Whenever any subdivision of land is proposed
to be made and before any contract for the sale of or any offer to
sell any lots in each subdivision or any part thereof is made, and
before any permit required for site development or the erection of
a structure in such proposed subdivision shall be granted, the subdivider
or his duly authorized agent shall apply in writing for approval of
such proposed subdivision in accordance with the following procedures.
Whereas pursuant to resolution of the Town Board
the Zoning Board of Appeals is empowered to modify applicable provisions
of the Zoning Ordinance in accordance with the provisions of § 281
of the Town Law for the purpose of enabling and encouraging flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economic
use of streets and utilities and to preserve the natural and scenic
qualities of open lands, the following shall be the procedure and
standards:
A. Request for subdivider. A subdivider may request the
use of § 281 of the Town Law of New York State simultaneously
with or subsequent to presentation of the sketch plan as per procedures
described in this article. Any submission subsequent to preliminary
approval of a plat shall require a reapplication for sketch plat review.
B. Sketch plan. A subdivider shall present, along with
a proposal in accordance with the provisions of § 281 of
the Town Law of New York State, a standard sketch plat which is consistent
with all the criteria established by these Subdivision Regulations,
including but not limited to streets being consistent with the street
specifications and lots being consistent with the Zoning Ordinance.
C. Park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat showing land
available for park, recreation, open space or other municipal purposes
directly related to the plat, then conditions as to ownership, use
and maintenance of such lands as are necessary to assure the preservation
of such lands for their intended purposes shall be set forth by the
Zoning Board of Appeals.
D. Plat submission. Upon a determination that such sketch
plat is suitable for the procedures under § 281 of the Town
Law of New York State and subsequent to the resolution authorizing
the Zoning Board of Appeals to proceed, a preliminary plat meeting
all of the requirements of the resolution shall be presented to the
Zoning Board of Appeals, and thereafter the Zoning Board of Appeals
shall proceed with the required public hearings and all other requirements
of these regulations.
E. Filing, notation on Zoning Map. Upon the filing of
a plat in the office of the County Clerk in which § 281
of the Town Law of New York State has been used, the subdivider shall
file a copy with the Town Clerk, who shall make appropriate notations
and reference thereto in the Town Zoning Ordinance Map. The Secretary
of the Zoning Board of Appeals shall notify the Town Enforcement Officer
when such a plat is filed.