Town of Woodstock, NY
Ulster County
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[Adopted 9-17-1985 by L.L. No. 4-1985]
The purpose of this Part 1 is to protect the public health, safety and welfare of the residents of the Town of Woodstock and to provide for the orderly, efficient, aesthetic and economical development of the Town by providing a uniform means of enforcing the subdivision rules and regulations and the decisions of the Planning Board of the Town of Woodstock, Ulster County, New York.
For the purposes of this Part 1, certain words and terms used herein are defined as follows:
RESUBDIVISION
Any change in the plat of a subdivision which has previously been filed in the office of the County Clerk.
SUBDIVIDER
Any person, firm, corporation, partnership or association who or which shall lay out any subdivision or part thereof as defined herein, either for himself, itself or others.
SUBDIVISION
The division of any parcel of land or contiguous parcels of land held in common ownership into two or more lots, blocks or sites, with or without streets or highways, and includes resubdivision.
SUBDIVISION REGULATIONS
The Subdivision Regulations of the Town of Woodstock, Ulster County, New York, as adopted May 17, 1994, by Local Law No. 1-1994, as the same may be amended or replaced from time to time.[1]
[1]
Editor's Note: See Part 2 of this chapter. Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No subdivider shall offer to sell or offer to convey or offer to transfer or offer to lease any subdivision or resubdivision or lot, block or site or part of a subdivision or resubdivision without having fully complied with the Town of Woodstock Subdivision Regulations and without having obtained approval of the Town of Woodstock Planning Board pursuant to the Town of Woodstock Subdivision Regulations and Article 16 of the Town Law.
B. 
No subdivider shall sell or convey or transfer or lease any subdivision or resubdivision or lot, block, site or part of a subdivision or resubdivision without having fully complied with the Town of Woodstock Subdivision Regulations and without having obtained approval of the Town of Woodstock Planning Board pursuant to the Town of Woodstock Subdivision Regulations and Article 16 of the Town Law.
Any owner of real property who shall create a subdivision or who shall subdivide real property into lots within the Town of Woodstock without first obtaining approval of the Planning Board of the Town of Woodstock of a subdivision map or plat showing the land to be subdivided shall be guilty of a violation of this Part 1. Any contract vendee, agent or contractor of such owner who shall knowingly participate in such violation and any grantee of such owner who shall knowingly participate in such violation shall also be guilty of a violation of this Part 1.
A. 
Where a violation of the Subdivision Regulations of the Town of Woodstock as heretofore adopted and approved and from time to time hereafter amended has been committed or shall exist, any contract vendee, agent or contractor of such owner who shall knowingly participate in such violation and any grantee of such owner who shall knowingly participate in such violation shall be guilty of a violation of this Part 1.
B. 
Where a violation of any provision or condition of any resolution or approval of the Planning Board of the Town of Woodstock relating to a subdivision, adopted or granted under the authority of its rules and regulations or otherwise pursuant to law, has been committed or shall exist, the owner of the real property where such violation has been committed or shall exist, any contract vendee, agent or contractor of such owner who shall knowingly participate in such violation, and any grantee of such owner who shall knowingly participate in such violation shall be guilty of a violation of this Part 1.
A. 
Fines and imprisonment. A violation of the Town of Woodstock Subdivision Regulations or of this Part 1 is hereby declared to be 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 $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 the Subdivision Regulations or of this Part 1 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Civil remedies. In case any land is divided into lots, blocks, or sites in violation of the Subdivision Regulations of the Town of Woodstock or this Part 1, the Building Inspector or other proper local authorities of the Town of Woodstock, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful use or division of land, to restrain, correct or abate such violation, and to prevent any illegal act, conduct, business or use in or about such premises, and upon the failure or refusal of the proper local officer, board or body of the Town 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 district wherein such violation exists who are jointly or severally aggrieved by such violation may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Administrative remedies.
(1) 
The Building Inspector of the Town of Woodstock is also specifically authorized and empowered to deny or to withhold the issuance of a permit to erect or construct a building or other structure to the subdivider and/or developer who has subdivided said land in violation of the Subdivision Regulations of the Town and may withhold or deny said building permit to any subsequent grantee, owner, contract vendee, agent or contractor who shall knowingly participate in such violation.
(2) 
In addition to the above authority, and pursuant to § 280-a of the Town Law, the Building Inspector of the Town of Woodstock is also authorized and empowered to withhold or deny a building permit for the construction or erection of any building or structure unless suitably improved access to such proposed building or structure is provided by a street or highway that has been duly placed on the Official Map or plan of the Town of Woodstock, if any, and if none, unless such street or highway giving access is an existing state, county or Town highway, or a street or road shown on a plat approved by the Planning Board, or a street or road shown on a plat duly filed and recorded in the office of the Ulster County Clerk prior to the appointing of the Planning Board and its grant of authority to approve plats.
(3) 
Nothing above contained in this Part 1 shall be deemed to restrict or impair the power and authority of the Building Inspector or other enforcement officer of the Town of Woodstock to deny or withhold the issuance of a building permit, certificate of occupancy or other permit or license if the issuance of the same would be in conflict with or in violation of the Town of Woodstock Zoning Regulations.[3]
[3]
Editor's Note: See Ch. 260, Zoning.
This Part 1 shall be enforced by the person designated by the Town Board as the Building Inspector or by any other employee of the Town of Woodstock hereinafter designated by resolution of the Town Board of the Town of Woodstock.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).