[Amended 6-26-1989 by L.L. No. 1-1989; 2-11-2015 by L.L. No. 3-2015]
The owner of any parcel of land, and/or his/her authorized agent, shall apply for and obtain subdivision review and approval from the Planning Board, as provided in this chapter, before:
A.
Any contract is made for the conveyance of any part or portion of such land, other than the whole thereof, unless performance of such contract is conditioned upon obtaining such subdivision approval;
B.
Any conveyance is made of any part or portion of such land, other than the whole thereof, except in accordance with the order of a court having jurisdiction, or pursuant to governmental action (such as a taking for highway purposes or the exercise of eminent domain);
C.
Any permit is granted for related work in the highway right-of-way or for the erection of a permanent structure in any proposed subdivision; or
D.
Any subdivision plat or map may be filed in the office of the Monroe County Clerk.
[Added 6-26-1989 by L.L. No. 1-1989]
Notwithstanding the provisions of this chapter otherwise, the owner of property who proposes to sell or convey one or more lots, all of which have an area of at least five acres, including any parcel to be retained by the owner, may apply to the Planning Board for exemption from the formal subdivision review process specified otherwise in this chapter, subject to the requirements, procedures, conditions and restrictions set forth or referred to in this section.
A.
Requirements. Before any exemption from the formal subdivision review process shall be granted, application therefor shall be made to the Planning Board as hereinafter specified, demonstrating to the satisfaction of the Planning Board that:
(1)
Each proposed lot will be at least five acres in size and will be in full conformity with all provisions of Chapter 95, Zoning.
(2)
The proposed division of land and the resulting lot or lots will not involve any new public street or road or the extension of an existing street or road and will not adversely affect the future development of streets or roads within the general area.
(3)
No construction of a new municipal facility or creation of a special district, or extension of an existing municipal facility or special district, including but not limited to a water or sewer facility or district, will be required or will be appropriate.
(4)
No drainage problem will be created, and development of any lot shall minimize any existing drainage problem. No violation of wetlands regulations shall exist or be created.
(5)
Lot layout and design will not adversely affect the capacity of a lot to support private water and sewage disposal systems.
(6)
Such exemption and the proposed conveyance(s) will not adversely affect, in any way, the development of the remainder of the parcel which may be retained by the owner or of any adjoining property.
(7)
Such division of land and any development which may result or be encouraged thereby will be in conformity with the Community Comprehensive Master Plan and any similar policies, statements or guidelines utilized by municipal officials or agencies in the making of planning decisions.
(8)
The interest of prospective purchasers and the general health, welfare and safety of the community will not be adversely affected.
B.
Procedure. Applicants for exemption from the formal subdivision review process under this section shall apply to the Planning Board and submit such documents and information as may be required in this chapter or the regulations of the Planning Board with regard to sketch layouts of proposed subdivisions, except as such requirements or regulations may be inconsistent with this section. In addition, the applicant shall submit sufficient information and data to enable the Planning Board to make the required determinations under Subsection A above, including:
(1)
A description or identification of any measures which the applicant would propose or consider, such as easements or deed restrictions, which would resolve or mitigate problems otherwise preventing compliance with any of the requirements specified in Subsection A above.
(2)
The location of any existing water supply and sewage disposal facilities.
C.
Action by Planning Board.
(1)
Review by the Planning Board shall take place in the manner generally provided in this chapter and guidelines adopted by the Board for sketch layout review, except as inconsistent with this section. Such review may include referral to the Town Engineer and Monroe County Planning Department.
(2)
Within 45 days following complete submission of an application for exemption, as certified by the Clerk of the Planning Board, the Planning Board shall grant or deny such exemption and notify the applicant, in writing, accordingly.
(3)
Such exemption may be granted in whole or in part and may be conditioned upon such modifications as the Planning Board may determine to be necessary or appropriate to satisfy the requirements specified in Subsection A above.
(4)
The time period within which the Planning Board shall grant or deny the exemption may be extended by mutual agreement between the applicant and the Planning Board. If no action is taken by the Planning Board within the aforesaid time period or any extension thereof, as agreed upon between the parties, the application for exemption shall be deemed denied.
