The Town Board of the Town of Alden, by virtue of the authority
vested in it by law, does hereby exercise the power and authority
to approve plats showing lots, blocks or sites, with or without streets
or highways, to approve the development of entirely or partially undeveloped
plats already filed in the office of the Clerk of the County and to
approve preliminary plats within that part to the Town of Alden outside
the limits of the Village of Alden.
These regulations shall hereafter be known, cited and referred
to as the Town of Alden "Land Subdivision Regulations."
A.
It is hereby declared to be the policy of the Town of Alden to consider
the subdivision of land and the subsequent development of the subdivided
plat as subject to the control of the municipality pursuant to the
official Master Plan of the municipality for the orderly, planned,
efficient, and economical development of the municipality.
B.
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; that proper provision shall be made
for drainage, water supply, sewerage and other needed improvements;
that 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;
that the proposed streets shall compose a convenient system conforming
to the Official Map, and 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 firefighting equipment to buildings; and
that proper provision shall be made for open spaces for parks and
playgrounds.
These regulations are adopted for the following purposes:
A.
To protect and provide for the public health, safety, and general
welfare of the municipality.
B.
To guide the future growth and development of the municipality, in
accordance with the Master Plan.
C.
To provide for adequate light, air, and privacy to secure from fire,
flood, and other damage, and to prevent overcrowding of the land and
undue congestion of population.
D.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the municipality,
having particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location and width of streets and building lines.
E.
To establish reasonable standards of design and procedures for subdivisions
and resubdivisions in order to further the orderly layout and use
of land; and to insure proper legal descriptions and monumenting of
subdivided land.
F.
To insure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
G.
To prevent the pollution of air, streams, and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and management of natural resources throughout
the municipality in order to preserve the integrity, stability, and
beauty of the community and the value of the land.
H.
To preserve the natural beauty and topography of the municipality
and to insure appropriate development with regard to these natural
features.
In their interpretation and application, the provisions of these
regulations shall be held to be the minimum requirements for the promotion
of the public health, safety, and general welfare.
A.
Where the Town Board finds that, due to the special circumstances
of a particular plat, the provisions of any or all of such required
improvements or requirements both procedural and otherwise as set
forth herein as in its judgment of the special circumstances of a
particular plat or plats is not requisite in the interest of the public
health, safety and general welfare or is inappropriate because of
inadequacy or lack of connecting facilities adjacent or in proximity
to the proposed subdivision, it may waive such improvements or requirements
subject to appropriate conditions, provided that such waiver will
not have the effect of nullifying the intent and purpose of the Official
Map, the Master Plan, or the Zoning Law.[1] No waiver allowed shall be in violation of any federal,
state or Town laws, rules or regulations.
B.
In granting waivers, the Town Board shall require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so waived.
Should any section or provision of the regulations contained
herein or as amended hereafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of the regulations as a whole or any part thereof other than the part
so declared to be invalid.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
A bond similar in nature to a performance bond, guaranteeing
the satisfactory operation of installed improvements for a stated
period.
A performance bond duly issued by a bonding or surety company
approved by the Town Board with security acceptable to the Town Board,
or alternately a performance bond acceptable to the Town Board duly
issued by the developer obligor accompanied by security in the form
of cash, certified check or U.S. Government bearer bonds deposited
with the Town Board guaranteeing complete installation of required
improvements.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
One of the physical changes to the land necessary to produce
usable and desirable building lots from undeveloped acreage, including,
but not limited to, installation of grading, pavement, curb, gutter,
storm sewers and drains, sidewalks, street signs, crosswalks, shade
trees, sodding or seeding, street name signs, monuments and betterments
to existing streets and watercourses.
A cloth-based medium with ink line drawing and lettering
on the surface. Original copies with India ink or copies with photographically
fixed images are acceptable. Alternate acceptable base media include
0.004M Mylar with surface. Copies using an ammonia process reproduction
technique are not acceptable as linens irregardless of the base medium
used.
A parcel of land intended for transfer of ownership or building
development, whether immediate or future.
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.
The division of a tract of land into four or less parcels within any
three-year period shall not constitute a major subdivision. The division
of a tract of land into more than four parcels within a period of
three years or less shall constitute a major subdivision.
A Comprehensive Plan, prepared by the Planning Board pursuant
to Section 272-a of the 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 Town and
includes any unit or part of such plan separately prepared and any
amendment to such plan or parts therein.
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 any portion of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, or Zoning Ordinance.[1]
The map established by the Town Board pursuant to Section
270 of the Town Law, showing streets and highways, both existing and
proposed.
The owner of the land proposed to be subdivided.
The wearing or exposed surface of the roadway used by vehicular
traffic.
[Amended 4-16-2018]
The Planning Board of the Town of Alden.
A drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in Article IV, § A374-26, of these regulations, submitted to the Planning Board for approval 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.
A strip of land between property lines opened for use as
a street or crosswalk.
Includes streets, roads, avenues, lanes, places, or other
traffic ways within rights-of-way.
PLACEA short street, cul-de-sac, or court. The primary purpose of a place is to conduct traffic to and from dwelling units to other streets within the hierarchy of streets. Usually a place has no through-traffic and limited on-street parking.
LANEA short street or court occasionally connecting with other lanes and/or places. The primary purpose of a lane is to conduct traffic to and from dwelling units to other streets within the hierarchy.
SUBCOLLECTORConnects places and lanes, providing smooth traffic flow through the neighborhood to higher classifications of streets.
COLLECTORFunctions to conduct traffic between major arterial streets and/or activity centers. It is a principal traffic artery within residential areas and carries relatively high volume. A collector has potential for sustaining minor retail or other commercial establishments along its route which will influence the traffic flow.
ARTERIALThe major street in the hierarchy. It has high average daily traffic and is not intended to be a residential street. An arterial provides connections with major state and interstate roadways and has a high potential for the location of significant community facilities.
The width of right-of-way, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
The division of a single lot, tract or parcel of land, or
a part thereof, into two or more lots, tracts or parcels of land,
including changes in street lines or lot lines, for the purpose, whether
immediate or future, of transfer of ownership or of building development.
The term "subdivision" shall also include "resubdivision."
A drawing, 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, may
be duly filed or recorded by the applicant in the office of the County
Clerk or Register.
A person licensed as a land surveyor by the State of New
York.
The Town Board of the Town of Alden.
The duly designated engineer of the Town of Alden.
