The purpose of these regulations shall be to
provide rules, regulations and standards to guide land subdivision
in the Town of Webster in order to promote the public health, safety,
convenience and general welfare of the Town. They shall be administered
to ensure orderly growth and development, the conservation, protection
and proper use of land and adequate provisions for circulation, utilities
and services and to ensure that land utilization for residential building
purposes shall not be a detriment to health, shall not cause a peril
from fire, flood or other menace and that adequate provision is made
for light, air, fire protection, open land areas, recreation and other
amenities.
The following words set forth in this Article
shall be defined as follows:
- BOARD
- The Planning Board of the Town of Webster.
- PLAT
- The final map, drawing or chart in which the subdivider's plan of subdivision is presented to the Planning Board for consideration for approval and subsequent recording at the office of the Clerk of the County of Monroe.
- PROPOSED LAYOUT
- A rough outline map submitted to the Planning Board for its initial consideration.
- SUBDIVIDER
- The owner or developer of the land to be subdivided, or his or its agent.
- SUBDIVISION
- The division of any parcel of land into a number of lots,
blocks or sites as specified in this Code or law, with or without
streets or highways, for the purpose of sale, transfer of ownership,
or development. Subdivision may include any alteration of lot lines
or dimensions of any lots or sites shown on a plat previously approved
and filed in the office of the Monroe County Clerk. A "minor" subdivision
will be any residential subdivision of less than five lots; a "major"
subdivision will include all other subdivisions.[Amended 5-7-2004 by L.L. No. 1-2004]
- ZONING MAP
- The Town of Webster Zoning Map dated February 20, 2003.[Amended 7-17-2003]
[Amended 5-7-2004 by L.L. No. 1-2004]
The Department of Public Works shall have the
authority to review subdivision plats prior to the issuance of any
building permits and, at its option, refer such plats to the Planning
Board, in accordance with the provisions of § 276 of the
New York State Town Law.
A.
Prior to the application for preliminary subdivision
plat approval, the applicant shall first have a sketch plan conference
with the Town Planning Board. The sketch plan conference shall be
conducted at a regularly scheduled meeting of the Town Planning Board
but shall not be a public hearing. The purpose of the sketch plan
conference shall be to present to the Town Planning Board, for initial
review, discussion and comment, a design concept or plan for the development
of a parcel or parcels of land within the Town. During the conference,
the applicant and the Planning Board shall review and discuss the
basic subdivision design concept and generally determine the information
to be required and provided on the preliminary subdivision plat. No
formal action shall be taken on the plan or the application at the
time of the sketch plan conference. At such a conference, the applicant
should provide a letter of intent outlining the proposed project,
along with a conceptual design sketch and the following additional
information:
(1)
The general location of the site with respect to existing
and proposed streets and rights-of-way, buildings and other facilities
and natural features.
(2)
Specific identification of all properties, subdivisions,
streets and easements within 200 feet of the parcel.
(3)
General identification of all existing utilities in
the area.
(4)
Identification of internal streets or traffic circulation
patterns, if any, of the proposed development.
(5)
The location of all existing and proposed structures
on the site, and designated uses for each.
(6)
Identification of existing zoning classification(s)
of the property and all adjacent properties, and any restrictions
on land use of the site.
(7)
Identification of existing natural features on the
site.
(8)
A map of site topography at no more than five-foot
contour intervals. If general site grades exceed 5% or portions of
the site have susceptibility to erosion, flooding or ponding, a soils
overlay and a topographic map showing contour intervals of not more
than two feet of elevation shall be provided.
B.
Following the sketch plan conference, the Town Planning
Board may suggest to the applicant changes in the preapplication sketch
involving street layouts, traffic patterns, access building sizes,
shapes and/or locations, landscaping techniques, preservation of natural
features or other matters which, in the opinion of the Board, would
improve the subdivision design concept. Additional sketch plan conferences
can be scheduled by the Planning Board as needed prior to preliminary
approval.
A.
All preliminary applications for subdivision plat
approval shall be made in writing on the appropriate forms pursuant
to this schedule and shall include (as required by the Town Planning
Board and/or Town Department of Public Works) drawings, maps or other
relevant data containing any or all of the following information.
(Maps and drawings submitted as a part of preliminary subdivision
plat approval applications shall be prepared by a licensed engineer,
architect, landscape architect or surveyor and certified by the seal
and signature of such engineer, architect or surveyor):
[Amended 5-7-2004 by L.L. No. 1-2004]
(1)
A North arrow, scale, original date and last revision
date for all maps.
