The following procedures and requirements shall apply to minor
subdivisions only (see definitions). All other subdivisions and resubdivisions,
regardless of the total number of lots involved, shall be processed
as major subdivisions according to the procedures and requirements
specified herein.
A.
Sketch plan required. Submission of a sketch plan showing existing
site features and a tentative layout of the subdivision shall be required
as part of the plan approval process for all minor subdivisions. The
Planning Board shall use the sketch plan for determining whether the
subdivision is located in an agricultural district. Metes and bounds
descriptions of lots shall not be required. The Planning Board may
also require the submission of such a sketch plan or alternate sketch
plans depicting different development concepts for a property.
B.
Application. Any person proposing to create a minor subdivision shall
submit along with plans required below, an application for minor subdivision
approval. This application shall be accompanied by:
(1)
The name, address and telephone number of the property owner of record
and those of the subdivider, if different.
(2)
The name or number of the road where the proposed subdivision is
to be located.
(3)
The name, address and telephone number of the surveyor or engineer
preparing the subdivision plans.
(4)
The type of water supply proposed.
(5)
The type of sewer system proposed.
(6)
The required fee or receipt for the same from the Planning Board
Secretary.
(7)
A completed Environmental Assessment Form as required by SEQRA.
(8)
An agricultural data statement, if applicable.
(9)
A copy of the filed deed or easements for the parcel(s) may be required
by the Planning Board.
(10)
All rights-of-way, easements, accesses and improvements, both
existing and proposed, and any site features or known environmental
constraints that could have a bearing on the project including the
general topography, floodplain, wetlands, bodies of water, and existing
ground cover. Aerial photography may also be required.
C.
Final plan. The subdivider shall submit seven copies of a final plan
and required supplementary data for the proposed subdivision. This
plan shall be prepared by a professional engineer or surveyor and
shall show all the lots proposed to be created. The final plan shall
meet the following requirements:
(1)
The subdivision plan shall, ordinarily, be not less than 24 inches
by 36 inches nor more than 36 inches by 48 inches in size.
(2)
The names of all abutting property owners and the size of any remaining
acreages in the tract from which lots are being taken shall be shown.
(3)
The plan shall contain the following information:
(a)
The name of the municipality, name of the owner of record, and
parcel address;
(b)
Zoning district and a chart illustrating the minimum development
standards of that district from the Schedule of Use;
(c)
North Point and graphic scale;
(d)
Original plan date and any subsequent revision dates;
(e)
Blank approval blocks for the Town Planning Board signatures
shall appear on every sheet of the set of plans.
(4)
Soil types found on the site shall be shown unless the lots involved
are lot improvements or contain existing sewage systems. Soil Conservation
Service classifications shall be used. Topography may be required
at the discretion of the Planning Board on smaller lots. Alternatively,
the Planning Board may accept a Waste Disposal System permit from
the Ulster County Board of Health or a written statement from a licensed
engineer certifying the parcel will be able to support a sewage system.
(5)
Existing public roads shall be identified by traffic route numbers
and private roads by their posted names and numbers.
(6)
Proposed lot or parcel lines shall be drawn to scale and dimensions
given in feet and hundredths of a foot. Lot areas shall be shown in
acres or square feet. The plan shall depict the proposed subdivision
as a part of the contiguous holdings of the subdivider, and show adjacent
lots already taken from the parcel.
(7)
Such other pertinent information as may be required on a checklist
to be developed and adopted by the Planning Board and updated from
time to time by resolution.
D.
Soil tests. Documentation as may be required by the Ulster County
Department of Health or the Town of Rochester Planning Board, along
with a soils evaluation by the test pit method and/or other required
supplemental data relating to sewage disposal shall be submitted.
The Town of Rochester Planning Board shall be authorized to require
such information for any subdivision where the lot sizes proposed,
published soil data or other information suggests testing is warranted
as a matter of public health.
E.
Street encroachment permits. A completed application to the Rochester
Highway Superintendent, the State Department of Transportation or
County Department of Public Works, as the case may be, for a street
encroachment permit, shall also be required.
F.
Public hearing. The Planning Board shall conduct an environmental
review pursuant to SEQRA and make a determination with respect to
environmental impacts upon receipt of a completed final plan. For
the purposes of this code, a subdivision application 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.
