Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewiston 5-14-1973 by L.L. No. 3-1973 (Ch. 22A of the 1965 Code); amended in its entirety 3-8-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 19.
Uniform construction codes — See Ch. 130.
Drainage control and stormwater runoff — See Ch. 143.
Public improvements — See Ch. 256.
Water runoff  — See Ch. 340.
Zoning — See Ch. 360.
A. 
Title. This chapter may be cited as the "Lewiston Subdivision Regulations."
B. 
Legislative authority. This chapter is adopted under the authority of Article 16 of the Town Law of the State of New York.
As used in these regulations, the following terms shall be defined as follows:
ALLEY
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
BLOCK
An area bounded by streets.
CLEAR-SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.
DEDICATION
The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
EASEMENT
A right-of-way granted for limited use of private land for a public or quasi-public purpose.
ENGINEER, ARCHITECT or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
HALF OR PARTIAL STREET
A street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.
LOT
A tract or parcel of land intended for transfer of ownership, use or improvement.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
MASTER OR COMPREHENSIVE PLAN
A Comprehensive Plan, prepared by the Planning Board, pursuant to § 272-a of the New York State Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the municipality, and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
MINOR SUBDIVISION
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance.
OFFICIAL MAP
A map established and adopted by the Town Board under § 270 of the Town Law showing streets, highways, parks and drainage systems, theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the Town Board.
PAVEMENT
The portion of a street or alley intended for vehicular movement.
PLANNING BOARD
The Planning Board of the Town of Lewiston.
PLAN, SKETCH
An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision, as well as the name of its owner.
PLAT, FINAL
A drawing, map or chart in final form, showing a proposed subdivision containing all information or detail required by law and by these regulations, to be presented to the Planning Board for approval, and which, if approved, shall be duly filed or recorded by the applicant in the office of the County Clerk.
PLAT, PRELIMINARY
A drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic street and a minor street, and with vehicular access solely from the latter.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street from a vehicle located at any given point on the street.
STREET
A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation.
SUBDIVIDER
The owner, or authorized agent of the owner, of a subdivision.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, blocks, sites or other divisions of land for immediate or future sale or for a building development, with or without streets or highways; 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, shall not be considered a subdivision of land. The term "subdivision" also includes resubdivision of land previously divided or plotted into lots, sites or parcels and, as appropriate in these regulations, shall refer to the process of subdividing land or to the land subdivided.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TOWN
The Town of Lewiston, New York.
TOWN BOARD
The duly elected Town Board of the Town of Lewiston.
TOWN ENGINEER
The Town Engineer of the Town of Lewiston or such engineer designated as such by the Town.
By authority of the provisions of § 274-a of Article 16 of the New York State Town Law, the Planning Board is directed to study each plat for land subdivision within the Town and to recommend to the Town Board approval, approval with modifications or disapproval, in accordance with the procedure and standards hereinafter stated. Such recommendation shall be transmitted to the Town Board within 45 days after the preliminary plat has been referred to the Planning Board by the Town Board or after receipt of the application fee and sketch plan in the case of a minor subdivision. The Town Board shall not act upon the proposed subdivision until the Planning Board has reported or 45 days have elapsed. In case of a recommendation for disapproval, the Planning Board shall state the reasons for such recommendation.
A. 
Applicability.
(1) 
No subdivision of any lot, tract or parcel of land shall be effected, and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of these regulations.
(2) 
All plans for subdivision shall be submitted to the Planning Board for review and recommendations before they are acted upon by the Town Board.
(3) 
The provisions contained herein shall apply to all land within the Town of Lewiston exclusive of any incorporated Village and exclusive of any lands which are zoned and developed as a PUD or PRD pursuant to the provisions of Planned Unit and Planned Residential Development.
[Amended 6-18-1979 by L.L. No. 5-1979]
B. 
Policy. It is declared to be the policy of the Town Board and the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town of Lewiston. This means, among other things, that:
(1) 
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood or other menace.
(2) 
Proper provision shall be made for drainage, water supply, sewerage, other underground utilities, and other needed improvements.
(3) 
All proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties.
(4) 
The proposed streets shall compose a convenient system conforming to the Official Map, shall be properly related to the proposals shown on the Master Plan and shall be of such width, grade and location as to accommodate the prospective traffic to facilitate fire protection and to provide access of fire-fighting equipment to buildings.
(5) 
Proper provision shall be made for open spaces for parks and playgrounds.
Whenever any subdivision of land is proposed to be made, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures.
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Town Clerk, at least 10 days prior to the regular meeting of the Planning Board, three copies of a sketch plan of the proposed subdivision, for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
The subdivider, or his duly authorized representative, shall attend the next meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, stormwater management, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
[Amended 12-27-2007 by L.L. No. 3-2007]
(2) 
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations.
(a) 
If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 306-4C.
(b) 
If it is classified as a major subdivision, the subdivider shall then comply with the procedure outlined in § 306-4D and E, and other major subdivision provisions of these regulations.
C. 
Approval of minor subdivision.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1) 
Application fee. Within six months after classification of the sketch plan as a minor subdivision, the subdivider shall pay to the Town Clerk an application fee of $20 per lot. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification.
(2) 
SWPPP. If required for the proposed minor subdivision under Article II of Chapter 143 of the Town Code, the subdivider shall submit a stormwater pollution prevention plan (SWPPP), together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
(3) 
Planning Board recommendation. Upon receipt of the application fee, the Town Clerk shall so notify the Planning Board and the Planning Board shall, within 45 days thereafter, consider the proposed minor subdivision and make its recommendations to the Town Board to approve, modify and approve, or disapprove the proposed minor subdivision. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-4C(2) of this chapter, the Planning Board shall not recommend to approve the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. The Planning Board and/or the Town Board may require, however, when it is deemed necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the Planning Board should require that the proposed minor subdivision comply with all or some of the requirements specified for major subdivisions, it shall so state in its recommendation to the Town Board.