(5)
In the event that the exemption is granted, the Chairman of the Planning Board, upon compliance by the applicant with all conditions and modifications which may have been expressed as part of such approval, shall sign and date two copies of the sketch layout, one copy of which shall be returned to the applicant and one copy of which shall be filed in the Town Clerk's office.
D.
Effect of action by Planning Board.
(1)
Denial of an application for exemption shall mean that the applicant will be required to comply with the formal subdivision review and approval process specified otherwise in this chapter.
(2)
The grant of any exemption hereunder and the approval of any sketch layout shall not constitute, in any way, authorization for the filing of any map or plat with the Monroe County Clerk's office or for the issuance of any building permit by the Town Building Inspector. Before any such filing or the issuance of any such permit may take place, the owner or purchaser of a lot or lots granted exemption hereunder shall comply with the formal subdivision review or site plan review process, as applicable.
(3)
The grant of any exemption hereunder shall constitute permission for the applicant to convey lots which are included within such exemption without formal subdivision review and approval, subject to the requirements, conditions and restrictions set forth herein and in conformance with any conditions or modifications expressed as part of the grant of exemption by the Planning Board.
E.
Conditions and restrictions; violations.
(1)
The conveyance of any parcel or lot for which an exemption hereunder has been granted in a form or manner not in substantial compliance with the grant of such exemption or the sketch layout approved in connection therewith shall constitute a violation of this chapter and grounds for the Planning Board to thereafter refuse to consider or to deny approval of any application for subdivision or site plan approval relating to such parcel or lot.
(2)
The owner of any lot for which an exemption is granted hereunder, or his representative or agent, shall, in writing, advise any prospective purchaser of such lot that:
(3)
Any printed or written notice or materials which may be distributed or available in connection with the offering for sale of lots for which an exemption is granted hereunder shall contain the information specified in Subsection E(2).
(4)
Any exemption from formal subdivision review granted hereunder shall expire three years after the grant of such exemption if the property has not been conveyed as approved; provided, however, that upon application to the Planning Board, such period may be extended for not more than two one-year periods (or for such lesser time periods, not exceeding a total of two years, as may be specified by the Planning Board), upon determination by the Planning Board that the requirements of Subsection A are still satisfied.
(5)
No application for exemption under this section shall be considered or accepted by the Planning Board with respect to any lot created from a parcel from which one or more lots had previously been granted an exemption hereunder, including adjoining parcels in common ownership at the time of such application or grant of exemption, until five years have elapsed from the time of the grant of such exemption, in the case of exemptions involving three or more lots (not including the original or parent parcel), or until two years have elapsed, in the case of exemptions involving one or two lots.
A.
Purpose. The purpose of this step is to afford the subdivider an opportunity to consult early and informally with the Planning Board in order to save time and money and to make the most of opportunities for desirable development.
B.
Requirements.
(1)
The number of copies and contents of the sketch, layout (also known as the "concept layout") submission shall be a prescribed in Chapter 38, Design Criteria.
[Amended 2-9-2004 by L.L. No. 1-2004]
(2)
Before preparing a sketch layout, the subdivider may discuss with the Planning Board, commissions, departments and officials the general requirements as to design of streets, reservations of land, Town frontage road policy, drainage and erosion control and slope stabilization measures, water retention facilities, sewerage, water supply, fire protection and other improvements, as well as procedural matters. Subdividers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Director of Public Works at the sketch layout stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process. Where public utilities are involved, the subdivider's engineer should contact the agencies for connection specifications, capacities and any other requirements of the respective agencies.
(3)
The Planning Board shall study the sketch layout of a proposed subdivision in relation to existing or potential development of the adjacent area, the Town and County Master Plans, if any, and in the course of its review may consult with other interested public agencies. In addition, if not already done so, the Planning Board may refer a copy of the sketch layout to the Town Engineer for his review and report.
C.
County Department of Planning review. Upon receipt of the complete application for sketch plan approval, certified as such by the Clerk of the Planning Board, the Planning Board may refer said application to the Monroe County Department of Planning for its review and report, which shall be made to the Planning Board.
D.
