Whenever any subdivision of land is proposed
to be made and before any contract for the sale of or any offer to
sell any lots in such subdivision or any part thereof is made and
before any permit for the erection of a structure in a proposed subdivision
or on a proposed site plan shall be granted, the developer or subdivider
or their duly authorized agent shall apply in writing for approval
of such subdivision or site plan in accordance with the following
procedures, standards and requirements.
A.
Concept plan. Concept plan review is not required
but is highly recommended for site plans and subdivisions. While concept
plan review is conducted at an open meeting, it is not conducted as
a public hearing. While the Planning Board acts in good faith, nothing
from concept plan review shall be taken to mean that the application
will be approved after preliminary and/or final review until the requirements
for those approvals, if necessary, shall have taken place.
B.
Subdivisions and site plans. Subdivisions and site
plans are subject to the procedures set forth below.
C.
Site plan review. For the purpose of reviewing site
plans, the provisions for subdivisions shall apply and the reference
to "preliminary plat" or "final plat" shall be taken to mean "preliminary
site plan" or "final site plan." In cases where reference is made
to the filing of a plan in the Monroe County Clerk's office, such
filing shall only be necessary for site plans when required by the
Planning Board.
D.
Site plan review of additions, alterations and modifications to multifamily residential, commercial and industrial. Prior to issuing a zoning permit for the purposes described in § 140-38B(1) on any lot in any district, except for additions to single family or two-family dwellings, accessory structures for single family or two-family dwellings and agricultural structures, the Zoning Officer shall refer the site plans of such lot to the Planning Board for its review and approval in accordance with the provisions of this chapter.
A.
Submission of preliminary plats. A preliminary plat
shall be clearly marked "preliminary plat" and shall conform to the
definition and requirements provided in this chapter and the Design
Standards.[1]
[1]
Editor's Note: The Design Criteria and Construction
Specifications for Land Development are on file in the Town Clerk's
office.
B.
Coordination with SEQRA. The Planning Board shall
comply with the provisions of SEQRA under Article 8 of the Environmental
Conservation Law and its implementing regulations.
C.
Receipt of a complete preliminary plat. 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 SEQRA. The time periods for review of a preliminary plat shall
begin upon filing of such negative declaration or such notice of completion.
D.
Planning Board as lead agency under SEQRA; public
hearing; notice; decision.
(1)
Public hearing on preliminary plats. The time within
which the Planning Board shall hold a public hearing on the preliminary
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to SEQRA, as follows:
(a)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the clerk
of the Planning Board; or
(b)
If the Planning Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of SEQRA. If no public hearing is held on the draft environmental
impact statement, the public hearing on the preliminary plat shall
be held within 62 days of filing the notice of completion.
(2)
Public hearing notice and length. The hearing on the
preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing, if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(3)
Decision. The Planning Board shall approve, with or
without modification, or disapprove such preliminary plat as follows:
(a)
If the Planning Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the Planning Board shall make its decision within 62 days
after the close of the public hearing; or
(b)
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of SEQRA. If no public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the preliminary plat. Within 30 days of the
filing of such final environmental impact statement, the Planning
Board shall issue findings on the final environmental impact statement
and make its decision on the preliminary plat.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When approving a preliminary plat subject to
modification, the Planning Board shall state in writing any modifications
it deems necessary for submission of the plat in final form.
E.
Planning Board not as lead agency under SEQRA; public
hearing; notice; decision.
(1)
Public hearing on preliminary plats. The Planning
Board shall, with the agreement of the lead agency, hold the public
hearing on the preliminary plat jointly with the lead agency's hearing
on the draft environmental impact statement. Failing such agreement
or if no public hearing is held on the draft environmental impact
statement, the Planning Board shall hold the public hearing on the
preliminary plat within 62 days after the receipt of a complete preliminary
plat by the clerk of the Planning Board.
(2)
Public hearing notice and length. The hearing on the
preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon motion of the Planning Board within 120 days after
it has been opened.
(3)
Decision. The Planning Board shall by resolution approve
with or without modification or disapprove the preliminary plat as
follows:
(a)
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board
shall make its decision within 62 days after the close of the public
hearing on the preliminary plat.
