The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Town of Webster in order to promote the public health, safety, convenience
and general welfare of the Town. They shall be administered to ensure
orderly growth and development, the conservation, protection and proper
use of land and adequate provisions for circulation, utilities and
services and to ensure that land utilization for residential building
purposes shall not be a detriment to health, shall not cause a peril
from fire, flood or other menace and that adequate provision is made
for light, air, fire protection, open land areas, recreation and other
amenities.
The following words set forth in this section
shall be defined as follows:
The Planning Board of the Town of Webster.
The final map, drawing or chart in which the subdivider's
plan of subdivision is presented to the Planning Board for consideration
for approval and subsequent recording at the office of the Clerk of
the County of Monroe.
A rough outline map submitted to the Planning Board for its
initial consideration.
The owner or developer of the land to be subdivided, or his
or its agent.
The division of any parcel of land into a number of lots,
blocks or sites as specified in this Code or law, with or without
streets or highways, for the purpose of sale, transfer of ownership,
or development. Subdivision may include any alteration of lot lines
or dimensions of any lots or sites shown on a plat previously approved
and filed in the office of the Monroe County Clerk. A "minor" subdivision
will be any residential subdivision of less than five lots; a "major"
subdivision will include all other subdivisions.
[Amended 5-7-2004 by L.L. No. 1-2004]
The Town of Webster Zoning Map dated February 20, 2003.
[Amended 7-17-2003]
[Amended 5-7-2004 by L.L. No. 1-2004]
The Department of Public Works shall have the
authority to review subdivision plats prior to the issuance of any
building permits and, at its option, refer such plats to the Planning
Board, in accordance with the provisions of § 276 of the
New York State Town Law.
A.
Prior to the
application for preliminary subdivision plat approval, the applicant
shall first have a sketch plan conference with the Town Planning Board.
The sketch plan conference shall be conducted at a regularly scheduled
meeting of the Town Planning Board but shall not be a public hearing.
The purpose of the sketch plan conference shall be to present to the
Town Planning Board, for initial review, discussion and comment, a
design concept or plan for the development of a parcel or parcels
of land within the Town. During the conference, the applicant and
the Planning Board shall review and discuss the basic subdivision
design concept and generally determine the information to be required
and provided on the preliminary subdivision plat. No formal action
shall be taken on the plan or the application at the time of the sketch
plan conference. At such a conference, the applicant should provide
a letter of intent outlining the proposed project, along with a conceptual
design sketch and the following additional information:
(1)
The general
location of the site with respect to existing and proposed streets
and rights-of-way, buildings and other facilities and natural features.
(2)
Specific
identification of all properties, subdivisions, streets and easements
within 200 feet of the parcel.
(3)
General identification
of all existing utilities in the area.
(4)
Identification
of internal streets or traffic circulation patterns, if any, of the
proposed development.
(5)
The location
of all existing and proposed structures on the site, and designated
uses for each.
(6)
Identification
of existing zoning classification(s) of the property and all adjacent
properties, and any restrictions on land use of the site.
(7)
Identification
of existing natural features on the site.
(8)
A map of
site topography at no more than five-foot contour intervals. If general
site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two feet of elevation
shall be provided.
B.
Following the
sketch plan conference, the Town Planning Board may suggest to the
applicant changes in the preapplication sketch involving street layouts,
traffic patterns, access, building sizes, shapes and/or locations,
landscaping techniques, preservation of natural features or other
matters which, in the opinion of the Board, would improve the subdivision
design concept. Additional sketch plan conferences can be scheduled
by the Planning Board as needed prior to preliminary approval.
A.
All preliminary
applications for subdivision plat approval shall be made in writing
on the appropriate forms pursuant to this chapter and shall include
(as required by the Town Planning Board and/or Town Department of
Public Works) drawings, maps or other relevant data containing the
following information, as applicable. (Maps and drawings submitted
as a part of preliminary subdivision plat approval applications shall
be prepared by a licensed engineer, architect, landscape architect
or surveyor and certified by the seal and signature of such engineer,
architect or surveyor):
[Amended 5-7-2004 by L.L. No. 1-2004;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
A North arrow,
scale, original date and last revision date for all maps.
(2)
Identification
of the boundaries of the property plotted to scale, dimensions of
the site and the total acreage.
(3)
The current
zoning of the property and any proposed zoning changes.
(4)
The location
of existing watercourses.
(5)
A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention in accordance with Chapter 146 of the Town Code.
