Wherever any subdivision of land is proposed
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or authorized agent shall
apply for and secure preliminary and final approval of such proposed
subdivision in accordance with the procedures set forth in this article.
A.
Initiation. Wherever any subdivision of land is proposed
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or authorized agent shall
apply for and secure preliminary review and final approval of such
proposed subdivision in accordance with the procedures set forth in
this article.
B.
Application. Prior to application for approval for
any subdivision, the subdivider shall submit to the Director a preliminary
plat in order to review the general layout and its compliance with
the objectives of these regulations.
(1)
Three copies of the preliminary plat shall be submitted
showing or accompanied by the following information:
(a)
A map, drawn to scale of not less than 100 feet
to the inch, showing the plan of the proposed subdivision, indicating
the following:
[1]
The location of the proposed subdivision by
an insert map at a scale of not less than two inches equals one mile,
showing adjoining roads, their names, schools, parks and other surrounding
development which may be pertinent.
[2]
The name of the subdivider and the name, stamp
and professional status of the designer of the subdivision, who shall
be a surveyor or engineer.
[3]
The location of existing and proposed property
lines, easements, buildings, watercourses, water or sewer mains and
other essential features of the area to be subdivided and within an
area of 200 feet of the boundaries of the area to be subdivided and
the names of the owners of all such properties.
[4]
The location, names and widths of existing and
proposed streets, highways, easements, parks and other public properties
within the area to be subdivided and within 200 feet therefrom. Where
new streets are proposed, the right-of-way line and width and the
pavement lines and width shall be shown.
[5]
All areas proposed to be offered for dedication
to public use shall be shown and so indicated, and any conditions
of such dedication shall be included or attached.
[6]
The location of all existing and proposed connections
with existing and proposed water, sewer and other utility lines and
the indication of provisions for and location of surface drainage
facilities.
[7]
Elevations of existing and proposed ground surface
at all street intersections and at points of major grade change along
the center line of streets, together with proposed grade lines connecting
therewith.
(b)
The zoning classification of the parcel or parcels
to be subdivided and the zoning classification of all adjacent lots
according to the Zoning District Map of the City of Rochester.
(c)
A deed description certified by the attorney
or a map survey of the boundaries of the parcel or parcels to be subdivided
made and certified by a surveyor.
(d)
A topographic map of the area showing existing
five-foot contours or such contour interval as required by the Director
and watercourses for the subdivision area and the area approximately
200 feet outside of said limits.
(e)
A detail sheet showing typical cross sections
of the proposed grading of the subdivision.
(f)
A statement describing the capacity of existing
utilities and the predicted impact of the proposed subdivision upon
the existing facilities, accompanied by letters of concurrence signed
by the Director of Water, the City Engineer and the Rochester Pure
Waters District.
(g)
An outline and description of the public improvements to be provided in compliance with § 128-6 of this chapter and such preliminary drawings and information for said improvements as may be required by the Director of Water, the City Engineer and the Rochester Pure Waters District.
(h)
Preliminary designs of any bridges, culverts
or other such facilities which may be required.
(i)
If and when the subdivider holds undeveloped
land adjacent to the proposed subdivision or where such adjacent parcel
does not front on any existing street, a sketch of a prospective future
street layout for such adjacent parcel shall be shown on the same
map as the proposed subdivision.
(j)
If the subdivider intends to ask the Commission or minor modifications of yard, bulk or space requirements for the purpose of permitting the clustering of structures and uses pursuant to § 120-192A of the Zoning Code, an application for cluster development as described in § 120-192A(4) shall be submitted to the Director simultaneously with the submittal of the preliminary plat.
[Amended 11-19-2002 by Ord. No. 2002-354]
C.
Conference. At either the subdivider's or the Director's
request, the Director shall discuss the preliminary plat with the
subdivider in order to determine whether or not the preliminary plat
generally conforms to the requirements of this chapter, the Zoning
Code and other applicable codes of the City of Rochester.
[Amended 11-19-2002 by Ord. No. 2002-354]
D.
Consultation with City Engineer.
(1)
In determining the cost of required public improvements
and the amount of the performance bond, letter of credit or other
financial guaranty approved by the Director of Finance, the Director
shall consult with the City Engineer, who shall prepare, within 30
days of such request by the Director, this data for the Director.
(2)
The Director shall consult with the City Engineer
regarding references to and data on property, public rights-of-way,
parks, public improvements, drainage systems, easements, deeds, surveys
and subdivisions shown on the preliminary plat.
E.
Action by the Director. The Director shall advise
the subdivider, in writing, within 45 days from the date of submission
of the preliminary plat, which may be by formal letter or by legible
markings on a copy of the preliminary plat, concerning any additional
data that may be required, the character and extent of public improvements
that will have to be made; an estimate of the cost of construction
or improvements that will have to be made; the amount of the performance
bond, letter of credit or other financial guaranty approved by the
Director of Finance which will be required; and the general conformance
of the preliminary plat to the requirements of this chapter.
