[Adopted 5-26-1965 by L.L. No. 2-1965]
No land in the Town of New Hartford shall be
subdivided except in conformance with the Town of New Hartford Subdivision
Regulations, duly adopted by the Planning Board of the Town of New
Hartford and approved by the Town Board of the Town of New Hartford,
and any amendments thereof.
No building permit shall be issued to any person,
firm or corporation for the construction of any building upon property
which has been subdivided without the approval of the Planning Board
of the Town of New Hartford.
For the purposes of this article, the following
terms shall have the meanings indicated:
SUBDIVIDED
The division of any land into two or more lots, plots, sites
or other division of land for the purpose, whether immediate or future,
of transfer of ownership or building development and shall include
resubdivision in whole or in part of any plot filed or unfiled, which
is entirely or partially undeveloped.
Any person, firm or corporation who shall subdivide
property in the Town of New Hartford without complying with the Town
of New Hartford Subdivision Regulations and obtaining the approval
of the Planning Board of the Town of New Hartford shall be guilty
of an offense punishable by a fine not exceeding $50 or imprisonment
for a period not to exceed six months, or both, as provided by § 268
of the Town Law.
By authority of the resolution duly adopted
by the New Hartford Town Board on February 1, 1961, pursuant to the
provisions of Article 16 of the Town Law, and §§ 274 and 276 thereof and acts amendatory thereto, the Town
Board authorized and empowered the Planning Board of the Town of New
Hartford to:
A. Approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps
filed in the County Clerk's office.
B. Approve or disapprove the laying out of, closing off
or abandonment of such streets, highways or public areas under and
subject to the provisions of the town and highway laws.
C. Approve or disapprove all plats showing lots, blocks
or sites with or without streets or highways.
D. Pass and approve the development of plats already
filed in the County Clerks office if such plats are entirely or partially
undeveloped.
These regulations are enacted for the following
purposes and for such other or further purposes as may be authorized
by law to:
A. Provide for the future growth and development of the
town.
B. Afford adequate facilities for the housing, transportation,
distribution, comfort convenience, safety, health and welfare.
C. Show in proper cases a park or parks suitably located
for playground or other recreational purposes.
D. Require that the streets and highways shall be of
sufficient width and suitable grade and shall be suitably located
to accommodate the prospective traffic, to afford adequate light and
air, to facilitate fire protection and to provide access of fire-fighting
equipment to buildings.
E. Assure that the subdivision streets and highways shall
be coordinated so as to compose a convenient system conforming to
the Official Map and properly related to the Master Plan and Zoning
Ordinance.
F. Find that the land shown on such plats shall be of
such character that it can be used safely for building purposes without
danger to health or peril from flood, fire or other menace.
For the purpose of these regulations, which
shall be known as and may be cited as the "Town of New Hartford Subdivision
Regulations," certain words used herein are defined as follows:
ADMINISTRATIVE REVIEW PANEL
A committee composed of the Town Planner, Town Engineer and
Town Codes Officer chaired by the Town Planner and serviced by a secretary.
[Added 6-1-1988 by L.L. No. 4-1988]
BOARD
The duly appointed Planning Board of the Town of New Hartford.
MAJOR SUBDIVISION
Any size subdivision not classified as a minor subdivision,
including, but not limited to, subdivision of five or more lots, or
any size subdivision requiring any new street or extension or municipal
facilities.
[Added 6-1-1988 by L.L. No. 4-1988]
MASTER PLAN
A comprehensive plan prepared for and by the Board pursuant
to Article 16 of the Town law, which plan indicates the general locations
recommended for the various public works, places and structures and
for the general physical development of the Town of New Hartford,
and includes any unit or part of such plan separately adopted and
any amendment to such plan or parts thereof.
MINOR SUBDIVISION
Any subdivision containing not more than four lots fronting
on an existing street or not involving any new street road or the
extension of municipal facilities beyond the frontage requirements
of a single lot within the designated zone and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the Master Plan,
Official Map or Zoning Law of the Town of New Hartford.
[Added 6-1-1988 by L.L. No. 4-1988; amended 8-3-1988 by L.L. No. 8-1988]
OFFICIAL MAP
The map established by the Town of New Hartford pursuant
to § 276 of the Town Law showing the streets, highways and
parks theretofore laid out, adopted and established by law and any
amendments thereto adopted by the Town Board or additions thereto
resulting from the approval of subdivision plats by the Board and
the subsequent filing of such approved plats. Streets not accepted
by the Town Board as public streets may be shown thereon but shall
be marked as private streets.
PRELIMINARY LAYOUT
The preliminary drawing or drawings indicating the proposed
manner or layout of the subdivision and width of proposed streets
to be submitted to the Board for its consideration.
SECRETARY OF THE ADMINISTRATIVE REVIEW PANEL
That person who shall be designated to perform the duties
of the Secretary of the Administrative Review Panel for all purposes
of these regulations.
[Added 6-1-1988 by L.L. No. 4-1988]
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in §
104-11C(1) of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Administrative Review Panel as to the form of the layout and objectives of these regulations.
[Added 6-1-1988 by L.L. No. 4-1988]
STREET
A public or private way for vehicular traffic.
B.
MAJOR STREETSThose which carry traffic from minor streets to the business and industrial districts.
C.
MINOR STREETSThose which are used primarily for access to abutting residential properties. A cul-de-sac is a minor street with only one outlet and having a turning loop or wye at the closed end.
D.
MARGINAL ACCESS STREETSGenerally parallel with and adjacent to arterial streets and highways; and provide access to abutting properties and protection from through traffic.
E.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
[Added 6-1-1988 by L.L. No. 4-1988]
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership or building development, and shall
include resubdivision in whole or in part of any plat filed or unfiled,
which is entirely or partially undeveloped.
SUBDIVISION PLAT or FINAL PLAT
A drawing in final form, showing a proposed subdivision containing
all information or detail required by law and by these regulations
to be presented to the Planning Board for approval and which, if approved,
may be duly filed or recorded by the applicant in the office of the
County Clerk or Registrar.
[Amended 6-1-1988 by L.L. No. 4-1988]
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
[Added 6-1-1988 by L.L. No. 4-1988]
TOWN CODES OFFICER
The duly designated codes officer of the town.
[Added 6-1-1988 by L.L. No. 4-1988]
TOWN ENGINEER
The duly designated engineer of the town.
[Added 6-1-1988 by L.L. No. 4-1988]
TOWN PLANNER
The duly designated planner of the town.
[Added 6-1-1988 by L.L. No. 4-1988]