(4) 
Town Board decision. Upon receipt of the recommendation of the Planning Board, the Town Board shall, within 45 days thereafter, approve, modify and approve, or disapprove the proposed minor subdivision. Approval shall not be deemed final until the subdivider has complied with the provisions with respect to certification that any required public improvements have been completed or bond satisfactory to the Town Board has been posted in lieu thereof. If a stormwater pollution prevention plan was submitted pursuant to § 306-4C(2) of this chapter, the Town Board shall not approve the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code.
D. 
Approval of preliminary plat of major subdivision.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1) 
Submission of preliminary plat. Six copies of the preliminary plat shall be presented to the Town Clerk at least 10 days prior to a regular meeting of the Town Board. Two copies shall be referred by the Town Board to the Planning Board for study and consideration. The preliminary plat and supporting data shall comply with the provisions of § 306-7 of these regulations.
(2) 
Meeting with Planning Board. The subdivider, or his duly authorized representative, shall attend the next regularly scheduled meeting of the Planning Board for discussion and review of the preliminary plat.
(3) 
Modifications. Within 45 days after the meeting of the Planning Board at which the preliminary plat is reviewed, the Planning Board shall notify the subdivider of the changes and modifications, if any, which must be incorporated into the final plat before the Planning Board would consider recommending approval of the proposed subdivision.
(4) 
Planning Board review. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, stormwater management, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 360, Zoning.
(5) 
Planning Board recommendation. The Planning Board shall, within 60 days of its receipt of the preliminary plat, forward the plat to the Town Board with recommendations to approve, modify and approve, or disapprove the preliminary plat. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-7A(3)(c) of this chapter, the Planning Board shall not recommend approval of the preliminary plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. The recommendation of approval of the preliminary plat, subject to conditions, revisions and modifications as stipulated by the Planning Board, shall not constitute Town Board approval of the subdivision, but rather, the Town Board shall be the sole authority to grant such approval.
(6) 
Town Board decision. On receipt of the preliminary plat with recommendations of the Planning Board, or after a lapse of 90 days after the preliminary plat was received by the Planning Board, the Town Board will approve, modify or disapprove the plat. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-7A(3)(c) of this chapter, the Town Board shall not approve the preliminary plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. Approval of the preliminary plat shall constitute conditional approval of the subdivision by the Town Board.
E. 
Approval of final plat of major subdivision.
(1) 
Submission of final plat. The subdivider shall, within six months after the approval of the preliminary plat, file with the Town Board six copies for approval of the subdivision plat in final form. The final plat shall conform in all important respects with the preliminary plat as previously reviewed by the Planning Board and previously approved by the Town Board, and shall incorporate all modifications and revisions specified by the Town Board in its approval of the preliminary plat. Otherwise, the plat shall be considered as a revised preliminary plat. If the final plat is not submitted within six months after the approval of the preliminary plat, the Town Board may refuse to approve the final plat and require resubmission of the preliminary plat.
(2) 
Submission in sections. The Town Board may permit submission of the final plat in sections, each covering a portion of the entire proposed subdivision as shown on the preliminary plat, in accordance with an approved schedule.
(3) 
Application fee.
[Amended 4-14-1980 by L.L. No. 2-1980]
(a) 
All applications for final plat approval must be accompanied by a fee to cover the necessary engineering review fee and other expenses incurred by the Town in accordance with the following fee schedule:
Number of Lots in Proposed Subdivision
Application Fee
5 to 10
$300
Over 10 lots
$300 plus $10 per lot over 10 lots
(b) 
All application fees for apartment complexes, plazas, townhouses, condominiums and other construction will be determined following approval of the preliminary plat.
(c) 
Such fees are not refundable under any circumstances.
(4) 
Public hearing by the Town Board. Within 45 days after the submission of a final plat for consideration, the Town Board shall hold a public hearing on the plat. Notice of the hearing shall be advertised in a newspaper of general circulation in the municipality at least five days before such hearing.
(5) 
Action of Town Board. The Town Board shall act on each plat submitted within 45 days after a public hearing on the plat, unless the time is extended by mutual consent of the applicant and the Town Board. The Town Board, by resolution, shall either conditionally approve the plat, conditionally approve the plat with modifications, disapprove the plat or grant final approval to the plat and authorize the signing of the plat. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 306-7C(3)(j) of this chapter, the Town Board shall not act to approve the final plat or authorize the signing of the final plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. If the Town Board fails to act on a plat within 45 days after the public hearing, or within any extended time period agreed upon, the plat may be considered approved. Upon demand of the person submitting the plat, the Town Clerk shall issue a certificate as to the date of submission and the failure of the Town Board to take action, and that certificate is sufficient as evidence of approval.
[Amended 12-27-2007 by L.L. No. 3-2007]
(6) 
Town Board decision. The final plat and supporting data shall comply with the provisions of this chapter. Failure to do so shall be cause for tabling the plat for a period of not more than six months within which the subdivider must conform or begin the approval process anew.
(a) 
Conditional approval.
[1] 
If the Town Board conditionally approves a final plat, it shall empower a duly authorized officer of the Town to give final approval by signing the plat upon completion of any requirements stated in the resolution of conditional approval. Within five days of conditional approval, the Clerk of the Board shall:
[a] 
Certify the plat as conditionally approved, subject to any requirements stated in the resolution of conditional approval.
[b] 
File a copy of the plat in his office.
