Whenever any subdivision of land is proposed,
before any contract for the sale of any part thereof, and before any
permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner, or his authorized agent,
shall apply for and secure approval of such proposed subdivision in
accordance with the procedures set forth in this article. For the
purpose of this article, the term "subdivision" shall include one-lot
subdivisions unless otherwise noted.
A.
Developers may contact the Town Clerk and Building
Department for "information and direction" relating to subdivisions,
building, sanitary and storm sewer installations, application for
hearings, and related fees.
B.
Where utilities are to be connected into the facilities
of other agencies such as water transmission mains or trunk sewers
under the jurisdiction of others, the developer and his engineer shall
be responsible for contacting such agencies directly to determine
such regulations as may be in effect and to determine the capacity
of these facilities to handle the loadings to be imposed upon them
by the new development.
C.
The subdivider may also consult with the Planning
Board regarding the project. The purpose of this consultation is to
provide the subdivider with an indication of the Planning Board's
feelings regarding a project before the subdivider commits funds for
design and engineering. Should the subdivider wish to avail himself
of this opportunity, the procedure shall be as follows:
(1)
The subdivider shall notify the Clerk of the Planning
Board at least seven days prior to the next meeting that he wishes
to have his project placed on the agenda.
(2)
The subdivider will be placed on the next meeting's
agenda and will be heard after all applications, both new and tabled,
are considered.
(3)
No formal vote will be taken on the proposed project.
Should a majority of the members indicate that they are favorably
inclined towards the project, the subdivider shall not take this as
an indication that either final or preliminary approval will ultimately
be given, as this can only happen when all of the information required
for preliminary or final approval is provided.
A.
When filing an application for approval of a subdivision, the subdivider shall prepare a sketch plan of the proposed subdivision in accordance with the specifications of Article V of these regulations.
[Amended 9-7-2010 by L.L. No. 1-2010]
B.
Submission. Ten copies of the sketch plan shall be submitted to the
Clerk of the Planning Board at least seven days prior to the next
regular meeting of the Planning Board. The sketch plan shall be accompanied
by the appropriate application fee.
[Amended 9-7-2010 by L.L. No. 1-2010]
C.
Meeting with Planning Board. The subdivider or his
representative shall attend the Planning Board meeting and be prepared
to discuss the requirements of the subdivision concerning street improvements,
drainage, sewage disposal, water supply, fire protection and other
pertinent aspects.
D.
Referrals. The Planning Board shall refer the sketch
plan to the Conservation Board and, at its discretion, may refer the
sketch plan to the Town Engineer, Code Enforcement Officer, Superintendent
of Highways, Monroe County Planning Department or any other appropriate
agency for review and comment. The subdivider shall be responsible
for distribution of materials to the various reviewers as directed
by the Planning Board or its representative.
E.
Applicant to be informed of Planning Board review. Within 45 days of the meeting described in Subsection C above, the Planning Board shall inform the applicant of its comments and recommendations regarding the sketch plan. Under no circumstances shall the applicant construe a favorable indication as meaning that preliminary or final approval will be granted.
A.
Within six months of the conceptual review, the subdivider shall file an application for the approval of a preliminary plat. The preliminary plat shall be prepared in accordance with the specifications of Article V of these regulations. For one-lot subdivisions, the preliminary plat data shall be prepared in accordance with Article V, § 130-17.
[Amended 9-7-2010 by L.L. No. 1-2010]
B.
Submission. Ten copies of the preliminary plat shall be submitted
to the Clerk of the Planning Board together with a completed application
form and appropriate application fee. 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.
[Amended 4-18-2000 by L.L. No. 1-2000; 9-7-2010 by L.L. No. 1-2010]
C.
Date officially submitted. The time of submission
of the preliminary plat shall be considered to be the date on which
the application, complete and accompanied by the required fee and
all data required by this chapter, has been filed with the Clerk of
the Planning Board.
D.
Referrals and reviews. At the time of application
the subdivider shall submit copies of the preliminary plat and other
materials to the following agencies and reviewers. The failure of
the subdivider to distribute these materials in a timely manner shall
constitute an incomplete application.
(1)
The subdivider shall send two copies of the preliminary
plan and other materials as may be required to the Town Engineer.
In no event shall this submittal be less than two weeks before the
Planning Board review of the preliminary plat or public hearing.
(2)
If county review is required pursuant to § 239-n
of the Town Law, or as directed by the Planning Board, the subdivider
shall send the appropriate number of copies to the Monroe County Planning
Department.
[Amended 4-18-2000 by L.L. No. 1-2000]
(3)
Any other reviews and referrals as may be required
by the Planning Board.
E.
Upon submission in proper form, the Clerk of the Planning
Board shall:
(1)
Schedule a public hearing in accordance with § 276,
Subdivision 5, of the Town Law.
[Amended 4-18-2000 by L.L. No. 1-2000]
(3)
Send one copy of the preliminary plat to the Superintendent
of Highways for review and comment as appropriate or as directed by
the Planning Board.
