The policy of the Town of Porter is declared to be that the
Planning Board considers land subdivision plats as part of a plan
for the orderly, economic and efficient future growth and development
of the Town, consistent with its character and the continuing needs
of its people for enjoyable open space. The following objectives shall
guide the Planning Board's decisions as related to the public health,
safety and welfare:
A.
Proper provisions shall be made for drainage, water supply sewerage,
and other appropriate utility services in accordance with Town Law
and General Municipal Law.
B.
The proposed streets shall provide a safe, convenient, and functional
system for vehicular circulation; they shall be properly related to
the Comprehensive Plan.
C.
Streets shall be of such width, grade, and location as to accommodate
prospective traffic as determined by existing and probable future
land and building uses and shall meet all applicable Town standards
and, if appropriate, NYS Department of Transportation Standards.
D.
Where appropriate, sidewalks shall provide a safe, convenient and
functional system for pedestrian circulation.
E.
Buildings, lots, blocks, and streets shall be arranged to afford
adequate light, view, and air; to facilitate fire protection; and
to provide ample access for fire-fighting equipment to buildings.
F.
Adequate land is preserved for agricultural uses to preserve the
rural character of the community.
G.
Adequate sites and/or resources for parks, playgrounds and forever-green
areas shall be provided so that residents of all neighborhoods have
convenient and safe access to such facilities.
This chapter shall apply to all subdivisions within the Town
of Porter, New York, excluding the Village of Youngstown, and supersedes
earlier laws and amendments of the subdivision regulations in the
Town of Porter. The Town Board authorizes and empowers the Planning
Board of the Town of Porter to:
A.
Approve or disapprove subdivisions as prescribed by Town Law, Article
16, §§ 276 through 279, Public Health Law, Article
11, Title II, and Environmental Conservation Law, Article 17, Title
15.
B.
Approve plans for subdivisions of land.
C.
Approve or disapprove all plats or changes to plats showing lots,
blocks or sites with or without streets or highways.
A.
The provisions of this chapter, in their interpretation and application,
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
B.
This chapter is not intended to interfere with, abrogate, or annul
any other law, rule or regulation, statute or provision of law. Where
any of the provisions of these regulations impose restrictions different
from any other law, rule or regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control. This chapter, however, shall repeal and replace in
their entirety the Subdivision Regulations approved by the Town Board
on June 11, 1979, including all amendments thereto preceding the enactment
of this chapter as local law.
C.
If any part or provision of these regulations is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in application to the part or provision directly on which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this chapter or the application thereof to other
persons or circumstances. The Town hereby declares that it would have
enacted the remainder of these regulations even without such part
or provision or application.
This chapter shall take effect immediately on approval by the
Town Board. Whenever used in this chapter, the term "effective date"
shall mean November 8, 2010.
