Certain words used in these regulations are
defined and explained as follows:
Include:
One or more conveyances or plats made at one
time or in any succession over any period of time.
Mortgages;
Conveyances creating any easements or rights-of-way
to be used for vehicular access; and
Conveyances or plats creating any easement or
right-of-way for overhead or underground electric power transmission
lines or for underground gas or telephone transmission lines, expressly
excluding any easement or right-of-way for electric, gas or telephone
distribution and service lines.
[Added 11-2-2000 by L.L. No.
4-2000]
Consist of and are defined as the following:
Special flood hazard areas, as defined in Chapter 90.
Steep terrain, consisting of Class I, II and
III slopes, as defined in Chapter 147.
Steep terrain wetland/watercourse transition
areas, as defined in Chapter 147.
Watercourses/watercourse buffer zones, as defined in Chapter 93.
Wetlands/wetlands buffer zones, consisting of lands that are regulated by the State of New York pursuant to the Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law) and/or controlled wetlands and wetlands buffer zones as defined in Chapter 93.
Site preparation, consisting of removal of vegetation and/or
the excavation, filling, grading or removal of earth, soil or rock,
or retaining structures, whether by labor, machine or explosive. The
condition of land disturbance is deemed to continue until the area
of land disturbance is returned to its original state or to a state
complying with a permit for such disturbance granted in accordance
with the Code of the Town of Philipstown or complying with standards
for completion of a land disturbance in accordance with such Code.
[Added 11-2-2000 by L.L. No. 4-2000]
Includes the words "plot" and "parcel," and the words "lot,"
"plot" and "parcel" shall mean an area of land.
[Amended 4-30-1987, approved 5-7-1987]
A plat of a subdivision where all lots, plots or parcels
are located along an existing municipal highway or along an existing
or proposed private easement or right-of-way for vehicular travel
or access to or from an existing municipal highway.
[Amended 3-16-1989, approved 4-6-1989]
Any corporation, firm, partnership, association, trust, estate
or one or more individuals.
A change in any of the following shown upon a subdivision
plat that has been approved by the Philipstown Planning Board:
The right-of-way lines of any proposed street,
highway, easement or right-of-way for vehicular travel or access.
The boundaries of any drainage or other utility
right-of-way or easement.
Any land reserved for park or other public purposes.
Any building setback or encroachment lines.
The boundaries of any lot, plot or parcel; provided,
however, that the boundaries of a lot, plot or parcel may be changed
by conveyance or exchange of land between adjoining owners when:
Either or both of the following:
[Amended 4-30-1987, approved 5-7-1987]
Any tract which shall be divided after the effective date of these regulations into two or more lots, plots or parcels along existing or proposed streets, highways, easements or rights-of-way, said lots to be used for any purpose and regardless of whether the lots, plots or parcels are described by metes and bounds or by reference to a map or survey of the tract or by any other means of description and regardless of whether the lots, plots or parcels are contiguous, is a subdivision. A conveyance or exchange of land between adjoining owners that exceeds 10% of the smaller of the original lots is a subdivision. A conveyance or exchange of land between adjoining owners that does not exceed 10% of the smaller of the original lots is not a subdivision, provided that the resulting lots conform to the Zoning Law and no additional lot or lots are created. The merging of two or more lots into one lot is not a subdivision. However, any subdivision, conveyance or exchange of land between adjoining owners which does not require approval from the Philipstown Planning Board is subject to the requirements of § 112-2. A tract shall constitute a subdivision upon the creation of the second lot; and/or
[Amended 10-6-2005 by L.L. No. 5-2005; 7-10-2008 by L.L. No.
2-2008]
Any division of land which will create or result
in a proposed street or highway to be used for vehicular travel or
access to or from a state highway, county road or Town street or highway
or a proposed easement or right-of-way to be used for vehicular travel
or access to or from a state highway, county road or Town street or
highway or to or from a private road approved by the Town of Philipstown
for vehicular access purposes and providing the sole vehicular access
to a lot, plot or parcel.
Includes the word "plat," and said words shall be used interchangeably.
