By the authority of the resolution of the Town
Board of the Town of New Berlin, adopted on February 5, 1990, pursuant
to the provision of Article 16 of the Town Law of the State of New
York, the Planning Board of the Town of New Berlin 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 plats already filed in the office of the
Clerk of the county and to approve preliminary plats within that part
of the Town of New Berlin outside the limits of any incorporated city
or village. 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, 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 provision
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 Comprehensive Plan and shall
be of such width, grade and location as to accommodate the prospective
traffic, to facilitate fire protection and to provide access of fire-fighting
equipment to buildings; and that proper provision shall be made for
open spaces for parks and playgrounds.
[Amended 8-21-1995 by L.L. No. 5-1995]
In order that land subdivisions may be made
in accordance with this chapter, these regulations, which shall be
known as and which may be cited as the "Town of New Berlin Land Subdivision
Regulations," have been adopted by the Planning Board on January 8,
1990, and approved by the Town Board on February 5, 1990, as amended.
These regulations are adopted for the following
purposes:
A. To protect and provide for the public health, safety
and general welfare of the municipality.
B. To guide the future growth and development of the
municipality, in accordance with the Comprehensive Plan.
C. To provide for adequate light, air and privacy, to
secure safety from fire, flood and other danger and to prevent overcrowding
of the land and undue congestion of the population.
D. To protect the character and the social and economic
stability of all parts of municipality and to encourage the orderly
and beneficial development of all parts of the municipality.
E. To protect and conserve the value of land throughout
the municipality and the value of buildings and improvements upon
the land and to minimize the conflicts among uses of land and buildings.
F. To guide public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
schools, parks, playgrounds, recreation and other public requirements
and facilities.
G. To provide the most beneficial relationship between
the uses of land and buildings and the circulation of traffic throughout
the municipality, having particular regard to the avoidance of congestion
in the streets and highways, and the pedestrian traffic movements
appropriate to the various use of land and buildings and to provide
for the proper location and width of streets and building lines.
H. To establish reasonable standards of design and procedures
for subdivisions and resubdivisions, in order to further the orderly
layout and use of land, and to ensure proper legal descriptions and
monumenting.
I. To ensure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision.
J. To prevent the pollution of air, streams and ponds,
to assure the adequacy of drainage facilities, to safeguard the water
table and to encourage the wise use and management of natural resources
throughout the municipality in order to preserve the integrity, stability
and beauty of the community and the value of the land.
K. To preserve the natural beauty and topography of the
municipality and to ensure appropriate development with regard to
these natural features.
L. To provide for open spaces through the most efficient
design and layout of the land, including the use of techniques such
as clustering.