The Planning Board of the Town of Farmington, New York, has the power
and authority to approve plans for subdivisions within its corporate limits
by virtue of Local Law No. 2 of 2001 adopted by the Town Board on the 9th
day of October 2001, pursuant to the provisions of Article 16, Chapter 62,
of the Consolidated Town Laws. Pursuant to § 278, Article 16, Chapter
62 of the Consolidated Town Laws, the Town Board also adopted a resolution
on the 9th day of October 2001 authorizing the Planning Board to modify applicable
provisions of the zoning law simultaneously with the approval of plats.
A.
The provisions contained herein shall apply to all land
within the corporate limits of the Town of Farmington. All divisions of land
within the Town of Farmington shall be designed and submitted for approval
in compliance with the standards and procedures set forth herein.
B.
No lot, tract or parcel of land shall be divided or subdivided
and no street, driveway, sanitary sewer, individual sewage system, storm sewer,
water main or other changes that alter the current aspect, ground cover and
current function of the parcel, shall be laid out, constructed, or opened
for public travel or for the common use of the occupants of buildings abutting
thereon, except in strict accordance with the provisions of this chapter.
C.
All plans for division of lots, tracts or parcels of
land shall be submitted to the Planning Board and receive final plat approval
as described in these regulations and Town Law § 276, as amended,
before they shall be recorded in the office of the Ontario County Clerk.
D.
Any change to a plat previously recorded in the office
of the Ontario County Clerk requires the approval of the Planning Board in
accordance with these regulations.
These regulations are adopted for the following purposes:
A.
Protect, create, and provide for conditions favorable
to the public health, safety and general welfare and guide future growth by:
B.
Establish standards and procedures for subdivision of
land and ensure proper legal descriptions and monuments of subdivided land.
C.
Prevent damage to the environment as a result of development.
D.
Minimize potential conflicts among the uses of neighboring
lands and buildings while protecting and conserving the value of land and
businesses performed.
E.
Protect and conserve the value of land, buildings and
improvements, and to minimize potential conflicts among the uses of neighboring
land and buildings.
F.
Preserve the natural beauty and topography of lands within the Town of Farmington by fostering appropriate development which shows special regard for the protection of environmentally sensitive areas that include the preservation of agricultural land and agricultural practices; by encouraging or requiring alternate subdivision designs which vary minimum lot widths and areas without exceeding the maximum development densities established in the Town of Farmington Zoning Law, Chapter 165, Farmington Town Code.
These regulations shall be known and may be cited as the "Town of Farmington
Subdivision and Development of Land Regulations."
A.
Other local regulations. This chapter shall not, nor
are they intended to, nullify any more restrictive local regulations, laws
or ordinances in effect in the Town of Farmington.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere
with, abrogate, or annul any other ordinance, rule, regulation, statute, or
other provision of law. Where any provision of this chapter imposes restrictions
different from those imposed by any other provision of any local ordinance,
regulation, or law, that provision which is more restrictive or imposes the
higher standard shall control.
(2)
Private provisions. This chapter is not intended to annul
or void any easement, covenant, or other private agreement or restriction.
The enforcement of any such provisions, whether or not discussed in the subdivision
review process, shall not be the responsibility of the Planning Board.
C.
Pending actions. This chapter shall not be construed
as abating any action now pending under prior existing subdivision regulations
or as discontinuing, abating, modifying or altering any penalty accruing or
about to accrue, or as affecting the liability of any person, association,
or corporation, or as waiving any right of the Town of Farmington under any
section or provision existing at the time of adoption of these regulations,
or as vacating or annulling any rights obtained by any person, association,
or corporation, by lawful action of the municipality except as shall be expressly
provided for herein.
If any part or provision of this chapter or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part, provision or
application directly involved in the controversy in which such judgment shall
have been rendered and shall not impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
A.
General enforcement.
(1)
A lot hereafter created by division of a larger tract
of land within the Town of Farmington shall not be transferred or sold and
no site development permit pertaining to such lots shall be issued unless
a subdivision plan which shows such lot and which bears the final approval
of the Planning Board has been duly filed in the office of the Ontario County
Clerk.
(2)
The subdivision of any lot or parcel of land, by the
use of a metes and bounds description for the purpose of sale, transfer or
lease, with the intent of evading this chapter, shall not be permitted.
B.
Violations. Any person, association or corporation failing
to comply with or violating any of this chapter shall be guilty of an offense
and subject to the penalties of that offense or offenses as set forth in Town
Law § 268, as amended.
C.
Civil enforcement. Appropriate actions and proceedings
may be taken at law or in equity proceedings to prevent or cease any violation
of this chapter, to prevent unlawful conveyance or construction, to recover
damages, to restrain, correct or abate a violation or to prevent illegal occupancy
of a building structure or premises. These remedies shall be in addition to
the penalties described above.