(2)
Identification of the boundaries of the property plotted
to scale, dimensions of the site and the total acreage.
(3)
The current zoning of the property and any proposed
zoning changes.
(4)
The location of existing watercourses.
(5)
A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention in accordance with Chapter 104 of the Town Code.
(6)
The location, setbacks, heights and proposed use for
all buildings and structures.
(7)
Typical floor plans and elevations for all buildings.
(8)
The location of any accessory structures, or docks, piers or moorings proposed pursuant to Chapter 225 of the Town Code.
(9)
The location, design and traffic circulation patterns
for all parking areas and truck delivery areas, showing all ingress
and egress points, driveways, drive aisles, etc.
(10)
The location and size of all curb cuts.
(11)
A description of provisions for pedestrian access
and circulation, including sidewalks, handicapped parking areas and
ramps, crosswalks and pavement markings, including any easements for
public access along shoreline areas.
(12)
The size, nature and location of any outdoor
storage area; the location of any outdoor fencing, including the size,
height and type of construction.
(13)
The location, design and construction materials
of all existing or proposed site improvements such as drains, culverts,
retaining walls, outdoor storage tanks, retention ponds, air-conditioning
units and waste disposal units.
(14)
A description of the method of sewage and stormwater
disposal, and the location, design and construction materials of such
facilities.
(15)
A description of the method of securing public
water, and the location, design and construction materials of such
facilities.
(16)
The location of fire lanes and other emergency
zones, including the location of all existing and proposed fire hydrants.
(17)
The location, size, design and construction
material of all proposed signs.
(18)
The location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy; descriptions of provisions for solar energy use, energy
conservation or other environmental design techniques.
(19)
The location and proposed development of all
buffer areas, including existing and proposed vegetative cover. The
location of all existing stands of trees on the site, with particular
notation of all existing trees with a caliper in excess of six to
eight inches.
(20)
The location and design of outdoor lighting
facilities.
(21)
A designation of any building to be used as
an accessory structure to residential uses.
(22)
A general landscaping plan and planting schedule,
including the location and types of trees and shrubbery to be planted.
(23)
An identification of all additional town, county,
state and federal permits, private easements or agreements, variances
and/or other approvals that are necessary in order to complete the
project as proposed; applications for all development permits required,
if any, under the provisions of the zoning regulations of the Town
Environmental Protection Overlay Districts.
(24)
Temporary and permanent provisions for controlling
erosion from the site.
(25)
A description of on-site soils as available
in the Monroe County Soils Survey.
(26)
Any other data, information, maps or drawings
that are deemed necessary by the Town Planning Board and/or Town Department
of Public Works in order to make a decision regarding the application
for preliminary subdivision plat approval.
(27)
The location, name, width and design of existing
and proposed streets.
(28)
The length of street straight lines, deflection
angles, radii, length of curves and control angles of curves, tangent
distances and bearings for each street.
(29)
A typical cross section of street and sidewalk
showing character, width and depth of pavement and subbase.
(30)
The location of manholes, curbs and gutters
and underground conduits.
(31)
Evidence of a permit to tie it into county or
state roads.
(32)
All dimensions and angles of lot lines in feet
and decimals thereof.
(33)
All lots are to be numbered.
(34)
The size and location of proposed water mains,
hydrants and valves and connection with existing water supply.
(35)
The subdivision entrance sign.
(36)
Utility lines to be within the road right-of-way
outside of paved areas.
(37)
For subdivision plat review applications for
development proposed within 500 feet of the Irondequoit Bay or Lake
Ontario shoreline, a soil survey shall be required containing the
following information:
(a)
A two-foot contour map on a scale of one inch
equals 200 feet, or a larger scale.
(b)
One soil boring 48 inches deep or deeper per
two acres of development.
(c)
One deep hole pit eight feet deep or deeper
per 10 acres of development (at least one pit per development site).
(d)
A map showing the location of soil borings and
deep hole pits.
(e)
A map showing the separation of intensive soil
map units (soil map).
(f)
Soil descriptions unless keyed to county soil
survey descriptions.
(g)
A log of soil borings and deep hole pits.
(h)
A summary letter written and signed by a professional
soil scientist.
(38)
For all properties west of Bay Road and all
properties north of Lake Road, a visual analysis of the proposed subdivision
which identifies all significant scenic views and vistas, and a cultural
resource analysis of the site which identifies all significant historic,
architectural, archaeological or other cultural buildings or structures.
