Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
The purpose of these regulations shall be to provide rules, regulations and standards to guide land subdivision in the Town of Webster in order to promote the public health, safety, convenience and general welfare of the Town. They shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land and adequate provisions for circulation, utilities and services and to ensure that land utilization for residential building purposes shall not be a detriment to health, shall not cause a peril from fire, flood or other menace and that adequate provision is made for light, air, fire protection, open land areas, recreation and other amenities.
The following words set forth in this Article shall be defined as follows:
BOARD
The Planning Board of the Town of Webster.
PLAT
The final map, drawing or chart in which the subdivider's plan of subdivision is presented to the Planning Board for consideration for approval and subsequent recording at the office of the Clerk of the County of Monroe.
PROPOSED LAYOUT
A rough outline map submitted to the Planning Board for its initial consideration.
SUBDIVIDER
The owner or developer of the land to be subdivided, or his or its agent.
SUBDIVISION
The division of any parcel of land into a number of lots, blocks or sites as specified in this Code or law, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. Subdivision may include any alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the office of the Monroe County Clerk. A "minor" subdivision will be any residential subdivision of less than five lots; a "major" subdivision will include all other subdivisions.
[Amended 5-7-2004 by L.L. No. 1-2004]
ZONING MAP
The Town of Webster Zoning Map dated February 20, 2003.
[Amended 7-17-2003]
[Amended 5-7-2004 by L.L. No. 1-2004]
The Department of Public Works shall have the authority to review subdivision plats prior to the issuance of any building permits and, at its option, refer such plats to the Planning Board, in accordance with the provisions of § 276 of the New York State Town Law.
A. 
Prior to the application for preliminary subdivision plat approval, the applicant shall first have a sketch plan conference with the Town Planning Board. The sketch plan conference shall be conducted at a regularly scheduled meeting of the Town Planning Board but shall not be a public hearing. The purpose of the sketch plan conference shall be to present to the Town Planning Board, for initial review, discussion and comment, a design concept or plan for the development of a parcel or parcels of land within the Town. During the conference, the applicant and the Planning Board shall review and discuss the basic subdivision design concept and generally determine the information to be required and provided on the preliminary subdivision plat. No formal action shall be taken on the plan or the application at the time of the sketch plan conference. At such a conference, the applicant should provide a letter of intent outlining the proposed project, along with a conceptual design sketch and the following additional information:
(1) 
The general location of the site with respect to existing and proposed streets and rights-of-way, buildings and other facilities and natural features.
(2) 
Specific identification of all properties, subdivisions, streets and easements within 200 feet of the parcel.
(3) 
General identification of all existing utilities in the area.
(4) 
Identification of internal streets or traffic circulation patterns, if any, of the proposed development.
(5) 
The location of all existing and proposed structures on the site, and designated uses for each.
(6) 
Identification of existing zoning classification(s) of the property and all adjacent properties, and any restrictions on land use of the site.
(7) 
Identification of existing natural features on the site.
(8) 
A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two feet of elevation shall be provided.
B. 
Following the sketch plan conference, the Town Planning Board may suggest to the applicant changes in the preapplication sketch involving street layouts, traffic patterns, access building sizes, shapes and/or locations, landscaping techniques, preservation of natural features or other matters which, in the opinion of the Board, would improve the subdivision design concept. Additional sketch plan conferences can be scheduled by the Planning Board as needed prior to preliminary approval.
A. 
All preliminary applications for subdivision plat approval shall be made in writing on the appropriate forms pursuant to this schedule and shall include (as required by the Town Planning Board and/or Town Department of Public Works) drawings, maps or other relevant data containing any or all of the following information. (Maps and drawings submitted as a part of preliminary subdivision plat approval applications shall be prepared by a licensed engineer, architect, landscape architect or surveyor and certified by the seal and signature of such engineer, architect or surveyor):
[Amended 5-7-2004 by L.L. No. 1-2004]
(1) 
A North arrow, scale, original date and last revision date for all maps.
(2) 
Identification of the boundaries of the property plotted to scale, dimensions of the site and the total acreage.
(3) 
The current zoning of the property and any proposed zoning changes.
(4) 
The location of existing watercourses.
(5) 
A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention in accordance with Chapter 104 of the Town Code.
(6) 
The location, setbacks, heights and proposed use for all buildings and structures.
(7) 
Typical floor plans and elevations for all buildings.
(8) 
The location of any accessory structures, or docks, piers or moorings proposed pursuant to Chapter 225 of the Town Code.
(9) 
The location, design and traffic circulation patterns for all parking areas and truck delivery areas, showing all ingress and egress points, driveways, drive aisles, etc.
(10) 
The location and size of all curb cuts.
(11) 
A description of provisions for pedestrian access and circulation, including sidewalks, handicapped parking areas and ramps, crosswalks and pavement markings, including any easements for public access along shoreline areas.
