This chapter is enacted pursuant to the authority granted to the Town
Board of the Town of Tonawanda in Article 16 of the Town Law of the State
of New York and § 10 of the Municipal Home Rule Law of the State
of New York. This chapter now supersedes and modifies §§ 276,
277 and 278 of the Town Law of the State of New York in that the functions
and duties conferred upon the Planning Board in §§ 276, 277
and 278 of the Town Law of the State of New York be performed by the Town
Board of the Town of Tonawanda, and the Town Board of the Town of Tonawanda
shall be deemed the Planning Board for such purposes.
This chapter shall be known as the "Subdivision Review Law of the Town
of Tonawanda, Erie County, New York."
The purpose of this chapter is to provide for orderly, efficient growth
within the community and to afford adequate facilities for the transportation,
housing, comfort, convenience, safety, health and welfare of its population.
Application filing, consulting, environmental quality review fees and
inspection fees, fixed fees or other reasonable fees sufficient to recover
incurred costs may be charged. Such fees shall be set by the Town Board by
resolution.
A.
It shall be the duty of the Code Enforcement Officer
of the Town Building Department to enforce the provisions of this chapter
and to bring to the attention of the Town Board any violations or lack of
compliance.
[Amended 3-26-2007 by L.L. No. 2-2007]
B.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250. or by imprisonment for a period not to exceed 15 days,
or both.
C.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
D.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
E.
The Town Board shall have recourse to such remedies in
law and equity as may be necessary to ensure compliance with the provisions
of these regulations.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements. More stringent
provisions may be required if it is demonstrated that different standards
are necessary to promote public health, safety and welfare.
B.
Where the conditions imposed by any provisions of this
chapter are either more restrictive or less restrictive than comparable conditions
imposed by any other provisions of this chapter or any other applicable law,
ordinance, resolution, rule or regulation of any kind, the regulations which
are more restrictive and impose higher standards or requirements shall govern.