[c] 
Mail a certified copy of the plat to the person seeking approval, together with a certified statement of the requirements which must be completed before the plat may be signed as finally approved.
[2] 
Upon completion of those requirements, the duly authorized officer of the Town shall sign the plat.
[3] 
Conditional approval of a plat expires 180 days after the date of the resolution granting conditional approval, unless the requirements stated in that resolution have been certified as completed. However, if the Town Board finds an extension is warranted by the circumstances, the time for completion of those requirements may be extended by the Town Board for not more than two additional periods of 90 days each.
(b) 
Approval of sections. Before granting conditional or final approval to a plat, the Board may permit the plat to be divided into two or more sections. Each section must encompass at least 10% of the total number of lots shown on the plat. Conditional or final approval of the sections of a plat must be granted concurrently with conditional or final approval of the plat. If a plat has been divided into sections, the Town Board may, in its resolution of conditional or final approval, require compliance with conditions as are necessary to assure the orderly development of the plat before the sections of the plat are signed by the duly authorized officer of the Town.
(c) 
Final approval. Final approval of a plat, or a certificate of failure to act as provided for in Subsection E(5) of this section, expires 30 days after the approval or issuance of certificate, unless the plat or a section thereof has been filed and recorded in the office of the County Clerk. If only a section of the plat is filed with the County Clerk, the entire approved plat must be filed with the Town Clerk within 30 days of the filing of the section with the County Clerk, or the approval or the certificate of failure to act expires. The approval or certificate expires for any section not filed with the County Clerk before expiration of the exemption period to which the plat is entitled under § 265-a of the Town Law.
(7) 
Alteration after approval. No changes, erasures, modifications or revisions shall be made in any final subdivision plat after approval has been given by the Town Board and endorsed in writing on the final plat, unless the said final plat is first resubmitted to the Town Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
(8) 
Filing of final plat. Upon completion of the requirements above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the Town Clerk and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved, or considered approved by reasons of failure of the Town Board to act, shall become null and void, unless the particular circumstances of said applicant warrant the Town Board to grant an extension which shall not exceed two additional periods of 90 days.
[Amended 12-27-2007 by L.L. No. 3-2007]
The design standards listed below shall be incorporated in all proposed subdivision plans and plats. The design and construction of all subdivisions shall comply with any stormwater pollution prevention plan submitted by the subdivider and approved by the Town.
A. 
Land requirements. Land shall be suited to the purposes for which it is to be subdivided and be of such character that it can be used safely without danger to health or peril from flood, fire or other menace.
B. 
Street system layout.
(1) 
The location of all major streets in the proposed subdivision shall conform in general alignment to the Master Plan and to the Official Map, if any. Street right-of-way widths shall be as shown in the Master Plan and where not shown thereon shall be not less than as follows:
Street Type
Minimum Right-of-Way Width
(feet)
Major
100
Collector
85
Minor or local
66
(2) 
The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding areas, unless the Planning Board deems such extension undesirable for specific reasons of topography or design.
(3) 
Streets shall be logically related to the topography to produce usable lots and reasonable grades.
(4) 
Minor streets shall be laid out to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.
(5) 
Adequate street rights-of-way shall be provided as necessary where lots in the proposed subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided.
(6) 
Where a subdivision abuts or contains an existing or proposed major traffic street, the Planning Board or Town Board may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street and separation of local and through traffic.
(7) 
New half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards contained herein and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.
(8) 
Wherever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated and plotted within such tract.
(9) 
Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts. A temporary turnaround shall be provided at the stub end of future streets. (This should not be confused with culs-de-sac, if such should be approved by the Town Board).
(10) 
Street grades.
(a) 
Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves and with not less than 200 feet between changes of grade:
Street Type
Maximum Grade
(percent)
Major
4%
Collector
6%
Minor or local
6%
(b) 
In order to facilitate drainage, no street grade shall be less than 0.4%, when possible, but in no event less than 0.3%.
(11) 
No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Town Board.
(12) 
Street intersections.
(a) 
Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 75°.
(b) 
Multiple intersections involving a junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.
(c) 
A clear-sight triangle of 30 feet measured along street lot lines from their point of junction shall be provided at all intersections, and no building or other obstructions of any nature shall be permitted within such sight triangles.
(d) 
To the fullest extent possible, intersections with major traffic streets shall be located not less than 800 feet apart, measured from center line to center line.
(e) 
Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum of 125 feet between their center lines.
(f) 
Minimum curb radii at street intersections shall be 15 feet for intersections involving only minor streets, 25 feet for intersections involving other-type streets, or such greater radius as is suited to the specific intersection.
(g) 
Where a subdivision abuts or contains an existing street or inadequate right-of-way width, additional right-of-way width in conformance with the Master Plan will be required.
(h) 
Where the grade of any street at the approach to an intersection exceeds 3%, a leveling area shall be provided having not greater than 3% grades for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.
C. 
Lots and lot sizes.
(1) 
Lot sizes and dimensions shall be in accordance with the Master Plan under the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 360, Zoning.
(2) 
Where either or both water supply and sanitary sewage disposal are provided by individual on-lot facilities and evidence indicates that the requirements of the Zoning Ordinance are not adequate, the Town Board may require tests in accordance with the rules and regulations of the State Department of Health, undertaken at the expense of the developer, to determine the adequacy of the proposed lot size and existing grade and soil conditions. In all such cases where the tests indicate a large lot size to be necessary, the Town Board may employ the services of a registered and qualified independent sanitary engineer for advice as to the minimum lot size and/or facilities necessary to prevent unsanitary conditions and hazards to the public health. In such cases, the cost of retaining the services of a qualified engineer shall be borne by the developer.
