These regulations are adopted by authority of
the Town Board resolution of February 16, 1929, pursuant to the provisions
of Article 16 of the Town Law of the State of New York.
Land within the unincorporated portion of the
Town of New Castle may be subdivided into lots, blocks or sites, with
or without streets or highways, only if approved by the Planning Board
in accordance with the procedures and requirements as set forth in
these regulations and only if the approved plat is duly filed in the
office of the County Clerk of Westchester County, New York. Construction,
excavation, filling, regrading, clearing of vegetation or other similar
activities related to a proposed subdivision shall not be begun within
any area proposed or intended for subdivision until said subdivision
shall have been approved or conditionally approved by the Planning
Board.
[Amended 3-9-1982; 10-12-1982]
A resubdivision, as defined herein, is subject
to the same procedure, rules and regulations applicable to an original
subdivision, except that where the Planning Board determines that
a proposed resubdivision, if approved, would be consistent with the
general requirements for subdivision design as set forth in these
regulations, is not significant in terms of its potential development
impact and will not otherwise hinder or preclude the proper future
use of the subject property and surrounding sites, the Planning Board
may, by resolution, waive jurisdiction. Such waiver shall be subject
to the submission of a final resubdivision plat in proper form suitable
for filing, the payment of a preliminary application fee, the endorsement
of waiver by the Planning Board Chairman, filing of the plat in the
office of the Westchester County Clerk and such other conditions as
the Planning Board may determine to be necessary or appropriate.
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. Land to be subdivided shall
be of such character that it can be used safely for building or development
purposes without danger to health or peril from fire, flood or other
menace and without resulting in significant damage to the ecology
of the area in which it is located. Proper provision shall be made
for drainage, water, sewerage, electric, telephone, gas and other
needed improvements. The proposed streets shall compose a convenient
system conforming to the Official Map and shall be properly related
to the proposals shown on the Town Development Plan. Streets shall
be of such width, grade and location as to accommodate the prospective
traffic, to afford adequate light and air and to facilitate fire and
police protection. In proper cases and when required by the Planning
Board, a park or parks of suitable location, size and character for
playground or other recreational purposes shall be shown on the subdivision
plat.
No permit shall be issued for the erection of
any building within a proposed subdivision until said subdivision
has been duly approved by the Planning Board and filed in the office
of the County Clerk, except that the Building Inspector may issue
a building permit for a single building based upon the entire tract
of land where there is no other existing building within the proposed
subdivision and where the location of the proposed building is in
accordance with an approved preliminary plat.
Where the Planning Board finds that, because
of the special circumstances of a particular case, extraordinary hardship
may result from strict compliance with these regulations, it may modify
the regulations so that substantial justice may be done and the public
interest secured; provided, however, that any such modification shall
be consistent with the spirit and intent of these regulations, all
Town ordinances, the Town Development Plan and the Official Map. In
permitting any such modification, the Planning Board shall attach
such conditions as are, in its judgment, necessary to secure substantially
the objectives of the standard or requirement so modified.
A.
Procedure. These regulations may be amended by the
Planning Board after public hearing and subject to the approval of
the Town Board. Notice of the time, place and purpose of such hearing
shall be given by publication in the official Town newspaper at least
five days prior to the date on which it is to be held. A copy of the
proposed amendment shall be placed on file in the office of the Town
Clerk, where it shall be available for public inspection during normal
working hours for at least five days before such hearing.
B.
Applicability. Amendments adopted by the Planning
Board shall take effect on the date of Town Board approval or at such
time as provided in the resolution of approval and shall apply to
any preliminary subdivision which has not received conditional approval
prior to such date and to any conditionally approved subdivision for
which a formal application for final approval is not received within
six months of the date of conditional approval.
In order that land may be subdivided in accordance
with the authority, jurisdiction and policy as set forth above, these
regulations are hereby adopted.
