A.
Planning Board authority. The Town Board of the Town
of West Bloomfield, in accordance the provisions of the Town Law of
the State of New York, has heretofore created a Planning Board and
has assigned to it the responsibility and authority to review and
approve, modify and approve or disapprove plans for land subdivision.
B.
Undeveloped plats. Pursuant to the above authority,
using procedures set forth in this chapter, the Planning Board has
the power and authority to pass and approve the development of plats
already filed in the office of the Clerk of Ontario County if such
plats are entirely or partially undeveloped.
C.
Town Law § 278 authority. The Town Planning
Board is also granted the authority to allow an applicant to either
propose a clustered subdivision layout or require an applicant to
provide a clustered subdivision layout as provided in § 278
of the Town Law of the State of New York.
A.
The purpose and intent of the Subdivision Regulations
of the Town of West Bloomfield is to provide for the orderly growth
and development of the Town as has been expressed in the Town of West
Bloomfield Comprehensive Plan and the Town of West Bloomfield Zoning
Code.[1]
B.
The purpose of these subdivision regulations is to
provide for adequate facilities for the housing, transportation, distribution,
comfort, convenience, health, safety and welfare of the Town's population
and protection of the Town's natural, cultural, historical and agricultural
resources.
C.
These regulations establish requirements for action
on subdivision plats, including a description of maps and supporting
materials that the Planning Board requires to carry out its responsibilities
under these regulations. The review and approval procedures contained
herein are designed to safeguard the community.
In order that the land may be subdivided in
accordance with the stated purpose and intent, these regulations are
hereby adopted and shall be known and cited as the "Subdivision Regulations
of the Town of West Bloomfield.
Upon the adoption of this chapter by the Town
Board, subdivisions within the Town of West Bloomfield but outside
the limits of any incorporated village shall be designed and submitted
for approval in compliance with the standards and procedures set forth
herein.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this chapter shall control. Where greater restrictions
are imposed by any law, ordinance or regulation than are imposed by
this chapter, such greater restrictions shall govern.
It is declared to be the policy of the Planning
Board to consider land subdivisions as part of a plan for the orderly,
efficient and economical development of the Town and in a manner that
is reasonable and in the best interests of the community. The Planning
Board will be guided in its consideration of an application for the
subdivision of land by the following general requirements:
A.
Physical characteristics. Land must be buildable and
free of hazard. The physical characteristics of the land to be subdivided
shall be such that it can be used for natural resource conservation
or building purposes without danger to health and safety or peril
from fire, flood or other menace. Proper provision shall be made for
stormwater management, water supply, sewerage and other needed improvements,
and consideration shall be given to the future development of adjoining
lands. Particular attention shall be given to the arrangement, location
and width of streets, their relation to the topography of the land,
lot sizes and arrangement and the future development and natural and
cultural resources of adjoining lands. All parcel developments shall
meet Town, county, state, and federal regulations and requirements.
B.
Natural and historic features. Insofar as possible,
all existing features of the landscape, such as large trees, vegetative
communities, rock outcrops, important ecological communities, surface-
and groundwater resources, unusual glacial formations, floodcourses,
cultural and historic sites and other such irreplaceable assets shall
be preserved thereby preventing ecological damage and visual blight
which occur when those features or vegetation are eliminated or substantially
altered to serve development purposes only.
C.
Conformity. Subdivision plans shall be properly related to and conform to the Town Comprehensive Plan. Subdivisions shall conform to the streets, parks and other public ways or spaces shown on the Official Map of the Town, if any. They shall be in conformance with Chapter 140, Zoning. The proposed streets shall compose a convenient system conforming to the Official Map, as it may be adopted by the Town Board.
D.
Traffic safety and streets. Streets shall be of such
width, grade and location as to accommodate the prospective traffic,
to afford adequate light and air, and to facilitate fire protection.
The location of access points to parcels from public streets shall
ensure minimal interference with, and by, traffic movements and reduce
congestion on Town, county, state and federal streets and highways.
E.
Parks and open space. Park areas of suitable location,
size and character for playground and other recreational or open space
purposes shall be shown on the subdivision plat in proper cases and
when required by the Planning Board.
F.
Protection of agricultural infrastructure and significant
agricultural lands. Consideration will be given to maintaining agricultural
viability and protecting significant agricultural lands by minimizing
adverse impacts on agricultural land remaining from the subdivision,
prime and unique agricultural soils, adjoining or nearby agricultural
land and operations, existing natural buffers, and agricultural infrastructure,
including but not limited to surface and subsurface agricultural drainage
systems, farm equipment access points, and equipment lanes.
Whenever access to a subdivision can be had only across land in another municipality, the Planning Board may request assurance from the West Bloomfield Town Attorney, the West Bloomfield Town Engineer, and the Highway Superintendent of the adjoining municipality that the access road is adequately improved or that a performance security, as specified in Article III, § 121-19, has been duly executed and is sufficient security to ensure access has been constructed. In general, lot lines shall be laid out so as not to cross municipal boundary lines.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
For the purpose of this chapter, each lot shall be identified by the Tax Map of the Town West Bloomfield dated July 23, 2008. It is the express intent of this chapter that no parcel as defined herein may be changed or reconfigured after July 23, 2008, for the purposes of applying or avoiding the restrictions of this chapter. All lot area requirement calculations established in Chapter 140, Zoning, of the Town of West Bloomfield Code shall be based on the lot as identified by the Tax Map of the Town of West Bloomfield on the effective date of this law. This parcel shall be identified as the parent parcel. Previously subdivided lots are subject to the provisions of this chapter.
