The official name of this chapter shall be the
"Town of Evans Subdivision of Land," hereinafter referred to as the
"subdivision regulations."
[Amended 12-15-1993 by L.L. No. 13-1993; 1-15-1997 by L.L. No. 1-1997]
A.Â
Authority. By the authority of Article 16 of the Town
Law of the State of New York and resolution of the Town Board, Town
of Evans, New York, the Town Board is empowered and authorized to
approve plats for land subdivision within the Town outside the limits
of the Incorporated Village of Angola. The provisions of this chapter
shall supersede in its application to the Town of Evans the provisions
of §§ 276 and 278 of the Town Law of the State of New
York, or any relevant provisions thereof, as may conflict with the
provisions of this chapter.
B.Â
Policy. It is declared to be the policy of the Planning
Board and Town Board to consider the subdivision of land and the subsequent
development of the subdivided plat as subject to control by the Town
for the orderly, planned, efficient, physical and economic development
of the town. This means, among other things, that 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, if such
exists, and shall be properly related to the proposals shown on the
Master Plan, if such exists, 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 open spaces
for parks and playgrounds.
C.Â
Purposes. These regulations are adopted to further
the foregoing policy and for the following purposes:
(1)Â
To protect and provide for the public health, safety
and general welfare of the town.
(2)Â
To guide the future growth and development of the
municipality, in accordance with the development plan of the Town
in general and the Master Plan from time to time adopted.
(3)Â
To protect the character of all parts of the Town
and to encourage the orderly and beneficial development of its parts.
(4)Â
To protect and conserve the value of land throughout
the municipality and the value of buildings and improvements upon
the land and to minimize the conflicts among the uses of land and
buildings.
(5)Â
To guide public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
parks, playgrounds, recreation and other public requirements and facilities.
(6)Â
To provide the most beneficial relationship between
the uses of land and buildings and the circulation of traffic throughout
the town, having particular regard for 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.
(7)Â
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 ensure proper legal descriptions and
monumenting of subdivided land.
(8)Â
To ensure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision.
(9)Â
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 Town in order to preserve the integrity, stability
and beauty of the community.
(10)Â
To preserve the natural beauty and topography of the
Town and to ensure appropriate development with regard to these natural
features.
The Planning Board of the Town of Evans has
been designated a recommending board to the Town Board.
A.Â
No plat of any subdivision shall be recorded in the
Erie County Clerk's office or have any validity until it shall have
been approved in the manner prescribed in these subdivision regulations
and is in full compliance with them.
B.Â
As of the effective date of these subdivision regulations,
construction related to any subdivision of land will not receive a
building permit until the subdivision meets all the requirements of
this chapter and receives all required approvals.
As used in this chapter, the following terms
shall have the meanings indicated:
Upon the prior written approval of the Code Enforcement Office,
the Planning Office and the Assessor’s Office to assure compliance
with the provisions hereof, the division of any parcel of land into
two parcels and the combination of a portion of the property so divided
with an adjoining parcel, provided that in consequence of such division
and combination no lot is created which conflicts with any provision
or portion of the Master Plan, Official Map or Zoning Local Law, if
such exists, and is not a subdivision as defined in § 1115
of the Public Health Law, or any amendment, renumbering or replacement
thereof and further provided that the property so augmented by such
addition and the property so diminished must be described in a deed
recorded in the Erie County Clerk’s Office showing the dimensions
of the lots so established.
[Added 12-14-2011 by L.L. No. 11-2011]
The owner of land proposed to be subdivided or any other
party in interest who shall submit the written consent of the owner.
The duly designated engineer of the Town or, if there is
no such official, the planning consultant or engineer employed by
or assigned to the Town Planning Board or a qualified engineer retained
by the Planning Board to work on a specific project.
A drawing prepared in a manner prescribed by local regulation
showing a proposed subdivision and containing, in such additional
detail as shall be provided by the Town of Evans, all information
required to appear on a preliminary plat and the modifications, if
any, required by the Planning Board at the time of approval of a preliminary
plat if such preliminary plat has been so approved.
[Added 12-15-1993 by L.L. No. 13-1993]
A legally described parcel of land conforming to Town zoning
ordinances at the date of adoption of said ordinances.
A comprehensive plan for the general physical development
of the Town of Evans prepared by the Planning Board pursuant to Town
Law, and includes any unit or part of such plan separately adopted
and any amendment to such plan or parts thereof.
The map which may be established by the Town Board under
Town Law showing streets, 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 Town Board and the subsequent filing of
such approved plats (possible revision).
The maps, drawings and charts showing the layout of a proposed
subdivision submitted to the Town Board for approval prior to submission
of the plat in final form and of sufficient detail to apprise the
Town and Planning Boards of the layout and improvements of such proposed
subdivision.
A process requiring the consideration of environmental factors
early in the planning stages of actions that are directly undertaken,
funded or approved by local, regional or state agencies. Initial assessment
of a proposed action shall determine whether the law or regulations
mandate that the "SEQRA" process be applied.
[Added 12-15-1993 by L.L. No. 13-1993]
A way for vehicular traffic, whether designated as a street,
highway or thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or however otherwise designated.
ARTERIAL STREETS AND HIGHWAYSThose used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and principal streets for circulation within such a development.
MINOR STREETSThose which are primarily for access to the abutting properties.
The division of any parcel of land as of the effective date
of this chapter into two or more lots, plots, sites or other divisions
of land for immediate or future sale or transfer or for building development
with or without the creation of one or more new streets, excluding
an annexation as defined in this chapter.
[Amended 12-15-1993 by L.L. No. 13-1993; 12-14-2011 by L.L. No. 11-2011]
A subdivision (as defined above) consisting of five lots
or more or a subdivision of two to four lots which includes the construction
of public improvements (waterline, sewer line, roads or drainage systems)
or any subdivision as defined in § 1115 of the Public Health
Law, or any amendment, renumbering or replacement thereof, or any
subdivision other than a minor subdivision as hereinafter defined,
or the development of a parcel of land on which it is intended that
a condominium or townhouse or apartment house or houses with an aggregate
of four or more dwelling units will be built.
[Amended 1-15-1997 by L.L. No. 1-1997]
A subdivision (as defined above) consisting of two to four
lots, and which does not involve the construction of any public improvements
(waterline, sewer line, roads or drainage systems) and which is fronting
on an existing street, and not in conflict with any provision or portion
of the Master Plan, Official Map or Zoning Local Law, if such exists,
or these provisions and which is not a subdivision as defined in § 1115
Public Health Law, or any amendment, renumbering or replacement thereof.
[Amended 1-15-1997 by L.L. No. 1-1997]
Chapter 200, Zoning (which includes the Official Map).