The Visual EAF Addendum, prepared by the New York State Department
of Environmental Conservation, shall be used to supply information
for the visual impact analysis required above.
B.
A letter of intent, prepared by the applicant or his
designated representative or agent, shall accompany the preliminary
subdivision plan application and shall include a statement outlining
the proposed subdivision, the owner of the property and any proposed
building, the project builder or contractor (if known), a proposed
construction schedule, the principals involved in the financing of
the project and any other information deemed necessary by the Town
Department of Public Works. Such additional information may include
data on the nature and legal status of existing or proposed easements
and a description of all deed restrictions or covenants applicable
to the property.
C.
Appropriate fees to cover the costs of processing
the application for preliminary subdivision plat approval shall accompany
the application and shall be paid to the Town of Webster upon filing
with the Town Planning Board. Such fees shall be established by the
Town Board by resolution, may from time to time be changed by the
Board and shall not be refundable.
A.
The Town Planning Board's review of a preliminary
subdivision plat application shall include but shall not be limited
to the following considerations:
(1)
The adequacy and arrangement of pedestrian access
and circulation into and through the site (including separation of
pedestrian and vehicular traffic), location and design of walkway
structures, control of intersections where vehicular and pedestrian
traffic converge and overall pedestrian convenience and safety in
the site; the adequacy of facilities designed to assist handicapped
persons using the facility.
(2)
The adequacy and arrangement of vehicular access and
circulation into and through the site (including separation of pedestrian
and vehicular traffic), location and design of driveways, drive aisles
and curb cuts.
(3)
The adequacy, type and arrangement of trees, shrubs
and other landscaping on the site for use as visual and/or noise-deterring
buffers between adjoining land uses, or as natural design elements
to enhance the aesthetic aspects of the project.
(4)
In the case of an apartment building, townhouse or
other form of multifamily dwelling, the adequacy of usable open space
areas for playgrounds and/or other recreational activities.
(5)
The adequacy, location and design of parking facilities,
loading and unloading areas and docking facilities.
(6)
The adequacy of stormwater and drainage facilities.
(7)
The location, arrangement, size and design of all
dwelling and exterior lighting and signage.
(8)
The adequacy of water supply to the site and sewage
and refuse disposal facilities.
(9)
The protection of solar access on adjacent or neighboring
properties.
(10)
The protection of adjacent properties and the
general public against noise, glare and unsightliness or other objectionable
influences.
(11)
The adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
(12)
The proposed grading of the site.
(13)
The adequacy of all temporary and permanent
provisions to control erosion from the site, maintain existing vegetation
and wildlife habitats within the site, deal with peculiar soil types
on the site and other similar site environmental problems.
(14)
The adequacy, design and location of fire lanes,
emergency access zones or other similar areas intended to provide
ingress and egress for emergency vehicles; the adequacy and location
of fire hydrants.
(15)
Provisions for snow storage and/or removal.
(16)
The proposed construction schedule or phasing
of the project and its relationship to overall project design.
(17)
General project conformance with accepted planning,
engineering and site design standards and criteria.
(18)
The adequacy, location and design of shoreline/erosion
protection structures.
(19)
The adequacy, size, location and design of boat
docking facilities, fishing piers, slips, catwalks, boat-launching
ramps and other similar facilities.
(20)
The adequacy of provisions of pedestrian access
to the shore zone for particular sites.
(21)
The aesthetic and architectural qualities of
the proposed project, particularly building styles and construction
materials used, as they relate to any unique characteristics of a
particular site and the surrounding natural environment.
A.
The Town Planning Board shall conduct a public hearing
on the proposed preliminary subdivision plat. Such a public hearing
shall be conducted within 62 days of the date of receipt of the application
for preliminary subdivision plat approval and shall be advertised
in a newspaper of general circulation in the Town at least five days
prior to the public hearing. The applicant shall be responsible for
notifying, by first class mail, all property owners of record within
300 feet of the outside perimeter or boundary line of property involved
in the preliminary application of the time, date and place of such
public hearing at least 10 days prior to such hearing. Notice shall
be deemed to have been given if mailed to the property owner at the
tax billing address listed on the property records of the Town Assessor
or at the property address. At least seven days prior to such hearing,
the applicant shall file with the Planning Board his/her affidavit
of mailing such notices. Failure to receive such notice shall not
be deemed a jurisdictional defect of the Planning Board.
