Any person who wishes to receive approval from the Planning
Board for subdivision shall proceed in the following manner:
A.
A conventional concept plan shall be submitted for any proposed major
subdivision. An applicant may elect to submit a conventional concept
plan for a minor subdivision.
B.
A cluster development concept plan shall be submitted, in addition
to a conventional concept plan, for any proposed subdivision requiring
approval under § 278 of New York State Town Law.
C.
A preliminary plat shall be submitted for any proposed major subdivision
that has been granted approval or approval with conditions of the
required concept plan.
D.
A final plat shall be submitted for any proposed major subdivision
that has been granted approval or approval with conditions of preliminary
plan. It shall also be submitted for all minor subdivisions but is
not required to have previous approval.
A.
A conventional concept plan application shall be submitted for all proposed major subdivisions or any minor subdivision which any applicant elects to submit, and shall comply with the requirements set forth in § 175-24 of these regulations.
B.
A cluster development concept plan application shall be submitted, in addition to the conventional concept plan, for all proposed major subdivisions which require approval under § 278 of New York State Town Law, and shall comply with the requirements set forth in § 175-25 of these regulations.
C.
The purpose of this step is to afford the applicant an opportunity
to consult early and informally with the Planning Board in order to
save time and money and to make the most of opportunities for desirable
development.
D.
The applicant shall submit to the Secretary, in accordance with the
Planning Board's approved submission schedule, the application,
together with the applicable fees and any other supporting documentation.
E.
The Secretary shall review the application to ensure completeness
prior to officially accepting said application.
(1)
If the Secretary determines that the application is substantially
complete, or has only minor deficiencies, such deficiencies shall
be noted on the application forms, fees shall be processed, and the
application shall be placed on the next agenda for concept review
as a public hearing item.
(2)
If the Secretary determines that the application is not substantially
complete, the application package shall be returned to the applicant
with a list of the deficiencies noted.
F.
The Secretary shall review the application in relation to the thresholds
set forth under SEQRA to determine the type of action the project
is to be classified.
(1)
If any project is determined to be a Type I action, the Secretary
shall send notice to all involved agencies requesting the Planning
Board be named lead agency.
G.
Subdividers of land adjoining state or county highways are advised
to consult the District Engineer of the New York State Department
of Transportation or the County Director of Public Works at the concept
plan stage in order to resolve problems of street openings or stormwater
drainage at the earliest possible stage in the design process. However,
subdividers should be aware that state and county standards are subject
to modification at any time, and submissions will be reviewed on the
basis of the standards that are in effect at the time of review.
H.
The applicant is strongly advised to meet with representatives of the Town's Department of Public Works to discuss and review the layout and availability of sanitary and storm sewers as well as the proposed method of complying with Chapter 127 of this Code.
I.
The design and construction of drainage systems shall be such that
watercourses traversing the development and natural water emanating
from within the development will be carried through and off the development
without injury to improvements, building sites or buildings existing
or to be installed upstream, downstream or within the development.
J.
The design and construction of drainage systems shall employ natural
drainage patterns in preference to rechanneling of streams and/or
watercourses.
K.
Drainage requirements shall be based upon the projected ultimate
urbanization identified by the latest zoning and master plans.
L.
The Planning Board may consult with the Town Supervisor or any other
Town boards, commissions, departments, agencies, officials and districts
they deem advisable or helpful, and/or engage professionals to aid
in the review process.
M.
The Secretary shall submit a copy of the application to the Environmental
Board whose review shall include recommendations and findings to the
Planning Board as to determination of significance.
N.
The Planning Board shall hold a public hearing at which parties in
interest shall have an opportunity to be heard, which hearing shall
take place within the time specified by and upon the notice required
by state law.
O.
The applicant shall attend the meeting of the Planning Board at which
a concept plan application is to be first reviewed and shall be prepared
to discuss compliance with the intent of these regulations and the
requirements for street improvements, drainage, sewerage, water supply,
fire protection, natural features and resources protection and similar
aspects, as well as the availability of existing services and other
pertinent information.
P.
The Planning Board shall study the concept plan in relation to existing
or potential development of the adjacent area, Town and County Comprehensive/Master
Plans, Town Zoning Law, the Drainage Master Plan, the Sewer Districts
Master Plans, and in the course of its review may consult with other
interested public agencies.
Q.
The Planning Board shall study any cluster development concept plan
in relationship to whether it meets the following criteria:
(1)
Promotes the most appropriate use of the land.
(2)
Facilitates the adequate and economic provision of streets and utilities.
(3)
Preserves the natural and scenic qualities of open space.
(4)
Does not exceed the density nor the use allowable in the applicable
zoning district.
(5)
Promotes a diversified development, which may include structures
that are detached, semidetached, attached or multistory.
(6)
Addresses land for parks, recreation, open space, or other municipal
purposes. The Planning Board may establish such conditions on the
ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands and for their intended uses.
R.
At the time of a public hearing on a concept plan, the Planning Board
shall by resolution make a determination as to whether the project
may have a significant impact on the environment for the purposes
of SEQRA. In making such determination, the Planning Board shall consider
any comments by the Environmental Board, the public and any involved
agencies.
