This chapter provides for the regulation of subdivisions within
the Town of Delaware, Sullivan County, New York, and may be cited
as the "Town of Delaware Subdivision Regulations."
This chapter is adopted under the authority provided the Town
of Delaware by § 261 of the New York State Town Law.
This chapter is adopted for the following purposes:
A.
Promoting the orderly growth and development of the Town in accord
with the Town of Delaware Comprehensive Plan.
B.
Providing for the health, safety and welfare of Town residents and
preservation of the environment.
C.
Minimizing foreseeable maintenance and improvement problems as well
as economic burdens of the land associated with development of land.
[Amended 4-19-2006 by L.L. No. 2-2006]
This chapter shall apply to all subdivisions of land, as defined
herein, made on or after the effective date of this chapter.
A.
Interpretation. The provisions of this chapter in their interpretation
and application shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare.
B.
Conflict. This chapter is not intended to interfere with, abrogate
or annul any other ordinance, law, rule or regulation, statute or
provision of law. Where any of the provisions of this chapter impose
restrictions different than any other ordinance, law, rule or regulation
or other provision of law, whichever provisions are more restrictive
or impose higher standards shall control. This chapter, however, shall
replace, in their entirety, those subdivision regulations previously
in effect in the Town of Delaware.
A.
The Planning Board shall have the power to authorize variations and
waivers from the requirements of this chapter.
B.
Applications for such variations shall be submitted in writing by
the subdivider at the time the preliminary plan is filed for the consideration
of the Board. The application shall state fully the grounds for the
application and all the facts relied upon by the subdivider.
C.
The Board may, by resolution, authorize a variation or waiver from
this chapter when, in its opinion, unreasonable hardship will result
from strict compliance therewith, provided that the resolution shall
state in it the reasons on which the Board bases its finding that
unreasonable hardship will result from strict compliance with this
chapter.
D.
Variation may be granted only in accord with the following:
(1)
The variation or waiver is found to be in the interest of the public
health, safety and general welfare.
(2)
The variation or waiver would not change the character of the area or nullify any aspect of the Town Zoning Law (Chapter 220, Zoning) and would preserve the purposes and intent of this chapter.
(3)
Where the Board finds that, due to the special circumstances of a
particular plan, the requirement of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities adjacent to or in proximity of the proposed
subdivision, it may waive such requirements, subject to appropriate
conditions.
(4)
Economic hardships or increased costs of development related to the
above shall not be cause for a variation or waiver.
E.
In authorizing a variation or waiver, the Board may attach conditions
and require such guarantee or bond as it may deem necessary to assure
compliance with the objectives of this chapter.
A.
Violations. No person shall subdivide real property in the Town of
Delaware without first filing a plan thereof in the office of the
County Clerk and no plan of a subdivision of land showing lots, blocks
or sites with or without streets or highways shall be filed in the
office of the County Clerk until it has been approved by the Town
of Delaware Planning Board. Any person violating these provisions
shall be subject to the penalties provided by § 268 of the
New York State Town Law.
B.
Enforcement. A violation of this chapter is hereby declared to be
an offense punishable by a fine not to exceed $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
are 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 $700 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.
C.
Remedies. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used in violation of this chapter, the Town Board and/or
Planning Board, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use; to restrain,
correct or abate such violation; to prevent any illegal act, conduct,
business or use in or about such premises; and upon the failure or
refusal of Town officials to institute any such appropriate action
or proceedings for a period of 10 days after written request by a
resident taxpayer of the Town of Delaware so to proceed, any three
taxpayers of the Town residing in the district wherein such violation
exists who are jointly or separately aggrieved by such violation may
institute such appropriate action or proceeding in like manner as
such Town officials are authorized to do so.
