A rough-scaled sketch layout shall be drawn on paper or other
suitable material at a standard scale of not more than 200 feet to
one inch, together with an overlay sheet. It shall show the following
information:
A. The name of the proposal, including the name and address of the subdivider
or subdividers, and a written clear statement of the subdivider's
intent and letter of disclosure.
B. North point, scale, date and general location map. The North point
should be in the upper right-hand corner of each sheet, and the direction
of north should be either at the top of each page or at the right-hand
side of each page.
C. Boundaries of the tract to be subdivided, plotted to scale. If the
subdivider intends to develop the tract in stages, the entire tract
shall nevertheless be included in the sketch layout with anticipated
stages and timing indicated and estimates of population and dwelling
units by type for each stage and an equivalent population estimate
for areas not proposed for residential development.
D. A topographic survey showing ground contours for the parcel and parcels
adjacent to and within 200 feet of the tract to be subdivided, at
intervals of not more than five feet of elevation, and all pertinent
topographic features within the site and the adjoining tract or tracts,
including existing buildings, watercourses and their one-hundred-year-floodplain
limits, water bodies, swamps, wooded areas and individual large trees.
Features to be retained in the subdivision should be so indicated.
E. A statement as to the proposed source of water supply and method
of sewage disposal, including a statement as to who will own the water
and sewer systems and a conceptual layout of each system. If the proposal
is not to be served by a public sewer system, then percolation test
results administered by the Monroe County Department of Public Health
and conceptual layout of the proposed sewerage system shall be provided.
[Amended 10-15-2018 by L.L. No. 3-2018]
F. The approximate lines of proposed streets, sidewalks, lots and neighborhood
recreation areas or other permanent open space.
G. A schematic indication of the proposed system for stormwater drainage
using the following design levels for stormwater engineering:
(1) Basin of 20 square miles: one-hundred-year frequencies.
(2) Basin of four square miles to 20 square miles: fifty-year frequencies.
(3) Basin under four square miles: twenty-five-year frequencies.
(4) Subdivision's drainage: ten-year frequencies.
H. An indication of the zoning of the tract and any other legal restrictions
of use.
I. The name or names of the licensed professional engineer responsible
for the preparation of the sketch layout and preliminary information.
J. The names of owners of adjacent lands or names of adjacent subdivisions.
K. A location map showing the boundaries of the tract in relation to
adjoining streets; schematically, the locations of the nearest elementary
school; water and sewer lines, electric service and parks and playgrounds
within 1/2 mile of the proposed subdivision; and other public facilities,
such as shopping, churches and public transportation routes, as appropriate,
and land uses adjacent to the proposed subdivision.
L. The proposal's relationship to municipal Comprehensive Plans or open
space plans.
M. The location of all lands identified as open areas in the Town of
Mendon Open Space Index or shown on the Town of Mendon Official Zoning
Map as an Environmental Protection Overlay District.
N. Approximate locations of building envelopes where construction of
buildings may occur.
A preliminary plan, along with a complete environmental assessment
form and, where deemed appropriate, a draft environmental impact statement,
shall be prepared and submitted to the Planning Board for all proposed
subdivisions.
A. Requirements. The preliminary plan shall be clearly marked "preliminary plan" and shall satisfy the requirements for preliminary layouts as described in §
226-19 and should comply with the recommendations made by the Planning Board in its report on the sketch layout, if any, and shall be accompanied by either the complete environmental assessment form(s) or a completed draft environmental impact statement, along with the remaining portion of the fee required for subdivision review. In the event that a sketch layout review procedure is not used by the subdivider, 1/2 of the fee shall be submitted with the preliminary plan and the remaining 1/2 of the fee shall be submitted with the final plat. Copies of the preliminary plan and supplementary material as required by the Planning Board shall be submitted to the Planning Board. Additional copies of the preliminary plan may be required for involved and interested agencies, as defined under SEQR, as part of any environmental review and determination of significance process. The Planning Board shall study the preliminary plan in connection with the identified environmental impacts of the action, existing requirements of Chapter
260, Zoning, the planning goals, objectives and policies and any other plans of the Town and the Town Official Map, if any, and shall take into consideration the general requirements of the Town. In reviewing a preliminary plan, 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 plan. As directed by the Planning Board, the Town Engineer shall receive a copy of the complete application for review at least two weeks prior to the date of the public hearing on the preliminary plan.
