[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.
[1]
Editor's Note: See also Ch. 39, Greenway Compact Plan.
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.
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.