By authority of the resolution adopted by the
Town Board on the 12th day of June 1962, pursuant to the provisions
of Article 16 of the Town Law, the Planning Board of the Town of Fallsburg
has the power and authority to approve plans for subdivisions of land
within that part of the Town of Fallsburg outside the limits of any
incorporated village. All land subdivision shall hereafter be subject
to the following regulations which are adopted for the purpose of
providing for the future growth and development of the Town and affording
adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its population.
For the purpose of these regulations, the following
words and terms shall have the meaning indicated:
BOND
A performance bond duly issued by a bonding or surety company
approved by the Town Board with security acceptable to the Town Board
or a performance bond duly issued by the developer-obligor accompanied
by security in the form of cash or certified check deposited with
the Town Board in an amount to be approved by the Planning Board and
Town Board. The cash may be withdrawn after the work has been performed
as certified by the Town Engineer with a 10% holdout until acceptance
by the Planning Board.
BUILDING
Any structure constructed or used for residence, business,
industry, or other public or private purposes, or accessory thereto;
including tents, lunch wagons, dining cars, mobile homes, billboards,
signs and similar structures, whether stationary or movable.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or not enclosed, but does not include steps, eaves, cornices,
and similar fixtures.
COMPREHENSIVE PLAN
A comprehensive plan for the development of the Town as authorized
in § 272-a of the Town Law.
DWELLING
A building designed or used primarily as the living quarters
for one or more families.
EASEMENT
A grant by the property owner of the use of a strip of land
by the public, a corporation of persons, for specified purposes.
ENGINEER
Unless otherwise hereinafter indicated, means the duly designated
licensed professional engineer of the Town of Fallsburg, or if there
be no such official, a licensed professional engineer employed by
the Town Board.
LOT
A piece, parcel or plot of land occupied, or to be occupied,
by a principal building and its accessory building or buildings and
includes the yards or other open spaces required by these regulations.
OFFICIAL MAP
A map established by the Town Board under § 270
of the Town Law, showing the streets, highways, and parks theretofore
laid out, adopted and established by law and all changes or additions
thereto made under the provisions of the Town Law.
OWNER
The owner of the land proposed to be subdivided, or his agent.
PLAT or FINAL SUBDIVISION PLAT
The final map, drawing or chart upon which the owner's plan
of subdivision is presented to the Planning Board for approval, and
which, if approved, will be submitted to the County Clerk for recording.
PRELIMINARY PLAT
The preliminary drawings and supplementary material indicating
the proposed layout of the subdivision to be submitted to the Planning
Board for its consideration.
STREET
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, thruway, road, avenue, boulevard,
lane, cul-de-sac, place or however otherwise designated.
A.
ARTERIAL STREETS AND HIGHWAYS— Those used
primarily for fast or heavy traffic.
B.
COLLECTOR STREETSThose which carry traffic from local streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry some through traffic.
C.
MINOR STREETSThose which are used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways which provide access to abutting properties and protection from through traffic.
E.
CULS-DE-SACMinor streets with one end open for public vehicle and pedestrian access and the other end terminating in a vehicular turnaround.
F.
SERVICE DRIVESMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET LINE
The right-of-way line of a street as indicated by dedication
or by deed of record.
SUBDIVISION
The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development,
or, if a new street is involved, any division of a parcel of land;
provided that a division of land for agricultural purposes into lots
or parcels of five acres or more and not involving a new street shall
not be deemed a subdivision. The term includes resubdivision and,
when appropriate to the context, shall relate to the process of subdividing
or to the land subdivided.
YARD, FRONT
An open space extending across the entire width of the lot
between the front line of building and the street line, into which
space there shall be no extension of building parts other than steps,
eaves, cornices and similar fixtures.
YARD, REAR
An open space extending across the entire width of the lot
between the rear wall of the building and the rear line of the lot
and into which space there shall be no extension of building parts
other than steps, eaves, cornices and similar fixtures.
YARD, SIDE
An open unobstructed space on the same lot between the building
and the side line of the lot and extending through from the front
yard to the rear yard into which space there shall be no extension
of building parts other than steps, eaves, cornices and similar fixtures.
When any subdivision of land is proposed to
be made and before any contract for the sale of, or any offer to sell
such subdivision or any part thereof, is made, and before any building
permit shall be granted, the procedure outlined below will be observed:
A. Preapplication procedure.
(1) Previous to the filing of an application for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan and data as specified in §
260-6. This step does not require formal application fee or filing of plan with the Planning Board.
(2) Within 30 days, the Planning Board shall inform the
subdivider that the sketch plan and data as submitted, or as modified,
do or do not meet the objectives of these regulations and it shall
express its reasons therefor.
