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.