A.
This chapter is adopted under the authority provided to the Town
of Rochester by the New York State Town Law, Municipal Home Rule Law
and the State Environmental Quality Review Act.
B.
The Town of Rochester Planning Board shall be authorized and empowered
to approve preliminary and final plans of subdivisions showing lots,
blocks, or sites, with or without streets or highways, within the
Town of Rochester, pursuant to § 276 of the Town Law.
C.
The Planning Board shall be also authorized and empowered to approve
the development of those plans, filed in the office of the County
Clerk prior to August 21, 1962, where 20% or more of the lots are
unimproved unless existing conditions such as poor drainage have prevented
their development.
D.
The Planning Board shall be further authorized and empowered, pursuant
to § 278 of the Town Law pertaining to cluster development
and simultaneously with the approval of a plan or plans, to modify
applicable provisions of the Town of Rochester Zoning Law,[1] subject to conditions set forth in § 278 and
later herein.
E.
The regulations that follow have been adopted by the Town Board of the Town of Rochester as local law pursuant to the authority of the New York State Municipal Home Rule Law. They repeal Subdivision Regulations enacted by the Town Board on August 21, 1962. Section 276.5(a) of New York State Town Law is hereby specifically superseded so as to permit exemption of certain subdivisions from the requirement to file plans for Planning Board approval, pursuant to § 125-18 hereof. The definition of subdivision is also superseded to encompass divisions of lands for purposes of immediate or future sale, lease, partition by the court for distribution to heirs or divisees, transfer of ownership, building or lot development. Finally, the requirement for final plans to be submitted within six months of preliminary approval is superseded to provide for extensions of up to three years for this purpose for all phases.
This chapter is adopted for the following purposes:
A.
Promoting the orderly growth and development of the Town in accordance
with the Town of Rochester Comprehensive Plan.
B.
Affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, health and safety of Town residents.
C.
Minimizing foreseeable maintenance and improvement problems as well
as economic burdens associated with development of land.
D.
Conserving the Town's natural resources and protecting its attractive
environment so as to maintain property values and otherwise provide
for the general welfare of residents of the Town of Rochester.
A.
Regardess of whether or not any formal conveyance by metes and bounds
shall be made, when any subdivision of land is proposed and before
any offer is made to sell any part or all of a subdivision and before
any permit for the erection of any structure in such subdivision shall
be issued or any grading, clearing, construction or other improvements
shall be undertaken, the subdivider or his authorized agent shall
first obtain the appropriate approval of the proposed subdivision
in accordance with the requirements of this chapter.
B.
It shall further be the obligation of each prospective purchaser
or developer of a lot which forms any part of a subdivision to ensure
that appropriate subdivision approval has been obtained. In the absence
of such subdivision approval, a prospective purchaser shall not commence
the erection of any structure on such lot, nor commence any grading,
clearing, construction or other improvements.
C.
The regulations of this chapter shall not apply to natural subdivisions or lot improvements as provided for herein (see § 125-18). The Planning Board shall be authorized, where requested and for legal recording purposes, to indicate in writing on any qualifying plan presented that "These plans are acknowledged by the Town of Rochester, and for recording purposes only, to represent an exempt lot improvement in accord with § 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given." No plan so submitted, however, shall indicate that a subdivision is being created or approved through action of the Planning Board.
D.
All complete applications filed prior to the effective date of this
chapter shall be reviewed pursuant to regulations in effect prior
to amendment. An application shall be considered complete for these
purposes when a public hearing on the same has been scheduled or completed.
A.
The provisions of this chapter, in their interpretation and application,
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
B.
This chapter is not intended to interfere with, abrogate, or annul
any other law, rule or regulation statute or provision of law. Where
any of the provisions of these regulations impose restrictions different
than any other law, rule or regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control. This chapter, however, shall repeal and replace in
their entirety the Subdivision Regulations approved by the Town Board
on August 21, 1962, including all amendments thereto preceding the
enactment of this chapter as local law.
C.
If any part or provision of these regulations is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in application to the part or provision directly on which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this chapter or the application thereof to other
persons or circumstances. The Town hereby declares that it would have
enacted the remainder of these regulations even without such part
or provision or application.
A.
Applications for waivers or modifications of standards or procedures
shall be submitted verbally or in writing by the subdivider at the
time the preliminary plan is filed. The Planning Board may require
such applications to be in writing in the case of significant waivers
or modifications. The application shall state fully the grounds on
which it is made, the specific waiver or modification requested, the
suggested alternative standard and the reasons why this alternative
standard will achieve comparable protection of health and safety to
the standards contained herein.
B.
The Planning Board may, by resolution, authorize a waiver or modification
of the regulations of this chapter when, in its opinion, unreasonable
restriction will result from strict compliance, the requirements are
clearly not applicable or an alternative standard will achieve improved
protection of health and safety compared to the standards herein.
Such resolution shall articulate the specific reasons for such waiver
or modification and demonstrate good cause.
C.
Any resolution by the Planning Board authorizing a waiver or modification
of these regulations shall include the basis for its finding that
unreasonable hardship will result from strict compliance with this
chapter and that the waiver or modification is justified by benefits
accruing to the community.
D.
In authorizing a waiver or modification, the Planning Board shall
attach conditions and require such guarantee or bond as it may deem
necessary to assure compliance with the objectives of these regulations.
No waiver shall be granted which would substantially change the character
of an area or compromise the purposes of these regulations.
Any person or persons jointly or severally aggrieved by the
decision of the Planning Board or Town in regard to the administration
of this chapter may apply to the Supreme Court for review under Article
78 of the civil practice laws and rules.
A.
Any person who shall lay out, construct or open any street, sanitary
sewer, storm sewer, water main or other improvements for public use,
travel, or other purposes or for the common use of occupants of buildings
located or abutting thereon, or who sells, transfers, rents, leases,
conveys by other means, or agrees or enters into an agreement to do
the same with any land in a subdivision, unless and until a final
plan has been prepared, approved and recorded in full compliance with
the provisions of this chapter, shall be deemed to have committed
a violation of this chapter and shall be liable for such violation.
B.
Any person found in violation of this chapter shall be subject to
a fine not exceeding $350 per lot, parcel or dwelling. All fines collected
for such violations shall be paid over to the Town of Rochester.
C.
Each day that a violation continues shall be a separate violation,
but nothing herein shall require the Town to post separate notice
each day that a violation continues.
D.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
E.
The Town shall be authorized to initiate and maintain a civil action
to obtain a writ of injunction against subdividers who attempt the
improper sale, lease, or conveyance of land, or to set aside and invalidate
any conveyance of land made prior to Town approval. It shall take
other action as necessary to prevent or remedy any violation.
Amendments to this chapter shall be made pursuant to the New
York State Municipal Home Rule Law. Also, should provisions of New
York State Town Law be amended to require actions different from those
specified herein, the state requirements shall prevail.
This chapter shall be effective immediately upon enactment.