(b)
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(4)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board. When approving a preliminary plat requiring
modification, the Planning Board shall state in writing any modifications
it deems necessary for submission of the plat in final form.
F.
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the clerk
of the Planning Board as having been granted preliminary approval,
and a copy of the plat and resolution shall be filed in such clerk's
office. A copy of the resolution shall be mailed to the owner.
G.
Filing of decision on preliminary plat. Within five
business days from the date of the adoption of the resolution stating
the decision of the Board on the preliminary plat, the chairman or
other duly authorized member of the Planning Board shall cause a copy
of such resolution to be filed in the office of the Town Clerk.
H.
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat, the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
A.
Submission of final plats. Final plats shall conform
to the definition provided by this chapter.
B.
Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Planning Board deems to be in substantial agreement with a preliminary
plat approved pursuant to this article, the Planning Board shall by
resolution conditionally approve with or without modification, disapprove,
or grant final approval and authorize the signing of such plat within
62 days of its receipt by the clerk of the Planning Board.
C.
Final plats not in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Planning
Board deems not to be in substantial agreement with a preliminary
plat approved pursuant to this article the following shall apply:
(1)
Planning Board as lead agency; public hearing; notice;
decision.
(a)
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to SEQRA, as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the clerk of the Planning Board; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
SEQRA. If no public hearing is held on the draft environmental impact
statement, the public hearing on the final plat shall be held within
62 days following filing of the notice of completion.
(b)
Public hearing notice and length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing, if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
(c)
Decision. The Planning Board shall make its
decision on the final plat as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the final plat is not required,
the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat within 62 days after the date of the public
hearing; or
[2]
If the Planning Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of SEQRA. If no public
hearing is held on the draft environmental impact statement, the final
environmental impact statement shall be filed within 45 days following
the close of the public hearing on the final plat. Within 30 days
of the filing of the final environmental impact statement, the Planning
Board shall issue findings on such final environmental impact statement
and shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(2)
Planning Board not as lead agency; public hearing;
notice; decision.
(a)
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of a complete final plat by the clerk of the Planning
Board.
(b)
Public hearing notice and length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing, if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
(c)
Decision. The Planning Board shall by resolution
conditionally approve with or without modification, disapprove, or
grant final approval and authorize the signing of such plat as follows:
[1]
If the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the final plat.
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
A.
Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the clerk of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements, including the required financial security pursuant to § 116-26, which when completed will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board and a copy of such signed plat shall be filed in the office of the Town Clerk.
B.
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Planning Board may
permit the plat to be subdivided and developed in two or more sections
and may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to insure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Planning Board. Conditional
or final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Planning Board.
C.
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend by not more than two additional periods of 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
The time periods prescribed herein within which
the Planning Board must take action on a preliminary plat or a final
plat are specifically intended to provide the Planning Board and the
public adequate time for review and to minimize delays in the processing
of subdivision applications. Such periods may be extended only by
mutual consent of the owner and the Planning Board. In the event the
Planning Board fails to take action on a preliminary plat or a final
plat within the time prescribed therefor after completion of all requirements
under SEQRA, or within such extended period as may have been established
by the mutual consent of the owner and the Planning Board, such preliminary
or final plat shall be deemed granted approval. The certificate of
the Town Clerk as to the date of submission of the preliminary or
final plat and the failure of the Planning Board to take action within
the prescribed time shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval herein
required.
Within five business days from the date of the
adoption of the resolution stating the decision of the Board on the
final plat, the Chairman or other duly authorized member of the Planning
Board shall cause a copy of such resolution to be filed in the office
of the Town Clerk.
When required by § 239-m of the General
Municipal Law, the clerk of the Planning Board shall refer all applicable
preliminary and final plats to the county planning board for review
as provided in that section.
The owner shall file in the office of the Monroe
County Clerk such approved final plat or a section of such plat within
62 days from the date of final approval, or such approval shall expire.