(3) When the subdivider has been notified that the sketch
plan has met the objectives, he shall then consult the New York State
Department of Health and Water Resources Commission if his proposed
subdivision is five or more lots. If the subdivision is located within
500 feet of a municipal boundary at any point, it shall be referred
to the County Planning Board for coordination.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(4) If the subdivision is to utilize a form of subsurface
leaching, the subdivision engineer should prepare the preliminary
plat only after an inspection and percolation tests have been made
of the property in accordance with the requirements of the New York
State Department of Health.
(5) If the installation of a public sewer system is involved,
the subdivider shall consult with the New York State Department of
Health and the Town Board and prepare the preliminary plat in accordance
with their requirements.
B. Preliminary plat procedure.
(1) On reaching conclusions informally as recommended in this section above, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in §§
260-4 and
260-6.
(2) Two copies of the preliminary plat and supplementary
material specified shall be submitted to the Planning Board with two
copies of the application for conditional approval at least 14 days
prior to the meeting at which it is to be considered.
(3) Following review of the preliminary plat and other
material submitted for conformity thereof to these regulations, and
negotiations with the subdivider on changes deemed advisable and the
kind and extent of improvements to be made by him, the Planning Board,
shall, within 62 days, act thereon as submitted or modified, and if
approved, the Planning Board shall express its approval as conditional
approval and state the conditions of such approval, if any, or if
disapproved, shall express its disapproval and its reasons therefor
in the minutes of the meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
(4) The action of the Planning Board shall be noted on
the two copies of the preliminary plat, referenced and attached to
any conditions determined. One copy shall be returned to the subdivider
and the other retained by the Planning Board.
(5) For any subdivision or portion of subdivision, the
Planning Board will state in writing the character and extent of required
public improvements for which waivers may have been requested by the
subdivider and which in the opinion of the Planning Board may be waived
without jeopardy to public health, safety, morals, and general welfare
or which were inappropriate because of inadequacy or lack of connecting
facilities adjacent to or in proximity to the proposed subdivision.
(6) Approval of a preliminary plat shall not constitute
approval of the final plat. Rather it shall be deemed as expression
of approval to the layout submitted on the preliminary plat, as a
guide to the preparation of the final plat which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
approval, if any.
C. Final plat procedure.
(1) The final plat shall conform substantially to the
preliminary plat as approved, and, if desired by the subdivider, it
may constitute only that portion of the approved preliminary plat
which he proposes to record and develop at the time; provided, however,
that such portion conforms to all requirements of these regulations.
(2) After three copies of the final plat have been approved
by the New York State Department of Health, they may then be submitted,
with three copies of the application for approval of the final plat,
to the Planning Board at least 14 days prior to the meeting at which
it is to be considered.
(3) The three copies of the final plat and other exhibits required for approval shall be prepared as specified in §§
260-4 and
260-6 and shall be submitted to the Planning Board within six months after approval of a preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.
[Amended 5-11-2010 by L.L. No. 7-2010]
(4) Before approval of the final plat is given, a public
hearing shall be held by the Planning Board. This hearing shall be
advertised at least once in the official Town newspaper or a newspaper
of general circulation in the Town if there is no official paper and
a notice of hearing posted in at least three prominent places at least
five days before the hearing.
(5) Within 62 days following the public hearing on the
final plat, the Planning Board shall:
[Amended 5-11-2010 by L.L. No. 7-2010]
(a) Review the final plat and other material submitted for conformity
thereof to these regulations;
(b) Act thereon as submitted or modified; and
(c) If approved, express its approval, if disapproved, state its reasons
therefor in the minutes of the meeting.
(6) If the final subdivision plan is approved by the Planning
Board, an appropriate notation to that effect will be made on the
face of the linen prints. One copy will be retained by the Planning
Board and the other two copies will be returned to the owner.
(7) The owner shall file one of his copies of the approved
final subdivision plan with the County Clerk within 62 days after
the approval by the Planning Board. If the final subdivision plan
is not filed within this period, the approval shall expire, as provided
in § 276 of the Town Law.
(8) Notwithstanding the foregoing provisions of this section,
the Planning Board may extend the time for filing and recording such
plat if in its opinion such intention is warranted by the particular
circumstances thereof.
D. Property
violations. If a violation notice has been or is issued to the subject
property, the Code Enforcement Officer, with written approval from
the Planning Board Chairperson, may prohibit and/or remove the application
from the Planning Board meeting agenda until such violation(s) are
remedied, unless the purpose of the application is to remedy such
violation(s).
[Added 11-14-2022 by L.L. No. 12-2022]
[Amended 5-11-2010 by L.L. No. 7-2010]
Fees shall be paid to the Planning Board at
the time of filing of the preliminary application, in such amounts
as shall be set from time to time by resolution of the Town Board.