A.Â
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.
B.Â
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
The following rules of construction of language shall
apply to the text of this chapter:
(1)Â
Words used in the present tense include the future
tense.
(2)Â
Words used in the singular include the plural, and
words used in the plural include the singular.
(3)Â
The word "person" includes an individual, firm, partnership,
association, or corporation.
(4)Â
The word "shall" is always mandatory.
(5)Â
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."
(6)Â
Any reference to a residence or residential district
shall be interpreted to mean any district with the word "residential"
in its title.
(7)Â
A "building" or "structure" includes any part thereof.
B.Â
AGRICULTURAL DISTRICT
AVERAGE DENSITY DEVELOPMENT
BUILDING LOT
CONSTRUCTION SPECIFICATIONS FOR LAND DEVELOPMENT
COUNTY ENVIRONMENTAL PLAN
COUNTY MASTER PLAN
COUNTY OFFICIAL MAP
EASEMENT
FINAL PLAT
FLOOD LIMITS
FRESHWATER WETLANDS MAP
LOT
PARCEL
PRELIMINARY PLAT
RESUBDIVISION
SKETCH LAYOUT
STREET
SUBDIVIDER
SUBDIVISION
TOWN COMPREHENSIVE PLAN
The following words or phrases as used in this chapter
are defined as follows:
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.
A type of development permitted by § 278 of the Town Law, including cluster development and open space subdivision. Refer to § 100-20.
[1]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.
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.
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.
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.
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.
The land-water boundary of a natural watercourse flowing
at a frequency defined by the Federal Emergency Management Agency
or any other responsible agency.
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.
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.
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.
A Comprehensive Plan for the development of the Town prepared
by the Planning Board pursuant to § 272-a of the Town Law.
