A.
The Planning Board of the Town of Niagara is authorized
and directed to review each plat for land subdivision within the Town
and to recommend to the Town Board either approval, approval with
modifications or disapproval in accordance with the procedure and
standards of this article.
B.
This article is intended to supercede those provisions
of New York Town Law § 276, Subdivision 8, relating to the
time periods for approval of subdivisions.
A.
It is to be the policy of the Town to authorize and
approve the subdivision of land and the subsequent development of
the subdivided plat according to the official Master Plan of the Town
in order to achieve the orderly, planned, efficient and economical
development of the Town.
B.
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health
or peril from fire, flood or other menace. Proper provision shall
be made for drainage, water supply, sewerage and other needed improvements.
All proposed lots shall be so laid out and of such size as to be in
harmony with the development pattern of the neighboring properties.
The proposed streets shall compose a convenient system conforming
to the Official Map and shall be properly related to the proposals
shown on the Master Plan and shall be of such width, grade and location
as to accommodate the prospective traffic, to facilitate fire protection
and to provide access of fire-fighting equipment to buildings. Proper
provision shall be made for open spaces for parks and playgrounds.
For any 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,
such parcel shall be approved by the Planning Board by the same procedure,
rules and regulations as for a subdivision.
A.
Where the Planning Board finds that extraordinary
hardships or practical difficulties may result from strict compliance
with this article, or that the purposes of these regulations may be
served to a greater extent by a subdivision which is not in strict
compliance with this article, or both, it may recommend to the Town
Board variances to these subdivision regulations, provided that any
variance shall not have the effect of nullifying the intent and purpose
of these regulations. The Planning Board shall not recommend variances
unless it shall make findings based upon the evidence presented to
it in each specific case that:
(1)
The granting of the variance will not be detrimental
to the public safety, health or welfare or injurious to other property
is located.
(2)
The conditions upon which the request for a variance
is based are unique to the property for which the variance is sought
and are not applicable generally to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of this article is carried out.
(4)
The variances will not in any manner vary the provisions
of the Zoning Law, Master Plan or Official Map.
B.
Conditions. In approving variances, the Town Board
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements of this article.
C.
Procedures. A petition for any such variance shall
be submitted in writing by the subdivider for the consideration of
the Planning Board. The petition shall state fully the grounds for
the application and all of the facts relied upon by the petitioner.
A.
It shall be the duty of the Building Department to
enforce these regulations and to bring to the attention of the Municipal
Prosecuting Attorney any violations or lack of compliance herewith.
B.
No owner, or agent of the owner, of any parcel of
land located in a proposed subdivision shall transfer or sell any
such a parcel before a plat of such subdivision has been approved
by the Planning Board, in accordance with the provisions of these
regulations, and filed with the County Clerk.
C.
The subdivision of any lot or any parcel of land by
the use of metes and bounds description for the purpose of sale, transfer
or lease with the intent of evading these regulations shall not be
permitted. All such described subdivisions shall be subject to all
of the requirements contained in these regulations.
D.
No building permit shall be issued for the construction
of any building or structure located on a lot or plat subdivided or
sold in violation of the provisions of these regulations.
For the purpose of this article, certain words
and terms used herein are defined as follows:
Includes the Town of Niagara Building Inspector and his or
her staff.
A bond similar in nature to a performance bond, guaranteeing
the satisfactory operation of installed improvements for a stated
period.
A performance bond duly issued by a bonding or surety company
approved by the Town Board with security acceptable to the Town Board
or, alternately, a performance bond acceptable to the Town Board duly
issued by the developer-obligor, accompanied by the security in the
form of cash, certified check or United States Government bearer bonds
deposited with the Town Board guaranteeing complete installation of
required improvements.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his or her
property.
A person licensed as a professional engineer by the State
of New York.
A physical change to the land necessary to produce usable
and desirable building lots from undeveloped acreage, including but
not limited to installation of pavement, sidewalks, storm and sanitary
sewers, water lines, shade trees, monuments and betterments to existing
streets and watercourses.
An authorized Town employee or the designated agent of the
Town.
A parcel of land intended for transfer of ownership or building
development, whether immediate or future.
A comprehensive plan, prepared by the Planning Board, which
indicates the general locations recommended for various functional
classes of public works, places and structures and for general physical
development of the Town and includes any unit or part of such plan
separately prepared and any amendment to such plan or parts therein.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets and highways, both existing and proposed.
The owner of the land proposed to be subdivided.
The Planning Board of the Town of Niagara.
A drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in § 135-133 of this article, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
A strip of land between property lines opened for use as
a street or crosswalk.
A sketch of a proposed subdivision showing the information specified in § 135-143 of this article to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
An officer or employee designated by the Town Board to accept
and review stormwater pollution prevention plans (SWPPPs), forward
the plans to such employee, officer, or board of the Town of Niagara
which may be reviewing any application for a construction activity
requiring submission of a SWPPP, and inspect stormwater management
practices.
[Added 12-11-2007 by L.L. No. 3-2007]
Includes streets, roads, avenues, lands, places or other
traffic ways within rights-of-way.
PLACEA short street, cul-de-sac or court. The primary purpose of a place is to conduct traffic to and from dwelling units to other streets within the hierarchy of streets. Usually a place has no through traffic and limited on-street parking.
LANEA short street, or court, occasionally connecting with other lanes and/or places. The primary purpose of a lane is to conduct traffic to and from dwelling units to other streets within the hierarchy.
SUBCOLLECTORConnects places and lanes, providing smooth traffic flow through the neighborhood to higher classifications of streets.
COLLECTORFunctions to conduct traffic between major arterial streets and/or activity centers. It is a principal traffic artery within residential areas and carries relatively high volume. A collector has potential for sustaining minor retail or other commercial establishments along its route which will influence the traffic flow.
ARTERIALThe major street in the hierarchy. It has a high average daily traffic and is not intended to be a residential street. An arterial provides connections with major state and interstate roadways and has a high potential for the location of significant community facilities.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of right-of-way, measured at right angles to the
centerline of the street.
Any person, firm, corporation, partnership or association,
syndicate, limited liability company, trust or any other legal entity
who shall lay out any subdivision or part thereof as defined herein,
either for himself or herself or others, and shall commence proceedings
under this article to effect the subdivision of land hereunder.
The division of a single lot, tract or parcel of land, or
a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines, for the purpose, whether
immediate or future, of transfer of ownership or of building development.
The term "subdivision" shall also include "resubdivision."
The following divisions of property shall not
be considered to be subdivisions, as long as the division does not
involve any new streets or roads:
MAJOR SUBDIVISION- Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of five or more lots or any size subdivision requiring any new street or extension of municipal facilities.
MINOR SUBDIVISION- Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. A minor subdivision must not be in conflict with any provision or portion of the Master Plan, Official Map or Zoning Law.[1] If so, it shall be deemed a major subdivision.
A drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by this article,
to be reviewed by the Planning Board and presented to the Town Board
for approval, and which, if approved, may be duly filed or recorded
by the applicant in the office of the County Clerk.
A person licensed as a land surveyor by the State of New
York.
The Town Board of the Town of Niagara.
The duly designated engineer of the Town of Niagara.
Any entity subject to the jurisdiction of the State Department
of Public Utility or who sells or furnishes gas, electricity, steam,
water, refrigeration, telephone services, television signals, telegraph
services or other similar services.
Whenever any subdivision of land is proposed
to be made, and before any contract for the sale of, or any offer
to sell, any lots in such subdivision or any part thereof is made,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his or her duly authorized
agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Town Building Department at least 10 days prior to the regular meeting of the Planning Board two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 135-143 of this article for purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his or her duly authorized representative,
shall attend the meeting of the Planning Board to discuss the requirements
of these regulations for street improvements, drainage, stormwater
management, sewerage, water supply, fire protection and similar aspects,
as well as the availability of existing services and other pertinent
information.
[Amended 12-11-2007 by L.L. No. 3-2007]
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision as defined in this article. The Board may require, however, when deemed necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ 135-132 and 135-136 of this article. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 135-133, 135-134, 135-135, 135-136 and 135-137 of this article.
C.
Study of sketch plan. The Planning Board shall determine
whether the sketch plan meets the requirements of this article and
shall, where it deems it necessary, make specific recommendations
in writing to be incorporated by the applicant in the next submission
to the Planning Board.
[Amended 12-11-2007 by L.L. No. 3-2007]
A.
Application.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application to the Planning Board for approval of a final subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 135-145 of this article.
(2)
All applications for plat approval for minor subdivisions
shall be accompanied by a fee in the amount as established by the
Town Board.
B.
Number of copies. Four copies of the final subdivision
plat shall be presented to the Planning Board, such time to be considered
the date of submission.
C.
Submission of environmental assessment form.