B. County Department of Planning and Development review and establishing
a public hearing date. Upon receipt of a complete and satisfactory
preliminary plan application, as certified by the Clerk of the Planning
Board, the Planning Board shall, pursuant to § 239-n of
the New York State General Municipal Law, refer seven copies of said
plan to the Monroe County Department of Planning and Development for
its review and report and 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 Planning Board. (See
Appendix A for this and subsequent time limits specified in § 276
of the Town Law that are alluded to in this chapter.) 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.
[Amended 10-15-2018 by L.L. No. 3-2018]
C. Action by Planning Board. Upon compliance with the SEQR procedures,
and within the time limit specified in § 276 of the Town
Law after the date of such hearing, the Planning Board shall approve,
with or without modification, or disapprove such preliminary plan.
The grounds for modification, if any, or the grounds for disapproval
shall be stated in the records of the Planning Board. Notwithstanding
the foregoing provisions of this chapter, the time in which the Planning
Board must take action on such plan may be extended by mutual consent
of the subdivider and the Planning Board. When approving a preliminary
plan, the Planning Board shall state in writing any modification it
deems necessary prior to submission of the plat in final form.
D. Notification of decision. Within the time limits specified in § 276
of the Town Law, the approval of such preliminary plan shall be so
certified by the Clerk of the Planning Board as having been granted
preliminary approval and a copy thereof filed in the Town offices
and mailed to the subdivider. In the event that the Planning Board
fails to take action on a preliminary plan within the time prescribed
therefor, such plat shall be granted preliminary approval by default.
The certification of the Town Clerk as to the date of submission of
a complete application and the failure of the Planning Board 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.
[Amended 10-15-2018 by L.L. No. 3-2018]
[Amended 10-15-2018 by L.L. No. 3-2018]
The preliminary layout shall be drawn on one or more sheets
of tracing material not more than 34 inches by 44 inches in size and
shall be clearly marked "preliminary plan." The preliminary plan shall
be drawn at a standard scale of not more than 50 feet to one inch
and shall include the information listed below with a contour interval
of two feet. If more than one sheet is required to show an entire
tract, an index map shall be provided.
A. The items in Subsections
A through
N of §
226-17.
B. A system for stormwater drainage using the following design levels
for stormwater engineering:
(1) Basin of 20 square miles: one-hundred-year frequencies.
(2) Basin of four square miles to 20 square miles: fifty-year frequencies.
(3) Basin under four square miles: twenty-five-year frequencies.
(4) Subdivision's drainage: ten-year frequencies.
C. Existing streets immediately adjoining and within the tract to be
subdivided and the distance to the nearest major street intersection.
D. Existing drains, water lines and sanitary sewers nearby and within
the tract to be subdivided, with their location, size, type and approximate
elevations and gradients, using mean sea level as datum plane. Existing
easements for such facilities shall also be shown.
E. A statement as to the proposed source of water supply and method
of sewage disposal, to include a statement as to who will own the
water and sewer systems, a conceptual layout of each system, whether
necessary districts are formed or are in process, the receiving sewage
treatment plant and the ultimate disposition of the effluent from
the plant, the lines, dimensions and purpose of all utility easements,
including properly placed fire hydrants, and preliminary design of
bridges and culverts. (Note: Sanitary sewer and water service must
be in public ownership.) Where water mains are not looped, blowoff
valves shall be provided also.
F. A tracing overlay showing all soils areas and their classification
and those areas, if any, with moderate to high susceptibility to erosion.
For areas with potential erosion problems, the subdivider shall also
include any description and outline of existing vegetation.
G. A separate drainage report, including calculations for runoff and
pipe and channel sizing, which will clearly indicate the basis of
design and the intended method of all stormwater disposal, flood hazard
prevention, how all runoff will be handled during grading and development
operations and erosion and sedimentation prevention measures. The
design of stormwater retention facilities shall be included in the
report.
H. The approximate lines and gradients of proposed streets and sidewalks,
and the suggested names of proposed streets.
I. A preliminary grading plan of the site at a contour interval of two
feet, showing locations and approximate size of cuts and fills and
a cross section for any final grading steeper than three horizontal
to one vertical, or where the cut or fill will be more than five feet.
