No minor subdivision shall be given approval
and no major subdivision shall be given preliminary approval if the
land to be subdivided is subject to violations of the Town Code or
the New York State Uniform Fire Prevention and Building Code.
A.
Application. In addition to all other requirements
imposed by this chapter, all commercial and industrial subdivisions
shall comply with the requirements of this section.
B.
Street systems.
(1)
Traffic movements in and out of commercial and industrial
areas should not interfere with external traffic nor should they create
hazards for adjacent residential areas.
(2)
The design of streets, service drives and pedestrianways
should provide for safe and hazard-free internal circulation of truck
traffic, including provision for fire lanes where appropriate.
(3)
The points of ingress and egress shall be designed
so as not to require commercial or industrial truck traffic to pass
through residential areas insofar as possible.
C.
Block layout. Block layout shall conform, with due
consideration of site conditions, to the best possible service to
customers, traffic and parking circulation and pickup and delivery
services. In no case shall a block length be less than 600 feet.
D.
Size. Lot sizes shall be based on the following factors:
(1)
The total lot area shall be sufficient to provide
adequate space for off-street parking and loading.
(2)
The total lot area shall be sufficient to separate
potentially incompatible uses and allow for proper landscaping of
the site.
(3)
Whenever possible, commercial parcels should include
enough land to provide for a group of commercial establishments planned,
developed and operated as a unit.
[Added 7-7-2003 by L.L. No. 1-2003]
A.
This section is enacted pursuant to the authority
of Chapter 365 of the Laws of 1976, which added a new Subparagraph
(3) to Paragraph d of Subdivision 1 of § 10 of the Municipal
Home Rule Law authorizing towns to adopt a local law which amends
or supersedes any provision of the Town Law in relation to property,
affairs or government of the Town or in relation to any of the other
enumerated subject matters in such § 10 unless there is
a state legislative restriction on such amendment or supersession.
B.
In order to permit the Planning Board to expeditiously
process, review and determine applications for approval of minor subdivisions,
it is deemed advantageous by the Town Board of the Town of Liberty
to enact this section superseding Subdivision 3 of § 277
of the Town Law to provide authority to the Planning Board to waive
certain and limited dimensional requirements of the Town of Liberty
Zoning Law with respect to lots in residential minor subdivisions.
C.
Subdivision 3 of § 277 of the Town Law is
hereby superseded in its application to the Town of Liberty by amending
the same to read as follows:
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3. Compliance with zoning regulations. Lots
shown on subdivision plats shall at least comply with the requirements
of the Town of Liberty Zoning Law; subject, however, to the provisions
of § 278 of this article and subject, however, to the authority
hereby granted to the Town of Liberty Planning Board to waive, when
reasonable, with respect to subdivision plats for residential minor
subdivisions, the lot width and/or lot depth requirements provided
in the Town of Liberty Zoning Law.
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D.
Any waiver granted by the Planning Board may be subject
to such conditions as the Planning Board may determine reasonably
necessary to promote public health, safety and general welfare.
E.
This section shall not be construed as the exercise
by the Town Board of the Town of Liberty of its power to authorize
the Planning Board to approve cluster developments pursuant to § 278
of the Town Law.
