Whenever any subdivision of land is proposed,
before any change of record title takes place, before any permit for
the erection of a permanent building in such proposed subdivision
shall be granted, and before any subdivision plat may be filed in
the office of the Monroe County Clerk, the subdivider shall apply
for and secure approval of such proposed subdivision in accordance
with the following procedure.
A.
Purpose.
(1)
The purpose of the sketch layout review is to afford
the subdivider an opportunity to consult early and informally with
the Planning Board. During the sketch layout review the subdivider
shall discuss with the Planning Board the general requirements as
to design of streets, reservation of land, Town frontage road policy,
drainage and erosion control and slope stabilization measures, water
retention/detention facilities, sewage disposal, water supply, fire
protection, preservation of significant historical, geological or
scenic sites, preservation of wetlands, and other improvements as
well as procedural matters.
(2)
Subdividers of land adjoining state or county highways
are advised to consult with the District Engineer of the New York
State Department of Transportation or the County Director of Public
Works, respectively, at the sketch layout stage in order to resolve
problems of street openings or stormwater drainage at the earliest
possible stage in the design process. Where public utilities are involved,
the subdivider should contact the appropriate agencies for connection
specifications, capacities and any other requirements of the respective
agencies.
B.
Sketch layout review submission.
(1)
Six copies of the sketch layout shall be submitted to the Town Clerk and shall comply with the requirements set forth in Subsection C of this section.
(2)
The Planning Board will study the sketch layout of
the proposed subdivision in relation to existing or potential development
of adjacent areas and may consult with other interested public agencies.
C.
Specifications for sketch layout. A rough scaled sketch
layout shall be drawn on paper or other suitable material at a standard
scale of not more than 200 feet to one inch. The sketch shall include
the following:
(1)
Name of the proposed subdivision, the name and address
of the subdivider and tax account number(s) of the parcel.
(2)
North point, scale, date and general location map.
The North point should be in the upper right-hand corner of each sheet
and the direction of North should be either to the top of each page
or to the right-hand side of each page.
(3)
Boundaries of the parcel to be subdivided. If the
subdivider intends to develop the parcel in sections, the entire parcel
shall nevertheless be included in the sketch layout with anticipated
sections and timing indicated and estimates of population and dwelling
units by type for each section and an equivalent population estimate
for areas not proposed for residential development.
(4)
Topographic information showing ground contours for
the parcel and parcels adjacent to and within 200 feet of the parcel
to be subdivided at intervals of not more than five feet of elevation.
(5)
Existing buildings, wooded areas, watercourses and
their one-hundred-year flood limits, water bodies, wetlands and adjacent
area. Features to be retained in the subdivision should be so indicated.
(6)
Statement as to proposed source of water supply and
method of sewage disposal.
(7)
The approximate lines of proposed streets, sidewalks,
lots and neighborhood recreation areas or other permanent open space.
(8)
Schematic indication of proposed systems for stormwater
drainage.
(9)
Indication of the zoning of the parcel and any other
legal restrictions on use, and the relationship to Agricultural Districts
and the Town Comprehensive Plan.
(10)
Names of owners of adjacent lands and tax account
numbers, and names of adjacent subdivisions.
(11)
The general soil classification of the entire
parcel proposed for subdivision.
D.
Notification of result of sketch layout review. Following
the submission and review of a complete sketch layout, the Planning
Board will send a written report to the subdivider containing its
comments concerning the design of the proposed subdivision, including,
in appropriate cases, suggestions as to coordination with the design
of adjacent subdivisions or compliance with requirements of other
interested public agencies. Copies of minutes of the relevant meeting
shall be considered sufficient written report.
A.
Application for preliminary plat approval. A preliminary plat shall be prepared and submitted to the Town Clerk for all proposed subdivisions. If not previously filed as a part of a sketch layout review, a letter of transmittal shall be included, providing a clear statement of the subdivider's intent. The type and size of the development shall be outlined as well as specific plans for the development, supporting the "general policy for subdivision design and review" as outlined in § 100-2. Full identification of all individuals, corporations or partnerships making the application, together with a listing of individual owners, shall be included. The application form, environmental assessment form and required fee shall also be submitted.
