By authority of the regulations adopted by the
Pound Ridge Town Board, hereafter referred to as the "Town Board,"
pursuant to the provisions of Article 16 of the Town Law, as amended,
the Pound Ridge Planning Board, hereafter referred to as the "Planning
Board," has the power and authority to review and approve, conditionally
approve or disapprove plats for subdivisions which show lots, blocks
or sites, with or without streets or highways, within the Town of
Pound Ridge.
Whenever any subdivision or resubdivision of land or land exchange or transfer is proposed, before all or any portion of the subdivision is offered for sale or lease by reference to a plat and before any building permit for the erection of a structure or addition to an existing structure is granted, the subdividing owner or his or her authorized agent or contract vendee shall apply for and secure the approval of the Planning Board of the proposed subdivision and then file the approved plat in the office of the County Clerk. The location and design of new streets and other improvements, if any, must also be approved by the Planning Board. Therefore, the construction of new streets and other improvements shall not be started until this approval has been obtained and the requirements of Article V with regard to the filing of necessary agreements, the completion of improvements and/or to the posting of required bonds has been satisfied.
A.
It is declared to be the policy of the Planning Board
to consider land subdivisions as an essential part of implementing
a plan for the orderly, efficient and economical development of the
Town; for the conservation of natural, historical and archaeological
resources of townwide, state, regional or national significance; and
for the protection and management of the ecological integrity of the
natural systems on which the public health, safety and welfare depends.
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. To the maximum extent possible, those
unique natural and cultural resources or features located on the land
to be subdivided will be protected in the design of the subdivision.
Proper provision shall be made for drainage, water, sewerage and other
needed improvements.
B.
The proposed roads shall compose a convenient system
conforming to the Official Map, if established, and shall be properly
related to the proposals shown on the Town Plan of Development as
it is adopted by the Planning Board. Roads shall be of such width,
grade and location as to accommodate the prospective traffic, to afford
adequate light and air, and to facilitate police and fire protection
and other emergency access.
C.
In accordance with § 277 of the Town Law,
in proper cases and when required by the Planning Board, park areas
of suitable location, size and character for use for playground or
recreation purposes shall be reserved and shown on the subdivision
plat. If the Planning Board determines that such areas cannot be located
in the subdivision or are otherwise not practical, the Board may require
as a condition of approval the payment of a fee to be placed in a
trust fund for use by the Town exclusively for the development of
new neighborhood park, playground or recreational facilities and/or
the acquisition of land.
No permit shall be issued for the construction
of a new building or structure or any addition to an existing structure
within a proposed subdivision until the subdivision has been approved
by the Planning Board, the plat has been filed in the office of the
County Clerk and the street giving access to said lot has been improved
to an extent deemed sufficient by the Town Engineer to permit emergency
access.
A.
Public hearing by the Planning Board. The Planning
Board may adopt amendments to these regulations after a public hearing.
Notice of the time, place and purpose of this hearing shall be given
by publication in the official Town newspaper(s) at least five days
prior to the date on which it is to be held.
B.
Applicability. Amendments to these regulations adopted
by the Planning Board shall not take effect unless approved by resolution
of the Town Board. No public hearing is required for such action by
the Town Board. Any amendments so approved shall apply to any subdivision
application which has not received final approval, with or without
conditions, prior to the date of the Town Board's action.
[Added 10-6-2005 by L.L. No. 3-2005]
By Local Law No 3 of the year 2005 the Town
of Pound Ridge has adopted the Compact Plan,[1] as amended from time to time, as a statement of policies,
principles, and guides to supplement other established land use policies
in the Town. In its discretionary actions under this Subdivision Code,
the reviewing agency should take into consideration said statement
of policies, principles and guides, as appropriate.
Where the Planning Board finds that, because of the special circumstances of a particular plat, extraordinary hardship may result from strict compliance with these regulations, it may waive one or more requirements of these regulations. Such a waiver may be granted only where the Board determines that it will not negatively affect the public health, safety and welfare, that it will not have a significant adverse impact on the environment, that it will not have the effect of nullifying the intent and purpose of these regulations, the Town Development Plan, the Official map of the Town or the intent of § 277, Subdivision 3, of the Town Law, and that the public interest will be served. In granting any waiver, the Planning Board shall attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so waived. (See § A117-32B.)
Should any of these regulations conflict or
be inconsistent with any provision of the Town Law, such provision
of the Town Law shall apply.
Should any section or provision of the regulations
contained herein or as amended hereafter be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect
the validity of the regulations as a whole or any part thereof other
than the part so declared to be invalid.
In order that land may be subdivided and improved
in accordance with the authority, jurisdiction and policy of the Town,
these regulations are hereby adopted.
