Building construction — See Ch. 55.
Flood damage prevention — See Ch. 69.
Streets and sidewalks — See Ch. 101.
Zoning — See Ch. 120.
§ 104-1Retention of power; policy; title.
§ 104-3Approval required.
§ 104-4Sketch plan.
§ 104-6Preliminary plat.
§ 104-7Final plat for subdivision.
§ 104-8Required improvements and agreements.
§ 104-9Filing of approved plat.
§ 104-11Streets, parks and playgrounds.
§ 104-12Time for initiation of land sales
§ 104-13Development standards.
§ 104-14Improvements specifications.
§ 104-15Information required for sketch
§ 104-17Information required for preliminary
§ 104-18Information required for final
§ 104-19Variances and waivers.
§ 104-20Penalties for offenses.
The Town Board of the Town of Holland, pursuant to the provisions of Article 16 of the Town Law of the State of New York, does hereby retain the power to review plats showing lots, blocks or sites, with or without streets or highways, to review the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County of Erie and to approve conditional final plats within the Town of Holland.
It is declared to be the policy of the Town of Holland to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that 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 compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Comprehensive Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of firefighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds.
In order that land subdivision may be made in accordance with this policy, these regulations, which shall be known as and which may be cited as the "Town of Holland Land Subdivision Regulations," have been approved by the Town Board on May 9, 1973.
For the purpose of this chapter, certain words and terms used herein are defined as follows:
- COMPREHENSIVE PLAN OR COMPREHENSIVE MASTER PLAN
- A composite of the mapped and written proposals recommending the physical development of the Town, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various public works and reservations and for the general physical development of the Town, and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.
- CONDITIONAL APPROVAL OF A FINAL PLAT
- Conditional approval by the Town Board of a final plat subject to conditions set forth by the Town Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize the issuance of building permits prior to the signing of the plat by the Town Clerk and recording of the plat in the office of County Clerk or Registrar in accordance with the provisions of this chapter.
- A short street having but one end open to traffic and the other end being permanently terminated by a vehicular turnaround.
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
- The lands created through authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.
- FINAL PLAT
- A drawing prepared in the manner prescribed by this chapter, showing a proposed subdivision, containing, in such additional detail as required, all information required to appear on a preliminary plat and the modifications, if any, required by the Town Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved.
- FINAL PLAT APPROVAL
- The signing of a final plat by the Town Clerk of the Town of Holland after a resolution granting final approval to the plat or after conditions specified in the resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk or Registrar in the County in which said plat is located.
- A piece, parcel or plot of land intended as a unit for transfer of ownership or for development.
- OFFICIAL MAP
- The map, if any, established by the Town Board under § 270 of the Town Law, showing the streets, highways, parks and drainage systems heretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Town Board and the subsequent filing of such approved plats as provided for under § 278 of the Town Law.
- OFFICIAL SUBMISSION DATE
- The date when a subdivision plat shall be considered submitted to the Town Board, as provided in § 276 of the Town Law, and is hereby defined to be the date of a meeting of the Town Board at which all required surveys, plans and data described in §§ 104-15 through 104-18 are submitted.
- PERFORMANCE BOND OR GUARANTY
- Any security which may be accepted in lieu of a requirement that certain improvements be made before the Town Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
- PLANNING BOARD
- The Town of Holland Planning Board as established pursuant to the provisions of Article 16 of the Town Law.
- PRELIMINARY PLAT
- A drawing prepared in the manner prescribed by this chapter, showing the layout of a proposed subdivision, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at a suitable scale and in such detail as may be required.
- PRELIMINARY PLAT APPROVAL
- Approval by the Town Board of the layout of a proposed subdivision as set forth in the preliminary plat, but subject to approval of the plat in final form in accordance with the provisions of subdivision of this chapter.
- Revision of all or part of an existing filed plat, including consolidation of lots.
- SKETCH PLAN
- A sketch of a proposed subdivision showing information specified in § 104-4 of these regulations.
