These regulations shall hereafter be known,
cited and referred to as the "Subdivision Regulations of the Town
of Eden, New York."
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]
In order that land may be subdivided in accordance
with the policy and purposes herein cited, these regulations are hereby
adopted.
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.