[Amended 10-13-2020 by L.L. No. 4-2020]
A. 
Whenever any subdivision of land is proposed, before any permit for the erection of a permanent building in such proposed subdivision shall be granted and before any subdivision plat may be filed in the office of the Ontario County Clerk, the applicant or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure. The authority to use discretion in determining the necessity for review of the subdivision is delegated to the Planning Board.
B. 
Pre-application meeting.
(1) 
The purpose of the pre-application meeting is to provide the applicant with the necessary information in order to save the applicant time and money and to make the most of opportunities for a desirable development.
(2) 
The applicant is required to attend a pre-application meeting with the Code Enforcement Officer or a designee of the Code Enforcement Officer, and a member of the Planning Board (designated by the Planning Board) to review all the application procedures, requirements, and regulations prior to submission of a sketch layout, preliminary plat submission, or final plat submission. Items to be reviewed include, but are not limited to, general requirements as to design of streets, reservations of land, stormwater management, wastewater disposal, water supply, fire protection, access connection spacing, and other improvements.
(3) 
A general timeline for the application approval process, and any other information that will assist the applicant in preparing a complete application for submission, will be provided.
(4) 
The applicant will be advised that there may be other local, state, or federal agencies or departments to be consulted, such as the Town Engineer, New York State Department of Transportation, Ontario County Highway Department, New York State Department of Environmental Conservation, or other agencies.
The following are the regulations required for minor subdivisions:
A. 
The subdivision maps required are to be prepared by a licensed surveyor or engineer. This would be the subdivision map to be filed with the Ontario County Clerk. Survey is required for newly formed lots only.
B. 
If no building information was submitted with the minor subdivision application for any or all lots, plat approval for filing shall note that it will be the responsibility of the lot owner to submit site and building information at the time of building permit application for review and approval by the Code Enforcement Officer or Deputy Code Enforcement Officer and Town Engineer when necessary. No building permit shall be issued until the Code Enforcement Officer or Deputy Code Enforcement Officer reviews these approvals.
[Amended 12-11-2001 by L.L. No. 2-2001]
C. 
The subdivision map shall show the layout and drainage within a two-hundred-foot area of the house or any disturbed area. The plan shall include the driveway connection to the public road.
D. 
A minor subdivision is the division of one lot into two to six lots, all with road frontage meeting the Zoning Law all on a public road. All other subdivisions are major subdivisions.
E. 
Minor subdivisions shall comply with all of the requirements outlined in § 173-20, Major subdivisions, Subsection C, Final subdivision plat submission.
F. 
The application fee for minor subdivisions shall be established by the Town Board and will include engineering and legal fees.
A. 
Sketch layout procedure.
(1) 
Sketch layout review procedure. The purpose of this step is to afford the subdivider 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.
(2) 
Requirements. Three copies shall be submitted to the Planning Board and shall comply with the requirements set forth in Article V, § 173-21 of these rules and regulations. One copy shall be retained by the Planning Board. The developer shall provide copies and necessary coordination with other consultants or agencies.
(a) 
Before preparing a sketch layout, the subdivider may discuss with the Planning Board, commissions, departments and officials the general requirements as to design of streets, reservations of land, town frontage road policy, drainage and erosion control and slope stabilization measures, water retention facilities, sewerage, water supply, fire protection and other improvements as well as procedural matters. Subdividers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Director of Public Works at the sketch layout stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process. Where public utilities are involved, the subdivider's engineer should contact the agencies for connection specifications, capacities and any other requirements of the respective agencies.
(b) 
The Planning Board shall study the sketch layout of a proposed subdivision in relation to existing or potential development of the adjacent area and the Town Comprehensive Plan and County Master Plan, if any, and in the course of its review may consult with other interested public agencies. In addition, the Planning Board may direct the developer to submit a copy of the sketch layout to the Town Engineer for his review and report.
[Amended 12-11-2001 by L.L. No. 2-2001]
(3) 
County review. The Planning Board may refer said sketch plan to the Ontario County Planning Board for its review and report which shall be made to the Planning Board.