S.
Following the closing of the public hearing on the application, and
within the time specified by state law, the Planning Board shall:
(1)
Approve the application if the application is determined to meet
all of the requirements of these regulations;
(2)
Conditionally approve the application if the application is determined
not to meet all of the requirements of these regulations but, with
modification and/or conditions the application can be made to meet
all of the requirements of these regulations. The modifications and/or
conditions to be met shall be set forth in the resolution of conditional
approval; or
(3)
Disapprove the application if the Planning Board determines that
the application does not meet all of the requirements of these regulations
to such a degree that the application cannot be made to meet these
requirements by modifications and/or conditions. The resolution of
disapproval shall specify the reasons for disapproval.
T.
The Planning Board shall so endorse four copies of the plan and return
to the applicant one copy of the plan or plat together with a copy
of the resolution, shall retain one copy, and shall forward two copies
to the Commissioner of Public Works.
U.
Approval and/or conditional approval of an application for approval
of a concept plan shall not be construed to permit the filing of the
plat or plan in the office of the Monroe County Clerk nor the applicant
to proceed with any improvements on the land nor shall it prejudice
any further action by the Planning Board regarding required subsequent
applications for approval, if submitted, of said subdivision.
V.
In the event that an applicant does not submit a preliminary plan
within six months of the approval or conditional approval of a concept
plan, such concept plan approval may be revoked by the Planning Board.
A.
A preliminary plan shall be submitted to the Planning Board for all
proposed major subdivisions. If the applicant wishes to develop the
subdivision in stages, the applicant may prepare and submit a preliminary
plat for a portion of the area encompassed by the concept plan, provided
that the proposed development phases were indicated on the concept
plan approved by the Planning Board. The preliminary application shall:
B.
The applicant shall submit to the Secretary, in accordance with the
Planning Board's approved submission schedule, the application,
together with the applicable fees, and any other supporting documentation.
C.
The Secretary shall review the application to ensure completeness
prior to officially accepting said application.
(1)
If the Secretary determines that the application is substantially
complete, or has only minor deficiencies, such deficiencies shall
be noted on the application forms, fees shall be processed, and the
application shall be placed on the next agenda for preliminary approval
as a public hearing item.
(2)
If the Secretary determines that the application is not substantially
complete, the application package shall be returned to the applicant
with a list of the deficiencies noted.
D.
The Planning Board may consult with the Town Supervisor or any other
Town boards, commissions, departments, agencies, officials and districts
they deem advisable or helpful, and/or engage professionals to aid
in the review process.
E.
The Secretary shall submit a copy of the application to the Monroe
County Department of Planning for its review and report, if required.
F.
The Planning Board shall review the application to determine:
(1)
That the application meets all of the requirements of these regulations,
the Zoning Code, other applicable Town Codes, official Town Maps,
the intent of the Comprehensive Plan, Town Master Plans and Design
Guidelines of the Town Board, commissions, agencies, departments and
districts, and all Town requirements and policies regarding streets,
street frontage, reservation of land, drainage and erosion control
and slope stabilization measures, stormwater drainage, sewage disposal,
water supply, fire protection, preservation of significant historical,
geological or scenic sites, preservation of wetlands, and other improvements.
(2)
That the physical characteristics of the land to be subdivided are
such that it can be used for building purposes without danger to health
or peril from fire, flood or other menace.
(3)
That all existing features of the landscape, such as large trees,
rock outcroppings, watercourses, historic resources, and other irreplaceable
assets are considered and preserved insofar as practical.
(4)
That where any land of a proposed subdivision adjoins state or county
highways, that the requirements of the District Engineer of the New
York State Department of Transportation and/or the Monroe County Director
of Public Works can be satisfied.
(5)
That where any public utilities are involved, the requirements of
the respective agencies having jurisdiction can be met.
(6)
That where there are any reservations for highway purposes, the frontage
line of all lots in the proposed subdivision effected by said reservations
are shown with the adjusted lot lines.
(7)
The classification of any streets within the proposed subdivision
as major, collector, or minor.
(8)
The adequacy of proposed sites for active or passive parkland, open
spaces or other community facilities.
(9)
What, if any, additional variances, exceptions, waivers, easements
and/or covenants are necessary on the basis of the further review
of the application by the Planning Board, the reports submitted, and
the public hearing, if any.
(10)
What, if any, additional modifications or conditions are required
for approval of the subject application.
G.
The Planning Board shall hold a public hearing at which parties in
interest shall have an opportunity to be heard, which hearing shall
take place within the time specified by and upon the notice required
by state law.
H.
The applicant shall attend the meeting of the Planning Board at which
a preliminary plat application is to be first reviewed and shall be
prepared to discuss how the proposal satisfies the intent of these
regulations, the requirements for street improvements, drainage, sewerage,
water supply, fire protection and similar aspects, as well as the
availability of existing services and other pertinent information.
I.