(12) 
The size, nature and location of any outdoor storage area; the location of any outdoor fencing, including the size, height and type of construction.
(13) 
The location, design and construction materials of all existing or proposed site improvements such as drains, culverts, retaining walls, outdoor storage tanks, retention ponds, air-conditioning units and waste disposal units.
(14) 
A description of the method of sewage and stormwater disposal, and the location, design and construction materials of such facilities.
(15) 
A description of the method of securing public water, and the location, design and construction materials of such facilities.
(16) 
The location of fire lanes and other emergency zones, including the location of all existing and proposed fire hydrants.
(17) 
The location, size, design and construction material of all proposed signs.
(18) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy; descriptions of provisions for solar energy use, energy conservation or other environmental design techniques.
(19) 
The location and proposed development of all buffer areas, including existing and proposed vegetative cover. The location of all existing stands of trees on the site, with particular notation of all existing trees with a caliper in excess of six to eight inches.
(20) 
The location and design of outdoor lighting facilities.
(21) 
A designation of any building to be used as an accessory structure to residential uses.
(22) 
A general landscaping plan and planting schedule, including the location and types of trees and shrubbery to be planted.
(23) 
An identification of all additional town, county, state and federal permits, private easements or agreements, variances and/or other approvals that are necessary in order to complete the project as proposed; applications for all development permits required, if any, under the provisions of the zoning regulations of the Town Environmental Protection Overlay Districts.
(24) 
Temporary and permanent provisions for controlling erosion from the site.
(25) 
A description of on-site soils as available in the Monroe County Soils Survey.
(26) 
Any other data, information, maps or drawings that are deemed necessary by the Town Planning Board and/or Town Department of Public Works in order to make a decision regarding the application for preliminary subdivision plat approval.
(27) 
The location, name, width and design of existing and proposed streets.
(28) 
The length of street straight lines, deflection angles, radii, length of curves and control angles of curves, tangent distances and bearings for each street.
(29) 
A typical cross section of street and sidewalk showing character, width and depth of pavement and subbase.
(30) 
The location of manholes, curbs and gutters and underground conduits.
(31) 
Evidence of a permit to tie it into county or state roads.
(32) 
All dimensions and angles of lot lines in feet and decimals thereof.
(33) 
All lots are to be numbered.
(34) 
The size and location of proposed water mains, hydrants and valves and connection with existing water supply.
(35) 
The subdivision entrance sign.
(36) 
Utility lines to be within the road right-of-way outside of paved areas.
(37) 
For subdivision plat review applications for development proposed within 500 feet of the Irondequoit Bay or Lake Ontario shoreline, a soil survey shall be required containing the following information:
(a) 
A two-foot contour map on a scale of one inch equals 200 feet, or a larger scale.
(b) 
One soil boring 48 inches deep or deeper per two acres of development.
(c) 
One deep hole pit eight feet deep or deeper per 10 acres of development (at least one pit per development site).
(d) 
A map showing the location of soil borings and deep hole pits.
(e) 
A map showing the separation of intensive soil map units (soil map).
(f) 
Soil descriptions unless keyed to county soil survey descriptions.
(g) 
A log of soil borings and deep hole pits.
(h) 
A summary letter written and signed by a professional soil scientist.
(38) 
For all properties west of Bay Road and all properties north of Lake Road, a visual analysis of the proposed subdivision which identifies all significant scenic views and vistas, and a cultural resource analysis of the site which identifies all significant historic, architectural, archaeological or other cultural buildings or structures. The Visual EAF Addendum, prepared by the New York State Department of Environmental Conservation, shall be used to supply information for the visual impact analysis required above.
B. 
A letter of intent, prepared by the applicant or his designated representative or agent, shall accompany the preliminary subdivision plan application and shall include a statement outlining the proposed subdivision, the owner of the property and any proposed building, the project builder or contractor (if known), a proposed construction schedule, the principals involved in the financing of the project and any other information deemed necessary by the Town Department of Public Works. Such additional information may include data on the nature and legal status of existing or proposed easements and a description of all deed restrictions or covenants applicable to the property.
C. 
Appropriate fees to cover the costs of processing the application for preliminary subdivision plat approval shall accompany the application and shall be paid to the Town of Webster upon filing with the Town Planning Board. Such fees shall be established by the Town Board by resolution, may from time to time be changed by the Board and shall not be refundable.
A. 
The Town Planning Board's review of a preliminary subdivision plat application shall include but shall not be limited to the following considerations:
(1) 
The adequacy and arrangement of pedestrian access and circulation into and through the site (including separation of pedestrian and vehicular traffic), location and design of walkway structures, control of intersections where vehicular and pedestrian traffic converge and overall pedestrian convenience and safety in the site; the adequacy of facilities designed to assist handicapped persons using the facility.
