A.Â
By the authority of the resolution of the Town Board
of the Town of Yorktown, New York, adopted on February 4, 1969, pursuant
to the provisions of Article 16 of the Town Law of the State of New
York, the Planning Board of the Town of Yorktown, New York, is authorized
and empowered to:
(1)Â
Approve, modify and approve or disapprove plats showing
lots, blocks or sites with or without streets or highways.
(2)Â
Conditionally approve, with or without modifications,
or disapprove preliminary plats.
(3)Â
Approve, modify and approve or disapprove the development
of plats already filed in the office of the Clerk of the County of
Westchester if such plats are entirely or partially undeveloped.
(4)Â
Simultaneously with the approval of a plat or plats pursuant to Article 16 of the Town Law modify applicable provisions Chapter 300, Zoning, subject to the conditions set forth under § 278 of said article and such other reasonable conditions as the Town Board at its discretion add thereto.
(5)Â
Approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps
filed in the Westchester County Clerk's office.
(6)Â
Approve or disapprove laying out, closing off or abandonment
of streets, highways or public areas under the provisions of the Town
and Highway Laws.
(7)Â
Review and approve, approve with modifications or
disapprove site plans or parking plans where any provisions of the
Code of the Town of Yorktown requires site plan or parking plan approval
by the Planning Board and subject to the limitations therein contained.
[Added 6-20-1995 by L.L. No. 10-1995]
B.Â
It is declared to be the policy of the Town Planning
Board to consider land subdivision plats as part of a plan for the
orderly, efficient and economical development of the Town, bearing
in mind that the natural topography of the land is a public asset
which should be preserved and safeguarded. 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 schools, recreation, drainage, water supply, sewerage
and other needed improvements; that all proposed lots shall be laid
out and be of such size as to be in harmony with the development pattern
of the neighboring properties and in harmony with the natural topographical
features of the land; that the proposed streets shall compose a convenient
system conforming to the Official Map, shall be properly related to
the proposals shown on the Comprehensive Plan as adopted by the Planning
Board and shall be of such width, grade and location as to accommodate
the prospective traffic, facilitate fire protection and provide access
of fire-fighting equipment to buildings; and that proper provision
shall be made for open spaces for parks and playgrounds and conservation
areas.
C.Â
In order that land subdivisions may be made in accordance
with this policy, this Part 1, which shall be known as and which may
be cited as the "Town of Yorktown Land Development Regulations," have
been adopted by the Planning Board on February 13, 1969, and approved
by the Town Board on February 18, 1969.
Whenever any subdivision of land is proposed
to be made and before any contracts for the sale of or any offer to
sell any lot in such subdivision or any part thereof is made and/or
before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply, in writing, for an approval of such proposed subdivision
in accordance with this Part 1.
Should any of this Part 1 conflict with or be
inconsistent with any provision of the Town Law, the relevant provision
of the Town Law shall apply.
[Added 9-6-2005 by L.L. No. 10-2005]
By Local Law No. 10 of the Year 2005, the Town
of Yorktown has adopted the Westchester County Greenway Compact Plan,
as amended from time to time, as a statement of policies, principles,
and guides to supplement other established land use policies in the
Town. In its discretionary actions under this subdivision code, the
reviewing agency should take into consideration said statement of
policies, principles and guides, as appropriate.