This chapter shall be known as the "Subdivision Law of the Town of Rush." It has been enacted by the Town Board of the Town of Rush pursuant to Article 16 of the Town Law of the State of New York.
This chapter has been adopted to provide for the future growth and development of the Town; to afford adequate facilities for the housing, transportation, distribution, comfort, convenience, health, safety and welfare of the Town's population, to provide for flexibility in design and to preserve the natural, historic and scenic qualities of open land. The review and approval procedures contained herein are designed to safeguard the community and assure that the requirements and standards for land subdivision contained herein are fulfilled and that the public health, safety and welfare are protected.
It is the policy of the Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the Town in a manner that is reasonable and in the best interests of the community. The Planning Board will be guided in its consideration of an application for the subdivision of land by the following general policies:
Land must be suitable to be built upon and free of hazards. The physical characteristics of the land to be subdivided shall be such that it can be used for building purposes without danger to health and safety or peril from fire, flood, erosion or other menace. Proper provision shall be made for stormwater drainage, water supply, sewage disposal, streets and other needed improvements.
Natural and historic features should be preserved. Insofar as possible, all existing features of the landscape such as large trees, unusual glacial formations, water- and flood courses, historic sites and other such irreplaceable assets shall be preserved.
Subdivisions shall be in conformance with all other local laws and shall be properly related to the Town of Rush and its Comprehensive Plan, as it is being used for guidance by the Planning Board.
Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air, and to facilitate fire and other emergency protection.
The following rules of construction of language shall apply to the text of this chapter:
Words used in the present tense include the future tense.
Words used in the singular include the plural, and words used in the plural include the singular.
The word "person" includes an individual, firm, partnership, association, or corporation.
The word "shall" is always mandatory.
The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
Any reference to a residence or residential district shall be interpreted to mean any district with the word "residential" in its title.
A "building" or "structure" includes any part thereof.
The following words or phrases as used in this chapter are defined as follows:
- AGRICULTURAL DISTRICT
- An area of land approved by the Monroe County Legislature and appropriate state agencies, for commitment to continued agricultural production pursuant to Article 25AA of the Agriculture and Markets Law.
- AVERAGE DENSITY DEVELOPMENT
- A type of development permitted by § 278 of the Town Law, including cluster development and open space subdivision. Refer to § 100-20. 
- BUILDING LOT
- Any parcel of land which is occupied or which is to be occupied by a building and its accessory buildings, if any, together with the required open spaces appurtenant to such building or buildings.
- CONSTRUCTION SPECIFICATIONS FOR LAND DEVELOPMENT
- The regulations entitled "Design Criteria and Construction Specifications for Land Development, Town of Rush," codified as Chapter A125 of the Code of the Town of Rush. These criteria and specifications are regulations which have been adopted by the Town Board of the Town of Rush and include those amendments, additions or deletions which the Town Board shall adopt from time to time by resolution.
- COUNTY ENVIRONMENTAL PLAN
- A plan for the future management of air, water and land resources in Monroe County prepared by the Monroe County Environmental Management Council pursuant to § 47-0107 of the New York State Environmental Conservation Law, as it may be adopted in part or in its entirety by the Monroe County Legislature.
- COUNTY MASTER PLAN
- A comprehensive plan for the development of Monroe County prepared by the Monroe County Department of Planning and adopted in part or in its entirety by the Monroe County Legislature pursuant to § 706 of the Monroe County Charter.
- COUNTY OFFICIAL MAP
- A map established by the Monroe County Legislature, pursuant to § 239-g, § 239-h and § 239-i of the General Municipal Law.
- Authorization by a property owner for the use by another party of any designated part of this property for a specified purpose.
- FINAL PLAT
- Drawings prepared in accordance with § 100-7C and D of this chapter showing definitively a proposed subdivision and plans for related improvements.
- FLOOD LIMITS
- The land-water boundary of a natural watercourse flowing at a frequency defined by the Federal Emergency Management Agency or any other responsible agency.
- FRESHWATER WETLANDS MAP
- A map on which are indicated the boundaries of any freshwater wetlands and which has been filed with the Rush Town Clerk pursuant to the Freshwater Wetlands Act, Article 24 of the New York State Environmental Conservation Law.
- Any parcel subdivided from another parcel and not approved for building.
- Land identified by a tax account number.
- PRELIMINARY PLAT
- A drawing prepared in accordance with § 100-6B of this chapter showing the manner in which a parcel of land is proposed to be subdivided and including preliminary design data for related improvements.
- A change in a map of an approved or filed subdivision plat if such change affects any street layout shown on such map or area reserved thereon for public use, or any change of lot lines.
- SKETCH LAYOUT
- A drawing prepared in accordance with § 100-5C of this chapter showing in sketch form the general manner in which a parcel of land is proposed to be subdivided.
- A right-of-way formally dedicated to the public use or accepted or maintained by the appropriate governmental or municipal body for public use.
- The owner of the land proposed to be subdivided or the owner's agent.
- The division of a parcel of land into two or more lots and/or building lots, with or without streets and including resubdivision.
- TOWN COMPREHENSIVE PLAN
- A Comprehensive Plan for the development of the Town prepared by the Planning Board pursuant to § 272-a of the Town Law.