(1)
Should the Board determine a positive declaration and an environmental
impact statement be required, it shall proceed in the manner provided
by New York State Town Law § 276.
(2)
Should the Board determine a negative declaration, within 62 days
of the receipt of a complete final plan by the Planning Board Secretary,
the Planning Board shall hold a public hearing.
(3)
Notice of hearing. Such hearing shall be advertised at least once
in a newspaper of general circulation in the Town at least five days
prior to the hearing and providing such other notice using the same
notice used in the public advertisement, to all property owners within
500 feet of the parcel boundaries as identified in the latest tax
assessment records of the Town of Rochester, including those for properties
on the opposite side of any public or private road. Such notice shall
be given by the Town at the expense of the applicant by regular mail
postmarked at least seven calendar days in advance of such hearing.
Such notice shall explain the approval requested and the rights of
all landowners to both subdivide land and offer public input on applications.
The Planning Board shall be authorized to waive this requirement where
it is determined by the Board that adjoiners have otherwise been afforded
reasonable notice of such hearing as evidenced by their appearance
at or knowledge of such hearing. No hearing shall be delayed where
the Board determines the Town has made reasonable attempts to notify
all interested parties as provided herein. The hearing shall be closed
on motion of the Planning Board within 120 days after it is opened
unless extended by mutual agreement of the Town and the applicant.
G.
Action on final plan. The Planning Board shall, by resolution, conditionally
approved with or without modification, disapprove or grant final approval
and authorize signing such plan within 62 days of the close of the
public hearing.
H.
Certification, filing and signing of final plan. Within five business
days of the adoption of the resolution granting conditional or final
approval of the final plan, such plan shall be certified by the Secretary
as having been granted conditional or final approval and a copy of
such resolution and plan shall be filed in such Secretary's office
and with the Town Clerk and shall be mailed to the subdivider. In
the case of a conditionally approved plan, such resolution shall include
the requirements which, when completed, will authorize the signing
thereof. Upon completion of such requirements, the plan shall be signed
by a duly authorized officer of the Planning Board and filed with
the Secretary.
I.
Time limits on conditional approvals. A conditional approval of a
final plan shall expire 180 days after such approval unless all conditions
are satisfied and certified as completed. This period may be extended
for periods of 90 days upon written request of the subdivider, where
particular circumstances so warrant in the judgment of the Planning
Board. No plan shall be signed by the Chair of the Planning Board
until such time as all conditions are documented as satisfied, including
approvals of other agencies as may be required.
J.
Approvals by default. In the event the Planning Board fails to take
action on a plan within the time periods prescribed herein or within
such extended periods as may have been established by mutual consent
of the subdivider and Planning Board, the subdivider shall be entitled
to an approval by default pursuant to New York State Town Law.
K.
Recording of final plans. All final plans shall be filed in the office
of the County Clerk within 62 days of approval, subject to the provisions
of § 276 of the Town Law. Three filed copies shall be returned
to the Planning Board. Three copies of any filed deed agreements such
as a road maintenance agreement shall also be returned to the Planning
Board.
L.
County review. Applications for preliminary or final plan approval
shall, where Ulster County has assumed such review authority, be subject
to referral to the county pursuant to §§ 239-k and
239-n of the General Municipal Law, if located within 500 feet of:
(1)
The Town boundaries; or
(2)
The boundaries of any existing or proposed county or state park or
other recreation area; or
(3)
The right-of-way of any county or state highway; or
(4)
The right-of-way of any existing or proposed stream or drainage channel
owned by the county or for which the county has established channel
lines; or
(5)
The boundary of any existing or proposed county or state land on
which a public building or institution is situated; or
(6)
The boundary of a farm operation in an agricultural district.
M.
Neighboring municipality notification. Notice shall, as required
by § 239-nn of the General Municipal Law, be given to an
adjacent municipality (town or village) whenever a public hearing
is held by the Town of Rochester Planning Board regarding a subdivision
review and approval on property that is within 500 feet of such adjacent
municipality. Such notice shall be given by mail or electronic transmission
to the clerk of the adjacent municipality at least 10 days prior to
any such hearing. Such adjacent municipality may appear and be heard.
Major subdivision plan submissions shall be subject to SEQRA
review and be processed as follows:
A.