(6)
The location,
setbacks, heights and proposed use for all buildings and structures.
(7)
Typical floor
plans and elevations for all buildings.
(8)
The location of any accessory structures, or docks, piers or moorings proposed pursuant to Chapter 350 of the Town Code.
(9)
The location,
design and traffic circulation patterns for all parking areas and
truck delivery areas, showing all ingress and egress points, driveways,
drive aisles, etc.
(10)
The location
and size of all curb cuts.
(11)
A description
of provisions for pedestrian access and circulation, including sidewalks,
handicapped parking areas and ramps, crosswalks and pavement markings,
including any easements for public access along shoreline areas.
(12)
The size,
nature and location of any outdoor storage area; the location of any
outdoor fencing, including the size, height and type of construction.
(13)
The location,
design and construction materials of all existing or proposed site
improvements such as drains, culverts, retaining walls, outdoor storage
tanks, retention ponds, air-conditioning units and waste disposal
units.
(14)
A description
of the method of sewage and stormwater disposal, and the location,
design and construction materials of such facilities.
(15)
A description
of the method of securing public water, and the location, design and
construction materials of such facilities.
(16)
The location
of fire lanes and other emergency zones, including the location of
all existing and proposed fire hydrants.
(17)
The location,
size, design and construction material of all proposed signs.
(18)
The location,
design and construction materials of all energy distribution facilities,
including electrical, gas and solar energy; descriptions of provisions
for solar energy use, energy conservation or other environmental design
techniques.
(19)
The location
and proposed development of all buffer areas, including existing and
proposed vegetative cover. The location of all existing stands of
trees on the site, with particular notation of all existing trees
with a diameter of eight inches or more.
(20)
The location
and design of outdoor lighting facilities.
(21)
A designation
of any building to be used as an accessory structure to residential
uses.
(22)
A general
landscaping plan and planting schedule, including the location and
types of trees and shrubbery to be planted.
(23)
An identification
of all additional town, county, state and federal permits, private
easements or agreements, variances and/or other approvals that are
necessary in order to complete the project as proposed; applications
for all development permits required, if any, under the provisions
of the zoning regulations of the Town Environmental Protection Overlay
Districts.
(24)
Temporary
and permanent provisions for controlling erosion from the site.
(25)
A description
of on-site soils as available in the Monroe County Soils Survey.
(26)
Any other
data, information, maps or drawings that are deemed necessary by the
Town Planning Board and/or Town Department of Public Works in order
to make a decision regarding the application for preliminary subdivision
plat approval.
(27)
The location,
name, width and design of existing and proposed streets.
(28)
The length
of street straight lines, deflection angles, radii, length of curves
and control angles of curves, tangent distances and bearings for each
street.
(29)
A typical
cross section of street and sidewalk showing character, width and
depth of pavement and subbase.
(30)
The location
of manholes, curbs and gutters and underground conduits.
(31)
Evidence
of a permit to tie it into county or state roads.
(32)
All dimensions
and angles of lot lines in feet and decimals thereof.
(33)
All lots
are to be numbered.
(34)
The size
and location of proposed water mains, hydrants and valves and connection
with existing water supply.
(35)
The subdivision
entrance sign.
(36)
Utility
lines to be within the road right-of-way outside of paved areas.
(37)
For subdivision
plat review applications for development proposed within 500 feet
of the Irondequoit Bay or Lake Ontario shoreline, a soil survey shall
be required containing the following information:
(a)
A two-foot
contour map on a scale of one inch equals 200 feet, or a larger scale.
(b)
One soil
boring 48 inches deep or deeper per two acres of development.
(c)
One deep
hole pit eight feet deep or deeper per 10 acres of development (at
least one pit per development site).
(d)
A map
showing the location of soil borings and deep hole pits.
(e)
A map
showing the separation of intensive soil map units (soil map).
(f)
Soil
descriptions unless keyed to county soil survey descriptions.
(g)
A log
of soil borings and deep hole pits.
(h)
A summary
letter written and signed by a professional soil scientist.
(38)
For all
properties west of Bay Road and all properties north of Lake Road,
a visual analysis of the proposed subdivision which identifies all
significant scenic views and vistas, and a cultural resource analysis
of the site which identifies all significant historic, architectural,
archaeological or other cultural buildings or structures. The Visual
EAF Addendum, prepared by the New York State Department of Environmental
Conservation, shall be used to supply information for the visual impact
analysis required above.
B.
