This chapter is enacted pursuant to the authority
granted to the Town Board in Article 16 of the New York State Town
Law and § 10 of the Municipal Home Rule Law for the purpose
of providing for the future growth and development of the Town and
affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its population.
By this chapter, the Planning Board is empowered to approve site plans
and preliminary and final plats of subdivisions showing lots, blocks
or sites, with or without streets or highways, within that part of
the Town outside the limits of any incorporated village.
This chapter shall be known as "Local Law No. 3-2003, Chapter 116, the Subdivision and Development of Land Law of the Town of Clarkson."
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
B.
In cases where words or phrases are not defined in
this chapter but are defined elsewhere in the Clarkson Code, the words
or phrases shall have the meaning set forth elsewhere in the Code.
C.
CLERK OF THE PLANNING BOARD
CLUSTER OR AVERAGE DENSITY DEVELOPMENT
CODE
COMPREHENSIVE PLAN
CONCEPT PLAN
CONDITIONAL APPROVAL OF A FINAL PLAT
DATE OF ENACTMENT OR EFFECTIVE DATE
DESIGN STANDARDS
FINAL PLAT
FINAL PLAT APPROVAL
INFRASTRUCTURE
PLANNING BOARD
PRELIMINARY PLAT
PRELIMINARY PLAT APPROVAL
PRIVATE ROAD
RESUBDIVISION
SEQRA
SITE PLAN
STREET
SUBDIVIDER
SUBDIVISION
TOWN ENGINEER
TOWN ATTORNEY
When used in this chapter the following terms shall
have the respective meanings set forth herein, except where the context
shows otherwise:
The person appointed by the Town Board or authorized by the
Town Clerk to process and maintain the records of the Planning Board.
A subdivision plat or plats, approved pursuant to this chapter,
in which the applicable zoning local law is modified to provide an
alternative permitted method for the layout, configuration and design
of lots, buildings and structures, roads, utility lines and other
infrastructure, parks, and landscaping in order to preserve the natural
and scenic qualities of open lands.
Unless otherwise indicated, the Code of the Town of Clarkson.
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town located outside the limits of the Village of Brockport.
A sketch of a proposed site plan or subdivision showing the
information specified in the Design Standards.[1] The purpose of a concept plan is to enable a developer
to save time and expense in reaching general agreement with the Planning
Board as to the form of the proposed layout and the objectives of
this chapter prior to incurring substantial costs for preparation
and review of a preliminary or final plan.
Approval by the Planning Board of a final plat subject to
conditions set forth by the Planning Board in a resolution conditionally
approving such plat. Such conditional approval does not qualify a
final plat for recording nor authorize issuance of any building permits
prior to the signing of the plat by a duly authorized officer of the
Planning Board and recording of the plat in the office of the Monroe
County Clerk.
For the purpose of implementing this chapter, the date of
enactment shall be November 25, 2003.
The Design Criteria and Construction Specifications for Land
Development adopted by resolution by the Town Board of the Town of
Clarkson on October 14, 2003, as amended from time to time by the
Town Board. This document is available for inspection and/or purchase
at the Town Clerk's office during normal business hours.
A drawing prepared in a manner prescribed by the Design Standards
and the Planning Board that shows a proposed subdivision, containing
in such additional detail as required by the Design Standards together
with the modifications, if any, required by the Planning Board at
the time of approval of the preliminary plat, if such preliminary
plat has been so approved.
The signing of a plat in final form by a duly authorized officer of the Planning Board pursuant to the Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed, including, where applicable, that financial security be posted as set forth in § 116-26 below. Such final approval qualifies the plat for recording in the office of the Monroe County Clerk, if required.
Roads, drains, sewers, water mains and appurtenances thereto,
both private and intended to be turned over to the Town of Clarkson
for maintenance and operation.
The Planning Board of the Town of Clarkson as established in Chapter 27 of the Clarkson Town Code.
A drawing prepared in a manner prescribed by this chapter,
the Design Standards and the Planning Board, showing the layout of
a proposed subdivision, including but not restricted to road and lot
layout and approximate dimensions, key plan, topography and drainage,
including preliminary plans and profiles, at suitable scale and in
such detail as required by the Design Standards.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with the provisions of this chapter.
