By the authority of the resolution of the Town
Board of the Town of Gardiner, Ulster County, New York, adopted pursuant
to the provisions of Article 16 of the Town Law of the State of New
York, the Planning Board of the Town is authorized and empowered to
approve plats showing lots, blocks or sites, with or without streets
or highways, to approve the development of entirely or partially undeveloped
subdivisions for which plats are already filed in the office of the
County Clerk, and to conditionally approve preliminary plats.
It is declared to be the policy of the Town
to consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the Town. 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 provisions shall
be made for drainage, water supply, sewerage, and other needed improvements;
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;
that the proposed streets shall compose a convenient system conforming
to the Official Map, if such exists, and shall be properly related
to the proposals shown on the Town Comprehensive Plan, if such exists,
and shall be of such width, grade, and location as to accommodate
the prospective traffic, to facilitate fire protection, and to provide
access of firefighting equipment to buildings; and that proper provision
shall be made for open spaces for parks and playgrounds. All land
is not necessarily suitable for subdivision.
Should any of these regulations conflict or
be inconsistent with any provision of the Town Law, such provision
of the Town Law shall apply.
The Planning Board may waive, subject to appropriate conditions, the provision of any or all such improvements and requirements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety, and general welfare, or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision or would cause unusual hardship, provided the public interest is protected and the development is in keeping with the general spirit and intent of these regulations, the Town Official Map, Chapter
220, Zoning, and the Town Comprehensive Plan, if such exist. However, no procedural steps set forth in Subsection
A of §
188-10 shall be waived or omitted, except as provided in Subsection
B of §
188-10. A waiver shall not be granted except by a vote of a majority plus one.
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 Town Engineer 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. 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.
[Amended 8-12-2003 by L.L. No. 3-2003]
If any person transfers or sells or agrees to
sell, as owner or agent, any land which forms a part of a subdivision
on which the Planning Board is required to act without submitting
the subdivision for review, on or before favorable referral and final
approval has been obtained, such person shall be subject to a fine
not to exceed $250, or to imprisonment for not more than 15 days,
or both. Each parcel, plot or lot so disposed of shall be deemed a
separate violation. Furthermore, no building permit shall be issued
for any such parcel, plot or lot that is in violation of these regulations.
These regulations or any portion thereof may
be amended, supplemented, or repealed at any time by the Town Board.
All proposed amendments to this chapter shall be referred to the Planning
Board for study and recommendation prior to consideration by the Town
Board; provided, however, that if the Planning Board fails to make
its report and recommendation within 45 days after referral, it shall
be deemed to have approved same and the Town Board may proceed to
act thereon accordingly.