(2) 
The adequacy and arrangement of vehicular access and circulation into and through the site (including separation of pedestrian and vehicular traffic), location and design of driveways, drive aisles and curb cuts.
(3) 
The adequacy, type and arrangement of trees, shrubs and other landscaping on the site for use as visual and/or noise-deterring buffers between adjoining land uses, or as natural design elements to enhance the aesthetic aspects of the project.
(4) 
In the case of an apartment building, townhouse or other form of multifamily dwelling, the adequacy of usable open space areas for playgrounds and/or other recreational activities.
(5) 
The adequacy, location and design of parking facilities, loading and unloading areas and docking facilities.
(6) 
The adequacy of stormwater and drainage facilities.
(7) 
The location, arrangement, size and design of all dwelling and exterior lighting and signage.
(8) 
The adequacy of water supply to the site and sewage and refuse disposal facilities.
(9) 
The protection of solar access on adjacent or neighboring properties.
(10) 
The protection of adjacent properties and the general public against noise, glare and unsightliness or other objectionable influences.
(11) 
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(12) 
The proposed grading of the site.
(13) 
The adequacy of all temporary and permanent provisions to control erosion from the site, maintain existing vegetation and wildlife habitats within the site, deal with peculiar soil types on the site and other similar site environmental problems.
(14) 
The adequacy, design and location of fire lanes, emergency access zones or other similar areas intended to provide ingress and egress for emergency vehicles; the adequacy and location of fire hydrants.
(15) 
Provisions for snow storage and/or removal.
(16) 
The proposed construction schedule or phasing of the project and its relationship to overall project design.
(17) 
General project conformance with accepted planning, engineering and site design standards and criteria.
(18) 
The adequacy, location and design of shoreline/erosion protection structures.
(19) 
The adequacy, size, location and design of boat docking facilities, fishing piers, slips, catwalks, boat-launching ramps and other similar facilities.
(20) 
The adequacy of provisions of pedestrian access to the shore zone for particular sites.
(21) 
The aesthetic and architectural qualities of the proposed project, particularly building styles and construction materials used, as they relate to any unique characteristics of a particular site and the surrounding natural environment.
A. 
The Town Planning Board shall conduct a public hearing on the proposed preliminary subdivision plat. Such a public hearing shall be conducted within 62 days of the date of receipt of the application for preliminary subdivision plat approval and shall be advertised in a newspaper of general circulation in the Town at least five days prior to the public hearing. The applicant shall be responsible for notifying, by first class mail, all property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Planning Board his/her affidavit of mailing such notices. Failure to receive such notice shall not be deemed a jurisdictional defect of the Planning Board.
[Amended 5-7-2004 by L.L. No. 1-2004]
B. 
Prior to the approval of any development application by the Town Planning Board, the Town Department of Public Works shall review such application and make recommendations to the Board concerning the project. Such recommendations shall include an identification of any private easements or agreements, variances required for the project and/or possible problems with the general subdivision plat design, parking or building layouts, ingress or egress, building density or setbacks, pedestrian and vehicular circulation and other land use, site design, zoning or environmental problems or concerns. Such recommendations may also include possible alternative design solutions. The Town Department of Public Works shall be responsible for coordinating all other Town permit procedures necessary for any given project or proposed development, including the Town environmental quality review process and the procedures for obtaining development permits within Environmental Protection Overlay Zoning Districts.
[Amended 5-7-2004 by L.L. No. 1-2004]
C. 
The Town Planning Board shall be responsible for referring, as necessary or required, any development project to the various departments or agencies, prior to any final action being taken by the Town Planning Board on the application. The Town Planning Board shall also be responsible for referring certain site development plans to the Monroe County Department of Planning for a report in accordance with the provisions of § 239-m of the General Municipal Law prior to any final action being taken on the application by the Town Planning Board.
D. 
Within 62 days of the public hearing on an application for preliminary subdivision plat approval, the Town Planning Board shall act on it. If no decision concerning such an application is made pursuant to § 192-20 of this chapter within said sixty-two-day period, the preliminary subdivision plat shall be considered approved. If final approval is not received within one year following preliminary approval, the applicant shall be required to submit the application for reconsideration of preliminary subdivision plat approval. The sixty-two-day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant.
[Amended 5-7-2004 by L.L. No. 1-2004]
E. 
The Town Planning Board may approve an application for subdivision plat review when, based on the information presented at the public hearing, it has determined that the project will adequately and appropriately address the considerations and criteria listed above. The Town Planning Board may place reasonable restrictions or stipulations on such applications in order to ensure that the project will adequately and appropriately address the considerations and criteria listed above.
F. 
The Planning Board's decision shall refer to a specific site plan drawing by date and number and may include recommendations of desirable modifications to be incorporated into the final site plan. Conformance with said modifications shall be considered a condition of project approval. If the preliminary site plan is disapproved, the Planning Board's decision shall clearly state the reasons for such denial. In such case, the Planning Board may recommend further study of the site plan and resubmission to the Board after it has been revised or redesigned.