(1)
The subdivider shall submit, along with the subdivision
plat, an environmental assessment form, duly prepared, as prescribed
by the State Environmental Quality Review Act, 6 NYCRR (Part 617),
and regulations promulgated thereunder.
(2)
A determination of the environmental significance
of the action shall be made prior to the public hearing. Subsequent
procedures under SEQR will coincide as closely as possible with the
procedures under this article.
D.
Submission of SWPPP. The subdivider shall submit, along with the subdivision plat, a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XIV of Chapter 245, Zoning, of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 245-61B of the Town Code.
E.
Subdivider to attend Planning Board meeting. The subdivider,
or his or her duly authorized representative, shall attend the meeting
of the Planning Board to discuss the final subdivision plat.
F.
Submission schedule.
(1)
The Planning Board shall make its recommendations to the Town Board within 45 days of its receipt of the application for plat approval, complete and accompanied by the required fee and all data required by § 135-145 of this article. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 135-132D of this chapter, the Planning Board shall not recommend approval unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article XIV of Chapter 245, Zoning, of the Town Code.
(2)
The Town Board may hold a public hearing within 45
days of its receipt of the Planning Board's recommendations. Said
hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing.
G.
Action on final subdivision plat.
(1)
The Town Board shall, within 45 days from the date
of the public hearing, act to conditionally approve, conditionally
approve with modification, disapprove or grant final approval and
authorize the signing of the subdivision plat. This time may be extended
by mutual consent of the subdivider and the Town Board.
(2)
Upon granting conditional approval with or without
modification to the plat, the Town Board shall empower a duly authorized
officer to sign the plat upon compliance with such conditions and
requirements as may be stated in its resolution of conditional approval.
Within five days of the resolution granting conditional approval,
the plat shall be certified by the Town Clerk as conditionally approved,
a copy shall be filed in the Town Clerk's office and a copy mailed
to the subdivider. The copy mailed to the subdivider shall include
a statement of such requirements which, when completed, will authorize
the signing of the conditionally approved plat. Upon completion of
such requirements, the plat shall be signed by the duly authorized
officer of the Town Board.
(3)
Conditional approval of a plat shall expire 180 days
after the date of the resolution granting such approval unless the
requirements have been certified as completed within that time. The
Town Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature, if in its opinion such
extension is warranted in the circumstances, for a time not to exceed
two additional periods of 90 days each.
(4)
If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 135-132D of this chapter, the Town Board shall not act to approve the plat or sign the conditionally approved final subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article XIV of Chapter 245, Zoning, of the Town Code.
A.
Application and fee.
[Amended 12-11-2007 by L.L. No. 3-2007]
(1)
Prior to the filing of an application for the approval
of a major subdivision plat, the subdivider shall file an application
for the approval of a preliminary plat of the proposed subdivision
with the Planning Board.
(2)
Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § 135-146 of this article. The preliminary plat shall, in all respects, comply with the requirements set forth in § 135-146 of this article except where a variance may be specifically authorized by the Town Board.
(3)
The application for approval of the preliminary plat shall be accompanied by a fee in the amount as established by the Town Board, and also by an environmental assessment form as described under § 135-132C.
(4)
The application for approval of the preliminary plat shall be accompanied by a stormwater pollution prevention plan (SWPPP) if required for the proposed subdivision under Article XIV of Chapter 245, Zoning, of the Town Code, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 245-61B of the Town Code.
B.
Number of copies. Seven copies of the preliminary
plat shall be presented to the Planning Board, such time to be considered
the date of submission.
C.
Subdivider to attend Planning Board meeting. The subdivider,
or his or her duly authorized representative, shall attend the next
regularly scheduled meeting of the Planning Board to discuss the preliminary
plat.
D.
Study of preliminary plat. The Planning Board shall
study the practicability of the preliminary plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention shall be given to the arrangement,
location and width of streets, their relation to the topography of
the land, water supply, sewage disposal, drainage, stormwater management,
lot sizes and arrangement, the future development of adjoining lands
as yet unsubdivided and the requirements of the Master Plan, the Official
Map and zoning regulations.[1]
[Amended 12-11-2007 by L.L. No. 3-2007]
E.
Submission schedule.
(1)
The Planning Board shall make its recommendations to the Town Board within 45 days of it receipt of the application for preliminary plat approval, complete and accompanied by the required fee and all data required by § 135-146 of this article. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 135-133A(4) of this chapter, the Planning Board shall not recommend approval unless such SWPPP and preliminary plat comply with the performance and design criteria and standards set forth in Article XIV of Chapter 245, Zoning, of the Town Code.
