Town of Gardiner

Local Law No.         of the year 2008

A Local Law to amend certain definitions in Chapter 188 (Subdivision of Land) of the Town Code of the Town of Gardiner, New York.

Be it enacted by the Town Board of the Town of Gardiner as Follows:

SECTION 1. TITLE

This local law shall be known as "A Local Law Amending the Town Code of the Town of Gardiner With Respect Definitions in Chapter 188 – Subdivision of Land."

SECTION 2. AUTHORITY

            This Local Law is enacted pursuant to the authority of Municipal Home Rule Law and the Town Law.

SECTION 3. PURPOSE AND FINDINGS

The purpose of this local law is to modify the definitions of subdivisions to prevent a series of small subdivisions from evading scrutiny by the Planning Board by requiring a series of small subdivisions within a 10 year period to be treated and reviewed as a Major Subdivision.

SECTION 4.

            Chapter 188 of the Town Code of the Town of Gardiner is hereby amended as follows:

The Definitions of the terms SUBDIVISION, MAJOR and SUBDIVISION, MINOR located in § 188-9 are herebydeleted in their entirety and the following definitions are hereby added:

SUBDIVISION, MAJOR — Any subdivision or series of subdivisions containing more than three lots over any ten year period, or any subdivision requiring any new public street extension, or the extension of municipal facilities.

SUBDIVISION, MINOR — Any subdivision or series of subdivisions containing not more than three lots over any ten-year period, which does not require any new municipal street, street extension, or extension of municipal facilities. (See also "lot line revision," supra.)

SECTION 5. VALIDITY

            If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudicated invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Gardiner hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. 

SECTION 6. EFFECTIVE DATE

            This Local Law shall take effect after adoption by the Town Board and upon filing in the office of the New York State Secretary of State.