[Amended 12-12-66 by Res. No. 487-1966; 2-21-67 by Res. No. 49-1967; 11-12-80
by Res. No. 407-1980; 3-24-81 by Res. No. 100-1981]
As used in this article, the following terms
shall have the meanings indicated:
Any parcel of land of five acres or less, any point on the
boundary line of which is less than 1/2 mile from any point on the
boundary line of another such lot in the same tract, unless any such
lot may not legally be used for residential purposes. Without limiting
the generality of the foregoing, the term "residential" shall include
temporary, seasonal and permanent residential use.
Any substance, solid or liquid that contains any of the waste
products or excrementitious or other wastes or washings from the bodies
of human beings or animals.
Any tract of land which is divided into five or more parcels,
after August 1, 1977, along any existing or proposed street(s), highway(s),
easement(s) or right(s)-of-way for sale or for rent as residential
lots or residential building plots, regardless of whether the lots
or plots to be sold or offered for sale or leased for any period of
time are described by metes and bounds or by reference to a map or
survey of the property or by any other means of description and regardless
of whether the lots or plots are contiguous. A tract of land shall
constitute a "subdivision" upon the sale, rental or offer for sale
or lease of the fifth residential lot or residential building plot
therefrom within any consecutive three-year period, and at this time,
the provisions of this article shall apply to all parcels thereof,
including the first four parcels, regardless of whether said parcels
have been sold, rented or offered for sale or lease singly or collectively.
Any body of land, including contiguous parcels of land, under
one ownership or under common control of any group of persons acting
in concert as part of a common scheme or plan.
A.
No subdivision or portion thereof shall be sold, offered
for sale, leased or rented by any corporation, company or person and
no permanent building shall be erected thereon until a plan of such
subdivision shall be submitted by the owner of such subdivision and
shall be filed with and approved by the Director.
B.
A subdivision plan shall show but not be limited to
methods for obtaining and furnishing adequate and satisfactory water
supply and sewerage facilities to said subdivision.
C.
The owner of a subdivision shall submit with all plans
presented for approval such data and information as may be required
by the Director. Where it is proposed to install sewage disposal systems
on each individual lot, such data and information shall include but
not be limited to the nature and condition of the soil, the ability
of the soil to absorb sewage, the depth to groundwater and bedrock,
the topography of the land and the arrangements for proper drainage
and disposal of surface water.
D.
The Director may disapprove the plans for a subdivision
if, upon review, he finds that the plans do not show methods for obtaining
and furnishing adequate and satisfactory water supply and sewerage
facilities to said subdivision or when he finds the site proposed
to be unsuitable for the obtaining and/or furnishing of adequate sewage
disposal and/or water supply.
E.
A subdivision plan shall comply with all requirements
of Part 74 of Title 10 and Part 653 of Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York.
A.
The installation of such facilities shall be in accordance
with the plans or any revision or revisions thereof approved by the
Director.
B.
Upon completion of the construction of a private well
or sewage disposal system for an individual lot in a subdivision,
the builder or owner shall immediately notify the Director, who may
arrange for an inspection of the completed work.
C.
The Director, in his discretion, may require that
private sewage disposal systems shall be installed under the supervision
and direction of a licensed professional engineer and that he shall
be furnished with a certified copy of the engineer's certificate of
inspection.
Upon the sale of a lot in a subdivision, the
owner shall furnish the purchaser with a legible reproduction of the
plan as approved by the Director.
The County Clerk shall not file nor record nor
accept for filing any map of a subdivision of land unless there is
endorsed thereon a certificate indicating the approval of the plans
by the Director.
A.
The Director may order the installation of the whole
or any part of the water supply and sewage disposal facilities of
a subdivision in accordance with the approved plans or approved revisions
thereof.
At the time of submitting a plan for approval
as required by this article, a filing fee computed at the rate of
$3.50 per lot shall be paid to the Monroe County Department of Health.