A letter of intent,
prepared by the applicant or his designated representative or agent,
shall accompany the preliminary subdivision plan application and shall
include a statement outlining the proposed subdivision, the owner
of the property and any proposed building, the project builder or
contractor (if known), a proposed construction schedule, the principals
involved in the financing of the project and any other information
deemed necessary by the Town Department of Public Works. Such additional
information may include data on the nature and legal status of existing
or proposed easements and a description of all deed restrictions or
covenants applicable to the property.
C.
Appropriate fees
to cover the costs of processing the application for preliminary subdivision
plat approval shall accompany the application and shall be paid to
the Town of Webster upon filing with the Town Planning Board. Such
fees shall be established by the Town Board by resolution, may from
time to time be changed by the Board and shall not be refundable.
A.
The Town Planning
Board's review of a preliminary subdivision plat application shall
include but shall not be limited to the following considerations:
(1)
The adequacy
and arrangement of pedestrian access and circulation into and through
the site (including separation of pedestrian and vehicular traffic),
location and design of walkway structures, control of intersections
where vehicular and pedestrian traffic converge and overall pedestrian
convenience and safety in the site; the adequacy of facilities designed
to assist handicapped persons using the facility.
(2)
The adequacy
and arrangement of vehicular access and circulation into and through
the site (including separation of pedestrian and vehicular traffic),
location and design of driveways, drive aisles and curb cuts.
(3)
The adequacy,
type and arrangement of trees, shrubs and other landscaping on the
site for use as visual and/or noise-deterring buffers between adjoining
land uses, or as natural design elements to enhance the aesthetic
aspects of the project.
(4)
In the case
of an apartment building, townhouse or other form of multifamily dwelling,
the adequacy of usable open space areas for playgrounds and/or other
recreational activities.
(5)
The adequacy,
location and design of parking facilities, loading and unloading areas
and docking facilities.
(6)
The adequacy
of stormwater and drainage facilities.
(7)
The location,
arrangement, size and design of all dwelling and exterior lighting
and signage.
(8)
The adequacy
of water supply to the site and sewage and refuse disposal facilities.
(9)
The protection
of solar access on adjacent or neighboring properties.
(10)
The protection
of adjacent properties and the general public against noise, glare
and unsightliness or other objectionable influences.
(11)
The adequacy
of structures, roadways and landscaping in areas with moderate to
high susceptibility to flooding and ponding and/or erosion.
(12)
The proposed
grading of the site.
(13)
The adequacy
of all temporary and permanent provisions to control erosion from
the site, maintain existing vegetation and wildlife habitats within
the site, deal with peculiar soil types on the site and other similar
site environmental problems.
(14)
The adequacy,
design and location of fire lanes, emergency access zones or other
similar areas intended to provide ingress and egress for emergency
vehicles; the adequacy and location of fire hydrants.
(15)
Provisions
for snow storage and/or removal.
(16)
The proposed
construction schedule or phasing of the project and its relationship
to overall project design.
(17)
General
project conformance with accepted planning, engineering and site design
standards and criteria.
(18)
The adequacy,
location and design of shoreline/erosion protection structures.
(19)
The adequacy,
size, location and design of boat docking facilities, fishing piers,
slips, catwalks, boat-launching ramps and other similar facilities.
(20)
The adequacy
of provisions of pedestrian access to the shore zone for particular
sites.
(21)
The aesthetic
and architectural qualities of the proposed project, particularly
building styles and construction materials used, as they relate to
any unique characteristics of a particular site and the surrounding
natural environment.
A.
Public hearing.
[Amended 5-7-2004 by L.L. No. 1-2004; 6-3-2021 by L.L. No. 3-2021]
(1)
The Town Planning Board shall conduct a public
hearing on the proposed preliminary subdivision plat. Such a public
hearing shall be conducted within 62 days of the date of receipt of
the application for preliminary subdivision plat approval. Proper
notice of a public hearing before any board shall be given by legal
notice published in the official newspaper of the Town of Webster,
at least five days before the date set for a public hearing, as required
by § 276 of the Town Law.
(2)
Those submitting applications before the Planning
Board and Zoning Board of Appeals, and all special permit and rezoning
applications before the Town Board, shall be required to post a Town-provided
sign in a publicly conspicuous location on or in front of the front
property line of the property affected. Said sign shall notify the
public of a pending application and hearing and shall be posted not
less than 10 days prior to and up to the date of the hearing. Such
sign shall be provided by the Town and/or its designee and shall be
removable by the Town and/or designee within five days after the hearing
is concluded.
B.
