This chapter shall be known and may be cited as the "Town of Steuben Subdivision Law."
This chapter has been enacted for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
By the authority of Articles 2 and 3 of Municipal Home Rule Law and Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Steuben is authorized and empowered to approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, and to approve the development of plats entirely or partially undeveloped, which were filed in the office of the County Clerk prior to the appointment of the Planning Board and the grant to the Planning Board of the power to approve plats.
For the purpose of this chapter, certain words and terms used herein are defined as follows:
An authorization by a property owner for the use of any designated part of a property by another, and for a specific purpose.
A designated parcel or tract of land established by plat, subdivision, or as otherwise permitted by law, to be developed or built upon as a unit.
The relocation of lot lines of any lot or parcel, the deed to which was previously recorded in the office of the County Clerk; but not including conveyances made so as to combine existing lots by deed or other instrument.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.
Any area of land established by plat, subdivision, or as otherwise permitted by law, regardless of whether it is defined as a lot or whether it is to be developed or built upon as a unit.
The Town of Steuben Planning Board.
A map of a subdivision.
A surveyor's plat constructed from deed descriptions and actual physical building or improvement measurements.
The further division of lots or parcels.
Any vehicular way which is:
Any person, firm, corporation, partnership or association, or their agent, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
The division of any parcel of land into two or more lots or parcels, including any remainder of the original parcel, with or without roads, and including lot line adjustments and resubdivision.
A subdivision not classified as a minor subdivision.
A subdivision containing two to three lots or parcels, and not involving:
The Town Board of the Town of Steuben.
A plat where 20% or more of the lots within the plat are unimproved unless existing conditions, such as poor drainage, have prevented their development.
All potential subdividers are required to meet with the Planning Board prior to the submission of a formal application for a subdivision approval. Such a meeting may be used to expedite the review process by allowing the Planning Board and the applicant to be advised of the following: 1) the potential classification of the subdivision as minor or major, 2) the requirements under the State Environmental Quality Review Act, 3) the possible involvement of other government agencies in the review process, 4) the determination of wetlands and floodplains, and 5) the need for referral to the County Planning Board pursuant to General Municipal Law § 239-n.
The Planning Board may waive the application and review procedure as provided for in this chapter if the Planning Board determines that the proposed subdivision is of minor significance. Such waiver shall be in writing, and shall include the following findings:
A.
The proposed subdivision does not involve the creation of more than two lots.
B.
The applicant has provided evidence acceptable to the Planning Board that all proposed lots conform to the requirements of the Chapter 106, Residential Buildings and Structures, as amended, with the exception of applications for lot line adjustments, as described in § 116-45. Such evidence may consist of proposed deeds, plot plans or surveys of the lands included in the proposed subdivision, or of part of the lands included in the proposed subdivision where such part provides the Planning Board with evidence sufficient to make a determination.
Proposed subdivisions shall be determined by the Planning Board to be either minor or major as defined in this chapter, and shall follow the procedures as summarized below:
A.
Minor subdivision shall follow the procedures of Article II of this chapter, summarized as follows:
B.
Major subdivisions shall follow the procedures of Article III of this chapter, summarized as follows:
(1)
Submission of application for preliminary plat approval.
(2)
Planning Board review (four or more lots).
(3)
Public hearing.
(4)
Planning Board action on preliminary plat.
(5)
Submission of application for final plat approval.
(6)
Planning Board review.
(7)
Public hearing (optional).
(8)
Planning Board action on final plat.
(9)
Filing of plat in office of County Clerk by subdivider.
Fees for subdivision reviews shall be as established in the Town of Steuben Fee Schedule, available at the Town of Steuben Clerk's Office.
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision 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 or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Chapter 106, Residential Buildings and Structures, as amended. In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.
If any clause, sentence, subsection, section, or article of this chapter 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, subdivision, section, or article thereof directly involved in the controversy in which said judgment shall have been rendered.
A.
Any violation of this chapter is an offense punishable by a fine not exceeding $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 were 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 $750 nor more than $1000 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.
B.
The Town Board may institute any appropriate action or proceedings to prevent unlawful division of land, to restrain, correct or abate any violation of this chapter, or to prevent the use or occupancy of said land; and upon the refusal of the Town Board to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the zoning district wherein the violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such Town Board is authorized to do.
This chapter shall take effect upon filing in the Office of the Secretary of State and upon filing in the Office of the Town Clerk.