[Amended 12-1-2010 by L.L. No. 4-2010]
This chapter is enacted pursuant to the authority
granted to the Town Board in Article 16 of the New York State Town
Law and § 10 of the Municipal Home Rule Law for the purpose of
providing for the future growth and development of the Town of Clarence
and affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population. By this chapter, the Town Board and Planning Board
are both authorized to approve site plans and preliminary and final
plats of subdivisions showing lots, blocks or sites, with or without
streets or highways, within the Town of Clarence. All applications
for major subdivisions shall first be reviewed by the Town Board.
If clustering is not required by the Town Board, then final approval
authority for major subdivisions and open area developments shall
be by the Planning Board. It shall be the sole discretion of the Town
Board to accept roads for public dedication. The Planning Board shall
identify, during the concept plan review process of any application
for subdivision, whether public roads are to be dedicated.
This chapter shall be known as "Local Law No. 5-2005, Chapter 193, the Subdivision Law of the Town of Clarence."
A.
In their interpretation and application, the provisions
of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. The regulations are not intended
to interfere with, abrogate or annul any other ordinance, rule or
regulation, statute or other provision of law. Where any provision
of these regulations imposes restrictions different from those imposed
by any other provision of these regulations or any other ordinance,
rule or regulation or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
(2)
Private provisions. These regulations are not intended
to abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of these regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern.
These regulations shall not be construed as
abating any action now pending under or by virtue of prior existing
subdivision regulations or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue or affecting the
liability of any person, firm or corporation or as waiving any right
of the Municipality under any section or provision existing at the
time of adoption of these regulations or as vacating or annulling
any rights obtained by any person, firm or corporation by lawful action
of the Municipality except as shall be expressly provided for in these
regulations.
In order that land may be subdivided in accordance
with these purposes and policy, these subdivision regulations are
hereby adopted.
A.
General enforcement.
(1)
The Town Board shall appoint appropriate Town officials
to enforce these regulations and to bring to the attention of the
Town Board and the Planning Board any violations or lack of compliance
herewith. Appropriate Town officials shall include but are not limited
to the following: Town Director of Community Development or designee,
Town Engineer or designee, Town Highway Superintendent or designee,
and Senior Building Inspector or designee.
[Amended 12-1-2010 by L.L. No. 4-2010]
(2)
Once a subdivision has been proposed, and reviewed
and approved by the Town, no lot within that proposed subdivision
shall be transferred or sold before the subdivision plan has been
duly filed in the office of the Erie County Clerk.
(3)
The subdivision of any lot or any parcel of land by
the use of a metes and bounds description for the purpose of sale,
transfer or lease with the intent of evading these regulations shall
not be permitted.
B.
Violations. Any person, firm, or corporation who fails
to comply with or violates any of these regulations shall be guilty
of an offense and subject to the penalties for that offense or offenses.
No building permit shall be issued on any lot not previously approved
by either the Town Board or Planning Board.
[Amended 12-1-2010 by L.L. No. 4-2010]
C.
Penalties for offenses. Any person, firm, company
or corporation that neglects or refuses to do any act required by
this chapter shall be guilty of an offense and shall be subject to
a fine not less than $100 nor greater than $250 or imprisonment for
not more than 15 days, or both such fine and imprisonment for each
violation. Each week that such violation, disobedience, omission,
neglect or refusal continues or arises shall be deemed a separate
offense.
D.
Civil enforcement. Appropriate actions and proceedings
may be taken by law to prevent any violation of these regulations;
to prevent unlawful construction; to recover damages; to restrain,
correct or abate a violation; and to prevent illegal occupancy of
a building structure or premises, and these remedies shall be in addition
to the penalties described above. The Town Board may institute any
appropriate action or proceeding to prevent and to restrain, correct
or abate such violation or to prevent any illegal act, conduct, business
or use in and about such premises.
[Amended 12-1-2010 by L.L. No. 4-2010]
Where either the Town Board or Planning Board
finds that because of unusual circumstances of shape, topography,
or other physical features of the subdivision tract, or because of
the nature of adjacent development, extraordinary hardships may result
from the strict compliance with these regulations, it may be recommended
by either the Town Board or Planning Board to vary such regulations.
If the Town Board does not recommend a variance on its own, such recommendation
shall be to the Town Board by the Planning Board. The Town Board may
authorize such variance via a supermajority vote. Such variance shall
only be considered so that substantial justice may be done and the
public interest is secured, provided that no such variation shall
be granted which will have the effect of nullifying the intent and
purpose of the adopted comprehensive Master Plan or of these regulations.
A.
Right to inspect. The Town Engineer, the Highway Superintendent,
the Code Enforcement Officer, a Planning Board member or other Town
officials designated by the Town Board shall have the right to enter
upon the property and premises of any business, in accordance with
law, to inspect for compliance with the provisions of this chapter.
Further, any applicant, upon being granted any approval requested
under the provisions of this chapter, grants to the Town of Clarence,
its officers or designated representatives a license to enter upon
the property and premises governed by said approval to determine that
the provisions of this chapter are being fulfilled and to require
such work to be done as may be necessary to meet the conditions of
said approval.
B.
Technical inspections. The Town Engineer, the Town
Highway Superintendent, or other Town representative or consultant
shall, as part of any approval granted under this chapter, have a
license to enter upon the property and premises governed by said approval
to make such technical inspections as the Town in its discretion considers
necessary to ensure compliance with the provisions of this chapter.
The provisions of Town Law § 265-a
shall apply for lots shown on an approved subdivision plat.
