Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 8-18-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building and development — See Ch. 48.
Drainage — See Ch. 84.
Environmental quality review — See Ch. 103.
Flood damage prevention — See Ch. 125.
Landscaping for new subdivisions — See Ch. 261, § 261-11.
Sewers — See Ch. 219.
Water — See Ch. 285.
Zoning — See Ch. 295.
By a resolution of the Town Board on the first day of April 1953, pursuant to the provisions of § 276 of the Town Law, the Planning Board of the Town of Henrietta has power and authority to approve plats for subdivisions within the Town of Henrietta. The Planning Board prescribes the following regulations as a basis for such approval governing subdivisions.
A. 
In this chapter, when not inconsistent with the context:
(1) 
Words in the present tense include the future tense.
(2) 
The singular includes the plural, and the plural includes the singular.
(3) 
The male gender includes the female gender.
(4) 
The verb "shall" is mandatory.
(5) 
The verb "may" is permissive.
B. 
For the purpose of this chapter, certain words and terms used herein are defined as follows:
ACCESS ROAD
A right-of-way not publicly dedicated which provides access to one or more building sites. The maintenance shall be the responsibility of the owner.
BOARD
The Planning Board of the Town of Henrietta.
CONDITIONAL APPROVAL OF A FINAL PLAT
The approval of such plat subject to the stipulations set forth in the resolution. With such approval, a final plat is not qualified for recording in the office of the Monroe County Clerk prior to the signing of the plat by the duly authorized officer of the Board, nor may the issuance of building permits be authorized until evidence of filing is provided.
EASEMENT
Authorization by the property owner for the use by another party of any designated part of the property for a specified purpose.
FINAL PLAT
A drawing, in final form, prepared in accordance with these regulations, containing all information and detail required by law and incorporating any stipulations of the Board.
LETTER OF CREDIT
An instrument issued by a bank authorizing the Town to make drafts up to a specified amount upon the issuer.
LOT, PARCEL, PLOT or SITE
Land identified by a legal description and/or tax account number which is filed or proposed to be filed in the County Clerk's office or a parcel that is designated by lease lines.
PREAPPLICATION CONFERENCE, SKETCH PLAN
An informal meeting between the Board and a subdivider to reach general agreement as to the form of the proposed layout of the subdivision prior to engaging professional engineering services. No formal vote will be taken on the proposed project. If, however, a majority of the members of the Board indicate that they are favorably inclined towards the project, the subdivider shall not take this as an indication that either preliminary or final approval will ultimately be given.
PRELIMINARY PLAT
A drawing, dated and clearly marked "preliminary plat," showing the layout of a proposed subdivision prepared according to these regulations and the design criteria of the Town of Henrietta.
RESUBDIVISION
A change in a map of an approved or filed subdivision plan if such change affects any street layout or area reserved for public use or any change of lot line. If the proposed resubdivision consists solely of the simple alteration of lot lines, then normal subdivision procedures may be waived at the discretion of the Board.
STREET
A way, formally dedicated to public use, from which the principal means of access to abutting property is obtained.
(1) 
A street collecting traffic from other streets and/or serving as the most direct route to a major street, including the principal entrance to a subdivision.
(2) 
A way designed as a primary or secondary thoroughfare on any official major street plan of the Town of Henrietta.
(3) 
A primary or secondary thoroughfare serving as a direct route to adjacent streets.
SUBDIVIDER
Any person, firm, corporation, partnership or association who or which proposes to subdivide the land.
SUBDIVISION
The division of any parcel of land situate within the Town of Henrietta into three or more parcels, lots or sites, with or without streets or highways, described by metes and bounds or by reference to a map with numbered lots or survey of the property or by any other methods of description for the purpose of sale, lease, license or any other reason. The term includes resubdivision and shall relate to the process of subdividing or to the land subdivided.
A. 
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made by lot numbers and before any permit for the erection of a structure shall be granted, the subdivider or owner thereof or agent shall apply in writing to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications in §§ 245-4, 245-5 and 245-6 of these regulations. Due to the detailed nature of the information required for the consideration of a preliminary plat, a preapplication conference procedure is available to the subdivider where he is given opportunity to discuss his project with the Board in order to determine its requirements before engaging technical help. (This is a practical necessity where the project is a large one or where the developer is unfamiliar with such regulations.)
