A.
Pursuant to the provisions of Article 16 of the Town
Law, the Town Board has, by resolution, authorized the Planning Board
to review and approve or disapprove plats showing lots, blocks or
sites, with or without roads, within the area of the Town of Bedford
outside the Village of Mount Kisco.
B.
Pursuant to § 281 of the Town Law, the Town
Board is permitted, by resolution, to authorize the Planning Board,
simultaneously with the approval of subdivision plats, to modify applicable
zoning standards in order to create conservation subdivisions. Such
authorizations, if and as they may be adopted, must specify the lands
to which they are applicable and shall be subject to the conditions
hereinafter set forth, as well as any special conditions established
by the Town Board.
C.
Such authorizations may also permit the Town Board to authorize the Planning Board to require the submission of a subdivision plat reflecting such modifications where the Planning Board has determined that such modifications should be required and where the Planning Board has determined that the criteria of § 107-50.1 of these regulations have been met.
[Added 6-19-1984]
For the purpose of these regulations, certain
words and terms used herein are defined as follows:
Any person, firm, corporation, partnership or association
who shall lay out for the purpose of sale or development any subdivision,
or part thereof, as defined herein.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirements of the Planning
Board.
A structure containing two (2) or more noncommunicating dwelling
units located side by side with a common vertical party wall between
adjacent units.
A structure containing only one (1) dwelling unit.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
That portion of the preserved land in a conservation subdivision
which shall be preserved in its natural undeveloped state except for
the establishment, when approved by the Planning Board, of nature
trails and accessory nature study facilities.
That portion of the preserved land in a conservation subdivision
designed and developed with permanent facilities for recreation use
in accordance with a plan approved by the Planning Board.
The map established by the Town Board under § 270
of the Town Law showing the roads, 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 Planning Board and the subsequent
filing of such approved plats.
The date when a subdivision plat shall be considered submitted, subject to § 276 of the Town Law, and is hereby defined to be that date on which the complete application, as defined in § 107-31C, is received by the Planning Board Secretary.
The Planning Board of the Town of Bedford.
The same as "subdivision."
A road as defined by § 280-a(1) of the Town Law.
A road which serves, or is designed to serve, as an access
to abutting business properties.
A road which collects or will collect traffic from local
roads and which carries or will carry through traffic from surrounding
areas. Also, any roads shown as collector roads on the Town Development
Plan or Official Map.
A road or a portion of a road with only one (1) vehicular
traffic outlet.
A road which serves or will serve, primarily, only those
properties having frontage on it and which does not or will not carry
through traffic from surrounding areas. Also, any roads shown as local
roads on the Town Development Plan or Official Map.
A road which is used primarily as a route for intercommunity
traffic.
Any road not an improved, mapped road as defined by § 280-a
of the Town Law.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines measured at right angles
to the center line of the road.
At intersections, a straight line with unobstructed view
measured in either direction across the corner between points each
seventy-five (75) feet back from the intersection of the edges of
the pavement prolonged: one (1) point three and five-tenths (3.5)
feet above the grade of the pavement edge, the second point one (1)
foot above the grade of the pavement edge.
A straight line with unobstructed view measured between a
point three and five-tenths (3.5) feet above the finished grade of
a road, at the center line of each traffic lane, and a point at a
given minimum distance away from the first point, located one (1)
foot above the finished grade at the center line of the same traffic
lane.
The preliminary drawing or drawings, described in § 107-51A
of these regulations, indicating the proposed manner or layout of
the subdivision to be submitted to the Planning Board for its consideration.
The division of any parcel of land, regardless of use, into
two (2) or more lots, plots, blocks, sites or parcels, with or without
the creation of new roads, and shall include any change of existing
property lines or of property lines shown on a plat recorded in the
office of the County Clerk.
A subdivision approved in accordance with the conditions
and procedures of § 281 of the Town Law.
The final map or drawing, described in § 107-32 of these regulations, on which the applicant's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be submitted to the County Clerk for recording.
The standards and specifications adopted by the Town Board
for the construction of new subdivision roads and related improvements.[1]
A comprehensive plan for development of the town prepared
by the Planning Board, pursuant to § 272-a of the Town Law,
which indicates the general locations recommended for various public
works and reservations and for the general physical development of
the town, and includes any part of such plan separately adopted and
any amendment to such plan, or parts thereof.
The officially adopted Zoning Ordinance of the Town of Bedford,
together with any and all amendments thereto.[2]
If a parcel of land is to be subdivided, as defined in § 107-23, before offering land for sale by reference to a plat or referring to the plat in deeds, the owner is required to submit the plat of the parcel to the Planning Board for its approval and then to file the approved plat with the County Clerk. The location and design of new roads, if any, must also be approved by the Planning Board and, therefore, the construction of new roads must not be started until this approval has been obtained.
A.
It is declared to be the policy of the Town Planning
Board to consider all land subdivisions as part of a plan for the
orderly, efficient and economical development of the town. As set
forth in substance in §§ 276 and 277 of the Town Law,
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. Proper provision shall be made for drainage,
water, sewerage and other needed improvements. The proposed roads
shall comprise a convenient system consistent with the Official Map
and shall generally conform to the proposals shown on the Town Development
Plan as adopted by the Planning Board. Roads shall be of such width,
gradient, location and design as to accommodate safely the prospective
traffic, to afford adequate light and air and to facilitate fire protection.
In proper cases, and where required by the Planning Board, park areas
of suitable location, size and character for playground or other recreational
purposes shall be shown on the subdivision plat.
B.
For conservation subdivisions, the policy objective
shall also be to encourage flexibility of design and development of
land in such a manner as to promote the most appropriate use of the
land, to minimize the amount of land required for roads and utilities,
to maintain the natural and scenic qualities of open lands in the
town, to preserve areas of ecological significance in a natural undeveloped
state and to set aside for recreation purposes lands that are particularly
suitable therefor.
In order that land may be subdivided in accordance
with this policy, these regulations are hereby adopted.
A.
Whenever access to any portion of a subdivision is
proposed across land in another municipality, the Planning Board may
request an opinion from the Town Attorney that access is legally established,
and from the Town Superintendent of Highways that the access road
is adequately improved, or that a performance bond has been duly executed
and is sufficient in amount to assure the adequate construction of
the access road.
B.
In general, lot lines should be laid out so as not
to cross town boundary lines. In any event, the lot area requirement
for the particular zoning district must be satisfied by land wholly
within the Town of Bedford. Approval by the Bedford Planning Board
will be considered only for that portion of the subdivision lying
within the Town of Bedford; approval of that portion of the subdivision
lying in the adjacent community should be sought from the Planning
Board having jurisdiction.
[Amended 5-1-1984 by resolution]
For a resubdivision, the same procedure, rules
and regulations apply as for a subdivision.
