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:
Any person, firm or corporation, including any partnership,
association, trust or estate, proposing a plat.[1]
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]
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]
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]
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]
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]
The Planning Board of the Town of North Salem.
[Added 12-30-1996 by L.L. No. 10-1996]
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]
The State Environmental Quality Review Act of the State of
New York.
[Added 12-30-1996 by L.L. No. 10-1996]
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]
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]
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]
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]
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:
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.