Prior to the
approval of any development application by the Town Planning Board,
the Town Department of Public Works shall review such application
and make recommendations to the Board concerning the project. Such
recommendations shall include an identification of any private easements
or agreements, variances required for the project and/or possible
problems with the general subdivision plat design, parking or building
layouts, ingress or egress, building density or setbacks, pedestrian
and vehicular circulation and other land use, site design, zoning
or environmental problems or concerns. Such recommendations may also
include possible alternative design solutions. The Town Department
of Public Works shall be responsible for coordinating all other Town
permit procedures necessary for any given project or proposed development,
including the Town environmental quality review process and the procedures
for obtaining development permits within Environmental Protection
Overlay Zoning Districts.
[Amended 5-7-2004 by L.L. No. 1-2004]
C.
The Town Planning
Board shall be responsible for referring, as necessary or required,
any development project to the various departments or agencies, prior
to any final action being taken by the Town Planning Board on the
application. The Town Planning Board shall also be responsible for
referring certain site development plans to the Monroe County Department
of Planning for a report in accordance with the provisions of § 239-m
of the General Municipal Law and to neighboring municipalities in
accordance with the provisions of § 239-nn of the General
Municipal Law prior to any final action being taken on the application
by the Town Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Within 62 days of the public hearing on an application for preliminary subdivision plat approval, the Town Planning Board shall act on it. If no decision concerning such an application is made pursuant to § 296-20 of this chapter within said sixty-two-day period, the preliminary subdivision plat shall be considered approved. If final approval is not received within one year following preliminary approval, the applicant shall be required to submit the application for reconsideration of preliminary subdivision plat approval. The sixty-two-day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant.
[Amended 5-7-2004 by L.L. No. 1-2004]
E.
The Town Planning
Board may approve an application for subdivision plat review when,
based on the information presented at the public hearing, it has determined
that the project will adequately and appropriately address the considerations
and criteria listed above. The Town Planning Board may place reasonable
restrictions or stipulations on such applications in order to ensure
that the project will adequately and appropriately address the considerations
and criteria listed above.
F.
The Planning
Board's decision shall refer to a specific site plan drawing by date
and number and may include recommendations of desirable modifications
to be incorporated into the final site plan. Conformance with said
modifications shall be considered a condition of project approval.
If the preliminary site plan is disapproved, the Planning Board's
decision shall clearly state the reasons for such denial. In such
case, the Planning Board may recommend further study of the site plan
and resubmission to the Board after it has been revised or redesigned.
[Added 5-7-2004 by L.L. No. 1-2004]
A.
After receiving
preliminary approval, with or without modification, from the Planning
Board on a preliminary subdivision plat, the applicant may prepare
a final detailed subdivision plat and submit it to the Planning Board
for approval. If more than six months have elapsed since the time
of the Planning Board's action on the preliminary subdivision plat
or if the Planning Board finds that conditions may have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary subdivision plat and an additional public hearing for
further review and possible revision prior to accepting the proposed
final subdivision plat for review.
B.
The final detailed
subdivision plat shall conform substantially to the preliminary subdivision
plat that has received preliminary subdivision plat approval. It shall
incorporate any revisions or other features that may have been recommended
by the Planning Board at the preliminary review. In addition to that
provided elsewhere in the chapter, the Planning Board may require
a letter of credit, bond or maintenance bond for any facility or improvement
that is indicated as part of the plat, such as parking areas and buffer
and screen devices. All such compliances shall be clearly indicated
by the applicant on the appropriate submission.
C.
In addition to
final detailed subdivision plats, the following additional information
shall accompany an application for final subdivision plat approval:
(1)
A record
of application for and approval status of all necessary permits from
town, county and state departments or agencies.
(2)
An estimated
project construction schedule.
(3)
Submission
of all proposed easement including private easements, agreements and
deed restrictions.
[Amended 5-7-2004 by L.L. No. 1-2004]
(4)
Submission
of evidence of firm financial commitments for project constructions
and permanent financing for completion of the project.
(5)
Any other
information or data deemed necessary by the Town Department of Public
Works and/or Town Planning Board.
D.
There shall be
no additional fee required for review of an application for final
subdivision plat approval. Such review shall take place at a regularly
scheduled meeting of the Town Planning Board but shall not require
a public hearing.
E.
