The Town Board of the Town of Cheektowaga, New York, finds that inappropriate realignment of creeks, ditches and waterways, encroachment of development onto creeks, ditches and waterways and containment of such creeks, ditches and waterways in conduits or pipes of insufficient capacity adversely affect the desirability of adjacent areas for development, cause erosion and stormwater damage to be sustained by existing homes, businesses and other improved property, create health and safety hazards due to occasional flooding and hinder maintenance operations. It is the intent of this chapter to prevent the harmful disposition of drainage systems, to protect and provide for the orderly development and maintenance of drainage systems and thus to promote the health, safety and general welfare of the community.
A. 
The location and boundaries of drainage systems in the Town of Cheektowaga, New York, outside the limits of the incorporated Villages of Sloan and Depew, are shown on an Official Map entitled "Official Drainage Systems Map for the Town of Cheektowaga, New York," which, with all explanatory matter thereon, is hereby adopted and incorporated into this chapter, and such Official Drainage Systems Map shall be as much a part of this chapter as if fully set forth and described herein.
B. 
The Official Drainage Systems Map consists of the following map sections, which are on file with the Town Clerk, and such additional or revised map sections as the Town Board may adopt in future action: southeast section of the Town of Cheektowaga, map sections A-2, A-3, A-4, A-5, B-1, B-2, B-3, B-4, B-5, C-2, C-3, C-4 and C-5; northeast section of the Town of Cheektowaga, map sections D-1, D-2, D-3, D-4, E-1, E-2, E-3 and E-4.
C. 
The Official Drainage Systems Map shall be final and conclusive with respect to drainage systems.
A. 
No subdivision of any parcel of land or lot or tract shall be effected, except in accordance with the provisions of this chapter.
B. 
No existing lot or lot of record shall be developed except in accordance with the provisions of this chapter.
C. 
Such parts of subdivision plans and site plans that involve realignment, alteration or containment in pipes or conduits of creeks, ditches and waterways shown on the Official Drainage Systems Map shall be prepared by a person or corporation licensed to practice engineering in the State of New York. This requirement does not preclude licensed land surveyors from doing such other work related to the preparation and submission of plans for realty subdivisions and site plans as is provided by the State Education Law. All realty subdivision plans and site plans shall also comply with applicable requirements of the New York State Department of Environmental Conservation, the United States Army Corps of Engineers, the Flood Damage Prevention Ordinance[1] of the Town of Cheektowaga, New York, and all other laws, rules and regulations appurtenant thereto.
[1]
Editor's Note: See Ch. 125, Flood Damage Prevention.
D. 
Subdivision plans and site plans shall be reviewed by the Town Engineer for compliance with this chapter prior to final plat approval or the issuance of a building permit.
E. 
Where indicated on the Official Drainage Systems Map, land shall be reserved for easements and dedicated rights-of-way to be acquired at a future date by the Town of Cheektowaga for the construction, improvement and maintenance of drainage systems. Such land may not be used for other purposes without the consent of the Town Board of the Town of Cheektowaga.
F. 
No owner, subdivider, developer or other person shall erect structures upon, contain in pipes or conduits or alter the banks and alignment or cause encroachment by placement of fill upon the stream bed or banks of any creek, ditch, waterway or watercourse shown on United States Geological Survey Maps, except by approval of the Town Board of the Town of Cheektowaga, New York, and subject to a public hearing. Any fill placed or construction effected in violation of this chapter shall be removed by the owner or owners of the parcel of land, and the stream bed and banks shall be restored to their original state.