These regulations shall hereafter be known,
cited and referred to as the "Subdivision Regulations of the Town
of Eden, New York."
A.
It is hereby declared to be the policy of the Town
of Eden to consider the subdivision of land and the subsequent development
of the subdivided plat as subject to control by the Town of Eden pursuant
to the Comprehensive Plan of the Town for the orderly, planned, efficient,
physical and economic 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, and land shall not be subdivided
until proper provision has been made for drainage, water, sewerage
and capital improvements, such as transportation, parks and other
required improvements.
C.
The existing and proposed public improvements shall
conform to and shall be properly related to the proposals shown on
the Town Comprehensive Plan, Official Map and capital program, as
they may exist or be amended.
These regulations are adopted for the following
purposes:
A.
To protect and provide for the public health, safety
and general welfare of the Town.
B.
To guide the future growth and development of the
municipality, in accordance with the Comprehensive Plan of the Town.
C.
To protect the character of all parts of the Town
and to encourage the orderly and beneficial development of its parts.
D.
To protect and conserve the value of land throughout
the municipality and the value of buildings and improvements upon
the land, and to minimize the conflicts among the uses of land and
buildings.
E.
To guide public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
parks, playgrounds, recreation and other public requirements and facilities.
F.
To provide the most beneficial relationship between
the uses of land and buildings and the circulation of traffic throughout
the Town, having particular regard to the avoidance of congestion
in the streets and highways and the pedestrian traffic movements appropriate
to the various uses of land and buildings, and to provide for the
proper location and width of streets.
G.
To establish reasonable standards of design and procedures
for subdivisions and resubdivisions, in order to further the orderly
layout and use of land; and to ensure proper legal descriptions and
monumenting of subdivided land.
H.
To ensure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision.
I.
To prevent the pollution of air, streams and ponds;
to assure the adequacy of drainage facilities; to safeguard the water
table; and to encourage the wise use and management of natural resources
throughout the Town in order to preserve the integrity, stability
and beauty of the community.
J.
To preserve the natural beauty and topography of the
Town and to ensure appropriate development with regard to these natural
features.
K.
To provide for the preservation of open spaces through the most efficient design and layout of the land, including the use of cluster development, in providing for minimum width and area of lots, while preserving the density of land as established in Chapter 225, Zoning.
L.
To permit flexibility in land development through
cluster development by allowing for a variety of lot sizes without
increasing the overall density permitted in the zone or zones in which
the property is located.
[Added 7-10-1996 by L.L. No. 5-1996]
M.
To allow for residential development through cluster
development which is in harmony with the rural character of Eden,
while guiding development away from sensitive lands and active or
potential agricultural lands.
[Added 7-10-1996 by L.L. No. 5-1996]
N.
To minimize the development on through roads with
the use of cluster development.
[Added 7-10-1996 by L.L. No. 5-1996]
A.
By authority of the resolution adopted by the Town
Board pursuant to the provisions of Article 16 of the Town Law, as
amended, and pursuant to the powers and jurisdiction vested through
the Suburban Town Law, Municipal Home Rule Law, Statute of Local Governments,
Town Zoning Law and other applicable laws, ordinances and regulations
of the State of New York and of the Town of Eden, the Planning Board
does hereby exercise the power and authority to review and approve
or disapprove plats for subdivisions within the Town of Eden which
show lots, blocks or sites with or without new streets or highways.
B.
By the same authority, the Planning Board does hereby
exercise the power and authority to pass and approve the development
of plats already filed in the office of the Clerk of Erie County if
such plats are entirely or partially undeveloped.
C.
The plat shall be considered to be entirely or partially
undeveloped if:
(1)
Said plat has been recorded with the Erie County Clerk's
office without or prior to approval by the Planning Board of the Town
of Eden; or
(2)
Said plat has been approved by the Planning Board
of the Town of Eden where the approval has been granted more than
three years prior to the granting of a building permit on the partially
or entirely undeveloped land and the zoning requirements for the subdivision
have been changed subsequent to the original final subdivision approval.
(NOTE: Section 2762 of the Town Law states as follows: "The term 'undeveloped'
shall mean those plats where 20% or more of the lots within the plat
are unimproved unless existing conditions, such as poor drainage,
have prevented their development.")
D.
The Planning Board is authorized under § 278
of New York State Town Law to require the use of the cluster concept.
In the event that the Planning Board shall approve a cluster concept
for a subdivision of land into building lots, authority is hereby
granted to the Planning Board, Town of Eden, pursuant to § 278
of New York State Town Law, to vary the zoning in connection with
a proposed subdivision plat, subject to the standards and procedures
contained herein.