J. The approximate lines of proposed lots, the acreage or square footage
contained in each lot and individual lot numbering. If a lot contains
one or more existing buildings, the yard dimensions for such building
shall be indicated.
K. The approximate locations and dimensions of areas proposed for neighborhood
parks or playgrounds or other permanent open space.
L. The location of any municipal boundary lines, existing special service
district lines and zoning district lines within the tract.
M. An indication of any nonconforming lots, showing the required and
actual areas, yards and setbacks, as applicable, as well as the need
for any special permits.
N. The type and location of any potentially hazardous materials of any
nature.
O. The location and quality of water bodies directly affected by and
adjacent to the project and finish or design water levels.
P. The requirement for any local, state or federal permit and, if so,
what type of permit and why.
Q. The location of buffers required either during or after construction
is completed and the reason for the buffer, and the location of other
proposed vegetation.
R. The location, size and type of proposed lighting and any anticipated
signs.
S. The method of fire protection.
T. Any federal, state or local environmental impact statement.
[Amended 10-15-2018 by L.L. No. 3-2018]
After receiving approval, with or without modifications, from
the Planning Board on a preliminary plan, the subdivider may prepare
his final subdivision plat and submit it to the Planning Board for
approval; except that if more time has elapsed between the time of
the Planning Board's decision on the preliminary plan and submission
of the final subdivision plat than is permitted in § 276
of the Town Law, and the Planning Board finds that conditions have
changed significantly in the interim, the Planning Board may require
a resubmission of the preliminary plan for further review and possible
revision prior to accepting the proposed final subdivision plat for
review.
A. Requirements. The final subdivision plat shall conform substantially
to the preliminary plan as approved by the Planning Board. It should
incorporate any modifications or other features that may have been
recommended by the Planning Board at the preliminary plan stage, and
all such compliances shall be clearly indicated by the subdivider
on the appropriate submission. 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 plan,
provided that the proposed development stages were indicated on the
preliminary plan 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.
B. Application for subdivision plat. A tracing on linen, plus copies of the tracing and other exhibits required for approval, as specified in §
226-21, shall be submitted with the application for approval. 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 for approval along with the final subdivision plat.
C. Public hearing. Within the time limits specified in § 276
of the Town Law from the date of the submission of a plat in final
form for approval by the Planning Board, the Board may conduct a public
hearing on the final plat. In the event that a public hearing is required,
notice of said hearing shall be advertised at least once in a newspaper
of general circulation in the Town within the time limits specified
in § 276 of the Town Law. When the Planning Board deems
the final plat to be in substantial agreement with the approved preliminary
plan or modified in accordance with any recommendation accompanying
such approval, the Planning Board may decide not to conduct a public
hearing.
D. Notification of decision.
(1) In the event that such hearing shall not be held or in the event
that such hearing is held the Planning Board shall, by resolution,
conditionally approve, with or without modifications, disapprove or
grant final approval of the plat in final form and authorize the signing
of such plat, within the time limits prescribed in § 276
of the Town Law of its receipt by the Clerk of the Planning Board.
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 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 written endorsement or
other evidence of approval herein required.
(2) 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 in writing, which may include transmittal of these
minutes and a copy of the map submitted. In case of disapproval of
a proposed subdivision plat, the Planning Board shall notify the applicant
in writing and setting forth therein its reasons for disapproval.
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 Engineer.
E. 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 the time limits specified
in § 276 of the Town Law from the passage of such resolution,
the plat shall be certified by the Clerk of the Board as conditionally
approved and a copy filed in the Town 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 the time limits specified in § 276 of the
Town Law, 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 extension is warranted
by the particular circumstances thereof, but not to exceed the time
limits specified in § 276 of the Town Law.
F. Expiration of approval. An approved plat must be filed in the County
Clerk's office within the time period specified in § 276
of the Town Law. If it is not, the approval expires. In the event
that the owner shall file only a section of the approved plat, the
entire approved plat shall be filed in the Town Clerk's office within
the time specified in § 276 of the Town Law, after the filing
of the section with the County Clerk. The section shall encompass
the required number of lots as a percentage of the total plat, as
specified in § 276 of the Town Law; provided, further, that
the approval of the remaining sections shall expire unless said sections
are filed before the expiration of the exemption period pursuant to
§ 265-a of the Town Law.
