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Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
A. 
Word usage. Whenever used in these regulations, the singular shall include the plural, and vice versa. The word "shall" is mandatory.
B. 
For the purpose of these regulations, the following words and terms are defined as used herein:
BLOCK
An area bounded by streets.
BUILDING LINE or SETBACK
The line within a property defining the required minimum distance between any structure and the adjacent right-of-way.
DWELLING UNIT
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
EASEMENT
A right granted for the purpose of limited public or quasi-public uses across private land.
FINAL PLAT FOR RECORD
The final map or drawing on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk of the County of Erie for recording.
FRONT LOT LINE
Where a lot abuts upon only one street, the street line shall be the "front lot line."
LOT
A plot or parcel of land which is, or in the future may be, offered for sale, conveyance, transfer or improvement.
LOT LINES
The property lines bounding the lot.
MASTER PLAN
A comprehensive development plan for the Village of North Collins prepared pursuant to the Village Law adopted by the Planning Board of the Village of North Collins as a guide for future development. It includes recommendations for physical development in the village, including new streets, extension and realignment of existing streets and general locations for future parks and playgrounds.
MINIMUM LOT AREA
The least amount of square footage within lot lines.
MINIMUM LOT WIDTH
The least horizontal distance across the lot between side lot lines, measured at the front of a main building to be erected on such lot.
OFFICIAL MAP
The map established by the Village Board pursuant to the Village Law, showing the streets, roads, highways and parks heretofore laid out, adopted and established by law, and any amendments thereto adopted by the Village Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats with the County Clerk of the County of Erie. "Official Map" may also refer to an Official Map of Erie County, if any, adopted by the Board of Supervisors of Erie County pursuant to law.
OFFICIAL SUBMISSION DATE
The date when a final plat for record shall be considered submitted to the Planning Board is hereby defined to be the date of the meeting of the Planning Board at which the Planning Board declares and reflects in its minutes that the subdivider's submission is complete in all respects pursuant to the method of filing a final plat for record with the Planning Board as enumerated in Article II of these regulations.
PERSON
Every natural person, partnership, corporation, fiduciary, association or other entity. Whenever used in any clause prescribing, imposing or suggesting a penalty, the term "person," as applied to any partnership or association, shall mean the partner or members thereof and, as applied to any corporation, shall include the officers thereof.
PLANNING BOARD or VILLAGE PLANNING BOARD
The duly appointed Planning Board of the Village of North Collins, New York.
PRELIMINARY PLAN
The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its consideration and tentative approval.
PROPERTY DATA MAP
A map showing all existing and planned conditions affecting the property to be subdivided, required prior to the submission of an application to the Planning Board for tentative approval of a preliminary plan for subdivision.
REAR LOT LINE
Any lot line which is opposite and more or less parallel to the front lot line.
RIGHT-OF-WAY
Land reserved for use as a street, interior walk or for other public purpose.
RIGHT-OF-WAY WIDTH
The distance between property lines that form a boundary between a lot and land used for vehicular and pedestrian travel and access to property.
SIDE LOT LINE
Any lot line which is not a front lot line or a rear lot line.
STREET
A strip of land, including the entire right-of-way, whether dedicated or not, intended for use as a means of vehicular and pedestrian traffic. "Street" shall be deemed to include avenue, boulevard, court, expressway, roadway, land, road and the like.
STREET PAVEMENT or PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
SUBDIVIDER
Any person, firm, corporation, partnership or association who or which shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others.
SUBDIVISION
A division of any part, parcel or area of land, by the owner or his agent, into lots or parcels three or more in number for the purpose of conveyance, transfer, improvement or sale, fronting on an existing roadway or wherein a new street, road or way is involved and dedicated or intended to be dedicated to public use, for the use of purchasers or owners of lots fronting thereon. The term "subdivision" includes resubdivision and, as appropriate, shall refer to the process of subdividing land or to the land so subdivided.
SUBDIVISION REGULATIONS or REGULATIONS
The regulations and requirements governing the subdivision of land in the Village of North Collins, as herein promulgated.
