In order that land may be subdivided in accordance
with this purpose, these rules and regulations are hereby adopted
and shall be known and may be cited as the "Subdivision Rules and
Regulations of the Town of Riga."
Upon the approval of these rules and regulations
by the Town Board, subdivisions within the Town of Riga, but outside
the limits of any incorporated village, shall be designed and submitted
for approval in compliance with the standards and procedures set forth
herein.
Where these rules and regulations impose greater
restrictions than are imposed by the provision of any law, ordinance,
regulation or private agreement, these rules and regulations shall
control. Where greater restrictions are imposed by any law, ordinance,
regulation or private agreement than are imposed by these rules and
regulations, such greater restrictions shall not be affected by these
rules and regulations.
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 Chapter
95, Zoning, 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 streets shall compose a convenient system conforming to the Official Map, as it may be adopted by the Town Board. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air 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.
Whenever access to a subdivision can be had
only across land in another municipality, the Planning Board may request
assurance from the Riga Town Attorney that access is legally established
and from the Riga Town Engineer that the access road is adequately
improved or that a letter of credit has been duly established and
is sufficient in 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.
A map for a resubdivision, as defined in §
81-14, may be approved by the Planning Board and its agents.
In the event of any conflict or inconsistency
between this chapter and the Design Criteria and Construction Specifications
for Land Development in the Town of Riga, it is the responsibility of the subdivider to bring such
alleged inconsistency or conflict to the Planning Board's attention,
in writing, for a decision, and its decision shall be final and binding.
Where the conditions imposed by any provision
of these rules and regulations are more restrictive than comparable
conditions imposed by any other provisions of these rules and regulations
or any other ordinance, resolution or regulation, the provisions which
are more restrictive shall govern.
In case of any violation or threatened violation
of any of the provisions of these rules and regulations or conditions
imposed by the Planning Board, in addition to the remedies herein
provided, the Town Board may institute any appropriate action or proceeding
to abate such violation or to prevent any illegal act conducted on
or about such premises.
Application and engineering review fees shall
be established by the Town Board. Applicants shall obtain applications
from the Planning Board Clerk.
Applications for subdivision development shall
comply with the New York State Freshwater Wetlands Law and the State
Environmental Quality Review Act (SEQR), where applicable.