If the final
detailed subdivision plat is substantially different from the approved
preliminary plat, then the applicant shall present any modifications
to the Planning Board as a preliminary subdivision plat in accordance
with the approval procedures found in this section. The Planning Board
shall then determine whether or not the modified plat is still in
keeping with the intent of the Planning Board resolution which approved
the preliminary subdivision plat. If a negative decision is reached,
the subdivision plat shall be considered as disapproved.
A.
Within 62 days
of receipt of the application for final subdivision plat approval,
the Planning Board shall notify the Town Commissioner of Public Works
or his/her division head or designee of its decision. If no decision
is made within the sixty-two-day period, and upon the applicant's
completion of requirements to be met, the final subdivision plat shall
be considered approved. However, the sixty-two-day time period may
be extended by mutual consent of the Town Planning Board and the applicant.
The Planning Board's decision shall clearly refer to a specific subdivision
plat by drawing number and date.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Upon approval
of the final subdivision plat and payment by the applicant of all
fees and reimbursable costs due to the Town, the Planning Board shall
endorse its approval on a copy of the final subdivision plat and shall
forward such copy to the Town Commissioner of Public Works or his/her
division head or designee. Upon disapproval of a final subdivision
plat, the Planning Board shall so inform the Commissioner of Public
Works or his/her division head or designee, and the Town shall deny
a building permit to the applicant. The Planning Board shall also
notify the applicant in writing of its decision and its reasons for
disapproval or approval. Town Planning Board approval of a final subdivision
plat shall expire after one year from the date of such decision unless
a building permit has been taken out within such time period, for
work indicated on the final subdivision plat, and subdivision development
and/or construction has begun as determined by the Town Planning Board.
An application for preliminary or final subdivision plat approval
that has been denied by the Town Planning Board may not be resubmitted
to the Board for a period of one year from the date of such decision
unless such plat has been changed or revised to reflect the concerns
and recommendations of the Planning Board indicated in its notice
of denial.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In taking action
on applications for final subdivision plat approval, the Town Planning
Board shall ensure that, to the maximum extent possible, the minimum
requirements of the Town Zoning Ordinance[1] have been met or that appropriate variances have been
granted by the Town Zoning Board of Appeals. The Town Planning Board
may impose additional restrictions or conditions on applications for
final subdivision plat approval beyond the general requirements of
the Town Zoning Ordinance, but within the scope and authority of this
section, if it determines that such restrictions or conditions are
necessary to ensure project conformance with generally accepted planning,
engineering and design standards and criteria or to minimize the project's
adverse impact on adjacent land uses and other physical and environmental
features or are directly related to the health, safety or general
welfare of the community. Such additional restrictions or conditions
shall be in the form of a resolution of approval as a condition of
final subdivision plat approval. Final subdivision plat approval cannot
be granted for any project until all private easements and agreements
have been obtained, all necessary variances from the Town Zoning Board
of Appeals have been granted and/or all use permits from the Town
Board have been granted and a review or referral has been received
concerning the project from the Monroe County Planning Department
in accordance with the provisions of the General Municipal Law, if
required.
[Amended 5-7-2004 by L.L. No. 1-2004]
D.
The following
documents shall be submitted upon approval of the final plat map:
[Amended 5-7-2004 by L.L. No. 1-2004]
(1)
Payment of
necessary engineering and legal fees.
(2)
A certified
copy of the deed checked against plat boundaries.
(3)
A tax search
showing no unpaid taxes.
(4)
A certified
copy of the deed or an attorney's certificate of title.
(5)
Proposed
easements, including private easements, easement agreements, and deed
restrictions.
[Amended 5-7-2004 by L.L. No. 1-2004]
(6)
A permit
for connection to county or state roads.
(7)
A statement
of dedication of streets and utilities.
(8)
Improvement
districts processed.
(9)
Approval
of the County Health Department.
(10)
Payment
of Planning Board fees.
(11)
Map signatures
required:
(a)
Certificates
by the applicant's representatives, as required by New York State
Law.
(b)
Commissioner
of Public Works or his/her division head or designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Town
Assessor.
(d)
Town
Highway Superintendent.
(e)
Monroe
County Health Department.
(f)
Planning
Board Chairman or Secretary.
(g)
Fire
Marshal.
(h)
Water
Department official.
(i)
Sewer
Department official.
(j)
A certification
by the applicant, and the property owner if different than the applicant,
that the undersigned applicant and property owner accepts all conditions
and approvals as set forth on the final plat map.
[Added 5-7-2004 by L.L. No. 1-2004]
(12)
The following
certifications will be required and placed on the subdivision plat
map:
[Added 5-7-2004 by L.L. No. 1-2004]
(a)
It is hereby certified that all lots shown hereon fully comply with the Zoning Ordinance (Chapter 350) and the Subdivision Rules and Regulations of the Town of Webster.
