Whenever any subdivision of land is proposed,
before the sale of any part of any subdivision of land, before any
permit for the erection of a permanent building or alteration of any
existing building in such proposed subdivision shall be granted and
before any subdivision plat may be filed in the office of the Monroe
County Clerk, the subdivider or his authorized agent shall apply for
and secure approval of such proposed subdivision in accordance with
the following procedure.
A.
Whenever a proposed subdivision involves the layout
of a new street or the extension of an existing one, or a clustered
development utilizing provisions of § 278 of Town Law, the
subdivider shall prepare and submit to the Planning Board at least
30 days before the official meeting date 14 copies of a concept layout
of the proposed subdivision. For other proposed subdivisions this
step is optional. 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.
B.
A concept layout shall comply with the requirements set forth in § 182-24 of this chapter. Before preparing a concept layout the subdivider may discuss with the Planning Board, Town Supervisor or any other Town boards, commissions, departments and officials and/or the Town Engineer the general requirements as to design of streets, reservations and restrictions of land, environmental considerations, drainage, sewerage, water supply, fire protection and other improvements, as well as procedure matters. The subdivider 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 concept 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. However, the subdivider 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.
C.
The Planning Board shall study the concept layout
of a proposed subdivision in relation to existing or potential development
of the adjacent area, the Town and County Comprehensive Plans and,
in the course of its review, may consult with other interested public
agencies. The Planning Board may also refer a copy of the concept
layout to the Town Engineer and/or Conservation Board for review and
report.
D.
Not later than 62 days following the submission of
the complete concept layout, the Planning Board shall discuss the
proposal at a public meeting and prepare recommendations 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. Within 62 days of the public meeting, the Board shall forward
its comments to the applicant.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
A.
A preliminary layout shall be prepared and submitted to the Planning
Board for all proposed subdivisions. The preliminary layout shall:
(1)
Be clearly marked "preliminary plat" and satisfy the requirements for preliminary layouts as described in § 182-25. The subdivider is urged to consult with the Director of Building and Codes regarding the completeness of the application before submission to the Planning Board.
(2)
Comply with the recommendations made by the Planning Board in its
report on the concept layout, if any.
B.
Sixteen copies of the preliminary layout and supplementary material
specified shall be submitted to the Planning Board at least 30 days
prior to the meeting at which it is to be considered. The subdivider
is urged to consult with the Director of Building and Codes regarding
the completeness of the application before submission to the Planning
Board.
C.
Evaluation criteria; donation of land to Town.
(1)
The Planning Board shall study the preliminary layout in connection with the evaluation criteria described in § 182-15.
(2)
Whenever a developer or owner proposes a conveyance or donation of
land to the Town which is recommended on the Town Comprehensive Plan
or any other special development plan of the Town, the Planning Board
shall inform the Town Board so that it may consider the specific site
for the intended use. The Planning Board may then require the subdivider
to meet with the Town Board for the purpose of reaching a mutually
satisfactory agreement so as to facilitate the eventual conversion
of the site to the contemplated public use with a minimum of expense
on the part of the public and with due regard for the rights of the
developer.
D.
Pursuant to Article VII of the Monroe County Charter, or such other sections or articles as may be applicable, seven copies of said plan shall be referred to the County Planning Department for review and report from county review agencies.
E.
Certain aspects of subdivision design and development must be reviewed
by county or state agencies. Since evidence of such review must accompany
applications to the Planning Board for final approval of subdivision
plats, the subdividers are advised to consult with such agencies in
appropriate cases, at the preliminary stage, if they have not previously
done so at the concept layout stage, in order to resolve as many questions
as possible prior to the preparation of the subdivision plat.
F.
Within 62 days of the receipt of the complete preliminary layout by the Secretary of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing and the property posted in accord with § 208-60E. In the event that the subject property is within 500 feet of the boundary of any city, village, town, county or state park, written notice of the proposed subdivision of the property shall be given such municipality at least five days prior to the date of such public hearing. The written notice shall include the information provided in the publication notice plus a copy of the submitted subdivision map, all of which shall be directed to the regional State Park Commission having jurisdiction over such state park or, in the case of a municipality, to the Clerk of such municipality. Such municipality shall have the right to appear and to be heard at such public hearing with respect to the proposed subdivision but shall not have the right of review by a court.
