A.
The Town Board of the Town of Mendon has, pursuant to §§ 276,
277 and 279 of Article 16 of the Town Law of the State of New York
and by resolution, authorized and empowered the Planning Board to
approve plats showing lots, blocks or sites, with or without streets
or highways, and to approve preliminary plans, within that part of
the Town outside the limits of the Incorporated Village of Honeoye
Falls.
[Amended 10-15-2018 by L.L. No. 3-2018]
B.
The Town Board, pursuant to § 278 of Article 16 of the Town Law of the State of New York and by resolution, authorized and empowered the Planning Board, simultaneously with the approval of a plat or plats, to modify applicable provisions of Chapter 260, Zoning, within that portion of the Town outside the limits of the Incorporated Village of Honeoye Falls.
The purpose of establishing this subdivision chapter is to provide
for the future growth and development of the Town and to afford adequate
facilities for the housing, transportation, distribution, comfort,
convenience, health, safety and welfare of the Town's population and
provide for flexibility in design and preserve the natural and scenic
qualities of open land. The review and approval procedures contained
herein are designed to safeguard the community and assure that the
requirements and standards for land subdivision contained herein are
fulfilled and that the public health, safety and welfare are protected.
In order that land may be subdivided in accordance with this
purpose, this chapter is hereby adopted and shall be known and may
be cited as the "Subdivision Ordinance of the Town of Mendon." Upon
the approval of this chapter by the Town Board, subdivisions within
the Town of Mendon shall be designed and submitted for approval in
compliance with the standards and procedures set forth herein.
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, erosion or other menace. Proper provisions shall be made
for stormwater drainage, water supply, sewage disposal and other needed
improvements.
B.
Natural and historic features shall be preserved. Insofar as possible,
all existing features of the landscape such as large trees, unusual
glacial formations, water- and flood courses, historic sites and other
such irreplaceable assets shall be preserved.
C.
Subdivisions shall be in conformance with all other local ordinances,
except as provided for elsewhere by Town Law or this chapter, and
shall be properly related to the formally adopted Town planning documents
and the Town of Mendon design criteria used by the Planning 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.
Whenever access to a subdivision can be had only across land
in another municipality, the Planning Board may request assurance
from its counsel that access is legally established and from the Town
Engineer that the access road is adequately improved or that a performance
bond has been duly executed and filed with the Town of Mendon 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 municipal
boundary lines or zoning district lines.[1]
The Planning Board may waive, subject to appropriate conditions,
the provision of any and all improvements and requirements as, in
its judgment of the special circumstances of a particular plat or
plats, are not required in the interest of public health, safety and
general welfare or which, in its judgment, are inappropriate because
of inadequacy or lack of connecting facilities adjacent to or in proximity
to the subdivision.
In the event of any conflict or inconsistency between this chapter
and the Design Criteria and Construction Specifications for Land Development
in the Town of Mendon, 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 decision shall be final
and binding.
A.
Legislative authority. The Town Board of the Town of Mendon enacts
this section of the Code of the Town of Mendon 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 and safe
use of land, to facilitate the adequate and economical provision of
streets and utilities, to identify contaminated sites, to preserve
the natural and scenic qualities of open space and contiguous open
space, to protect local ecology, including freshwater wetlands, woodlots,
steep slopes, geological features, stream corridors and other areas
of environmental value, scenic vistas, scenic corridors, and historic
sites.
C.
Modifications authorized. The Planning Board is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law, to modify applicable provisions of Chapter 260, Zoning, of the Town of Mendon Code.
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. This will provide the maximum number of dwelling units or
building lots that could theoretically be placed upon the site. However,
prior to determining the number of dwelling units or building lots
that the site can accommodate, the parcel to be developed shall have
its total developable gross area adjusted as follows:
(a)
Lands used by public structures or rights-of-way may not be
considered as part of the total developable gross area.
(b)
The Planning Board shall reduce the total developable gross area if the parcel contains lands in Environmental Protection Overlay Districts (EPODs). The reduction to the total developable gross area would be determined by the subtraction of undevelopable EPOD acreages (see the list of EPODs in Chapter 138, § 138-3). In determining the adjusted total developable gross area of the parcel, emphasis shall be placed upon avoiding or, if avoidance is not possible, minimizing disturbance to the sensitive areas identified as EPODs while preserving contiguous areas of important environmental features.
[Amended 10-15-2018 by L.L. No. 3-2018]
(2)
The adjusted total developable gross area of the parcel, as determined in Subsection D(1)(a) and (b) above, shall then be used to compute the maximum number of dwelling units or building lots permitted. For each calculation submitted, the applicant shall prepare a table which shows the total acreage of the site, the total developable acreage, the total acreage involving land in each EPOD and the net developable acreage. 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 and EPOD restrictions of Chapter 138, Environmental Protection Overlay Districts, of the Town Code.
[Amended 10-15-2018 by L.L. No. 3-2018]
(3)
The minimum lot size shall be 0.75 acre in the RA-1 Zoning District(s)
and 2.0 acres in the RA-5 Zoning District(s).
