This chapter shall be known and may be cited
as the "Town of East Bloomfield Land Development Regulations and Public
Works Requirements," as adopted by the Town Board on November 14,
1994.
In accordance with New York Town Law, Article
16, § 271, the Planning Board of the Town of East Bloomfield
is created by the Town Board. The Planning Board of East Bloomfield
is empowered by provisions of New York Town Law, Article 16, and by
the Town Board to grant final approval of any subdivision plat or
site plan of lands with or without streets or highways within the
corporate limits of the Town of East Bloomfield. Such approval, in
accordance with the procedures and regulations set forth below, is
intended to follow applicable sections of the New York State Town
Law.
To carry out the purpose of the Town Law and
the Planning Board, this chapter is adopted by the Town Board to provide
for the future growth and development of the town and to afford adequate
facilities for the housing, transportation, distribution, comfort,
convenience, safety, health and welfare of its population. Consistent
with such purposes, this chapter will provide for the orderly development
of land use areas, the coordination of existing streets and public
utilities with new service, the provisions of open spaces for passive
and active recreation and the location of future sites for public
buildings and commercial areas, all to the mutual benefit of the town
and its residents.
A.
Words in the singular include the plural, and words
in the plural include the singular. The word "person" includes a corporation,
unincorporated association and a partnership, as well as an individual.
The word "building" includes "structure" and shall be construed as
if followed by the words "or part thereof." The word "street" includes
"road," "highway" and "lane"; "watercourse" includes "drain," "ditch"
and "stream." The words "shall" or "will" are mandatory; the word
"may" is permissive.
B.
AGRICULTURAL DATA STATEMENT
ALLEY (OR SERVICE DRIVE)
BLOCK
BUILDER
BUILDING INSPECTOR
CLEAR SIGHT TRIANGLE
CODE ENFORCEMENT OFFICER
CONTRACTOR
CROSSWALK
CUL-DE-SAC
DEDICATION
DEVELOPER
DOUBLE-FRONTAGE LOTS
DRIVEWAY
EASEMENT
FINAL SUBDIVISION PLAT
GRADING PLAN
HALF OR PARTIAL STREET
INSPECTOR/OBSERVER
IMPROVEMENTS
LETTER OF CREDIT
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OPEN SPACE OR OPEN AREA
PLANNING BOARD, BOARD OR TOWN PLANNING BOARD
PRELIMINARY PLAT
RIGHT-OF-WAY
SEQR OR STATE ENVIRONMENTAL QUALITY REVIEW
SET BACK OR BUILDING LINE
SIGHT DISTANCE
SITE PLAN
SKETCH PLAN
STREET
(1)
(2)
(3)
(4)
SUBDIVISION
SUPERINTENDENT OF WATER UTILITIES AND SUPERINTENDENT OF HIGHWAYS
TOTAL HOLDINGS MAP
TOWN ATTORNEY
TOWN BOARD
TOWN ENGINEER
ZONING BOARD OF APPEALS
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings indicated.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which an action of approval is pending, per Town Law § 283-a.
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more properties.
An area bounded by streets.
A person who obtains a building permit for construction of
a structure on an approved site.
An appointed official nominated by the Town Board to enforce
the provisions of the New York State Uniform Fire Prevention and Building
Code, as adopted by the town.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
An appointed official nominated by the Town Board to enforce Chapter 135, Zoning, of the Town of East Bloomfield and the New York State Uniform Fire Prevention Code.
A person acting for the developer to construct the required
improvements of the project. The contractor is responsible to perform
the work in conformance with the approved plans, subject to a review
by town officials.
A right-of-way, municipally or privately owned, at least
10 feet in width, which traverses an area to furnish access for pedestrians.
A residential street with one end open for public vehicles
and pedestrian access and the other end terminating in a vehicular
turnaround.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
such as are compatible with the full exercise and enjoyment of the
public uses to which the land has been devoted.
A person holding title to a parcel of land to be developed
or subdivided. Commitments and/or requirements for development are
solely between the town and the developer.
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
Access for not more than two homes each having 60 feet frontage
on a public road and must have a minimum width of 12 feet.
[Amended 5-24-1999 by L.L. No. 1-1999]
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
A drawing prepared by a registered professional which complies
with prescribed regulations and statutes for recording in the Ontario
County Clerk's office.
A plan showing all present and proposed elevations for stormwater
drainage and disposal.
A street generally parallel and adjacent to a property line,
having a lesser right-of-way than normally required for satisfactory
improvement and use of the street.
An agent of the town empowered to observe the construction
progress of the project and its compliance with the approved plans.
Those physical additions and changes to the land that may
be necessary to produce usable and buildable land areas. This may
include, but is not limited to, grading, water supply, sewage disposal,
stormwater disposal, lighting, landscaping, etc.
