This chapter shall be known as and may be cited by the title
"Subdivision Regulations of the Town of Forestburgh."
A.
By the authority of the Town Board of the Town of Forestburgh, pursuant
to the provisions of Article 16 of the Town Law of the State of New
York, the Planning Board of the Town of Forestburgh is authorized
and empowered to approve plats and subdivisions showing lots, with
or without streets or highways, to approve, modify or amend the development
of entirely or partially undeveloped plats already filed in the office
of the Sullivan County Clerk and to conditionally approve preliminary
plats.
B.
The Planning Board of the Town of Forestburgh is also hereby authorized
and empowered, pursuant to Town Law § 276, Subdivision 2,
to approve the development of plats, entirely or partially undeveloped,
which were filed in the office of the Sullivan County Clerk prior
to the appointment of the Planning Board. The term "undeveloped" shall
mean those plats where 20% or more of the lots within the plat are
unimproved, unless existing conditions, such as poor drainage, have
prevented their development.
C.
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.
D.
Applications for land division, subdivision, resubdivision and lot
line revision approval under this chapter shall comply fully with
the applicable provisions of Article 16 of the Town Law, the Public
Health Law, and this chapter. Due care in the preparation of the maps
and other information called for will expedite the process of obtaining
approval of a land division, a subdivision, a resubdivision or a lot
line revision.
E.
When any land division, subdivision, resubdivision or lot line revision
of land is proposed, and before any sale or conveyance of such land
division, subdivision, resubdivision or land with a lot line revision,
or any part thereof, is made, or any grading, clearing, construction
or other improvement is undertaken therein, the applicant or their
duly authorized agent shall apply in writing for and obtain approval
of such proposed land division, subdivision, resubdivision or lot
line revision in accordance with the procedures set forth in this
chapter.
A.
It shall be the duty of the Code Enforcement Officer to enforce these
regulations and to bring to the attention of the Town Board and the
Town Attorney any violations or lack of compliance herewith.
B.
No owner or agent of the owner of any parcel of land shall transfer
or sell any portion of such parcel before a plat thereof has been
approved by the Planning Board in accordance with the provisions of
this chapter and filed with the County Clerk.
C.
The creation of any lot or any parcel of land, by the use of metes
and bounds description or any other description, for the purpose of
sale, transfer or lease with the intent or effect of evading these
regulations shall not be permitted. All such lots or parcels of land
shall be subject to all of the requirements contained in this chapter.
D.
No building permit shall be issued for the construction of any building
or structure located on a lot created or sold in violation of the
provisions of this chapter.
E.
Any person, firm or corporation who fails to comply with or violates
this chapter shall be guilty of an offense as provided in this chapter.
F.
Appropriate actions may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to any all remedies and penalties specifically provided for in Article X of this chapter.
G.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere with,
abrogate or annul any other local law, ordinance, rule or regulation,
statute or other provision of law. Where any provision of this chapter
imposes restrictions different from those imposed by any other local
law, ordinance, rule or regulation or other provision of law, whichever
provisions are more restrictive or impose higher standards shall control.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant or any other private agreement, covenant or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of this
chapter shall govern. Where the provisions of the easement, covenant
or private agreement or restrictions impose duties and obligations
more restrictive or impose higher standards than the requirements
of this chapter or the determinations of the Planning Board in approving
a plat, or of the Town in enforcing this chapter, and such private
provisions are not inconsistent with these regulations or determinations
thereunder, then such private provisions shall be operative and supplemental
to this chapter and determinations made thereunder, but not be enforceable
by the Town.
This chapter may be amended by the Town Board in a manner prescribed
by law, after referral to the Planning Board for review and comment,
and after due notice and public hearing.
It is declared to be the policy of the Town Board to consider
land divisions as part of the orderly and desirable development of
land. This chapter provides procedures and standards for the Planning
Board in its review of subdivision and other land division plats.
The intent of this chapter 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 divided 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 parkland.
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 planning and development, for the privacy of
residents while enhancing the general appearance of the community.
F.
To generally conform to the goals, objectives, concepts, and design
guidelines found within the Town of Forestburgh Comprehensive Plan.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered or
as determined by such judgment.
This chapter shall take effect upon the effective date of the
local law that enacts this chapter.