Sketch plan required. Submission of a sketch plan as provided herein
shall be required as part of the preliminary plan approval process
for all major subdivisions. This plan shall be used to determine whether
the subdivision will involve other agencies and make a preliminary
classification of the subdivision as a Type I or Unlisted SEQRA action.
The Planning Board shall also use the sketch plan for purposes of
determining lead agency status, arranging and conducting a site inspection
of the property and establishing whether the subdivision is located
in an agricultural district. A sketch plan shall be considered filed
at the first regular meeting of the Planning Board following the Secretary's
receipt of the plan and such determinations as are made with respect
to the plan shall be made within 62 days of said meeting. The Planning
Board may also require the submission of such a sketch plan or alternate
sketch plans depicting different development concepts for a property.
B.
When Planning Board is not lead agency or determines an EIS is required.
Should the Planning Board not assume lead agency responsibilities
in the SEQRA review of the subdivision, or should an environmental
impact statement be required, the provisions contained herein pertaining
to public hearings, notices and decisions shall be modified as provided
in § 276 of the Town Law.
C.
When Planning Board is lead agency and no EIS is required. If the
Planning Board acts as lead agency, it shall hold a public hearing
within 62 days of determination of a complete preliminary plan. For
the purposes of this code, a subdivision application 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. Such hearing shall be advertised at least once
in a newspaper of general circulation in the Town at least five days
prior to the hearing and such other notice shall be provided as the
Board may deem appropriate. The hearing shall be closed on motion
of the Planning Board within 120 days after it is opened.
D.
Notice to adjacent property owners. Notices of major subdivision
hearings shall be provided, by the applicant, using the same notice
used in the public advertisement, to all property owners within 500
feet of the parcel boundaries as identified in the latest tax assessment
records of the Town of Rochester, including those for properties on
the opposite side of any public or private road. Such notice shall
be given by the Town at the expense of the applicant by regular mail
postmarked at least seven calendar days in advance of such hearing.
Such notice shall explain the approval requested and the rights of
all landowners to both subdivide land and offer public input on applications.
The Planning Board shall be authorized to waive this requirement where
it is determined by the Board that adjoiners have otherwise been afforded
reasonable notice of such hearing as evidenced by their appearance
at or knowledge of such hearing. No hearing shall be delayed where
the Board determines the Town has made reasonable attempts to notify
all interested parties as provided herein.
E.
Action on preliminary plan. The Planning Board shall approve, with
or without modifications, or disapprove the preliminary plan within
62 days of the close of the public hearing.
F.
Grounds for action. The grounds for modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board. When so approving a preliminary plan, the Planning Board shall
state in writing any modifications it deems necessary for submission
of the final plan.
G.
Preliminary plan certification. Within five business days of the
approval of any preliminary plan, such plan shall be certified by
the Secretary as approved and a copy of the plan and approval resolution
shall be filed in the Secretary's office with a copy of the resolution
provided to the subdivider and also filed in the office of the Town
Clerk. Disapproval resolutions shall be filed and mailed in the same
manner.
H.
Time to submit final plan. Except for phased plans as provided under New York State Town Law, the subdivider, within three years of the approval of the preliminary plan, shall install or, pursuant to § 125-16, financially guarantee all subdivision improvements and submit the plan in final form as provided herein. Preliminary plan approval shall expire if a final plan is not submitted within three years, unless the Planning Board shall have granted an extension of the preliminary approval based upon a phasing plan set forth as provided for submission of final plans by section provided that no preliminary plan shall remain valid if a final plan(s) for all phases has not been submitted within three years.
I.
Action on final plan. When the final plan is in substantial agreement
with the preliminary plan, the Planning Board shall, by resolution,
conditionally approve with or without modification, disapprove, or
grant final approvals and authorize signing of such plan within 62
days of its receipt by the Secretary. No additional public hearing
shall be required. When the final plan is not in substantial agreement
with the preliminary plan, the preliminary plan procedures shall apply
to a final plan insofar SEQRA review, public hearing, notices and
decision.
J.
Certification, filing and signing of final plans. Within five business
days of the adoption of the resolution granting conditional or final
approval of the final plan, such plan shall be certified by the Secretary
as having been granted conditional or final approval and a copy of
such resolution and plan shall be filed in such Planning Board office
and with the Town Clerk and shall be mailed to the subdivider. In
the case of a conditionally approved plan, such resolution shall include
the requirements which, when completed, will authorize the signing
thereof. Upon completion of such requirements the plan shall be signed
by a duly authorized officer of the Planning Board, filed with the
Secretary.
