A.
The Town Board of the Town of Perinton, in accordance
with §§ 276 and 277 of Article 16 of the Town Law of
the State of New York, and by resolution adopted on January 25, 1929,
has assigned to the Planning Board the responsibility and authority
to review and approve, modify and approve or disapprove plans for
land subdivision within the Town but outside of any incorporated village
which show lots, blocks or sites, with or without new streets or highways.
Pursuant to the above authority, as well as § 271 of Article
16 of the Town Law, the Planning Board has prepared and adopted these
Land Subdivision Regulations setting forth standards to be followed
in the preparation and review of preliminary layouts and subdivision
plats. By the same authority, the Planning Board has the power and
authority to pass and approve the development of plats already filed
in the office of the Clerk of Monroe County if such plats are entirely
or partially undeveloped.
B.
The Town Board has granted the Planning Board the
use of § 278 of the Town Law which allows the Planning Board
to accept the submission of alternate plans for the purpose of preserving
open space within any development. Within an R-T-1-2-5, an R-T-2-5
or a Residential-Sensitive Zoning District, the Planning Board may
mandate the use of § 278 of the Town Law.
A.
The following regulations, adopted by the Planning
Board of the Town of Perinton, provide guidance to all applicants
who seek approval of subdivision plats. The general purpose of establishing
subdivision regulations is to provide for the orderly growth and development
of the Town and to afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
the Town's present and future population and provide for flexibility
in design and preserve the natural and scenic qualities of open land.
B.
These regulations establish requirements for approval
of subdivision plats, including a description of maps and supporting
materials which the Planning Board requires to carry out its responsibilities
under these regulations. The review and approval procedures contained
herein are designed to safeguard the community. They assure that the
requirements and standards for land subdivision contained herein are
fulfilled and that the public health, safety and welfare are thereby
protected.
In order that land may be subdivided in accordance
with this purpose, these regulations are hereby adopted and shall
be known and may be cited as the "Subdivision Regulations of the Town
of Perinton."
Upon the approval of these regulations by the
Town Board, subdivisions within the Town of Perinton, but outside
the limits of any incorporated village, shall be designed and submitted
for approval in compliance with the standards and procedures set forth
herein.
Where these regulations impose greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, these regulations shall control. Where greater
restrictions are imposed by any law, ordinance, regulation or private
agreement than are imposed by these regulations, such greater restrictions
shall not be affected by these regulations.
It is declared to be the policy of the Planning
Board to consider land subdivisions as part of a plan for the orderly,
efficient and economical development of the Town and in a manner that
is reasonable and in the best interests of the community. The Planning
Board will be guided in its consideration of an application for the
subdivision of land by the following general requirements:
A.
Land must be buildable and free of hazard. The physical
characteristics of the land to be subdivided shall be such that it
can be used for building purposes without danger to health and safety
or peril from fire, flood, erosion or other menace. Proper provision
shall be made for stormwater drainage, water supply, sewage disposal,
ingress, egress and other needed improvements.
B.
Natural and historic features shall be reserved. Insofar
as possible, all existing features of the landscape, such as large
trees, rock outcrops, unusual glacial formations, water and flood
courses, wetlands, historic sites and other such irreplaceable and
environmentally sensitive areas and assets, should be preserved.
C.
Compliance with Comprehensive Plan and other laws.
(1)
Subdivisions shall be in conformance with the Town
Comprehensive Plan and all other local ordinances. Subdivisions shall
conform to the streets, parks and other public ways or spaces shown
on the Official Map of the Town, if any. Streets shall be of such
width, grade and location as to accommodate the prospective traffic,
to afford adequate light and air and to facilitate fire protection.
Park areas of suitable location, size and character for playground
or other recreational or open space purposes shall be shown on the
subdivision plat in proper cases and when required by the Planning
Board.
Whenever access to a subdivision can be had
only across land in another municipality, the Planning Board may request
assurance from the Perinton Town Attorney that access is legally established
and from the Perinton Town Engineer and the Department of Public Works
that the access road is adequately improved or that a performance
bond has been duly executed and is sufficient in amount to assure
the construction of the access road. In general, lot lines should
be laid out so as not to cross Town boundary lines.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
A map for a resubdivision, as defined in § 182-10, may be approved by the Commissioner of Public Works, Director of Building and Codes and the Planning Board Chairman.
