Town of Moreau, NY Declaration of Policy

[Amended 11-13-2001 by L.L. No. 5-2001]

By the authority of the resolution of the Town Board of the Town of Moreau, adopted on December 29, 1989, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Moreau 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 conditionally approve preliminary plats within the Town of Moreau. It is declared to be the policy of the Planning Board to consider land subdivision plats for residential, industrial and commercial uses 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 Master Plan, if such exists, 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. In order that land subdivisions may be made in accordance with this policy, the regulations which shall be known as and which may be cited as the "Town of Moreau Land Subdivision Regulations" have been adopted by the Planning Board on November 15, 1989, and approved by the Town Board on December 29, 1989.

Planning Board.

(1)

In accordance with § 271 of the Town Law of the State of New York, the Planning Board shall consist of seven members. The chairperson of the Planning Board shall be designated by the Town Board. In the absence of a chairperson, the Planning Board may designate a member to serve as acting chairperson. The Planning Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose. The Town Board may require members of the Planning Board to complete training and continuing education courses in order to fulfill their duties as members of the Planning Board.

(2)

The terms of the membership of the Planning Board shall be as set forth in § 271 of the Town Law and any amendment thereto.

(3)

The Town Board may appoint alternate members of the Planning Board for the purpose of substituting for a member in the event such member is unable to participate due to absence or a conflict of interest. The term of the appointment of said alternate members shall be established through resolution of the Town Board. The Town Board may also require said alternate members to complete training and continuing education courses in order to fulfill their duties as members of the Planning Board.

(4)

The Planning Board shall have such authority, powers and duties as specified in Article 16 of the Town Law and as may be amended, as well as the authority, powers and duties specified in the Moreau Town Code and as may be amended.

Whenever any subdivision of land is proposed to be made which is subject to review hereunder and before any part thereof is made and before any land is cleared or vegetation removed in preparation for the proposed subdivision (except vegetation removed in connection with required surveying, engineering tests and inspections) and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider shall make application for and receive final approval of such proposed subdivision in accordance with the Town of Moreau Land Subdivision Regulations. No parcel of land may be subdivided which has been clear-cut within the previous five years.

For the purpose of this requirement, "clear-cutting" shall be defined as the cutting of more than 50% of any trees over six inches in diameter (as measured 4.5 feet above the ground level) over the entire area of the cutting.