K.
Final plans by section. The Planning Board may permit any subdivision
for which preliminary plan approval has been granted to be submitted
in sections for final plan approval. Phasing plans may be required
for larger subdivisions.
L.
Time limits on conditional approvals. Except for phased plans as
provided under New York State Town Law, a conditional approval of
a final plan shall expire 180 days after such approval unless all
conditions are satisfied and certified as completed. This period may
be extended for periods of 90 days upon written request of the subdivider,
where particular circumstances so warrant in the judgment of the Planning
Board. No plan shall be signed by the Chair of the Planning Board
until such time as all conditions are documented as satisfied, including
approvals of other agencies as may be required.
M.
Approvals by default. In the event the Planning Board fails to take
action on a plan within the time periods prescribed herein or within
such extended periods as may have been established by mutual consent
of the subdivider and Planning Board, the subdivider shall be entitled
to an approval by default pursuant to New York State Town Law.
N.
Recording of final plans. All final plans shall be filed in the office
of the County Clerk within 62 days of approval, subject to the provisions
of § 276 of the Town Law. Three filed copies shall be returned
to the Planning Board. Three copies of any filed deed agreements such
as a road maintenance agreement shall also be returned to the Planning
Board.
O.
County review. Applications for preliminary or final plan approval
shall, where Ulster County has assumed such review authority, be subject
to referral to the County pursuant to §§ 239-k and
239-n of the General Municipal Law, if located within 500 feet of:
(1)
The Town boundaries; or
(2)
The boundaries of any existing or proposed county or state park or
other recreation area; or
(3)
The right-of-way of any county or state highway; or
(4)
The right-of-way of any existing or proposed stream or drainage channel
owned by the county or for which the county has established channel
lines; or
(5)
The boundary of any existing or proposed county or state land on
which a public building or institution is situated; or
(6)
The boundary of a farm operation in an agricultural district.
P.
Neighboring municipality notification. Notice shall, as required
by § 239-nn of the General Municipal Law, be given to an
adjacent municipality (town or village) whenever a public hearing
is held by the Town of Rochester Planning Board regarding a subdivision
review and approval on property that is within 500 feet of such adjacent
municipality. Such notice shall be given by mail or electronic transmission
to the clerk of the adjacent municipality at least 10 days prior to
any such hearing. Such adjacent municipality may appear and be heard.
The sketch plan should be at a scale sufficient to show the
entire tract on one sheet, and should show or include the following:
A.
The location of that portion which is to be subdivided in relation
to the entire tract.
B.
An existing and natural site features analysis which depicts all
structures, wood area, stream, natural features, stone walls, wetlands,
outstanding views and other primary and secondary conservation areas
around which a subdivision plan should be designed.
C.
The name of the owner and of all adjoining property owners as disclosed
by the most recent deed or tax records.
D.
All streets or roads, streams, water, sewage and gas and power lines
within 500 feet of the subdivision.
E.
The tentative layout of the remainder of the tract owned by the subdivider.
F.
North point, graphic scale, date, and name/address of subdivider
and landowner.
G.
Zoning district and a chart illustrating the minimum development
standards of that district from the Schedule of Use.
H.
A location map with sufficient information to enable the locating
of the property.
I.
Proposed open spaces.
J.
Plans for future use of any remainder parcels.
K.
Part 1 of the SEQRA Long Form Environmental Assessment (optional
at this stage but, if not provided in conjunction with the sketch
plan, must be submitted with the preliminary plan).
L.
All rights-of-way, easements, accesses and improvements, both existing
and proposed, and any site features or known environmental constraints
that could have a bearing on the project including the general topography,
floodplain, wetlands, bodies of water, and existing ground cover.
Aerial photography may also be required.
A.
The preliminary plan shall be clearly and legibly drawn by a registered
professional engineer or licensed land surveyor, identified as such
with the wording "preliminary plan" in the title, and ordinarily shall
be not less than 24 inches by 36 inches nor more than 36 inches by
48 inches in size and should, when possible, show the entire tract
to be divided.
B.
