[HISTORY: Adopted by the Town Board of the Town of Colden 8-10-1978 by L.L. No. 2-1978. Sections 92-2, 92-4E and 92-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
In order to provide for orderly growth and development of the town and to afford adequate facilities for housing, transportation, distribution, comfort, convenience, safety, health and welfare of the citizens, it is declared to be the policy of the Town Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the town. Land to be subdivided shall be of such character that it can be used for building purposes without danger to health or peril from fire, flood or other menace. Proper provision shall be made for drainage, water, sewerage and other needed improvements. The proposed streets, if any, shall compose a convenient system conforming to the Official Map (as it may be adopted) and shall be properly related to the proposals shown on the Town Plan. Streets and rights-of-way shall conform to standard Town of Colden specifications adopted May 9, 1974. In proper cases, park areas of suitable location, size and character for playground or other recreational purposes shall be shown on the subdivision plat.
Should any of these regulations conflict or be inconsistent with any provision of the Town Law, such provision of the Town Law shall apply.
In order that land may be subdivided in accordance with this policy, these regulations are hereby adopted.
For the purpose of these regulations, which shall be known and may be cited as "Town of Colden Land Subdivision Regulations," certain words used herein are defined as follows:
- The duly designated Engineer of the Town of Colden, or if there be no such official, the Planning Engineer employed by or assigned to the Town Planning Board.
- FINAL PLAT
- The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Board for approval, and which, if approved, will be submitted to the County Clerk for recording.
- MASTER PLAN
- A comprehensive plan, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Town of Colden, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
- OFFICIAL MAP
- The map established by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
- PARCEL OF LAND
- The boundaries of a conveyance by deed, will, intestacy or otherwise. A single contiguous conveyance shall be deemed one parcel regardless of the existence of one or more streets or roads traversing the whole or any part of the parcel.
- PRELIMINARY PLAT
- The preliminary drawing indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration. (See § 92-6A).
- A dedicated and accepted public right-of-way for vehicular circulation, including all areas between right-of-way lines.
- A. The division of any parcel of land, including adjacent or contiguous parcels conveyed by separate deed to the applicant, into two or more lots, plots, sites or other divisions of land for immediate or future sale or transfer of ownership or for building development which division shall require the construction of streets or other municipal facilities; provided, however, that the sale or exchange of parcels of land between adjacent or adjoining property owners or where such sales do not create additional lots and are not to be offered separately for sale shall not be considered a "subdivision" of land.
- B. Exception. This chapter shall not apply to the division of a parcel of record as of the effective date of this chapter into lots or parcels which front along an existing highway or road.
- C. The term "subdivision" also includes a resubdivision and, as appropriate in these regulations, shall refer to the process of subdividing the land or to the land subdivided.
- SURFACE DRAINAGE PLAN
- A plan showing all present or proposed grades and facilities for stormwater drainage.
No parcel of land shall be subdivided as hereinbefore defined without a special permit from the Town Board pursuant to the provisions of this chapter.
Submission of application; consultations.
The subdivider shall submit an application to the Town Board which shall include general site information, a local map and sketch plan with a request for informal consideration and advice.
It is presumed that the subdivider will consult with other parties potentially interested in the development, such as lending institutions, with a view to reaching firm conclusions regarding what parts of the market demand should be served, the suitability of the proposed location and the most advantageous subdivision plan.
Preliminary consultation should also be sought with the Erie County Health Department, in all cases, to familiarize the applicant with relevant provisions of the Erie County regulations and the relevant laws and regulations of the State of New York regarding provisions for sewer and water.
The Town Board shall first submit the application and the preliminary plat, if required, to the Planning Board and the Conservation Board for review and recommendation of the concept. Said Boards shall consider the matter at the next respective regular meetings of said Boards, following the referral from the Town Board, and shall report to the Town Board on or before the next regular meeting of the Town Board.
Submission of preliminary plat.
The Town Board, in its discretion, may hold a public hearing on the original application and site plan, within 30 days from the regular meeting at which the application is submitted, or it may require the submittal of a preliminary plat as defined in § 92-6 hereof before holding said hearing.
In the event that the Town Board requires a preliminary plat before consideration of the application, the applicant shall have 45 days in which to submit said preliminary plat.
Upon submission of said preliminary plat, the Town Board shall hold a public hearing on the application within 30 days from the date of the regular meeting at which said preliminary plat is submitted.
Within 30 days of said public hearing, the Town Board shall either approve, approve with conditions or deny said application. In the event of approval with conditions, the Town Board may require satisfaction of said conditions before issuing the special permit or issue the special permit with conditions and empower the Planning Board or the Building Inspector to enforce said conditions.
In the event that the preliminary plat accompanies the application and special permit, the Planning Board shall immediately begin review of the preliminary plat.
In the event that the application and special permit were based on a preliminary site plan only, the subdivider shall submit the preliminary plat to the Planning Board, within 30 days of the granting of the special permit.
