A.
By the authority of the resolution of the Town Board
of the Town of Marlborough, Ulster County, New York, adopted on June
11, 1973, pursuant to the provisions of the Town Law, Chapter 16 of
the Consolidated Laws of the State of New York, the Planning Board
of the Town of Marlborough is authorized and empowered to approve,
approve with modifications and disapprove plats showing lots, blocks
or sites, with or without streets or highways, to approve the development
of entirely or partially undeveloped plats already filed in the office
of the Clerk of the county and to conditionally approve preliminary
plats. All subdivision plats hereinafter submitted to the Planning
Board for approval shall be governed by the provisions of this chapter.
B.
This amendment to the land subdivision regulations
was recommended by the Town of Marlborough Planning Board on August
23, 1994. It is based on revisions to Town Law § 271, Subdivision
13, Chapter 663, Laws of 1992, effective July 1, 1993, and supersedes
a previous comprehensive amendment of these regulations adopted by
the Town Board on March 14, 1988, and all earlier amendments.
C.
Town Law § 271, Subdivision 13, Chapter
663, Laws of 1992, effective July 1, 1993, provides that adoption
of land subdivision regulations shall henceforth be by local law,
as opposed to a resolution. This amendment to the land subdivision
regulations was therefore enacted by the Town Board of the Town of
Marlborough as Local Law No. 3 of 1994 on October 24, 1994. It became
effective upon filing with the Secretary of State of the State of
New York on November 7, 1994.
A.
It is declared to be the policy of the Planning Board
to consider land subdivision plats as part of a plan for the orderly,
efficient and economical development of the town. This means, among
other things:
(1)
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.
(2)
That proper provisions shall be made for drainage,
water supply, sewerage and other needed improvements.
(3)
That all proposed lots shall be so laid out and of
such size as to be in harmony with the development pattern of the
neighboring properties.
(4)
That the proposed streets shall compose a convenient
system conforming to the proposals shown in the Comprehensive Plan
and shall be of such width, grade and location as to accommodate prospective
traffic, facilitate fire protection and provide access for fire-fighting
equipment to buildings.
(5)
That proper provision shall be made for open spaces
for parks and playgrounds.
B.
In order that land subdivision may be accomplished
in accordance with this policy, these regulations, which shall be
known as the "Town of Marlborough Land Subdivision Regulations," have
been adopted.
A.
No subdivision of any lot, tract or parcel of land
shall be effected; no erection of any structure in such proposed subdivision
shall commence; no street, sanitary sewer, storm sewer, water main
or other facilities in connection therewith shall be laid out, constructed,
opened or dedicated for public use and travel or the common use of
occupants of buildings abutting thereon except in strict accordance
with the provisions of this chapter.
B.
Recording. All plans for subdivisions shall be submitted
to the Planning Board and approved by it before they shall be recorded
by the County Clerk in accordance with Chapter 257 of the Town Law.
C.
Extent. The provisions contained herein shall apply
to all land within the limits of the Town of Marlborough.
Where a subdivision plat filed in the office
of the County Clerk is entirely or substantially undeveloped, the
Planning Board may require those portions which are entirely or substantially
undeveloped to be replatted and improved to the standards and requirements
of these subdivision regulations and in accordance with § 265-a
of the Town Law after a period of two years subsequent to the adoption
and approval of these regulations.