NOTE: There is no requirement that the Planning Board act on
the subdivision at the time of the public hearing. Since each proposal
will have a unique effect on its area, residents and owners of nearby
properties may suggest modifications that will improve a layout. This
is the reason for holding the public hearing, but the final decision
in each case is the responsibility of the Planning Board. In those
cases where new evidence is obtained at the hearing, the Board may
wish to take time for a thorough consideration of all facts. In practice,
however, if the preliminary layout procedure has been carefully followed,
there will be no need for an extended consideration of the proposal
after the hearing.
G.
Within 62 days after the public hearing for which a preliminary layout
has been submitted, the Planning Board shall approve with or without
modification or disapprove such preliminary layout, and the grounds
of disapproval or modification shall be stated upon the records of
the Planning Board. A copy of the decision of the Planning Board shall
constitute a sufficient report of the action taken. Such record may
include recommendations as to desirable revisions to be incorporated
in the final subdivision plat. If the preliminary layout is disapproved,
the Planning Board may recommend further study by the applicant of
the proposed subdivision and resubmission of the preliminary layout
to the Planning Board after it has been revised or redesigned.
H.
Notwithstanding the foregoing subsections of this section, the time
in which the Planning Board must take action on a preliminary layout
may be extended by mutual consent of the applicant and the Planning
Board.
I.
The granting of preliminary approval shall in no way prevent or restrict
the Planning Board or any other board or officer from requiring compliance
with applicable Town laws or amendments thereto.
J.
At the time of filing for preliminary approval, the applicant shall
pay to the Town Clerk a fee covering part of the cost of reviewing
the subdivision plat and publishing notices. The fee schedule shall
be set by a resolution of the Town Board, and a copy shall be kept
in the office of the Town Clerk. The fee shall be credited to the
Planning Board Part Town Fund.
K.
If the applicant wishes to develop the project in phases, such phases
must be shown on the preliminary plan. Each phase must encompass 10%
or more of the total number of lots within the subdivision.
[Amended 12-10-1997 by L.L. No. 6-1997; 2-24-2010 by L.L. No.
1-2010; 12-18-2019 by L.L. No. 2-2020]
After receiving approval from the Planning Board on a preliminary
layout, the subdivider may prepare his 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 approval
of the preliminary layout and submission of the subdivision plat,
and if the Planning Board finds that conditions have changed significantly
in the interim, the Planning Board may require a resubmission of the
preliminary layout for further review and possible revision prior
to accepting the proposed subdivision plat for review. The Planning
Board will be guided in its consideration of the subdivision plat
by the following procedures and requirements.
A.
The subdivision plat shall conform substantially to the preliminary
layout 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 layout stage, and all such
compliances shall be clearly indicated by the subdivider on the appropriate
submission. If the subdivider wishes to develop the subdivision in
phases, he may prepare and submit a subdivision plat for a portion
of the area encompassed by the preliminary layout, provided that the
proposed development phases were indicated on the preliminary layout
reviewed by the Planning Board and encompass 10% or greater of the
lots in the overall development.
B.
Filing of application; public spaces and easements.
(1)
Application to the Planning Board for approval of the subdivision plat shall be filed with the Planning Board at least 30 days prior to the meeting at which it is to be considered. Fourteen copies of the proposed subdivision plat and other exhibits required for approval, as specified in § 182-26, shall be submitted with the application for approval.
(2)
When submitting a subdivision plat for final approval, the subdivider
shall also file with the Planning Board formal offers of dedication
to the Town or other appropriate public agency of all streets, parks
and playgrounds, and other permanent open spaces for community use
shown on the subdivision plat, except those that are specifically
marked on the subdivision plat as not to be dedicated to the public.
The subdivider shall also file all necessary easements to be granted
to the Town, including stormwater discharge, sewers and/or sidewalks,
petitions for creation of any needed special districts or any other
legal documents that may be requested by the Planning Board. Approval
of the plat does not constitute an acceptance by the Town of the dedication
of any facilities.
C.
If the application for final approval of the plat is complete and satisfactory, the Planning Board shall schedule a public hearing to be held within 62 days from the time of submission of the complete application; unless, however, the Planning Board deems the final plat to be in substantial agreement with the preliminary plat previously submitted and approved, in which case the public hearing may be waived. The hearing, if required, shall be advertised in a newspaper of general circulation in the Town at least five days before its scheduled date, and the property posted in accord with § 208-60E.