Following the closing of the public hearing on the application and
within the time specified by state law, the Planning Board shall:
(1)
Approve the application if the application is determined to meet
all of the requirements of these regulations;
(2)
Conditionally approve the application if the application is determined
not to meet all of the requirements of these regulations but, with
modifications and/or conditions, the application can be made to meet
all of the requirements of these regulations, the modifications and/or
conditions to be met to be contained in the resolution of conditional
approval and to become a part of the application; or
(3)
Disapprove the application if the Planning Board determines that
the application does not meet the requirements of these regulations
to such a degree that the application cannot be made to meet these
requirements by modifications and/or conditions, the resolution of
disapproval to contain the reasons therefor.
J.
The Planning Board shall so endorse four copies of the plan and return
to the applicant one copy of the plan or plat together with a copy
of the resolution; shall retain one copy; and shall forward two copies
to the Commissioner of Public Works.
K.
Approval and/or conditional approval of an application for approval
of a preliminary plan shall not be construed to permit the filing
of the plat or plan in the office of the Monroe County Clerk nor shall
the applicant proceed with any improvements on the land nor shall
it prejudice any further action by the Planning Board regarding required
subsequent applications for approval, if submitted, of such subdivision.
L.
In the event that an applicant does not submit a final plan within
six months of the approval or conditional approval of a preliminary
plan, such preliminary plan approval may be revoked by the Planning
Board.
A.
An application for final plat approval shall:
(1)
Conform substantially to the preliminary or concept plan that has
received approval from the Planning Board. It should incorporate any
revisions or other features that may have been recommended by the
Planning Board at the preliminary plat or concept plan stage, and
all such compliances shall be clearly indicated by the subdivider
on the appropriate submission.
(2)
Shall have secured the necessary approvals for any required variances
or for any required district extensions.
B.
The applicant shall submit the application, together with the applicable
fees and other supporting documentation, as follows:
(1)
All major subdivision final plat applications shall be submitted
in accordance with the Planning Board's approved submission schedule,
along with the final plat and plans.
(2)
All minor subdivision final plat applications shall be submitted
in accordance with the Planning Board's approved submission schedule,
along with the final plat and plans.
C.
The Secretary shall review the application to ensure completeness
prior to officially accepting said application.
(1)
If the Secretary determines that the application is substantially
complete, or has only minor deficiencies, such deficiencies be so
noted on the application form, fees shall be processed, and the application
shall be placed on the next agenda for final approval as a discussion
item, unless it is determined that a public hearing would be required.
(2)
If the Secretary determines that the application is not substantially
complete, the application package shall be returned to the applicant
with a list of the deficiencies noted.
D.
The Secretary shall submit a copy or copies of any application for
final approval of a minor subdivision to the Monroe County Department
of Planning for its review and report, if required.
E.
The Secretary shall submit a copy of any application for approval
of a minor subdivision final plat that has not previously received
concept approval to the Environmental Board whose review shall include
recommendation and findings to the Planning Board as to determination
of significance.
F.
The Planning Board shall hold a public hearing at which parties in
interest shall have an opportunity to be heard, which hearing shall
take place within the time specified by and upon the notice required
by state law.
(1)
The Secretary may waive the requirement for a public hearing for
any major subdivision final plat that substantially agrees with the
preliminary plat previously submitted and any conditions of approval
placed on said preliminary plans by the Planning Board.
G.
At the time of the public hearing, the Planning Board shall have
considered the minor subdivision plat in connection with the topography
of the area, existing requirements of the Zoning Code,[1] the Comprehensive Plan and the Town Official Map, Sewer
District Master Plans, the Drainage Plan, the general requirements
of the Town and shall insure that the applicant has secured the necessary
approvals and/or permits for the provisions of utility services, septic
systems and road cuts.
H.
At the time of a public hearing on any minor subdivision which has
not been previously submitted for review and approval of a concept
plan, the Planning Board shall make a determination as to whether
the project may have a significant impact on the environment for the
purposes of SEQRA. In making such determination, the Planning Board
shall consider any comments by the Environmental Board, the public
and any involved agencies.
I.
Subsequent to the filing of the final plat, and after the closing
of a public hearing, if required, the Planning Board shall, within
the time specified by New York State Law:
(1)
Conditionally approve said application if the application is determined
to meet all of these regulations, but requires other necessary approvals
before final approval can be granted.
(2)
Disapprove said application if the Planning Board determines that
the application does not meet all of the requirements of these regulations,
the resolution of disapproval to contain the reasons therefor.
J.
The Secretary may grant unconditional final approval to any final
plat that complies with a conditional approval previously granted
by the Planning Board. In order to be granted such unconditional final
approval, the applicant shall submit the mylars and one copy of the
final plat and plans that shall bear all necessary signatures of approval.
K.
Approval of an application. Conditional approval of a final plat
shall expire 180 days from the date of the Planning Board endorsement
of conditional approval thereon unless said final plat is filed in
the office of the Monroe County Clerk. The Planning Board may extend
the foregoing expiration time for periods of 90 days each if, in the
Planning Board's opinion, such extension is warranted by the
particular circumstances.
