[HISTORY: Adopted by the Town Board of the Town of North
Collins 5-11-1977 by L.L. No. 1-1977 (Ch. 160 of the 1991 Code). Amendments
noted where applicable.]
[Amended 12-4-1991 by L.L. No. 2-1991]
Pursuant to § 276 of Article 16 of the Town Law and
further pursuant to a resolution of the Town Board of the Town of
North Collins, as amended, the Planning Board of the Town of North
Collins is authorized and empowered to approve plats showing lots,
blocks or sites with or without roads, streets or highways within
any part of the Town of North Collins and to pass and approve the
development of plats already filed in the office of the County Clerk
of the County of Erie if such plats are entirely or partially undeveloped.
In asserting its authority and power to approve such plats, the Planning
Board shall be deemed to possess all of the rights and powers to regulate
the subdivision of land in the Town of North Collins as stated in
Article 16 of the Town Law, including the establishment of Subdivision
Regulations for the Town of North Collins which enact the following
provisions.
A.
Whenever used in this chapter, the singular shall include the plural,
and vice versa. The word "shall" is mandatory.
B.
BLOCK
BUILDING LINE OR SETBACK
DWELLING UNIT
EASEMENT
FINAL PLAT FOR RECORD
FRONT LOT LINE
LOT
LOT LINES
MASTER PLAN
MINIMUM LOT AREA
MINIMUM LOT WIDTH
OFFICIAL MAP
OFFICIAL SUBMISSION DATE
PERSON
PLANNING BOARD or TOWN PLANNING BOARD
PRELIMINARY PLAN
PROPERTY DATA MAP
REAR LOT LINE
RIGHT-OF-WAY
RIGHT-OF-WAY WIDTH
SIDE LOT LINE
STREET
STREET PAVEMENT or PAVEMENT
SUBDIVIDER
SUBDIVISION
SUBDIVISION REGULATIONS or REGULATIONS
TOWN ATTORNEY
TOWN BOARD
TOWN ENGINEER
TOWN HIGHWAY SUPERINTENDENT
TOWN LAW
ZONING ORDINANCE
As used in this chapter, the following terms shall have the meanings
indicated:
An area bounded by streets.
The line within a property defining the required minimum
distance between any structure and the adjacent right-of-way.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
A right granted for the purpose of limited public or quasi-public
uses across private land.
The final map or drawing 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 of the County
of Erie for recording.
Where a lot abuts upon only one street, the street line shall
be the front lot line.
A plot or parcel of land which is or in the future may be
offered for sale, conveyance, transfer or improvement.
The property lines bounding the lot.
A comprehensive development plan for the Town of North Collins
prepared by the Planning Board pursuant to § 272-a of the
Town Law and adopted by the Town Board of the Town of North Collins
as a guide for future development. It includes recommendations for
physical development in the Town, including new roadways, extension
and realignment of existing roadways, general locations for future
parks and playgrounds and a floodplain area.[1]
The least amount of square footage with lot lines.
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building to be erected
on such lot.
The map established by the Town Board under § 270
of the Town Law showing the streets, roads, highways and parks heretofore
laid out, adopted and established by law, and any amendments thereto
adopted 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 with the County Clerk of the County
of Erie. "Official Map" may also refer to an Official Map of Erie
County, if any, adopted by the Board of Supervisors of Erie County
pursuant to law.
The date when a final plat for record shall be considered submitted to the Planning Board, pursuant to § 276 of the Town Law, is hereby defined to be the date of the meeting of the Planning Board at which the Planning Board declares and reflects in its minutes that the subdivider's submission is complete in all respects pursuant to the method of filing a final plat for record with the Planning Board as enumerated in § 220-6 of this chapter.
Every natural person, partnership, corporation, fiduciary,
association or other entity. Whenever used in any clause prescribing,
imposing or suggesting a penalty, the term "person," as applied to
any partnership or association, shall mean the partner or members
thereof, and as applied to any corporation, shall include the officers
thereof.
The duly appointed Planning Board of the Town of North Collins,
New York.
The preliminary drawing or drawings indicating the proposed
manner of layout of the subdivision to be submitted to the Planning
Board for its consideration and tentative approval.
A map showing all existing and planned conditions affecting
the property to be subdivided, required prior to the submission of
an application to the Planning Board for tentative approval of a preliminary
plan for subdivision.
Any lot line which is opposite and more or less parallel
with the front lot line.
Land reserved for use as a street, interior walk or for other
public purpose.
The distance between property lines that form a boundary
between a lot and land used for vehicular and pedestrian travel and
access to property.
Any lot line which is not a front lot line or a rear lot
line.
