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:
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.