B.
Specifications for preliminary plat. Fourteen copies
of the preliminary plat and all supplementary material specified shall
be submitted. The preliminary plat shall be drawn on one or more sheets
of tracing material not more than 34 inches by 44 inches in size and
shall be clearly marked as a "preliminary plat." The preliminary plat
shall be drawn at a standard scale not larger than 50 feet to one
inch and shall include the information listed below. If more than
one sheet is required to show the entire parcel, an index map shall
be provided.
(1)
Items in § 100-7C(1), (2), (3), (5), (9),
(10) and (12).
(2)
Drainage.
(a)
A system for stormwater drainage using the following
design levels for stormwater engineering:
(b)
There shall also be submitted a separate drainage report, including calculations of runoff and pipe and channel sizing, clearly indicating the basis of design, the intended method of all stormwater disposal, including final destination, and flood hazard prevention. Design of stormwater retention/detention facilities shall be included in the report. Stormwater drainage systems shall be designed in accordance with Chapter A125, Design Criteria and Construction Specifications, of the Code of the Town of Rush.
(3)
Existing streets immediately adjoining and within
the parcel to be subdivided and the distances to nearest major street
intersection.
(4)
Existing drains, water lines and sanitary sewers nearby
and within the parcel to be subdivided, with their location, size,
type and approximate elevations and gradients, using mean sea level
as datum plane. Existing easements for such facilities should also
be shown as should proposed easements.
(5)
When a private individual sewage disposal system is
to be used on any lot, typical design specifications for each individual
system type shall be submitted. The location for each sewage disposal
system shall be included on the plat map together with well location
if applicable. Percolation test results as administered by the County
Health Department shall be tabulated and submitted for each proposed
sewage disposal system.
(6)
A tracing overlay of all soils areas and their classification,
and those areas, if any, with moderate to high susceptibility to erosion.
(7)
A description and location of existing vegetation.
(8)
A description of methods proposed for handling runoff
during grading and development, including erosion and sedimentation
prevention measures, with the sequence for the installation of such
prevention measures.
(9)
The lines and profiles of proposed streets at suitable
vertical scale, showing finished grades in relation to existing ground
elevation. Proposed street names shall be shown.
(10)
Profiles of proposed driveways with a grade
greater than 5%.
(11)
A preliminary grading plan of the site at a
contour interval of two feet or less, showing locations and approximate
size of cuts and fills and cross section of any final grading steeper
than 3:1, or where the cut or fill will be more than five feet.
(12)
The lines of proposed lots, the acreage and
square footage contained in each lot, and individual lot numbering.
If a proposed lot contains one or more existing buildings the proposed
setbacks for such buildings shall be indicated.
(13)
Any portion of the parcel not proposed to be
subdivided into lots shall be designated as "remaining lands (not
approved for building)."
(14)
The locations, dimensions and development plan
for areas proposed for neighborhood parks or playgrounds, or other
permanent open space within the subdivision.
(15)
A planting plan for street trees, indicating
the location, varieties and minimum size of trees to be planted and
of existing trees to be preserved as street trees.
(16)
The location of any municipal boundary lines,
existing special service district lines, and zoning district lines
within the parcel.
(17)
Location of survey monuments.
(18)
Indications of any nonconforming lots, showing
the required and actual dimensional requirements as applicable as
well as the need for any special permits or variances.
(19)
Indications of type and location of any potentially
hazardous materials of any nature.
(20)
Location and use of water bodies directly affected
by and adjacent to the project and finish or design water levels.
(21)
Indications of requirements of any state or
federal permit.
(22)
Location of buffers required either during or
after construction is completed and reason for buffer and location
of other proposed vegetation.
(23)
Location, size and type of proposed lighting
and anticipated signs.
(24)
Recommendations to alleviate noise and sight
nuisance where they may exist on property adjacent to expressways
or industrial development.