[Amended 5-7-2004 by L.L. No. 1-2004]
B.
Prior to the approval of any development application
by the Town Planning Board, the Town Department of Public Works shall
review such application and make recommendations to the Board concerning
the project. Such recommendations shall include an identification
of any private easements or agreements, variances required for the
project and/or possible problems with the general subdivision plat
design, parking or building layouts, ingress or egress, building density
or setbacks, pedestrian and vehicular circulation and other land use,
site design, zoning or environmental problems or concerns. Such recommendations
may also include possible alternative design solutions. The Town Department
of Public Works shall be responsible for coordinating all other Town
permit procedures necessary for any given project or proposed development,
including the Town environmental quality review process and the procedures
for obtaining development permits within Environmental Protection
Overlay Zoning Districts.
[Amended 5-7-2004 by L.L. No. 1-2004]
C.
The Town Planning Board shall be responsible for referring,
as necessary or required, any development project to the various departments
or agencies, prior to any final action being taken by the Town Planning
Board on the application. The Town Planning Board shall also be responsible
for referring certain site development plans to the Monroe County
Department of Planning for a report in accordance with the provisions
of § 239-m of the General Municipal Law prior to any final
action being taken on the application by the Town Planning Board.
D.
Within 62 days of the public hearing on an application for preliminary subdivision plat approval, the Town Planning Board shall act on it. If no decision concerning such an application is made pursuant to § 192-20 of this chapter within said sixty-two-day period, the preliminary subdivision plat shall be considered approved. If final approval is not received within one year following preliminary approval, the applicant shall be required to submit the application for reconsideration of preliminary subdivision plat approval. The sixty-two-day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant.
[Amended 5-7-2004 by L.L. No. 1-2004]
E.
The Town Planning Board may approve an application
for subdivision plat review when, based on the information presented
at the public hearing, it has determined that the project will adequately
and appropriately address the considerations and criteria listed above.
The Town Planning Board may place reasonable restrictions or stipulations
on such applications in order to ensure that the project will adequately
and appropriately address the considerations and criteria listed above.
F.
The Planning Board's decision shall refer to a specific
site plan drawing by date and number and may include recommendations
of desirable modifications to be incorporated into the final site
plan. Conformance with said modifications shall be considered a condition
of project approval. If the preliminary site plan is disapproved,
the Planning Board's decision shall clearly state the reasons for
such denial. In such case, the Planning Board may recommend further
study of the site plan and resubmission to the Board after it has
been revised or redesigned.
[Added 5-7-2004 by L.L. No. 1-2004]
A.
After receiving preliminary approval, with or without
modification, from the Planning Board on a preliminary subdivision
plat, the applicant may prepare a final detailed subdivision plat
and submit it to the Planning Board for approval. If more than six
months have elapsed since the time of the Planning Board's action
on the preliminary subdivision plat or if the Planning Board finds
that conditions may have changed significantly in the interim, the
Planning Board may require a resubmission of the preliminary subdivision
plat and an additional public hearing for further review and possible
revision prior to accepting the proposed final subdivision plat for
review.
B.
The final detailed subdivision plat shall conform
substantially to the preliminary subdivision plat that has received
preliminary subdivision plat approval. It shall incorporate any revisions
or other features that may have been recommended by the Planning Board
at the preliminary review. In addition to that provided elsewhere
in the chapter, the Planning Board may require a letter of credit,
bond or maintenance bond for any facility or improvement that is indicated
as part of the plat, such as parking areas and buffer and screen devices.
All such compliances shall be clearly indicated by the applicant on
the appropriate submission.
C.
In addition to final detailed subdivision plats, the
following additional information shall accompany an application for
final subdivision plat approval:
(1)
A record of application for and approval status of
all necessary permits from town, county and state departments or agencies.
(2)
An estimated project construction schedule.
(3)
Submission of all proposed easement including private
easements, agreements and deed restrictions.
[Amended 5-7-2004 by L.L. No. 1-2004]
(4)
Submission of evidence of firm financial commitments
for project constructions and permanent financing for completion of
the project.
(5)
Any other information or data deemed necessary by
the Town Department of Public Works and/or Town Planning Board.
D.
There shall be no additional fee required for review
of an application for final subdivision plat approval. Such review
shall take place at a regularly scheduled meeting of the Town Planning
Board but shall not require a public hearing.
E.