"Subdivision plat" or "plat" shall each mean a map showing a division
of a tract into lots, plots or parcels equal to a "subdivision" as
defined above or a map which shall create or result in a proposed
street, highway, easement or right-of-way to be used for vehicular
travel or access to or from a state highway, county road or Town street
or highway or to or from a private road approved by the Town of Philipstown
for vehicular access purposes.
[Amended 4-30-1987, approved 5-7-1987]
Any local law or ordinance enacted by the Town Board of the
Town of Philipstown and establishing standards, specifications and
requirements for any road, street or highway constructed by any person
for acceptance by the Town of Philipstown.[1]
Any body, bodies or parcel of land which is or are owned
separately from any adjoining parcel, parcels, lot or lots on the
effective date of these regulations. The word "tract" shall also mean
a body or bodies of land which include contiguous bodies or parcels
of land, regardless of how they are described or identified, which
are under one ownership or under common control of any group of persons.
[Amended 4-30-1987, approved 5-7-1987]
[Added 12-2-2010 by L.L. No. 4-2010]
By Local Law No. 4 of the year 2010, the Town of Philipstown
has adopted "Putnam County Pathways: A Greenway Planning Program Linking
Putnam's Open Space, Historic, Cultural and Economic Resources,"[1] as amended from time to time, as a statement of land use
policies, principles and guides. In its discretionary actions under
this chapter, the reviewing agency should take into consideration
said statement of policies, principles and guides.
[Amended 4-30-1987, approved 5-7-1987]
The following requirements are applicable:
A.
No person or applicant shall create a subdivision as defined in § 112-1, for any purpose and regardless of how described, without approval from the Philipstown Planning Board.
[Amended 5-16-2007 by L.L. No. 6-2007; 7-10-2008 by L.L. No.
2-2008]
B.
No person or applicant shall divide any tract or land
so as to create any easement or right-of-way for overhead or underground
electric power transmission lines or for underground gas or telephone
transmission lines without approval from the Philipstown Planning
Board.
C.
No person or applicant shall make any revision in an approved subdivision plat, as "revision" is defined in § 112-1, without approval from the Philipstown Planning Board.
D.
No subdivision plat, plat or map of any kind showing
a subdivision requiring approval under these regulations or a proposed
street, highway, easement or right-of-way to be used for vehicular
travel shall be used in connection with the conveyance of real property
in the Town of Philipstown or be submitted to the Putnam County Clerk
for filing, or be filed in the Putnam County Clerk's Office, until
said subdivision plat, plat or map has been approved by the Philipstown
Planning Board.
[Amended 3-16-1989, approved 4-6-1989]
E.
Any conveyance or exchange of land between adjoining
owners which does not constitute a subdivision and/or does not require
approval from the Philipstown Planning Board shall be shown on a plat
signed and sealed by a licensed surveyor, who shall certify thereon
that said conveyance or exchange of land complies with all applicable
land development, zoning and other laws and regulations of the Town
of Philipstown. Such plat shall be filed with the offices of the Planning
Board, Code Enforcement Officer and Board of Assessors prior to recording
any deed creating such subdivision, conveyance or exchange of land.
[Added 5-5-2005 by L.L. No. 1-2005;
amended 10-6-2005 by L.L. No. 5-2005; 5-16-2007 by L.L. No. 6-2007; 7-10-2008 by L.L. No.
2-2008]
The Planning Board, in reviewing any proposed
subdivision plat or the revision of a plat, and the person proposing
a plat or revision of a plat shall follow the procedures hereinafter
specified. The Planning Board shall not approve any plat or revision
unless it conforms to the standards hereinafter specified.
All subdivision plats shall be approved only
by majority vote of the entire membership of the Planning Board. Approval
may be granted by the Planning Board subject to conditions and safeguards
necessary to carry out the letter and the purpose and intent of these
regulations and to protect the public health, safety and welfare and
property values. No subdivision plat, plat or map of any kind shall
be endorsed by the Planning Board to permit filing in the Putnam County
Clerk's office until all conditions of approval have been met.
Construction and installation of roads, drainage
or other improvements for a subdivision plat shall not be commenced
until:
All applications, maps, plans, documents and
data required by these regulations in connection with a proposed subdivision
plat shall be subject to the approval of the Planning Board.
These regulations are in addition to and do
not supersede other laws, ordinances or regulations governing the
development of land and buildings.