- Any street, avenue, boulevard, road, lane, parkway, alley
or other way which is an existing state, County or municipal roadway
or way shown upon a plat theretofore approved pursuant to law or approved
by official action, or a street or way on a plat duly filed and recorded
in the office of the County Clerk of Erie County prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking area and other areas within the street lines. For the purpose
of this chapter, streets shall be classified in accordance with the
Erie and Niagara Counties Regional Planning Board Trafficways Plan
and as indicated on the Town of Holland Comprehensive Plan.[Amended 6-8-1994 by L.L. No. 3-1994]
- STREET PAVEMENT
- The wearing or exposed surface of the roadway used by vehicular traffic.
- STREET WIDTH
- The distance between property lines or right-of-way lines.
- SUBDIVIDER; DEVELOPER
- Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof as defined herein, either for himself or others.
- Any tract of land which is divided into five or more parcels,
effective August 1, 1977, along any existing or proposed street(s),
highway(s), easement(s) or right(s)-of-way for sale or for rent as
residential lots or residential building plots, regardless of whether
the lots or plots to be sold or offered for sale or lease for any
period of time are described by metes or bounds or by reference to
a map or survey of the property or by any other method of description
and regardless of whether the lots or plots are contiguous. A tract
of land shall constitute a "subdivision" upon sale, rental or offer
for sale or lease of the fifth residential lot or residential building
plot therefrom within any consecutive three-year period, including
the first four parcels, regardless of whether said parcels have been
sold, rented or offered for sale either singly or collectively. The
word "tract" shall mean any body of land, including contiguous parcels
of land, under one ownership or under common control of any group
of persons acting in concert as part of a common scheme or plan. "Residential
building plot or lot" shall mean any parcel of land of five acres
or less, any point on the boundary line of which is less than 1/2
mile from any point on the boundary line of another such lot in the
same tract, unless any such lot may not legally be used for residential
purpose. Without limiting the generality of the foregoing, the term
"residential" shall include temporary, seasonal and permanent residential
use. "Subdivision" does not include any parcel of land acquired as
one parcel for the residential purposes as provided in the New York
Public Health Law § 1115-a.[Amended 4-8-1981; 7-13-1988 by L.L. No. 2-1988]
- SUBDIVISION PLAT OR FINAL PLAT
- A drawing, in final form, showing a proposed subdivision, containing all information or detail required by law and by this chapter, to be presented to the Town Board for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the Erie County Clerk.
- TOWN ENGINEER
- The duly designated Engineer of the Town of Holland.
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the procedures set forth in §§ 104-4 through 104-12.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Town Clerk of the Town Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 104-15, for the purposes of classification and preliminary discussion. The Town Board shall refer said sketch plan to the Planning Board for recommendation.
Discussion of requirements. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the application in the next submission to the Planning Board or Town Board.
Application and fee.
The subdivider shall submit a preliminary plat of the proposed subdivision, in the form described in § 104-17 hereof, for consideration. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 104-17 of this chapter.
The application for conditional approval of the preliminary plat shall be accompanied by a fee of $300 plus $50 per lot for each lot in the proposed subdivision. Application fees shall not be refundable.
Number of copies. Twelve copies of the preliminary plat shall be presented to the Secretary of the Planning Board at least 10 days prior to a regular monthly meeting of the Planning Board.
Subdivider to attend Planning Board meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board or Town Board to discuss the preliminary plat.
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan, Official Map and Zoning Regulations (Chapter 120), if such exist.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 104-17 of this chapter, has been filed with the Secretary of the Planning Board.
Within 45 days after receipt of such preliminary plat by the Clerk of the Town Board, the Town Board shall hold a public hearing which shall be advertised at least once in newspaper of general circulation in the Town at least five days before such hearing. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within 45 days after the date of such hearing, the Town Board shall approve with or without modification or disapprove such preliminary plat, and the grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Town Board, notwithstanding that the foregoing provisions of the subdivision, in which the Town Board must take action on such plat, may be extended by mutual consent of the owner and the Town Board. When so approving a preliminary plat, the Town Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Town Board as granted preliminary approval and a copy filed in this office and a certified copy mailed to the owner.