A strip of land, including the entire right-of-way, whether
dedicated or not, intended for use as a means of vehicular and pedestrian
traffic. "Street" shall be deemed to include avenue, boulevard, court,
expressway, roadway, lane, road and the like.
The wearing or exposed surface of the roadway used by vehicular
traffic.
Any person, firm, corporation, partnership or association
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof, as defined herein, either for himself or others.
A division of any part, parcel or area of land by the owner
or his agent into lots or parcels two or more in number for the purpose
of conveyance, transfer, improvement or sale, fronting on a new street,
road or way dedicated or intended to be dedicated to public use for
the use of purchasers or owners of lots fronting thereon. The term
"subdivision" includes resubdivision and, as appropriate, shall refer
to the process of subdividing land or to the land so subdivided.
[Amended 12-4-1991 by L.L. No. 2-1991]
Refers to the regulations and requirements governing the
subdivision of land in the Town of North Collins as herein promulgated.
The duly appointed Town Attorney or retained legal counsel
of the Town of North Collins, New York.
The duly elected Town Board of the Town of North Collins,
New York.
The duly appointed or retained professional engineer employed
by the Town of North Collins, New York.
The duly elected Highway Superintendent of the Town of North
Collins, New York.
The Town Law of the State of New York.
The officially adopted Zoning Ordinance of the Town of North
Collins, New York, together with any and all amendments thereto.[2]
The purpose of the Subdivision Regulations in the Town of North
Collins is to enable the Planning Board to implement its authority
and power to approve subdivision plats in the public interest, to
achieve the orderly, efficient and economical development of the Town
through subdivision, to promote development in accordance with the
Master Plan of the Town of North Collins and to promote and protect
the health, safety and welfare of the entire community.
No person or his agent shall sell, advertise for sale or in any way offer to sell any lot shown on any plat of a subdivision which requires final plat approval by the Planning Board until such final approval has been granted by the Planning Board and such approved subdivision is duly recorded in the office of the County Clerk of the County of Erie in a manner as prescribed by law. Any person or his agent found guilty of violating this provision shall be subject to penalties as provided in § 220-11 hereof, in addition to any other penalties prescribed by law.
[Amended 12-4-1991 by L.L. No. 2-1991]
A.
The subdivider shall pay a subdivision filing fee in the proper amount,
as determined from a schedule of fees as amended from time to time
by resolution of the Town Board,[1] prior to submitting his final plat for record to the Planning
Board for review, public hearing and Planning Board action thereon.
Such fee shall be in the form of a certified check payable to the
Town of North Collins and deposited with the Town Clerk. The purpose
of the subdivision filing fee is to help defray, wholly or in part,
the expense incurred by the Town for advertisement and professional
planning services rendered in reviewing the subdivider's various
submissions to the Planning Board in regard to compliance with the
Subdivision Regulations. Under certain conditions, the subdivider
may be obligated to additional costs and fees for inspection, professional
engineering services rendered to the Town and possible readvertisement
costs aside from the subdivision filing fees listed in the schedule.
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
B.
Each filing of a final plat for record, whether or not a final plat
for the same property has been filed previously, shall be subject
to the same requirements and fees as specified for filing of a final
plat for record.
The Planning Board hereby establishes procedures for the administration
of the Subdivision Regulations as they pertain to the manner in which
a subdivision will be considered for processing by the Planning Board.
The subdivider or his authorized agent will be expected to adhere
to the prescribed steps as follows:
A.
Step 1: Subdivider becomes familiar with rules. The subdivider obtains
a copy of the adopted and approved Subdivision Regulations of the
Town of North Collins. Copies of such regulations may be obtained
from the Town Clerk, together with all amendments thereto, at no cost.
The subdivider reads the Subdivision Regulations thoroughly and in
their entirety before proceeding further in the subdivision administration
process.
B.
Step 2: Subdivider's informal meeting with Planning Board. The
subdivider requests, in writing, an informal meeting with the Planning
Board to discuss the possible design of his proposed subdivision.
Included in this discussion are considerations involving requirements
for reservations of land, street improvements, sidewalks, drainage,
sewerage, water, fire protection, tree planting and similar aspects
as well as the availability of existing services. To this informal
meeting the subdivider brings two copies of the property data map,
as described in the Subdivision Regulations, and files said copies
with the Planning Board. The subdivider's request for such an
informal meeting is made to the Chairman of the Planning Board, except
during the months of July and August, unless regular meetings of the
Planning Board are scheduled in July and August. If the Planning Board
is in recess from its regularly scheduled meetings during July and
August, the Chairman may call a special meeting of the Planning Board
upon request of a subdivider, provided that a quorum of members of
the Planning Board is available for such special meeting.
C.
Step 3: Preparation of preliminary plan and request for tentative
approval.