(4) 
Notification of results of sketch plan layout review. Not later than 45 days following the submission of a complete sketch layout, as determined by the Planning Board, the Planning Board shall convey a written report to the subdivider containing its comments concerning the design of the proposed subdivision, including, in appropriate cases, suggestions as to coordination with the design of adjacent subdivisions or compliance with requirements of other interested public agencies. Copies of minutes of the relevant meetings shall be considered a sufficient written report.
B. 
Preliminary plat submission.
(1) 
Preliminary plat review procedure. A preliminary plat shall be prepared and submitted to the Planning Board for all proposed major subdivisions.
(2) 
Requirements.
(a) 
The preliminary plat shall be clearly marked "preliminary plat" and shall satisfy the requirements for preliminary layouts as described in Article V, § 173-22 and should comply with the recommendations made by the Planning Board in its report on the sketch layout, if any.
(b) 
Ten copies of the preliminary plat and supplementary material specified shall be submitted to the Planning Board. One copy of the preliminary plat shall be returned to the subdivider with the notification of decision, one copy shall be retained by the Planning Board and the remaining copies will be used for necessary review with other consultants or agencies. The Planning Board shall study the preliminary plat in connection with the topography of the area, existing requirements of the Zoning Law, the Comprehensive Plan 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 plat, the Planning Board may 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 plat. If directed by the Planning Board, the developer shall submit to the Town Engineer a copy of the preliminary plat for review at least two weeks prior to the date of public hearing on the preliminary plat.
[Amended 12-11-2001 by L.L. No. 2-2001]
(3) 
County Planning Board review and establishing a public hearing date (§ 239-n of the General Municipal Law).
[Amended 10-13-2020 by L.L. No. 4-2020]
(a) 
Upon receipt of a complete and satisfactory preliminary plat application, as determined by the Planning Board, the Planning Board shall refer such complete application to the Ontario County Planning Board, as required by § 239-n of the General Municipal Law of New York. If the applicant has submitted concurrent applications for site plan and/or subdivision approvals to the Town Planning Board, then to the extent practicable, a joint referral shall be made to the County Planning Board for all related pending applications.
(b) 
Three full-size hard copies and one digital file in electronic format [including, but not limited to, portable document format (pdf) and/or tagged image file format (tiff)] of the preliminary plat and supplementary material specified shall be submitted to the Planning Board. One copy of the preliminary plat shall be returned to the applicant with the notification of decision, one copy shall be retained by the Planning Board, and the remaining copies will be used for necessary review with other consultants or agencies. The Planning Board shall study the preliminary plat in connection with the topography of the area, existing requirements of the Zoning Law, the Comprehensive Plan 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 plat, the Planning Board may 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 plat. If directed by the Planning Board, the developer shall submit to the Town Engineer a copy of the preliminary plat for review at least two weeks prior to the date of public hearing on the preliminary plat.
(4) 
Action by the Planning Board.
[Amended 12-11-2001 by L.L. No. 2-2001; 10-13-2020 by L.L. No. 4-2020]
(a) 
Coordination with the State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
(b) 
The Planning Board shall conduct the public hearing and shall approve with or without modification or disapprove such preliminary plat in accordance with the requirements and time limits specified in § 276 of the Town Law of New York. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of these rules and regulations, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the applicant and the Planning Board. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form. A copy of the minutes of the relevant meetings shall be considered a sufficient written report.
(5) 
Notification of decision. Within five business days of the adoption of the resolution granting approval of such preliminary plat, it shall be certified by the Secretary of the Planning Board as granted preliminary approval and a copy filed in the Code Enforcement office. A copy of the resolution shall be mailed to the owner. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairperson or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk. In the event that the Planning Board fails to take action on the preliminary plat within the time prescribed therefor, such plat shall be granted preliminary approval. The 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.
[Amended 10-13-2020 by L.L. No. 4-2020]
C. 
Final subdivision plat submission. After receiving approval with or without modification from the Planning Board on a preliminary plat, the subdivider may prepare his or her final subdivision plat and submit it to the Planning Board for approval, except that if more than six months have elapsed between the time of the Planning Board's decision on the preliminary plat and the submission of the final subdivision plat and the Planning Board finds that conditions on the plat have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary plat for further review and possible revision prior to accepting the proposed final subdivision plat for review, in which case a public hearing shall be held on the revised plan.