F.
Effect of action. The Director's action on the preliminary
plat does not constitute a guaranty of approval of the final plat.
A.
Initiation. Within six months of the Director's action
on the preliminary plat, the subdivider shall make application at
the office of the Director for approval of the final plat.
B.
Application and requirements.
(1)
Such application shall be made at least 33 days prior
to the next regularly scheduled meeting of the Commission at which
action is desired and shall be accompanied by the following information
and maps:
(a)
One original drawing in waterproof ink on tracing
cloth or permanent tracing film and 12 reproductions of such drawing
of the proposed subdivision which incorporates all of the information
and conditions required by the Director's action on the preliminary
plat.
(b)
Final design of any bridges, culverts or other
such facility which may be required.
(c)
All other detail sheets, information and maps
as required by the Director's action on the preliminary plat shall
be shown and drawn to scale, with all the necessary dimensions shown,
including the length of all lot and street lines, deflections, angles,
radii length of curves, tangent distances and tangent bearings for
streets and any necessary data for the location of any lot or street
line in the field. All dimensions shall be shown in feet and decimals
of feet. A blank oblong, three inches by five inches, shall be reserved
for the use of the approving authority.
(d)
Detail sheets showing the exact location, construction and specifications of all required improvements, bearing certification by the Director of Water, the City Engineer and the Rochester Pure Waters District that all required improvements have been designed and planned in accordance with the engineering and improvement standards of the City of Rochester, § 128-7 of this chapter and the applicable codes of Monroe County.
(e)
A list of all improvements for which waivers
are requested.
(f)
Letters of concurrence from the Director of
Water, the City Engineer and the Rochester Pure Waters District that
such requests for waivers of improvements are agreeable to all parties.
(g)
An offer to dedicate to the City all highways,
streets and parks so indicated and described on the plats and accompanied
by a letter of concurrence signed by the City Engineer.
(h)
If the subdivider is not making an offer for
dedication to the public of the streets, highways and parks shown
on the subdivision map, he or she shall mark a notation to that effect
on the plat.
[Amended 2-14-2006 by Ord. No. 2006-22]
(i)
A performance bond or letter of credit shall
be required for 100% of the estimated cost of the public improvement
work to be done as determined by the City Engineer and shall be posted
at the time of submission of the final plat. No reimbursement for
any improvement shall be made by the City or any district, department
or authority thereof. In addition, a separate guaranty bond for a
two-year period or a two-year letter of credit in the amount of 25%
of the estimated cost of the public improvement work, as determined
by the City Engineer, shall be supplied at the time of acceptance
of the improvements. Such performance and guaranty bonds shall conform
to the requirements of § 33 of the General City Law of the
State of New York.
(j)
Certification of approval by the Monroe County Department of Health shall also be submitted in the case of realty subdivisions as defined pursuant to Article III of the Monroe County Sanitary Code.
(k)
Proof of continued maintenance of common facilities
by deed restriction or otherwise for furnishing of City services for
those subdivisions where public dedication of access is not to be
furnished.
(m)
The locations and coordinates of all monuments
shall be referenced to the nearest approved control point as directed
by the City Engineer where and if such control points are in existence.
In the absence of such a control point, the subdivider shall establish
monuments for the subdivision to the satisfaction of the City Engineer.
(n)
The plat and each of the accompanying detail
sheets, plans and maps shall bear the name, stamp and professional
status of the preparer.
C.
Hearing. Unless the subdivision is exempt pursuant to § 128-5H, a public hearing shall be held by the Commission on the proposed subdivision, which shall have been advertised by publication in an official paper or a newspaper of general circulation within the City at least 20 days prior to such hearing and by mail to all property owners within 200 feet of such subdivision at least 20 days prior to such hearing.
D.
Actions.
(1)
By City Engineer and Corporation Counsel.
(a)
Prior to hearing. Any deed restriction or other
arrangement which describes the procedures for continued maintenance
of common facilities shall be reviewed by the Corporation Counsel
for conformity to law and by the City Engineer for feasibility.
(2)
By Commission.
(a)
The Commission shall present at the public hearing
the character and extent of the required public improvements for which
waivers have been requested and concurred with by the City Engineer
and by the Rochester Pure Waters District.
(b)
Following final review and the public hearing
concerning the proposed subdivision, the Commission shall, by at least
five affirmative votes of its membership, approve, modify and approve
or disapprove the final plat.
(c)
The Commission shall state, in writing, to the
subdivider the terms of conditional approval or the reasons for disapproval.
(3)
By Director.
(a)
If, within 45 days of the completed application
for approval of the final plat and submission of final drawings, the
Commission has not approved, conditionally approved or disapproved
the final plat, such final plat shall be deemed approved and a certificate
shall be issued by the Director so stating. Approval shall be noted
on the plat by signature of the Director.