Notwithstanding the foregoing provisions of this section, the Town Board may extend the time in which a conditionally approved plat in final form must be submitted for signature, if, in its opinion, such intention is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.
Prior to granting conditional or final approval of a plat in final form, the Town Board may permit the plat to be subdivided into two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly developments of the plat be completed before such sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall be granted concurrently with conditional or final approval of the plat.
The signature of the duly authorized Town Clerk constituting final approval by the Town Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or Register of the County in which such plat or plats are located if such plats are entirely or partially undeveloped, or the certificate of the Town as to the date of the submission of the final plat and the failure of the Town Board to take action thereon within the time prescribed, shall expire within 60 days from the date of such approval, or from the date such certificate is issued, unless, within such sixty-day period, such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk or Register. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or Register, the entire approved plat shall be filed within 60 days of the filing of such section with the Town Clerk in each Town in which any portion of the land described in the plat is situated. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the Town Law.
Application for approval and fee. The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Town Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Building Zoning Officer. All applications for plat approval for major subdivisions shall be accompanied by a fee of $25. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Town Board may refuse to approve the final plat and require submission of the preliminary plat. The application fee shall not be refundable.
A subdivider intending to submit a proposed subdivision plat for the approval of the Town Board shall provide the Town Clerk with a copy of the application and 12 copies of a plat, one copy in ink on linen, the original and one true copy of all offers of session, covenants and agreements and two prints of all construction plans at least 10 days in advance of the regular monthly meeting or monthly Town Board meeting in which it is to be officially submitted.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Town Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § 104-18 of this chapter, has been filed with the Town Clerk.
Endorsement of state and County agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Erie County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, County and state agencies. Endorsement and approval by the Erie County Department of Health shall be secured by the subdivider before official submission of the subdivision plat.
Public hearing. A public hearing may be held by the Town Board within 45 days after the time of submission of the subdivision plat for approval. Such hearing shall be advertised in a newspaper of general circulation in the Town at least five days before the hearing.
Action on proposed subdivision plat. After careful study, the Town Board shall, within 45 days from the public hearing on the subdivision plat, approve, modify or disapprove such plat. The grounds for disapproval of any plat shall be stated on the records of the Town Board. A subdivision plat shall not be signed by the authorized officers of the Town Board until the applicant has met all the conditions of the action granting approval of such plat.
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any subdivision plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
Signing of plat.
Every subdivision plat submitted to the Board for its approval shall carry the following endorsement:
|Approved by resolution of the Town Board of the Town of Holland, New York, on the day of _________, 19_____, subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of this plat, as approved, shall void this approval. Signed this day of __________, 19_____, by|
In the absence of the Supervisor or Clerk, the Acting Supervisor or Acting Clerk, respectively, may sign in his place. If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map or, in most cases where the plat does front on or have access to or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-k of the General Municipal Law.
Improvements and performance bond. Subsequent to any action by the Town Board approving a subdivision plat and prior to the issuance of any building permit, the applicant shall be required to complete in accordance with the Town Board's decision and to the satisfaction of the appropriate Town departments all the street, sanitary and other improvements specified in the action approving such plat or, as an alternative, to file with the Town Board a performance bond in an amount estimated by the Town Board to secure to the Town the satisfactory construction and installation of the incompleted portion of the required improvements. A period of one year, or such other period as the Town Board may determine appropriate, within which required improvements must be completed, shall be specified by the Town Board and expressed in the bond. Such performance bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The bond shall provide that an amount determined adequate by the Town Board shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition. All required improvements shall be made by the applicant at his expense without reimbursement by the Town or any district therein. Said improvements shall include the following:
Streets and streetlighting facilities.
Curbs and gutters.
Grass curb strips.
Street shade trees.
Stormwater runoff system.
Sanitary sewage collection system.
Water supply system.
Park and recreation facilities.
Electrical, telephone and utility lines.
Plantings and ground cover.
Inspection of improvements. The Town shall employ the Town Engineer to act as agent of the Town Board for the purpose of assuring the satisfactory completion of improvements required by the Town Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the Town costs of inspection before the subdivision plat is signed for filing. If the Town Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with Town Board recommendations or the approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
Offers of cession and release.
