The following regulations shall apply to the establishment of plats showing lots, blocks or sites within the Town of North Salem and to the development of plats already on file in the office of the Westchester County Clerk when such plats are entirely or partially undeveloped. The Planning Board, in reviewing any proposed plat or the revision of a plat, and the applicant shall follow the procedures hereinafter specified. The Planning Board shall not approve any plat or revision unless it conforms to the standards hereinafter specified.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person, firm or corporation, including any partnership, association, trust or estate, proposing a plat.[1]
LOT
A platted parcel of land intended to be separately owned or leased, developed and otherwise used as a unit.
[Added 12-30-1996 by L.L. No. 10-1996]
LOT LINE ADJUSTMENT
Modification or resubdivision of lot boundaries in which a portion of one lot is combined with an adjoining lot without increasing the total number of lots, including the consolidation or merger of lots.
[Added 2-25-2020 by L.L. No. 1-2021]
MASTER PLAN
The comprehensive plan adopted by the Town Board for the development of the entire area of the Town pursuant to § 272-a of the Town Law.
[Added 12-30-1996 by L.L. No. 10-1996]
OFFICIAL MAP
The map established by the Town Board under § 270 of the Town Law, of that part of the Town outside the limits of any incorporated Village, showing the streets, highways, parks and drainage systems theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the Town Board, or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
[Added 12-30-1996 by L.L. No. 10-1996]
OWNER
An individual, firm, association, partnership or corporation having sufficient proprietary interest to seek the subdivision and/or development of land.
[Added 12-30-1996 by L.L. No. 10-1996]
PLANNING BOARD
The Planning Board of the Town of North Salem.
[Added 12-30-1996 by L.L. No. 10-1996]
RESUBDIVISION
A change in a map of an approved or recorded subdivision plat if such change affects any street layout shown on such map or area reserved thereon for public use or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
[Added 12-30-1996 by L.L. No. 10-1996]
SEQRA
The State Environmental Quality Review Act of the State of New York.
[Added 12-30-1996 by L.L. No. 10-1996]
STREET
Any right-of-way or easement for vehicular access, whether private or an existing or proposed state, County or Town highway (see § 200-23).
[Amended 12-30-1996 by L.L. No. 10-1996]
SUBDIVISION
Any tract of land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land.
[Added 12-30-1996 by L.L. No. 10-1996]
SUBDIVISION, MAJOR
All subdivisions not classified as minor subdivision, including but not limited to a subdivision of four or more lots or any size subdivision requiring any new street or extension of municipal facilities or the creation of any public improvements.
[Added 12-30-1996 by L.L. No. 10-1996]
SUBDIVISION, MINOR
Any subdivision containing not more than three lots fronting on an existing, street, not involving any new street or road or the extension of municipal facilities or the creation of any public improvements and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan or Official Map.
[Added 12-30-1996 by L.L. No. 10-1996]
TRACT
Any parcel of land or lot which is owned separately from any adjoining parcel or lot as evidenced by a deed or deeds recorded in the office of the Westchester County Clerk or the office of the Town Clerk.
[Amended 12-30-1996 by L.L. No. 10-1996]
[1]
Editor's Note: The former definition of "Division," "Minor Subdivision Plat" and "Plat and Subdivision Plat" which immediately followed this definition, were repealed 12-30-1996 by L.L. No. 10-1996.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
No person, firm or corporation, including any partnership, association, trust or estate shall cause a subdivision, resubdivision or lot line adjustment affecting real property within the Town of North Salem until a map of the plat has been approved by the North Salem Planning Board as provided in these regulations and filed in the office of the Westchester County Clerk. No plat for which a map has been filed in the office of the Westchester County Clerk shall be revised or otherwise changed until a map of the revision or change has been approved by the North Salem Planning Board. The following are also applicable to the establishment of plats:
A. 
Exceptions. A merger consolidation of two or more lots into a single fee-simple lot shall be an exception for which approval of a plat map is not required under these regulations, provided an appropriate deed recording is filed in the office of the Westchester County Clerk and notice of such is promptly provided to the Town of North Salem Tax Assessor.
B. 
Requirements for Planning Board approval. All plats shall be approved only by a majority vote of the entire membership of the Planning Board. Approval may be granted by the Planning Board subject to conditions and safeguards necessary to carry out the letter and the purpose and intent of these regulations and to protect the public health, safety and welfare and property values. No map of a plat shall be endorsed by the Planning Board to permit filing in the office of the Westchester County Clerk until all conditions of approval have been met.
C. 
Authorization of construction. Construction and installation of roads, drainage or other improvements, excavating, grading or removal of topsoil, clay, sand, gravel, rock or other earth materials, dumping, filling or depositing of such earth materials or fill of any kind and slashing of trees on any tract of land proposed for a plat shall not be commenced until:
(1) 
An application for such plat has been approved by the Planning Board.
(2) 
Any conditions of approval precedent to such construction and installation have been met.
(3) 
The construction and installation are authorized by resolution of the Planning Board.
D. 
Maps and plans approval. All applications, maps, plans, documents and data required by these regulations in connection with a proposed plat shall be subject to the approval of the Planning Board.
E. 
Other laws. These regulations are in addition to and do not supersede other laws, ordinances or regulations governing the development of land and buildings.