B. 
The preliminary plat, topographic map, street profiles and formal subdivision plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of §§ 276, 277 and 278 of the Town Law of the State of New York and these regulations except where variation may be specifically authorized by the Board.
C. 
A number of copies, as required by the Secretary of the Board, of the preliminary plat, as described in § 245-5, designated as such at the scale of not more than 100 feet to the inch, topographic map at the same scale and proposed street profiles at appropriate scales shall be filed with the Board. The Board shall then study the preliminary layout and proposed street profiles in connection with the topography of the area, the existing requirements of Chapter 295, Zoning, if any, the Comprehensive Land Use Plan, Chapter 125, Flood Damage Prevention, Chapter 103, Environmental Quality Review, and the Official Map, if any, and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in § 277 of the Town Law as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for the type of development permitted within the zoning district as well as the impact on adjoining lands.
[Amended 6-20-2001 by L.L. No. 3-2001]
D. 
The Planning Board shall follow the procedures of Town Law § 276, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plat.
[Amended 6-20-2001 by L.L. No. 3-2001]
E. 
Within six months of the approval of the preliminary plat, the applicant must submit the plat in final form. If such plat is not so submitted, approval of the preliminary plat may be revoked by the Board. The final plat drawings shall be submitted on tracing cloth sheets at scales as required by the Board and the Director of Engineering and Planning. If the subdivision cannot be shown on one sheet, an additional drawing shall be submitted at an appropriate scale showing the entire subdivision.
(1) 
The Planning Board shall follow the procedures of Town Law § 276, Subdivision 6, to approve, approve with conditions or disapprove the final plat.
[Amended 6-20-2001 by L.L. No. 3-2001]
(2) 
The approval time may be extended by mutual consent of the applicant and the Board. In the event that the Board does not take action within the time limits mentioned above, the plat shall be deemed approved. Prior to granting conditional or final approval of a plat, the Board may permit the plat to be subdivided into two or more sections and may state such requirements as it deems necessary to ensure that the orderly development of the plat is completed before such sections may be signed by the duly authorized Board officer. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall be granted concurrently with conditional or final approval of the plat. Such approval shall, however, not be deemed final until the subdivider has complied with the following subsection.
F. 
The subdivider will be required to complete, in accordance with the Board's decision, to the satisfaction of the Director of Engineering and Planning, all the improvements specified in § 277 of the Town Law and not specifically waived by the Board or, alternately, to file with the Town Board a letter of credit or other security complying with such § 277 of the Town Law satisfactory to the Town Board as to form, sufficiency and manner of execution and surety for the completion of such improvements as are not constructed and approved by the Director of Engineering and Planning prior to the approval of the plat. The Board will require a certificate from the Director of Engineering and Planning or other duly designated official as to the satisfactory character of improvements completed and from the Town Attorney or other designated legal advisor as to the adequacy of the security which may be proffered. The subdivider will be required to tend offers of cession in a form certified as satisfactory by the Town Attorney of all land included in streets, highways or parks, not specifically reserved by him, but approval of the plat by the Board does not constitute an acceptance by the Town of the dedication of any street, highway, park or other public open space.
G. 
The signature of the duly authorized officer of the Board constituting final approval by the Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or register of the county in which such plat or plats are located, if such plats are entirely or partially undeveloped, or the certificate of the Town as to the date of the submission of the final plat and the failure of the Board to take action thereon within the time prescribed shall expire within 62 days from the date of such approval or from the date such certificate is issued, unless within such sixty-two-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the Monroe County Clerk.
[Amended 6-20-2001 by L.L. No. 3-2001]
The subdivider shall observe the following general requirements and principles of nonresidential subdivision of land:
A. 
Subdivisions shall be in conformance with all local ordinances, except as provided for elsewhere by the Town Law or this regulation, and shall be properly related to the Town of Henrietta Comprehensive Land Use Plan, if any, as it is being used for guidance by the Board, either with or without formal implementation. Natural and historic features should be preserved. Insofar as possible, all existing features of the landscape, such as large trees, unusual glacial formations, watercourses and floodcourses, historic sites and other such irreplaceable assets, shall be preserved.
B. 
Street design in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided. Street right-of-way width, deflections, curvature and layout shall be subject to approval by the Director of Engineering and Planning and the Board.
C. 
