This chapter shall hereafter be known, cited and referred to as the "Town of Marilla Subdivision Law."
A. 
This chapter is adopted pursuant to the authority delegated to the Town of Marilla 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 Marilla to add a new provision governing the subdivision of land within the Town of Marilla 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, laws and regulations of the Town of Marilla.
D. 
Subdivisions of land as defined in this chapter shall only be permitted in the R-R Rural Residential, B Business and B-1 Restricted Business Districts of the Town of Marilla.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The provisions of this chapter shall be applicable in the Town of Marilla.
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.
A. 
It shall be the duty of the Town Code Enforcement Officer to enforce the provisions of this chapter.
B. 
Any person, firm, company, corporation, partnership, limited liability company or other entity that shall violate the provisions of this chapter shall be deemed to be in violation of the provisions of Article 16 of the Town Law and shall be subject to the penalties as set forth in § 268 of the Town Law, but the provisions of this section shall supersede the Town Law in that the maximum period of imprisonment hereunder shall be five months and not the six months set forth under § 268 of the Town Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
B. 
The provisions of this chapter shall supersede any prior inconsistent provisions of any local law, ordinance or resolution of the Town of Marilla. If a higher standard is imposed by any applicable law, ordinance, resolution, rule or regulation adopted by a higher level of government, the more restrictive or higher standard shall supersede these provisions. The Town reserves the right to impose additional future provisions by ordinance or resolution, which provisions may be more restrictive or impose a higher standard, which provisions shall be kept on file in the office of the Town Code Enforcement Officer of the Town of Marilla.
A. 
It is hereby declared to be the policy of the Town of Marilla 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 Comprehensive 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 provide an efficient transportation system conforming to the Town Highway Specifications[1] and shall be properly related to the policies of the 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 open spaces for parks and playgrounds.[2]
[1]
Editor's Note: See Ch. 623, Road Specifications.
[2]
Editor's Note: See also Ch. 377, Parks and Recreation Areas.
This chapter is 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 Comprehensive 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 ensure proper legal descriptions and monumenting of subdivided land.
F. 
To ensure 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 ensure appropriate development with regard to these natural features.
I. 
To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in Chapter 700, Zoning, of the Code of the Town of Marilla.