The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of cession to the Town shall be presented prior to plat approval.
Formal offers of cession to the Town of all streets and parks, not marked on the plat with notation to the effect that such cession will not be offered, shall be filed with the Town Board prior to plat approval. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the County Clerk or Register shall constitute a continuing offer of dedication of the streets, highways or parks or any of them to the public, and said offer of dedication may be accepted by the Town Board at any time prior to the revocation of said offer by the owner of the land or his agent.
Before final approval of the subdivision plat, the Town Board will require a certificate of approval from the Town Attorney as to the legal sufficiency of the offers of cession by the subdivider of the areas for public use, such as parks, streets, playgrounds and other areas.
Upon completion of all requirements set forth in the action approving the subdivision plat and notation to the effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Town Board and may be filed by the applicant in the office of the Erie County Clerk. Any subdivision plat not so filed and recorded within 90 days of the date upon which said plat is approved or considered approved by reasons of the failure of the Town Board to act shall become null and void unless the particular circumstances of said applicant warrant the Town Board to grant an extension which shall not exceed two additional periods of 90 days. The applicant shall provide the Town Clerk with a copy of the plat, certified by the Erie County Clerk as to being the true and certified copy of said plat on file in the County office.
For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.
The approval by the Town Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Town Board may require said plat to be endorsed with appropriate notes to this effect. If the Town Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require as a condition to approval of any such plat a payment to the Town of a sum to be determined by the Town Board, which sum shall constitute a trust fund to be used by the Town Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. The Town Board may require the filing of a written agreement between the applicant and the Town Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area, as well as a written agreement covering the maintenance and plowing of all streets within the subdivision until such time as they are accepted for public maintenance by the Town Board.
Upon posting of the performance bond in accordance with § 104-8 and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.
The Planning and Town Boards, in considering an application for the subdivision of land, shall be guided by the following considerations and standards:
Character of land. 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.
Conformity to Official Map and Comprehensive Plan. Subdivisions shall conform to the streets and parks shown on the Official Map of the Town as may be adopted and shall be properly related to the Town Comprehensive Plan as it is developed and adopted by the Town Planning Board.
Streets. The following regulations shall govern the layout of streets:
Subdivisions shall be so designed as to provide a street pattern which is curvilinear in design. The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper protection where adjoining land is not subdivided, at the same or greater width insofar as such may be deemed necessary for public requirements.
All construction is subject to the specifications for streets and highways adopted by the Town Board from time to time, which specifications shall be on file with the Town Clerk and available to developers. The streets shall be designed to promote local residential streets and to discourage through traffic.
All right-of-way street widths and street pavements shall be measured at right angles or radial to the center line of the street and shall not be less than those specifications adopted by the Town Board from time to time and shall be filed with the Town Clerk.
Whenever possible, streets should intersect at right angles and not intersect at angles of less than 60° unless approved by the Town Board.
The grades of streets shall be in accordance with specifications established by the Town Engineer, and such grades as submitted on subdivision plats shall be approved by him prior to final approval by the Town Board.
All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of the existing subdivision.
The following standards shall apply to cul-de-sac streets:
Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line but should be placed so that the lots can back on the property line of the subdivision.
All culs-de-sac shall have a turnaround at the end of the street which shall conform to the geometric design and construction standards established by the Town Engineer and Town Highway Superintendent. Standard drawings showing the standards and specifications for roadways and culs-de-sac are available at the Town Clerk's office.
If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.
New half or partial streets shall not be permitted, except that, wherever a proposed subdivision borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.
Multiple intersections involving a junction or more than two streets shall be prohibited.
Local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.
The minimum distance between center line offsets at street jogs shall be 150 feet.
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
The minimum radius of horizontal curve, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Town Engineer, and said items shall be approved by him prior to final approval of the subdivision plat by the Town Board.
Lots. The following regulations shall govern the layout of lots:
The lot size, width, depth, shape, orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
All lots shown on the subdivision plat must conform to the minimum requirements of Chapter 120, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 281 of the Town Law, the Town Board may use its discretion in determining lot sizes.
