Town of Yorktown, NY Article I General Provisions

§ 195-1 Declaration of policy.

A. By the authority of the resolution of the Town Board of the Town of Yorktown, New York, adopted on February 4, 1969, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Yorktown, New York, is authorized and empowered to:

(1) Approve, modify and approve or disapprove plats showing lots, blocks or sites with or without streets or highways.

(2) Conditionally approve, with or without modifications, or disapprove preliminary plats.

(3) Approve, modify and approve or disapprove the development of plats already filed in the office of the Clerk of the County of Westchester if such plats are entirely or partially undeveloped.

(4) Simultaneously with the approval of a plat or plats pursuant to Article 16 of the Town Law modify applicable provisions Chapter 300, Zoning, subject to the conditions set forth under § 278 of said article and such other reasonable conditions as the Town Board at its discretion add thereto.

(5) Approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the Westchester County Clerk's office.

(6) Approve or disapprove laying out, closing off or abandonment of streets, highways or public areas under the provisions of the Town and Highway Laws.

(7) Review and approve, approve with modifications or disapprove site plans or parking plans where any provisions of the Code of the Town of Yorktown requires site plan or parking plan approval by the Planning Board and subject to the limitations therein contained.

[Added 6-20-1995 by L.L. No. 10-1995]

B. It is declared to be the policy of the Town Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town, bearing in mind that the natural topography of the land is a public asset which should be preserved and safeguarded. This means, among other things, that 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; that proper provision shall be made for schools, recreation, drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be laid out and be of such size as to be in harmony with the development pattern of the neighboring properties and in harmony with the natural topographical features of the land; that the proposed streets shall compose a convenient system conforming to the Official Map, shall be properly related to the proposals shown on the Comprehensive Plan as adopted by the Planning Board and shall be of such width, grade and location as to accommodate the prospective traffic, facilitate fire protection and provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds and conservation areas.

C. In order that land subdivisions may be made in accordance with this policy, this Part 1, which shall be known as and which may be cited as the "Town of Yorktown Land Development Regulations," have been adopted by the Planning Board on February 13, 1969, and approved by the Town Board on February 18, 1969.

§ 195-2 Affected lands.

Whenever any subdivision of land is proposed to be made and before any contracts for the sale of or any offer to sell any lot in such subdivision or any part thereof is made and/or before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for an approval of such proposed subdivision in accordance with this Part 1.

§ 195-3 Conflict with Town Law.

Should any of this Part 1 conflict with or be inconsistent with any provision of the Town Law, the relevant provision of the Town Law shall apply.

§ 195-3.1 Westchester County Greenway Compact Plan.

[Added 9-6-2005 by L.L. No. 10-2005]

By Local Law No. 10 of the Year 2005, the Town of Yorktown has adopted the Westchester County Greenway Compact Plan, 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.