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.
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.
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.
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.
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.
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.
[Added 2-27-2019 by L.L.
No. 3-2019; amended 10-13-2021 by L.L. No. 13-2021]
The Planning Board may approve cluster developments simultaneously
with approval of a subdivision, all in accordance with Town Law § 278,
in any district, unless otherwise restricted. The Planning Board shall
establish conditions on the ownership, use, and maintenance of open
lands shown on the cluster development plat to assure the preservation
of the natural and scenic qualities of such open lands. Such conditions
(including but not limited to conservation easements, dedication of
lands to the Town, etc.) shall be approved by the Town Board.
[Added 2-18-2015 by L.L.
No. 1-2015; amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this chapter shall constitute a violation,
and, upon conviction thereof, shall be subject to a fine as follows.
Each week's continued violation shall constitute a separate additional
violation.
A. For a
first violation, a fine up to a maximum amount of $350.
B. For a
second violation, where both violations were committed within a period
of five years, a fine of not less than $350 nor more than $700.
C. For a
third violation or greater, all of which were committed within a period
of five years, a fine of not less than $700 nor more than $1,000.