(1)
In consideration of the discussion at the informal meeting, especially
as it pertains to site development requirements specified by the Planning
Board, the subdivider prepares a preliminary plan of his proposed
subdivision, as described in the Subdivision Regulations. The subdivider
then files with the Chairman of the Planning Board, or his designee,
together and at the same time and at least seven days prior to a regular
meeting of the Planning Board, the following to be considered by the
Planning Board at said regular meeting:
(a)
Four copies of the preliminary plan.
(b)
Such supplemental information as may be required by the Subdivision
Regulations or the Planning Board.
(c)
A written application for tentative approval of the preliminary
plan by the Planning Board on forms, if any, as prescribed by the
Planning Board and available from the Town Clerk.
(2)
If desired by the subdivider, upon his request approved by the Chairman of the Planning Board, the two meetings between the subdivider and the Planning Board as outlined in Subsections B and C may be combined at one regular meeting of the Planning Board with the provision that all documentation as prescribed and required in Subsections B and C are filed properly as stipulated and the timing of such filing as outlined in Subsections B and C is observed by the subdivider.
D.
Step 4: Action by Planning Board on preliminary plan.
(1)
The Planning Board does not approve, modify or disapprove the subdivider's
application for tentative approval of the preliminary plan at the
meeting when such application and plan are formally presented to and
filed with the Planning Board. The main purpose of said meeting is
to afford the subdivider an opportunity to discuss his preliminary
plan with the Planning Board in detail.
(2)
The Planning Board will carefully study the practicability of the
preliminary plan, taking into consideration the arrangement, location
and width of streets, their relation to the topography of the land,
water supply, sewage disposal, provision for storm drainage, lot sizes
and arrangement, the future development of adjoining lands as yet
unsubdivided and the requirements for community development as indicated
in the Master Plan, if any, of the Town of North Collins and the Official
Map of the Town of North Collins and/or the County of Erie.
(3)
A public hearing will be held, after publication of notice of the
hearing, within 62 days of receipt of the preliminary plat; and within
62 days after said hearing, the Planning Board will convene, either
at a regular or special session, and act on the application of the
subdivider by approving, modifying and approving or disapproving the
preliminary plan as submitted. It is at this point in the subdivision
administration process that the subdivider is notified, in writing,
by the Planning Board of any specific changes the Planning Board will
require in the preliminary plan and the character and extent of required
improvements and reservations which it will require as a prerequisite
to approval of the final plat for record (pursuant to the powers of
plat approval as stated in the Subdivision Regulations and the Town
Law, especially § 277 thereof). All actions of the Planning
Board in reviewing a preliminary plan and decisions reached by said
Board will be communicated, in writing, to the subdivider involved.
[Amended 12-4-1991 by L.L. No. 2-1991[1]]
(4)
Action by the Planning Board to approve a preliminary plan or action
to approve subject to modifications stipulated by the Board shall
constitute tentative approval of the preliminary plan, and the Town
Engineer and the Town Highway Superintendent shall be notified of
such Board action.
(5)
If the Planning Board disapproves an application for tentative approval
of a preliminary plan, it shall so state its reasons therefor, in
writing, to the subdivider and inform him of deficiencies which must
be resolved by the subdivider prior to his resubmission of an application
for tentative approval based on a revised preliminary plan.
E.
Step 5: Preparation of a final plat for record and utilities approval.
After the preliminary plan is approved or approved subject to modifications
by the Planning Board, the subdivider proceeds to prepare the final
plat for record, as described in the Subdivision Regulations, and
prepare all supporting documentation as required by the regulations
and the Planning Board. The subdivider informs the Erie County Health
Department that his proposed subdivision has received tentative approval
or tentative approval subject to modifications. The subdivider must
secure written approval from said Department for whatever system of
water supply and sanitary facilities the subdivider contemplates to
serve adequately his proposed subdivision. If water is to be supplied
from a public water district, the subdivider should receive the district's
written approval. If connection with a public sanitary sewer district
is contemplated, the subdivider should receive the district's
written approval.
F.
Step 6: Filing of final plat for record and action by the Planning
Board.
(1)
The subdivider has 12 months from the date of tentative approval
of the preliminary plan, with or without modifications, by the Planning
Board in which to file with the Planning Board a final plat for record;
otherwise the Planning Board's approval or approval subject to
modifications of the preliminary plan is null and void. If the subdivider
chooses, he may submit as a final plat for record only that portion
of the preliminary plan, as approved or approved subject to modifications
by the Planning Board, that the subdivider intends to have approved
and filed in the office of the County Clerk of the County of Erie.