(3) 
Where subdivisions are proposed to be served by either or both on-lot sanitary sewage disposal and water supply facilities, the lot area and dimensions required to prevent health hazards shall be subject to individual review and determination by the Town Board, the Planning Board, the New York State Department of Health and/or the Niagara County Board of Health.
(4) 
All lots shall front upon a public street.
(5) 
The ratio of the depth of any lot to its width shall not be greater than 2 1/2:1, except as may be specified in the Zoning Ordinance.
(6) 
Side lot lines shall be substantially at right angles or radial to street lines.
(7) 
If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots or dedicated to public use, if acceptable to the municipality.
(8) 
Double frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets.
(9) 
The depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and loading as required by the provisions of the Zoning Ordinance[2] Buffer zones having a minimum width of 100 feet, adequately landscaped, are to be provided between differently zoned projects.
[2]
Editor's Note: See Ch. 360, Zoning.
D. 
Easements.
(1) 
Easements with a minimum width of 12 feet, plus the width of any required pipe or other improvement, shall be provided as necessary for utilities.
(2) 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
(3) 
Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as is required by Chapter 143 of the Code of the Town of Lewiston, New York, and as will be adequate to preserve natural drainage.
E. 
Blocks.
(1) 
The length, width and shape of blocks shall be determined with due regard to the following:
(a) 
Provisions of adequate sites for buildings of the type proposed.
(b) 
Zoning requirements.
(c) 
Topography.
(d) 
Requirements for safe and convenient vehicular and pedestrian circulation.
(2) 
Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than 300 feet. In blocks exceeding 800 feet in length, the Town Board or Planning Board shall require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities.
(3) 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used.
(4) 
Pedestrian through walks shall be required to assist circulation or provide access to community facilities. Such crosswalks and sidewalks shall be installed in accordance with the Town of Lewiston General Specifications.[3]
[3]
Editor's Note: See Ch. 256, Public Improvements.
F. 
Parks and recreation. Parks and recreation areas are to be consistently acquired from all new subdivisions. Where recreation site fees are charged in lieu of land, such fees are to be set aside in a fund to be used for land acquisition or used for the acquisition or improvement, where practicable, of park or recreation areas. The dedication of 10% of the area of the land being subdivided will be required. A cash payment of $250 per lot may be required instead of dedication of land where a park or recreation area would be unsuitable or too small to be maintained effectively or the Town Master Plan or good planning judgment would not support the location of a recreation area. Such fee shall be paid to the Town Clerk prior to the approval of the final plat.
G. 
Storm drainage.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1) 
Except in accordance with a stormwater pollution prevention plan submitted by the subdivider and approved by the Town, lots shall be laid out and graded to provide positive drainage away from buildings.
(2) 
Storm sewers, culverts and related installations shall be provided as per plans approved by the Engineer. These systems and improvements shall be adequate to provide for all proper drainage of roofs, yards, paving and streets, to permit the unimpeded flow of natural watercourses, to ensure adequate drainage of all low points along the line of streets and to intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained. Notwithstanding the foregoing, storm sewers, culverts and related installations, and other drainage facilities shall comply with any stormwater pollution prevention plan submitted by the subdivider and approved by the Town.
(3) 
In the design of storm sewerage installations, special consideration shall be given to avoidance of problems which may arise from a concentration of stormwater runoff over adjacent properties.
H. 
Drainage improvement.
[Amended 12-27-2007 by L.L. No. 3-2007]
(1) 
The subdivider shall be required by the Planning Board and the Town Board to carry away, by pipe, any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width. Any such drainage facilities shall comply with any stormwater pollution prevention plan submitted by the subdivider and approved by the Town.
(2) 
A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Engineer shall approve the design and size of a facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by the Zoning Ordinance[4] in the watershed. Notwithstanding the foregoing, for all subdivisions subject to the regulation under Article II of Chapter 143 of the Town Code, the design and size of drainage facilities shall be determined in accordance with the technical standards set forth therein, but shall in no case be based on anticipated runoff from a storm frequency more frequent than a ten-year storm.
[4]
Editor's Note: See Ch. 360, Zoning.
(3) 
The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, or such other storm frequency as may be required pursuant to Article II of Chapter 143 of the Town Code, the Planning Board shall notify the governing body of such potential condition. In such case, the Planning Board shall not recommend approval of the subdivision until provision has been made for the improvement of said condition.
(4) 
Land subject to flooding or land deemed by the Planning Board or the Town Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation, or improved in a manner satisfactory to the Planning Board and the Town Board to remedy said hazardous conditions.
(5) 
All drainage improvements shall be made in conformance with Chapter 143 of the Code of the Town of Lewiston, New York, and the Town of Lewiston General Specifications.[5]
[5]
Editor's Note: See Ch. 256, Public Improvements.
I. 
Subdivisions, including streets, shall be constructed in accordance with any stormwater pollution prevention plan submitted by the subdivider and approved by the Town.
[Added 12-27-2007 by L.L. No. 3-2007]
Minimum improvements and construction standards required of all subdivisions shall be as set forth in this section and the Town of Lewiston General Specifications and shall further be in accordance with the prevailing standards as established by the Town Board upon advice of the Planning Board and the Town Engineer. Alternate improvement standards may be permitted if the Town Board deems them equal or superior in performance characteristics to the specified improvements. Additional or higher-type improvements may be required in specific cases where the Town Board believes it necessary to create conditions essential to the health, safety, morals and general welfare of the citizens of the Town of Lewiston.
A. 
Monuments and markers. Monuments shall be placed so that the scored or marked point shall coincide exactly with the intersection of the lines to be marked, and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.
(1) 
Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. Monuments may be of the following two types:
(a) 
Cut stone, five inches by five inches by three feet long with a drill hole in the center.