(b)
The subdivision
is well drained and is not subject to flooding or standing water.
(c)
All sanitary
sewers are in compliance with the specifications and sewer policy
of the Town of Webster.
(d)
The grade
level at the front building line is 1/4 inch per foot above the center
of the road, or (when applicable) grade level requirements have been
waived by the Planning Board due to the topography within the subdivision.
(e)
The area
occupied by the right-of-way for public roads or streets is _______
square feet.
(f)
All right-of-way
indicated on this map shall be considered temporary easements to the
Town of Webster. The easement shall be for the purpose of ingress
and egress, and maintenance of utilities, and the Town may also assign
the easement for the purpose of extending roads or utilities.
[Amended 5-7-2004 by L.L. No. 1-2004]
The Board may take any one of the following
actions on an application for preliminary or final subdivision plat
review:
A.
Preliminary approval:
Application is given preliminary site plan approval as presented.
B.
Preliminary approval
with modifications: Application is given preliminary site plan approval
subject to certain modifications being made in the plan that will
be shown on the final site plan.
C.
Disapproval:
Application for site plan approval is denied based upon reasons stated
in the decision.
D.
Disapproval without
prejudice: Application for site plan approval is denied based upon
reasons stated in the decision. However, the Planning Board may reconsider
the application if substantial changes are made in the site plan design
or overall project concept. A new application fee for the Planning
Board is required, and the additional public hearing is required if
and when the new plans are submitted.
E.
Final approval:
Application is given final site plan approval as presented.
F.
Final approval
with modifications or conditions: Application is given final site
plan approval subject to certain modifications or conditions contained
in the decision or resolution of approval to be signed by the applicant.
G.
Reserve decision.
H.
Tabled: Preliminary
site plan hearing is postponed pending receipt of additional information,
appearance of applicant or a representative, or for other reasons
as determined by the Planning Board.
[Amended 7-17-2003; 8-5-2004 by L.L. No. 2-2004]
A.
The arrangement
of streets in the subdivision shall provide for the continuation of
the principal or secondary streets in the adjoining subdivisions or
for their proper projection when adjoining land is not subdivided
and shall be of a width at least as great as that of the existing
street to be connected.
B.
A street right-of-way
width shall be a minimum of 60 feet and streets shall be so laid out
that high-speed through traffic will be discouraged.
C.
Irregular jogs
in streets with center-line offsets of less than 125 feet shall not
be permitted.
D.
Street intersections
of less than 90° shall be discouraged, and intersections of less
than 60° shall not be permitted.
E.
Dead-end streets
or culs-de-sac shall have a turnaround with a minimum radius of 60
feet for the outside curve at the closed end.
F.
Distances between
intersecting streets shall be greater than 300 feet. Every street
shall be designed so as to permit adequate access to the subdivision
by emergency vehicles.
G.
A pedestrian
right-of-way shall be provided not less that 10 feet in width near
and through the center of every block over 800 feet in length, if
such right-of-way is needed to provide ingress to and egress from
a public or municipal building or activity.
H.
Sanitary sewers
shall be laid out in conformance with the sewer policy of the Town
of Webster existing at the time the subdivision is reviewed by the
Planning Board. All sanitary sewers shall be constructed in conformance
with Town specifications.
I.
Storm sewers
shall be provided for the adequate drainage of the subdivision as
required by the Planning Board and shall be constructed in accordance
with specifications approved by the Department of Public Works for
the Town of Webster.
K.
Grade level at
the front of the building line shall be 1/4 inch per foot above the
center of the road unless otherwise permitted by the Planning Board
because of unusual topography.
L.
Lands subject
to flooding shall not be platted for residential occupancy or for
such other use as may increase danger to life or property or aggravate
the flood hazard, but such land may be used for such purposes as shall
not be endangered by periodic or occasional inundation or increase
the danger of flood.
M.
(Reserved)
N.
Street lines
within a block deflecting from each other at any one point more than
10 degrees shall be connected with a curve, the radius of which for
the interstreet lines shall be a minimum of 250 feet. The outer street
line in each case shall be parallel to the interstreet line.
O.
The Planning
Board may require recreation, park or open areas in any subdivision
plat where it deems it necessary to ensure adequate recreational and
open area within the proposed subdivision, or, in lieu thereof, payment
of a parks and recreation fee.