(1) 
Requirements.
[Amended 10-13-2020 by L.L. No. 4-2020]
(a) 
The final subdivision plat shall conform substantially to the preliminary plat as approved by the Planning Board. It shall incorporate any modifications or other features that may have been recommended by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the applicant on the appropriate submission. If the applicant wishes to develop the subdivision in stages, he or she may prepare and submit a subdivision plat for a portion of the area encompassed by the preliminary plat, provided the proposed development stages were indicated on the preliminary plat 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) 
When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
(2) 
Application for subdivision plat. A permanent reproducible drawing on approved material plus three paper copies, one digital file in electronic format [including, but not limited to, portable document format (.pdf) and/or tagged image file format (.tiff)] and other exhibits required for approval, as specified in Article V, § 173-23, shall be submitted with the application for approval. When submitting a subdivision plat for approval, the applicant 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, septic location, 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 with the final subdivision plat.[1]
[Amended 12-11-2001 by L.L. No. 2-2001; 10-13-2020 by L.L. No. 4-2020]
[1]
Editor's Note: Original Sec. 3C, Public hearing, which immediately followed this subsection, was deleted 12-11-1001 by L.L. No. 2-2001.
(3) 
County Planning Board review and establishment of a public hearing date (§ 239-n of the General Municipal Law). Where required by § 239-n of the General Municipal Law, or as otherwise required, the final plat shall be submitted to the County Planning Board for review and approval as appropriate. When the Planning Board deems the final plat to be in substantial agreement with the approved preliminary plat, modified in accordance with any recommendations accompanying such approval, the Planning Board may waive the requirements for a public hearing. When a public hearing is required by the Planning Board, it shall be scheduled, advertised and conducted as specified in § 276 of the Town Law.
[Amended 12-11-2001 by L.L. No. 2-2001]
(4) 
Notification of decision.
(a) 
The Planning Board shall by resolution conditionally approve, with or without modifications, disapprove or grant final approval and authorize the signing of such plat in accordance with the requirements and time limits specified in § 276 of the Town Law. Notwithstanding the foregoing provisions of these rules and regulations, the time in which the Planning Board must take action on such a plat may be extended by mutual consent of the subdivider and the Planning Board. In the event the Planning Board fails to take action on a final 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.
[Amended 12-11-2001 by L.L. No. 2-2001]
(b) 
In reviewing a subdivision plat, the Planning Board may 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 through transmittal of these minutes and a copy of the map submitted. In case of disapproval of a proposed subdivision plat, the Planning Board shall have in its minutes its reasons for disapproval.
(c) 
No construction of any type, 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 Ontario 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.
(5) 
Endorsement of State Health Department or New York State Department of Environmental Conservation. Where required by state law the developer shall arrange to have the subdivision plans submitted to, and reviewed and approved by, the State Departments of Environmental Conservation and Health for compliance with such laws and regulations as are appropriate prior to final Planning Board approval. Private wastewater collection and treatment facilities shall comply with the Waste Treatment Handbook, Individual Household Systems, prepared by the New York State Department of Health (handbook on file with the Town Clerk).
(6) 
County Official Map notification. The developer will also, if the county has established a County Official Map, notify the Ontario County Planning Board and the County Superintendent of Highways or Commissioner of Public Works if the subdivision plat proposes structures or new streets having frontage on, access to or otherwise directly related to any county road, existing or proposed, as shown on the County Official Map. The County Planning Board reports to the Planning Board within 30 days on its approval or disapproval or on its approval subject to stated conditions of the proposed subdivision plat. The plat may be approved by the town subject to stated conditions, notwithstanding such report, when the application of such report will act to deprive the owner of the reasonable use of his or her land.
(7) 
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 five days of such resolution, the plat shall be certified by the Chairman of the Planning Board as conditionally approved and a copy filed in the Town Clerk's office. 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 180 days after the date of the resolution granting conditional approval unless such requirements have been certified as completed. Notwithstanding the foregoing provisions of these rules and regulations, 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 for not to exceed two additional periods of 90 days each.
