[Amended 11-18-2015 by L.L. No. 9-2015]
By authority of the resolution of the Town Board, pursuant to
the provisions of Article 16 of the Town Law, the Planning Board has
the power and authority to review and approve or disapprove plats
showing lots, blocks or sites, with or without streets or highways,
within the Town of North Castle. 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.
If a parcel of land is to be subdivided, before offering such
land for sale by reference to a plat or referring to the plat in deeds,
the owner is required by law to submit the plat of the parcel to the
Planning Board for its approval and then to file the approved plat
in the office of the County Clerk. The location and design of new
streets, if any, must also be approved by the Planning Board, and,
therefore, the construction of new streets shall not be started until
this approval has been obtained.
[Amended 11-18-2015 by L.L. No. 9-2015]
It is declared to be the policy of the Town Board to consider
land 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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
To provide,
through all subdivision planning and development, for the privacy
of family residents while enhancing the general appearance of the
community.
[Added 6-8-2006 by L.L. No. 10-2006]
By Local Law No. 10 of the year 2006, the Town of North Castle
has adopted the Compact Plan, as amended from time to time, as a statement
of policies, principles, and guides to supplement other established
land use policies in the Town. In its discretionary actions under
this chapter, the reviewing agency should take into consideration
said statement of policies, principles and guides, as appropriate.
For a resubdivision, the same procedure, rules and regulations shall apply as for a subdivision, except as otherwise permitted and regulated by § 275-13.
Approval by the Planning Board shall be granted only for that
portion of the subdivision lying within the Town, and such approval
shall be contingent upon approval by the appropriate municipal agency
having jurisdiction over that portion lying within the adjacent municipality.
No permit for the erection of any building on any lot in a proposed subdivision shall be issued unless the subdivision has been duly approved by the Planning Board, the plat has been duly filed in the office of the County Clerk and the street or highway giving access to said lot has been suitably improved to the satisfaction of the Planning Board or a performance bond as required by the Planning Board has been duly filed with the Town. In accordance with the requirements of Chapter 355, Zoning, the Building Inspector may issue a single building permit based upon the entire tract of land. Where there is no other existing principal use within the proposed subdivision and to prevent disapproval of the subdivision, the location of the proposed building must be in accordance with the approved preliminary plat.
Where the Planning Board finds that, because of special circumstances
of a particular case, extraordinary hardships may result from strict
compliance with these regulations, it may adjust the regulations so
that substantial justice may be done and the public interest secured,
provided that any such adjustment will not have the effect of nullifying
the intent and purpose of these regulations, the Town Development
Plan or the Official Map of the Town or the intent of Subdivision
3 of § 277 of the Town Law. In granting any adjustment,
the Planning Board shall attach such conditions as are, in its judgment,
necessary to secure substantially the objectives of the standards
or requirements so adjusted.
A.
Procedure. The Planning Board may adopt amendments to these regulations
after a public hearing and subject to the approval of the Town Board.
Notice of the time, place and purpose of such hearing shall be given
by publication in the official Town newspaper(s) at least five days
prior to the date on which it is to be held.
B.
Applicability. Amendments shall take effect on the date of Town Board
approval and shall apply to any preliminary subdivision which has
not received conditional approval prior to such date and to any conditionally
approved subdivision where an application for final approval is not
received within six months of the date of conditional approval.
Should any of these regulations conflict or be inconsistent
with any provision of the Town Law, such provision of the Town Law
shall apply.
In order that land may be subdivided and improved in accordance
with the authority, jurisdiction and policy of the Town, these regulations
are hereby adopted.