B.
ALLEY
APPLICANT
APPROVAL, FINAL
ARCHITECT
ARTICLE 16
BLOCK
BOARD
BOARD OF HEALTH
BOND
CLERK OF THE PLANNING BOARD
CLUSTERING
CODE ENFORCEMENT OFFICER
COLLECTOR STREET
COMMUNITY FACILITY
COMPLETED APPLICATION FOR APPROVAL
CONDITIONAL APPROVAL OF FINAL PLAN
CONSTRUCTION DETAIL
CONTRACTOR
CROSSWALK
CUL-DE-SAC
DEVELOPER
DIRECTOR OF DEVELOPMENT
DIVISION OF LAND
DOUBLE FRONTAGE LOT
DRAINAGE DISTRICT
DRAINAGE EASEMENT
DRIVEWAY
DULY DESIGNATED OFFICER
ENGINEER
ENGINEER FOR THE TOWN
ENVIRONMENTALLY SENSITIVE AREA
ENVIRONMENTAL REVIEW
FINAL APPROVAL
FINAL PLAT
FLOOD HAZARD AREA
FLOOD LIMITS
FLOODPLAIN
FLOODWAY
GRADING PLAN
IMPROVEMENTS
INDIVIDUAL SEWAGE SYSTEM
INSPECTOR
INTERIOR WALK
LETTER OF CREDIT
LOCAL STREET
LOT
MONUMENT
OFFICIAL SUBMISSION DATE
OWNER
PARCEL
PARENT PARCEL
PAVEMENT
PERMANENT HIGHWAY EASEMENT
PIN
PLAN
PLAN APPROVAL
PLAN, FINAL
PLANNING BOARD
PLAN, PRELIMINARY
PLAN, SKETCH
PLAT, PRELIMINARY
PLAT, FINAL
PLAT, FINAL APPROVAL
PLAT, FINAL APPROVAL WITH CONDITIONS
PREAPPLICATION CONFERENCE
PRELIMINARY PLAN
RECORD SHEET
RESUBDIVISION
REVERSE FRONTAGE LOT
RIGHT-OF-WAY
(1)
(2)
ROAD
SECRETARY TO THE DEVELOPMENT OFFICE
SIDEWALK
SIGNIFICANCE DETERMINATION
SKETCH PLAN
SPECIAL IMPROVEMENT DISTRICT
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
STATEMENT OF INTENT
SUBDIVIDER
SUBDIVISION
SURVEYOR
TOWN BOARD
TOWN ENGINEER
TRACT
WETLANDS
ZONING LAW
ZONING MAP
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A public or private way not more than 40 feet wide affording only
secondary means of access to abutting properties.
The owner of land proposed to be subdivided or developed or his agent.
Proof of agency shall be required from the legal owner of the land proposed
to be subdivided.
See "final approval."
A person licensed as an architect by the State of New York.
Whenever the term "Article 16" shall appear in this chapter it shall
be understood to mean Article 16, Chapter 62 of the Consolidated Town Law
as it may be amended from time to time.
A tract of land bounded by streets, or by a combination of streets
and public parks, cemeteries, railroad rights-of-way, shorelines of waterways,
or boundary lines of other municipalities.
The Town of Farmington Planning Board created pursuant to Town Law
§ 271, as amended. Also see "Town Board."
The New York State Department of Health or the Farmington Town Board convened as a Board of Health pursuant to this Chapter 144 of the Farmington Town Code.
Any form of security, including a cash deposit, surety bond, collateral,
property, or letter of credit, in an amount acceptable to the Town Board and
form satisfactory to the Town Attorney. Wherever a bond is required by this
chapter alternate forms of security shall be approved by the Town Attorney.
For purposes of this chapter and the submission of plats for approval
pursuant to Town Law § 276, as amended, the Clerk of the Board shall
be the Planning Board Secretary and the office of the Clerk shall be at the
Farmington Town Hall on the first and third Wednesday evening of the month
commencing at 7:00 p.m. local time. In the event that the position entitled
"Planning Board Secretary" is vacant then the Clerk of the Planning Board
shall be the Planning Board Chairman until such time as the vacancy is filled
by appointment.
A manner of designing subdivisions whereby lots are more densely concentrated than would generally be permitted by Chapter 165, Zoning, provided that when taken as a whole the density within the subdivision is no greater than that permitted by Chapter 165, Zoning. The purposes of such a design are to enable and encourage the development of land in such a manner as will promote the most appropriate use of the land, will facilitate the adequate and economical provision of street and utilities, and will preserve the natural and scenic qualities of open lands.
Town official responsible for enforcement of local ordinances and
laws.
A dedicated street used to carry traffic from minor streets to primary
or major thoroughfares.
