[HISTORY: Adopted by the Town Board of the Town of Wales 11-14-2000. Amendments noted where applicable.]
Section 200-23 of Chapter 200, Zoning, of the Code of the Town of Wales sets forth the requirement for subdivision of land within the Town. It requires that any subdivision of land must comply with Chapter 200, Zoning, of the Town of Wales with respect to any existing structure or use, or any proposed structure or use subject to the following:
Formation of a new lot which includes within its boundaries any part of a former lot on which there is an existing building.
Prohibition against the division of an existing lot which results in a lot or lots not in compliance with the Schedule of Area, Lot and Bulk Requirements for the district within which the property is located.
Certification to the Code Enforcement Officer prior to transfer that the proposed subdivision of property complies with the Schedule of Area, Lot and Bulk Requirements for the district which the property is located.
The responsibility for compliance is equally shared and applicable to the transferor and the transferee of the subdivision of property.
Legal action will be taken against both a transferor and transferee for violation of the Code of the Town of Wales immediately upon receipt of the creation of an illegal subdivision, whether by receipt of records on the conveyance through Erie County, receipt of an application by the purchaser for a building permit, or any other notice. Upon such notice, the Code Enforcement Officer is directed to commence the necessary proceedings against both the transferor and transferee as follows:
First violation. Notice to the transferor and transferee of the violation with the demand that action be taken immediately to correct the violation. If action is not taken within 10 days to remedy the violation, a summons with notice shall be served upon both the transferor and transferee.
Second violation. The Town shall immediately serve a summons with notice both to the transferor and transferee, returnable in the Justice Court of the Town of Wales.