Any undedicated road serving two or more parcels or two or
more independently used and occupied buildings within a residential,
commercial, or industrial development.
A change in a map of an existing, approved or filed subdivision
plat involving only lot line alterations and not resulting in any
increase in the number of lots, if such change does not affect any
street layout shown on such map or area reserved thereon for public
use or restricted by conservation easement and complies with applicable
zoning.
The New York State Environmental Quality Review Act which
is contained in Article 8 of the New York State Environmental Conservation
Law. References herein also are intended to incorporate the implementing
regulations of SEQRA contained in 6 NYCRR Part 617.
A rendering, drawing, or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter and
the Design Standards, which shows the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
Plats showing lots, blocks or sites which are subject to review pursuant
to authority provided for the review of subdivisions under this chapter
shall continue to be subject to such review and shall not be subject
to review as site plans.
A right-of-way for vehicular traffic, whether designated
as a "street," "highway," "thoroughfare," "parkway," "road," "avenue,"
"boulevard," "lane," "place," "alley" or however otherwise designated,
but not including a private driveway serving a single property.
Any person, corporation, partnership or other organization
which lays out any subdivision, as defined herein. The terms "applicant"
and "developer" may also be used to refer to a subdivider.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, for the purpose
of sale, transfer of ownership, or development.
The duly designated Engineer of the Town of Clarkson.
The duly appointed Town Attorney or Attorney for the Town
of Clarkson.
[1]
Editor's Note: The Design Criteria and Construction
Specifications for Land Development are on file in the Town Clerk's
office.
Should any section, paragraph, sentence, clause
or phrase of this chapter be declared unconstitutional or invalid
for any reason by a court of competent jurisdiction, the remainder
of this chapter shall not be affected thereby.
Elsewhere in the Code there are references to
subdivision regulations. All references to subdivision regulations
are declared to be references to this chapter, which replaces the
former subdivision regulations.
A.
The adoption of this chapter shall not affect or impair
any act done or right accrued prior to the time this chapter takes
effect under the regulations relative to subdivisions and site plans
in the Town. It is the intent of this subsection to grandfather all
parcels created prior to the date of enactment of this chapter with
respect to the existence of said parcel as a separate lot. However,
all parcels whenever created shall be subject to the provisions of
this chapter for any and all site plans and subdivisions proposed
after the date of enactment of this chapter.
B.
The adoption of this chapter shall not affect or impair
any act done, offense committed or right accrued or acquired liability,
penalty forfeiture or punishment incurred prior to the time this chapter
takes effect under the regulations relative to subdivisions and site
plans in the Town.
All ordinances, local laws and regulations inconsistent
herewith are hereby repealed, with the provision that violations of
those ordinances, local laws or regulations and all amendments thereto
shall remain violations to the extent that the matters in violation
do not conform to the provisions of this chapter.
A violation of this chapter is hereby declared
to be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
Should a subdivision be created by deed or otherwise
after the effective date of this chapter without following the rules
and procedures set forth herein, then, in that event, no further permits
or certificates shall be issued for the subdivided property including
the original parcel from which the subdivision was created. Subdivisions
of land created prior to the enactment of this chapter are not subject
to the provisions of this section.
In addition to the actions authorized by §§ 116-8 and 116-9, appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate any violation of this chapter or to prevent illegal occupancy of a building, structure or premises.
Assignment of a tax number or other mode of
separate identification of a unit of land by the Assessor for the
purpose of tax administration shall not be deemed to create or legitimatize
a division of land otherwise invalid hereunder.
For each application for a site plan or subdivision, the Town of Clarkson shall collect a fee from the applicant. The schedule of these fees is established by resolution of the Town Board and updated from time to time. In addition to the fees which are designed to reimburse the Town for expenses of review by the Planning Board, the Town Board may authorize the charging of plan-specific fees for engineering review, SEQRA review and legal review for site plans and subdivisions submitted to the Planning Board. No permit or certificate of any kind shall be issued for any parcel of land or subdivision for which there are monies due to the Town of Clarkson pursuant to this chapter and resolutions enacted hereunder. Said fees shall be subject to the provisions of Article V herein.