P.
Street names
shall not be similar to existing streets, and all proposed street
names shall be checked with the County of Monroe for approval.
Q.
The subdivider
shall be required to attend the regular meeting of the Planning Board
at which the application for sketch plan review, preliminary review
and final approval is made and any subsequent meetings deemed necessary
by the Chairman of the Planning Board.
R.
The initial layout
provided by the subdivider shall include a map showing all contiguous
lands owned or under option by the subdivider.
S.
The Planning
Board reserves the right to refuse subdivision of any lands which,
because of the size, shape, topography or location, according to good
planning standards, are not suitable for subdivision development.
T.
Modifications
from the general requirements above outlined may be granted by the
Planning Board in its discretion.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Reasonable costs incurred by the Town Planning
Board for consultation fees or other extraordinary expenses in connection
with the review of a proposed subdivision plat, that are over and
above the basic application fee, shall be charged to the applicant
at a rate as established by the Town Board.
Whenever the particular circumstances of a proposed
development require compliance with environmental protection permits
or procedures as found in this Subdivision of Land Ordinance, or requirements
of the Town's land subdivision regulations or SEQR regulations, then
the Town Planning Board and Town Department of Public Works shall
attempt to integrate, where possible, subdivision plat review as required
by this section with the procedural and submission requirements for
such other compliance.
It shall be the responsibility of the subdivider
to determine whether or not the proposed subdivision is situated within
a sewer, lighting, park, water, drainage or other special improvement
district. If an improvement or improvements shall be required for
which a district has not been established, the subdivider shall, prior
to application for final approval, submit a petition to establish
the improvement district(s) in accordance with New York State Town
Law, Article 12.
[Amended 5-7-2004 by L.L. No. 1-2004]
After a determination has been made that an
easement or easements will be required, either for the purpose of
ingress to or egress from the subdivision or as a concomitant of any
of the improvement districts to be formed therein, the subdivider,
or property owner if different from the subdivider, shall submit to
the Town Attorney for the Planning Board the proposed easement and
a legal description of the property with in said easement.
[Amended 11-2-1995]
A.
Legislative authority.
The Town Board of the Town of Webster enacts this section of the Code
of the Town of Webster 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 use of land, to facilitate the adequate
and economical provision of streets and utilities, to preserve the
natural and scenic qualities of open space and to protect local ecology,
major stands of trees, steep slopes, geological features and other
areas of environmental value.
C.
Modifications authorized. The Planning Board of the Town of Webster is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law and Chapter 296 of the Code of the Town of Webster, to modify applicable provisions of Chapter 350, Zoning, of the Code of the Town of Webster.
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. However,
prior to determining the number of dwelling units or building lots,
the parcel to be developed shall be adjusted as follows:
[Amended 11-18-2004]
(a)
Lands
used by public structures or rights-of-way may not be considered as
part of the total gross area.
(b)
Water
bodies, all areas within the one-hundred-year flood boundary as indicated
on the Flood Insurance Maps (FIRMs) issued by the Federal Emergency
Management Agency (FEMA) and state and federal wetlands shall be subtracted
from the total gross area.
(c)
Where
up to 25% of the total gross area of the parcel to be developed consists
of land with slopes equal to or greater than 15%, 1/2 of the total
of such land shall be subtracted from the total gross area. Where
more than 25% of the total parcel to be developed consists of land
with slopes equal to or greater than 15%, 1/2 of 25% of the total
gross area, together with the amount of land with slopes equal to
or greater than 15% in excess of the initial 25% of the total gross
area shall be subtracted to determine the adjusted gross area.
(e)
Wetland
buffers can be included in the density calculation for the development,
but shall be excluded from any potential development themselves.
(2)
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 of Chapter 350, Zoning, of the Code of the Town of Webster.
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 at least five building lots according to the standards
of this chapter, and which can be classified as subdivisions under
this chapter.
(2)
An owner
of property within any residential zoning district may make application
under this section at sketch plan application, provided that the site
meets the minimum requirements defined above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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:
F.
Procedures.
(1)
These procedures
may be followed at the discretion of the Planning Board, if, in said
Board's judgment, the application of these procedures would benefit
the Town.
(2)
The applicant under this section shall present two preliminary plats or two sketch plans at the time of application, under §§ 296-14 or 296-15 of the Town Code of Webster. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within this chapter. The other shall be a layout outlining development of the parcel in the form of a cluster development.