[Amended 12-11-2007 by L.L. No. 3-2007]
(2)
The Town Board shall hold a public hearing within
45 days of its receipt of the Planning Board's recommendations. Said
hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing.
F.
Approval of the preliminary plat.
(1)
Within 45 days after the date of such public hearing, the Town Board shall approve with or without modifications or disapprove such preliminary plat and the grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Town Board. The time in which the Town Board must take action on such plat may be extended by mutual consent of the subdivider and the Town Board. When so approving a preliminary plat, the Town Board shall state in writing modifications, if any, as it deems necessary for submission of the plat in final form. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 135-133A(4) of this chapter, the Town Board shall not approve the preliminary plat unless the SWPPP and preliminary plat comply with the performance and design criteria and standards set forth in Article XIV of Chapter 245, Zoning, of the Town Code. Within five days of the approval of such preliminary plat, it shall be certified by the Town Clerk as granted preliminary approval and a copy filed in his or her office, a certified copy mailed to the owner and a copy forwarded to the Town Board.
[Amended 12-11-2007 by L.L. No. 3-2007]
(2)
When granting approval to a preliminary plat, the
Town Board shall state the terms of such approval, if any, with respect
to the modifications to the preliminary plat, the character and extent
of the required improvements for which waivers may have been requested
and which in its opinion may be waived without jeopardy to the pubic
health, safety morals and general welfare and the amount of the improvement
bond, or the amount of all bonds which it will require as a prerequisite
to the approval of the final subdivision plat. Approval of a preliminary
plat shall not constitute approval of the final subdivision plat,
but rather it shall be deemed an expression of approval of the design
submitted on the preliminary plat as a guide to the preparation of
the final subdivision plat, which will be submitted for the approval
of the Town Board and for recording upon fulfillment of the requirements
of these regulations. Prior to approval of the final subdivision plat,
the Town Board may require additional changes as a result of further
study of the subdivision in final form or as a result of new information
obtained at the public hearing.
A.
Application for approval and fee. The subdivider shall,
within six months after the approval of the preliminary plat, file
an application for approval of the subdivision plat in final form
with the Planning Board. All applications for final plat approval
for major subdivisions shall be accompanied by a fee in the amount
as established by the Town Board. If not submitted within six months
after the approval of the preliminary plat, the Town Board may refuse
to approve the final plat and require resubmission of the preliminary
plat.
B.
Number of copies. The subdivider shall provide the
Planning Board with a copy of the application and six copies (one
copy in ink on linen or an acceptable equal) of the plat, the original
and one true copy of all offers of cession, covenants and agreements
and two prints of all construction drawings, such time to be considered
the date of submission.
C.
Submission schedule.
[Amended 12-11-2007 by L.L. No. 3-2007]
(1)
The Planning Board shall make its recommendations to the Town Board within 45 days of its receipt of the application for final plat approval, complete and accompanied by the required fee and all data required by § 135-147 of this chapter.
(2)
Where a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 135-147C of this chapter, the Planning Board shall not recommend approval unless the final plat and SWPPP comply with the performance and design criteria and standards set forth in Article XIV of Chapter 245, Zoning, of the Town Code.
(3)
Within 45 days of the submission of the plat in final
form for approval, a hearing may be held by the Town Board. This hearing
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing; provided, however,
that when the Town Board deems the final plat to be in substantial
agreement with a preliminary plat approved under § 146-133
of this article, and modified in accordance with requirements of such
approval if such preliminary plat has been approved with modification,
the Town Board may waive the requirement for such public hearing.
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the final subdivision plat shall
be properly endorsed and approved by the Niagara County Department
of Health. Applications for approval of plans for sewer or water facilities
will be filed by the subdivider with all necessary Town, county and
state agencies. Endorsement and approval by the Niagara County Department
of Health shall be secured by the subdivider before official submission
of the final subdivision plat. The final subdivision plat shall also
be referred to the county planning agency, when required, as provided
for under General Municipal Law, § 239-n.
E.
Approval of final subdivision plat.
(1)
The Town Board shall by resolution conditionally approve,
conditionally approve with or without modification, disapprove or
grant final approval and authorize the signing of such plat, within
45 days of its receipt by the Town Clerk if no hearing is held or,
in the event that a hearing is held, within 45 days after the date
of such hearing. This time may be extended by mutual consent of the
subdivider and the Town Board.