The following shall constitute final approval: the signature of the
duly authorized officer of the Planning Board constituting final approval
by the Planning Board of a plat as herein provided; or the approval
by the Planning Board of the development of a plat or plats already
filed in the office of the Monroe County Clerk if such plats are entirely
or partially undeveloped; or the certificate of the Town Clerk as
to the date of the submission of the final plat and the failure of
the Planning Board to take action within the time herein provided.
In the event the owner shall file only a section of such approved
plat in the office of the Monroe County Clerk, the entire approved
plat shall be filed within 30 days of the filing of such section with
the Town Clerk. Such section shall encompass at least 10% of the total
number of lots contained in the approved plat and the approval of
the remaining sections of the approved plat shall expire unless said
sections are filed before the expiration of the exemption period to
which such plat is entitled under the provisions of Subdivision 2
of § 265-a of the New York State Town Law.
The lots shown on said plat shall at least comply with the requirements thereof, subject, however, to the provisions of § 116-27, Cluster or average-density development.
A.
Before the Planning Board may approve a site plan
or subdivision plat containing residential units, such site plan or
subdivision plat shall also show, when required by the Planning Board,
a park or parks suitably located for playground or other recreational
purposes.
B.
Land for park, playground or other recreational purposes
may not be required until the Planning Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Town. Such findings shall include an evaluation of the present and
anticipated future needs for park and recreational facilities in the
Town, based on projected population growth to which the particular
site plan or subdivision plat will contribute.
C.
In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan or subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan or subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan or subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this subsection, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the zoning board of appeals for an area variance, pursuant to § 267-b of the New York State Town Law and Chapter 140 of the Clarkson Code, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance. The failure of the Planning Board to provide a written recommendation shall not prevent the Zoning Board of Appeals from acting on the application.
The Planning Board may waive, when reasonable,
any requirements or improvements for the approval, approval with modifications
or disapproval of subdivisions submitted for its approval. Any such
waiver, which shall be subject to appropriate conditions, may be exercised
in the event any such requirements or improvements are found not to
be requisite in the interest of the public health, safety, and general
welfare or inappropriate because of inadequacy or lack of connecting
facilities adjacent or in proximity to the subdivision.
A.
Furnishing of security. Prior to the filing of the
final plat, financial security sufficient to cover the full cost of
the installation of infrastructure and improvements, as estimated
by the Planning Board after consultation with the Town Engineer or
other appropriate consultant designated by the Planning Board or a
Town department designated by the Planning Board to make such estimate,
where such departmental estimate is deemed acceptable by the Planning
Board, shall be furnished to the Town by the owner.
B.
Security where plat approved in sections. In the event
that the owner shall be authorized to file the approved plat in sections,
as provided in this chapter, approval of the plat may be granted upon
the filing of financial security sufficient to cover the costs of
the required improvements in the section of the plat filed in the
office of the Monroe County Clerk. The owner shall not be permitted
to begin construction of buildings in any other section until such
section has been filed in the office of the County Clerk until security
covering the cost of such improvements is provided.
C.
Form of security. Any such security must be provided
pursuant to a written security agreement with the Town, approved by
the Town Board and also approved by the Town Attorney as to form,
sufficiency and manner of execution, and shall be limited to:
(1)
The deposit of funds in or a certificate of deposit
issued by a bank or trust company located and authorized to do business
in this state;
(2)
An irrevocable letter of credit from a bank located
and authorized to do business in this state;
(3)
Obligations of the United States of America; or
(4)
Any obligations fully guaranteed as to interest and
principal by the United States of America having a market value at
least equal to the full cost of such improvements. If not delivered
to the Town, such security shall be held in a Town account at a bank
or trust company.
D.
Term of security agreement. Any such security agreement
shall run for a term to be fixed by the Planning Board but in no case
for a longer term than three years; provided, however, that the term
of such security agreement may be extended by the Planning Board with
consent of the parties thereto. If the Planning Board shall decide
at any time during the term of the security agreement that the extent
of building development that has taken place in the subdivision is
not sufficient to warrant all the improvements covered by such security
or that the required improvements have been installed as provided
in this section and by the Planning Board in sufficient amount to
warrant reduction in the amount of said security, and upon approval
by the Town Board, the Planning Board may modify its requirements
for any or all such improvements, and the amount of such security
shall thereupon be reduced by an appropriate amount so that the new
amount will cover the cost in full of the amended list of improvements
required by the Planning Board.
