[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.]
A.
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.
B.
Should any of these regulations conflict or be inconsistent with
any provision of the Town Law, such provision of the Town Law shall
apply.
C.
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.
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.[1]
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.
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.
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.
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.
ARTERIAL, MAJOR ARTERIAL OR MAJOR STREETTo expedite movement of through traffic to major traffic generators and from community to community; to collect and distribute traffic from freeways and expressways to less important major streets or directly to traffic destinations.
COLLECTOR STREETTo collect and distribute traffic from higher-type major streets to access streets or directly to traffic destinations; to serve neighborhood traffic generators.
LOCAL OR MINOR STREETA street, the principal purpose of which is to provide vehicular access to the proproperties abutting it.
MARGINAL ACCESS STREETA local or minor (service) street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic and control of intersections with major traffic streets.
CUL-DE-SACA street intersecting another street at one end and permanently terminated by a vehicular turnaround at the other.
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.
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.
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.
A plan showing all present or proposed grades and facilities
for stormwater drainage.
A.
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.
B.
Submission of application; consultations.
(1)
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.
(2)
Consultation.
(a)
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.
(b)
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.
C.
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.
D.
Submission of preliminary plat.
(1)
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.
(2)
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.
(3)
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.
E.
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.
A.
In the event that the preliminary plat accompanies the application
and special permit, the Planning Board shall immediately begin review
of the preliminary plat.
B.
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.
C.
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.
D.
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.
E.
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.[1]
F.
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.
G.
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.
H.
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.
A.
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:
(1)
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.
(2)
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).
(3)
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.
(4)
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.
(5)
The approximate location, dimensions and area of all proposed or
existing lots.
(6)
The approximate location and dimensions of all property proposed
to be set aside for playground or park use.
(7)
The names of all property owners of record or the names of developments
within 500 feet.
(8)
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.
(9)
The date, source of the North point and scale.
(10)
Acreage of tract to be subdivided to nearest tenth of an acre.
(11)
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.
(12)
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.
(13)
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.
B.
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:
(1)
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.
(2)
Information to be shown on plat.
(a)
Plats shall show the following information:
[1]
Proposed subdivision name or identifying title which shall not
duplicate or too closely approximate that of any other development
in the town.
[2]
Date, source of the North point and scale.
[3]
Name, address and signature of the owner, subdivider and licensed
engineer or land surveyor.
[4]
Names of owners on record of abutting properties or developments.
[5]
Locations, names and widths of existing streets, highways and
easements, building lines, parks and other public properties.
[6]
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.
[7]
Lot areas in square feet.
[8]
Lot lines with accurate dimensions and bearings of angles.
[9]
Sufficient data to determine readily the location, bearing and
length of all lines, and to reproduce such lines upon the ground.
[10]
Radii of all curves and lengths of arcs.
[11]
Location, material and approximate size of all monuments.
[12]
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.
[13]
Acreage of tract to be subdivided to the nearest tenth of an
acre.
[14]
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.
(b)
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.
(3)
Construction detail sheets.
(a)
Construction detail sheets shall show the following information,
except that, where requirements have been waived, applicable specifications
may be omitted:
[1]
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.
[2]
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.
[3]
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.
(b)
All plans shall conform to the town minimum road specifications
and shall be subject to the approval of the Town Engineer.
A.
Streets.
(1)
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.
(2)
Where such is not shown in the Master Plan, the arrangement of streets
in a subdivision shall either:
(a)
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
(b)
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.
(3)
Streets shall be so laid out that their use by through traffic will
be discouraged.
(4)
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.
(5)
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.
(6)
Street jogs with center-line offsets of less than 125 feet shall
be avoided.
(7)
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
(8)
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.
(9)
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.
(10)
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.
B.
Lots.
(1)
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.
(2)
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.
(4)
Corner lots for residential use shall have extra width to permit
appropriate building setback from and orientation to both streets.
(5)
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.
C.
Public sites and open spaces.
(1)
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.
(2)
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.
D.
Required improvements.
(1)
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.
(2)
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.
(3)
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.
A.
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[1] or any other law or ordinance of the Town Colden.
B.
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.