Notification of results of sketch plan layout review. Not later than 45 days following the submission of a complete sketch layout, as certified by the Clerk of the Planning Board, the Planning Board shall convey a written report to the subdivider containing its comments concerning the design of the proposed subdivision, including, in appropriate cases, suggestions as to coordination with the design of adjacent subdivisions or compliance with requirements of other interested public agencies. Copies of minutes of the relevant meetings shall be considered a sufficient written report.
A.
General requirements. A preliminary plat shall be prepared and submitted to the Planning Board for all proposed subdivisions.
B.
Requirements.
(1)
The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for preliminary layouts as prescribed by Chapter 38, Design Criteria. The preliminary plat should comply with the recommendations made by the Planning Board as the result of its review of the sketch layout.
[Amended 2-9-2004 by L.L. No. 1-2004]
(2)
The number of copies and contents of the preliminary plat, and the supplementary material submitted in connection with the application for preliminary plat approval, shall be as prescribed in Chapter 38, Design Criteria.
[Amended 2-9-2004 by L.L. No. 1-2004]
(3)
The Planning Board, in its consideration of the preliminary plat, shall review the topography and character of the area; conformance of the proposed development with the requirements of Chapter 95, Zoning, and Chapter 38, Design Criteria; compatibility of the proposed development with the Town Master Plan, Official Map (if any) and any other applicable regulations and requirements, including the State Environmental Quality Review Act and regulations adopted thereunder.
[Amended 2-9-2004 by L.L. No. 1-2004]
(4)
In reviewing a preliminary plat, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the preliminary plat. As directed by the Planning Board, the Town Engineer shall receive a copy of the preliminary plans for review at least two weeks prior to the date of the public hearing on the preliminary plan.
C.
County Department of Planning review; establishment of public hearing date. Upon receipt of a complete and satisfactory preliminary plat application, as certified by the Clerk of the Planning Board, the Planning Board shall refer copies of said plan to the Monroe County Department of Planning for its review and report and shall schedule a public hearing within the time limit specified in § 276 of the Town Law, from the date of receipt of the complete application by the Clerk of the Planning Board. (See Appendix A for this and subsequent time limits specified in § 276 of the Town Law that are alluded to in these rules and regulations.[1]) The hearing shall be advertised at least once in a newspaper of general circulation in the Town within the time limit specified in § 276 of the Town Law, before the date of the scheduled hearing.
[1]
Editor's Note: Appendix A is on file in the office of the Town Clerk.
D.
Action by Planning Board. Within 62 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of these rules and regulations, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form.
[Amended 2-9-2004 by L.L. No. 1-2004]
E.
Notification of decision. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in the Town Office and mailed to the subdivider. In the event that the Planning Board fails to take action on the preliminary plat within the time prescribed therefor, such plat shall be granted preliminary approval. The certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
F.
Coordination with environmental quality review. In its review and consideration of the preliminary plat submission, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations (SEQRA). Notwithstanding the provisions otherwise set forth in this section or in Chapter 38, Design Criteria, no application for preliminary plat approval shall be considered complete until either a negative declaration under SEQRA has been filed, or a notice of completion of the draft environmental impact statement (DEIS) has been filed in accordance with SEQRA requirements, and no time period for review of a preliminary plat shall begin running until such negative declaration or notice of completion of the DEIS has been filed. The public hearing on the preliminary plat shall be coordinated, to the extent possible, with any hearings which are held pursuant to SEQRA, in the manner prescribed in § 276 of the Town Law.
[Added 2-9-2004 by L.L. No. 1-2004]
A.
General review procedure. After receiving approval, with or without modification, from the Planning Board on a preliminary plat, the subdivider may prepare his final subdivision plat and submit it to the Planning Board for approval, except that if more than six months have elapsed between the time of the Planning Board's decision on the preliminary plat and the submission of the final subdivision plat and the Planning Board finds that conditions on the plat have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary plat for further review and possible revision prior to accepting the proposed final subdivision plat for review, in which case a public hearing shah be held on the revised plan.
B.
Requirements.
(1)
The final subdivision plat shall conform substantially to the preliminary plat as approved by the Planning Board. It shall incorporate any modifications or other features that may have been recommended by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the subdivider on the appropriate submission.
