A.
By the authority of the resolution of the Town Board of the Town
of Poestenkill adopted on March 23, 1967, pursuant to the provisions
of Article 16 of the Town Law of the State of New York, the Planning
Board of the Town of Poestenkill 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,
with or without modification, preliminary plats within the Town of
Poestenkill.
B.
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 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 and the Master Plan, if such exist, 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.
C.
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 Poestenkill Land Subdivision Regulations," have
been adopted by the Planning Board on September 16, 1968, and approved
by the Town Board on October 16, 1968.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for all purposes of this chapter.
A system utilized for the collection and disposal of sewage
or other wastes of liquid nature, including the various devices for
the treatment of such wastes, serving more than one lot, whether owned
by a municipal corporation or private utility.
A source of water and necessary appurtenances, together with
a distribution system serving more than one lot, whether owned by
a municipal corporation or private utility.
A pipe intended to carry domestic waste at such future time
as sewerage and treatment facilities are constructed.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including grading, pavement,
curb, gutter, storm sewers and drains and betterments to existing
watercourses, sidewalks, street signs, crosswalks, shade trees, sodding
or seeding, street name signs, monuments, etc.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage or other liquid wastes into
the soil of the lot.[1]
A single system of piping, tanks or other facilities together
with a source of water intended to supply only a single lot.
The relocation or revision of the boundary line of a lot
to change the area of said lot and of an existing adjacent lot or
lots, which revision is intended to correct boundary problems and
which does not create any additional number of lots. A lot line adjustment
shall not be considered a subdivision or a resubdivision.
[Added 3-21-2013 by L.L.
No. 2-2013; amended 3-18-2021 by L.L. No. 1-2021]
Said revision may result in a nonconforming lot or lots becoming
a single conforming lot, and there shall be no limit to the number
of adjacent nonconforming lots which may be combined to form a single
conforming lot. In no event shall such revision result in the creation
of more than one conforming lot. The determination as to whether any
proposed action constitutes a lot line adjustment in accordance with
the foregoing criteria shall be within the reasonable interpretation
and discretion of the Planning Board and shall only be considered
upon application made and good cause shown by the owner(s) of the
affected lots. If the Planning Board so determines, and provided,
further, that the proposed action neither creates nor increases any
significant planning issues with respect to the existing or potential
future use of any involved parcel(s), the Planning Board may, at its
discretion, declare the proposed action to be a lot line adjustment
and thereby exempt such proposed action from any further subdivision
review pursuant to this chapter, whereupon it shall direct the Chairperson
to approve the proposed action.
Anything hereinabove to the contrary notwithstanding, in the
event the Planning Board is of the opinion that the primary purpose
and intent of the proposed action is to develop the affected lot(s)
in circumvention of the otherwise applicable subdivision review and
proceedings, the application to treat such action as a lot line adjustment
may properly be denied. Further, in the event the Planning Board is
of the opinion that any problem of lot nonconformity may be reasonably
resolved by means of an area or setback variance, the Planning Board
may refer the applicant to the Zoning Board of Appeals to first apply
for such relief and provide that only if such variance is denied will
the proposed action be considered by the Planning Board as a lot line
adjustment as provided herein.
Any subdivision not classified as a "minor subdivision,"
including, but not limited to, subdivisions resulting in five or more
lots or any subdivision requiring any new street or extension of municipal
facilities. In addition, whenever, as the result of repeated minor
subdivisions of the same parcel within a five-year period, a proposed
subdivision would result in the creation of five or more lots from
the original parcel within said five-year period, said proposed subdivision
will be deemed a major subdivision.
[Amended 9-16-2010 by L.L. No. 7-2010]
A comprehensive plan, prepared by the Planning Board pursuant
to § 272-a of the Town Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
Town, and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
Any subdivision resulting in not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of this chapter. The
foregoing notwithstanding, whenever, as the result of repeated minor
subdivisions of the same parcel within a five-year period, a proposed
subdivision would result in the creation of five or more lots from
the original parcel within said five-year period, said proposed subdivision
will be deemed a major subdivision.
[Amended 9-16-2010 by L.L. No. 7-2010]
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
The Planning Board of the Town.
A drawing or drawings clearly marked "preliminary plat," showing the layout of a proposed subdivision, as specified in § 195-23, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
Any alteration of lot lines or dimensions of any lots or
sites shown on a plat previously approved and filed in the Office
of the County Clerk including any change that affects any street layout
shown on such plat or area reserved thereon for public use.
[Added 3-21-2013 by L.L.
No. 2-2013]
A sketch of a proposed subdivision showing a general layout
of the proposed development, including its relationship to physical
features, adjacent streets and highways and developed areas.
Includes streets, roads, avenues, lanes or other traffic
ways, between right-of-way lines.
MAJOR STREETA street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy-traffic-generating areas.
MINOR STREETA street intended to serve primarily as an access to abutting properties.
COLLECTOR STREETA street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
DEAD-END STREET or CUL-DE-SACA street or a portion of a street with only one vehicular traffic outlet.
MARGINAL ACCESS STREETA minor street parallel to and adjacent to a major street, which provides access to abutting properties.[2]
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
resubdivisions of any plat which is entirely or partially undeveloped.
In addition, any division of land containing a new street shall be
considered a subdivision.
[Amended 9-16-2010 by L.L. No. 7-2010; 3-21-2013 by L.L. No. 2-2013]
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by this chapter
to be presented to the Planning Board for approval and which, if approved,
may be duly filed or recorded by the applicant in the office of the
County Clerk.
A person licensed as a land surveyor by the State of New
York.
The duly designated Engineer of the Town.