Any development or improvement the purpose of which is to benefit
the common interests of the residents of the Town or the residents of a particular
portion of the Town.
See § 144-11D of this chapter.
The approval by the Planning Board of a final plan subject to conditions
set forth in a resolution. Such conditional approval does not qualify a final
plan for recording in the office of the Ontario County Clerk. Also see "final
approval."
The maps or drawings accompanying a subdivision plan showing the
specific location, size and design of all subdivision improvements.
An agent acting for the developer to construct the required improvements
of the project. The contractor is responsible to perform the work in conformance
with these requirements subject to the approval of Town officials.
A designated portion of a right-of-way designed to provide safe pedestrian
access to land on the opposite side of the right-of-way.
See "cul-de-sac," Town Code Chapter 165.
An individual, partnership or corporation or agent thereof holding
title to a parcel of land and applying for permits to develop land.
The public official appointed by the Town Board to be responsible
for the activities of the Town Development Department.
The division of any parcel of land into two or more parcels or lots.
A lot having at least two boundaries abutting separate streets, which
do not intersect.
A special improvement district established or extended for the purpose
of constructing and maintaining stormwater drainage facilities. Also see "special
improvement district."
Easements required for the installation or periodic maintenance of
stormwater sewers, drainage ditches or detention facilities providing for
the flow of water therein to safeguard the public and the environment against
danger from flood or erosion.
A corridor of suitable grade, width and stability providing safe
and adequate pedestrian and vehicular access to a lot and the structures thereon
from an intersecting public right-of-way.
The person or public official authorized by a resolution of the Planning
Board to sign subdivision or site plans pursuant to this chapter. In the absence
of any contrary designation by the Planning Board, the duly designated officer
shall be the Planning Board Chairman.
A person licensed as professional engineer (P.E.) by the State of
New York.
See "Town Engineer."
Land or land features critical to the maintenance and integrity of
ecosystems.
See "State Environmental Quality Review (SEQR)."
The signature of the Planning Board Chairman upon an approved final
plan pursuant to a resolution of the Planning Board approving or conditionally
approving the final plan.
Land in a floodplain subject to a one-percent or greater chance of
flooding in any given calendar year.
The high-water elevation of a natural watercourse flowing at its
one-hundred-year frequency as defined by a responsible agency, such as the
United States Army Corps of Engineers or the Federal Emergency Management
Agency (FEMA).
Areas adjoining a watercourse, which are flooded as a result of a
severe combination of meteorological and hydrologic conditions.
The channel and those parts of the adjoining floodplain which are
required to carry and discharge floodwater and which may not be obstructed
without unduly raising upstream water levels.
A topological plan showing all present and proposed elevation contours
at such intervals of elevation as are required herein.
Those physical additions and changes to the land, whether or not
offered for dedication, that are designed to produce functional lots. Improvements
include, but are not limited to, grading, paving, curbing, fire hydrants,
water mains, sanitary sewers and drains, individual sewage systems, stormwater
sewers, ditches, ponds and culverts, sidewalks, crosswalks, and required plantings.
An independent system of piping, tanks or other facilities serving
a lot and disposing of sewage or other liquid wastes into the soil of the
lot.
An agent of the Town empowered to inspect the progress of the project
and compliance of the construction with the approved plots and specifications.
A right-of-way for pedestrian use extending from a street into a
lot or across a block to another street.
An instrument issued by a bank, which guarantees the availability
of funds in a specific amount for withdrawal by the Town and is intended to
guarantee the complete and satisfactory construction of improvements in accordance
with approved plans. Also see "bond."
A dedicated minor street which has the dual purpose of providing
limited access for traffic and access to individual properties. Local streets
are not intended to serve through traffic.
See "lot," Town Code Chapter 165.
A permanent reference marker set at points as required in this chapter.
The date upon which a subdivision plan shall be considered submitted
to the Planning Board and which is hereby limited to dates upon which there
is held a scheduled Planning Board meeting.
Any person, group of persons, association, partnership, corporation
or other legal entity having legal title to or sufficient proprietary interest
in the land sought to be subdivided or developed under this chapter.
An area of land delineated as a contiguous unit by a Tax Map approved
by the New York State Board of Equalization and Assessment[2] or metes and bounds description.
A parcel, combination of parcels, or tract from which two or more
derivative parcels or lots are created by division.
That portion of a street or alley intended for vehicular use, which
consists of a hard surface.
A strip of land adjacent to an existing street right-of-way line
used for a public purpose. The front lot line shall be considered to be coincident
with the permanent highway easement boundary. Where there is no requirement,
a "permanent highway easement," the front lot line shall be considered to
be coincident with the existing right-of-way line.
A metal reference marker set at points as required in this chapter.
A drawing or set of drawings indicating the manner or layout of a
subdivision which is to be submitted for approval together with all required
improvements and appurtenances. Types of plans include sketch, preliminary
and final. Each type of plan requires a different level of detail.