All new streets shall be constructed to the Town pavement specifications in force at the time of application for nonresidential streets.[1]
[1]
Editor's Note: Current pavement specifications are on file at the office of the Director of Engineering and Planning.
D. 
Each block shall be planned to provide two rows of lots. Other lot arrangements may be accepted by the Board if such arrangements do not hinder future maintenance or other developments.
E. 
Side lines of lots, insofar as practical, shall be perpendicular to the street on a tangent section or on a radial to a curved section.
F. 
All lots shall be of sufficient size to accommodate anticipated buildings in accordance with zoning setback requirements.
G. 
Vertical alignment (grades) of streets shall conform in general to the existing terrain, but consideration will be given to minimum and maximum grades for drainage, safety, traffic and other factors.
H. 
Fire lanes of adequate width and off-street parking/loading areas shall be provided on all lots.
I. 
Lots shall be arranged and graded so that drainage areas will remain along lot lines or in open areas.
J. 
All development planned for flood-prone areas, as determined by flood maps and local experience, shall comply with all applicable Town requirements.[2]
[2]
Editor's Note: See Ch. 125, Flood Damage Prevention.
K. 
In the case of a subdivision into larger parcels or sections or larger than ordinary building lots, such parcels shall be arranged so as to allow for future streets and logical future subdivision.
L. 
On subdivision fronting existing streets, access roads may be required to limit access onto the existing street to one or more points. The lot depth may be increased to include this additional area.
M. 
All utilities installed in commercial/industrial subdivisions shall be placed underground.
N. 
The Board may require the installation of sidewalks, open areas, parking areas, drainage/flooding areas, buffer zones for noise or visual control, street trees, lot trees, streetlighting or other improvements to assure safe, orderly and sound development which will not adversely affect existing or future neighboring developments.
O. 
Variations of the general requirements above outlined may be established by the Board when, in its judgment, special factors warrant such variation.
The subdivider shall observe the following general requirements and principles of residential subdivision of land:
A. 
Subdivisions shall be in conformance with all local ordinances, except as provided for elsewhere by the Town Law or this regulation, and shall be properly related to the Town of Henrietta Comprehensive Land Use Plan, if any, as it is being used for guidance by the Board, either with or without formal implementation. Natural and historic features should be preserved. Insofar as possible, all existing features of the landscape, such as large trees, unusual glacial formations, watercourses and floodcourses, historic sites and other such irreplaceable assets, shall be preserved.
B. 
Street design in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided. Street right-of-way width, deflections, curvature and layout shall be subject to approval by the Director of Engineering and Planning and the Board.
C. 
All new streets shall be constructed to the Town pavement specifications in force at the time of application for residential streets.[1]
[1]
Editor's Note: Current pavement specifications are on file at the office of the Director of Engineering and Planning.
D. 
Each block shall be planned to provide two rows of lots. Other lot arrangements may be accepted by the Board if such arrangements do not hinder future maintenance or other developments.
E. 
Side lines of lots, insofar as practical, shall be perpendicular to the street on a tangent section or on a radial to a curved section.
F. 
All lot sizes shall comply with the current zoning regulations of the Town. If the developer is applying for subdivision approval under Town Law § 278, he must comply with the provisions of Town Code Chapter 295, Zoning, § 295-59B.
[Amended 6-20-2001 by L.L. No. 3-2001]
G. 
Vertical alignment (grades) of streets shall conform in general to the existing terrain, but consideration will be given to minimum and maximum grades for drainage, safety, traffic and other factors.
H. 
All development planned for flood-prone areas, as determined by flood maps and local experience, shall comply with all applicable Town requirements.[2]
[2]
Editor's Note: See Ch. 125, Flood Damage Prevention.
I. 
In the case of a subdivision of land into sections, the Board shall review and approve the preliminary plat for the entire subdivision before granting any one section final approval.
J. 
On subdivision lots fronting existing streets, access roads may be required to limit access onto the existing street to one or more points. The lot depth may be increased to include this additional area.
K. 
All utilities installed in residential subdivisions shall be placed underground.
L. 
The Board may require the installation of sidewalks, open areas, parking areas, drainage/flooding areas, buffer zones for noise or visual control, street trees, lot trees, streetlighting or other improvements to assure safe, orderly and sound development which will not adversely affect existing or future neighboring developments.
