These regulations are adopted in accordance with the provisions
of § 271 of the Town Law. The procedures and requirements
prescribed herein are promulgated in accordance with §§ 276,
277, 278 and 279 of the Town Law.
The purpose of these regulations is to provide for orderly efficient
growth within the Town of Clayton, and to afford adequate facilities
for transportation, housing, comfort, convenience, safety, health
and general welfare of its population.
No portion of a tract of land that has been filed with the Clerk of Jefferson County shall be sold, offered for sale, lease or otherwise disposed of by its owner, whether it be a person, company or corporation, until a plan or map of the proposed land division shall be submitted to the Planning Board for review and either approved or deemed approved by failure of the Planning Board to render a decision within the required time period as set forth in Article III or found not to be subject to these regulation, as specified herein.
These regulations shall be administered by the Planning Board
as defined herein.
The Planning Board, in keeping with § 277 of the Town
Law, may waive, when reasonable, any improvements and requirements
for the approval, approval with modifications or disapproval of subdivisions
when in the opinion of the Planning Board they are not essential to
the public's health, safety and general welfare.
Application and other fees shall be set by resolution of the
Town Board.
As used in this chapter, the following terms shall have the
meanings indicated:
A statement identifying farm operations within an agricultural
district located within 500 feet of the boundary of the property upon
which an action requiring municipal review and approval by the Planning
Board, Zoning Board of Appeals, or Town Board is located.
A district created by the County Board of Supervisors, according
to Article 25-AA of the Agriculture and Markets Law.
Individual making application for the subdivision of any
existing tract of land, i.e., landowner(s) or agent, designated by
landowner(s).
The relocation of lot lines of any lot or parcel, the deed
to which was previously recorded in the Office of the County Clerk
and the purpose of which is to adjust the boundary lines of contiguous
parcels.
[Added 5-10-2017 by L.L.
No. 1-2017]
An alternative permitted method of the development of such plat or plats to allow all of the development which could occur on a particular parcel of land to be developed on a portion of said parcel. (Refer to Article VI.)
A demarcated area of pooled land created in the platting
of a cluster development and designated on the plat thereof for park,
recreation, open space or other municipal purposes directly related
to the plat.
A perpetual restriction on the use of land created in accordance
with the provisions of Article 49, Title 3 of the Environmental Conservation
Law or § 247 of the General Municipal Law, for the purposes
of conservation of open space, agricultural land and natural, cultural,
historic and scenic resources.
Approval of Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving
such plat. Such conditional approval does not qualify a final plat
for recording nor authorize any permits prior to the signing of the
plat by duly authorized officer of the Planning Board and recording
of the plat in the office of the Clerk of Jefferson County.
The individual responsible for physical improvements upon
and to one or more lots of a subdivision, not necessarily the subdivider.
The land used in agricultural production, farm buildings,
equipment and residential farm buildings.
A drawing prepared as prescribed in § 186-27, including the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved.
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed;
such final approval qualifies the plat for recording in the office
of the Clerk of Jefferson County.
A subdivision plat with the associated documentation and information that includes all of the material required for final subdivision review as outlined in § 186-27, hereinafter, including that information that may be additionally required by the Planning Board as essential to the final subdivision review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An area of land not developed with structures and having
distinct conservation value(s) that may include scenic, ecological,
agricultural or other natural resources, i.e., scenic view corridors,
agricultural and forested areas, etc.
A land area meeting the definition of open space on which
a conservation easement has been placed to permanently protect the
conservation value(s) associated therewith.
The Planning Board of the Town of Clayton.
A drawing prepared as prescribed in § 186-26.
The approval of the layout of a proposed subdivision set
forth in a preliminary plat but subject to the approval of the plat
in final form.
A subdivision plat with the associated documentation and information that constitute all the material required for preliminary subdivision review as outlined in § 186-26 of these regulations and such additional information as may be required by the Planning Board as essential to the preliminary subdivision review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
State Environmental Quality Review.
Owner(s) of a tract of land for which an complete application
for subdivision is duly submitted to the Planning Board for processing
and which is subsequently approved by the Planning Board and the approved
plat thereof is filed, in timely fashion, with the office of the Clerk
of Jefferson County.
The division of any existing tract of land into more than
one lot, block or site, with or without streets and highways, for
the purpose of sale, transfer of ownership or development; the term
shall include any alteration of lot lines or dimensions of any lots
or sites shown on a plat previously approved and filed in the office
of the Clerk of Jefferson County.
NOTE: When classifying subdivisions, each part of the entire
tract of land will be counted as a lot.
Any person appointed, designated or otherwise retained by
the Town Board to carry out the functions assigned to such person
by this chapter. Unless a separate person is appointed by the Town
Board, the Town Zoning Officer/Code Enforcement Officer shall serve
as the Subdivision Inspector.
[Added 5-10-2017 by L.L.
No. 1-2017]
The division of any existing tract of land resulting in the
creation of five or more lots fronting on an existing private, Town,
county or state road or any subdivision requiring a new road. A tract
of land shall constitute a major subdivision upon the sale, rental,
offer for sale or lease or building development of the fifth lot thereof
within any consecutive three-year period.
The division of any tract of land that results in the creation
of four or less lots fronting on an existing private, Town, county
or state road.
The minor subdivision of a tract of land that upon review
by the Subdivision Inspector is determined not to be subject to the
subdivision review processes contained in these regulations and procedures
and, in the opinion of the Subdivision Inspector, is unlikely to have
any adverse impacts upon the environment or the public health, safety
and welfare.
[Amended 5-10-2017 by L.L. No. 1-2017]
Town of Clayton.
The Town Board of the Town of Clayton.