The approval of the Planning Board of a final or preliminary plan
set forth in a resolution. Plan approvals may include modifications, and approvals
of final plans may be conditional. A resolution of the Planning Board approving
a plan does not constitute final approval and does not qualify a plan for
recording in the office of Ontario County Clerk. Also see "final approval."
See "plat, final."
The Town of Farmington Planning Board duly constituted pursuant to
Town Law § 271, as amended.
See "plat, preliminary."
See "sketch plan."
A drawing prepared in a manner prescribed by local regulation, showing
the layout of a proposed subdivision including but not limited to, road and
lot layout and approximate dimensions, key plan, topography and drainage,
all proposed facilities not sized, including preliminary plans and profiles,
at a suitable scale and in such detail as local regulation may require.
A drawing prepared in a manner prescribed by local regulation, showing
the layout of a proposed subdivision, containing in such additional detail
as shall be provided by local regulation all information required to appear
on a preliminary plat and modifications, if any, required by the Planning
Board at the time of approval of a preliminary plat of such proposed subdivision,
if such preliminary plat has been so approved.
A plat in final form that is ready for signing by the duly authorized
officer of the Planning Board after a resolution granting final approval of
the plat has been completed. Such final approval qualifies the plat for recording
in the office of the County Clerk.
The approval of a final plat subject to conditions set forth by the
Planning 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 a duly authorized
officer of the Planning Board and recording of the plat in the office of the
County Clerk.
An informal meeting between the planning and zoning staff and a subdivider or developer to discuss the general design and layout of the subdivision or site. Matters also to be discussed include Town policies and procedures regarding the subdivision of land, a probable timetable for review, and the subdivider's intent concerning a proposed subdivision. See § 144-9.
A map, plan or plat which provides information concerning the actual
location of improvements as built.
Revision of all or part of an existing filed subdivision plan or
plans, including consolidation of lots, annexation of land to lots or any
other alteration of approved lot boundaries.
A lot whose access is provided from the rear of the property.
The line determining the street or highway limit of public ownership.
PRIVATE RIGHT-OF-WAYLand owned by a non-public agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special uses.
PUBLIC RIGHT-OF-WAYLand owned by public agencies for use as a street or other public purpose.
See "street," Town Code Chapter 165.
That person appointed by the Town Board and charged with the duties
of receiving and processing applications, insuring compliance with Town Code
requirements and the requirements of the General Municipal Law and New York
State Town Law. The office of the Secretary to the Development Office shall
be located in the Town Hall.
A concrete pedestrianway five feet in width, constructed within a
dedicated ten-foot-wide easement and running across the entire frontage of
a site.
A decision made by a lead agency under SEQR which establishes the
degree to which a proposed action is likely to affect the environment.
An informal plan to scale, indicating existing features of a tract and its surroundings and the general layout of a proposed subdivision prepared in a manner consistent with § 144-10 of this chapter.
A district established and administered pursuant to Article 12, 12A
or 12C, Chapter 62 of the New York State Consolidated Laws to provide public
improvements and/or services.
A formal review pursuant to Part 617 of the New York Codes, Rules
and Regulations which seeks to ensure a productive and enjoyable harmony between
man and his environment, and promotes efforts which will prevent or eliminate
damage to the environment and enhance human and natural resources.
A binding statement of intentions submitted by an applicant for the
purpose of clarifying current or future development intentions and submitted
as a condition for obtaining plan approval.
Any person, association, partnership, or agent thereof, proposing
subdivision as defined herein.
Any tract of land which is developed by division into two or more
lots along an existing or proposed street, highway, easement, or right-of-way
for purposes of conveyance, improvement, sale or rent or are offered for sale
or leased for any period of time, whether such lots are described by metes
and bounds, by reference to a map, survey of the property or by any other
method of description and regardless of whether the lots or plots are contiguous.
A person licensed as a land surveyor by the State of New York.
The Town Board of the Town of Farmington.
The duly designated Engineer for the Town of Farmington.
Any body of land, including contiguous parcels of land, under the
common ownership or control of any owner, developer or subdivider acting in
concert as part of a common scheme or plan.
Freshwater wetlands including lands and submerged lands, commonly
called marshes, swamps, sloughs, bogs and flats supporting aquatic and semiaquatic
types identified in Article 24 of the New York State Conservation Law or by
any applicable federal law or regulation.
The officially adopted Zoning Law also known as Chapter 165 of the Town of Farmington Town Code, as amended from time to time.
The Official Zoning Map of the Town of Farmington, which shows the
boundaries of zoning districts within the Town, as amended from time to time.
[2]
Editor's Note: Pursuant to L. 1994, c. 385, this Board is now referred
to as the "State Board of Real Property Services."