If the final detailed subdivision plat is substantially
different from the approved preliminary plat, then the applicant shall
present any modifications to the Planning Board as a preliminary subdivision
plat in accordance with the approval procedures found in this section.
The Planning Board shall then determine whether or not the modified
plat is still in keeping with the intent of the Planning Board resolution
which approved the preliminary subdivision plat. If a negative decision
is reached, the subdivision plat shall be considered as disapproved.
A.
Within 62 days of receipt of the application for final
subdivision plat approval, the Planning Board shall notify the Town
Commissioner of Public Works of its decision. If no decision is made
within the sixty-two-day period, and upon the applicant's completion
of requirements to be met, the final subdivision plat shall be considered
approved. However, the sixty-two-day time period may be extended by
mutual consent of the Town Planning Board and the applicant. The Planning
Board's decision shall clearly refer to a specific subdivision plat
by drawing number and date.
B.
Upon approval of the final subdivision plat and payment
by the applicant of all fees and reimbursable costs due to the Town,
the Planning Board shall endorse its approval on a copy of the final
subdivision plat and shall forward such copy to the Town Commissioner
of Public Works. Upon disapproval of a final subdivision plat, the
Planning Board shall so inform the Commission of Public Works, and
the Town shall deny a building permit to the applicant. The Planning
Board shall also notify the applicant in writing of its decision and
its reasons for disapproval or approval. Town Planning Board approval
of a final subdivision plat shall expire after one year from the date
of such decision unless a building permit has been taken out within
such time period, for work indicated on the final subdivision plat,
and subdivision development and/or construction has begun as determined
by the Town Planning Board. An application for preliminary or final
subdivision plat approval that has been denied by the Town Planning
Board may not be resubmitted to the Board for a period of one year
from the date of such decision unless such plat has been changed or
revised to reflect the concerns and recommendations of the Planning
Board indicated in its notice of denial.
C.
In taking action on applications for final subdivision
plat approval, the Town Planning Board shall ensure that, to the maximum
extent possible, the minimum requirements of the Town Zoning Ordinance[1] have been met or that appropriate variances have been
granted by the Town Zoning Board of Appeals. The Town Planning Board
may impose additional restrictions or conditions on applications for
final subdivision plat approval beyond the general requirements of
the Town Zoning Ordinance, but within the scope and authority of this
section, if it determines that such restrictions or conditions are
necessary to ensure project conformance with generally accepted planning,
engineering and design standards and criteria or to minimize the project's
adverse impact on adjacent land uses and other physical and environmental
features or are directly related to the health, safety or general
welfare of the community. Such additional restrictions or conditions
shall be in the form of a resolution of approval as a condition of
final subdivision plat approval. Final subdivision plat approval cannot
be granted for any project until all private easements and agreements
have been obtained, all necessary variances from the Town Zoning Board
of Appeals have been granted and/or all use permits from the Town
Board have been granted and a review or referral has been received
concerning the project from the Monroe County Planning Department
in accordance with the provisions of the General Municipal Law, if
required.
[Amended 5-7-2004 by L.L. No. 1-2004]
[1]:
Editor's Note: See Ch. 225, Zoning.
D.
The following documents shall be submitted upon approval
of the final plat map:
[Amended 5-7-2004 by L.L. No. 1-2004]
(1)
Payment of necessary engineering and legal fees.
(2)
A certified copy of the deed checked against plat
boundaries.
(3)
A tax search showing no unpaid taxes.
(4)
A certified copy of the deed or an attorney's certificate
of title.
(5)
Proposed easements, including private easements, easement
agreements, and deed restrictions.
[Amended 5-7-2004 by L.L. No. 1-2004]
(6)
A permit for connection to county or state roads.
(7)
A statement of dedication of streets and utilities.
(8)
Improvement districts processed.
(9)
Approval of the County Health Department.
(10)
Payment of Planning Board fees.
(11)
Map signatures required:
(a)
Certificates by the applicant's representatives,
as required by New York State Law.
(b)
Commissioner of Public Works.
(c)
Town Assessor.
(d)
Town Highway Superintendent.
(e)
Monroe County Health Department.
(f)
Planning Board Chairman or Secretary.
(g)
Fire Marshal.
(h)
Water Department official.
(i)
Sewer Department official.
(j)
A certification by the applicant, and the property
owner if different than the applicant, that the undersigned applicant
and property owner accepts all conditions and approvals as set forth
on the final plat map.