G. Letter of credit. A letter of credit shall be submitted for construction
and improvements, as specified in the Design Criteria and Construction
Specifications for the Town of Mendon, and shall be approved as to
form by the Town Attorney and as to amount by the Town Engineer. The
member of the Planning Board designated to sign plats shall not sign
a plat until a letter of credit, if required, has been received by
the Town Clerk and approved by the Town Supervisor.
The subdivision plat shall be drawn in ink on tracing cloth
or material equally acceptable for filing with the Monroe County Clerk
and shall give sufficient survey data to readily determine the location,
bearing and length of all lines shown thereon to permit the reproduction
of such lines upon the ground. The subdivision plat submission shall
be composed of three parts, namely, construction sheet, record sheet
and drainage report, as described in the subsections that follow.
A. Subdivision plat construction sheet. The construction sheet shall
not be larger than 34 inches by 44 inches in size and shall be drawn
at a scale of 50 feet to one inch and show the information listed
below. Where more than one sheet is required to show the entire development,
a key sheet shall be provided. All data shown on the construction
sheet shall be in accordance with the requirements of the Design Criteria
and Construction Specifications for Land Development in the Town of
Mendon.
(2) The lines of existing and proposed streets and sidewalks immediately
adjoining and within the subdivision.
(3) The names of existing and suggested names of proposed streets.
(4) Typical cross sections of proposed streets.
(5) The profiles of proposed streets at suitable vertical scale showing
finished grades in relation to existing ground elevation.
(6) The layout of proposed lots, including lot numbers.
(7) The location and size of any existing and proposed stormwater or
sanitary sewers, water mains and pipes on the property or into which
any connection is proposed.
(8) Provisions for water supply and sewage disposal, and evidence that
such provisions have received approval of the Monroe County Department
of Public Health.
[Amended 10-15-2018 by L.L. No. 3-2018]
(9) The locations of survey monuments. Before acceptance of the dedication
of the highways, a certificate by a licensed land surveyor must be
filed certifying that the above monuments have been placed where indicated
on the map.
(10)
A plan and typical cross sections of proposed sidewalks where
required by the Planning Board.
(11)
A development plan, including landscaping, for any proposed
neighborhood park or playground within the subdivision.
(12)
A planting plan for street trees, indicating the location, varieties
and minimum size of trees to be planted and of existing trees to be
preserved as street trees.
(13)
Brief specifications or reference to Town standards for all
facilities to be constructed or installed within the subdivision.
(14)
Certification by a licensed professional engineer and/or licensed
landscape architect and a licensed land surveyor as evidence of professional
responsibility for the preparation of the construction sheet.
B. Subdivision plat record map. Unless the Monroe County Clerk specifies
otherwise, the record sheet shall be 17 inches by 22 inches or 22
inches by 34 inches or 34 inches by 44 inches in size and shall be
drawn on linen at a scale of 50 feet to one inch and show the information
listed below. Where more than one sheet is required to show the entire
development, a key map showing all sections shall be provided.
(2) The boundaries of the subdivision, a legal description of the entire
parcel of property and information to show the location of the subdivision
in relation to surrounding property and streets, including the names
of owners of adjacent land or names of adjacent subdivisions. In whatever
manner that is practical, the subdivision boundary shall be referenced
from two directions to establish United States Coast and Geodetic
Survey monuments or New York State Plane Coordinate monuments. In
the event that such monuments have been obliterated, the subdivision
boundary shall be referenced to the nearest highway intersections
or previously established monuments of subdivisions or public lands.
Any combination of types of reference points may be accepted which
would fulfill the requirements of exact measurements from the subdivision
boundary to reference points previously established for or by a public
agency.
(3) The lines of existing and proposed streets and sidewalks within the
subdivision and their names and the lines of existing proposed streets
and sidewalks on adjoining properties.
(4) The lines and dimensions of proposed lots, which shall be numbered.
If a proposed lot contains one or more existing buildings, the yard
dimensions for such building shall be indicated. Existing buildings
outside the limits of the plat but within 75 feet of any proposed
street or 25 feet of any proposed lot line shall also be shown.
(5) The lines and purposes of existing and proposed easements immediately
adjoining and within the subdivision.