(2)
When the subdivider has completed all of the requirements of the
Subdivision Regulations and the Planning Board prerequisite to filing
a final plat for record, he files the following together and at the
same time with the Chairman of the Planning Board, or his designee,
at least 14 days prior to a regular or special meeting of the Planning
Board at which said filing will be considered by the Planning Board:
(a)
Twelve copies of the final plat for record.
(b)
A written application for approval of the final plat for record
by the Planning Board on forms, if any, prescribed by the Planning
Board and available from the Town Clerk.
(c)
A written statement from the Town Clerk that all filing fees
payable as stated in the regulations have been paid in their entirety
to the Town of North Collins.
(d)
A written statement from the Erie County Health Department and
from public water and public sanitary sewer districts, if applicable,
approving the subdivider's proposed system of water and sanitary
facilities.
(e)
All supplemental information and documentation as required by
the regulations and all supplemental information and documentation
as required by the Planning Board at the time the Board granted tentative
approval, with or without modifications, of the preliminary plan.
(f)
A written statement from the subdivider indicating whether or
not the final plat for record complies in all respects with the preliminary
plan as tentatively approved by the Planning Board. The subdivider
should indicate specifically what changes, if any, were made in the
plat subsequent to tentative approval of the preliminary plan, other
than changes required by the regulations prior to submission of a
final plat for record.
(g)
A written statement from the subdivider listing the names and
known addresses of all land surveyors, engineers, lawyers and other
persons employed or retained by the subdivider to assist him in the
preparation of any map, plan, plat or other document pertaining to
a proposed subdivision filed with the Planning Board. If any such
person named is also employed, retained, elected or appointed to serve
the Town of North Collins, with or without remuneration, and is required
in any way to review, supervise, inspect, approve, pass upon or attest
to the acceptability of any such map, plan, plat or document so filed
in the subdivision review process or who must approve, inspect, supervise
or pass judgment on the installation of required improvements within
an approved final plat for record, including the construction of any
roadway or street to be offered for dedication, the Planning Board
shall require the employment of independent experts to advise the
Board as may be necessary and may also recommend to the Town Board
that it employ independent experts prior to the dedication and acceptance
of any roadway or street as a Town road or street. In such cases,
the entire expense of employment of such experts as may be required
by either the Planning Board or the Town Board, or both, shall be
borne by the subdivider.
(h)
A written statement from the Town Engineer or the Town Highway
Superintendent that all public improvements for a proposed subdivision,
including but not limited to roads, streets and sidewalks, as required
by the regulations and/or as required by the Planning Board have been
completed and are acceptable according to minimum standards, if any,
of the Town of North Collins for such improvements or a written statement
from the Town Attorney, or comparable legal counsel employed by the
Town, of the Town of North Collins, approved by the Town Board, attesting
to the adequacy in amount and proper form of a performance bond(s)
tendered by the subdivider to the Town to cover the total estimated
cost of such required improvements for the purpose of protecting and
indemnifying the Town of North Collins in case of default by the subdivider
in providing such required improvements in accordance with minimum
standards, if any, of the Town of North Collins.
(3)
Upon filing of the final plat for record and all required supplemental
data by the subdivider, the Planning Board checks the subdivider's
submission for completeness with the regulations and other requirements
as prescribed by the Planning Board. If in any way the subdivider's
filing is incomplete, the Planning Board will so note in its meeting
minutes and inform the subdivider, in writing, this his subdivision
is not officially submitted and what is required of the subdivider
to have his final plat for record submitted officially prior to the
Planning Board's scheduling of a public hearing thereon. If the
subdivider's submission is complete, the Planning Board notes
such in its meeting minutes by declaring the subdivider's filing
an official submission. The Planning Board proceeds to schedule a
public hearing thereon and so notifies the subdivider, in writing.
G.
Step 7: Public hearing on final plat for record. Pursuant to § 276
of the Town Law, the Planning Board holds a public hearing within
62 days after the Board has so declared the subdivider's filing
an official submission. Such public hearing is advertised in the Town's
official newspaper at least five days before such hearing.[2]
H.
Step 8: Planning Board action subsequent to public hearing. Pursuant
to § 276 of the Town Law, after the public hearing on the
subdivider's final plat for record, the Planning Board meets
within 62 days and either approves, approves with modification or
disapproves said plat. If said plat is disapproved, the Planning Board
states its reasons therefor in the minutes of said meeting and communicates
the same to the subdivider, in writing, along with a detailed listing
of deficiencies causing such disapproval which, if corrected and submitted
properly again to the Planning Board in accordance with its procedures,
including, if deemed necessary by legal counsel, another public hearing,
could result in the Planning Board's approval of a revised final
plat for record. If the final plat for record is approved by the Planning
Board, the Planning Board notes such approval in its minutes and affixes
its official approval stamp on 12 copies of the final plat for record.