(26)
The draft environmental impact statement (if
required) according to the requirements of the State Environmental
Quality Review Act, Article 8 of the New York State Environmental
Conservation Law, shall be submitted with the preliminary plat.[2]
[2]
Editor's Note: The following original sections, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 79-11, Preliminary Plat Review; § 79-12, County Department of Planning Review, Conservation Board Review and Establishment of a Public Hearing Date; § 79-13, Action by Planning Board; and § 79-14, Notification of Decision.
A.
General provisions. After receiving approval with
or without modification from the Planning Board on a preliminary plat,
the subdivider may prepare the final plat and submit it to the Planning
Board for approval. However, if more than six months have elapsed
between the time of the Planning Board's decision on the preliminary
plat and the submission of the final plat and the Planning Board finds
that conditions have changed significantly in the interim, the Planning
Board may require a resubmission of the preliminary plat for further
review and possible revision prior to accepting the proposed final
plat for review. In such case, a public hearing shall be held on the
revised plan.
B.
Application for final plat approval. The final plat
original plus six copies of the original drawing and other exhibits
shall be submitted at the time of application for final approval.
When submitting a final plat for approval, the subdivider shall also
file with the Planning Board formal offers of dedication to the Town
or other appropriate public agencies of all streets, parks and playgrounds
and other permanent open spaces for community use, as shown in the
final plat. The approval of the final plat does not constitute an
acceptance by the Town of the dedication of those facilities. Also,
all necessary easements for stormwater discharge, sanitary sewer and
water installations, petitions for creation of any needed special
districts, or any other legal documents that are requested by the
Planning Board shall be submitted with the final plat.
C.
Final plat review requirements. The final plat shall
conform substantially to the preliminary plat as approved by the Planning
Board. It shall incorporate any modifications or other features recommended
by the Planning Board at the preliminary plat stage and all such compliances
shall be clearly indicated by the subdivider on the appropriate submission.
If the subdivider ad wishes to develop the subdivision in sections,
he may prepare and subunit a final plat for a portion of the area
encompassed by the preliminary plat, provided the proposed development
sections were indicated on the preliminary plat reviewed by the Planning
Board. A section must encompass at least 10% of the total number of
lots contained in the approved plat. No more than two individual sections
of a subdivision shall be in process or under construction at the
same time. The designated sections submitted shall be accompanied
by the required fees for final plat review.
D.
Specifications for final plat. The final plat shall
be drawn in ink on tracing cloth or material equally acceptable for
filing with the Monroe County Clerk and shall give sufficient survey
data to readily determine the location, bearing and length of all
lines shown thereon to permit the reproduction of such lines upon
the ground. The final plat submission shall be composed of two parts
(final plat map and construction sheet), as described in the sections
that follow.
E.
Final plat map. Unless the Monroe County Clerk specifies
otherwise, the final plat map shall be 17 inches by 22 inches or 22
inches by 34 inches, or 34 inches by 44 inches in size and shall be
drawn at a scale of 50 feet to one inch. Where more than one sheet
is required to show the entire development, a key map showing all
sections shall be provided. The final plat map shall show:
(2)
The boundaries of the subdivision, and names of owners
of adjacent properties. Pursuant to the Monroe County Monumentation
Law, the subdivision boundary shall be referenced from two directions
to established US Coast and Geodetic Survey monuments, NYS Plane Coordinate
monuments, NYS Department of Transportation Control monuments along
expressways or Monroe County Geodetic Survey monuments. In the event
that such monuments have been obliterated, the subdivision boundary
shall be referenced to the nearest highway intersections or previously
established monuments of subdivisions or public lands. Any combination
of types of reference points may be accepted which would fulfill the
requirements of exact measurements from the subdivision boundary to
reference points previously established for or by a public agency.
(3)
The lines of existing and proposed streets and sidewalks
within the subdivision and their names and the lines of existing or
proposed streets and sidewalks on adjoining properties.