M. 
Variations of the general requirements above outlined may be established by the Board when, in its judgment, special factors warrant such variation (i.e., rural estate subdivision). (Note: "Rural estate subdivision" is one in which the Board may waive some requirements of § 245-5C, K and L in exchange for the development of three- to five-acre lots.)
The preliminary plat shall be drawn on one or more sheets of tracing material not more than 24 by 36 inches in size and shall be clearly marked "preliminary plat." If more than one sheet is required to show an entire tract at the above scale, an additional plan showing the entire subdivision shall be submitted at an appropriate scale. When the subdivider is someone other than the owner, an affidavit by the owner of the land consenting to the application and proof of ownership shall be submitted. The preliminary plat shall be drawn at a standard scale of not more than 100 feet to one inch and shall include the information listed below:
A. 
The name of the proposed subdivision, township, range and great lot number in which it is located.
B. 
The name and address of the record owner, subdivider and designer of the preliminary plat.
C. 
The location of property lines, existing easements, buildings, structures, watercourses, woodlands, wetlands and other essential features.
D. 
North point, graphic scale, date and general location map.
E. 
The names of all adjacent subdivisions and the names of owners of adjacent acreage.
F. 
The location of any existing sewers, water mains, culverts and drains on the property to be subdivided or on streets which border the property.
G. 
The locations, names and widths of existing and proposed streets, highways, easements, building lines, parks and other public open spaces and similar facts regarding adjacent property.
H. 
Ground contours for the property and adjacent property at intervals of not more than five feet of elevation.
I. 
The proposed source of water supply and the method of sewage disposal, including a conceptual layout of each system, whether necessary districts are formed or in process and the lines, dimensions and purpose of all utility easements, including properly placed fire hydrants. If on-site sanitary systems are to be used, percolation tests data shall be provided.
J. 
The proposed facilities for collecting, retaining, detaining and discharging surface water drainage, including preliminary design of any bridges or culverts which may be required and the layout and sizes of the storm sewer system. A separate report shall be submitted, including calculations for runoff and pipe and channel sizing, which will clearly indicate the basis of design and the intended method of all stormwater disposal and flood hazard prevention and how all runoff will be handled during grading and development operations and erosion and sedimentation prevention measures. The design of stormwater retention and other facilities shall follow the criteria set forth in Chapter 84, Drainage, and Chapter A300, Design Standards for Storm Drainage, of the Town Code.
K. 
The approximate lines and gradients of proposed streets and sidewalks, the names of proposed streets and a typical section of the roadway pavement.
L. 
A soils report outlining all soils and their classification, also listing those areas, if any, with moderate to high susceptibility to erosion. The report shall also describe the existing vegetation.
M. 
A proposed preliminary grading plan of the site at a contour interval of not more than two feet, showing locations of cuts and fills.
N. 
The approximate lines of proposed lots, the acreage or square footage contained in each lot and individual lot numbering. When appropriate, a typical lot layout with building and on-site sewage system shall be provided.
O. 
The approximate locations and dimensions of areas proposed for neighborhood parks, playgrounds or other permanent open space within the subdivision.
P. 
The location of any municipal boundary lines, existing special districts and zoning district lines within or near the subdivision.
Q. 
Indications of any nonconforming lot and deed restrictions or covenants as may apply to any or all portions of the subdivision.
R. 
An environmental assessment form (EAF) shall be provided and, if necessary, an environmental impact statement as required by federal, state or Town law.
S. 
An indication of locations of buffer zone areas required either during or after construction and the reason for buffer and/or other proposed vegetation.
T. 
The location, size and type of proposed lighting and anticipated signs, if any.
U. 
The location and outline of all floodplains, floodways, woodlands, wetlands and other environmentally sensitive areas.
V. 
A deed description and map of survey of tract boundary made and certified by a New York State licensed land surveyor.
W. 
Where it is impossible to include any public facilities within the public area so laid out, the preliminary plat shall show the boundaries of proposed permanent easements, which shall provide satisfactory access.
X. 
Where the preliminary plat submitted covers only a portion of the entire holding, a sketch of the prospective future street system of the unsubmitted portion shall be furnished for review by the Board in connection with the submitted portion.
Y. 
