Whenever any subdivision of land is proposed to be made and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
[Amended 11-14-1994 by L.L. No. 2-1994]
Whereas, pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter
134, Zoning, i.e., clustering and zero lot line, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands, the following shall be the procedure:
A. Standards.
(1) The Town of Lenox Planning Board may make such modifications only
with respect to the lands within special development areas.
(2) The minimum acreage to which this section may be applicable shall
be 10 acres, except that, where public services, sewer and/or water
are available, the Planning Board may determine the minimum size.
(3) No subdivision shall be approved by the Planning Board pursuant to
this section which shall not reasonably safeguard the appropriate
use of adjoining land.
(4) In the event that the utilization of this section results in a plat
showing lands available for park, recreation or other municipal purposes,
the Planning Board may impose such conditions on the ownership, use
and maintenance of such lands as it deems necessary to assure the
preservation of such lands for their intended purposes and may, further,
in the case of lands to be retained in open space, require that such
lands be restricted by deed restriction, restrictive covenant, conveyance
of a scenic easement or other appropriate means against any development
or land use inconsistent with their retention in open space.
(5) The provisions of this section shall not be deemed to authorize a
change in the permissible use of such lands as provided in other Town
regulations or ordinances.
B. Procedures.
(1) Request by subdivider. A subdivider may request the use of § 278 of Town Law simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article
III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review.
(2) Sketch plat. A subdivider shall present, along with a proposal in accordance with the provisions of § 278, a standard sketch plat which is consistent with all the criteria established by this chapter, including but not limited to streets being consistent with Chapter
110, Streets and Sidewalks, and lots being consistent with Chapter
134, Zoning.
(3) Plat submission. Upon determination that such sketch plat is suitable
for the procedures under § 278 of Town Law and subsequent
to the resolution authorizing the Planning Board to proceed, a preliminary
plat meeting all the requirements of the resolution shall be presented
to the Planning Board, and thereafter the Planning Board shall proceed
with the required public hearings and all other requirements of this
chapter.
(4) Filing; notation on Zoning Map. On the filing of a plat in the office
of the County Clerk in which § 278 has been used, the subdivider
shall file a copy with the Town Clerk, who shall make appropriate
notations and reference thereto in the Town Zoning Ordinance Map. The Secretary of the Planning Board shall notify the Building
Inspector when such a plat is filed.