The date of such approval is also placed on each of said copies, along
with the signature of the Chairman of the Planning Board or his designee.
Thereupon, the Planning Board returns three copies of said final plat
for record to the subdivider. No changes, erasures, modifications
or revisions shall be made in any final plat for record after approval
has been given by the Planning Board and such approval has been attested
by the Board's official stamp with signature and date on the
plat. In the event that any final plat for record, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Planning Board shall institute proper proceedings to have
said plat stricken from the records of the County Clerk.
[Amended 12-4-1991 by L.L. No. 2-1991[3]]
I.
Step 9: Filing of final plat for record with the County Clerk. Pursuant
to § 276 of the Town Law, the subdivider files the approved
final plat for record with the County Clerk of the County of Erie
in a manner as prescribed by law or pursuant to any additional procedures
of the County Clerk. Such filing is required to take place within
62 days after the Planning Board has officially approved a final plat
for record; otherwise such Planning Board approval shall expire.
[Amended 12-4-1991 by L.L. No. 2-1991[4]]
A.
General. The property data map, the preliminary plan and the final
plat for record shall be clearly and legibly drawn at a scale of 100
feet or less to one inch. Said map, plan and plat shall be on uniform-sized
sheets not larger than 36 by 48 inches. 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.
B.
Property data map. The following information shall be shown on the
property data map:
(1)
A key map or sketch showing the location and boundaries of the tract
proposed to be subdivided as related to existing roadways in the Town
of North Collins within one square mile of the subdivision site. This
can be done by a small insert at a reduced scale on the property data
map.
(2)
The name of the subdivider.
(3)
The name of the registered property owner.
(4)
The North point, scale and date.
(5)
The name of the engineer, architect, surveyor or other qualified
person responsible for the map.
(6)
Tract boundaries with bearings and distances.
(7)
The topography, with elevations based on datum approved by the Town
Engineer (United States Geologic Survey recommended) and showing contours
at vertical intervals of five feet.
(8)
The approximate location of watercourses, tree masses, rock outcrops
and existing buildings and the actual location of sewers, water mains,
easements, fire hydrants and existing or platted streets of record
and their established grades within the area proposed for subdivision
by the applicant and within 500 feet of the applicant's property.
(9)
The names of all adjoining property owners of record or the names
of adjoining developments within 500 feet of the applicant's
property.
C.
Preliminary plan. The preliminary plan shall indicate, in sketch
form on the property data map, the following information:
(1)
The proposed street layout, street names, lot lines and lot identification
numbers for all building lots. Lots shall show approximate dimensions,
and the area of each lot shall be calculated in square feet. If appropriate,
such listing of lot areas for each lot may be presented in tabular
form on a separate sheet(s) of paper 8 1/2 inches by 11 inches
in size, as long as such separate tabular sheet is secured firmly
to the preliminary plan map.
(2)
Streets shall indicate the proposed pavement and right-of-way widths,
approximate radii of curvature and approximate grades. As part of
the addenda to the preliminary plan, the Planning Board may require
the subdivider to prepare profiles showing existing ground surface
and proposed street grades, including extensions for a reasonable
distance beyond the limits of the proposed subdivision; typical cross-sections
of the proposed grading, roadway and sidewalk; and preliminary designs
of any bridges and culverts which may be required.
(3)
A preliminary plan of proposed water mains to connect with existing
public water supply or alternative means of water supply for the proposed
subdivision that the subdivider will request the Erie County Health
Department to approve.
(4)
A preliminary plan of proposed sanitary sewers, with grades and sizes
indicated, connecting with existing sanitary sewerage systems or alternative
means of treatment and disposal of sewage that the subdivider will
request the Erie County Health Department to approve.
(5)
A preliminary plan for collecting and discharging storm drainage.
(6)
When required by the Planning Board, the subdivider shall submit
data on subsoil conditions; including the location and results of
tests made to ascertain subsurface soil, rock and groundwater conditions.
Such submission, if required, would be part of the addenda to the
preliminary plan.
(7)
Sites, if any, to be reserved or dedicated for parks, playgrounds
or other public uses, including the calculated acreage thereof.
(8)
Sites, if any, for dwellings other than single-family dwellings,
shopping areas, industry, churches or other nonpublic uses.
(9)
As part of the addenda to the preliminary plan, a draft of any protective
covenants whereby the subdivider proposes to regulate land use in
the subdivision and otherwise protect the proposed development.
D.
Final plat for record.
(1)
The final plat for record shall indicate the following information:
(a)
The name and address of the subdivider and the owner in whose
name the plat is to be recorded.
