Town of Parma, NY
Monroe County
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Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the procedures set forth in this article. For the purpose of this article, the term "subdivision" shall include one-lot subdivisions unless otherwise noted.
A. 
Developers may contact the Town Clerk and Building Department for "information and direction" relating to subdivisions, building, sanitary and storm sewer installations, application for hearings, and related fees.
B. 
Where utilities are to be connected into the facilities of other agencies such as water transmission mains or trunk sewers under the jurisdiction of others, the developer and his engineer shall be responsible for contacting such agencies directly to determine such regulations as may be in effect and to determine the capacity of these facilities to handle the loadings to be imposed upon them by the new development.
C. 
The subdivider may also consult with the Planning Board regarding the project. The purpose of this consultation is to provide the subdivider with an indication of the Planning Board's feelings regarding a project before the subdivider commits funds for design and engineering. Should the subdivider wish to avail himself of this opportunity, the procedure shall be as follows:
(1) 
The subdivider shall notify the Clerk of the Planning Board at least seven days prior to the next meeting that he wishes to have his project placed on the agenda.
(2) 
The subdivider will be placed on the next meeting's agenda and will be heard after all applications, both new and tabled, are considered.
(3) 
No formal vote will be taken on the proposed project. Should a majority of the members indicate that they are favorably inclined towards the project, the subdivider shall not take this as an indication that either final or preliminary approval will ultimately be given, as this can only happen when all of the information required for preliminary or final approval is provided.
A. 
When filing an application for approval of a subdivision, the subdivider shall prepare a sketch plan of the proposed subdivision in accordance with the specifications of Article V of these regulations.
[Amended 9-7-2010 by L.L. No. 1-2010]
B. 
Submission. Ten copies of the sketch plan shall be submitted to the Clerk of the Planning Board at least seven days prior to the next regular meeting of the Planning Board. The sketch plan shall be accompanied by the appropriate application fee.
[Amended 9-7-2010 by L.L. No. 1-2010]
C. 
Meeting with Planning Board. The subdivider or his representative shall attend the Planning Board meeting and be prepared to discuss the requirements of the subdivision concerning street improvements, drainage, sewage disposal, water supply, fire protection and other pertinent aspects.
D. 
Referrals. The Planning Board shall refer the sketch plan to the Conservation Board and, at its discretion, may refer the sketch plan to the Town Engineer, Code Enforcement Officer, Superintendent of Highways, Monroe County Planning Department or any other appropriate agency for review and comment. The subdivider shall be responsible for distribution of materials to the various reviewers as directed by the Planning Board or its representative.
E. 
Applicant to be informed of Planning Board review. Within 45 days of the meeting described in Subsection C above, the Planning Board shall inform the applicant of its comments and recommendations regarding the sketch plan. Under no circumstances shall the applicant construe a favorable indication as meaning that preliminary or final approval will be granted.
A. 
Within six months of the conceptual review, the subdivider shall file an application for the approval of a preliminary plat. The preliminary plat shall be prepared in accordance with the specifications of Article V of these regulations. For one-lot subdivisions, the preliminary plat data shall be prepared in accordance with Article V, § 130-17.
[Amended 9-7-2010 by L.L. No. 1-2010]
B. 
Submission. Ten copies of the preliminary plat shall be submitted to the Clerk of the Planning Board together with a completed application form and appropriate application fee. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
[Amended 4-18-2000 by L.L. No. 1-2000; 9-7-2010 by L.L. No. 1-2010]
C. 
Date officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Clerk of the Planning Board.
D. 
Referrals and reviews. At the time of application the subdivider shall submit copies of the preliminary plat and other materials to the following agencies and reviewers. The failure of the subdivider to distribute these materials in a timely manner shall constitute an incomplete application.
(1) 
The subdivider shall send two copies of the preliminary plan and other materials as may be required to the Town Engineer. In no event shall this submittal be less than two weeks before the Planning Board review of the preliminary plat or public hearing.
(2) 
If county review is required pursuant to § 239-n of the Town Law, or as directed by the Planning Board, the subdivider shall send the appropriate number of copies to the Monroe County Planning Department.
[Amended 4-18-2000 by L.L. No. 1-2000]
(3) 
Any other reviews and referrals as may be required by the Planning Board.
E. 
Upon submission in proper form, the Clerk of the Planning Board shall:
(1) 
Schedule a public hearing in accordance with § 276, Subdivision 5, of the Town Law.
[Amended 4-18-2000 by L.L. No. 1-2000]
(2) 
Send a copy of the application, environmental assessment form and environmental impact statement, if any, and one copy of the preliminary plat, to the Town Conservation Board.[1]
[Amended 4-18-2000 by L.L. No. 1-2000]
(3) 
Send one copy of the preliminary plat to the Superintendent of Highways for review and comment as appropriate or as directed by the Planning Board.
