[Amended 10-10-1994 by L.L. No. 1-1994]
A.Â
The Town Board of the Town of South Bristol, in accordance
with 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 within the town but outside any incorporated
village which show lots, blocks or sites, with or without new streets
or highways. Pursuant to the above authority as well as §§ 276,
277 and 279 of Article 16 of the Town Law, the Planning Board has
prepared and adopted these Subdivision Rules and Regulations setting
forth standards to be followed in the preparation and review of preliminary
layouts and subdivision plats. By the same authority, 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.
B.Â
The Town Board may grant the use of § 278
of the Town Law of the State of New York upon a request by an applicant
and upon a recommendation by the Planning Board that the proposed
subdivision meets all of the conditions set forth under § 278.
A.Â
The following rules and regulations, adopted by the
Planning Board of the Town of South Bristol and approved by the Town
Board of said town, provide guidance to all applicants who seek approval
of subdivision plats. The general purpose of establishing subdivision
regulations is to provide for the orderly growth and development of
the town and to afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
the town's present and future population.
B.Â
This chapter establishes requirements for approval
of subdivision plats, including a description of maps and supporting
materials which the Planning Board requires to carry out its responsibilities.
The review and approval procedures contained herein are designed to
safeguard the community.
C.Â
These provisions assure that the requirements and
standards for land subdivision contained herein are fulfilled and
that the public health, safety and welfare are thereby protected.
In order that land may be subdivided in accordance
with this purpose, this chapter is hereby adopted and shall be known
and may be cited as the "Subdivision Rules and Regulations of the
Town of South Bristol."
Upon the approval of these rules and regulations
by the Town Board, subdivisions within the Town of South Bristol 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 these rules and regulations impose greater
restrictions than are imposed by the provision of any law, ordinance,
regulation or private agreement, these rules and regulations shall
control. Where greater restrictions are imposed by any law, ordinance,
regulation or private agreement than are imposed by these rules and
regulations, such greater restrictions shall not be affected by these
rules and regulations.
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.Â
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 building purposes without danger to health and safety
or peril from fire, flood or other menace. Proper provision shall
be made for drainage, water supply, sewage and other needed improvements.
B.Â
Natural and historic features shall be preserved.
Insofar as possible, all existing features of the landscape, such
as large trees, rock outcrops, unusual glacial formations, water-
and flood courses, historic sites and other such irreplaceable assets,
shall be preserved.
C.Â
Subdivision plans shall conform to the Town Master
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 the Zoning Ordinance and shall be properly
related to the Town Master Plan as it is developed and used for guidance
by the Planning Board, either with or without formal adoption. The
proposed streets shall compose a convenient system conforming to the
Official Map, as it may be adopted by the Town Board. 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.
Park areas of suitable location, size and character for playground
or other recreational or open space purposes shall be shown on the
subdivision plat in proper cases and when required by the Planning
Board.
Whenever access to a subdivision can be had
only across land in another municipality, the Planning Board may request
assurance from the South Bristol Town Attorney that access is legally
established and from the South Bristol Town Engineer that the access
road is adequately improved or that a letter of credit has been duly
established and is sufficient in amount to assure the construction
of the access road. In general, lot lines should be laid out so as
not to cross town boundary lines.
A map for a resubdivision, as defined in § 149-15, may be approved by the Planning Board and its agents.
In the event of any conflict or inconsistency
between these rules and regulations and the Design Criteria and Construction
Specifications for Land Development in the Town of South Bristol,[1] it is the responsibility of the subdivider to bring such
alleged inconsistency or conflict to the Planning Board's attention,
in writing, for a decision, and its decisions shall be final and binding.
[1]
Editor's Note: The Design Criteria and Construction
Specifications for Land Development are available for inspection in
the office of the Town Clerk.
[Amended 10-10-1994 by L.L. No. 1-1994]
Pursuant to § 271 of the Town Law,
the Planning Board of the town shall consist of seven (7) members
appointed in such manner and for such terms as provided in the Town
Law. For the purpose of initiating a Planning Board under these rules
and regulations, the normal continuance of the existing Planning Board
is established. The Planning Board shall have power to pursue all
those duties established for it by the town and these rules and regulations.
It shall establish such rules and regulations as are necessary for
the transaction of its business and may amend, modify and repeal the
same.
Where the conditions imposed by any provision
of these rules and regulations are more restrictive than comparable
conditions imposed by any other provisions of these rules and regulations
or any other ordinance, resolution or regulation, the provisions which
are more restrictive shall govern.
All ordinances or regulations and all amendments
thereto having to do with subdivision procedures are hereby repealed,
with the provision that violations of the previous ordinance or regulations
and all amendments thereto shall remain violations to the extent that
the matters in violation do not conform to the provisions of these
rules and regulations.
The adoption of these rules and regulations
shall not affect or impair any act done, offense committed or right
incurred or acquired or liability, penalty, forfeiture or punishment
that was incurred prior to the time these rules and regulations take
effect under the regulations relative to subdivisions.
In case of any violation or threatened violation
of any of the provisions of these rules and regulations or conditions
imposed by the Planning Board, in addition to the remedies herein
provided, the Town Board may institute any appropriate action or proceeding
to abate such violation or to prevent any illegal act conducted on
or about such premises.