(b)
The proposed subdivision name or identifying title, which shall
not duplicate or resemble too closely that of any other development
in North Collins.
(c)
The North point, scale and date.
(d)
The name and seal of a registered professional engineer or surveyor
or other qualified person.
(e)
Primary control points, approved by the Town Engineer, or ties
to such control points, to which all dimensions, angles, bearings
and similar engineering data on the plat shall be referred.
(f)
Boundaries, with distances, bearings and location of monuments.
Such dimensions shall be in feet and hundredths of a foot. The material
and approximate size of all monuments shall be stated. The location
of monuments indicating rights-of-way shall be shown on the plat at
intervals of not more than 500 feet. The subdivider shall supply and
install such monuments as shown on the plat with the approval of the
Town Engineer.
(g)
The location, names and widths of existing streets, roads, highways
and easements, building lines, parks and other public properties.
(h)
The location and width of all streets and sidewalks, together
with street names, and the location, dimensions and purpose of all
easements and other land divisions proposed by the subdivider.
(i)
Lot lines with accurate dimensions and bearings of angles.
(j)
Lot identification numbers and lot areas in square feet on each
lot or on a tabular sheet attached to the plat as an integral part
thereof.
(k)
Radii of all curves and lengths of arcs as approved by the Town
Engineer.
(l)
The accurate outline 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.
(m)
Building lines or street setback lines. The Planning Board shall
consider minimum frontage for a building lot at the building line.
(n)
The location and an outline of all existing structures to remain.
(o)
The location of all watercourses.
(p)
Unless waived by the Planning Board with the approval of the
Town's Engineer, the following information shall also be submitted
by the subdivider as addenda to the final plat for record:
[1]
Profiles showing existing and proposed elevations along the
center line 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
shall be shown.
[2]
Plans and profiles showing the location and a typical section
of street pavement, including curbs and gutters, sidewalks, manholes
and catch basins; the locations of street trees 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 or other underground utilities.
(2)
All plans shall conform to the Town minimum road specifications and
shall be subject to the approval of the Town's Engineer.
In considering an application for the subdivision of land in
the Town of North Collins, the Planning Board shall be guided by the
following considerations and standards:
A.
General. 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. Subdivisions shall conform
to the streets and parks shown on the Official Map, if any, of the
Town of North Collins and/or the Official Map, if any, of the County
of Erie. Subdivisions shall be properly related to the Master Plan,
if any, of the Town of North Collins as adopted by the Planning Board.
B.
Streets generally. Streets shall be logically related to the topography,
and all streets shall be arranged so as to obtain as many as possible
of the building lots or sites at or above the grades of the streets.
Grades of streets shall conform as closely as possible to the original
topography. A combination of steep grades and sharp curves shall be
avoided. Streets shall be suitably located, of sufficient width and
adequately improved to accommodate the prospective traffic and to
afford satisfactory access to police, fire-fighting, snow-removal
and other road-maintenance equipment and shall be coordinated into
a convenient system. Residential streets shall be so laid out as to
discourage through traffic.
C.
Street standards. Unless higher standards are prescribed by the Town
Board by ordinance or resolution establishing requirements and specifications
for the laying out and construction of streets, the following requirements
shall be observed by a subdivider in the street design within a subdivision:
D.
Blocks. Block width shall be at least twice the minimum lot depth,
calculated on the basis of minimum area and width requirements as
prescribed in these Subdivision Regulations or of the Zoning Ordinance,[1] if any, whichever may be more restrictive, but need not
exceed 400 feet. Block length shall be at least 400 feet but generally
not more than 12 times the minimum lot width. In long blocks, the
Planning Board may require the reservation through the block of a
twenty-foot easement to accommodate utilities or pedestrian traffic.
E.
Street intersections. Intersections with major trafficways, as delineated
in the Master Plan, if any, should be held to a minimum and preferably
be spaced at least 1,000 feet apart. 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°. Street jogs
and center-line offsets of less than 125 feet shall be avoided. Property
lines at street intersections shall be rounded with a radius of 10
feet or with a greater radius where the Planning Board may deem it
necessary. Curb radii at intersections shall not be less than 28 feet.
F.
Continuation of streets into adjacent property. The arrangement of
streets shall provide for the continuation of principal streets between
adjacent properties where such continuation is necessary for convenient
movement of traffic, effective fire protection, efficient provision
of utilities and particularly where such continuation is in accordance
with the Master Plan, if any. If the adjacent property is undeveloped
and a street must be a dead-end street temporarily, the right-of-way
therefor shall be extended to the property line. A temporary circular
turnaround of a minimum of 50 feet in radius shall be provided on
all temporary dead-end streets, with the notation on the plat that
land outside the street right-of-way shall revert to abutters whenever
the street is continued. The Planning Board may limit temporary dead-end
streets to a length not more than double the permitted length of permanent
dead-end streets.