(b) 
Concrete, five inches by five inches by three feet long with a one-half-inch-round brass pin in the center.
(2) 
Markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear, and at all angles in property lines of lots. At all corner lots, markers shall consist of steel bars at least 15 inches long and not less than 3/4 inch in diameter.
(3) 
A permanent bench mark shall be established referenced to United States Coast and Geodetic Survey and tied to the elevation shown on all plans, subject to approval of the Town Engineer.
B. 
Streets.
(1) 
Required improvements and construction standards shall be in accordance with the Town of Lewiston General Specifications.
(2) 
Streets (and alleys where provided) shall be graded, surfaced and improved to the grades and dimensions shown on plats, profiles and cross sections submitted by the subdivider and approved by the Town Engineer.
(3) 
Curbing in conformance with the Town of Lewiston General Specifications shall be provided for all subdivision streets.
C. 
Public water supply. Where the public water supply, in the opinion of the Town Board, is reasonably accessible, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. Where the public water supply is not within a reasonable distance, an alternate supply, approved by the State Department of Health, shall be furnished.
D. 
Public sanitary sewer system.
(1) 
Where the public sanitary sewer system, in the opinion of the Town Board, is reasonably accessible, sanitary sewers shall be installed to adequately serve all lots with connections to the public system. Where the lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall obtain approval of lot sizes from the Town Board. In addition, individual septic tanks and disposal fields and/or neighborhood disposal systems shall be approved by the Niagara County Health Department.
(2) 
Where the Town of Lewiston has a plan for constructing or extending the public sanitary sewer system into an area that is being subdivided and it is reasonably expected that the area will be served by the public system within a period of five years, capped sewers shall be installed to adequately serve all lots in the proposed subdivision.
E. 
Storm sewers. Storm sewers shall be required in all subdivisions and must be installed in accordance with Chapter 143 of the Code of the Town of Lewiston and the Town of Lewiston General Specifications.[1]
[1]
Editor's Note: See Ch. 256, Public Improvements.
F. 
Walks. Sidewalks and crosswalks shall be installed in all subdivisions in conformance with the Town of Lewiston General Specifications.[2]
[2]
Editor's Note: See Ch. 256, Public Improvements.
G. 
Other utilities. All electrical power and telephone utility lines shall be installed in easements provided for along the rear property lines. In all cases, these utility lines must be installed underground. In such event, easements for utilities placed underground may appear along rear property lines or within the street right-of-way or in easements adjacent thereto.
H. 
Other street improvements.
(1) 
Street signs, streetlighting and fire-alarm signal devices shall be provided at appropriate locations on all streets. The type, height and design shall be approved by the Town Board in accordance with the Town of Lewiston General Specifications.[3]
[3]
Editor's Note: See Ch. 256, Public Improvements.
(2) 
One tree, other than a poplar or willow, must be planted upon each subdivision lot five feet outside of the highway right-of-way on each new road and, where practical, each existing road. No tree may be planted within the highway right-of-way of any Town, County or state highway without first obtaining written permission from the appropriate Highway Superintendent, with approval of the Town Engineer.
I. 
Responsibility of subdivider. In all cases, the subdivider shall be responsible for the installation of all required improvements under supervision of the Town Engineer and in the manner specified below.
J. 
Method of providing improvements. No final plat shall be approved by the Town Board until assurance has been given for the proper installation of required improvements in either of the following ways:
(1) 
Performance bond. The subdivider shall post with the Town Board a certified check or bond made out to the Town of Lewiston in an amount sufficient to cover the full cost of installing the required improvements as estimated by the Town Engineer. In the case of a bond filed, it shall be with surety satisfactory to the Town Board, and the time for the completion of the improvements and installations shall be specified, such time to be satisfactory with the Town Board.
(2) 
Construction of improvements. The subdivider shall install the required improvements in accordance with the standards and specifications contained in this section as well as the Town of Lewiston General Specifications[4] and with the final plat submitted to the Town Board. The subdivider shall employ a licensed professional engineer to design and provide general supervision of the improvements to be installed. Such general supervision shall include the supervision of the necessary leakage and pressure tests that will ensure compliance with New York State water mains. The subdivider shall obtain a certificate from the Engineer stating that all improvements have been so installed in accordance with Town specifications.
[4]
Editor's Note: See Ch. 256, Public Improvements.
(3) 
Public improvement permit.
[Amended 8-8-2005 by L.L. No. 2-2005]
(a) 
Permit required; application; maps and surveys.
[1] 
No person, firm, association or corporation shall install, construct or perform any work incident to the installation and/or construction of any public improvement upon real property in the Town without first having obtained a permit.
[2] 
Application for public improvement permits must be received by the Town Clerk at least one week prior to a scheduled Town Board meeting for consideration at that meeting.
[3] 
These permits are to be issued by the Town Clerk, with the approval of the Town Board, after certification by the designated Town Officer that the plans and specifications, as submitted by the applicant, comply with the specifications and requirements of the Town, and by the Town Attorney that the bonds and other legal requirements are met.
[4] 
The applications for such permits shall be made on forms furnished by the Town. They shall contain such information as the designated Town Officer and the Engineer of the Town shall require to determine that the proposed improvement will conform to the specifications and requirements of the Town for such proposed improvement.
[5] 
All applications shall be accompanied by five complete sets of drawings (prints), previously approved, together with specifications of the proposed public improvement, prepared by a professional engineer duly licensed by the State of New York or a licensed land surveyor, under the provisions of § 7208 of the New York Education Law.
(b) 
Deposit and payment of fees.