Financial security required to ensure the installation of
improvements as shown on the approved plan, subject to possible dedication
to the town.
A parcel of land intended for transfer of ownership or site
development that is presently occupied or capable of being occupied
by a principal building or use and uses accessory to the principal
building or use.
A subdivision plat prepared by a registered professional
of more than four lots or a development proposing dedicated new streets
or improvement districts to service such subdivision.
A part of any comprehensive study prepared for the town that
addresses future land use considerations.
A subdivision plat prepared by a registered professional
of four lots or less with access to an existing right-of-way, requiring
no new streets nor the creation or extension of improvement districts
and having no substantial adverse effect on access to, use or development
of the remainder of the parcel or adjoining parcels.
Any space or area of undeveloped land characterized by natural
scenic beauty, existing openness and natural condition. A variety
of open space forms are encouraged and may include, but are not limited
to, formal squares and parks; informal natural areas; passive and
active recreation areas; treed and open fields; and agricultural lands
used in agricultural production.
The Town of East Bloomfield Planning Board; when Town Board
is meant, it will be stated as "Town Board."
A drawing prepared in a manner prescribed by these and other
applicable regulations showing the layout of a proposed subdivision,
including, but not limited to, road and lot layout with approximate
dimensions; key plan; topography and drainage; and all proposed facilities,
including preliminary plans and profiles, at a suitable scale and
detail to address the local regulations that are listed in this chapter.
Land opened for use as a street, crosswalk or utility corridor.
Part of the Environmental Conservation Law applicable to
land development per 6 NYCRR Part 617. A short environmental assessment
form, Appendix C of Part 617.21, is required for all minor subdivisions.
A full environmental assessment form, Appendix A of Part 617.21, is
required for all major subdivisions or Type 1 actions under SEQR definitions.
The right-angle distance within a property defining the required
minimum distances between any structure and the street or the side
or rear property lines of a parcel right-of-way.
The distance of visual sight available for access to a dedicated
right-of-way from any parcel of land to be developed.
A drawing prepared by a registered professional for review
by the Planning Board for the development of an existing lot or parcel
without any new subdivision of land.
An informal plan in accordance with these specifications
indicating existing features of a parcel of land and its surroundings
and the general layout of a proposed land improvement.
A general term used to describe a right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel and utility services. The streets are classified by function as follows (refer to § 86-67 for design criteria):
PRIVATE ROADAny shared access for not more than four houses.
[Amended 5-24-1999 by L.L. No. 1-1999]
RURAL DEVELOPMENTA street used as a means of access to residential units. This road may be owned and operated under an established homeowners' association or designed and constructed for eventual dedication to the town.
LOCAL ROAD (SUBDIVISION STREET)A new development serving primarily a neighborhood with relatively low volumes of traffic.
COLLECTOR ROADA road connecting area centers serving a large volume of local or regional traffic.
The division of any parcel of land into a number of lots,
blocks or sites subject to this chapter, with or without streets or
highways, for the purpose of sale, transfer of ownership or development.
The term "subdivision" shall include any alteration of lot lines or
dimension of any lots or sites shown on a plat previously approved
and filed in the office of the Ontario County Clerk. Subdivisions
are defined as either major or minor, with the review procedures and
criteria for each set forth in this chapter.
Those town department heads who are directly in charge of
their respective departments and who shall assume the operation and
maintenance of their respective portions of a development upon dedication
to the town.
A map of the contiguous parcels, including the land to be
developed, owned by a person applying for development approval.
A person or firm engaged by the town to review and prepare
necessary documentation as required for districts, easements, letters
of credit, dedication, surety or other legal matters.
The board, as elected by the residents of the town, which
acts on behalf of the residents of the Town of East Bloomfield for
the betterment, protection and welfare of the community.
A person or firm engaged by the town to review the project
plans and to make recommendations to the town so the best interests
of the town shall be preserved in conformance with the standards herein
established.
A Zoning Board of Appeals, appointed pursuant to § 267
of the Town Law, shall be appointed by the Town Board in such a manner
and for such terms as provided by the Town Law, and any amendments
thereto.
C.
Throughout this chapter, one will find reference to
the following publications of other agencies or testing methods; reference
for these designations are widely accepted and readily available for
the specifics and details that may be required for a design situation:
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AASHTO - American Association of State Highway
and Transportation Officials.
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ANSI - American National Standards Institute,
Inc.
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ASTM - American Society for Testing and Materials.
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AWWA - American Water Works Association.
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NSF -- National Sanitation Foundation.
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NYSDEC - New York State Department of Environmental
Conservation.
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NYSDOH - New York State Department of Health.
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NYSDOT - New York State Department of Transportation.
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