Newburgh Town City Zoning Code
ARTICLE XV
Exceptions
§ 185-64 Grandfathering clause.
[Added 12-16-1991 by L.L. No. 6-1991][1]
Exceptions to subdivisions and site plans are as follows:
A.
The new zoning density, area and lot dimension requirements imposed by this section and this chapter shall not apply to the following:
(1)
Any proposed subdivision which has duly received preliminary approval from the Town of Newburgh Planning Board prior to January 1, 1992.
(2)
Any proposed site plan which the lead agency has duly reviewed pursuant to the provisions of the State Environmental Quality Review Act[2] and the regulations promulgated thereunder to the stage of having issued a negative declaration or accepted a final environmental impact statement, exclusive of any supplemental review prior to January 1, 1992.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B.
All such lots or sites which may be approved under the provisions of this section shall have three years from the date of enactment of this chapter to obtain a building permit. Following such a three-year period, said subdivision or lots thereof or site not subject to a valid building permit shall be resubmitted to the Planning Board for approval in full conformity with the provisions of this chapter.
C.
The provisions herein supersede and amend § 185-18, which otherwise remains in full force and effect, and this section is to be considered a "future amendment" for purposes of interpretation of § 185-18A(3) of this chapter in all other applications and respects.
D.
Standards imposed by § 185-48.5.
[Added 7-25-2011 by L.L. No. 3-2011]
(1)
The building envelope and buildable area standards imposed by § 185-48.5 shall not apply to the residential lots in any proposed subdivision which has duly received final approval from the Town of Newburgh Planning Board prior to November 1, 2010.
(2)
The usable area standards imposed by § 185-48.5 shall not apply to any residential lot which has received final site plan approval from the Town of Newburgh Planning Board prior to November 1, 2010. (The exception shall not apply to any amendment to the approved final site plan except changes to notes.)
(3)
All such subdivisions and site plans which may be approved or filed under the provisions of this section shall have three years from November 1, 2010, to be filed in the Orange County Clerk's office as an approved subdivision plat or with the Building and Code Enforcement Officer as a signed, approved site plan, as the case may be. Following such a three-year period, said subdivision or lots thereof or site not subject to a valid filed subdivision plat or site plan must be resubmitted to the Planning Board for approval in full conformity with the provisions this chapter.
[1]
Editor's Note: See also §§ 185-5 and 185-18A(3).