NOTE: There is no requirement that the Planning Board act on
the subdivision at the time of the public hearing. Since each proposal
will have a unique effect on its area, residents and owners of nearby
properties may suggest modifications that will improve a layout. This
is the reason for holding the public hearing, but the final decision
in each case is the responsibility of the Planning Board. In those
cases where new evidence is obtained at the hearing, the Board may
wish to take time for a thorough consideration of all the facts. In
practice, however, if the final layout procedure has been carefully
followed, and the conditions of preliminary approval implemented,
there will be no need for an extended consideration of the proposal
after the hearing.
D.
Within 62 days after the time of the hearing or, if no hearing, then from time of submission of the plat, the Planning Board shall review the application in accord with the evaluation criteria of § 182-15 and by resolution conditionally approve, with or without modification, disapprove or grant final approval of the subdivision plat. In reviewing a subdivision plat the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the subdivision plat. The action of the Planning Board shall be recorded in the Board's minutes, and the subdivider shall be notified of such action through transmittal of the decision of the Board.
E.
The subdivider shall post with the Town a financial guarantee sufficient
to cover the full cost of the improvements as estimated by the Town
Engineer. Such guarantee shall be subject to approval by 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
such guarantee and compliance with all other requirements, the Town
Clerk shall sign and seal the subdivision plat as evidence that it
has been approved by the Planning Board. The financial guarantee shall
be prepared and administered in accord with the Design Criteria and
Construction Specifications and shall ensure the following:
(1)
Within one year of filing the subdivision plat, installation of all
improvements shown thereon in accordance with the standards and specifications
of the Town of Perinton, unless such time limit is extended by the
Planning Board upon written application made not less than 30 days
prior to the expiration of said period.
(2)
The payment of costs of all engineering, legal or inspection services
required by the Town of Perinton in connection therewith as approved
by the Town Supervisor within 30 days of receipt.
(3)
Upon completion of the installation of improvements, the conveyance
of all utilities to the Town of Perinton or to the appropriate improvement
district without charge or expense, and delivery to the Town of Perinton
of a maintenance fund with sufficient security in an amount to be
set by the Commissioner of Public Works, guaranteeing for a period
of two years from such conveyance, the Town of Perinton or the appropriate
district against any defects in material or workmanship or malfunctioning
of the component parts of such improvements.
F.
Upon completion of the subdivision improvements, or filing of financial
guarantee, signatures of approval shall be obtained from the following
persons/agencies in a format to be determined by the Planning Board:
the Town Engineer, Commissioner of Public Works. Town Clerk, Town
Attorney, Planning Board Chairperson or designee, Fire Chief and county
departments with jurisdictional authority.
G.
Pursuant to § 276 of the Town Law, the final approval of
a subdivision plat by the Planning Board shall expire 62 days from
the date of such approval unless within such period the record sheet
of the subdivision plat has been filed in the office of the Monroe
County Clerk.
H.
No building permit for any permanent building within the subdivision
shall be issued by the Director of Building and Codes until after
the record sheet of the subdivision plat has been approved by the
Planning Board and has been filed in the office of the Monroe County
Clerk and liber and page numbers have been assigned by the County
Clerk. Where a permit is desired for the construction of a building
in the subdivision prior to the completion of all of the improvements
shown on the approved construction sheet of the subdivision plat,
in addition to other requirements of the Commissioner of Public Works,
the street serving the building shall be completed to a degree satisfactory
to the Commissioner of Public Works. In general, the degree of said
street improvement shall be adequate for vehicular access by ambulance,
police and fire equipment prior to the issuance of a building permit.
Where such permit has been issued, the street shall be maintained
in suitable condition by the applicant at their expense and liability
until such time as it is accepted by the Town.
Approval of a preliminary plat shall not be
given by the Planning Board unless there is reasonable evidence that
the plans do or will:
B.
Be so laid out and lots be of such size as to be in
harmony with the development pattern of neighboring properties.
D.
Provide adequately for vehicles and pedestrians.
E.
Provide adequately for the disposal and/or treatment
of stormwater and sanitary wastes.
F.
Consider the Conservation Board's Natural Resource
Inventory.
G.
Conform with the development standards and guidelines
of the zoning district in which it is located.
H.
If within or adjacent to an agricultural district,
not appreciably interfere with the conduct of agriculture.
I.
Minimize or avoid adverse environmental affects to
the maximum extent practicable.
J.
Incorporate mitigation measures identified in the
SEQR process.
