By the authority of the resolution of the Town
Board of the Town of Esopus, adopted on __________________ pursuant
to the provisions of § 276 of the Town Law of the State
of New York, the Planning Board of the Town of Esopus is authorized
and empowered to approve preliminary and final plats of subdivisions,
showing lots, blocks or sites, with or without streets or highways,
and to approve the development of entirely or partially undeveloped
plats already filed in the office of the Clerk of the county, within
that part of the Town of Esopus outside the limits of any incorporated
city or village.
These regulations shall be known and may be
cited as the "Land Subdivision Regulations of the Town of Esopus,
New York."
A.
Repealer. All ordinances, local laws, resolutions
or parts thereof inconsistent with the provisions of these regulations
are hereby repealed to the extent of such inconsistency, specifically
the Subdivision Regulations adopted by the Town Board as most recently
amended through Local Law No. 10-1985, adopted 12-28-1985.
B.
Amendments. These regulations or any portion thereof
may be amended, supplemented or repealed at any time by the Town Board
on its own motion or by petition or by recommendation of the Planning
Board. All proposed amendments shall be referred to the Planning Board
for study and recommendation, and the Planning Board, prior to taking
action on any proposed amendment, shall hold a public hearing thereon,
which hearing has been duly advertised at least 10 days prior to such
public hearing in a newspaper of general circulation in the Town.
It is declared to be the policy of the Planning
Board to consider land subdivisions as part of a plan for the orderly,
efficient and economical development of the Town. This shall be interpreted
to include the following objectives which shall guide the Planning
Board's decisions:
A.
Character of land. 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.
B.
Improvements. Proper provision shall be made for drainage,
water supply, sewerage and other needed improvements.
C.
Natural resources. The natural terrain, vegetation,
and soil shall be conserved wherever possible.
D.
Design compatibility. All proposed lots shall be said
laid out and of such size as to be in harmony with the development
pattern of the neighboring properties.
E.
Street layout. The proposed streets shall compose
a convenient system conforming to the Official Map, if such exists
and shall be property related to the proposals shown on the Town Comprehensive
Plan, if such exists.
F.
Street design. Streets shall be of such width, grade
and location as to accommodate the prospective traffic, to facilitate
fire protection and public safety and to provide access of firefighting
equipment to buildings.
G.
Recreation. Proper provision shall be made for open
space for parks and playgrounds.
Should any of these regulations conflict or
be inconsistent with any provision of the New York State Town Law,
such provision of the Town Law shall apply.
Should any section or provision of these regulations,
as contained herein or as hereafter amended, 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 of any part thereof
other than the part so declared to be invalid.
A.
General. Where the Planning Board finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or that the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers to these subdivision regulations having to do with the required improvements set forth in Article IV and Article V, so that substantial justice may be done and the public interest secured, provided that such waiver shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the Planning Board shall not approve waivers unless it shall make findings based upon the evidence presented to it in each specific case that:
(1)
The granting of the waiver will not be detrimental
to the public safety, health or welfare or injurious to other properties.
(2)
The conditions upon which the request for a waiver
are based are unique to the property for which the waiver is sought
and are not applicable generally to other properties.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out.
(4)
The waivers will not in any manner vary the provisions
of the Zoning Law/Ordinance, Master Plan or Official Map.
B.
Conditions. In approving waivers, the Planning Board
may require such conditions as will, in its judgement, secure substantially
the objectives of the standards or requirements of these regulations.
C.
Procedures.
(1)
A petition for any such waiver shall be submitted
in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Planning Board. The petition
shall state fully the grounds for the application and all of the facts
relied upon by the petitioner.
(2)
The Planning Board shall document, in writing, any
and all waivers to these regulations that are so granted.
Pursuant to the provisions of § 280-a
of the Town Law, no permit for the erection of any building or structure
on any tot in a proposed subdivision shall be issued unless the subdivision
has been duly approved and endorsed by the Planning Board, the plat
has been duly filed in the office of the County Clerk, and the street
or highway giving access to said lot has been suitably improved to
the satisfaction of the Planning Board, or a performance bond or letter
of credit, or cash deposit as required by the Planning Board, has
been duly filed with the Town to cover the cost of such improvement.
A.
Access. Whenever access to the subdivision is required
across land in another municipality, the Planning Board may request
assurance from the Town Attorney that access is legally established
and from the Engineer for the Planning Board that the access road
is adequately improved, or that a performance bond has been duly executed
and is sufficient in amount to assure the construction of the access
road.
B.
Layout of lots. In general, lot lines should be laid
out so as not to cross Town boundary lines.
For a resubdivision, the same procedure, rules
and regulations shall apply as for a subdivision.