G.
Permanent dead-end streets. Where a street does not extend to the
boundary of the subdivision and its continuation is not needed for
access to adjoining property, it shall be separated from such boundary
by a distance not less than the minimum lot depth prescribed in this
chapter or in the Zoning Ordinance,[2] if any, for the zoning district in which the street is
located, as calculated in respect to minimum area and width requirements
for such lot. In case of a discrepancy in the regulation of such minimum
distance between these Subdivision Regulations and the Zoning Ordinance,
if any, the Zoning Ordinance requirements shall prevail. Reserve strips
of land shall not be left between the end of a proposed street and
an adjacent piece of property. However, the Planning Board may require
the reservation of a twenty-foot-wide easement to accommodate pedestrian
traffic or utilities. In general, permanent dead-end streets shall
be limited in length to six times the minimum lot width for the zoning
district involved. A circular turnaround of a minimum right-of-way
radius of 65 feet shall be provided at the end of a permanent dead-end
street.
H.
Street names. All streets shall be named, and such names shall be
subject to the approval of the Planning Board. Names shall be sufficiently
different in sound and in spelling from other street names in the
Town of North Collins so as not to cause confusion. A street which
is a continuation of an existing street shall bear the same name.
I.
Street improvements.
(1)
On written request for waiver by the subdivider, approved by the Planning Board pursuant to § 220-9 of the regulations, the following requirements for street improvements may be waived; otherwise they shall apply. In taking action to waive such requirements, the Planning Board shall state its reasons therefor in the minutes of the Planning Board. In consideration of waiver of any of the street improvements otherwise required, the Planning Board may consider and cite the following: interest of the public health, safety and general welfare; existing ordinances or resolutions passed by the Town Board pertaining to the design and construction of streets or roads; Town Board policy; other methods available or currently in use in the Town of North Collins to provide such improvements; and minimum requirements for the approval of plats previously recorded. The Planning Board shall not waive, vary or modify these requirements when specifically prohibited from doing so by the regulations.
(2)
Streets shall be graded and improved with pavement, street signs,
sidewalks, streetlighting standards, curbs, gutters, water mains,
sanitary sewers, storm drains and fire hydrants. If placed in the
street right-of-way, underground utilities required by the Planning
Board shall be placed between the paved roadway and street line to
simplify location and repair of the lines. The subdivider shall install
underground service connections to the property line of each lot before
the street is paved. Such grading and improvements shall not be less
than the Town of North Collins' minimum road construction specifications
and shall be approved by the Town's Engineer.
(3)
In the interest of public safety, especially the safety of children
in development situations of an urban nature, the Planning Board shall
not cause a waiver, variation or modification of the following provisions
of the regulations concerning sidewalks:
(a)
Where sidewalks are required in any part of a subdivision for
building lots fronting on a new or proposed street, sidewalks shall
be required throughout the entire subdivision, regardless of any density
or lot frontage or lot width standards affecting the requirement of
sidewalks.
(b)
For all building lots, regardless of area contained therein,
fronting on a new or proposed street where such lots are designed
for residential usage and occupancy by two or more families per lot,
sidewalks shall be provided.
(c)
For all building lots fronting on a new street or proposed street,
which lots are designed and intended for single-family residential
usage and occupancy, whose minimum lot width is less than 100 feet,
measured at the building line, and whose minimum lot area is 20,000
square feet or whose lot width is more than 100 feet but whose lot
area is less than 20,000 square feet, sidewalks shall be provided.
J.
Lots. The arrangement of lots shall be such that there will be no
foreseeable difficulties in securing building permits to build on
all building lots designated in the subdivision and in providing access
to buildings on such lots from an approved street. Where a watercourse
separates the buildable area of a lot from the street intended to
provide access thereto, provision shall be made for installation of
a culvert or other structure of a design approved by the Town's
Engineer. Lot dimensions shall at least comply with the minimum standards
of these Subdivision Regulations or of the Zoning Ordinance,[3] whichever is more restrictive. Side lot lines shall be
at right angles to street lines, unless a variation from this rule
will provide a better street or lot plan. For the purpose of beautifying
the Town of North Collins and to provide comfort to the potential
residents of a subdivision, a shade tree shall be provided on each
building lot. Such shade tree may be an existing live shade tree or
a new live shade tree installed by the subdivider.
K.