Each lot shall abut on a street built to the Town's specifications.
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by Chapter 120, Zoning.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
The side lines of lots shall be at right angles to straight streets, and radial to curved streets whenever possible.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, or similar circumstances, the Planning Board may, after adequate investigation, require modification of such lots.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 120, Zoning, and to provide for convenient access, circulation, control and safety of street traffic.
Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.
Easements. An easement shall be provided for all natural drainageways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement, indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of 10 feet. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement, conforming substantially to the lines of such watercourse, shall be provided. The easement shall be 20 feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Town Engineer. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize the risk of interruption of services. A five-foot easement running parallel to and contiguous to all street and highway rights-of-way shall be provided to the Town, granting the Town the right to protect, plant, prune, spray, remove, control, regulate and improve shrubbery and shade trees thereon.
Landscaping and ground cover.
All lot areas which are not covered by structures or paving shall be properly seeded by the developer.
The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. Each lot shall be provided with a minimum of two trees which shall be in addition to the street shade trees. This requirement may be waived by the Town Board in wooded areas where the subdivider intends to maintain existing trees.
Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their yards independently.
When a proposed subdivision borders upon an existing commercial or industrial establishment or any other use which, in the opinion of the Town Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Town Board may require a landscape screen to buffer the subdivision from the visually noncompatible use.
Preservation of natural features.
Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Town Board.
To the fullest extent possible, all existing trees and shrubbery shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees, which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, require modification of such lots. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Town Board.
Where a subdivision is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in watercourse alignment shall be in accordance with the revised New York State Environmental Conservation Law.
Unique physical features such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours and similar features shall be preserved if possible.
The subdivider shall not be permitted to leave any surface depressions which will collect pools of water.
The subdivider shall not be permitted to leave any hills or mounds of dirt around the tract. All surfaces shall be restored within six months of the time of the completion of the section of the subdivision.
Floodways and floodplains.
Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the preliminary plat and the prominent note on each street of such map whereon any such portion shall be shown. Floodways and floodplain areas shall be distinguished.
Use. Floodways, as defined by the United States Army Corps of Engineers, and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Floodplain areas subject to periodic minor flooding may be developed, provided that structures are adequately floodproofed as provided in Chapter 69, Flood Damage Prevention.
Self-imposed restrictions. The owner may place restrictions on the development greater than those required by Chapter 120, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.
Modification of standards. The Town Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.
Parks, playgrounds or open space.
Land shall be reserved for park, playground, open space or other recreational purposes in locations designated on the Comprehensive Plan or elsewhere where the Planning Board deems that such reservations would be appropriate. Each reservation shall be of an area equal to 10% of the total land within the subdivision, but in no case shall a reservation be less than five acres. The area to be preserved shall possess the suitable topography, general character and adequate road access necessary for its recreational purposes.
Where a subdivision is too small to establish an adequate recreation area site, where the land in a subdivision is unsuitable in character or where the Town Comprehensive Plan or good planning judgment would not locate a recreation area, or in the case of a minor subdivision, the applicant will be required to provide a cash equivalent of $50 per lot, deposited with the Town Clerk for the account of the Town of Holland Park, Playground and Open Space Trust Fund, to be used for the acquisition of such areas in suitable locations. Such payments shall not be refundable.
Where the Planning Board requires land to be set aside for parks, playgrounds or other recreational purposes, the Board shall require that the site be graded, loamed and seeded and may require it to be fenced.
When area for park, playground, recreational purposes or open space shall have been required on the subdivision plat, the approval of said subdivision plat shall not constitute an acceptance by the Town of such an area.
The developer, before the approval of the subdivision plat, shall complete all improvements to the satisfaction of the Town Engineer or post a performance bond sufficient to insure the satisfactory completion of the following required improvements, except where waivers may be requested and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.
