By authority of the resolution adopted by the
Town Board on the 14th day of April 1969, the Planning Board of the
Town of Plattekill has been granted the authority to approve subdivision
plats and to establish rules, regulations and conditions, including
the conducting of hearings for such approval, in accordance with such
procedure as provided in §§ 272 through 281 inclusive
of the Town Law of the State of New York and acts amendatory thereof.
It is declared to be the policy of the Town
of Plattekill 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 the natural terrain, vegetation and
soil shall be conserved wherever possible; that all proposed lots
shall be so laid out and of such size so as to be in harmony with
the development pattern of neighboring properties; that the proposed
streets shall compose a convenient system conforming and properly
related to the proposals shown on the Town Development Plan and shall
be of such width, grade and location as to accommodate prospective
traffic, to facilitate fire protection and to provide access for fire-fighting
equipment to buildings; and that proper provision shall be made for
open spaces for parks and playgrounds.
Should any of these provisions conflict with
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 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 connection facilities in proximity to the
subdivision or would cause unusual hardship, provided that the public
interest is protected and the development is in keeping with the general
spirit and intent of this chapter, the Zoning Ordinance[1] and the Town Development Plan.
No permit for the erection of any building shall
be issued unless a street or highway giving access to such proposed
structure is shown upon a plat approved by the Planning Board or is
an existing state, county or Town road or is a street on a plat duly
filed and recorded in the office of the County Clerk or Registrar
prior to the appointment of such Planning Board and the grant to such
Board of the power to approve plats.
No permit for the erection of any building shall
be issued where such building is on a lot forming part of a subdivision
on which, according to this chapter, the Planning Board has been required
to act, until such time as final Planning Board approval for that
subdivision has been obtained in accordance with the procedures set
forth in this chapter.
Section 334 of the Real Property Law requires
anyone who subdivides land to file a map (plat) in the office of the
County Clerk and another copy of said map (plat) in the County Tax
Map Department.
Where a subdivision plat filed in the office
of the County Clerk prior to the adoption of this chapter 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 this chapter and
in accordance with § 265-a of the Town Law after a period
of two years subsequent to the adoption of this chapter.
For the purpose of this chapter, which shall
be known as and may be cited as the "Town of Plattekill Subdivision
Regulations," certain words used herein are defined as follows:
The Town Planning Board of the Town of Plattekill.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
The duly designated Engineer of the Town of Plattekill or,
if there is no such official, the planning consultant or engineer
employed by or assigned to the Planning Board.
The final map, drawing or chart on which the subdividers
plan of subdivision is presented to the Planning Board for approval
and which, if approved, will be submitted to the County Clerk or Registrar
for recording.
Any facility with an expected useful life of at least five
years which is affixed to or embedded in ground and serving a lot
or lots created by the subdivision. Examples of improvements are streets,
sidewalks, driveways, curbs, culverts, utilities, water supply systems
and sewage collection systems.
The date when a sketch plan, preliminary plat or final plat
shall be considered submitted to the Planning Board, hereby defined
to be the date of the regular monthly meeting of the Planning Board,
at least 10 days prior to which all required surveys, plans, data
and fees are filed with the Chairman or other authorized person of
the Planning Board.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed.
The preliminary drawings or maps indicating the proposed
layout of the subdivision to be submitted to the Planning Board for
its consideration.
That portion of a street that is paved and ordinarily used
for vehicular traffic.
A freehand sketch showing the general features of a proposed subdivision in accordance with § 93-12 of this chapter.
A way for vehicular traffic, whether designated as a street,
highway, throughway, thoroughfare, parkway, road, avenue, boulevard,
right-of-way, lane, place or however otherwise designated.
MAJOR OR ARTERIAL STREETOne which is used primarily for fast-moving and/or dense traffic as a route between communities.
COLLECTOR STREETA street which, in the judgment of the Board, carries traffic from minor streets to major streets or systems of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETOne which is used primarily for access to its abutting properties.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of the properties otherwise abutting on a street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof, as defined herein,
either for himself or others.
Any tract of land which is hereafter divided into two or
more parcels along an existing or proposed street, highway, easement
or right-of-way. The following shall not be considered "subdivisions,"
within the meaning of this chapter, if no new streets are created:
divisions of property upon court order and conveyances so as to combine
existing lots by deed or other instrument. The term "subdivision"
shall include "resubdivision," as defined in § 276 of the
Town Law.
The Town Superintendent of Highways.
The Town Board of the Town of Plattekill.
A comprehensive plan for the development of the Town prepared
by the Planning Board, pursuant to § 272-a of the Town Law,
which indicates the general locations recommended for various public
works and reservations and for the general physical development of
the Town, and including any part of such plan separately adopted and
any amendment to such plan or parts thereof.
The officially adopted Zoning Law of the Town, together with
any and all amendments thereto in accordance with Article 16 of the
Town Law.