(4)
Send one copy of the preliminary plat to the Code
Enforcement Officer for review and comment as appropriate or as directed
by the Planning Board.
F.
Conservation Board Review. Upon receipt of the preliminary
plat and other required materials, the Conservation Board shall place
the subdivision on the agenda of its next meeting. The Conservation
Board may require the subdivider to attend this meeting and answer
questions regarding the subdivision. Upon completion of its review,
the Conservation Board shall notify the Planning Board of its recommendations
regarding the project. In order to be considered by the Planning Board,
the report from the Conservation Board shall be received within 30
days of the receipt of the application by the Conservation Board.
G.
Public hearing. A public hearing shall be held and
notice of the hearing shall be given in accordance with § 276,
Subdivision 5, of the Town Law.
[Amended 4-18-2000 by L.L. No. 1-2000]
H.
Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Comprehensive Plan, Chapter 165, Zoning, and the Official Map, if such exists. The subdivider shall attend the Planning Board meetings as necessary to discuss the preliminary plat.
I.
Action by Planning Board. The Planning Board shall
follow the procedures of Town Law § 276 to approve, approve
with conditions or disapprove the final plat.
[Amended 4-18-2000 by L.L. No. 1-2000]
A.
Within six months of approval of the preliminary plat, the subdivider shall submit a plat and supporting information in final form in accordance with the provisions of Article V of this chapter, and in accordance with the requirements of the Town Design Criteria and Construction Specifications. For one-lot subdivisions, final plat data shall be in accordance with Article V, § 130-17, and as may be required by the Town Design Criteria and Construction Specifications.
[Amended 9-7-2010 by L.L. No. 1-2010]
B.
Submission. The original and eight copies of the final plat, an application
form and fee, copies of all offers of cession, covenants and easements,
and two prints of all construction drawings shall be submitted to
the Clerk of the Planning Board.
[Amended 9-7-2010 by L.L. No. 1-2010]
C.
Endorsement of state and county agencies. The final
plat shall contain all required endorsements and approvals from state
and county agencies, including the Monroe County Health Department,
before consideration will be given for final approval.
D.
Date officially submitted. The time of submission
of the final plat shall be considered to be the date on which the
application for final plat approval, complete and accompanied by the
required fee and all data required by this chapter, has been filed
with the Clerk of the Planning Board.
E.
Referrals and reviews. At the time of application
the subdivider shall submit copies of the final plat and other required
materials to the following agencies and reviewers. The failure of
the subdivider to distribute these materials in a timely manner shall
constitute an incomplete application.
(1)
The subdivider shall send two copies of the final
plat, two copies of the required construction drawings and any other
materials as may be required to the Town Engineer. In no event shall
this submittal be less than two weeks before the Planning Board review
of the final plat.
(2)
Any other reviews and referrals as may be required
by the Planning Board.
F.
Upon submission in proper form, the Clerk of the Planning
Board shall place the subdivision on the agenda of the next Planning
Board meeting.
G.
The Planning Board shall follow the procedures of
Town Law § 276 to approve, approve with conditions or disapprove
the final plat.
[Amended 4-18-2000 by L.L. No. 1-2000]
For a resubdivision, the same procedures, rules
and regulations apply as for a subdivision.
A.
The Planning Board is empowered to modify applicable provisions of Chapter 165, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, the application would benefit the town.
B.
The application of this procedure shall result in a permitted number of building plots or dwelling units which shall in no case 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 165, Zoning, and all other applicable town and state requirements, including floodplain and wetland regulations.
C.
In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the Planning Board, in
detached, semidetached or attached structures.
D.
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
the Planning Board as a condition of plat approval may establish such
conditions on the ownership, use and maintenance of such lands as
it deems necessary to assure the preservation of such lands for their
intended purposes. The Town Board may require that such condition
shall be approved by the Town Board before the plan may be approved
for filing.
E.
A subdivider or the Planning Board may request the use of § 278, in which case the subdivider shall present along with the proposal in accordance with the provisions of § 278, a conventional sketch plat which is consistent with all the criteria established by these regulations and Chapter 165, Zoning.
F.
Upon determination of the Planning Board that such
proposal is suitable for application under § 278, the applicant
may proceed with his application for subdivision review.
G.
Zoning requirements specifically relating to setbacks
and buffering shall apply to the land bordering neighboring parcels
of land.
H.
In order to be eligible for a § 278 application,
a minimum of 20% of the subject parcel should be preserved as open
space or other suitable form. This requirement may be waived depending
upon location and the significance of the land to be preserved.
I.
The Planning Board is empowered to require the utilization
of the provisions of § 278 of the Town Law in subdivision
approval applications. Such applications may be required when:
(1)
The subdivision consists of 40 or more acres.
(2)
The subdivision consists of 50 or more lots.
(3)
The subdivision is adjacent to previously preserved
open space.
(4)
The subdivision contains or is adjacent to significant
environmental features.