[1] 
The fee for the public improvement permit is $100, paid by the developer to the Town of Lewiston.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2] 
Simultaneously with the filing of an application for a public improvement permit and development, and prior to the commencement of any construction of any buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, shall deposit with the Town Clerk a sum of money, the actual costs to be determined by the Town based on studies over several years, previous Town experience with public improvements, various surveys of other towns and general knowledge in the engineering and legal professions. The deposit shall be an amount necessary to pay the legal, inspection, and engineering costs of the project. Under no circumstances will the cost to the applicant or developer be more than the Town-Board-approved vouchered costs.
[3] 
Upon receipt and approval by the Town Board of an itemized voucher from an engineer and/or attorney rendered on behalf of the Town pertaining to the development, the Town Clerk shall cause such vouchers to be paid out of the monies so deposited and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town Board.
(c) 
Administrative, legal, engineering and inspection costs; work schedule; completion of improvement.
[1] 
All vouchers and charges to the developer or applicant must be reviewed and approved by the Town Board before the engineers are paid for the services rendered to the Town from the deposit provided by the developers under this public improvement subsection.
[2] 
The applicant shall be responsible for the actual cost of the project, which includes administration, legal, and engineering costs, and the costs of full-time inspection. No work will be permitted without a Town Inspector on site.
[3] 
The Town Board of the Town of Lewiston hereby adopts a cost schedule, which shall be set by resolution of the Town Board. This schedule shall be subject to further review and modification from time to time. The Town Engineer shall approve estimated construction.
[4] 
The developer is responsible for submitting to the Town an estimate of the number of days that will be required to complete the project. A normal workday will be considered to be eight hours. The developer will be required to deposit a sum of money equal to the total of the days, times eight hours, necessary to complete the project, multiplied by the inspection rate per hour set by the Town and agreed to by developer and Town. Administration costs will be agreed to prior to the start of work. Town expenses will be reimbursed to the Town and are the responsibility of the developer.
[5] 
A work time schedule will be agreed upon by the applicant and the Town Engineer. Contractors shall give at least 24 hours' notice to the Town Engineer before starting work, continuing work previously started but delayed for any reason or stoppage of work.
[6] 
The developer is responsible for depositing with the Town any additional funds required to complete the project if the project has not been completed within the time specified.
[7] 
Any deposit surplus shall be returned to the applicant; or, if there is a deficit, the applicant shall pay to the Town sufficient additional amounts to pay the actual total cost of inspections and engineering, administrative and legal costs incurred by the Town for the project.
[8] 
Before any more moneys are so placed in escrow, the person depositing the same shall acknowledge the terms of this subsection upon a form prescribed by the Town Board.
[9] 
The applicant shall provide any required easements or rights-of-way to the Town in a form acceptable to the Town Attorney for filing in the Niagara County Clerk's office.
[10] 
The applicant shall furnish certification of completion and waiver of all liens stating that all construction costs, including inspection costs and legal, administrative and engineering costs, have been paid.
[11] 
The fees charged by the engineers for inspections will be at the same rate the Town Engineers charge the Town for inspections and other related matters. There will be no variations in charges from the set approved rates charged to the Town for other engineering required by the Town.
[12] 
After five workdays, if the additional money needed to complete the project is not deposited, the Town may or will stop work on the project until the money is deposited.
[13] 
Upon completion of any public improvement, the applicant shall submit a record set of plans to the Town Engineer, signed by a licensed professional engineer in the State of New York. Upon receipt of such certification, the Town Engineer shall recommend approval or disapproval for acceptance for maintenance of the improvements by the Town.
(d) 
Insurance requirements. All applications for public improvement permits shall be accompanied by insurance documentation which specifically lists the Town of Lewiston as an additional insured on policies of general liability in the face amount no less than that which the Town carries for its own coverage.
(e) 
Failure to comply; forfeiture. In the event that the holder of the public improvement permit shall fail or refuse to comply with provisions of this article, the above bond shall be forfeited to the Town of Lewiston.
(f) 
Supervision of work; inspections.
[1] 
No work shall be performed except under the supervision and inspection of the Town Engineer or his designee.
[2] 
The applicant shall provide written notice to the Town Engineer of intent to proceed on the public improvement. The Town Engineer shall authorize the applicant to proceed only upon the Town Engineer's receipt of written verification that all permit requirements remain in effect and after a preconstruction meeting has been held.
[3] 
Upon completion of the work authorized by the public improvement permit application, the Town Engineer will provide the Town with:
[a] 
A certificate of construction compliance at completion of each permit.
[b] 
Sanitary sewer and water main test reports.
[c] 
Niagara County Health Department acceptance of installed facilities.
[d] 
Photocopies of inspectors' reports during construction.
[e] 
Two paper prints, one Mylar, and one electronic copy of the as-built condition of installed facilities, elevations, locations, etc., as provided by the developers' engineers.
[4] 
Upon receipt of the certificate of construction and as-built prints, a walk-through inspection will be conducted a minimum of one week prior to a regularly scheduled Board Meeting.
[5] 
At the next scheduled Town Board Meeting, the Town will accept the installed facilities upon:
[a] 
Town Engineer approval.
[b] 
Town departments' approval.
[c] 
Receipt of a two-year maintenance bond from the contractor covering installed facilities.
[d] 
Receipt of payment of all PIP fees.
[6] 
The Town Board will then authorize payment of any moneys remaining for inspection fees to the owner.
[7] 
Work under this permit shall be completed within one year from the date of permit issuance.
(g) 
Conditions of acceptance.
[1] 
Upon completion of any public improvement, the applicant shall submit a record set of plans to the Town Engineer, and two paper prints, one Mylar, and one electronic copy in AutoCAD format of the as-built condition of installed facilities, elevations, locations, etc., to the Town of Lewiston.
[2] 
The applicant shall provide any required easements or rights-of-way to the Town in a form acceptable to the Town Attorney for filing in the Niagara County Clerk's office by the applicant.