The Planning Board shall review the preliminary plat at the next regular meeting after receipt. The Planning Board may require supplemental material or additional information or reports from the subdivider or other appropriate agency which it may deem necessary for its review.
The Planning Board shall submit the preliminary plat and all supporting material to the Town Conservation Board for a report and recommendation. Said Conservation Board shall report its findings and recommendations no later than the date set by the Planning Board for the public hearing.
Following the review of the preliminary plat, requested reports and supplemental material required, the Planning Board shall hold a public hearing within 45 days after receipt of such preliminary plat by the Clerk of the Planning Board, which hearing shall be advertised at least once in the newspaper of general circulation in the town at least five days before such hearing.
Within 45 days after the date of such hearing, the Planning Board shall recommend approval with or without modification or recommend disapproval of such preliminary plat and the ground of a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of this section, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the owner and the Planning Board. When recommending a preliminary plat, the Planning Board shall state, in writing, modifications if any, as it deems necessary for submission of the plat in final form. Within five days of the recommendation of approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in his/her office and a certified copy mailed to the owner. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If such plat is not submitted, recommendation of the preliminary plat may be revoked by the Planning Board. In the event that a Planning Board fails to take action on a preliminary plat within the time prescribed therefor, such plat shall be deemed recommended by the Planning Board.
Within 45 days of the submission of a plat in final form for approval by the Planning Board, a hearing shall be held by the Planning Board, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Subsection F of this section and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive requirements for such public hearing. The Planning Board shall, by resolution, recommend conditional approval, conditional approval with or without modification, disapproval or recommend final approval and the signing of such plat, within 45 days of its receipt by the Clerk of the Planning Board, if no such hearing is held or, in the event such hearing is held, within 45 days after the date of such hearing. Notwithstanding the foregoing provisions of this subsection, the time in which a Planning Board must take action on such plat may be extended by mutual consent of the owner and the Planning Board. In the event that the Planning Board fails to take action on a final plat within the time prescribed therefor, the plat shall be deemed approved by the Planning Board. Thereafter, the final plat shall be forwarded to the Town Board, together with the report and recommendation of the Planning Board.
The subdivider will be required to tender offers of cession in a form certified as satisfactory by the Town Attorney of all sewers, drains, waterlines and all land included in streets, parks or other public areas, not specifically reserved by him, but approval of the plat by the Board does not constitute an acceptance by the town of the dedication of any street, park or other public open space.
Upon receipt of final plat by the Town Board, said Board may hold a public hearing before taking formal action. The Town Board shall approve or disapprove said final plat. In the event of approval, the map shall be certified by the Town Clerk and recorded in the Erie County Clerk's office within 60 days by the owner. In the event of disapproval, the Town Board shall indicate its reasons and state whether such disapproval is absolute or conditional. In the event of a conditional disapproval, the applicant may reapply after fulfilling the required conditions or abandon the project.
Preliminary plat. Preliminary plats shall be drawn to a scale of not more than one inch equals 100 feet and shall show the following information:
The location of the property with respect to surrounding property and streets. There shall also be included a key map at a scale of one inch equals 500 feet showing all streets, streams and property within 1,500 feet of the applicant's property. All property held by the applicant in the area should be identified.
The location and approximate dimensions of all existing property lines (include entire area proposed to be subdivided and remainder of the tract owned by the subdividing owner).
All pertinent features, such as existing structures, streets, railroads, water bodies, streams, swamps and large trees, that may influence the design of the subdivision, and topography at contour interval of not more than five feet, unless waived by the Town Board.
The location, width and approximate grade of all proposed streets. Approximate elevations shall be shown at the beginning and end of each street, at street intersections and at all points where there is a decided change in the slope or direction.
The approximate location, dimensions and area of all proposed or existing lots.
The approximate location and dimensions of all property proposed to be set aside for playground or park use.
The names of all property owners of record or the names of developments within 500 feet.
The names and addresses of the owner or owners of land to be subdivided, the name and address of the subdivider, if other than the owner, and the name of the land surveyor.
The date, source of the North point and scale.
Acreage of tract to be subdivided to nearest tenth of an acre.
Information on soil types and characteristics as noted in the Official Erie County Soil Maps of the Soil Conservation Service, including information on soil permeability, seasonal high water table and soil bearing capacity.
Proposed provision of water supply, fire protection, disposal of sanitary waste, stormwater drainage, street trees, streetlighting fixtures, street signs and sidewalks, date on which must be available for consideration at this state.
Each block shall be numbered, and the lots within each block shall be numbered consecutively in accordance with the procedure established by the town. The total number of residential lots shall be noted on the plat.
Final plat. Subdivision plats shall be accompanied by separate construction detail sheets, and both shall be submitted to the Planning Board for approval, as follows:
Drawing, scale and size of plat and construction detail sheets. The subdivision plat and construction detail sheets shall be clearly and legibly drawn on a stable transparent base. In areas zoned for lots of minimum size of 20,000 square feet or more, maps and profiles shall be at a scale of one inch equals 100 feet. In areas zoned for lots less than 20,000 square feet, maps and profiles shall be at a scale of one inch equals 50 feet. Maps shall be on uniform size sheets in accordance with the New York State statutes. Whenever any project is of such size that more than one sheet is required, then an index map on the same size sheet shall accompany these sheets. The construction detail sheets shall show all items included in subsection B(3) herein and as actually constructed.
