Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
The official name of this Local Law and this document shall be "Town of Amherst Subdivision Regulations" hereinafter referred to as the "Subdivision Regulations" or "these Regulations."
The purpose of these Subdivision Regulations and the intent of the use of legislative authority is to provide for the future growth and development of the town and the affording of adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population by regulating the development of residential subdivision pursuant to the authority set forth in Town Law §  271 and §  276. The Town Board finds and determines that these subdivision regulations are necessary to protect and safeguard the Town of Amherst and its residents with respect to subdivision developments in the town which, once accepted, become a permanent unit in the basic physical structure of the community which the future community will of necessity be forced to adhere. It is the purpose of this law that all subdivision and platting of land shall be designed to achieve, among others, the following objectives:
1-2-1. 
To ensure orderly development and redevelopment of land to obtain harmonious and stable residential and nonresidential areas.
1-2-2. 
To ensure the design and installation of high-quality improvements and infrastructure in compliance with the specifications and standards established by the Town of Amherst, and the correct and complete recording of improvements.
1-2-3. 
To minimize ongoing costs of operating and replacing the Town's infrastructure.
1-2-4. 
To provide coordination of land development activities in accordance with the objectives of the Zoning Ordinance and the Comprehensive Plan.
1-2-5. 
To coordinate local subdivision actions with the requirements of county, state and federal statutes.
1-2-6. 
To provide safe and convenient vehicular and pedestrian circulation.
1-2-7. 
To require reservation of space for school, recreation, and other public use.
1-2-8. 
To ensure accurate preparation and recording of plats.
1-2-9. 
To ensure subdivision design mindful of avoiding, minimizing, or mitigating natural hazards and protecting natural resources.
This Local Law is enacted under the authority of subparagraphs (a)(12) and (d)(3) of the Municipal Home Rule Law §  10(1)(iii) and Municipal Home Rule Law §  22. It is the intent of this legislation to supercede the provisions of New York State Town Law dealing with subdivisions and the Highway Law in the following circumstances:
(a) 
Highway Law §  171(c) — Minimum right-of-way width of three rods.
(b) 
Town Law §  276(11) — Filing of final plat; expiration of approval.
(c) 
Town Law §  277(9)(a) — Furnishing performance bond.
(d) 
Town Law §  277(9)(b) — Security where plat is approved in sections.
1-4-1. 
The provisions of these Regulations shall be construed to be the minimum requirements necessary for the preservation of public health, safety, and welfare within the Town.
1-4-2. 
These regulations are not intended to repeal, abrogate, or supersede any existing regulation of the Town, nor to conflict with any statutes, laws, or regulations of the State of New York, or Erie County, except that these Regulations shall prevail in cases where they impose a lawful restriction or requirement more severe than existing statutes, laws, or regulations. The Town shall not enforce private deed or plat restrictions.
1-4-3. 
The Zoning Enforcement Officer shall be responsible for the interpretation of this Local Law.
[Amended 3-4-2019 by L.L. No. 7-2019]
By the authority of Article 16, §  276 of the Town Law of the State of New York and resolution of the Town Board of the Town of Amherst, Erie County, New York, dated [insert effective date],[1] the Planning Board of the Town of Amherst is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, and to approve preliminary plats, within that part of the Town of Amherst outside the limits of the Village of Williamsville.
[1]
So in original.
These Regulations shall govern all subdivision and resubdivision of land lying within the Town limits of the Town of Amherst outside the limits of the Village of Williamsville.
1-7-1. 
In accordance with Article 16, §  278 of the Town Law of the State of New York, no plat of any subdivision shall be recorded in the Erie County Clerk's Office or have any validity until it shall have been approved in the manner prescribed in these Regulations and is in full compliance with them.
1-7-2. 
No building permit or certificate of occupancy shall be issued for any parcel or plot of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these Regulations.
Should any section or provision of these Subdivision Regulations be declared invalid such decision shall not affect the validity of these Regulations as a whole, or any part thereof, other than the section or provision so declared to be invalid, nor shall the decision affect its application to different facts or circumstances.
1-9-1. 
Approval of the following procedures shall expire in accordance with the following table.
Application
Duration of Approval
Sketch Plan
2 years
Preliminary Plat
6 months
Final Plat
1 year
1-9-2. 
In the event that approval is revoked, the petitioner may resubmit a new plat subject to any new zoning or subdivision regulations.
1-9-3. 
Extension of the duration of approval may be granted by the Planning Board after determining that the plat remains in compliance with all applicable codes and regulations.
1-9-4. 
The subdivision regulations in effect at the time of preliminary plat approval shall be applied to all subsequent approvals required by these regulations in accordance with Part 4.