(8) 
Signing of plat.
(a) 
Every subdivision plat submitted to the Board for its approval shall carry the following endorsement:
Approved by resolution of the Planning Board of the Town of Richmond, New York, on the _____ day of __________, ____, subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of this plat, as approved, shall void this approval. Signed this _____ day of ____________, ____ by
Chairman, Planning Board
Town Engineer (as required and
directed by Planning Board)
(b) 
In absence of the Chairman, the Acting Chairman may sign in his place. If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map or, in cases where the plat does front on, or have access to, or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by Article 12B, § 239-f of the General Municipal Law.
(9) 
Expiration of approval. An approved plat must be filed in the County Clerk's office within 62 days from the date of the signature of the duly authorized officer of the Planning Board or the certificate of the town as to the date of the submission of the final plat and the failure of the Planning Board to take action thereon within the time prescribed. If it is not, the approval expires. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk, the entire approved plat shall be filed within 30 days of the filing of such section with the Town Clerk. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision 2 of § 265-a of the Town Law.
[Amended 12-11-2001 by L.L. No. 2-2001]
D. 
Required improvements and agreements.
(1) 
Improvements and letter of credit.
(a) 
Prior to an action by the Planning Board approving a subdivision plat, the applicant shall be required to guarantee completion, in accordance with the Planning Board's decision and to the satisfaction of the appropriate town departments, of all the street, sanitary and other improvements specified in the action approving said plat.
(b) 
The subdivider shall provide the town a letter of credit sufficient to cover the full cost of the improvements as approved by the Planning Board. Such letter of credit shall be subject to approval of the Town Board in accordance with § 277 of the Town Law and shall run for a term to be fixed by the Planning Board. Upon posting of the financial guaranty and compliance with all other requirements, the Chairman shall sign the subdivision plat as evidence that it complies in full with this chapter and has been approved.
(c) 
After the satisfactory completion of the project, it shall be the responsibility of the subdivider to provide the town a maintenance bond, satisfactory to the town as to form, sufficiency and manner of execution, for a period of not less than two years after satisfactory completion of the project to assure the quality of the work performed and materials installed.
(d) 
All required improvements shall be made by the applicant at his or her expense without reimbursement by the town or any district therein. Said improvements shall include but not necessarily be limited to the following:
[1] 
Streets.
[2] 
Street signs.
[3] 
Curbs and gutters.
[4] 
Monuments.
[5] 
Stormwater runoff collection and control system.
[6] 
Sanitary sewage collection and treatment facilities.
[7] 
Water supply system.
[8] 
Park and recreation facilities.
[9] 
Electrical, telephone and utility lines.
[10] 
Erosion control, plantings and ground cover.
[11] 
Sidewalks.
(2) 
Inspection of improvements. The town shall employ its engineer or municipal official as an inspector to act as agent of the Town Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board. It shall be the responsibility of the subdivider to bear any and all inspection costs incurred by the town or its agents in connection with the subdivider's project and have moneys included in the letter of credit. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with Planning Board recommendations or the approved construction details, the applicant will be liable for the costs of completing said improvements according to specifications.
(3) 
Offers of dedication and release.
(a) 
The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Formal offers of dedication to the town of all streets and parks, not marked on the plat with notation to the effect that such dedication will not be offered, shall be filed with the Planning Board prior to plat approval. If the owner of the land or his or her agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the County Clerk or register shall constitute a continuing offer of dedication of the streets, highways or parks or any of them to the public. Said offer of dedication may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his or her agent.
(b) 
Upon completion of all requirements set forth in the action approving the subdivision plat and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be signed by the Chairman of the Planning Board and may be filed by the applicant in the office of the County Clerk.
E. 
Resubdivision. For a resubdivision the same procedure, rules and regulations apply as for a subdivision.
F. 
Public streets, parks and playground areas. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect.
G. 
Time of construction. Upon establishing the letter of credit in accordance with Subsection D(1), and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.