(5)
An open area is needed for a buffer zone.
(6)
A linear strip is needed to add to existing or future
trail systems.
(7)
As specified by the Town Comprehensive Plan.
J.
On the filing of a plat in the office of the County
Clerk in which § 278 has been used, the subdivider shall
file a copy with the Town Clerk who shall make appropriate notations
and reference thereto on the Official Zoning Map.
A.
Improvements and letter of credit. Prior to an action
by the Planning Board approving a final plat, the applicant shall
be required to complete, in accordance with the Planning Board's decision
and to the satisfaction of the appropriate town departments, all the
street, sanitary and other improvements specified in the action approving
said plat, or, as an alternative, to file with the Town Board a letter
of credit, in an amount estimated by the Town Engineer with the approval
of the Town Attorney, to secure to the town the satisfactory construction
and installation of the incomplete portion of the required improvements.
All procedures and requirements for letters of credit shall be in
accordance with the Town Design Criteria and Construction Specifications.
B.
Inspection of improvements. The town shall provide
suitable inspectors to act as agents of the Planning Board for the
purpose of assuring a satisfactory completion of improvements required
by the Planning Board. The applicant shall pay the costs of such inspection,
as determined by the Board, before the subdivision plat is signed
for filing if the subdivision plat is constructed prior to filing.
If the subdivision plat is authorized for filing prior to construction,
the letter of credit shall include anticipated costs of construction,
and the release of such funds not authorized until the inspection
costs are paid. If the Planning Board or its agents find, upon inspection,
that any of the required improvements have not been constructed in
accordance with approved construction detail sheets, the applicant
and the bonding company will be severally and jointly liable for the
costs of completing said improvements according to specifications.
C.
A district must be formed for sanitary sewers, storm
sewers and streetlighting. Water main districts are not necessary
if Monroe County Water Authority agrees to accept and maintain water
supply facilities.
D.
All maintenance bonds and warranty bonds shall be
established according to the Design Criteria and Construction specifications.
E.
F.
Offers of cession. No action shall be taken by the
Board except to disapprove a proposed subdivision or any application
for final approval of such subdivision unless there is submitted therewith
an offer of cession of all streets and parks and other recreation
areas and any other required easements or conveyances, such offer
to remain binding on the subdivider and owner of the premises, their
heirs and assigns until acceptance by the proper municipal authority
or until application for a resubdivision is approved. The offers of
cession shall receive approval of the Town Attorney before final approval
of the plat.
G.
Filing of approved plat.
(1)
Upon completion of the requirements of this article,
the subdivider may file the plat in the office of the Monroe County
Clerk. Any such plat not filed or recorded within 62 days of the date
upon which the plat is approved, or considered to be approved by failure
of the Planning Board to act, shall become null and void.
[Amended 4-18-2000 by L.L. No. 1-2000]
(2)
No changes, erasures, modifications or revisions shall
be made on any subdivision plat after approval has been given by the
Planning Board and endorsed in writing on the plat, unless the plat
is first resubmitted to the Planning Board for modification and the
Board approves such modification. In the event that any such subdivision
plat is recorded without complying with this requirement, the same
shall be considered null and void, and the Planning Board shall institute
proceedings to have the plat stricken from the records of the County
Clerk.
(3)
Prior to the actual filing of the approved plat containing
all signatures, the subdivider shall furnish the Clerk of the Planning
Board with three blue-line prints of the plat.
H.
Dedication procedure.
(1)
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or be evidence of any acceptance
by the town of any street, easement, right-of-way, park land or other
open space shown on the subdivision plat.
(2)
An offer of dedication of any street, highway or right-of-way,
or any park land, playground area, easement or conservation area,
or any utility or improvement thereof, by a subdivider shall be subject
to approval by the Town Board and as to form by the Attorney for the
town.
(3)
If a road or street intended for dedication is part
of a subdivision development, consideration for dedication of said
road or street or portion thereof will be made only and after the
following conditions have been met:
(a)
That the development as originally approved
by the Planning Board is substantially completed and at least 75%
of the homes or other planned structures are completed and occupied.
(b)
That the standards set forth in the Town Design
Criteria and Construction Specifications for all improvements have
been met and approved by the Town Engineer.
(c)
The town will require security for the entire
road or portion thereof or other improvements in the form of a letter
of credit and a maintenance bond in an amount and for a length of
time to be established by the Town Board and the Town Engineer.
(d)
That when a subdivision has received town approval
to be developed and constructed in phases, a road or street in a single
phase of the development that is substantially completed may be considered
for dedication at that time.
I.
Time of construction. Upon completion of the required
improvements, or upon posting of a letter of credit as provided in
these regulations, and after approval and filing of the final plat,
the subdivider may initiate land sales or construction of the subdivision.
J.
As-built drawings. Upon completion of the required
improvements, the initial plans shall be modified to reflect as-built
conditions, and the subdivider shall submit three blue-line prints
of such drawings to the Clerk of the Planning Board.