Where the subdivision is near to a noise source such as an expressway, industrial area, etc., a noise study shall be submitted, providing the necessary ambient noise readings and contours, in the order to determine mitigating measures to protect the subdivision from excess noise levels.
The final subdivision plat shall be drawn in ink on linen or material equally acceptable for filing with the Monroe County Clerk and shall give sufficient survey data to readily determine the location, bearing and length of all lines shown thereon to permit the reproduction of such lines upon the ground. The subdivision final plat shall be composed of three parts, namely construction sheet, record sheet and drainage report, as described in the subsections that follow.
A. 
Final plat construction sheet. These drawings shall be one or more sheets of tracing material, not more than 24 by 36 inches in size, and shall be drawn at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key sheet shall be provided showing the entire project. All data shown on the construction sheets shall be in accordance with the requirements of the Director of Engineering and Planning and the construction specifications which are available at the Town Hall. The data shall include but shall not be limited to the following information:
(1) 
Subsections A through E of § 245-6, the preliminary plat.
(2) 
The lines of existing and proposed streets and sidewalks immediately adjoining and within the subdivision.
(3) 
The names of existing and proposed streets.
(4) 
Typical cross sections of proposed streets.
(5) 
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
(6) 
The layout of proposed lots, including lot numbers.
(7) 
The location and size of any existing and proposed sewers (stormwater or sanitary), water mains and pipes on the property or into which any connection is proposed.
(8) 
Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the Monroe County Department of Health.
(9) 
Locations of survey monuments. Before acceptance of the dedication of the highways, a certificate by a licensed land surveyor must be filed certifying that the above monuments have been placed where indicated on the map.
(10) 
Plan and typical cross section of proposed sidewalks where required.
(11) 
Development plan, including landscaping, for any proposed neighborhood park or playground within the subdivision.
(12) 
A planting plan for street trees, where required, indicating the location, varieties and minimum size of trees to be planted and of existing trees to be preserved as street trees.
(13) 
Brief specifications or reference to Town standards for all required facilities to be constructed or installed within the subdivision.
(14) 
Certification by a licensed professional engineer and/or licensed landscape architect and a licensed land surveyor as evidence of professional responsibility for the preparation of the construction sheet.
B. 
Final plat record sheet. The record sheet shall be of a size acceptable by the Monroe County Clerk and drawn to a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, an index map to scale showing all sections shall be provided. The data shown shall include but shall not be limited to the following information:
(1) 
Subsections A through D of § 245-6, the preliminary plat.
(2) 
The boundaries of the subdivision, a legal description of the entire parcel of property and information to show the location of the subdivision in relation to surrounding property and streets, including names of owners of adjacent land or names of adjacent subdivisions. In whatever manner that is practical, the subdivision boundary shall be referenced from two directions to establish United States Coast and Geodetic Survey monuments or New York State Plane Coordinate monuments. In the event that such monuments have been obliterated, the subdivision boundary shall be referenced to the nearest highway intersections or previously established monuments of subdivisions or public lands. Any combination of types of reference points may be accepted which would fulfill the requirement of exact measurements from the subdivision boundary to reference points previously established for or by a public agency.
(3) 
The lines of existing and proposed streets and sidewalks within the subdivision and their names and the lines of existing or proposed streets and sidewalks on adjoining properties.
(4) 
The lines and dimensions of proposed lots, which shall be numbered. If a proposed lot contains one or more existing buildings, the yard dimensions for such buildings shall be indicated. Existing buildings outside the limits of the plat, but within 75 feet of any proposed street or 25 feet of any proposed lot line, shall also be shown.
(5) 
The lines and purposes of existing and proposed easements immediately adjoining and within the subdivision.
(6) 
The lines, dimensions and areas in square feet of all property that is proposed to be reserved by deed restriction or covenant for the common use of the property owners of the subdivision or for any other reason.
(7) 
The location of monuments to be placed within the subdivision.
(8) 
The locations of existing and proposed water supply lines, storm sewers and sanitary sewers within the subdivision.
(9) 
The locations of any municipal and zoning boundary lines within the subdivision.
(10) 
Written statements as to:
(a) 
The zoning of the subdivision property.
(b) 
Compliance of the proposed lots with zoning requirements. If any lots do not comply but are covered by zoning variances, the statement should include reference to such variance or, if variances are needed, such should be stated along with the nature of the variance(s) and locations.