(2)
Upon resolution of conditional approval of such final
plat, the Town Board shall empower a duly authorized officer to sign
the plat upon completion of such requirements as may be stated in
the resolution. Within five days of such resolution, the plat shall
be certified by the Town Clerk as conditionally approved and a copy
filed in his or her office and a certified copy mailed to the subdivider.
The copy mailed to the subdivider shall include a certified statement
of such requirements which, when completed, will authorize the signing
of the conditionally approved final plat. Upon completion of such
requirements, the plat shall be signed by said duly authorized officer
of the Town Board.
(3)
Conditional approval of a final plat shall expire
180 days after the date of the resolution granting such approval unless
the requirements have been certified as completed within that time.
The Town Board may, however, extend the time within which a conditionally
approved plat may be submitted for signature if, in its opinion, such
extension is warranted in the circumstances, for a time not to exceed
two additional periods of 90 days each.
(4)
If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 135-147C of this chapter, the Town Board shall not approve the final plat or sign a conditionally approved final plat unless such plat and SWPPP comply with the performance and design criteria and standards set forth in Article XIV of Chapter 245, Zoning, of the Town Code.
[Added 12-11-2007 by L.L. No. 3-2007]
A.
Improvements and performance bond. Before the Town Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either this Subsection A or in Subsection B below:
(1)
In an amount set by the Town Board, the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements or the subdivider shall file
with the Town Clerk a performance bond to cover the full cost of the
required improvements. Any such bond shall be satisfactory to the
Town Board and Town Attorney as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Town
Board may determine appropriate, not to exceed three years) shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the
Town Board a letter signifying the satisfactory completion of all
improvements required by the Board. For any required improvements
not so completed, the subdivider shall file with the Town Clerk a
bond or certified check covering the cost of such improvement not
approved by the Town Engineer. Any such bond shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the Town Board. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1), such bond shall not be released until such a map is submitted.
B.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the Town Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such required improvements, the Town Engineer and the
Highway Superintendent may, upon approval by the Town Board, authorize
modifications, provided that these modifications are within the spirit
and intent of the Town Board's approval and do not extend to the waiver
of substantial alteration of the function of any improvements required
by the Board. The Town Engineer shall issue any authorization under
this section in writing and shall transmit a copy of such authorization
to the Town Board at its next regular meeting.
C.
Inspection of improvements. At least seven days prior
to commencing construction of required improvements, the subdivider
shall file a public improvement permit with the Town Clerk to assure
that all Town specifications and requirements be met during the construction
of required improvements. A fee shall be based on a percentage of
the cost of improvements and shall be subject to approval by the Town
Engineer.
D.
Proper installation of improvements. If the Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the subdivider, he or she shall so report
to the Town Board and the Building Inspector. The Town Board shall
then notify the subdivider and, if necessary, the bonding company,
and take all necessary steps to preserve the Town's rights under the
bond. No plat shall be approved by the Town Board as long as the subdivider
is in default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in §§ 135-134 and 135-135 of this article and notation to that effect upon the final subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Town Board and may be filed by the applicant in the office of the County Clerk. Any final subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved shall become null and void.
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any final subdivision
plat after approval has been given by the Town Board and endorsed
in writing on the plat, unless the plat is first resubmitted to the
Town Board and it approves any modifications. In the event that any
such final subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
A.
Public acceptance of street. The approval by the Town
Board of a final subdivision plat shall not be deemed to constitute
or be evidence of any acceptance by the Town of any street, easement
or other open space shown on such final subdivision plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground or other recreation area shall have been shown
on a final subdivision plat, the approval of said plat shall not constitute
an acceptance by the Town of such area. The Town Board shall require
the plat to be endorsed with appropriate notes to this effect. The
Town Board may also require the filing of a written agreement between
the applicant and the Town Board covering future deed and title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any such recreation area.
Certain zoning provisions relating to area requirements
may be modified by the Town Board to allow for the clustering of lots,
in accordance with the provisions of the Zoning Law.[1] In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article VIII of this article.
Requirements for design standards are as follows.
A.
Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
B.
Conformity of Official Map and Master Plan. Subdivisions
shall conform to the Official Map of the Town and shall be in harmony
with the Comprehensive Master Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
specifications, which may be obtained from the Town Building Department.
D.
Stormwater management. Subdivisions that are subject to the requirements of Article XIV of Chapter 245, Zoning, of the Town Code, shall comply with the performance and design criteria and standards set forth in such article, in order to minimize stormwater runoff pollution, flooding, and erosion.
[Added 12-11-2007 by L.L. No. 3-2007]
A.
