The Town Board of the Town of Chili, in accordance
with §§ 276 through 279 and 281 of Article 16 of the
Town Law of the State of New York, and by resolution adopted on September
2, 1970, has assigned to the Planning Board the responsibility and
authority to review and approve, modify and approve, or disapprove
plans for land subdivision within the Town which show lots, blocks
or sites, with or without new streets or highways. Pursuant to the
above authority, the Town Board has prepared and adopted this subdivision
chapter setting forth standards to be followed in the preparation
and review of preliminary layouts and subdivision plats. By the same
authority, the Planning Board has the power and authority to pass
and approve the development of plats already filed in the office of
the Clerk of Monroe County if such plats are entirely or partially
undeveloped.
The purpose of establishing subdivision ordinances
is to provide for the orderly growth and development of the Town and
to afford adequate facilities for the housing, transportation, distribution,
comfort, convenience, health, safety and welfare of the Town's population.
This chapter establishes requirements for approval of subdivision
plats, including a description of maps and supporting materials which
the Planning Board requires to carry out its responsibilities under
this chapter. The review and approval procedures contained herein
are designed to safeguard the community and assure that the requirements
and standards for land subdivision contained herein are fulfilled
and that the public health, safety and welfare are protected.
In order that land may be subdivided in accordance
with this purpose, this chapter is hereby adopted and shall be known
and may be cited as the "Subdivision Ordinance of the Town of Chili."
Upon the approval of this chapter by the Town Board, subdivisions
within the Town of Chili shall be designed and submitted for approval
in compliance with the standards and procedures set forth herein.
It is declared to be the policy of the Planning
Board to consider land subdivisions as part of a plan for the orderly,
efficient and economical development of the Town and in a manner that
is reasonable and in the best interests of the community. The Planning
Board will be guided in its consideration of an application for the
subdivision of land by the following general requirements:
A.
Land must be buildable and free of hazard. The physical
characteristics of the land to be subdivided shall be such that it
can be used for building purposes without danger to health and safety
or peril from fire, flood or other menace. Proper provision shall
be made for drainage, water supply, sewage and other needed improvements.
B.
Natural and historic features shall be preserved.
Insofar as possible, all existing features of the landscape such as
large trees, rock outcrops, unusual glacial formations, water- and
flood courses, historic sites and other such irreplaceable assets
shall be preserved.
C.
Subdivision plans shall conform to the Town Master
Plan. Subdivisions shall conform to the streets, parks and other public
ways or spaces shown on the Official Map of the Town, if any. They
shall be in conformance with the Zoning Local Law,[1] except as provided for elsewhere by Town Law or this chapter
and shall be properly related to the Town Master Plan as it is developed
and used for guidance by the Planning Board, either with or without
formal adoption. The proposed street system shall be consistent with
the Official Map as it may be adopted by the Town Board. Streets shall
be of such layout and alignment as to safely and conveniently accommodate
the projected traffic, minimize environmental impact and to facilitate
fire protection. Park areas of suitable location, size and character
for playground or other recreational or open space purposes shall
be shown on the subdivision plat in proper cases and when required
by the Planning Board and the Town of Chili's Open Space Index.
Whenever access to a subdivision can be had
only across land in another municipality, the Planning Board may request
assurance from the Chili Town Attorney that access is legally established
and from the Chili Town Engineer that the access road is adequately
improved, or that a performance bond has been duly executed and is
sufficient in the amount to assure the construction of the access
road. In general, lot lines should be laid out so as not to cross
Town boundary lines.
[Amended 2-4-1998 by L.L. No. 1-1998]
For any resubdivision not governed by Article IV of the Subdivision of Land Chapter, the same procedure shall apply as for a major subdivision. If the proposed resubdivision consists solely of the simple alteration of lot lines, then normal subdivision procedures may be waived at the discretion of the Planning Board. A statement indicating such shall be part of the Board's record on the subdivision.
Where, due to topography or other conditions
especially affecting the land being subdivided, a literal enforcement
of this chapter would result in practical difficulty, unnecessary
hardship or a conflict with other requirements in such subdivision
deemed to be of greater benefit or importance, the Planning Board
may vary the application of this chapter in harmony with their general
purpose and intent. The approval of any such variance shall be deemed
to be included in the approval by the Planning Board of the subdivision
plat, and the Planning Board shall state in its minutes its reasons
for granting any such variances.
[Added 2-4-1998 by L.L. No. 1-1998]
Any subdivision which contains five or more
lots shall comply with Public Health Law § 1115 et seq.
and Environmental Conservation Law § 17-0501 et seq.
