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:
AGRICULTURAL DATA STATEMENT
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.
AGRICULTURAL DISTRICT
A district as established pursuant to the provisions of Agricultural
and Markets Law Article 25-AA.
CLUSTER DEVELOPMENT
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.
EASEMENT
An authorization by a property owner for the use by another,
and for a specific purpose, of any designated part of a property.
LOT
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.
PARCEL
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.
PLANNING BOARD
The Town of Lowville Planning Board.
[Amended 10-21-2010 by L.L. No. 2-2010]
PLAT
A map of a subdivision.
PLOT PLAN
A surveyor's plat constructed from deed descriptions
and actual physical building or improvement measurements.
REALLOTMENT
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.
ROAD, PRIVATE
Any driveway, right-of-way or vehicular access which is not
intended to be used by the public.
ROAD, 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.
SUBDIVIDER
Any person, firm, corporation, partnership or association,
or their agent, who shall cause a parcel of land to be divided.
SUBDIVISION
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.
SUBDIVISION, MINOR
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.
TOWN BOARD
The Town Board of the Town of Lowville.
UNDEVELOPED PLAT
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.
ZONING LAW
The Zoning Law of the Town of Lowville adopted by Local Law
No. 4 of 1987, as subsequently amended.
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:
A. Minor subdivision:
(1) Sketch plan conference (optional).
(2) Submission of application for final plat approval.
(5) Planning Board action on final plat.
(6) Filing of plat in office of County Clerk by subdivider.
B. Major subdivision:
(1) Sketch plan conference (optional).
(2) Submission of application for preliminary plat approval.
(5) Planning Board action on preliminary plat.
(6) Submission of application for final plat approval.
(8) Public hearing (optional).
(9) Planning Board action on final plat.
(10)
Filing of plat in office of County Clerk by subdivider.