[Added 5-7-2004 by L.L. No. 1-2004]
A. 
After receiving preliminary approval, with or without modification, from the Planning Board on a preliminary subdivision plat, the applicant may prepare a final detailed subdivision plat and submit it to the Planning Board for approval. If more than six months have elapsed since the time of the Planning Board's action on the preliminary subdivision plat or if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary subdivision plat and an additional public hearing for further review and possible revision prior to accepting the proposed final subdivision plat for review.
B. 
The final detailed subdivision plat shall conform substantially to the preliminary subdivision plat that has received preliminary subdivision plat approval. It shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. In addition to that provided elsewhere in the chapter, the Planning Board may require a letter of credit, bond or maintenance bond for any facility or improvement that is indicated as part of the plat, such as parking areas and buffer and screen devices. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
C. 
In addition to final detailed subdivision plats, the following additional information shall accompany an application for final subdivision plat approval:
(1) 
A record of application for and approval status of all necessary permits from town, county and state departments or agencies.
(2) 
An estimated project construction schedule.
(3) 
Submission of all proposed easement including private easements, agreements and deed restrictions.
[Amended 5-7-2004 by L.L. No. 1-2004]
(4) 
Submission of evidence of firm financial commitments for project constructions and permanent financing for completion of the project.
(5) 
Any other information or data deemed necessary by the Town Department of Public Works and/or Town Planning Board.
D. 
There shall be no additional fee required for review of an application for final subdivision plat approval. Such review shall take place at a regularly scheduled meeting of the Town Planning Board but shall not require a public hearing.
E. 
If the final detailed subdivision plat is substantially different from the approved preliminary plat, then the applicant shall present any modifications to the Planning Board as a preliminary subdivision plat in accordance with the approval procedures found in this section. The Planning Board shall then determine whether or not the modified plat is still in keeping with the intent of the Planning Board resolution which approved the preliminary subdivision plat. If a negative decision is reached, the subdivision plat shall be considered as disapproved.
A. 
Within 62 days of receipt of the application for final subdivision plat approval, the Planning Board shall notify the Town Commissioner of Public Works of its decision. If no decision is made within the sixty-two-day period, and upon the applicant's completion of requirements to be met, the final subdivision plat shall be considered approved. However, the sixty-two-day time period may be extended by mutual consent of the Town Planning Board and the applicant. The Planning Board's decision shall clearly refer to a specific subdivision plat by drawing number and date.
B. 
Upon approval of the final subdivision plat and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final subdivision plat and shall forward such copy to the Town Commissioner of Public Works. Upon disapproval of a final subdivision plat, the Planning Board shall so inform the Commission of Public Works, and the Town shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval or approval. Town Planning Board approval of a final subdivision plat shall expire after one year from the date of such decision unless a building permit has been taken out within such time period, for work indicated on the final subdivision plat, and subdivision development and/or construction has begun as determined by the Town Planning Board. An application for preliminary or final subdivision plat approval that has been denied by the Town Planning Board may not be resubmitted to the Board for a period of one year from the date of such decision unless such plat has been changed or revised to reflect the concerns and recommendations of the Planning Board indicated in its notice of denial.
C. 
In taking action on applications for final subdivision plat approval, the Town Planning Board shall ensure that, to the maximum extent possible, the minimum requirements of the Town Zoning Ordinance[1] have been met or that appropriate variances have been granted by the Town Zoning Board of Appeals. The Town Planning Board may impose additional restrictions or conditions on applications for final subdivision plat approval beyond the general requirements of the Town Zoning Ordinance, but within the scope and authority of this section, if it determines that such restrictions or conditions are necessary to ensure project conformance with generally accepted planning, engineering and design standards and criteria or to minimize the project's adverse impact on adjacent land uses and other physical and environmental features or are directly related to the health, safety or general welfare of the community. Such additional restrictions or conditions shall be in the form of a resolution of approval as a condition of final subdivision plat approval. Final subdivision plat approval cannot be granted for any project until all private easements and agreements have been obtained, all necessary variances from the Town Zoning Board of Appeals have been granted and/or all use permits from the Town Board have been granted and a review or referral has been received concerning the project from the Monroe County Planning Department in accordance with the provisions of the General Municipal Law, if required.
[Amended 5-7-2004 by L.L. No. 1-2004]
[1]:
Editor's Note: See Ch. 225, Zoning.
D. 
The following documents shall be submitted upon approval of the final plat map:
[Amended 5-7-2004 by L.L. No. 1-2004]
(1) 
Payment of necessary engineering and legal fees.
(2) 
A certified copy of the deed checked against plat boundaries.
(3) 
A tax search showing no unpaid taxes.
(4) 
A certified copy of the deed or an attorney's certificate of title.
