This chapter is enacted pursuant to the authority granted to the Town Board in Article 16 of the New York State Town Law and § 10 of the Municipal Home Rule Law for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population. By this chapter, the Planning and Zoning Commission is empowered to approve site plans and preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways, within that part of the Town outside the limits of any incorporated village.
This chapter shall be known as the "Subdivision of Land Law of the Town of Glenville."
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. 
In cases where words or phrases are not defined in this chapter but are defined elsewhere in the Code of the Town of Glenville, the words or phrases shall have the meaning set forth elsewhere in the Code.
C. 
When used in this chapter the following terms shall have the respective meanings set forth herein, except where the context shows otherwise:
CLERK OF THE PLANNING AND ZONING COMMISSION
The person appointed by the Town Board or authorized by the Town Clerk to process and maintain the records of the Planning and Zoning Commission.
CLUSTER OR AVERAGE DENSITY DEVELOPMENT
A subdivision plat or plats, approved pursuant to this chapter, in which the applicable zoning local law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands.
CODE
Unless otherwise indicated, the Code of the Town of Glenville.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town located outside the limits of the Village of Scotia.
SKETCH PLAN
A sketch of a proposed site plan or subdivision showing the information specified in the Design Standards. The purpose of a sketch plan is to enable a developer to save time and expense in reaching general agreement with the Planning and Zoning Commission as to the form of the proposed layout and the objectives of this chapter prior to incurring substantial costs for preparation and review of a preliminary or final plan.
CONDITIONAL APPROVAL OF A FINAL PLAT
Approval by the Planning and Zoning Commission of a final plat subject to conditions set forth by the Planning and Zoning Commission in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning and Zoning Commission and recording of the plat in the office of the Schenectady County Clerk.
DATE OF ENACTMENT or EFFECTIVE DATE
For the purpose of implementing this chapter, the date of enactment shall be December 19, 1990.
DESIGN STANDARDS
Standards consisting of the following: Chapter 238, Street Standards, of the Code of the Town of Glenville; the Town of Glenville Design Manual prepared by the Town of Glenville Planning Department, dated November 2003; and the Town of Glenville Landscape Manual prepared by the Town Planning Department, dated March 2004. Reference is made to these documents as amended and/or any successor documents. These documents are available for inspection and/or purchase at the Town Clerk's office during normal business hours.[1]
FINAL PLAT
A drawing prepared in a manner prescribed by the Design Standards and the Planning and Zoning Commission that shows a proposed subdivision, containing in such additional detail as required by the Design Standards together with the modifications, if any, required by the Planning and Zoning Commission at the time of approval of the preliminary plat, if such preliminary plat has been so approved.
FINAL PLAT APPROVAL
The signing of a plat in final form by a duly authorized officer of the Planning and Zoning Commission pursuant to the Planning and Zoning Commission resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed, including, where applicable, that financial security be posted as set forth in § 242-26 below. Such final approval qualifies the plat for recording in the office of the Schenectady County Clerk, if required.
INFRASTRUCTURE
Roads, drains, sewers, water mains and appurtenances thereto, both private and intended to be turned over to the Town of Glenville for maintenance and operation.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the Town of Glenville.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by this chapter, the Design Standards and the Planning and Zoning Commission, showing the layout of a proposed subdivision, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, including preliminary plans and profiles, at suitable scale and in such detail as required by the Design Standards.
PRELIMINARY PLAT APPROVAL
The approval of the layout of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the plat in final form in accordance with the provisions of this chapter.
PRIVATE ROAD
Any undedicated road serving two or more parcels or two or more independently used and occupied buildings within a residential, commercial, or industrial development.
RESUBDIVISION
A change in a map of an existing, approved or filed subdivision plat involving only lot line alterations and not resulting in any increase in the number of lots, if such change does not affect any street layout shown on such map or area reserved thereon for public use or restricted by conservation easement and complies with applicable zoning.
SEQRA
The New York State Environmental Quality Review Act which is contained in Article 8 of the New York State Environmental Conservation Law. References herein also are intended to incorporate the implementing regulations of SEQRA contained in 6 NYCRR Part 617.[2]
STREET
A right-of-way for vehicular traffic, whether designated as a "street," "highway," "thoroughfare," "parkway," "road," "avenue," "boulevard," "lane," "place," "alley" or however otherwise designated, but not including a private driveway serving a single property.
SUBDIVIDER
Any person, corporation, partnership or other organization which lays out any subdivision, as defined herein. The terms "applicant" and "developer" may also be used to refer to a subdivider.
SUBDIVISION
The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, for the purpose of sale, transfer of ownership, or development.
TOWN ENGINEER
The duly designated Engineer of the Town of Glenville.
TOWN ATTORNEY
The duly appointed Town Attorney or Attorney for the Town of Glenville.
[1]
Editor's Note: Copies of the Design Manual and the Landscape Manual are located at the end of the Code following the Landscape and Design Manuals divider page.
[2]
Editor's Note: The former definition of “site plan,” which immediately followed this definition, was repealed 10-1-2014 by L.L. No. 6-2014.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Elsewhere in the Code there are references to subdivision regulations. All references to subdivision regulations are declared to be references to this chapter, which replaces the former subdivision regulations.
A. 
The adoption of this chapter shall not affect or impair any act done or right accrued prior to the time this chapter takes effect under the regulations relative to subdivisions and site plans in the Town. It is the intent of this subsection to grandfather all parcels created prior to the date of enactment of this chapter with respect to the existence of said parcel as a separate lot. However, all parcels whenever created shall be subject to the provisions of this chapter for any and all site plans and subdivisions proposed after the date of enactment of this chapter.
B. 
The adoption of this chapter shall not affect or impair any act done, offense committed or right accrued or acquired liability, penalty forfeiture or punishment incurred prior to the time this chapter takes effect under the regulations relative to subdivisions and site plans in the Town.
All ordinances, local laws and regulations inconsistent herewith are hereby repealed, with the provision that violations of those ordinances, local laws or regulations and all amendments thereto shall remain violations to the extent that the matters in violation do not conform to the provisions of this chapter.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
Should a subdivision be created by deed or otherwise after the effective date of this chapter without following the rules and procedures set forth herein, then, in that event, no further permits or certificates shall be issued for the subdivided property including the original parcel from which the subdivision was created. Subdivisions of land created prior to the enactment of this chapter are not subject to the provisions of this section.
In addition to the actions authorized by §§ 242-8 and 242-9, appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate any violation of this chapter or to prevent illegal occupancy of a building, structure or premises.
Assignment of a tax number or other mode of separate identification of a unit of land by the Assessor for the purpose of tax administration shall not be deemed to create or legitimatize a division of land otherwise invalid hereunder.
For each application for a site plan or subdivision, the Town of Glenville shall collect a fee from the applicant. The schedule of these fees is established by resolution of the Town Board and updated from time to time.[1] In addition to the fees which are designed to reimburse the Town for expenses of review by the Planning and Zoning Commission, the Town Board may authorize the charging of plan-specific fees for engineering review, SEQRA review and legal review for site plans and subdivisions submitted to the Planning and Zoning Commission. No permit or certificate of any kind shall be issued for any parcel of land or subdivision for which there are monies due to the Town of Glenville pursuant to this chapter and resolutions enacted hereunder. Said fees shall be subject to the provisions of Article V herein.
[1]
Editor's Note: See Ch. 139, Fees.