This chapter shall be known and may be cited as the "Town of
Lowville 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 Articles 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 Lowville is authorized and empowered to approve
preliminary and final plats of subdivisions showing lots, blocks or
sites, with or without streets or highways, within that part of the
Town of Lowville outside the limits of any incorporated village, 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 the Town of Lowville
Subdivision Regulations adopted by the Planning Board on May 14, 1984,
and approved by the Town Board on June 14, 1984, and A Local Law to
Affirm Plat Approval Powers of the Planning Board and to Provide Penalties
for Offenses Against the Subdivision Regulations of the Town of Lowville,
N.Y., Local Law No. 2 of 1984.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
An identification of land used for agricultural purposes,
such as land used in agricultural production, farm buildings, equipment
and farm residential buildings which are within an agricultural district
and which are also located within 500 feet of the boundary of property
upon which a subdivision of land is proposed; pursuant to Town Law
§ 283-a.
A district as established pursuant to the provisions of Agricultural
and Markets Law Article 25-AA.
A form of development for subdivisions that permits a reduction
in lot area requirements for some or all lots in a tract, provided
that there is no increase in the number of lots permitted under a
conventional subdivision, and where the resultant land is either devoted
to permanent open space, or is permanently combined with the remainder
of the lots, where only some of the lots are reduced in area.
An authorization by a property owner for the use by another,
and for a specific purpose, of any designated part of a property.
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.
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 Lowville Planning Board.
[Amended 10-21-2010 by L.L. No. 2-2010]
A map of a subdivision.
A surveyor's plat constructed from deed descriptions
and actual physical building or improvement measurements.
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.
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 an existing state, county or Town
roadway; or is shown upon a plat approved pursuant to law as a public
road; or is approved by other official action; or is shown on a plat
duly filed in the office of the County Clerk prior to the grant of
plat approval authority to the Planning Board; and includes the land
between the road lines, whether improved or unimproved.
Any person, firm, corporation, partnership or association,
or their agent, who shall cause a parcel of land to be divided.
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 reallotment and resubdivision.
A subdivision not classified as a minor subdivision.
A subdivision containing two to four lots or parcels and
not involving the creation of any new public road, the dedication
of public lands, the extension of municipal facilities or other structural
public improvements other than minor drainage facilities or the set-aside
of public open space through cluster development.
The Town Board of the Town of Lowville.
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.
The Zoning Law of the Town of Lowville adopted by Local Law
No. 4 of 1987, as subsequently amended.[1]
B.
The Planning Board may retain consulting services from engineers,
architects, landscape architects, lawyers, planners or other professional
services during the course of subdivision plat reviews conducted pursuant
to this chapter. The subdivider shall pay any actual costs attributable
to a consultant's review of an application. The Planning Board
may require a subdivider to deposit such funds as may be necessary
to pay for these services with the Town in advance.
A.
Any violation of this chapter is an offense punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for 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
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 upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
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.
Proposed subdivisions shall be determined by the Planning Board to be either minor or major, as defined in § 240-5 above, and shall follow the procedures as summarized below:
B.
Major subdivision:
(1)
Sketch plan conference (optional).
(2)
Submission of application for preliminary plat approval.
(3)
Planning Board review.
(4)
Public hearing.
(5)
Planning Board action on preliminary plat.
(6)
Submission of application for final plat approval.
(7)
Planning Board review.
(8)
Public hearing (optional).
(9)
Planning Board action on final plat.
(10)
Filing of plat in office of County Clerk by subdivider.