(5) 
Proposed easements, including private easements, easement agreements, and deed restrictions.
[Amended 5-7-2004 by L.L. No. 1-2004]
(6) 
A permit for connection to county or state roads.
(7) 
A statement of dedication of streets and utilities.
(8) 
Improvement districts processed.
(9) 
Approval of the County Health Department.
(10) 
Payment of Planning Board fees.
(11) 
Map signatures required:
(a) 
Certificates by the applicant's representatives, as required by New York State Law.
(b) 
Commissioner of Public Works.
(c) 
Town Assessor.
(d) 
Town Highway Superintendent.
(e) 
Monroe County Health Department.
(f) 
Planning Board Chairman or Secretary.
(g) 
Fire Marshal.
(h) 
Water Department official.
(i) 
Sewer Department official.
(j) 
A certification by the applicant, and the property owner if different than the applicant, that the undersigned applicant and property owner accepts all conditions and approvals as set forth on the final plat map.
[Added 5-7-2004 by L.L. No. 1-2004]
(12) 
The following certifications will be required and placed on the subdivision plat map:
[Added 5-7-2004 by L.L. No. 1-2004]
(a) 
It is hereby certified that all lots shown hereon fully comply with the Zoning Ordinance (Chapter 225) and the Subdivision Rules and Regulations of the Town of Webster.
(b) 
The subdivision is well drained and is not subject to flooding or standing water.
(c) 
All sanitary sewers are in compliance with the specifications and sewer policy of the Town of Webster.
(d) 
The grade level at the front building line is 1/4 inch per foot above the center of the road, or (when applicable) grade level requirements have been waived by the Planning Board due to the topography within the subdivision.
(e) 
The area occupied by the right-of-way for public roads or streets is _______ square feet.
(f) 
All right-of-way indicated on this map shall be considered temporary easements to the Town of Webster. The easement shall be for the purpose of ingress and egress, and maintenance of utilities, and the Town may also assign the easement for the purpose of extending roads or utilities.
[Amended 5-7-2004 by L.L. No. 1-2004]
The Board may take any one of the following actions on an application for preliminary or final subdivision plat review:
A. 
Preliminary approval: Application is given preliminary site plan approval as presented.
B. 
Preliminary approval with modifications: Application is given preliminary site plan approval subject to certain modifications being made in the plan that will be shown on the final site plan.
C. 
Disapproval: Application for site plan approval is denied based upon reasons stated in the decision.
D. 
Disapproval without prejudice: Application for site plan approval is denied based upon reasons stated in the decision. However, the Planning Board may reconsider the application if substantial changes are made in the site plan design or overall project concept. A new application fee for the Planning Board is required, and the additional public hearing is required if and when the new plans are submitted.
E. 
Final approval: Application is given final site plan approval as presented.
F. 
Final approval with modifications or conditions: Application is given final site plan approval subject to certain modifications or conditions contained in the decision or resolution of approval to be signed by the applicant.
G. 
Reserve decision.
H. 
Tabled: Preliminary site plan hearing is postponed pending receipt of additional information, appearance of applicant or a representative, or for other reasons as determined by the Planning Board.
[Amended 7-17-2003; 8-5-2004 by L.L. No. 2-2004]
A. 
The arrangement of streets in the subdivision shall provide for the continuation of the principal or secondary streets in the adjoining subdivisions or for their proper projection when adjoining land is not subdivided and shall be of a width at least as great as that of the existing street to be connected.
B. 
A street right-of-way width shall be a minimum of 60 feet and streets shall be so laid out that high-speed through traffic will be discouraged.
C. 
Irregular jogs in streets with center-line offsets of less than 125 feet shall not be permitted.
D. 
Street intersections of less than 90° shall be discouraged, and intersections of less than 60° shall not be permitted.
E. 
Dead-end streets or culs-de-sac shall have a turnaround with a minimum radius of 60 feet for the outside curve at the closed end.
F. 
Distances between intersecting streets shall be greater than 300 feet. Every street shall be designed so as to permit adequate access to the subdivision by emergency vehicles.
G. 
A pedestrian right-of-way shall be provided not less that 10 feet in width near and through the center of every block over 800 feet in length, if such right-of-way is needed to provide ingress to and egress from a public or municipal building or activity.
H. 
Sanitary sewers shall be laid out in conformance with the sewer policy of the Town of Webster existing at the time the subdivision is reviewed by the Planning Board. All sanitary sewers shall be constructed in conformance with Town specifications.
I. 
Storm sewers shall be provided for the adequate drainage of the subdivision as required by the Planning Board and shall be constructed in accordance with specifications approved by the Department of Public Works for the Town of Webster.
J. 
Corner lots shall be increased in size whenever necessary so as to provide the minimum setback requirements established by the Zoning Ordinance[1] of the Town of Webster.
[1]:
Editor's Note: See Ch. 225, Zoning.
K. 