Storm drains, culverts, catch basins and other drainage structures shall be installed in accordance with the standards and specifications on file in the Town Clerk's Office and in accord with the final map approved by the Town Board. All pipe shall comply with the requirements of the current New York State Highway Department specifications governing construction of these facilities. The location, length, depth, size, grade and type of pipe shall be designated in the plans. If unusual conditions are discovered at the time of construction, which are not provided for on the plans, the Town Engineer shall determine the type and extent of construction required to overcome such conditions.
Curbing shall be constructed on both sides of all streets shown on all proposed subdivision plats and in accord with the construction standards on file in the Town Clerk's office.
Sidewalks shall be required on both sides of the street and constructed in accord with the standards on file in the Town Clerk's office.
Driveway aprons shall be required between the curbing and the sidewalk and shall be of six-inch concrete meeting the same specifications established for curbing.
Street signs shall be of metal and shall be installed at the intersection of all streets in conformity with Chapter 112, Vehicles and Traffic, and Town specifications, at the locations approved by the Town Board.
Grass strips shall be provided within the portion of the street right-of-way beyond the curbline and shall be properly graded and seeded.
Street trees shall be planted in every subdivision at intervals from 40 to 60 feet along both sides of the street. Existing trees may be taken into consideration when determining the above. Trees shall be at least three feet from any sidewalk and located on the building side of the walk rather than the street side. Where dwelling structures are oriented with their rear on the street, street trees shall be at least six feet from the curbline. Trees should also be at least 10 feet from any line which is directly under utility wires. The average trunk diameter shall be at least two inches, and an average height of six feet above finished grade level is required. Such trees shall be of a species and at locations approved by the Planning Board. No tree shall be planted within 25 feet of an existing or proposed streetlight or street intersection.
Shade trees, other than within the right-of-way, may be required when, taking into consideration the existing trees on the lots, the Town Board shall deem it necessary. Such trees shall be in conformance with the standards of size, kind and locational limitations prescribed for trees along the street line.
Streetlighting facilities shall be provided along all streets in the subdivision and along all streets upon which the subdivision abuts. Such lighting facilities shall be in accordance with the Town standards and shall be installed as approved and directed by the Town Engineer.
Sanitary sewers and treatment disposal facilities shall be required. Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for connection with such sanitary sewer and shall provide within the subdivision the sanitary sewer system required to make the sewer accessible to each lot in the subdivision. Sewer systems shall be approved by the Town and County Health Official(s) and shall be in accordance with other requirements of law. The construction is subject to the supervision of the Town Engineer.
Where a public water main is reasonably accessible, the subdivider shall connect to such water main and provide a water connection for each lot in accordance with Town standards, procedures and supervision. Fire hydrants shall be required and shall be installed in the locations approved by the Town Engineer and in accord with the New York State Board of Fire Underwriters or other equivalent approved agency.
Permanent monuments shall be set at block corners and at intervals of approximately 500 feet or such other distance as the Town Board may determine appropriate, and their location shall be shown on the subdivision plat. Iron pipes shall not be considered permanent monuments for the purpose of this chapter. Standards for monuments are on file in the Town Clerk's office.
Concrete curbing may be omitted, and, in lieu thereof, rolled gutters or other means for controlling stormwaters may be constructed as may be approved by the Town Engineer and Town Board.
Sidewalks may be omitted on one or both sides of the street to the extent deemed appropriate by the Town Board.
Where curbing and/or sidewalks are not provided, adequate provision for the protection of the edge of the road pavement and graded shoulder at all driveway openings and other accessways shall be provided in a manner approved by the Town Engineer.
Where sidewalks and curbing are not provided, grass curb strips shall not be required. However, grading and seeding of the area between the pavement edge, shoulder or approved drainage structure and the front property line of the lot shall be provided.
Individual sewage disposal systems (septic tanks) may be provided in lieu of facilities connected to a public sanitary sewage disposal system. Where such system is not reasonably available, such on-site disposal systems shall not be subject to the provisions of this chapter regarding subdivision control but shall be subject to all other applicable laws and regulations of the Town, County and state. Sewerage lagoons shall be prohibited.
