Town of Rush, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
(12) 
Any environmentally sensitive features, as defined in § 100-11.
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:
[1] 
Basin of 20 square miles: one-hundred-year frequencies.
[2] 
Basin of four to 20 square miles: fifty-year frequencies.
[3] 
Basin of under four square miles: twenty-five-year frequencies
[4] 
Subdivision's drainage: ten-year frequencies.
(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.
(25) 
If located within a special flood hazard area as designated by the Federal Emergency Management Agency, specify special design considerations required by the National Flood Insurance Program and Town.[1]
[1]
Editor's Note: See Ch. 65, Flood Damage Prevention.
(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.
C. 
Preliminary plat review. Preliminary plat review and approval procedures shall be in accordance with § 276 of the Town Law.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
(1) 
Items in § 100-5C(1) and (2).
(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.
(1) 
All items specified in § 100-6A.
(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.
G. 
Final plat review. Final plat review and approval procedures shall be in accordance with § 276 of the Town Law.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.