(3)
Upon submission of an application under this section, the applicant shall present all information required in § 296-16 of the Code of the Town of Webster, New York, 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 required front and rear setbacks
and lot size.
(2)
The minimum
distance between structures on separate lots which make up a cluster
development shall be 15 feet with no less than five feet of that distance
being on each of the lots.
(3)
The minimum
lot widths for lots in a cluster development for each district shall
be as follows:
|
District
|
Minimum Lot Width
(feet)
|
|---|---|
|
R-1
|
95
|
|
R-2
|
75
|
|
R-3
|
75
|
|
BLE)
|
(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
law and other Town legislation.
(5)
The overall
development shall be oriented in such a way as to maximize the preservation
of environmental, cultural or recreational resource(s) present at
the site.
(6)
The area
dedicated for open space purposes, including playgrounds and parks,
shall be in an amount, location, quality and 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-ways 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 the Town zoning district where the development is proposed
and located. The provisions of this section shall not be deemed to
authorize a change in the permissible use of such lands as provided
in the Zoning Ordinance applicable to such lands.
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 should
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,
as well as reasonable access to it, should be a part of the open space.
J.
Action by the
Planning Board.
(1)
The Planning
Board, prior to acting on an application for preliminary plat review,
within the time limits established in this chapter, shall refer all
relevant information of the application for review and comment to
the Town Engineer, and any other bodies, at its discretion. All and
any comments on the application received within the time limits established
in this chapter shall be reviewed and considered prior to Planning
Board action on the application.
(2)
The Planning
Board shall 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 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 at least 60% of one or 60% of any combination
of the following attributes present on the site:
(3)
In the event
that the criteria listed above is 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 protect 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
home buyers).
[Amended 7-17-2003]
K.
Reservation of
open space lands.
(1)
As a condition
of final plat approval of a cluster development, a perpetual conservation
easement 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 law
and the Town Subdivision of Land regulations.
(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. It shall
indicate the book and page number of any conservation easements or
deed restrictions required to be filed to implement such reservation
of open space.
L.
Patio homes.
[Added 12-20-2001 by L.L. No. 7-2001]
(1)
It is desirable
to allow patio home development within the Town of Webster to preserve
open space and provide housing to accommodate senior citizens and
small households.
(2)
"Patio home"
defined: a freestanding single-family home with an attached two-car
garage, managed by a homeowners' association, and which home is subject
to the dimensions set forth below in this subsection.
(3)
PATIO HOME
PROJECT -- A parcel of at least 20 contiguous acres devoted exclusively
to patio homes, which shall be allowed in all residential districts
except LL Large-Lot Single-Family Residential.
[Added 7-18-2002 by L.L. No. 2-2002]
(4)
Dimensions
of patio homes projects under this section:
[Amended 7-18-2002 by L.L. No. 2-2002]
(a)
Minimum
acreage for any such project: 20 acres.
(b)
Minimum
square footage for each home: 1,500 for single-story homes, and 1,700
for one-and-one-half- and two-story homes.
(c)
Minimum
side setback: five feet.
(d)
Minimum
front and rear setbacks: 30 feet.
(e)
Minimum
distance between homes: 15 feet.
(f)
Minimum
lot size: 9,000 square feet.
(g)
Minimum
lot width: 60 feet.
(h)
Minimum
front setbacks from the center line of a private road: 45 feet.
(5)
One-half
or 50% of every such project shall be dedicated to, or remain, open
space, exclusive of all easements, restrictions, dedicated and/or
private roads, licenses, reservations and rights-of-way.
[Amended 7-18-2002 by L.L. No. 2-2002]
[Amended 5-7-2004 by L.L. No. 1-2004]
A.
If final approval of a subdivision plat has expired pursuant to § 296-19B, and if the applicant desires to proceed with the project, the applicant shall be required to reapply for preliminary and final approval.
B.
An application
may be made to the Planning Board for an extension of final approval
prior to the expiration of such final approval with sufficient time
to allow the required publication and notice and public hearing prior
to the expiration of said final approval. Such public hearing shall
be held to consider whether such extension shall be granted. The Planning
Board may require additional conditions or modifications to said final
approval.
[Added 10-18-2001 by L.L. No. 6-2001]
An application which has received final site
plan approval within one year of the enactment of any change to the
Webster Town Code will have one year to commence meaningful construction,
as determined by the Planning Board, from the date of that final site
plan approval. If final approval of any phase is received before adoption
of the new legislation, and meaningful construction has occurred within
one year after final approval has been granted, then the original
code section will apply to the application.