[3] 
Compliance with the provisions of this subsection shall be a condition precedent to the acceptance of any public improvement by the Town.
(4) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection J(4), Public improvement inspection fee schedule, was superseded 8-8-2005 by L.L. No. 2-2005. See now Subsection J(3).
(5) 
Maintenance bond. In submitting the final plat to the Town Board the subdivider shall submit a maintenance bond in the amount of 50% of the construction costs to guarantee the maintenance and repair of the streets in the subdivision for two years after construction thereof has been approved by the Engineer.
[Amended 8-12-2002 by L.L. No. 3-2002; 8-8-2005 by L.L. No. 2-2005]
A. 
Preliminary plat.
(1) 
Scale. The preliminary plat (six copies required) shall be at a scale of not more than 100 feet to the inch.
(2) 
Information. The preliminary plat shall show or be accompanied by the following information:
(a) 
Proposed subdivision name or identifying title.
(b) 
North point, scale and date.
(c) 
Name of the owner of the property.
(d) 
Name and stamp of the registered engineer, surveyor or architect responsible for the plat.
(e) 
Tract boundaries with bearing and distance.
(f) 
Ground elevations on the tract, based on a datum plan approved by the Town Engineer. For land that slopes less than 2%, show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than 100 feet apart in all directions. For land that slopes 2% or more, either show contours with an interval of not more than five feet if the ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet if the land slope is irregular or if more detailed data is necessary for preparing plans and construction drawings.
(g) 
Subsurface conditions on the tract, if required by the Town Board or Planning Board: location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater less than five feet below the surface; and location and results of soil percolation tests if individual sewage disposal systems are proposed.
(h) 
Other conditions on the tract: watercourses, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, houses, other buildings and other significant features.
(i) 
Other conditions on adjacent land: approximate direction and gradient of the ground slope, including any embankments or retaining walls: power lines or towers; owners of adjacent unplatted land; and subdivision plat names, recording date and number of adjacent platted land.
(j) 
All existing buildings, sewers, water mains, culverts, petroleum or petroleum product lines, fire hydrants and other utilities and other significant man-made features.
(k) 
All existing streets on or adjacent to the tract, including names, right-of-way widths, and pavement widths.
(l) 
All existing property lines, easements and rights-of-way and the purpose for which the easements of rights-of-way have been established.
(m) 
Location and width of all proposed streets, alleys, rights-of-way and easements; proposed lot lines with approximate dimensions; and playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.
(n) 
Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses, exclusive of single-family dwellings.
(o) 
The names of owners of all abutting unplatted land and the names of all abutting subdivisions.
(p) 
Where the preliminary plat covers only a part of the subdivider's entire holdings, a sketch shall be submitted of the prospective street layout for the remainder.
(q) 
Copies of the proposed deed restrictions, if any, shall be attached with the preliminary plat.
(r) 
Land title and survey; deed description according to official records; names and addresses of record owners; the map and date of the survey of the tract boundaries (including all pertinent bearings and distances) made and certified by a registered land surveyor, tied into established Town reference points and, where possible, related to the state system of plan coordinates established by Chapter 545 of the Laws of 1938;[1] and notations stating acreage, scale, North point, datum and bench marks, as established by townwide drainage study.
[1]
Editor's Note: See Unconsolidated Laws § 8401 et seq.
(s) 
Key plan at a scale of one inch equals 1,000 feet, showing locations, street layout and boundaries of the subdivision relative to the surrounding area.
(t) 
Proposed lot lines and lot numbers.
(3) 
Supplementary materials. Each preliminary plat submitted for approval must be accompanied by the following supplementary materials:
(a) 
When required by the Board, the preliminary plat should include the following. All elevations shall be based on a datum plan established by the comprehensive Town-wide drainage study.
[1] 
Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision.
[2] 
Typical cross sections of the proposed grading, roadway and sidewalk.
[3] 
Preliminary designs of any bridges and culverts which may be required.
[4] 
Preliminary plan of proposed water mains to connect with existing public water supply, or an alternative means of water supply approved by the County Health Department.
[5] 
Preliminary plan of proposed sanitary sewers, with grades and sizes indicated, connecting with existing sanitary sewerage systems, or alternative means of treatment and disposal approved by the County Health Department.
[6] 
Preliminary plan for collecting and discharging storm drainage.
(b) 
Draft of protective covenants to regulate land use in the subdivision and to otherwise protect the proposed development if the subdivider proposes to record such covenants.
(c) 
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications or disapprove the SWPPP pursuant to § 143-5B of the Town Code. The SWPPP shall comply with the requirements of Article II of Chapter 143 of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
B. 
Prerequisites to approval of final plats. Except as permitted under § 306-6J of this chapter, before final approval of a plat can be granted, the following must be completed:
(1) 
Public improvements.
(a) 
Each street or other public place shown on the plat must be suitably graded and paved.
(b) 
Street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, public utilities, water mains, fire-alarm signal devices (including necessary ducts, cables and other connecting devices), sanitary sewers, storm drains, curbs and sidewalks must be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments and in conformance to the Town of Lewiston General Specifications.[2]
[2]
Editor's Note: See Ch. 256, Public Improvements.
(2) 
Monuments. Suitable monuments must have been placed at block corners and other necessary points as required by the Board.
(3) 
Recreation. Except as permitted under Subsection B(4) of this section, any fee to the recreation development fund in lieu of parkland reservations must be made before the plat may be approved.
(4) 
Sections. If the Board has permitted the plat to be divided into sections, approval of the plat may be granted when the requirements of Subsection B(1), (2) and (3) of this section are met with respect to the first section of the plat to be filed with the County Clerk. However, no construction may begin in any other portion of the tract until the requirements of Subsection B(1), (2) and (3) of this section have been met with respect to the appropriate section of the plat and that section of the plat has been filed with the County Clerk.