E.
Default of security agreement. In the event that any
required improvements have not been installed as provided in this
section within the term of such security agreement, the Town Board
may thereupon declare the said security agreement to be in default
and collect the sum remaining payable thereunder, and upon the receipt
of the proceeds thereof, the Town shall install such improvements
as are covered by such security and as commensurate with the extent
of building development that has taken place in the subdivision but
not exceeding in cost the amount of such proceeds.
A.
Purpose.
(1)
The purpose of this section is to permit variation
in lot size and housing type in suitable areas in order to encourage
flexibility of design, to enable such land to be developed in such
a manner as to promote its most appropriate use, to facilitate the
adequate and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open space, in accordance
with § 278 of the New York State Town Law.
(2)
This purpose is achieved by permitting lot sizes to
be reduced in a subdivision tract if:
B.
General conditions and requirements.
(1)
If a subdivider makes written application to the Planning
Board for the use of this procedure, the Planning Board is hereby
empowered to implement these provisions at its discretion if, in the
Board's judgment, their application at the particular location is
desirable and would contribute to the general well-being of the neighborhood
and community and would benefit the Town.
(2)
The minimum area required to qualify for this procedure
shall be 10 contiguous acres of land.
(3)
This procedure applies only to residentially zoned
land on which residential developments are proposed.
(4)
In addition to the foregoing, an average-density development
subdivision plat may be approved only if the Planning Board determines:
(a)
That such development will not be detrimental
to the health, safety or general welfare of persons residing in the
vicinity or injurious to property or improvements within its proximity.
(b)
That the proposed development is in conformity
with the objectives of the Comprehensive Plan.
(c)
That the gross density will be no greater than
if the tract were developed in accordance with the existing zoning
requirements.
(5)
The subdivider shall dedicate for open space purposes
the same percentage of the entire tract as that by which the lot area
has, on the average, been reduced.
(6)
The area dedicated for open space purposes, including
playgrounds and parks, shall be in a location and shape approved by
the Planning Board.
C.
Specific requirements. Any subdivision plat considered
under this procedure shall conform to the following standards, which
are to be regarded as minimum requirements:
(1)
For the purpose of administering this regulation,
the following method shall be used for determining the maximum number
of dwelling units that shall be permitted in an average-density development:
(a)
Determine the total area, in acres, of the proposed subdivision. For the purpose of this section, the term "total area" shall include all the land within the proposed subdivision that is intended and usable for the following purposes: residences, playgrounds, neighborhood parks, interior streets and reserved open space, including easements for natural watercourses if these meet the open space standards set forth in Subsection C(3) hereof.
(b)
Multiply the total area, in acres, as defined in Subsection C(1)(a) above, by the permitted density (units per acre) in the district. If more than one district is involved, determine the total area in each of the individual districts, multiply each total area (acres) by the permitted density (units per acre) appropriate to each district and sum the individual multiplications. The product or sum of products thus obtained represents the maximum number of dwelling units which may be permitted in a subdivision being considered under these provisions.
(2)
The sizes of lots in an average-density development
may vary from the normal requirements of the district dimensions,
but no lot dimension or area requirement of the district shall be
reduced by more than 50% without the express consent of the Town Board.
(3)
Land reserved for open space shall, in the judgment
of the Planning Board, be of a character and location suitable for
whatever open space purposes the land shall primarily be reserved
for, such as natural areas, wildlife preserves, conservation areas,
outdoor recreation sites, neighborhood parks, nature centers, wetlands,
memorial forests, natural watercourses or other open space uses. The
Planning Board may require that the open space be located at a suitable
place on the edge of the subdivision so that additional land may be
added at such time as the adjacent land is subdivided. Reserved open
space shall not be narrower than 200 feet, except where necessary
to provide a pathway or other means of access. An easement for a natural
watercourse dedicated to the Town may be considered as open space
for the purpose of this regulation if such easement is at least 200
feet wide.