Lots to be buildable. The lot arrangement shall be
such that, in constructing a building in compliance with the Zoning
Law, there will be no foreseeable difficulties for reasons of topography
or other natural conditions. Lots should not be of such depth as to
encourage the later creation of a second building lot at the front
or rear.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a variance from this rule will give a better street or lot
plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from each
street and provide a desirable building site.
D.
Driveway access. Driveway grades between the street
and the setback line shall not exceed 10%.
E.
Access from private streets. Access from private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations.
F.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Town Engineer as to size, type
and installation shall be set at such block corners, angle points,
points of curves in streets and other points as the Town Engineer
may require, and their location shall be shown on the final subdivision
plat.
A.
Recreation areas shown on Town Plan. Where a proposed
park, playground or open space shown on the Town Plan is located in
whole or in part in a subdivision, the Board may require that such
area or areas be shown on the plat in accordance with the requirements
of this article. Such area or areas may be dedicated to the Town or
county by the subdivider if the Town Board approves such dedication.
B.
Parks and playgrounds not shown on Town Plan. The
Planning Board may require the dedication or reservation of an area
or areas for a park or parks, playground, open space or other recreational
use. Such area or areas shall not be required to be more than 10%
of the total subdivision area.
C.
Waiver of reservation of areas. In cases where the
Planning Board finds that, due to the size, topography or location
of the subdivision, land for park, playground or other recreation
purpose cannot be properly located therein or, if in the opinion of
the Board, it is not desirable, the Board may waive the requirements
that the plat show land for such purposes. The Board shall then require
payment of a fee as established by the Town Board per subdivision
lot in lieu of the dedication or reservation of areas or sites for
the above uses.
D.
Reserve strips prohibited. Reserve strips of land,
which might be used to control access from the proposed subdivision
to any neighboring property, or to any land within the subdivision
itself shall be prohibited.
E.
Preservation of natural features.
(1)
The Planning Board shall, wherever possible, establish
the preservation of all natural features which add value to residential
developments and to the community, such as large trees or groves,
watercourses and falls, beaches, historic spots, vistas and similar
irreplaceable assets. No tree with a diameter of eight inches or more,
as measured three feet above the base of the trunk, shall be removed
unless such tree is within the right-of-way of a street as shown on
the final subdivision plat. Removal of additional trees shall be subject
to the approval of the Planning Board.
(2)
In no case, however, shall a tree with a diameter
of eight inches or more, as measured three feet above the base of
the trunk, be removed without prior approval by the Planning Board.
F.
Required trees.
(1)
The subdivider shall provide a minimum of one street
tree per 50 feet of lot frontage. Required trees shall be approved
by the Planning Board and shall be compatible with subdivision development
in terms of height, spread, longevity, root structure, nuisance characteristics,
disease and past resistance and general hardiness. The following is
a suggested list of appropriate trees:
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Flowering Crab
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Red maple
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Ginko
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Honey locust
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Linden
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Sugar maple
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Norway maple
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London plane
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Oak
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(2)
Required trees shall measure a minimum of 11/2 inches
in diameter, as measured three feet above the base of the trunk, and
shall be located a minimum of five feet outside the right-of-way.
(3)
Existing trees may serve as required trees by approval
of the Planning Board.
G.
Property set aside for parks and recreational purposes.
(1)
Requirements for recreation. Any person who applies
to the Town of Niagara Planning Board for an improvement, as defined
herein, or to the Department of Building Inspections for a certificate
of occupancy for vacant, existing improvements shall be required to
dedicate to the Town, in the immediate vicinity of the improvement,
lands in accordance with this article or in lieu thereof, a sum of
money. In the case of residential subdivisions of 10 lots or more,
lands so dedicated shall be dedicated within the subdivision, unless
in the judgment of the Planning Board, the property is so situated
so that appropriate real property cannot be accepted for dedication.
(a)
All lands so dedicated shall be set aside perpetually
by the Town and be reserved for recreational or park purposes.
(b)
All moneys or funds deposited hereunder shall
be set aside by the Supervisor of the Town, in trust, for the benefit
of the residents of the development or Town for park or recreational
purposes only and used by order of the Town Board.
(c)
All real property, so dedicated or intended
to be dedicated, as a result of the Planning Board or Department of
Building and Inspections determination, shall be subject to the acceptance
by the Town Board.
