This chapter shall be known as "Local Law No. 3 of the Year 1995," entitled the "Subdivision Law of the Town of Newstead."
A. 
This chapter is adopted pursuant to the authority delegated to the Town of Newstead under the Municipal Home Rule Law and Article 16 of the Town Law of the State of New York and empowered under § 276 of the Town Law and to promote good planning practice.
B. 
The purpose of this chapter is to amend the Code of the Town of Newstead to add a new provision governing the subdivision of land within the Town of Newstead outside of the village and to protect the public health, safety and general welfare while allowing for cost-saving efficiencies.
C. 
The provisions of this chapter shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions of other documents and laws and regulations of the Town of Newstead and shall be codified as Chapter 360 of the Code of the Town of Newstead.
D. 
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 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 Town's Comprehensive 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; and that proper provision shall be made for green spaces for parks and playgrounds.
A. 
The provisions of this chapter shall be applicable in the Town of Newstead, excluding the Village of Akron.
B. 
This chapter shall become effective upon filing with the office of the Secretary of State.
C. 
When necessary to further its purposes, this chapter shall be amended in accordance with the Municipal Home Rule Law and the Town Law.
The Town Board of the Town of Newstead shall adopt a fee schedule which may be amended from time to time. The current fee schedule shall be on file in the office of the Code Enforcement Officer of the Town of Newstead.
A. 
General enforcement.
(1) 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter and to bring to the attention of the Town Board any violations or lack of compliance herewith.
(2) 
Once a major subdivision has been proposed, and reviewed and approved by the Town, no lot within that proposed subdivision shall be transferred before the subdivision plat has been duly filed in the office of the Erie County Clerk.
(3) 
The subdivision of any lot or any parcel of land by the use of a metes and bounds description for the purpose of sale, transfer or lease with the intent of evading this chapter shall not be permitted.
B. 
Violations. Any transfer of property, subject to this chapter, by any person, firm, or corporation who fails to comply with or violates any of this chapter shall be guilty of an offense and subject to the penalties for that offense or offenses. No building permit shall be issued on any lot not approved in accordance with this chapter.
C. 
Penalties for offenses. Any transfer of property, subject to this chapter, by any person, firm, company or corporation that neglects or refuses to do any act required by this chapter shall be guilty of an offense and shall be subject to a fine as established by the Town Board not less than $100 nor greater than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment for each violation. Each week that such violation, disobedience, omission, neglect or refusal continues or arises shall be deemed a separate offense.
D. 
Civil enforcement. Appropriate actions and proceedings may be taken by law to prevent any violation of this chapter; to prevent unlawful construction; to recover damages; to restrain, correct or abate a violation; and to prevent illegal occupancy of a building structure or premises, and these remedies shall be in addition to the penalties described above. The Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.