These rules and regulations shall be known and may be cited as the "Town of Victor Subdivision Regulations." Subdivisions within the Town of Victor shall be designed and submitted for approval in compliance with the standards and procedures set forth herein.
These regulations are adopted for the following purposes:
A. 
To protect and provide for the public health, safety and general welfare.
B. 
To guide the future growth and development in accordance with established standards and sound planning principles.
C. 
To secure safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of population.
D. 
To protect the character and the social and economic stability and to encourage orderly and beneficial development.
E. 
To protect and conserve the value of land, buildings and improvements and to minimize conflicts among the uses of land and buildings.
F. 
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.
G. 
To provide the most beneficial relationship between land and buildings and the circulation of traffic; having particular regard to the avoidance of congestion in streets, highways and pedestrian traffic.
H. 
To establish design standards and procedures for subdivisions and resubdivisions and to ensure proper legal descriptions and monumenting of subdivided land.
I. 
To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
J. 
To preserve the natural beauty and topography of the Town of Victor and to ensure appropriate development with regard especially to environmentally sensitive areas.
K. 
To provide for open spaces by means of design layout of the land, including clustering to provide minimum width and area of lots, while preserving land density as established in Chapter 211, Zoning.
A. 
Approval of plats. By the authority of the resolution of the Town Board of the Town of Victor adopted on September 12, 1977, and pursuant to the provisions of §§ 276 and 277 of Article 16 of the Town Law of the Consolidated Laws of New York, the Planning Board of the Town of Victor shall be authorized and empowered to review and approve, modify and approve or disapprove plats for subdivisions, showing lots, blocks or site, with or without streets or highways, within that part of the Town of Victor outside the limits of the Village of Victor. By the same authority, the Planning Board has the authority to pass and approve the development of entirely or partially underdeveloped plats already filed in the office of the Clerk of the county.
[Amended 9-27-1993]
B. 
Clustering. By the authority of the resolution of the Town Board of the Town of Victor adopted on September 12, 1977, and pursuant to § 278 of Article 16 of the Town Law of the Consolidated Laws of New York, the Planning Board of the Town of Victor is authorized simultaneously with the approval of a plat or plats to modify applicable provisions of Chapter 211, Zoning, within that portion of the Town of Victor outside the limits of the Village of Victor. Such authority shall be limited to those specific situations specified in these regulations.
[Amended 9-27-1993]
C. 
Provision for recreation areas. By the authority of the resolution of the Town Board of the Town of Victor adopted on September 12, 1977, pursuant to the provisions of § 277 of Article 16 of the Town Law of the Consolidated Laws of the State of New York, the Planning Board of the Town of Victor shall be authorized simultaneously with the approval of a plat or plats to require the subdivider to pay a fee as required by Chapter A215, Fees, for recreation and site development or reserve open space for parks, playgrounds or other recreational purposes in lieu of a monetary payment. Recreation fees are spent at Town Board discretion.
A. 
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
B. 
Conflict with public and private provisions.
(1) 
Public provisions. The regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) 
Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of these regulations or the determinations of the Planning Board of the Town of Victor in approving a subdivision or in enforcing these regulations and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.
These regulations shall not be construed as abating any action now pending under or by virtue of prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the municipality under any section or provision existing at the time of adoption of these regulations or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the municipality except as shall be expressly provided for in these regulations.
In order that land may be subdivided in accordance with these purposes and policy, these subdivision regulations are hereby adopted.
[Amended 12-11-1995 by L.L. No. 12-1995]
A. 
General enforcement.
(1) 
It shall be the duty of the Code Enforcement Officer to enforce these regulations and to bring to the attention of the Town Supervisor any violations or lack of compliance herewith.
(2) 
Once a subdivision has been proposed, no lot within that proposed subdivision shall be transferred or sold before the subdivision plan has been duly filed in the office of the Ontario County Clerk.
(3) 
The subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading these regulations, shall not be permitted.
(4) 
All open space, natural resource and landscaping requirements, including conservation easements and deed restrictions required by the Town in connection with subdivision review and approval, are enforceable by the Town Code Enforcement Officer. Failure to comply with said requirements shall be a violation of this chapter, subject to penalties as set forth herein.
[Added 8-27-2012 by L.L. No. 15-2012]
B. 
Violations. Any person, firm, or corporation who fails to comply with or violates any of these regulations shall be guilty of an offense and subject to the penalties of that offense or offenses.
C. 
Penalties. Any person, firm, company or corporation which neglects or refuses to do any act required by this chapter shall be guilty of an offense and shall be subject to a fine not to exceed $250 or imprisonment for not more than 15 days, or both such fine and imprisonment for each violation. Each week that such violation, disobedience, omission, neglect or refusal continues or arises shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building structure or premises, and these remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain. correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.
E. 
Right to inspect. The Code Enforcement Officer, or other Town officials designated by the Town Board, shall have the right to enter upon the property and premises of any business, in accordance with law, to inspect for compliance with provisions of this chapter. Further, any applicant, upon being granted any approval requested under the provisions of this chapter, grants to the Town of Victor, its officers or designated representatives, a license to enter upon the property and premises governed by said approval to determine that the provisions of this chapter are being fulfilled and to require such work to be done as may be necessary to meet the conditions of said approval.
[Added 12-11-1995 by L.L. No. 12-1995]
F. 
Technical inspections. The Town Engineer or other designated Town representative or consultant shall, as part of any approval granted under this chapter, have a license to enter upon the property and premises governed by said approval to make such technical inspections as the Town in its discretion considers necessary to ensure compliance with the provisions of this chapter.
[Added 12-11-1995 by L.L. No. 12-1995]