By the authority of the resolution of the Town Board of the
Town of Kingsbury, adopted on December 8, 1980, pursuant to the provisions
of Article 16 of the Town Law of the State of New York, the Planning
Board of the Town of Kingsbury 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 conditionally
approve preliminary plats within the Town of Kingsbury. 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 provisions 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, if such exists, and shall be properly related to the proposals
shown on the Master 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 subdivision may be made
in accordance with this policy, this part which shall be known as
and which may be cited as the "Town of Kingsbury Land Subdivision
Regulations" have been adopted by the Planning Board on November 19,
1980, and approved by the Town Board on December 8, 1980.
For the purpose of this part, certain words and terms herein
are defined as follows:
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
Washington County.
A street or a portion of a street with only one vehicular
traffic outlet.
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.
A 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.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of municipal facilities.
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.
A street intended to serve primarily as an access to abutting
properties.
Any subdivision containing 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 the Master Plan,
Official Map or Zoning Ordinance,[1] if such exist, or this part. Successive minor subdivision
may be considered as a major subdivision.[2]
The Planning Board of the Town.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article IV, § 240-21, of this part, submitted to the Planning Board for the purposes of consideration 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.
Includes streets, roads, avenues, lanes or other trafficways
between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of 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
resubdivision.
[Amended 6-27-1988; 3-13-2000 by L.L. No. 3-2000]
This shall not apply to the sale of a small amount of land to
correct the boundary of a lot if such sale or exchange does not create
an additional lot according to the zoning regulations.[3]
A division of lands into parcels of three acres or more, each
having a lot width of 300 feet or more at the setback line along a
Town, county or state road, with utilities, or the division of any
parcel fronting on a residential district into two lots, each conforming
in every respect to the dimensional requirements of the zoning district
in which it is located, shall not be a subdivision under this part.
In or to be exempt under Subsection B of this definition, the applicant shall provide to the Code Enforcement Officer a Mylar plot plan demonstrating compliance with this section. Thereafter, said Mylar plot plan shall be filed with the County Clerk in the County of Washington.
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by this part
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 Town of Kingsbury.
The duly designated Engineer of the Town.