The plan shall be based on the concepts presented in the sketch plan
and contain the following information:
(1)
Proposed name of the subdivision. This name shall not duplicate in
spelling or pronunciation any recorded subdivision within Ulster County.
The name and address of landowner and subdivider shall also be provided.
(2)
Location by Town, county and state. The plan shall also include tax
map numbers for affected and adjacent parcels and a one inch equals
2,000 feet location map.
(3)
North point, date and graphic scale.
(4)
Boundaries of total tract and acreage contained within it.
(5)
Location and, where appropriate, dimensions of parks and public grounds,
permanent buildings in, or adjacent to, the subdivision, open space
easements and other significant existing site features.
(6)
Approximate locations of existing sanitary sewers, public water mains,
storm sewers, electric power and transmission lines, gas lines, and
all other items above or below ground with direction of flow and pressure.
(7)
Names of owners of abutting properties, and lines showing where they
intersect.
(8)
Existing contours at intervals of two feet.
(9)
Proposed layout of streets, alleys and other public rights-of-way,
including widths and proposed names which shall not duplicate existing
names by spelling or pronunciation. The street proposals shall be
accompanied by a submission of plans as required by the Town Road
and Street Encroachment Laws, including profiles, cross-sections,
and preliminary designs for bridges and culverts.
(10)
The proposed layout, numbering and approximate dimensions and
acreage of lots.
(11)
Parcels to be dedicated to the public, or reserved for their
use, or to be reserved by covenant for residents, shall be shown and
marked as such.
(12)
Building setback lines. Where lots are located on a curve, or
side lines are not parallel, the width at the building line shall
be shown.
(13)
All drainage easements shall be shown and marked as such.
(14)
Approximate final grades in areas of cut or fill shall be shown.
(15)
Any lots designated for uses other than residential shall be
indicated.
(16)
Proposed covenants and restrictions and a management plan for
the proposed homeowners' association (HOA), if any.
(17)
Evidence of water supply. In cases where no public water supply
is planned as part of the subdivision, the subdivider shall supply
acceptable evidence of the availability of other potable water source.
This evidence may be in the form of logs from existing wells established
by professional well drillers. A hydrogeological study shall be submitted
to document the supply and address impacts on aquifers in the case
of all subdivisions of 25 lots or more.
(18)
Evidence from utility companies servicing the area indicating
such utility companies are aware of and will provide service to the
proposed subdivision.
(19)
An erosion and sedimentation control plan indicating those measures
to be employed during construction and as may be necessary to prevent
loss of soil from erosion and to prevent resulting property damage,
siltation and contamination of water courses or impoundments (see
"New York State Standards and Specifications for Erosion and Sediment
Control").
(20)
A stormwater management plan prepared in accord with the requirements
hereof and DEC guidelines and standards (see "New York State Stormwater
Design Manual").
(21)
Documentation as may be required by the Ulster County Department
of Health or the Town of Rochester Planning Board, along with a soils
evaluation by the test pit method and/or other required supplemental
data relating to sewage disposal shall be submitted. The Town of Rochester
Planning Board shall be authorized to require such information for
any subdivision where the lot sizes proposed, published soil data
or other information suggests testing is warranted as a matter of
public health.
(22)
All applicable zoning data and the minimum development standards
from the Schedule of Use.
(23)
Completed applications to Town of Rochester, County of Ulster
or the New York Department of Transportation, as the case may be,
for street encroachment or highway occupancy permits.
(24)
Detailed landscaping plans, including planting schedules, for
such common areas or improvements as may require new landscaping.
Native plant species shall be preferred and be of sufficient size
and quality to accomplish their intended purposes. Invasive species
shall be prohibited.
(25)
Plans for future use of any remainder parcels.
(26)
Tentative sites for houses, driveways and sewage systems, including,
where required by the Planning Board, designated building envelopes.
A professional engineer's certification that a given lot is buildable
may also be accepted by the Planning Board for these purposes.
(27)
Part 1 of the SEQRA Long Form Environmental Assessment, if not
previously provided in conjunction with the sketch plan or the preliminary
plan differs materially from the sketch plan proposal.
(28)
An agricultural data statement, if applicable.
(29)
A copy of the filed deed or easements for the parcel(s) may
be required by the Planning Board.