(4) 
Send one copy of the preliminary plat to the Code Enforcement Officer for review and comment as appropriate or as directed by the Planning Board.
F. 
Conservation Board Review. Upon receipt of the preliminary plat and other required materials, the Conservation Board shall place the subdivision on the agenda of its next meeting. The Conservation Board may require the subdivider to attend this meeting and answer questions regarding the subdivision. Upon completion of its review, the Conservation Board shall notify the Planning Board of its recommendations regarding the project. In order to be considered by the Planning Board, the report from the Conservation Board shall be received within 30 days of the receipt of the application by the Conservation Board.
G. 
Public hearing. A public hearing shall be held and notice of the hearing shall be given in accordance with § 276, Subdivision 5, of the Town Law.
[Amended 4-18-2000 by L.L. No. 1-2000]
H. 
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Comprehensive Plan, Chapter 165, Zoning, and the Official Map, if such exists. The subdivider shall attend the Planning Board meetings as necessary to discuss the preliminary plat.
I. 
Action by Planning Board. The Planning Board shall follow the procedures of Town Law § 276 to approve, approve with conditions or disapprove the final plat.
[Amended 4-18-2000 by L.L. No. 1-2000]
A. 
Within six months of approval of the preliminary plat, the subdivider shall submit a plat and supporting information in final form in accordance with the provisions of Article V of this chapter, and in accordance with the requirements of the Town Design Criteria and Construction Specifications. For one-lot subdivisions, final plat data shall be in accordance with Article V, § 130-17, and as may be required by the Town Design Criteria and Construction Specifications.
[Amended 9-7-2010 by L.L. No. 1-2010]
B. 
Submission. The original and eight copies of the final plat, an application form and fee, copies of all offers of cession, covenants and easements, and two prints of all construction drawings shall be submitted to the Clerk of the Planning Board.
[Amended 9-7-2010 by L.L. No. 1-2010]
C. 
Endorsement of state and county agencies. The final plat shall contain all required endorsements and approvals from state and county agencies, including the Monroe County Health Department, before consideration will be given for final approval.
D. 
Date officially submitted. The time of submission of the final plat shall be considered to be the date on which the application for final plat approval, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Clerk of the Planning Board.
E. 
Referrals and reviews. At the time of application the subdivider shall submit copies of the final plat and other required materials to the following agencies and reviewers. The failure of the subdivider to distribute these materials in a timely manner shall constitute an incomplete application.
(1) 
The subdivider shall send two copies of the final plat, two copies of the required construction drawings and any other materials as may be required to the Town Engineer. In no event shall this submittal be less than two weeks before the Planning Board review of the final plat.
(2) 
Any other reviews and referrals as may be required by the Planning Board.
F. 
Upon submission in proper form, the Clerk of the Planning Board shall place the subdivision on the agenda of the next Planning Board meeting.
G. 
The Planning Board shall follow the procedures of Town Law § 276 to approve, approve with conditions or disapprove the final plat.
[Amended 4-18-2000 by L.L. No. 1-2000]
For a resubdivision, the same procedures, rules and regulations apply as for a subdivision.
A. 
The Planning Board is empowered to modify applicable provisions of Chapter 165, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, the application would benefit the town.
B. 
The application of this procedure shall result in a permitted number of building plots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 165, Zoning, and all other applicable town and state requirements, including floodplain and wetland regulations.
C. 
In the case of a residential plat or plats, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached or attached structures.
D. 
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. The Town Board may require that such condition shall be approved by the Town Board before the plan may be approved for filing.
E. 
A subdivider or the Planning Board may request the use of § 278, in which case the subdivider shall present along with the proposal in accordance with the provisions of § 278, a conventional sketch plat which is consistent with all the criteria established by these regulations and Chapter 165, Zoning.
F. 
Upon determination of the Planning Board that such proposal is suitable for application under § 278, the applicant may proceed with his application for subdivision review.
G. 
Zoning requirements specifically relating to setbacks and buffering shall apply to the land bordering neighboring parcels of land.
H. 
In order to be eligible for a § 278 application, a minimum of 20% of the subject parcel should be preserved as open space or other suitable form. This requirement may be waived depending upon location and the significance of the land to be preserved.
I. 
The Planning Board is empowered to require the utilization of the provisions of § 278 of the Town Law in subdivision approval applications. Such applications may be required when:
(1) 
The subdivision consists of 40 or more acres.
(2) 
The subdivision consists of 50 or more lots.
(3) 
The subdivision is adjacent to previously preserved open space.
(4) 
The subdivision contains or is adjacent to significant environmental features.