C. 
Final plat.
(1) 
Size and legibility.
(a) 
The subdivision plat [six copies required] submitted for final approval shall be a clear, legible, white print or an ink drawing.
(b) 
Final plat shall be on linen or canvas-backed paper sheets not larger than 20 inches by 40 inches overall. It is recommended that, as far as practicable, final plat sheets be held to the following overall sizes: 20 inches by 20 inches and 20 inches by 40 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plats shall be drawn in two or more sections accompanied by a key diagram showing the relative location of the sections.
(2) 
Scale and information.
(a) 
The final plat shall be at a scale of not more than 100 feet to the inch, and shall include the following information:
[1] 
Subdivision name or identifying title.
[2] 
North point, scale and date.
[3] 
Primary control points, approved by the Town Engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat are referred.
[4] 
Name and address of the record owner and subdivider.
[5] 
Name and seal of the registered professional engineer or surveyor responsible for the plat.
[6] 
Boundaries of the tract.
[7] 
Street lines, lot lines, rights-of-way, easements and areas dedicated or proposed to be dedicated to public use.
[8] 
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line, and to reproduce such lines on the ground.
[9] 
The length of all straight lines, radii, lengths or curves and tangent bearings for each street.
[10] 
Purposes of any easements, other rights-of-way and sites, other than residential lots which are dedicated or reserved.
[11] 
The proposed building setback line for each street, or the proposed placement of each building.
[12] 
Location and width of all private driveways.
[13] 
Location, size and invert elevation of all sanitary and storm sewers, and the location of all manholes, inlets and culverts.
[14] 
All dimensions shall be shown in feet and in hundredths of a foot.
[15] 
Cross sections and profiles of streets, drains and sewers showing grades approved by the Town Engineer. The profiles must be drawn to standard scales and elevations and based on a datum plan supplied by the comprehensive Town-wide drainage study.
[16] 
Lot numbers.
[17] 
Names of streets within and adjacent to the subdivision.
[18] 
Permanent reference monuments shall be shown and specified by the Engineer.
[19] 
Certification by a registered land surveyor (with his name, address, New York State license number and seal) certifying to accuracy of survey and plat.
[20] 
Wherever practicable, the names of any adjoining subdivisions shall be shown.
[21] 
Wherever practicable, the names of the owners of any contiguous unplatted land shall be shown.
[22] 
Certificate of approval by the Niagara County Health Department.
[23] 
Certificate of dedication of streets and other public property.
[24] 
Certificate of approval by the Town Engineer.
[25] 
Certificate of approval by the Highway Superintendent.
[26] 
Certificate of approval by the Planning Board.
[27] 
Evidence of review by the Niagara County Planning Board.
[28] 
Certificate for approval by the Town Board.
(3) 
Accompanying documents. The final plat shall include thereon or be accompanied by:
(a) 
An affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.
(b) 
A statement duly acknowledged before an officer authorized to take acknowledgements of deeds and signed by the owner or owners of the property, to the effect that the subdivision as shown on the final plat is made with his or their free consent and that it is desired to record the same.
(c) 
Certification by the Engineer that the subdivider has met the requirements of this chapter.
(d) 
Certification by the Niagara County Health Department that water and sewage disposal has met its requirements.
(e) 
Typical cross sections, street profiles and drainage details for all streets. Such profiles shall show at least the following: the existing (natural) grade along the proposed street center line; the existing (natural) grade along each side of the proposed street right-of-way; the proposed finished center line grade or proposed finished grade at the top of curbs; the sanitary sewer mains and manholes; and the storm sewer mains, inlets, manholes and culverts.
(f) 
Protective covenants, if any, in form for recording, including covenants governing the maintenance of unceded public spaces or reservations, if such covenants are to be recorded.
(g) 
Offers of cession in a form certified as satisfactory by the Town of Lewiston Attorney of all land included in streets, highways or parks not specifically reserved by the subdivider. Approval of the final plat by the Town Board shall not constitute an acceptance by the Town of Lewiston of the dedication of any street, highway or park or another open public area.
(h) 
A statement by the Town Attorney approving the legal sufficiency of all offers of cession, of all covenants governing the maintenance of unceded public space or sewer districts and of any bond offered in lieu of the completion of required subdivision improvements.
(i) 
Other requirements. Such other certificates, affidavits, enforcement or other agreements as may be required by the Town Board in the enforcement of these regulations. In special cases where there are potential hazards of flooding or other hazards, in the opinion of the Town Engineer, the Town may require the services of an independent engineer or expert to recommend conditions under which the subdivision may be approved. The expense of such engineer or expert shall be borne by the subdivider.
(j) 
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications or disapprove the SWPPP pursuant to § 143-5B of the Town Code. Such SWPPP shall comply with the requirements of Article II of Chapter 143 of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
A. 
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Town Board shall have the power to vary or modify the application of any of the requirements herein relating to the use, layout and platting of land for subdivisions, so that the spirit of the regulations shall be observed, public safety and welfare secured and substantial justice done.
B. 
Applications for modifications and variances shall be submitted, in writing, by the subdivider at the time the preliminary plat or final plat is filed with the Town Board. The application shall state fully the grounds and all the facts relied upon by the applicant.
Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement of plan submitted and approved hereunder, shall be guilty of a Class A misdemeanor, as defined in the New York State Criminal Procedure Law, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed one year, or both. Each week's continued violation shall constitute a separate additional offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, constructor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such offense shall be guilty of a separate offense and, upon conviction thereof, shall be fined or penalized as herein provided.