(6) The lines, dimensions and areas, in square feet, of all property
that is proposed to be reserved by deed covenant for the common use
of the property owners of the subdivision.
(7) The location of monuments to be placed within the subdivision and
in compliance with the Monroe County Monumentation Control Law.
(8) The locations of existing and proposed water supply lines, storm
sewers and sanitary sewers within the subdivision.
(9) The locations of any municipal and zoning boundary lines within the
subdivision.
(10)
Written statements as to:
(a)
The zoning of the property within the subdivision.
(b)
Compliance of the proposed lots with zoning requirements. If
any lots do not comply but are covered by zoning variances, the statement
should include reference to such variance, or if variances are needed,
such should be stated, along with the nature of the variance or variances
and location or locations. If any lots were approved under the cluster
development provisions of this chapter, including the lot size, setbacks and any other pertinent
information shall be provided for each lot.
(11)
Seal and certification by a licensed professional engineer or
a licensed land surveyor as evidence of professional responsibility
for the preparation of the record sheet.
(12)
To facilitate the filing of the subdivision or resubdivision
maps with the County of Monroe, the following are required:
(a)
If there are any new streets, the form entitled "Application
for Approval of Plat" shall be submitted.
(b)
A tax search shall be made as required by the Monroe County
Treasurer's office.
(c)
The required number of prints of the map.
(d)
The required filing fee payable to the Monroe County Clerk.
(e)
A statement that all other necessary county and state departments
have been contacted.
(13)
If required by the Planning Board, the lines and dimensions
of proposed building envelopes within each lot, together with a notation
stating that permanent structures greater than 100 square feet in
footprint must be erected within the building envelope.
(14)
If required by the Planning Board, pursuant to Chapter
260, Zoning, liber and page references to any conservation restrictions or restrictive covenants are required as conditions of approval of the subdivision plat. Such documents shall be reviewed and approved by a Town Attorney prior to final plat approval by the Planning Board, and their execution shall be made conditions of final plat approval.
C. Subdivision plat drainage report. When requested by the Town Engineer,
this report shall expand upon the report submitted at the preliminary
layout stage and shall present plans and supporting data for stormwater
control drainage provisions within the subdivision, including:
(1) A plan, profiles and typical and special cross sections of proposed
stormwater drainage facilities.
(2) Supporting final design data and copies of computation used as a
basis for the design capacities and performance of the drainage facilities.
(3) A subdivision grading plan developed to suitable contour interval
with grading details to indicate proposed street grades and building
site grades and elevation through the subdivision. The contour interval
of the grading plan shall be one, two or five feet vertical, the selection
to result in a horizontal distance between contour lines of not more
than 100 feet.
(4) An erosion/sedimentation control plan if required.
(5) If the subdivision is within or adjacent to a delineated one-hundred-year
floodplain, a detailed analysis of the area with respect to floodplain
management and land use, as well as the need for development permits,
will be included in the subdivision plat drainage report.
(6) Any requirements concerning drainage that are now in or are from time to time incorporated in Chapter
260, Zoning, of the Town of Mendon Code are hereby incorporated by reference.
For a resubdivision, the same procedure shall apply as for a
subdivision. If the proposed resubdivision consists solely of the
simple alteration of lot lines where no additional lots would be created,
then the need for the normal subdivision procedures may be waived
at the written discretion of the Planning Board Chairperson. A statement
indicating such shall be part of the Board's record on the subdivision.
Notification of the purpose for the division (i.e., lot line adjustment)
shall be shown on the plat and in the deeds. Tax numbers shall be
reassigned to the new legal descriptions.
For an action that involves the simple alteration of lot lines
not involving a filed subdivision plat map and where a property owner
owns two contiguous parcels and no additional lots would be created,
then normal subdivision procedures may be waived at the written discretion
of the Planning Board Chairperson. A statement indicating such shall
be part of the Board's record on the combining of two contiguous parcels.
Notification of the purpose of the division (i.e., lot line adjustment)
shall be shown in the deeds. Tax numbers shall be reassigned to the
new legal descriptions.
The Planning Board may waive any data requirement for any proposed
subdivision if it finds in its initial review, or in the initial review
of other consultants, that such data is not necessary to make a decision
on the request. A list of the requirements waived, and the reasons
therefor, shall become a part of the Town's written record on the
subdivision.