Approval by the Town 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 Planning Board
having jurisdiction over that portion lying within the adjacent municipality.
The requirements for the issuance of building
permits in subdivisions shall be as set forth in the Town Board's
resolution of March 11, 1969, entitled "Issuance of Building Permits
Pursuant to Town Law § 280-a, Subdivision 2," and any amendments
thereto.[1]
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 Development 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.
[Amended 1-18-1996 by L.L. No. 2-1996]
A.
Procedure. These regulations are adopted in accordance
with § 271(13) of the Town Law and may be amended in accordance
therewith.
B.
Applicability. Amendments shall take effect on the
date specified in the local law enacting such amendments and shall
apply to any preliminary subdivision plat which has not received conditional
approval prior to such date and to any conditionally approved preliminary
subdivision plat for which a formal application for final subdivision
plat approval is not received within six months of the date of conditional
approval.
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.