Grade level at the front of the building line shall be 1/4 inch per foot above the center of the road unless otherwise permitted by the Planning Board because of unusual topography.
L. 
Lands subject to flooding shall not be platted for residential occupancy or for such other use as may increase danger to life or property or aggravate the flood hazard, but such land may be used for such purposes as shall not be endangered by periodic or occasional inundation or increase the danger of flood.
M. 
(Reserved)
N. 
Street lines within a block deflecting from each other at any one point more than 10 degrees shall be connected with a curve, the radius of which for the interstreet lines shall be a minimum of 250 feet. The outer street line in each case shall be parallel to the interstreet line.
O. 
The Planning Board may require recreation, park or open areas in any subdivision plat where it deems it necessary to ensure adequate recreational and open area within the proposed subdivision, or, in lieu thereof, payment of a parks and recreation fee.
P. 
Street names shall not be similar to existing streets, and all proposed street names shall be checked with the County of Monroe for approval.
Q. 
The subdivider shall be required to attend the regular meeting of the Planning Board at which the application for sketch plan review, preliminary review and final approval is made and any subsequent meetings deemed necessary by the Chairman of the Planning Board.
R. 
The initial layout provided by the subdivider shall include a map showing all contiguous lands owned or under option by the subdivider.
S. 
The Planning Board reserves the right to refuse subdivision of any lands which, because of the size, shape, topography or location, according to good planning standards, are not suitable for subdivision development.
T. 
Modifications from the general requirements above outlined may be granted by the Planning Board in its discretion.
Permits for advertising signs pertaining to the approved subdivision may be obtained from the Town Building Official. Such signs must conform to the following regulations:
A. 
Such signs should not be in excess of 20 square feet. The number of signs permitted shall be at the discretion of the Planning Board.
B. 
Such signs may be erected for a period of one year with the right to make application for a renewal of six months. Renewals shall be granted by the Board in its discretion.
C. 
A deposit of $25 will be required, which will be returned to the subdivider upon proof of removal of the subdivision sign at the expiration of the period of the permit; and upon failure to notify the Building Official of removal of the sign within 10 days of such removal, the $25 will be forfeited.
D. 
The subdivision sign must be located at least 25 feet from the edge of any street right-of-way and within subdivision boundaries.
E. 
The sign permit shall be posted on the subdivision sign.
F. 
The subdivider shall be responsible for the erection of the sign and for the maintenance thereof.
Reasonable costs incurred by the Town Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed subdivision plat, that are over and above the basic application fee, shall be charged to the applicant at a rate as established by the Town Board.
Whenever the particular circumstances of a proposed development require compliance with environmental protection permits or procedures as found in this Subdivision of Land Ordinance, or requirements of the Town's land subdivision regulations or SEQR regulations, then the Town Planning Board and Town Department of Public Works shall attempt to integrate, where possible, subdivision plat review as required by this section with the procedural and submission requirements for such other compliance.
It shall be the responsibility of the subdivider to determine whether or not the proposed subdivision is situated within a sewer, lighting, park, water, drainage or other special improvement district. If an improvement or improvements shall be required for which a district has not been established, the subdivider shall, prior to application for final approval, submit a petition to establish the improvement district(s) in accordance with New York State Town Law, Article 12.
[Amended 5-7-2004 by L.L. No. 1-2004]
After a determination has been made that an easement or easements will be required, either for the purpose of ingress to or egress from the subdivision or as a concomitant of any of the improvement districts to be formed therein, the subdivider, or property owner if different from the subdivider, shall submit to the Town Attorney for the Planning Board the proposed easement and a legal description of the property with in said easement.
[Amended 11-2-1995]
A. 
Legislative authority. The Town Board of the Town of Webster enacts this section of the Code of the Town of Webster pursuant to its authority under New York State Town Law § 278.
B. 
Legislative intent. It is the intent and purpose of this section to enable and encourage flexibility in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of open space and to protect local ecology, major strands of trees, steep slopes, geological features and other areas of environmental value.
C. 
Modifications authorized. The Planning Board of the Town of Webster is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law and Chapter 192 of the Code of the Town of Webster, to modify applicable provisions of Chapter 225 (Webster Zoning Ordinance) of the Code of the Town of Webster.
D. 
Number of dwelling units permitted.
(1) 
The maximum permitted number of dwelling units or building lots shall be determined by dividing the land area of the subject property by the normal minimum required lot area for the zoning district in which it lies. However, prior to determining the number of dwelling units or building lots, the parcel to be developed shall be adjusted as follows:
[Amended 11-18-2004]
(a) 
Lands used by public structures or rights-of-way may not be considered as part of the total gross area.
(b) 
Water bodies, all areas within the one-hundred-year flood boundary as indicated on the Flood Insurance Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA) and state and federal wetlands shall be subtracted from the total gross area.
