A.
By the authority of the Town Board of the Town of Kent, pursuant
to the provisions of Article 16, § 276, Subdivision 1, of
the Town Law of the State of New York, the Planning Board of the Town
of Kent is authorized and empowered to approve plats showing lots,
with or without streets or highways. Additionally, the Planning Board
is hereby authorized to approve or disapprove revised lot lines with
or without conditions as the Planning Board may impose and in accordance
with the provisions hereof, and to approve the development of entirely
or partially undeveloped plats already filed in the office of the
Putnam County Clerk, and to approve, with or without conditions, preliminary
and final plats within the Town of Kent.
B.
It is declared to be the policy of the Town Board to consider subdivisions
as part of the orderly and desirable development of land. These regulations
provide procedures and standards for the Planning Board in its review
of subdivision plats. The intent of these regulations is to encourage
the most appropriate and best development of land in order to protect
and promote the general health, safety and welfare, which is intended
to include the following:
(1)
To assure that land to be subdivided will produce building sites
of such character and area that will permit their development for
homes or buildings without danger to health or peril from fire, flood
or other menace.
(2)
To facilitate the adequate and efficient provision of community facilities,
services and utilities and require the most desirable and appropriate
systems for drainage, water supply, sewage disposal and other needed
improvements, including any appropriate parks and playgrounds.
(3)
To promote the safe and convenient circulation of vehicles and pedestrians,
and to promote the efficient design, location and construction of
roads, streets, sidewalks, pathways and driveways so as to accommodate
current and future needs.
(4)
To minimize the destruction of the natural character of the land
and promote the conservation of all elements of topography and vegetation
which contribute to the natural beauty of the land.
(5)
To provide, through all subdivision planning and development, for
the privacy of residents while enhancing the general appearance of
the community.
C.
The Planning Board of the Town of Kent is also hereby authorized
and empowered, pursuant to Article 16, § 276, Subdivision
2, of the Town Law, to approve the development of plats, entirely
or partially undeveloped, that were filed in the office of the Putnam
County Clerk prior to the appointment of the Planning Board. The term
"undeveloped" shall mean those plats where 20% or more of the lots
within the plat are unimproved unless existing conditions, such as
poor drainage, have prevented their development.
D.
Pursuant to Article 2, § 10, of the Municipal Home Rule
Law, this chapter is also intended to supersede and amend inconsistent
provisions of Town Law § 276, Subdivision 8, by eliminating
the provisions for default approval resulting from the Planning Board's
failure to take any action or hold any hearing on a preliminary or
final plat within the statutory time periods.
E.
Pursuant to Article 2, § 10, of the Municipal Home Rule
Law, this chapter is also intended to supersede and amend inconsistent
provisions of Town Law § 276, Subdivision 5(h), by extending
the time for submission of a final plat which has been the subject
of a preliminary subdivision approval from six months to 18 months
due to the time applicants require to obtain outside agency approvals
for sewage disposal, water supply and erosion control facilities for
residential and nonresidential projects. Additionally, the Planning
Board is authorized to extend the period to file a final plat by up
to additional periods of six months each.
F.
Pursuant to Article 2, § 10, of the Municipal Home Rule
Law, this chapter is also intended to supersede and amend inconsistent
provisions of Town Law § 276, Subdivision 7(c), by extending
the time for submission of a conditional final plat from 180 days
to one year due to the time required to obtain outside agency approvals
for sewage disposal, water supply and erosion control facilities for
residential and nonresidential projects.
G.
This chapter may be amended by the Town Board by local law after
due notice and public hearing.
This chapter shall be known and may be cited as the "Subdivision
of Land."
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered or
as determined by such judgment.