(5) 
An open area is needed for a buffer zone.
(6) 
A linear strip is needed to add to existing or future trail systems.
(7) 
As specified by the Town Comprehensive Plan.
J. 
On the filing of a plat in the office of the County Clerk in which § 278 has been used, the subdivider shall file a copy with the Town Clerk who shall make appropriate notations and reference thereto on the Official Zoning Map.
A. 
Improvements and letter of credit. Prior to an action by the Planning Board approving a final plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate town departments, all the street, sanitary and other improvements specified in the action approving said plat, or, as an alternative, to file with the Town Board a letter of credit, in an amount estimated by the Town Engineer with the approval of the Town Attorney, to secure to the town the satisfactory construction and installation of the incomplete portion of the required improvements. All procedures and requirements for letters of credit shall be in accordance with the Town Design Criteria and Construction Specifications.
B. 
Inspection of improvements. The town shall provide suitable inspectors to act as agents of the Planning Board for the purpose of assuring a satisfactory completion of improvements required by the Planning Board. The applicant shall pay the costs of such inspection, as determined by the Board, before the subdivision plat is signed for filing if the subdivision plat is constructed prior to filing. If the subdivision plat is authorized for filing prior to construction, the letter of credit shall include anticipated costs of construction, and the release of such funds not authorized until the inspection costs are paid. If the Planning Board or its agents find, upon inspection, that any of the required improvements have not been constructed in accordance with approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
C. 
A district must be formed for sanitary sewers, storm sewers and streetlighting. Water main districts are not necessary if Monroe County Water Authority agrees to accept and maintain water supply facilities.
D. 
All maintenance bonds and warranty bonds shall be established according to the Design Criteria and Construction specifications.
E. 
Insurance.
(1) 
Insurance riders or policies shall be filed with the town, in a form approved by the Town Attorney, as follows:
(a) 
Workmen's compensation.
(b) 
Public liability: $1,000,000 for one death and not less than $3,000,000 for each incident or accident.
(c) 
Property damage: $300,000.
(2) 
The owner or contractor shall at all times agree to indemnify and save harmless the town, its officers and agents against injuries, damages and compensations other than its neglect.
F. 
Offers of cession. No action shall be taken by the Board except to disapprove a proposed subdivision or any application for final approval of such subdivision unless there is submitted therewith an offer of cession of all streets and parks and other recreation areas and any other required easements or conveyances, such offer to remain binding on the subdivider and owner of the premises, their heirs and assigns until acceptance by the proper municipal authority or until application for a resubdivision is approved. The offers of cession shall receive approval of the Town Attorney before final approval of the plat.
G. 
Filing of approved plat.
(1) 
Upon completion of the requirements of this article, the subdivider may file the plat in the office of the Monroe County Clerk. Any such plat not filed or recorded within 62 days of the date upon which the plat is approved, or considered to be approved by failure of the Planning Board to act, shall become null and void.
[Amended 4-18-2000 by L.L. No. 1-2000]
(2) 
No changes, erasures, modifications or revisions shall be made on any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board for modification and the Board approves such modification. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
(3) 
Prior to the actual filing of the approved plat containing all signatures, the subdivider shall furnish the Clerk of the Planning Board with three blue-line prints of the plat.
H. 
Dedication procedure.
(1) 
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the town of any street, easement, right-of-way, park land or other open space shown on the subdivision plat.
(2) 
An offer of dedication of any street, highway or right-of-way, or any park land, playground area, easement or conservation area, or any utility or improvement thereof, by a subdivider shall be subject to approval by the Town Board and as to form by the Attorney for the town.
(3) 
If a road or street intended for dedication is part of a subdivision development, consideration for dedication of said road or street or portion thereof will be made only and after the following conditions have been met:
(a) 
That the development as originally approved by the Planning Board is substantially completed and at least 75% of the homes or other planned structures are completed and occupied.
(b) 
That the standards set forth in the Town Design Criteria and Construction Specifications for all improvements have been met and approved by the Town Engineer.
(c) 
The town will require security for the entire road or portion thereof or other improvements in the form of a letter of credit and a maintenance bond in an amount and for a length of time to be established by the Town Board and the Town Engineer.
(d) 
That when a subdivision has received town approval to be developed and constructed in phases, a road or street in a single phase of the development that is substantially completed may be considered for dedication at that time.
I. 
Time of construction. Upon completion of the required improvements, or upon posting of a letter of credit as provided in these regulations, and after approval and filing of the final plat, the subdivider may initiate land sales or construction of the subdivision.
J. 
As-built drawings. Upon completion of the required improvements, the initial plans shall be modified to reflect as-built conditions, and the subdivider shall submit three blue-line prints of such drawings to the Clerk of the Planning Board.