This chapter shall be known and may be cited as the "Town of
Martinsburg Subdivision Law."
This chapter has been enacted 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.
By the authority of Article 2 and 3 of Municipal Home Rule Law
and Article 16 of the Town Law of the State of New York, the Planning
Board of the Town of Martinsburg is authorized and empowered to approve
preliminary and final plats of subdivisions showing lots, blocks or
sites, with or without streets or highways, and to approve the development
of plats entirely or partially undeveloped, which were filed in the
office of the County Clerk prior to the appointment of the Planning
Board and the grant to the Planning Board of the power to approve
plats.
This chapter shall replace and supersede Part II, Subdivision
Standards, of the Town of Martinsburg Rural Development Code, Local
Law No. 1 of 1980, as subsequently amended.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A form of development for subdivisions that permits a reduction
in lot area requirements for some or all lots in a tract, provided
there is no increase in the number of lots permitted under a conventional
subdivision, and where the resultant land is either:
An authorization by a property owner for the use of any designated
part of a property by another, and for a specific purpose.
A designated parcel or tract of land established by plat,
subdivision, or as otherwise permitted by law, to be developed or
built upon as a unit.
The relocation of lot lines of any lot or parcel, the deed
to which was previously recorded in the office of the County Clerk,
but not including conveyances made so as to combine existing lots
by deed or other instrument.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners, occupants,
and their guests of land adjoining or neighboring such open space.
Any area of land established by plat, subdivision, or as
otherwise permitted by law, regardless of whether it is defined as
a "lot" or whether it is to be developed or built upon as a unit.
The Town of Martinsburg Planning Board.
A map of a subdivision.
A surveyor's plat constructed from deed descriptions
and actual physical building or improvement measurements.
The further division of lots or parcels.
Any driveway, right-of-way, or vehicular access which is
not intended to be used by the public.
Any vehicular way which is: 1) an existing state, county
or Town roadway; 2) shown upon a plat approved pursuant to law as
a public road; 3) approved by other official action; or 4) shown as
a public road on a plat duly filed in the office of the County Clerk
prior to the grant of plat approval authority to the Planning Board.
A public road includes the land within the right-of-way, whether improved
or unimproved.
Any person, firm, corporation, partnership or association,
or their agent, 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
or parcels, including any remainder of the original parcel, with or
without roads, and including lot line adjustment and resubdivision.
A subdivision not classified as a minor subdivision.
A subdivision containing two to five lots or parcels, and
not involving:
The Town Board of the Town of Martinsburg.
A plat where 20% or more of the lots within the plat are
unimproved unless existing conditions, such as poor drainage, have
prevented their development.
Chapter 240, Zoning, of the Code of the Town of Martinsburg, as adopted by Local Law No. 1 of 1998, as subsequently amended.
All potential subdividers are encouraged to meet with the Planning
Board prior to the submission of a formal application for a subdivision
approval. Such a meeting may be used to expedite the review process
by allowing the Planning Board and the applicant to be advised of
the following:
A.
The potential
classification of the subdivision as minor or major.
B.
The requirements
under the State Environmental Quality Review Act.
C.
The possible
involvement of other government agencies in the review process.
D.
The determination
of wetlands and floodplains.
E.
The need
for referral to the county Planning Board pursuant to General Municipal
Law § 239-n.
The Planning Board may waive the application and review procedure
as provided for in this chapter if the Planning Board determines that
the proposed subdivision is of minor significance. Such waiver shall
be in writing, and shall include the following findings:
A.
The proposed subdivision does not involve the creation of more than
two lots.
B.
The proposed subdivision does not involve the construction or extension
of any road.
C.
The applicant has provided evidence acceptable to the Planning Board that all proposed lots conform to the requirements of Chapter 240, Zoning. Such evidence may consist of proposed deeds, plot plans or surveys of the lands included in the proposed subdivision, or of part of the lands included in the proposed subdivision where such part provides the Planning Board with evidence sufficient to make a determination.
D.
The proposed subdivision has no negative environmental significance
pursuant to 6 NYCRR 617.
Proposed subdivisions shall be determined by the Planning Board
to be either minor or major as defined in this chapter, and shall
follow the procedures as summarized below:
A.
Minor subdivision shall follow the procedures of Article II of this chapter, summarized as follows:
B.
Major subdivisions shall follow the procedures of Article III of this chapter, summarized as follows:
(1)
Submission of application for preliminary plat approval.
(2)
Planning Board review.
(3)
Public hearing.
(4)
Planning Board action on preliminary plat.
(5)
Submission of application for final plat approval.
(6)
Planning Board review.
(7)
Public hearing (optional).
(8)
Planning Board action on final plat.
(9)
Filing of plat in office of County Clerk by subdivider.
Fees for subdivision reviews shall be as established by the
Town of Martinsburg Fee Schedule, adopted by resolution of the Town
Board and amended from time to time.
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of Chapter 240, Zoning. In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.
A.
Pursuant to Municipal Home Rule Law § 10 and Town Law § 268,
any person, firm, or corporation who commits an offense against, disobeys,
neglects, or refuses to comply with or resists the enforcement of
any of the provisions of this chapter shall, upon conviction, be deemed
guilty of a violation and subject to fine and/or imprisonment. Any
violation of this chapter is an offense punishable by a fine of not
less than $100 nor more than $350 or imprisonment for a period not
to exceed six months, or both, for conviction of a first offense;
for a conviction of a second offense both of which were committed
within a period of five years, punishable by a fine of not less than
$350 nor more than $700 or imprisonment nor a period not to exceed
six months, or both; and upon conviction for a third or subsequent
offense all of which were committed within a period of five years,
punishable by a fine of not less than $750 nor more than $1,000 or
imprisonment for a period not to exceed six months, or both. However,
for the purpose of conferring jurisdiction on courts and judicial
Officers generally, violation of this chapter shall be deemed classified
misdemeanor for such purposes only; all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
The Town Board may institute any appropriate action or proceedings
to prevent unlawful division of land, to restrain, correct or abate
any violation of this chapter, or to prevent the use or occupancy
of said land; and upon the refusal of the Town Board to institute
any such appropriate action or proceeding for a period of 10 days
after written request by a resident taxpayer of the Town so to proceed,
any three taxpayers of the Town residing in the zoning district wherein
the violation exists, who are jointly or severally aggrieved by such
violation, may institute such appropriate action or proceeding in
like manner as such Town Board is authorized to do.