Lot dimensions. Unless the Zoning Ordinance,[4] if any, would specify minimum lot dimensions for residential
developments concerning area, width, depth and yard requirements more
restrictive than the lot dimensions herein stated, which Zoning Ordinance's
lot dimensions would prevail in all plat submissions in North Collins
from the effective date of the adoption of said Zoning Ordinance,
the following minimum lot dimensions shall be observed in the design
of residential subdivision plats in the Town of North Collins:
(2)
Other than single-family residential developments. For proposed subdivision
plats wherein the intended lot usage is for other than single-family
residential purposes, minimum lot dimensions shall be prescribed by
the Planning Board prior to Planning Board review of a preliminary
plat for tentative approval.
L.
Parks and playgrounds. The Planning Board may require adequate, convenient
and suitable areas for parks and playgrounds or other recreational
purposes to be reserved on the subdivision plat but in no case more
than 10% of the gross area of any subdivision. Ownership shall be
clearly indicated on all reservations for parks and playground purposes,
and the area involved in such reservations shall be clearly marked
on the plat "reserved for park or playground purposes."
M.
Utility and drainage easements. Where topography or other conditions
are such as to make impractical the inclusion of utilities or drainage
facilities within street rights-of-way, perpetual unobstructed easements
at least 20 feet in width for such utilities shall be provided across
property outside such rights-of-way and with satisfactory access to
the street. Easements shall be indicated on the subdivision plat.
N.
Pedestrian access easements. Where it deems necessary, the Planning
Board may require, in order to facilitate pedestrian access from streets
to schools, parks, playgrounds or other nearby streets, perpetual
unobstructed easements at least 20 feet in width. Easements shall
be indicated on the subdivision plat.
O.
Self-imposed restrictions. The owner of the land included in a proposed
subdivision may place restrictions on the private development of lands
included therein greater than those imposed by the Zoning Ordinance,[5] if any. Such restrictions, if any, shall be indicated
on the final plat for record or as addenda thereto securely attached
to the final plat for record.
P.
Modifications of design standards. Unless otherwise prohibited by
the regulations, the Planning Board may modify the specified requirements
of this section of the regulations in any individual case where, in
the Board's judgment, such modification is in the public interest
or will avoid the imposition of unnecessary individual hardship. An
example of where such Board action might apply is in the design of
so-called "cluster developments."
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Planning Board may, by a unanimous vote of a quorum of its members present at any regular or special meeting, waive, vary or modify the application of the requirements of the regulations, with the exception of procedural provisions as stated in § 220-6, so that the spirit of the regulations shall be observed, public safety and welfare secured and substantial justice done. This section shall not be construed to permit such waiver, variation or modification of the regulations wherein such action by the Planning Board is specifically prohibited. In instances where the Planning Board waives, varies or modifies the application of the regulations, it shall so state its reasons therefor in the minutes of the meeting of the Planning Board.
[Added 12-4-1991 by L.L. No. 2-1991]
A.
Consideration shall be given to the allocation of areas suitably
located for community purposes as indicated on the general plan, and
such areas shall be made available by one of the following methods:
(1)
Reservation of land for the use of property owners by deed or covenant.
(2)
Reservation for acquisition by the Town within a reasonable period
of time. Said reservation shall be made in such manner as to provide
for a release of the land to the subdivider in the event that the
Town does not proceed with the purchase.
(3)
If the Planning Board determines that suitable park or parks of adequate
size cannot be properly located in the plat or are otherwise not practical,
the Board may require as a condition to approval of the plat a payment
to the Town of a sum to be determined by the Town Board, which sum
shall constitute a trust fund to be used by the Town exclusively for
neighborhood park, playground or recreational purposes, including
the acquisition of property.
B.
The Planning Board may require the reservation of such other areas
or sites of a character, extent and location suitable to the needs
of the Town as water plants, sewage treatment plants and other community
purposes not anticipated in the general plan.
[Amended 12-4-1991 by L.L. No. 2-1991]
Any person, corporation, partnership, association or other legal
entity who shall violate any of the provisions of this chapter or
any conditions imposed by a permit issued pursuant hereto shall be
guilty of a violation and subject to a fine of not more than $250
or 15 days' imprisonment, or both such fine and imprisonment.
Each day that such a violation continues to exist may further be declared
to be a separate and additional violation.
[Added 12-4-1991 by L.L. No. 2-1991]
No building permit, change of use permit, certificate of occupancy,
temporary certificate of occupancy, certificate of compliance, certificate
of completion or other authorization for any construction, reconstruction,
alteration or enlargement of a building, structure or use or for the
moving of a building or structure from one site to another shall be
issued and no variance or special permit shall be granted by the Zoning
Board of Appeals, the Town Board or the Planning Board and no site
plan shall be approved by the Planning Board unless the provisions
of this chapter and all other statutes, laws, ordinances, rules and
regulations affecting the property involved are fully complied with.
