In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article
I of this chapter.
[Amended 9-15-2008 by L.L. No. 8-2008]
A. Type of name. All street names shown on a preliminary
plat or subdivision plat shall be approved by the Planning Board.
Streets shall have names and not letters or numbers. There will be
no north, south, east, or west designations (e.g., Woodland Court
North or North Main Street). After approval, street names shall not
be changed without approval of the Town Board.
B. Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that those streets that
join or are in alignment shall bear the same name. Street names shall
not be approved for names that already occur in the same zip code
area or elsewhere within the Town. Generally, no street should change
direction by more than 90° without a change in street name. However,
this may be allowed when only a few building lots will be established
and the road will not be extended in the future.
C. Review of street names. Street names will be reviewed
by the Building Department, Niagara County Sheriff's Department and
the United States Postal Service prior to final subdivision plat approval.
If a subdivider wishes to remove excess topsoil
from a subdivision, sufficient topsoil must remain on site such that
after development each lot has a minimum of five inches of topsoil
in all grassed areas. The subdivider shall include with the construction
drawings submitted with the final plat calculations indicating the
volume of topsoil that must remain on site. Required topsoil must
be placed on each lot prior to issuance of a certificate of occupancy.
A conditional certificate of occupancy may be granted if, at the discretion
of the Building Inspector, the topsoil cannot be placed on the lot
at the time that a certificate of occupancy is requested. At no time
shall storage of topsoil infringe on any required drainage easements.
If open space, streets or utilities are owned
and maintained by a homeowners' or condominium association, the subdivider
shall file a declaration of covenants and restrictions that will govern
the association, to be submitted with the application for the preliminary
approval. The provisions shall include, but are not necessarily limited
to, the following:
A. The homeowners' association must be established before
the homes/lots are sold. In the case of private streets or private
utilities, the association must be established prior to the issuance
of the public improvement permit.
B. Membership must be mandatory for each home buyer and
any successive buyer.
C. Any open space restrictions must be permanent, not
just for a period of years.
D. The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
E. Homeowners must pay their prorated share of the cost,
and the assessment levied by the association can become a lien on
the property if allowed in the master deed establishing the homeowners'
association.
F. The association must be able to adjust the assessment
to meet changed needs.