VILLAGE ATTORNEY
The duly appointed Village Attorney or retained legal counsel of the Village of North Collins, New York.
VILLAGE BOARD
The duly elected Village Board of Trustees of the Village of North Collins, New York.
VILLAGE ENGINEER
The duly appointed or retained professional engineer employed by the Village of North Collins, New York.
VILLAGE LAW
The Village Law of the State of New York.
ZONING ORDINANCE
The officially adopted Zoning Ordinance of the Village of North Collins, New York, together with any and all amendments thereto.[1]
[1]
Editor's Note: See Ch. 181, Zoning.
Pursuant to § 7-708 of Article 7 of the Village Law and further pursuant to a resolution of the Village Board of the Village of North Collins dated September 24, 1963, as amended, the Planning Board of the Village of North Collins is authorized and empowered to approve plats showing lots, blocks or sites with or without roads, streets or highways within any part of the Village of North Collins and to pass and approve the development of plats already filed in the office of the County Clerk of the County of Erie, if such plats are entirely or partially undeveloped. In asserting its authority and power to approve such plats, the Planning Board shall be deemed to possess all of the rights and powers to regulate the subdivision of land in the Village of North Collins as stated in Article 7 of the Village Law, including the establishment of subdivision regulations for the Village of North Collins which enact the following provisions.
Only the Village Board of Trustees has the authority to waive any requirements outlined in this chapter.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The date of approval of the subdivision regulations by the Village Board shall constitute the official date of enactment. The Village Board shall not take action to approve the subdivision regulations until an official public hearing has been held on the same by the Planning Board nor until the Planning Board has adopted the subdivision regulations.
The purpose of subdivision regulations in the Village of North Collins is to:
A. 
Enable the Planning Board to implement its authority and power to approve subdivision plats in the public interest.
B. 
Achieve the orderly, efficient and economical development of the village through subdivision.
C. 
Promote development in accordance with the Master Plan of the Village of North Collins.
D. 
Promote and protect the health, safety and welfare of the entire community.
No person or his agent shall sell, advertise for sale or in any way offer to sell any lot shown on any plat of a subdivision which requires final plat approval by the Planning Board until such final approval has been granted by the Planning Board and such approved subdivision is duly recorded in the office of the County Clerk of the County of Erie in a manner as prescribed by law. Any person or his agent found guilty of violating this provision shall be subject to penalties as prescribed by law.
A. 
The subdivider shall pay a subdivision filing fee in the proper amount as determined from the following schedule prior to submitting his final plat for record to the Planning Board for review, public hearing and Planning Board action thereon. Such fee shall be in the form of a certified check payable to the Village of North Collins and deposited with the Village Clerk. The purpose of the subdivision filing fee is to help defray, wholly or in part, the expense incurred by the village for advertisement and professional planning services rendered in reviewing the subdivider's various submissions to the Planning Board in regards to compliance with the subdivision regulations. Under certain conditions, the subdivider may be obligated to additional costs and fees for inspection, professional engineering services rendered to the village and possible readvertisement costs aside from the subdivision filing fees listed in the schedule.
B. 
Schedule of subdivision filing fees.
(1) 
Residential subdivisions designed for single-family occupancy:
(a) 
Thirty-five dollars minimum for plats containing 10 building lots or fewer.
(b) 
Two dollars per building lot for each lot in excess of 10, to and including 30 lots.
(c) 
One dollar per building lot for each lot over 30 lots.
(2) 
Residential subdivisions designed for two- or more family occupancy:
(a) 
Thirty-five dollars minimum for plats containing 10 dwelling units or fewer.
(b) 
Two dollars per dwelling unit for each dwelling unit in excess of 10, to and including 30 dwelling units.
(c) 
One dollar per dwelling unit for each dwelling unit over 30 dwelling units.
(3) 
Commercial and industrial subdivisions:
(a) 
One hundred dollars minimum for plats containing 10 acres or less.
(b) 
Three dollars per acre for each additional acre or fraction thereof over 10 acres.
C. 
Each filing of a final plat for record, whether or not a final plat for the same property has been filed previously, shall be subject to the same requirements and fees as specified for filing of a final plat for record.