(2)
If the subdivider wishes to develop the subdivision in stages, he may prepare and submit a subdivision plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development stages were indicated on the preliminary plat reviewed by the Planning Board. However, no more than two individual sections of a subdivision shall be in process or under construction at the same time.
C.
Application for subdivision plat. The number of copies, form and contents of the final subdivision plat shall be as prescribed in Chapter 38, Design Criteria. When submitting a subdivision plat for approval, the subdivider shall also file with the Planning Board formal offers of dedication to the Town or other appropriate public agencies of all streets, parks and playgrounds and other permanent open spaces for community use, as shown in the subdivision plat. The approval of the plat does not constitute an acceptance by the Town of the dedication of those facilities. Also, evidence of all necessary easements for stormwater discharge, sanitary sewer and water, petitions for creation of any needed special districts or any other legal documents that may be requested by the Planning Board should be submitted with the final subdivision plat.
[Amended 2-9-2004 by L.L. No. 1-2004]
D.
Action by Planning Board.
[Amended 2-9-2004 by L.L. No. 1-2004]
(1)
If the Planning Board determines that the final plat as submitted is in substantial compliance with the preliminary plat approved pursuant to § 81-18 of this chapter, and any modifications and conditions contained in such approval, the Planning Board, within 62 days of the date that the final plat and any materials required to be filed therewith are received by the Clerk of the Planning Board and deemed complete, shall by resolution grant final approval and authorize the signing of such plat, or conditionally approve (with or without modifications) or disapprove such plat.
(2)
If the Planning Board determines that the final plat as submitted is not in substantial compliance with the preliminary plat as approved, and any modifications and conditions contained in such approval, then the Board shall determine whether or not the preparation of a draft environmental impact statement (DEIS) under the State Environmental Quality Review Act (SEQRA) is required. If a DEIS is required, then the application for final plat approval shall not be considered complete until the notice of completion of the DEIS has been filed. A public hearing on the final plat shall be held within 62 days of the date that the final plat and any materials required to be filed therewith are received by the Clerk of the Planning Board and deemed complete, and the public hearing on the final plat shall be coordinated, to the extent possible, with any hearings which are held pursuant to SEQRA, in the manner prescribed in § 276 of the Town Law. If no DEIS is required, the Planning Board, within 62 days following the close of the public hearing, shall by resolution grant final approval and authorize the signing of such plat, or conditionally approve (with or without modifications) or disapprove such plat. If a DEIS is required, then action shall be taken as prescribed in § 276 of the Town Law.
[Amended 2-9-2004 by L.L. No. 1-2004]
E.
Extension of time; default approval. Notwithstanding the foregoing provisions of these rules and regulations, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. In the event that the Planning Board fails to take action on a final plat within the time prescribed therefor, the plat shall be approved. A certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
[Amended 2-9-2004 by L.L. No. 1-2004]
F.
Planning Board review; filing of plat.
(1)
In reviewing a subdivision plat, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the subdivision plat. The action of the Planning Board shall be recorded in the Board's minutes, and the subdivider shall be notified of such action through transmittal of these minutes and a copy of the map submitted. In case of disapproval of a proposed subdivision plat, the Planning Board shall have in its minutes its reasons for disapproval.
(2)
No construction of any sort, site improvements or building permit for any permanent building within the subdivision shall be issued by the municipality until after the record sheet of the subdivision plat has been approved by the Planning Board and has been filed in the office of the Monroe County Clerk and liber and page numbers have been assigned by the County Clerk. Where a permit is desired for the occupancy of a building in the subdivision prior to the completion of all the improvements shown on the approval construction sheet of the subdivision plat, in addition to other requirements of the town, the street serving the building shall be completed to a degree satisfactory to the town.
G.
Endorsement of County Health Department or New York State Department of Environmental Conservation. The proposed subdivision plat shall be properly endorsed by the New York State Department of Environmental Conservation and the Monroe County Health Department as meeting the standards of the State Sanitary Code and the Public Health Law or other applicable health codes before any public hearing is scheduled. The plat should be in final form before New York State Department of Environmental Conservation and Monroe County Health Department approval.
H.