(30)
Such other pertinent information as may be required on a checklist
to be developed and adopted by the Planning Board and updated from
time to time by resolution.
A.
After approval of the preliminary plan, the subdivider, in a manner
consistent with the New York State Town Law, shall provide for the
installation of the required improvements (those physical additions
and changes which may be necessary to provide usable and desirable
lots). Before requesting final plan approval the subdivider must:
(1)
Install all the improvements approved on the preliminary plan or
required by these standards; or
(2)
File with the Town Board a performance guarantee to insure installation
and construction of those improvements at the standards required.
Such guarantee shall meet with the approval of the Town Attorney as
to form and procedure.
B.
The subdivider shall meet with the Town Engineer and/or Town Highway
Superintendent to develop a schedule, so that at the time each improvement
is to be installed and upon its completion, adequate inspections can
be made.
C.
This section is designed to be consistent with § 277 of
the New York State Town Law and the Town of Rochester hereby incorporates
all authorities and requirements contained therein as part of this
chapter.
(1)
Posting. The performance guarantee must be approved by the Town Board
and Town Attorney, with the advice of the Town Engineer, and must:
(2)
Be in an amount sufficient to complete the improvements in compliance
with these regulations plus any expected cost increases over the period
of the guarantee. Costs shall be assumed to escalate a minimum of
10% per year for purposes of determining the amount of a guarantee.
(3)
In the case of cash or its equivalent, be held in an escrow fund
in the name of the Town of Rochester.
(4)
Specify a satisfactory completion date for improvements which shall, unless extended by mutual consent of the subdivider and the Planning Board, be not more than three years from the date of the final plan approval. Should an extension be granted, the amount of the guarantee shall be increased as may be required to cover further cost increases as provided in Subsection C(2) above. Provisions may also be made, pursuant to the aforementioned Town Law § 277, for completion of improvements in phases.
(a)
Return. When the improvements have been completed and approved
for conformity with these regulations by the Planning Board and Town
Engineer or other qualified individual designated by the Town and
accepted by the Town Board, the guarantee must be released and returned.
When any of the required improvements have been completed and approved
or materials for the same have been secured on-site, a portion of
the security commensurate with the cost of these improvements may
be released and returned.
(b)
Default. In the event of default, the obligor and surety shall
be liable thereon to the Town of Rochester for the cost of the improvements
or parts thereof not installed. If proceeds of such bond or other
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements covered by said security,
the Town Board may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the subdivider, or both, shall be used solely
for the installation of the improvements covered by such security,
and not for any other municipal purpose.
(5)
Prior to the certification of any improvements or release of any
guarantee, the subdivider shall pay all inspection and related costs
(for professional services, meetings, advertisements and expenses)
associated with the improvements or guarantees. These costs will be
assessed as a special fee apart from the regular fees provided for
in this chapter. Said payment shall be made to the Town of Rochester.
D.
Where improvements are being dedicated to the Town, the subdivider
shall comply with the applicable requirements of any other Town laws
governing dedication of improvements and submit a maintenance bond
or other approved performance guarantee to guarantee maintenance and
repair of those improvements for 18 months from the data of dedication.
The maintenance bond shall generally be a maximum of 15% of the costs
of improvements, subject to approval of the Town Board. Similar maintenance
agreements may be required for private roads and nothing herein shall
be deemed to require acceptance of dedication by the Town under any
circumstances.
The final plan shall be prepared on one or more sheets of a
uniform size coinciding with requirements of the Ulster County Clerk's
office. Final plan attachments and exhibits shall be numbered and
labeled in accordance with the requirements of this section and a
"subdivision checklist" to be developed by the Town. The final plan
shall include, in addition to the information required for the preliminary
plan submission, the following:
A.
Exact locations, widths and names of all streets and all crosswalks
within the subdivision.
B.
Complete curve data for all curves included in the plan.
C.
Exact descriptions of all easements being provided for services or
utilities in the subdivision, and any limitations placed on the use
of such easements.
D.
Accurate outlines of any lots or areas to be reserved or dedicated
for common use by residents of the subdivision, or for general public
use, with the purpose indicated thereon, including all open space,
conservation or drainage easements.
E.
Front building lines, shown graphically with dimensions.
F.