(c) 
Where up to 25% of the total gross area of the parcel to be developed consists of land with slopes equal to or greater than 15%, 1/2 of the total of such land shall be subtracted from the total gross area. Where more than 25% of the total parcel to be developed consists of land with slopes equal to or greater than 15%, 1/2 of 25% of the total gross area, together with the amount of land with slopes equal to or greater than 15% in excess of the initial 25% of the total gross area shall be subtracted to determine the adjusted gross area.
(d) 
The adjusted total gross area of the parcel, as determined in Subsection D(1)(a), (b) and (c) above, shall then be used to compute the maximum number of dwelling units or building lots permitted.
(e) 
Wetland buffers can be included in the density calculation for the development, but shall be excluded from any potential development themselves.
(2) 
In no case shall the number of building plots or dwelling units exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of Chapter 225, Zoning, of the Code of the Town of Webster.
E. 
Applicability.
(1) 
The provisions of this section shall apply to applications for division of land parcels containing a total land area of appropriate size and dimension which can accommodate at least five building lots according to the standards of this chapter, and which can be classified as subdivisions under the Town Subdivision of Land Ordinance.
(2) 
An owner of property within any residential zoning district may make application under this section at preliminary sketch plan application, provided that the site meets the minimum requirements defined above.
(3) 
The Planning Board may require that a land parcel, meeting the minimum requirements under this section, be developed in a cluster design provided that:
(a) 
The parcel is located within any residential district or the Waterfront Development District; and
(b) 
The parcel possesses one or more of the following site characteristics:
[1] 
Flood hazard areas in accordance with FEMA's Flood Insurance Rate Maps.
[2] 
Environmentally sensitive areas as designated by the Comprehensive Plan and Map.
[Amended 7-17-2003]
[3] 
Environmental Protection Overlay Districts as designated by the Town Board.
F. 
Procedures.
(1) 
These procedures may be followed at the discretion of the Planning Board, if, in said Board's judgment, the application of these procedures would benefit the Town.
(2) 
The applicant under this section shall present two preliminary plats or two sketch plans at the time of application, under § 192-14 or 192-15 of the Town Code of Webster. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within the Town Subdivision of Land Ordinance. The other shall be a layout outlining development of the parcel in the form of a cluster development.
(3) 
Upon submission of an application under this section, the applicant shall present all information required in § 192-16 of the Code of the Town of Webster, New York, supplemented by evidence of the consistency of the proposed cluster development with the criteria to be used by the Planning Board in rendering its decision. Such evidence shall include a written statement describing the natural features to be preserved or enhanced by the cluster approach. The statement should also compare the impacts upon the Town from a conventional subdivision layout to the impacts of the cluster development for which application is being sought.
(4) 
Upon submission of a required application under this part, the applicant shall present all information required in § 192-16 of the Code of the Town of Webster, New York, supplemented by an environmental inventory of the land parcel which identifies:
(a) 
Flood hazard areas in accordance with FEMA's Flood Insurance Rate Maps.
(b) 
Environmentally sensitive areas as designated by the Comprehensive Plan and Map.
[Amended 7-17-2003]
(c) 
Environmental Protection Overlay Districts as designated by the Town Board.
G. 
General design requirements.
(1) 
A cluster development shall meet all requirements for a subdivision in accordance with prevailing Town law and any other federal, state and local law, with the exception of the minimum required front and rear setbacks and lot size.
(2) 
The minimum distance between structures on separate lots which make up a cluster development shall be 15 feet with no less than five feet of that distance being on each of the lots.
(3) 
The minimum lot widths for lots in a cluster development for each district shall be as follows:
District Minimum Lot Width (feet)
R-1 95
R-2 75
R-3 75
BLE)
(4) 
Each building in a cluster development shall be an integral element of an overall concept for the site. The concept should take into consideration all requirements of this section and all other relevant sections of this law and other Town legislation.
(5) 
The overall development shall be oriented in such a way as to maximize the preservation of environmental, cultural or recreational resource(s) present at the site.
(6) 
The area dedicated for open space purposes, including playgrounds and parks, shall be in an amount, location, quality and shape as is desirable for accessibility to all developed properties and open space preservation, as determined by the Planning Board.
(7) 
Where possible, all land not contained within the lots, road rights-of-ways or designated preserve land shall be contiguous and of such size and shape as to be usable for recreation and/or open space.
H. 
Permitted uses. Permitted uses in a cluster development shall be the same as those allowed in the Town zoning district where the development is proposed and located. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Zoning Ordinance applicable to such lands.
I. 
Open space.
(1) 
All land not included in building lots or road rights-of-way shall be designated as open space. At minimum, open space within a development should equal or exceed the difference between the total land area required for building lots under a conventional subdivision and the total land area required for building lots under the proposed cluster development.
(2) 
Where a cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, should be a part of the open space.
(3) 
All areas designated for open space shall also comply with § 192-27J of this chapter.