(4)
The lines and dimensions of proposed lots, which shall
be numbered. If a proposed lot contains one or more existing buildings,
the setbacks for such buildings shall be indicated. Existing buildings
outside the limits of the plat but within 75 feet of any proposed
street or 25 feet of any proposed lot line shall also be shown.
(5)
The lines and purposes of existing and proposed easements
immediately adjoining and within the subdivision.
(6)
The lines, dimensions and areas in square feet of
all property that is proposed to be reserved by deed covenant for
the common use of the property owners of the subdivision.
(7)
The location of monuments to be placed within the
subdivision.
(8)
The locations of any municipal and zoning boundary
lines within the subdivision.
(9)
Written statements as to:
(a)
The zoning of the property within the subdivision.
(b)
Compliance of the proposed lots with zoning
requirements. If any lots do not comply but are covered by zoning
variances, the statement should include reference to such variances.
If variances are needed, this should be stated along with the nature
of the variances and locations.
(10)
Seal and certification by a New York State licensed
professional land surveyor as evidence of professional responsibility
for the preparation of the record sheet.
F.
Final plat construction sheet. The final plat construction sheet shall be no larger than 34 inches by 44 inches in size and shall be drawn at a scale of 50 feet to one inch and show the information listed below. Where more than one sheet is required to show the entire development, a key sheet shall be provided. All data shown on the construction sheet shall be in accordance with the requirements of the Town Engineer and Chapter A125, Design Criteria and Construction Specifications, of the Code of the Town of Rush.
(2)
Certification by a licensed professional engineer
and/or a New York State licensed land surveyor as evidence of professional
responsibility for the preparation of the construction sheet.
(3)
Provisions for water supply and sewage disposal, including
final individual system designs and corresponding lot locations, together
with final approval signatures by Monroe County Health Department.
(4)
Approved permit for any regulated activity on any
freshwater wetlands or adjacent area pursuant to the Freshwater Wetlands
Act, Article 24 of the New York State Environmental Conservation Law,
shall be submitted with the final plat construction sheet.[1]
[1]
Editor's Note: The following original sections, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 79-21, Public Hearing; § 79-22, Action by Planning Board; § 79-23, Conditional Approval; § 79-24, Recording Final Plat; and § 79-25, Expiration of Approval.
A.
Improvement and letter of credit. After the approval
and recording of the final plat map and before any site improvements
are started or any permits are issued, the subdivider shall follow
the procedure set forth below.
(1)
The subdivider shall either file with the Town Clerk
a certified check to cover the full cost of the required improvements
or the subdivider shall file with the Town Clerk a letter of credit
to cover the full costs of the required improvements. The amount shall
be set by the Town Engineer. Any such letter of credit shall be satisfactory
to the Planning Board, the Town Board and Town Attorney as to form,
sufficiency and manner of is execution. A period of one year (or such
other period as the Planning Board may determine appropriate, not
to exceed three years) shall be set forth within which required improvements
must be completed.
(2)
At least five days prior to commencing construction
of required improvements, the subdivider shall notify the Town Engineer
and Town Clerk in writing of the time when he proposes to commence
construction of such improvements so that the Town Engineer may cause
inspection to be made to assure that all Town specifications and requirements
shall be met during the construction of required improvements and
to assure the satisfactory completion of improvements and utilities
required by the Planning Board.
(3)
If the Town Engineer shall find, upon inspection of
the improvements performed before the expiration date of the letter
of credit, that any of the required improvements have not been constructed
in accordance with plans and specifications filed by the subdivider,
he shall so report to the Town Board, Code Enforcement Officer and
Planning Board. The Town Board then shall notify the subdivider and,
if necessary, take steps to preserve the Town's rights under the letter
of credit.
(4)
The required improvements shall not be considered
to be completed until the installation of the improvements has been
approved by the Town Engineer and a record map has been submitted
indicating the location of all improvements as actually installed,
including elevations.
Before acceptance of the dedication of any streets,
a New York State licensed professional land surveyor must certify
that monuments have been placed where indicated on the record map.
