A. 
The Town Board of the Town of Richmond, in accordance with the provisions of the Town Law of the State of New York, has heretofore created a Planning Board and has assigned to it the responsibility and authority to review and approve, modify and approve or disapprove plans for land subdivision within the town, but outside any incorporated village, which show lots, blocks or sites, with or without new streets or highways. Pursuant to the above authority, as well as §§ 276, 277 and 279 of Article 16 of the Town Law, the Planning Board has prepared and adopted these subdivision rules and regulations setting forth standards to be followed in the preparation and review of preliminary layouts and subdivision plats. By the same authority, the Planning Board has the power and authority to pass and approve the development of plats already filed in the office of the Clerk of Ontario County if such plats are entirely or partially undeveloped.
B. 
The Town Board may grant the use of § 278 of the Town Law of the State of New York upon a request by an applicant and upon a recommendation by the Planning Board that the proposed subdivision meets all of the conditions set forth under § 278.
A. 
The following rules and regulations, adopted by Town Board of the Town of Richmond, provide guidance to all applicants who seek approval of subdivision plats. The general purpose of establishing subdivision regulations is to provide for the orderly growth and development of the town and to afford adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of the town's present and future population.
B. 
These rules and regulations establish requirements for approval of subdivision plats, including a description of maps and supporting materials which the Planning Board requires to carry out its responsibilities. The review and approval procedures contained herein are designed to safeguard the community. They assure that the requirements and standards for land subdivision contained herein are fulfilled and that the public health, safety and welfare are thereby protected.
In order that land may be subdivided in accordance with this purpose, these rules and regulations are hereby adopted and shall be known and may be cited as the "Subdivision Rules and Regulations of the Town of Richmond."
Upon the approval of these rules and regulations by the Town Board, subdivisions within the Town of Richmond, but outside the limits of any incorporated village, shall be designed and submitted for approval in compliance with the standards and procedures set forth herein.
Where these rules and regulations impose greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, these rules and regulations shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by these rules and regulations, such greater restrictions shall not be affected by these rules and regulations.
It is declared to be the policy of the Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the town and in a manner that is reasonable and in the best interests of the community. The Planning Board will be guided in its consideration of an application for the subdivision of land by the following general requirements:
A. 
Land must be buildable and free of hazard. The physical characteristics of the land to be subdivided shall be such that it can be used for building purposes without danger to health and safety or peril from fire, flood or other menace. Proper provision shall be made for drainage, water supply, sewage and other needed improvements.
B. 
Natural and historic features shall be preserved. Insofar as possible, all existing features of the landscape, such as significant viewsheds, open space, large trees, rock outcrops, unusual glacial formations, water and flood courses, critical habitat areas, and other such irreplaceable assets, shall be preserved. The proposed subdivision plan shall, where practicable, protect significant cultural landmarks and resources and their surrounding visual context; protect significant agricultural lands and resources; and encourage protection of the rural appearance of the Town of Richmond.
[Amended 10-13-2020 by L.L. No. 4-2020]
C. 
Subdivision plans shall conform to the Town Comprehensive Plan. Subdivisions shall conform to the streets, parks and other public ways or spaces shown on the Official Map of the town, if any. They shall be in conformity with the Zoning Law and shall be properly related to the Town Comprehensive Plan as it is developed and used for guidance by the Planning Board, either with or without formal adoption. The proposed streets shall compose a convenient system conforming to the Official Map, as it may be adopted by the Town Board. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection. Park areas of suitable location, size and character for playground or other recreational or open space purposes shall be shown on the subdivision plat in proper cases and when required by the Planning Board.
[Amended 12-11-2001 by L.L. No. 2-2001]
D. 
Site inspection. Sites that are the subject of subdivision, zoning or other land use applications may be inspected by the Town's Engineer, and members of the board before which applications are pending, upon consent of the owner of the site. Approvals sought in said applications may be withheld if said inspections are not reasonably permitted.
[Added 1-9-2018 by L.L. No. 1-2018]
Whenever access to a subdivision can be had only across land in another municipality, the Planning Board may request assurance from the Richmond Town Attorney that access is legally established and from the Richmond Town Engineer that the access road is adequately improved or that a letter of credit has been duly established and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross town boundary lines.
In the event of any conflict or inconsistency between these rules and regulations and the Design Criteria and Construction Specifications for Land Development in the Town of Richmond[1] it is the responsibility of the subdivider to bring such alleged inconsistency or conflict to the Planning Board's attention, in writing, for a decision, and its decisions shall be final and binding.
[1]
Editor's Note: The design standards are on file in the offices of the Town Clerk and Code Enforcement Officer.
[Amended 4-14-2015 by L.L. No. 7-2015; 7-12-2016 by L.L. No. 5-2016]
Pursuant to § 271 of the Town Law and § 200-68 of the Town Code, the Planning Board of the Town shall consist of seven members appointed for seven-year terms. For the purpose of initiating a Planning Board under these rules and regulations, the normal continuance of the existing Planning Board is established. The Planning Board shall have power to pursue all those duties established for it by the Town and these rules and regulations. It shall establish such rules and regulations as are necessary for the transaction of its business and may amend, modify and repeal the same in accordance with the provisions of § 271 of the New York State Town Law.
[1]
Editor's Note: See also Ch. 50, Planning Board and Zoning Board of Appeals.
Where the conditions imposed by any provision of these rules and regulations are more restrictive than comparable conditions imposed by any other provisions of these rules and regulations or any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern.
A. 
All ordinances or regulations and all amendments thereto having to do with subdivision procedures are hereby repealed, with the provision that violations of the previous ordinance or regulations and all amendments thereto shall remain violations to the extent that the matters in violation do not conform to the provisions of these rules and regulations.
B. 
The adoption of these rules and regulations shall not affect or impair any act done, offense committed or right incurred or acquired or liability, penalty, forfeiture or punishment that was incurred prior to the time these rules and regulations take effect under the regulations relative to subdivisions.
[Amended 3-10-2009 by L.L. No. 3-2009]
A. 
Any person who violates this chapter shall be guilty of a violation, and upon conviction thereof, shall be subject to a fine of not less than $100, and not more than $500, or imprisonment for a term not to exceed 15 days, or both.
B. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, and, in the event of a successful prosecution of the claim, shall be responsible for any and all cost associated with bringing this action to enforce, including, without limitation, attorney's fees, expert witness fees and court cost, which shall become a charge to be added to the tax roll of the subject property.[1]
[1]
Editor's Note: Original Sec. 17, Site Plan Review, which followed this section, was deleted 12-11-2001 by L.L. No. 2-2001.