J. 
Action by the Planning Board.
(1) 
The Planning Board, prior to acting on an application for preliminary plat review, within the time limits established in the Town Subdivision of Land Ordinance, shall refer all relevant information of the application for review and comment to the Town Engineer, and any other bodies, at its discretion. All and any comments on the application received within the time limits established in the Town Subdivision of Land Ordinance shall be reviewed and considered prior to Planning Board action on the application.
(2) 
The Planning Board shall approve a voluntary application for cluster development, or mandate cluster development under a required application, if the proposed development complies with the standards of this and other relevant laws and if, in its opinion, based on review of evidence about the site, traditional site layout would result in the elimination or permanent alteration of at least 60% of one or 60% of any combination of the following attributes present on the site:
(a) 
Flood hazard areas in accordance with FEMA's Flood Insurance Rate Maps.
(b) 
Environmentally sensitive areas as designated by the Comprehensive Plan and Map.
[Amended 7-17-2003]
(c) 
Environmental Protection Overlay Districts as designated by the Town Board.
(3) 
In the event that the criteria listed above is not met by the proposed development, the Planning Board may approve a voluntary application for cluster development if, in its opinion, the development of the site in a cluster design shall achieve one or more of the following objectives:
(a) 
The proposed cluster development shall protect natural and scenic resources on, adjacent to or near the site, better than conventional site layout.
(b) 
The proposed cluster development shall contribute to town-wide open space planning by creating or complementing a system of permanently preserved open spaces.
(c) 
Sufficient evidence has been presented by the applicant to document that the proposed cluster development shall foster housing for special sectors of the community, including those groups identified in the Comprehensive Plan as populations which may require special housing initiatives to meet their particular needs (e.g., elderly residents, first-time homebuyers).
[Amended 7-17-2003]
K. 
Reservation of open space lands.
(1) 
As a condition of final plat approval of a cluster development, a perpetual conservation easement and/or other rights to property shall be placed on open space land which have the minimum effect of restricting development permanently and allowing use of such open land only for agriculture, forest management, active or passive recreation, watershed protection, wildlife habitat or other open space use and prohibiting residential, industrial or commercial use, pursuant to the open space requirements of this law and the Town Subdivision of Land regulations.
(2) 
Open space created by the use of cluster development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public. The plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. It shall indicate the book and page number of any conservation easements or deed restrictions required to be filed to implement such reservation of open space.
L. 
Patio homes.
[Added 12-20-2001 by L.L. No. 7-2001]
(1) 
It is desirable to allow patio home development within the Town of Webster to preserve open space and provide housing to accommodate senior citizens and small households.
(2) 
"Patio home" defined: a freestanding single-family home with an attached two-car garage, managed by a homeowners' association, and which home is subject to the dimensions set forth below in this subsection.
(3) 
PATIO HOME PROJECT -- A parcel of at least 20 contiguous acres devoted exclusively to patio homes, which shall be allowed in all residential districts except LL Large-Lot Single-Family Residential.
[Added 7-18-2002 by L.L. No. 2-2002]
(4) 
Dimensions of patio homes projects under this section:
[Amended 7-18-2002 by L.L. No. 2-2002]
(a) 
Minimum acreage for any such project: 20 acres.
(b) 
Minimum square footage for each home: 1,500 for single-story homes, and 1,700 for one-and-one-half- and two-story homes.
(c) 
Minimum side setback: five feet.
(d) 
Minimum front and rear setbacks: 30 feet.
(e) 
Minimum distance between homes: 15 feet.
(f) 
Minimum lot size: 9,000 square feet.
(g) 
Minimum lot width: 60 feet.
(h) 
Minimum front setbacks from the center line of a private road: 45 feet.
(5) 
One-half or 50% of every such project shall be dedicated to, or remain, open space, exclusive of all easements, restrictions, dedicated and/or private roads, licenses, reservations and rights-of-way.
[Amended 7-18-2002 by L.L. No. 2-2002]
[Amended 5-7-2004 by L.L. No. 1-2004]
A. 
If final approval of a subdivision plat has expired pursuant to § 192-19B, and if the applicant desires to proceed with the project, the applicant shall be required to reapply for preliminary and final approval.
B. 
An application may be made to the Planning Board for an extension of final approval prior to the expiration of such final approval with sufficient time to allow the required publication and notice and public hearing prior to the expiration of said final approval. Such public hearing shall be held to consider whether such extension shall be granted. The Planning Board may require additional conditions or modifications to said final approval.
[Added 10-18-2001 by L.L. No. 6-2001]
An application which has received final site plan approval within one year of the enactment of any change to the Webster Town Code will have one year to commence meaningful construction, as determined by the Planning Board, from the date of that final site plan approval. If final approval of any phase is received before adoption of the new legislation, and meaningful construction has occurred within one year after final approval has been granted, then the original code section will apply to the application.