[Added 7-10-1996 by L.L. No. 5-1996]
A.
No land shall be subdivided within the Town of Eden
until the subdivider or his or her agent shall have obtained approval
of the final subdivision plat by the Planning Board and until the
approved plat is filed with the Erie County Clerk.
B.
No building permit or certificate of occupancy shall
be issued for any parcel or plot of land which was created by subdivision
after the effective date of these subdivision regulations which is
not in conformity with these subdivision regulations.
In order that land may be subdivided in accordance
with the policy and purposes herein cited, these regulations are hereby
adopted.
A.
In their interpretation and application, the provisions
of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
B.
The regulations are not intended to interfere with,
abrogate or annul any other ordinance, rule or regulation, statute
or other provision of law. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision
of these regulations or any other ordinance, rule or regulations or
other provision of law, whichever provisions are more restrictive
or impose higher standards shall control.
C.
These regulations are not intended to abrogate any
easement, covenant or any other private agreement or restriction,
provided that where the provisions of these regulations are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of these
regulations shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
more restrictive or higher standards than the requirements of these
regulations, and such private provisions are not inconsistent with
these regulations or determinations thereunder, then such private
provisions shall be operative and supplemental to these regulations
and determinations made thereunder.
These regulations shall not be construed as
abating any action now pending under or by virtue of prior existing
subdivision regulations or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue or as affecting the
liability of any person, firm or corporation or as waiving any right
of the municipality under any section or provision existing at the
time of adoption of these regulations or as vacating or annulling
any rights obtained by any person, firm or corporation by lawful action
of the municipality, except as shall be expressly provided for in
these regulations.
For the purpose of providing for the public
health, safety and general welfare, the Town Board may from time to
time amend the provisions imposed by these subdivision regulations.
Public hearings on all proposed amendments shall be held by the Town
Board in the manner prescribed by law.
Whenever access to a subdivision is required
across land in another municipality, the Planning Board shall request
assurance from the Town Attorney that access is legally established
and from the Town Engineer that the access road is adequately improved.
Where feasible, lot lines should be laid out so as not to cross Town
boundary lines. Approval of the subdivision by the adjoining municipality
shall also be required by the Planning Board.
Regulation of the subdivision of land and the
attachment of reasonable conditions to land subdivision is an exercise
of valid police power delegated by the state to the Town of Eden.
The developer has the duty of compliance with reasonable conditions
laid down by the Planning Board for design, dedication, improvement
and restrictive use of the land so as to conform to the physical and
economical development of the Town and to the safety and general welfare
of the future lot owners in the subdivision and of the community at
large.
For a resubdivision, the same procedure, rules
and regulations shall apply as for a subdivision.
A.
Where the Planning Board finds that extraordinary
hardships or practical difficulties may result from strict compliance
with these regulations and/or the purposes of these regulations may
be served to a greater extent by an alternative proposal, the Board,
after a public hearing, may approve adjustments to these subdivision
regulations so that substantial justice may be done and the public
interest secured, provided that such adjustments shall not have the
effect of nullifying the intent and purpose of these regulations,
the Town Comprehensive Plan or the Official Map, and further provided
that the Planning Board shall not approve adjustments unless it shall
make findings based upon the evidence presented to it in each specific
case that:
(1)
The granting of an adjustment will not be detrimental
to the public safety, health or welfare or injurious to other property
as located.
(2)
The conditions upon which the request for an adjustment
is based are unique to the property for which the adjustment 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 these regulations is carried out.
B.
In approving adjustments, the Planning Board may require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements of these regulations.
A.
It shall be the duty of the Building and Zoning Inspector
to enforce these regulations. The Planning Board shall notify the
Building and Zoning Inspector of any known violations of these regulations.
B.
No owner or agent of the owner of any parcel of land
located in a proposed subdivision shall transfer or sell any such
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.
E.
Any person, firm or corporation who fails to comply
with or violates any of these regulations shall be subject to a fine
of not more than $250 or imprisonment for a period not exceeding 15
days, or both such fine and imprisonment, for each week of violation.
F.
Appropriate actions and proceedings may be taken by
law or in equity to prevent any violation of these regulations; to
prevent unlawful construction; to recover damages; to restrain, correct
or abate a violation; and to prevent illegal occupancy of a building,
structure or premises; and these remedies shall be in addition to
the penalties described above.
