By authority of Town Law § 261, the
Town Board of the Town of Wheatfield authorizes the Planning Board
of the Town of Wheatfield to review each plat for land subdivision
within the Town and to recommend to the Town Board approval, approval
with modifications, or disapproval in accordance with the procedure
and standards hereinafter stated.
This chapter shall hereafter be known, cited
and referred to as the "Town of Wheatfield Land Subdivision Regulations."
A.
It is hereby declared to be the policy of the Town
of Wheatfield to consider the subdivision of land and the subsequent
development of the subdivided plat as subject to the control of the
municipality pursuant to the Official Comprehensive Plan of the municipality
for the orderly, planned, efficient and economical development of
the municipality.
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; that proper provision
shall be made for drainage, water supply, sewerage and other needed
improvements; that 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; that the proposed streets shall compose a convenient system
conforming to the Official Map[1] and shall be properly related to the proposals shown on
the Comprehensive 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; and
that proper provision shall be made for green spaces for parks and
playgrounds.
[1]
Editor's Note: The Official Map is on file
in the Building Department.
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 from time to time if it is demonstrated
that different standards are necessary to promote the 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 of 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.
A.
Where the Town Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 200, Zoning, of this Code.
B.
In granting waivers, the Town Board shall require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements so waived.
C.
The basis for any such waivers shall be set forth
in the official minutes of the Town Board.