(d)
Where, in the judgment of the Planning Board,
a park or recreational facility is not necessary or appropriate due
to the availability of parks or facilities in the area of the proposed
subdivision or due to the condition of the property, the Planning
Board or Department of Building Inspections, in the case of an existing
vacant multidwelling, shall require the developer or subdivider to
make a cash deposit, prior to final approval, in accordance with this
article.
(2)
Deed of property. The developer or subdivider shall
deed real property, in fee simple, in a location and upon terms as
required by the Planning Board. The real property so dedicated for
recreational purposes shall comply, as nearly as practicable, with
the following characteristics:
(a)
The property shall have frontage on a paved
public highway.
(b)
The property shall be served by public water,
sewer and electrical service.
(c)
The property shall be centrally located to the
remainder of the subdivisions or surrounding property and residences
having due regard for proper recreational planning.
(d)
The property shall be suitable for use as a
park or playground or for other recreational uses.
(e)
The property shall consist of no less than 15%
of the proposed area of the subdivision or property and in no event
be less than two acres.
(3)
Penalties for violations. Any person, firm or corporation
who violates the provisions and/or specifications contained in this
article and is convicted thereof, in a court of competent jurisdiction,
may be punished by a fine not to exceed the sum of $250 and/or 15
days' incarceration. Each day in which there is a failure to comply
shall be deemed a separate and distinctive offense and punishable
as such.
Documents to be submitted are as follows.
The sketch plan initially submitted to the Planning
Board shall be based on Tax Map information or some other similarly
accurate base map at a scale (preferably not less than 200 feet to
the inch) to enable the entire tract to be shown on one sheet. The
sketch plan shall be submitted showing the following information:
A.
The location of that portion which is to be subdivided
in relation to the entire tract and the distance to the nearest existing
street intersection.
B.
All existing structures, wooded areas, streams and
other significant physical features, within the portion to be subdivided
and within 200 feet thereof.
C.
The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
D.
The Tax Map sheet, block and lot numbers, if available.
E.
All the utilities available, and all streets which
are either proposed, mapped or built.
F.
The proposed pattern of lots (including lot width
and depth), street layout, recreation areas, systems of drainage,
sewerage and water supply within the subdivided area.
G.
All existing restrictions on the use of land, including
easements, covenants or zoning.
In the case of a minor subdivision, the subdivision
plat application shall include the following information as appropriate:
A.
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
B.
An actual filed survey of the boundary lines of the
tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. If topographic
conditions are significant, contours shall also be indicated at intervals
of not more than two feet. The corners of the tract, and lot corners
as deemed necessary by the Planning Board, shall also be located on
the ground and marked by monuments as approved by the Planning Board
and shall be referenced and shown on the final plat.
C.
All on-site sanitation and water supply facilities
shall be designed to meet the minimum specifications of the County
Department of Health, and a note to this effect shall be stated on
the final plat signed by a licensed engineer.
D.
Proposed subdivision name, name of the Town and county
in which it is located.
E.
The date, North point, map scale, name and address
of record owner and subdivider.
F.
The plat to be filed with the County Clerk shall be
printed upon acceptable filing material.
A.
Seven copies of the preliminary plat prepared at a
scale of not more than 100, but preferably not less than 50, feet
to the inch shall be submitted for approval, showing:
(1)
Proposed subdivision name, name of Town and county
in which it is located, date, true North point, scale, name and address
of record owner, subdivider and engineer or surveyor, including license
number and seal.
(2)
The name of all subdivisions immediately adjacent
and the name of the property owners of record of all adjacent property.
(3)
Zoning district, including exact boundary lines of
district.
(4)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5)
All parcels of land proposed to be dedicated for park
or recreation use, pursuant to § 135-141G of this article.
(6)
Location of existing property lines, all survey monuments,
easements, buildings, watercourses, marshes, rock outcrops, wooded
areas, single trees with a diameter of eight inches or more, as measured
three feet above the base of the trunk, and other significant existing
features for the proposed subdivision and adjacent property.
(7)
Location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(8)
Existing and final contours with intervals of five
feet or less as required by the Planning Board, including elevations
on existing roads.
(9)
The width and location of any streets or public ways
or places shown on the Official Map or the Master Plan, if such exists,
within the area to be subdivided, and the width, location, grades
and street profiles of all streets or public ways proposed by the
developer.
(10)
The approximate location and size of all proposed
water lines, valves, hydrants, sewer lines and fire alarm boxes; connections
to existing lines or alternate means of water supply or sewage disposal
and treatment provided in the Public Health Law; profiles of all proposed
water and sewer lines.