A final version of all restrictions and covenants, if any, the subdivider
intends to place in the deeds to the lots in the subdivision. If no
such restrictions or covenants are to be imposed, a statement to that
effect shall be included. A final management plan for the HOA shall
also be submitted, setting forth all relevant details of its proposed
operation, as determined by the Planning Board.
G.
The total tract boundary lines of the area being subdivided, with
accurate distances to hundredths of a foot and bearings to one minute.
These boundaries shall be determined by accurate survey in the field;
provided, however, that the boundary(s) of additional unplatted land
of the subdivider are not required to be based upon field survey,
and may be calculated. The location of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the engineer or
surveyor shall certify the placement of the monuments.
H.
The final plan shall contain a certificate signed by the project
engineer indicating that all improvements have either been installed
and approved by the proper officials or agencies, or that a guarantee
in an amount satisfactory to the Town Engineer and sufficient to ensure
their installation has been submitted to the Town.
I.
Complete final construction plans and profiles of installed or proposed
public sanitary sewage disposal systems and storm drains, with grades
and pipe sizes, unless on-site sewage disposal systems are to be used.
J.
Complete final construction plans of installed or proposed public
water distribution systems showing pipe sizes and locations off valves
and fire hydrants, if any, unless private wells are to be used.
K.
Documentation of ability to comply with the requirements of utility
companies or agencies for supplying each lot in the subdivision and
for granting the necessary easements or other releases for installation
of required public utilities.
L.
A key map for the purpose of locating the site to be subdivided,
at a scale of not less than 600 feet to one inch, showing the relation
of the property to adjoining property and to all streets, roads and
municipal boundaries existing within 2,000 feet or any part of the
property proposed to be subdivided. U.S.G.S. quadrangle maps may suffice
as a base for such a key map.
M.
Blank approval blocks for the Town Planning Board stamp and signatures
shall appear on every sheet of the set of plans.
N.
Copies of street encroachment or highway occupancy permits and complete
final construction plans, including agreements as may be required
to ensure maintenance of private roads.
O.
New submissions of preliminary plan data in any instance where there
has been a change in the plans or the circumstances surrounding them.
P.
Such other pertinent information as may be required on a checklist
to be developed and adopted by the Planning Board and updated from
time to time by resolution.
Lot improvements and natural subdivisions shall be exempt from
the requirements contained herein (including public hearings) provided
a plan prepared by a licensed land surveyor or professional engineer
has been submitted describing the conveyances involved by metes and
bounds and in sufficient detail to determine the situation fits the
criteria below. Such matters shall also be considered Type II actions
under SEQRA.
A.
Parcels shall, to qualify as lot improvements:
(1)
Involve the addition of land to an existing parcel or lot line adjustment
so as to:
(a)
Improve ability of that parcel to comply with setback or other
building standards; or
(b)
Increase suitability of the parcel for building development;
or
(c)
Add to the availability of open space; or
(d)
Adjust a boundary line location or produce a corrected deed
if a map reflecting the same is desired for recording purposes.
(2)
Not reduce the ability of the lot, from which the lot improvement
parcel is taken or reconfigured, to comply with the applicable development
standards of this chapter.
(3)
Include a map restriction to the effect the improvement parcel will
never be considered a separate building lot apart from the tract to
which it is being added.
B.
Parcels shall, to qualify as a natural subdivision, be separated
by an existing Town, county or state highway that is improved to passable
condition for vehicular traffic.
C.
The Planning Board shall, within 62 days of the receipt of the lot improvement plans, determine whether they comply with the exemption criteria found above. Should the Planning Board fail to act in the provided time, such plans shall be deemed accepted as a lot improvement. If the Planning Board finds they do qualify as a lot improvement, the Board shall sign the plans with the following notation: "These plans are acknowledged by the Town of Rochester, and for recording purposes only, to represent an exempt lot improvement in accordance with § 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given."
D.
Recording of final plans. No person shall record plans with the County
Clerk for any lot improvement without so first obtaining the Planning
Board's clearance. Three filed copies shall be returned to the Planning
Board.
At the time an application for subdivision approval is filed, a fee shall be paid to the Town by the subdivider; such fee to be determined from a schedule of fees as adopted by the Town Board by resolution. Additional fees may be imposed to cover the costs of inspections, professional reviews and SEQRA compliance, as well as the expenses connected with notices and hearings. See § 140-63 for authorization and procedures for these fees.