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 building lots according to the standards
of this chapter and which can be classified as subdivisions under
this chapter.
(2)
An owner of property or contract vendee within any residential zoning
district may make an application as provided in this chapter.
(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 the parcel possesses any of the following site characteristics:
(a)
An area of special flood hazard as delineated on the Federal
Insurance Agency's Flood Insurance Rate Maps for the Town of Mendon.
(b)
Environmentally sensitive areas or other areas of concern raised
by the Planning Board.
F.
Procedures.
(1)
These procedures may be followed at the discretion of the Planning
Board, if, in the Board's judgment, the application of these procedures
would benefit the Town.
(2)
The applicant, if requested by the Planning Board under this section, shall present two sketches. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within this chapter and Chapter 260, Zoning, of the Town of Mendon Code. The other shall be a layout outlining development of the parcel in the form of a cluster development in accordance with the four-step process outlined in § 226-16. The Planning Board may require the applicant to present an environmental assessment form for the development of the land parcel under both scenarios at such time or defer it until such time as a concept has been developed by the Planning Board and the applicant.
(3)
The applicant shall present all information required by the Town
of Mendon Code, 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.
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 lot size and required
front, side and rear setbacks.
(2)
The minimum distance between structures on separate lots which make
up a cluster development shall be based upon the minimum lot sizes
and setbacks required by the Monroe County Department of Public Health
for the operation of private wells, if applicable, and septic systems
and the location of houses on adjacent lots.
[Amended 10-15-2018 by L.L. No. 3-2018]
(3)
The minimum lot widths for the lots in a cluster development shall conform to those specified in Chapter 260, Zoning, of the Town Code.
(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 chapter and other Town legislation.
(5)
The overall development shall be designed in such a way as to maximize
the preservation of the site's contiguous environmentally sensitive,
cultural or recreational resource features by providing a design that
avoids disturbance of, or results in minimal disturbance to, these
features.
(6)
The area(s) to be preserved for open space purposes, including playgrounds
and parks, shall be in an amount, location, quality and contiguous
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-way
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 Chapter 260, Zoning, of the Town of Mendon Code where the development is proposed to be located. The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter 260, Zoning.
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
shall 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 should be a part of the open space.
J.
Action by the Planning Board.
(1)
The Planning Board may 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 chapter
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 any portion of a site that
contains unique environmental features, including, but not limited
to, eskers, drumlins, kames, kettles, freshwater wetlands, woodlots,
landfill sites, steep slopes or drain tiles on adjacent farmland.
(2)
In the event that the criteria listed above are 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 avoid disturbance or
minimize disturbance to 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, etc.).
K.
Reservation of open space lands.
(1)
As a condition of final plat approval of a cluster development, the
Planning Board, after consultation with the Town Board, may require
dedication of open space areas to the Town. The Planning Board may
also require dedication of open space areas to be held in common through
a homeowners' association (HOA) or other legal entity acceptable to
the Town Planning Board Attorney. Finally, the Planning Board may
require a perpetual conservation restriction 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 chapter.
(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
or other development. It shall indicate the liber and page of any
conservation restriction(s) or deed restrictions required to be filed
to implement such reservation of open space. If the open space is
to be owned in common with others, the applicant shall provide for
the ownership, management and rights to such lands by means of an
entity acceptable by the Planning Board.[1]
[Amended 10-15-2018 by L.L. No. 3-2018]
For the purpose of this chapter, word usage and interpretation and certain words and terms used herein are defined in Chapter 5, Definitions and Word Usage, of the Mendon Town Code.
For the purpose of initiating a Planning Board under this chapter,
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 this chapter. It shall establish such rules
and regulations as are necessary for the transaction of its business
and may amend, modify and repeal the same.
Where the conditions imposed by any provision of this chapter
are more restrictive than comparable conditions imposed by any other
provisions which are part of the Mendon Town Code or of any other
ordinance, resolution or regulation, the provisions which are more
restrictive shall govern.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any person, firm, company or corporation owning, controlling
or managing any property or premises whereon there shall be or there
exists anything in violation of any of the provisions of this chapter,
and any person, firm, company or corporation who or which shall assist
in the commission of any violation of this chapter or any conditions
imposed by the Planning Board or who or which shall build contrary
to the plans or specifications submitted and certified as complying
with this chapter, and any person, firm, company or corporation who
or which shall omit, neglect or refuse to do any act required by this
chapter shall be subject to penalties as provided in Town Law § 268.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter or of such
ordinance or regulation shall be deemed misdemeanors, and for such
purposes only all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
In case of any violation of any of the provisions of this chapter
or conditions imposed by the Planning Board, in addition to the remedies
herein provided, the Town Board may institute any appropriate action
or proceeding to abate such violation, to prevent any illegal act
conducted on or about such premises.
This chapter shall become effective 10 days after publishing
and posting in the manner provided by law, but such chapter shall
take effect from the date of its service as against a person served
with a copy thereof, certified by the Town Clerk, and showing the
date of its passage and entry in the minutes, pursuant to the statutes
of the State of New York.
