[Adopted 9-17-1985 by L.L. No. 4-1985]
The purpose of this Part 1 is to protect the
public health, safety and welfare of the residents of the Town of
Woodstock and to provide for the orderly, efficient, aesthetic and
economical development of the Town by providing a uniform means of
enforcing the subdivision rules and regulations and the decisions
of the Planning Board of the Town of Woodstock, Ulster County, New
York.
For the purposes of this Part 1, certain words
and terms used herein are defined as follows:
Any change in the plat of a subdivision which has previously
been filed in the office of the County Clerk.
Any person, firm, corporation, partnership or association
who or which shall lay out any subdivision or part thereof as defined
herein, either for himself, itself or others.
The division of any parcel of land or contiguous parcels
of land held in common ownership into two or more lots, blocks or
sites, with or without streets or highways, and includes resubdivision.
The Subdivision Regulations of the Town of Woodstock, Ulster
County, New York, as adopted May 17, 1994, by Local Law No. 1-1994,
as the same may be amended or replaced from time to time.[1]
A.
No subdivider shall offer to sell or offer to convey
or offer to transfer or offer to lease any subdivision or resubdivision
or lot, block or site or part of a subdivision or resubdivision without
having fully complied with the Town of Woodstock Subdivision Regulations
and without having obtained approval of the Town of Woodstock Planning
Board pursuant to the Town of Woodstock Subdivision Regulations and
Article 16 of the Town Law.
B.
No subdivider shall sell or convey or transfer or
lease any subdivision or resubdivision or lot, block, site or part
of a subdivision or resubdivision without having fully complied with
the Town of Woodstock Subdivision Regulations and without having obtained
approval of the Town of Woodstock Planning Board pursuant to the Town
of Woodstock Subdivision Regulations and Article 16 of the Town Law.
Any owner of real property who shall create
a subdivision or who shall subdivide real property into lots within
the Town of Woodstock without first obtaining approval of the Planning
Board of the Town of Woodstock of a subdivision map or plat showing
the land to be subdivided shall be guilty of a violation of this Part
1. Any contract vendee, agent or contractor of such owner who shall
knowingly participate in such violation and any grantee of such owner
who shall knowingly participate in such violation shall also be guilty
of a violation of this Part 1.
A.
Where a violation of the Subdivision Regulations of
the Town of Woodstock as heretofore adopted and approved and from
time to time hereafter amended has been committed or shall exist,
any contract vendee, agent or contractor of such owner who shall knowingly
participate in such violation and any grantee of such owner who shall
knowingly participate in such violation shall be guilty of a violation
of this Part 1.
B.
Where a violation of any provision or condition of
any resolution or approval of the Planning Board of the Town of Woodstock
relating to a subdivision, adopted or granted under the authority
of its rules and regulations or otherwise pursuant to law, has been
committed or shall exist, the owner of the real property where such
violation has been committed or shall exist, any contract vendee,
agent or contractor of such owner who shall knowingly participate
in such violation, and any grantee of such owner who shall knowingly
participate in such violation shall be guilty of a violation of this
Part 1.
A.
Fines and imprisonment. A violation of the Town of
Woodstock Subdivision Regulations or of this Part 1 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 the Subdivision Regulations
or of this Part 1 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.[1]
B.
Civil remedies. In case any land is divided into lots,
blocks, or sites in violation of the Subdivision Regulations of the
Town of Woodstock or this Part 1, the Building Inspector or other
proper local authorities of the Town of Woodstock, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent such unlawful use or division of land, to restrain, correct
or abate such violation, and to prevent any illegal act, conduct,
business or use in or about such premises, and upon the failure or
refusal of the proper local officer, board or body of the Town to
institute any such appropriate action or proceeding for a period of
10 days after written request by a resident taxpayer of the Town so
to proceed, any three taxpayers of the Town residing in the district
wherein such violation exists who are jointly or severally aggrieved
by such violation may institute such appropriate action or proceeding
in like manner as such local officer, board or body of the Town is
authorized to do.[2]
C.
Administrative remedies.
(1)
The Building Inspector of the Town of Woodstock is
also specifically authorized and empowered to deny or to withhold
the issuance of a permit to erect or construct a building or other
structure to the subdivider and/or developer who has subdivided said
land in violation of the Subdivision Regulations of the Town and may
withhold or deny said building permit to any subsequent grantee, owner,
contract vendee, agent or contractor who shall knowingly participate
in such violation.
(2)
In addition to the above authority, and pursuant to
§ 280-a of the Town Law, the Building Inspector of the Town
of Woodstock is also authorized and empowered to withhold or deny
a building permit for the construction or erection of any building
or structure unless suitably improved access to such proposed building
or structure is provided by a street or highway that has been duly
placed on the Official Map or plan of the Town of Woodstock, if any,
and if none, unless such street or highway giving access is an existing
state, county or Town highway, or a street or road shown on a plat
approved by the Planning Board, or a street or road shown on a plat
duly filed and recorded in the office of the Ulster County Clerk prior
to the appointing of the Planning Board and its grant of authority
to approve plats.
(3)
Nothing above contained in this Part 1 shall be deemed
to restrict or impair the power and authority of the Building Inspector
or other enforcement officer of the Town of Woodstock to deny or withhold
the issuance of a building permit, certificate of occupancy or other
permit or license if the issuance of the same would be in conflict
with or in violation of the Town of Woodstock Zoning Regulations.[3]
This Part 1 shall be enforced by the person
designated by the Town Board as the Building Inspector or by any other
employee of the Town of Woodstock hereinafter designated by resolution
of the Town Board of the Town of Woodstock.
