A.
This chapter is adopted under the authority provided
to the Town by the Town Law, Municipal Home Rule Law and the State
Environmental Quality Review Act.
B.
The Town Planning Board shall be authorized and empowered
to approve preliminary and final plans of subdivisions showing lots,
blocks or sites, with or without streets or highways, within the Town,
pursuant to § 276 of the Town Law.
C.
The Planning Board shall be also authorized and empowered
to approve the development of those plans filed in the office of the
County Clerk prior to February 8, 1975, where 20% or more of the lots
are unimproved.
D.
This chapter has been adopted by the Town Board of the Town as a local law pursuant to the authority of the state Municipal Home Rule Law. It repeals a subdivision ordinance enacted by the Town Board on August 21, 1962. Section 276, Subdivision 5(a), of the Town Law is hereby specifically superseded so as to permit exemption of certain subdivisions from the requirement to file plans for Planning Board approval, pursuant to § 300-13 hereof. Section 276, Subdivision 5, of the Town Law is superseded to provide that a public hearing on a preliminary plan shall include consideration of environmental impacts and be scheduled upon completion by the applicant of Part I of the Environmental Assessment Form required under the State Environmental Quality Review Act (SEQRA) and draft versions of Parts II and III as may be required, prior to completion of the SEQRA process.
This chapter is adopted for the following purposes:
A.
Promoting the orderly growth and development of the
Town in accordance with the Town of Bethel Comprehensive Plan.
B.
Affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, health and safety of Town residents.
C.
Minimizing foreseeable maintenance and improvement
problems as well as economic burdens associated with development of
land.
D.
Protecting the attractiveness of the Town environment
by requiring effective design of all subdivisions.
A.
Regardless of whether or not any formal conveyance
shall be made, when any subdivision of land is proposed and before
any offer is made to sell any part or all of a subdivision and before
any permit for the erection of any structure in such subdivision shall
be issued or any grading, clearing, construction or other improvements
shall be undertaken, the subdivider or his authorized agent shall
first obtain the appropriate approval of the proposed subdivision
in accordance with the requirements of this chapter.
B.
It shall further be the obligation of each prospective
purchaser or developer of a lot that forms any part of a subdivision
to ensure that appropriate subdivision approval has been obtained.
In the absence of such subdivision approval, a prospective purchaser
shall not commence the erection of any structure on such lot, nor
commence any grading, clearing, construction or other improvements.
C.
This chapter shall not apply to natural subdivisions or lot improvements as provided for herein (see § 300-13 hereof). The Town Code Enforcement Officer shall be authorized, where requested and for legal recording purposes, to indicate in writing on any qualifying plan presented that "These plans are acknowledged by the Town, and for recording purposes only, to represent an exempt lot improvement and natural subdivision in accord with § 300-13 of the Town Subdivision of Land Law. No subdivision approval is required or given." No plan so submitted, however, shall indicate that a subdivision is being created or approved.
D.
This chapter shall apply to all pending applications
before the Planning Board except those applications that have received
preliminary approval as of July 8, 2008.
E.
When a preliminary plan has been duly approved, the
applicant shall be entitled to final plan approval in accordance with
the terms of the approved preliminary plan as hereinafter provided.
Such approval shall be effective for six months; provided, however,
that the Planning Board may extend such period if, in its opinion,
the circumstances warrant an extension for up to two three-month periods
beyond the initial six months. However, if an application is properly
and finally denied, any subsequent application shall be subject to
the intervening change in this chapter. When an application for approval
of a plan, whether preliminary or final, has been approved without
conditions or approved by the applicant's acceptance or satisfaction
of conditions, no subsequent change or amendment in the subdivision
law of the Town shall be applied to affect adversely the right of
the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of approval.
A.
This chapter, in its interpretation and application,
shall be held to be the minimum requirements for the promotion of
the public health, safety and general welfare.
B.
This chapter is not intended to interfere with, abrogate or annul any other law, rule or regulation, statute or provision of law. Where any of the provisions of this chapter impose restrictions different than any other law, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control; provided that, in the event of an apparent conflict between this chapter and Chapter 345, Zoning, of the Code of the Town, the latter shall control. This chapter, however, shall repeal and replace in its entirety the Subdivision of Land Law approved by the Town Board on August 21, 1962, including all amendments thereto preceding the enactment of this chapter as a local law.
C.
If any part or provision of this chapter is judged
invalid by any court of competent jurisdiction, such judgment shall
be confined in application to the part or provision directly on which
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter nor the application thereof
to other persons or circumstances. The Town hereby declares that it
would have enacted the remainder of this chapter even without such
part or provision or application.
A.
The Planning Board shall have the power to authorize
waivers and modifications from the requirements of this chapter when,
in its opinion, unreasonable hardship will result from strict compliance
therewith, provided that the resolution shall state therein the facts
on which the Planning Board bases its finding that unreasonable hardship
will result from strict compliance with this chapter. The subdivider
shall submit applications for waivers or modifications in writing
at the time an application and fee are submitted for a public hearing.
The application shall state fully the grounds for waiver or modification
and state the facts relied upon by the subdivider.
B.
Waiver or modifications may be granted only where
the following conditions occur:
(1)
Where it is impractical, because of unique natural
or physical circumstances, that the property be developed in strict
conformity with the provisions of this chapter.
(2)
The above hardship would be unique and not shared
by other properties in the immediate vicinity.
(3)
The variation or waiver would not change the character
of the area and would preserve the purposes and intent of this chapter.
C.
Any waiver or modification authorized by the Planning Board shall be made by resolution and such resolution shall make the findings set forth in Subsection B of this section. In authorizing a waiver or modification, the Planning Board may attach conditions and require such performance guarantee as it may deem necessary to assure compliance with the objective of this chapter.
Any person or persons jointly or severally aggrieved
by the decision of the Planning Board or Town in regard to the administration
of this chapter may apply to the Supreme Court for review under Article
78 of the state Civil Practice Law and Rules.
A.
A violation of this chapter is hereby declared to
be an offense punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
The Town shall be authorized to initiate and maintain
a civil action to obtain a writ of injunction against subdividers
who attempt the improper sale, lease or conveyance of land, or to
set aside and invalidate any conveyance of land made prior to Town
approval. It shall take other action as necessary to prevent or remedy
any violation.
Amendments to this chapter shall be made pursuant
to the state Municipal Home Rule Law. Also, should provisions of Town
Law be amended to require actions different from those specified herein,
the state requirements shall prevail.
