This chapter has been adopted for the following purposes:
A. Provide for the orderly growth and coordinated development of the
Town;
B. Affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, health and safety of Town residents;
C. Minimizing foreseeable maintenance and improvement problems as well
as economic burdens associated with the development of land;
D. Protecting the attractiveness of the Town's environment by the requirement
of effective design of all subdivisions.
In order to accomplish the purposes set forth above, it is declared
to be the policy of the Planning Board to consider land subdivision
plats as part of a plan for the orderly, efficient and economical
development of the Town. This policy shall be interpreted to include
the following objectives, which shall guide the Planning Board's decisions:
A. Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from
fire, flood, or other menace;
B. Proper provision shall be made for drainage, water supply, disposal
of sewage, and other necessary and required improvements;
C. Proposed streets shall consist of a convenient system conferring
to the existing highways and roadways and shall be properly related
to any proposals shown within the Town Plan (if such Plan exists);
D. Streets and driveways shall be of such widths, grade and location
as to accommodate prospective traffic, to afford adequate light and
air and to facilitate fire protection;
E. Lots shall be laid out so as to be in harmony with the development
pattern of neighboring properties and with the surrounding topography;
F. Acres of suitable size, location, and character for community purposes
shall be shown on the final plat wherever appropriate;
G. To ensure that the burden of financing improvements and infrastructure
in new subdivisions is on the subdivision owner or developer, rather
than on the particular district or the Town.
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.
Where compliance with these regulations would cause extraordinary difficulties or would be inappropriate because of exceptional and unique conditions, the Planning Board may waive the minimum requirements of these regulations, provided that the public interest is protected and the development is in keeping with the general spirit and intent of these regulations, Chapter
525 (Zoning), and the Town Plan (if such exist). Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connection facilities adjacent or in proximity to the subdivision. Such waiver shall be in coordination with Section 277-7 of Article 16 of the NYS Town Law.
[Amended 8-9-2022 by L.L. No. 3-2022 (Res. No. 125-2022)]
If the proposed subdivision consists solely of the simple alterations of lot lines and it meets the current §
525-24, Bulk and Density Control Schedule, then normal subdivision procedures may be waived at the discretion of the Planning Board or duly authorized representative. Such subdivision shall be deemed a resubdivision. If normal subdivision procedures are not waived, then such resubdivision shall be deemed to be a major or minor subdivision at the discretion of the Planning Board, or a duly authorized representative, in which case the appropriate procedure set forth in this chapter shall apply.