The official name of this Local Law and this document shall
be "Town of Amherst Subdivision Regulations" hereinafter referred
to as the "Subdivision Regulations" or "these Regulations."
The purpose of these Subdivision Regulations and the intent
of the use of legislative authority is to provide for the future growth
and development of the town and the affording of adequate facilities
for the housing, transportation, distribution, comfort, convenience,
safety, health and welfare of its population by regulating the development
of residential subdivision pursuant to the authority set forth in
Town Law § 271 and § 276. The Town
Board finds and determines that these subdivision regulations are
necessary to protect and safeguard the Town of Amherst and its residents
with respect to subdivision developments in the town which, once accepted,
become a permanent unit in the basic physical structure of the community
which the future community will of necessity be forced to adhere.
It is the purpose of this law that all subdivision and platting of
land shall be designed to achieve, among others, the following objectives:
1-2-1.
To ensure orderly development and redevelopment of land to obtain
harmonious and stable residential and nonresidential areas.
1-2-2.
To ensure the design and installation of high-quality improvements
and infrastructure in compliance with the specifications and standards
established by the Town of Amherst, and the correct and complete recording
of improvements.
1-2-3.
To minimize ongoing costs of operating and replacing the Town's
infrastructure.
1-2-4.
To provide coordination of land development activities in accordance
with the objectives of the Zoning Ordinance and the Comprehensive
Plan.
1-2-5.
To coordinate local subdivision actions with the requirements
of county, state and federal statutes.
1-2-6.
To provide safe and convenient vehicular and pedestrian circulation.
1-2-7.
To require reservation of space for school, recreation, and
other public use.
1-2-8.
To ensure accurate preparation and recording of plats.
1-2-9.
To ensure subdivision design mindful of avoiding, minimizing,
or mitigating natural hazards and protecting natural resources.
This Local Law is enacted under the authority of subparagraphs
(a)(12) and (d)(3) of the Municipal Home Rule Law § 10(1)(iii)
and Municipal Home Rule Law § 22. It is the intent
of this legislation to supercede the provisions of New York State
Town Law dealing with subdivisions and the Highway Law in the following
circumstances:
(a) Highway Law § 171(c) — Minimum right-of-way
width of three rods.
(b) Town Law § 276(11) — Filing of final plat;
expiration of approval.
(c) Town Law § 277(9)(a) — Furnishing performance
bond.
(d) Town Law § 277(9)(b) — Security where plat
is approved in sections.
By the authority of Article 16, § 276 of the
Town Law of the State of New York and resolution of the Town Board
of the Town of Amherst, Erie County, New York, dated [insert effective
date], the Planning Board of the Town of Amherst is authorized
and empowered to approve plats showing lots, blocks or sites, with
or without streets or highways, and to approve preliminary plats,
within that part of the Town of Amherst outside the limits of the
Village of Williamsville.
These Regulations shall govern all subdivision and resubdivision
of land lying within the Town limits of the Town of Amherst outside
the limits of the Village of Williamsville.
Should any section or provision of these Subdivision Regulations
be declared invalid such decision shall not affect the validity of
these Regulations as a whole, or any part thereof, other than the
section or provision so declared to be invalid, nor shall the decision
affect its application to different facts or circumstances.