Individual on-site water supply systems may be provided in lieu of providing a water supply connected to a public utility system. Where such a system is not reasonably available, such on-site water supply systems shall not be subject to the provisions of this chapter regarding subdivision approval but shall be subject to all other applicable laws and regulations of the Town, County and state.
Fire hydrants may be omitted where adequate water mains which are a part of a public utility water system are not either existing or proposed to be available to the subdivision.
The sketch plan initially submitted to the Planning Board shall be based on Tax Map information or some other similarly accurate base map, at a scale, preferably not less than 200 feet to the inch, to enable the entire tract to be shown on one sheet. The sketch plan shall be submitted, showing the following information:
The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection.
All existing structures, wooded areas, streams and other significant physical features within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
The Tax Map sheet, block and lot numbers, if available.
All the utilities available and all streets which are either proposed, mapped or built.
The proposed pattern of lots (including lot width and depth), street layout, recreation areas and systems of drainage, sewerage and water supply [see § 104-16A(3)] within the subdivided area.
All existing restrictions on the use of land, including easements, covenants or zoning lines.
The following documents shall be submitted for conditional approval:
Twelve copies of a preliminary plat prepared at a scale of not more than 100 but preferably not less than 50 feet to the inch, showing:
The proposed subdivision name, name of Town and County in which it is located, date, true North point, scale and name and address of record owner, subdivider and engineer or surveyor, including license number and seal.
The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property.
The zoning district, including exact boundary lines of the district, if more than one district, and any proposed changes in the zoning district lines and/or the Zoning Ordinance (Chapter 120) text applicable to the area to be subdivided.
All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
The location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.
The location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
Contours with intervals of five feet or less as required by the Board, including elevations on existing roads; approximate grading plan if natural contours are to be changed more than two feet.
The width and location of any streets or public places shown on the Official Map or the Comprehensive Plan, if such exists, within the areas to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
The approximate location and size of all proposed waterlines, valves, hydrants and sewer lines and fire alarm boxes; connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law; profiles of all proposed water- and sewer lines.
A storm drainage plan indicating the approximate location and size of proposed lines and their profiles; connection to existing lines or alternate means of disposal.
Plans and cross sections showing the proposed location and type of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains and the size and type thereof, the character, width and depth of pavements and subbase and the location of manholes, basins and underground conduits.
Preliminary designs of any bridges or culverts which may be required.
The proposed lot lines, with approximate dimensions and area of each lot.
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public open space shown on the subdivision or the Official Map.
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineer, referenced and shown on the plat.
If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract, shall be submitted. The part of the subdivider's entire holdings submitted shall be considered in the light of the entire holdings.
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
The following documents shall be submitted for plat approval:
The plat to be filed with the Erie County Clerk's office shall be in accordance with the requirements for filing with the Erie County Clerk. The plat shall be accompanied by the Erie County Health Department certificate of approval, seals and license numbers of the land surveyor and/or engineer and certificate from the County Treasurer or of an abstract and title company that all taxes which are a lien against the property prior to the filing have been paid. The plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the North point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed, showing to scale the entire subdivision, with lot and block numbers clearly legible. The plat shall show:
The proposed subdivision name or identifying title and the name of the Town and County in which the subdivision is located, the name and address of record owner and subdivider and the name, license number and seal of the licensed land surveyor.
Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
Sufficient data, acceptable to the Town Engineer, to determine readily the location, bearing and length of every street line, lot line and boundary line and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and in any event should be tied to reference points previously established by a public authority.
The length and bearing of all straight lines, radii, length of curves and central angles of all curves and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale and true North point.
The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor.
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice.
Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of the Town Engineer. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Public Works. They shall be placed as required by the Town Engineer and their location noted and referenced upon the plat.
All lot corner markers shall be permanently located where appropriate under Chapter 120, Zoning.
Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.
Construction drawings, including plans, profiles and typical cross sections, as required, shall show the proposed location, size and type of streets, sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.
Where the Town Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 120, Zoning, if such exists.
Where the Town 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.
In granting variances and modifications, the Town Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
A violation of this chapter is an offense punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both. Each week's continued violation shall constitute a separate offense.