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Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
The Planning Board of the Town of Pendleton, by virtue of the authority vested in it by law, does hereby exercise the power and authority to approve plats showing lots, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County and to approve preliminary and final plats within the Town of Pendleton.
This chapter shall hereafter be known, cited and referred to as the "Town of Pendleton Land Subdivision Regulations."
A. 
It is hereby declared to be the policy of the Town to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the municipality pursuant to the Comprehensive Plan of the municipality for the orderly, planned, efficient and economical development of the municipality.
B. 
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall impose a convenient system conforming to the Comprehensive Plan and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; and that provision may be made for open spaces, parks and playgrounds.
This chapter are adopted for the following purposes:
A. 
To protect and provide for the public health, safety and general welfare of the municipality.
B. 
To guide the future growth and development of the municipality, in accordance with the Comprehensive Plan.
C. 
To provide for adequate light, air and privacy, secure from fire, flood and other damage, and to prevent overcrowding of the land and undue congestion of the population.
D. 
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic improvements appropriate to the various uses of land and buildings and to provide for the proper location and width of streets and building lines.
E. 
To establish reasonable standards of design and procedures for subdivision and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
F. 
To ensure that public facilities are available and will have sufficient capacity to the proposed subdivision.
G. 
To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land.
H. 
To preserve the natural beauty of the municipality and to ensure appropriate development with regard to these natural features.
I. 
To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in Chapter 247, Zoning.
In their interpretation and application, the provisions of this chapter shall be held the minimum requirements for the promotion of the public health, safety, and general welfare.
A. 
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or Chapter 247, Zoning.
B. 
In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.