(11) 
Seal and certification by a licensed professional engineer or a licensed land surveyor as evidence of professional responsibility for the preparation of the record sheet and a place for the liber and page where filed.
(12) 
Offers of dedication to the Town of any open space, recreation, road or other improvement and the facilities to be retained by the subdivider, including the method of maintenance and improvement thereof. Such offers shall be received and approved by the Town Attorney as to their legal sufficiency.
C. 
Filing requirements. To facilitate the filing of the subdivision or resubdivision maps with the County of Monroe, the following are required:
(1) 
If there are any new streets, the form "Application for Approval of Plat" shall be submitted.
(2) 
A tax search shall be made as required by the Monroe County Treasurer's Office.
(3) 
The required number of prints of the map as specified by the county.
(4) 
The filing fee, payable to the Monroe County Clerk.
(5) 
A statement that all other necessary county departments have been contacted.
D. 
Final plat drainage report. When requested by the Director of Engineering and Planning, this report shall expand upon the report submitted at the preliminary plan stage and shall present plans and supporting data for stormwater control drainage provisions within the subdivision, including:
(1) 
Plan, profiles and typical and special cross sections of proposed stormwater drainage facilities.
(2) 
Supporting final design data and copies of computations used as a basis for the design capacities and performance of the drainage facilities.
(3) 
Subdivision grading plan development to suitable contour interval with grading details to indicate proposed street grades and building site grades and elevation through the subdivision. The contour interval of the grading plan shall be one, two or five feet (vertical), the selection to be determined by the Director of Engineering and Planning.
(4) 
Erosion report, if required.
(5) 
If the subdivision is within or adjacent to the one-hundred-year-frequency floodplain of any body of water, a detailed analysis of the area with respect to a floodplain management land use will be included in the subdivision plat drainage report.
A. 
Before the issuance of any building permits, the subdivider shall pay to the Town of Henrietta a fee for each lot shown on the subdivision plat. Said fee shall be applied on and shall cover the cost of the following items:
[Amended 6-20-2001 by L.L. No. 3-2001]
(1) 
Construction water used for all initial construction of residences and public improvements in the subdivision prior to installation of water meters.
(2) 
Cost of normal inspection by Town employees or Town officials of:
(a) 
All sanitary sewers, pumps, manholes and other public sewage facilities required to serve the subdivision.
(b) 
Public waterlines, hydrants and other public water facilities within the subdivision.
(c) 
All storm sewers and public drainage facilities required to serve said subdivision.
(d) 
All street improvements, sidewalks and street drains to be constructed within the subdivision.
B. 
Said fee shall not cover the following:
(1) 
Cost of inspection of water, sewer or drainage facilities not of a public nature, such as water and sewer services and drains on private property, or the connection thereof to public facilities.
(2) 
Cost of inspections of buildings by the Fire Marshal/Building Inspector.
[Amended 2-15-2006 by L.L. No. 1-2006]
(3) 
Fees of consulting engineers or other special inspection charges incurred by the Town of Henrietta or any improvement district thereof in connection with the installation of any public improvement required by the Planning Board or by the Town Board.
(4) 
Any other cost properly payable by the subdivider under the terms of any performance bond, agreement or order of the Town Board or Planning Board, unless such cost is specifically set forth and described in Subsection A above.
C. 
In addition to said fee per lot, the subdivider shall also pay to the Supervisor any and all inspection fees for sanitary sewers, laterals, storm sewer connections and water services required to be paid by any ordinance or regulation of the Town of Henrietta and all entrance fees payable for the right to connect to any district in said Town.
D. 
The Supervisor shall allocate all such fees to the improvement district or department of the Town of Henrietta which renders the services or furnishes the materials for which said fees are payable, in proportion to the value of the service rendered or materials furnished by such district or department, as determined by the Town Board, and any surplus shall be retained by its general Town fund and as reimbursement for the general administration costs incurred in the regulation of subdivisions and in connection with improvement districts.
E. 
Until the subdivider has filed with the Fire Marshal/Building Inspector proof of filing of the approved plat in the Monroe County Clerk's office and until payment of the fees herein provided for, no building permit for the construction of any structure in such subdivision shall be issued.
[Amended 2-15-2006 by L.L. No. 1-2006]
[Added 2-18-2015 by L.L. No. 1-2015]
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.