(11)
Storm drainage plan, including calculations
indicating the approximate location and size of proposed lines and
their profiles, connection to existing lines or alternate means of
disposal.
(12)
Preliminary plans and cross sections showing
the locations and type of streetlighting standards, street trees,
curbs, water mains, sanitary sewers and storm drains, as well as the
size and thereof, the character, width and depth of pavements and
subbase and the location of manholes, basins and underground conduits.
(13)
Preliminary designs of any bridges or culverts
which may be required.
(14)
The proposed lot lines with approximate dimensions
and area of each lot.
(15)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
areas as laid out, the preliminary plat shall show the boundaries
of proposed permanent easements over or under private property, which
permanent easements shall not be less than 20 feet in width and which
shall provide satisfactory access to an existing public highway or
other public highway or public open space shown on the subdivision
plat or the Official Map.
(16)
An actual field survey of the boundary lines
of the tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
tract shall also be located on the ground and marked by substantial
monuments of such size and type as approved by the Planning Board
and shall be referenced and shown on the final plat.
B.
If the application covers only a part of the subdividers
entire holding, a map of the entire tract, drawn at a scale of not
less than 400 feet to the inch showing an outline of the platted area
with its proposed streets and indication of the probable future street
system with its grades and drainage in the remaining portion of the
tract and the probable future drainage layout of the entire tract,
shall be submitted. The part of the subdivider's entire holding submitted
shall be considered in the light of the entire holdings.
C.
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
The following documents shall be submitted for
plat approval:
A.
The plat to be filed with the County Clerk shall be
printed upon linen, or be clearly drawn in India ink upon tracing
cloth or approved equal. The size of the sheets shall be 20 inches
by 20 inches or as specified by Niagara County, including a margin
for binding of two inches outside of the border, along the left side
and a margin of one inch outside the border along the remaining sides.
The plat shall be drawn at a scale of no more than one-hundred feet
to the inch and oriented with the North point at the top of the map.
When more than one sheet is required, an additional index sheet of
the same size shall be filed showing, to scale, the entire subdivision
with lot and block numbers clearly legible. The plat shall show:
(1)
Proposed subdivision name or identifying title and
the name of the Town and county in which the subdivision is located,
the name and address of the record owner and subdivider, name, license
number and seal of the licensed land surveyor.
(2)
Street lines, pedestrian ways, lots, reservations,
easements and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the Planning Board to
determine readily the location, bearing and length of every street
line, lot line, boundary line and to reproduce such lines upon the
ground. Where applicable, these should be referenced to monuments
included in the state system of plane coordinates and, in any event,
should be tied to reference points previously established by a public
authority.
(4)
The length and bearing of all straight lines, radii,
length of curves and central angles of all curves and tangent bearings
shall be given for each street. All dimensions and angles of the lines
of each lot shall also be given. All dimensions shall be shown in
feet and decimals of a foot. The plat shall show the boundaries of
the property, location, graphic scale and true North point.
(5)
The plat shall also show, by proper designation thereon,
all public open spaces for which deeds are included and those spaces
to which title is reserved by the developer. For any of the latter,
there shall be submitted with the subdivision plat copies of agreements
or other documents showing the manner in which such areas are to be
maintained and the provisions made therefor.
(6)
All offers of cession and covenants governing the
maintenance of unceded open space shall bear the certificate of approval
of the Town Attorney as to their legal sufficiency.
(7)
Lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with the prevailing
Town practice.
(8)
Permanent reference monuments shall be shown and shall
be constructed in accordance with specification of the Planning Board.
When referenced to the state system of plane coordinates, they shall
also conform to the requirements of the State Department of Transportation.
They shall be placed as required by the Planning Board and their location
noted and referenced upon the plat.
(9)
All lot corner markers shall be permanently located
satisfactorily to the Planning Board.
(10)
Monuments, of a type approved by the Planning
Board, shall be set at all corners and angle points of the boundaries
of the original tract to be subdivided and at all street intersections,
angle points in street lines, points of curve and such intermediate
points as shall be required by the Planning Board.
(11)
Certificate of Health Department approval.
B.
Construction drawings, including plans, profiles and
typical cross sections, as required, showing the proposed location,
size and type of streets, sidewalks, streetlighting standards, street
trees, curbs, water mains, sanitary sewers and storm drains, pavements
and subbase, manholes, catch basins and other facilities.
C.
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XIV of Chapter 245, Zoning, of the Town Code, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 245-61B of the Town Code.
[Added 12-11-2007 by L.L. No. 3-2007]