Information to be shown on plat.
Plats shall show the following information:
Proposed subdivision name or identifying title which shall not duplicate or too closely approximate that of any other development in the town.
Date, source of the North point and scale.
Name, address and signature of the owner, subdivider and licensed engineer or land surveyor.
Names of owners on record of abutting properties or developments.
Locations, names and widths of existing streets, highways and easements, building lines, parks and other public properties.
Locations and widths of all streets and sidewalks, together with names of streets and location, dimensions and status of all easements proposed by the subdivider.
Lot areas in square feet.
Lot lines with accurate dimensions and bearings of angles.
Sufficient data to determine readily the location, bearing and length of all lines, and to reproduce such lines upon the ground.
Radii of all curves and lengths of arcs.
Location, material and approximate size of all monuments.
The accurate outlines of all property which is offered, or to be offered, for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the subdivision.
Acreage of tract to be subdivided to the nearest tenth of an acre.
Each block shall be numbered and the lots within such block shall be numbered consecutively in accordance with the procedure established by the town. The total number of residential lots shall be noted on the plat.
In addition to the subdivision plat as described above, there shall also be presented to the Planning Board a certificate that there are no tax liens on the property being subdivided and a performance bond in such amount as is necessary to complete street and utility improvements.
Construction detail sheets.
Construction detail sheets shall show the following information, except that, where requirements have been waived, applicable specifications may be omitted:
Profiles showing existing and proposed elevations along the center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets, within 100 feet of the intersection, in both directions, shall be shown. All elevations must be referred to established United States government or approved local bench marks, where they exist within 1/2 mile of the boundary of the subdivision.
The Planning Board may require, where steep slopes exist, that present elevations of all proposed streets shall be shown every 100 feet at five points on a line at right angles to the center line of the street, and said elevation points shall be at the center line of the street, each property line and points 30 feet inside each property line.
Plans and profiles showing the location and a typical section of street pavements, including curbs and gutters, sidewalks, manholes and catch basins; the locations of street trees, streetlighting standards and street signs; the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains and fire hydrants; and the exact location and size of all water, gas, electric or other underground utilities or structures.
All plans shall conform to the town minimum road specifications and shall be subject to the approval of the Town Engineer.
The arrangement, character, extent, width, grade and location of all streets shall conform to the Master Plan and to the Official Map, if any, and shall be considered in their relation to other existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets and must meet all design standards for construction as adopted by the Town of Colden, May 9, 1974, or as revised.
Where such is not shown in the Master Plan, the arrangement of streets in a subdivision shall either:
Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
Conform to a plan for the neighborhood approved or adopted by the Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.
Streets shall be so laid out that their use by through traffic will be discouraged.
Where a subdivision borders on or contains a railroad right-of-way or controlled access highway right-of-way, the Board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
Reserve strips controlling access to streets, water plants or sewage treatment plants or to other land dedicated or to be dedicated to public use shall be prohibited except where their control is definitely placed in the town under conditions approved by the Board.
Street jogs with center-line offsets of less than 125 feet shall be avoided.
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
When connecting streetlines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius at the inner streetline of not less than 250 feet.
Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 75°. Any change in street alignment to meet this requirement shall occur at least 100 feet from the intersection.
No street names shall be used which will duplicate or likely be confused with the names of existing streets. Street names shall be subject to the approval of the Board, Postmaster, Board of Fire Commissioners, local police agency and Town Clerk, prior to final approval.
The lot size, width, depth, shape and orientation, and the minimum building setback lines, shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard.
Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
Public sites and open spaces.
Where a proposed park, playground, school or other public use shown in a Master Plan is located, in whole or in part, in a subdivision, the Board may require the dedication or reservation of such area within the subdivision in those cases in which the Board deems such requirements to be reasonable.
Where deemed essential by the Board, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Master Plan, the Board may require the dedication or reservation of such other areas or sites or a character, extent and location suitable to the needs created by such development for schools, parks, water plants, sewage treatment plants and other community purposes.
Monuments. For preservation of land boundaries, monuments shall be placed at appropriate places, usually property corners, street intersections or as designated by the Engineer. The monuments shall be of such material, size and length as may be approved by the Engineer.
The Board may require the planting of trees or other landscaping as may be deemed appropriate where public streets are to be constructed and dedicated. Plans for this will be approved by the Board.
All public utilities and street improvements will meet the latest construction specification of the Town of Colden and be subject to inspection as designated therein.
Where the Board finds that because of unusual circumstances of shape, topography or other physical features of the land or because of the nature of adjacent developments, extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that no such variation shall be granted which will have the effect of nullifying the intent and purpose of the Master Plan, the Zoning Ordinance or any other law or ordinance of the Town Colden.
In granting variances and modifications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.