County Official Map notification. The Planning Board will also, if the county has established a County Official Map, notify the Monroe County Planning Board and the County Superintendent of Highways or Commissioner of Public Works if the subdivision plat proposes structures or new streets having frontage on, access to or is otherwise directly related to any county road, existing or proposed, as shown on the County Official Map. The County Planning Board reports to the Planning Board within 30 days on its approval or disapproval or on its approval subject to stated conditions of the proposed subdivision plat. The plat may be approved by the Town subject to stated conditions, notwithstanding such report, when the application of such report will act to deprive the owner of the reasonable use of his land.
I.
Conditional approval. Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the plat, subject to completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in the Clerk's office and a certified copy mailed to the subdivider, including a certified statement of such requirements which when completed will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed. Notwithstanding the foregoing provisions of this chapter, the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such intention is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.
J.
Signing of plat.
(1)
Every subdivision plat submitted to the Board for its approval shall carry an endorsement or signature block for signing by the Chairman of the Planning Board and the Town Engineer, upon satisfaction of all conditions and requirements of approval.
[Amended 2-9-2004 by L.L. No. 1-2004]
(2)
In the absence of the Chairman, the Acting Chairman may sign in his place. If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map or, in cases where the plat does front on, have access to or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-n of the General Municipal Law.
K.
Expiration of approval. An approved plat must be filed in the County Clerk's office within 62 days from the date of the signature of the duly authorized officer of the Planning Board or the certificate of the Town as to the date of the submission of the final plat and the failure of the Planning Board to take action thereon within the time prescribed. If it is not, the approval expires. In the event that the owner shall file only a section of such approved plat in the office of the 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 Town Law.
[Amended 2-9-2004 by L.L. No. 1-2004]
A.
Improvements and letter of credit.
(1)
Prior to an action by the Planning Board approving a subdivision plat, the applicant shall be required to guarantee completion in accordance with the Planning Board's decision and to the satisfaction of the appropriate Town departments all the street, sanitary and other improvements specified in the action approving said plat.
(2)
The subdivider shall provide the Town with a letter of credit sufficient to cover the full cost of the improvements as approved by the Town Engineer. Such letter of credit shall be subject to approval by the Town Board in accordance with § 277 of the Town Law and shall run for a term to be fixed by the Planning Board. Upon posting of a financial guaranty and compliance with all other requirements, the Chairman shall sign the subdivision plat as evidence that it complies in full with the subdivision rules and regulations and has been approved.
(3)
After the satisfactory completion of the project, it shall be the responsibility of the subdivider to provide the Town with a maintenance bond, satisfactory to the Town as to form, sufficiency and manner of execution, for a period of not less than two years after satisfactory completion of the project, to assure the quality of the work performed and materials installed.
(4)
All required improvements shall be made by the applicant at his expense without reimbursement by the Town or any district therein. Said improvements shall include the following:
(a)
Streets.
(b)
Street signs.
(c)
Curbs and gutters.
(d)
Monuments.
(e)
Stormwater runoff system.
(f)
Sanitary sewage collection and treatment facilities.
(g)
Water supply system.
(h)
Park and recreation facilities.
(i)
Electrical, telephone and utility lines.
(j)
Erosion control, plantings and ground cover.
B.
Inspection of improvements. The Town shall employ its Engineer or municipal official as an inspector to act as agent of the Town Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board. It shall be the responsibility of the subdivider to bear any and all inspection costs incurred by the Town or its agents in connection with the subdivider's project and to have moneys included in the letter of credit. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with Planning Board recommendations or the approved construction details, the applicant will be liable for the costs of completing said improvements according to specifications.
C.
Offers of dedication and release.
(1)
The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Formal offers of dedication to the Town of all streets and parks not marked on the plat, with notation to the effect that such dedication will not be offered, shall be filed with the Planning Board prior to plat approval. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the County Clerk or register shall constitute a continuing offer or dedication of the streets, highways or parks or any of them to the public, and said offer of dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent.
(2)
Upon completion of all requirements set forth in the action approving the subdivision plat and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be signed by the Chairman of the Planning Board and may be filed by the applicant in the office of the County Clerk.
For a resubdivision, the same procedure, rules and regulations apply as for a subdivision.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect.