(b)
If an exemption is permitted pursuant to § 128-5H such that no hearing is required and no action by the Commission is required, the Director shall determine whether or not the final plat conforms to the requirements of this chapter and of the Zoning Code.[2]
[Amended 11-19-2002 by Ord. No. 2002-354]
[2]
Following the issuance of the exemption, the
Director or his or her appointed representative shall give notice
of the pending application. The notice shall inform interested parties
that they may submit written statements relevant to the application
and shall set a final date on which statements may be submitted. The
notice shall be given by mail to the applicant; to the owner if different
from the applicant; to any person deemed by the Director to have a
direct interest in the application; and to owners of lots that abut
the subdivision or that lie directly across a street which abuts the
subdivision.
[Amended 2-14-2006 by Ord. No. 2006-22]
[3]
The Director shall then approve, modify and
approve or disapprove the final plat. The failure of the Director
to act within 45 days of the completed application for approval of
the final plat or such longer period of time as may be agreed to by
the applicant shall be deemed approval of the final plat.
[4]
The Director shall state, in writing, to the
subdivider the terms of conditional approval or the reasons for disapproval.
[5]
Action by Planning Commission. If the Director
shall decline to approve the application or approve it subject to
modification which is not acceptable to the applicant or if any person
is aggrieved by the action of the Director, such action shall not
be deemed final administrative action but shall only be authorization
for the applicant or the person aggrieved to refer the application
to the Planning Commission for review and decision. Such referral
shall be made by filing a written request with the Director within
30 days of the action, specifying the grounds therefor. The Director
shall promptly refer such request to the Planning Commission, which
shall review and act upon the application within 33 days of receipt.
The decision of the Planning Commission shall be final.
(4)
By City Engineer.
(a)
Prior to construction of surface drainage facilities.
The construction plans for surface drainage requirements shall be
approved by the City Engineer prior to construction of any drainage
facilities within the subdivision. The plans shall bear the certification
of a professional engineer as evidence of responsibility for the surface
drainage planning within the development. All surface drainage construction
shall be subject to adequate inspection.
(5)
By City Engineer, Director of Water and Fire Marshal.
(a)
Following filing. As soon as the required public
improvements are completed, the City Engineer, the Director of Water
and the Fire Marshal shall inspect them and certify that they comply
with the City's specifications and standards.
(6)
By Rochester Pure Waters District.
(a)
Following filing. As soon as the required sewer
improvements are completed, the Rochester Pure Waters District shall
inspect them and certify that they comply with the applicable codes
of Monroe County.
(7)
By City Engineer.
(a)
Following inspection. As soon as the required
public improvements are completed, the City Engineer shall communicate
to the City Council a recommendation to accept the offer to dedicate
the streets and highways shown on the subdivision map.
(8)
By City Council. Following receipt of the City Engineer's
recommendation for acceptance of streets and highways, the offer of
dedication shall be presented to the City Council for acceptance or
rejection.
E.
Filing.
(1)
The Commission shall retain one reproduction of the
final plat as approved and transmit two reproductions to the Manager
of Maps and Surveys, upon which shall appear the terms of any conditional
approval and signature of the Director. The original drawings shall
be returned to the subdivider for filing in the Office of the Monroe
County Clerk.
(2)
Within 90 days of the approval or conditional approval of the final plat or within 90 days of the issuance of a certificate granting approval of the final plat due to the failure of the Commission to act as required in accordance with § 128-5D of this article, the subdivider shall file the original drawing of the final plat as approved with the Office of the Monroe County Clerk or such approval or certificate granting approval shall expire and be void.
F.
Limitations on approval.
(1)
No changes, erasures, modifications or revisions shall be made in any final plat after approval has been granted by the Commission or after issuance of a certificate granting such approval or by the Director pursuant to § 128-5D(3)(b). In such cases the plat shall be void and shall be stricken from the records of the City of Rochester and the County of Monroe.
(2)
The approval of plans of proposed surface drainage
and flood hazard prevention requirements shall not constitute the
representation, guaranty or warranty of any kind or nature by the
City of Rochester as to the safety, operation, adequacy or intent
of the proposed facilities and shall create no liability upon or course
of action against such public body or employee thereof for any damage
that may result from construction pursuant thereto.
G.
Effects of approval and filing.
(1)
Upon approval, the three reproductions of the original
drawing become part of the records of the City of Rochester.
(2)
Upon filing, the streets and highways shown on the
final plat of the subdivision shall be deemed private until such time
as required improvements have been inspected, approved and certified
as complying with City standards and specifications by the City Engineer
and have been formally accepted by ordinance of the City Council.
The responsibility for maintenance, improvement and operation of required
public improvements shall not rest with the City until such acceptance.
The subdivider shall be responsible and liable for the provision and
the cost of streetlighting prior to acceptance.