[Added 5-7-2004 by L.L. No. 1-2004]
(12)
The following certifications will be required
and placed on the subdivision plat map:
[Added 5-7-2004 by L.L. No. 1-2004]
(a)
It is hereby certified that all lots shown hereon fully comply with the Zoning Ordinance (Chapter 225) and the Subdivision Rules and Regulations of the Town of Webster.
(b)
The subdivision is well drained and is not subject
to flooding or standing water.
(c)
All sanitary sewers are in compliance with the
specifications and sewer policy of the Town of Webster.
(d)
The grade level at the front building line is
1/4 inch per foot above the center of the road, or (when applicable)
grade level requirements have been waived by the Planning Board due
to the topography within the subdivision.
(e)
The area occupied by the right-of-way for public
roads or streets is _______ square feet.
(f)
All right-of-way indicated on this map shall
be considered temporary easements to the Town of Webster. The easement
shall be for the purpose of ingress and egress, and maintenance of
utilities, and the Town may also assign the easement for the purpose
of extending roads or utilities.
[Amended 5-7-2004 by L.L. No. 1-2004]
The Board may take any one of the following
actions on an application for preliminary or final subdivision plat
review:
A.
Preliminary approval: Application is given preliminary
site plan approval as presented.
B.
Preliminary approval with modifications: Application
is given preliminary site plan approval subject to certain modifications
being made in the plan that will be shown on the final site plan.
C.
Disapproval: Application for site plan approval is
denied based upon reasons stated in the decision.
D.
Disapproval without prejudice: Application for site
plan approval is denied based upon reasons stated in the decision.
However, the Planning Board may reconsider the application if substantial
changes are made in the site plan design or overall project concept.
A new application fee for the Planning Board is required, and the
additional public hearing is required if and when the new plans are
submitted.
E.
Final approval: Application is given final site plan
approval as presented.
F.
Final approval with modifications or conditions: Application
is given final site plan approval subject to certain modifications
or conditions contained in the decision or resolution of approval
to be signed by the applicant.
G.
Reserve decision.
H.
Tabled: Preliminary site plan hearing is postponed
pending receipt of additional information, appearance of applicant
or a representative, or for other reasons as determined by the Planning
Board.
[Amended 7-17-2003; 8-5-2004 by L.L. No. 2-2004]
A.
The arrangement of streets in the subdivision shall
provide for the continuation of the principal or secondary streets
in the adjoining subdivisions or for their proper projection when
adjoining land is not subdivided and shall be of a width at least
as great as that of the existing street to be connected.
B.
A street right-of-way width shall be a minimum of
60 feet and streets shall be so laid out that high-speed through traffic
will be discouraged.
C.
Irregular jogs in streets with center-line offsets
of less than 125 feet shall not be permitted.
D.
Street intersections of less than 90° shall be
discouraged, and intersections of less than 60° shall not be permitted.
E.
Dead-end streets or culs-de-sac shall have a turnaround
with a minimum radius of 60 feet for the outside curve at the closed
end.
F.
Distances between intersecting streets shall be greater
than 300 feet. Every street shall be designed so as to permit adequate
access to the subdivision by emergency vehicles.
G.
A pedestrian right-of-way shall be provided not less
that 10 feet in width near and through the center of every block over
800 feet in length, if such right-of-way is needed to provide ingress
to and egress from a public or municipal building or activity.
H.
Sanitary sewers shall be laid out in conformance with
the sewer policy of the Town of Webster existing at the time the subdivision
is reviewed by the Planning Board. All sanitary sewers shall be constructed
in conformance with Town specifications.
I.
Storm sewers shall be provided for the adequate drainage
of the subdivision as required by the Planning Board and shall be
constructed in accordance with specifications approved by the Department
of Public Works for the Town of Webster.
K.
Grade level at the front of the building line shall
be 1/4 inch per foot above the center of the road unless otherwise
permitted by the Planning Board because of unusual topography.
L.
Lands subject to flooding shall not be platted for
residential occupancy or for such other use as may increase danger
to life or property or aggravate the flood hazard, but such land may
be used for such purposes as shall not be endangered by periodic or
occasional inundation or increase the danger of flood.
M.
(Reserved)
N.
Street lines within a block deflecting from each other
at any one point more than 10 degrees shall be connected with a curve,
the radius of which for the interstreet lines shall be a minimum of
250 feet. The outer street line in each case shall be parallel to
the interstreet line.
O.
The Planning Board may require recreation, park or
open areas in any subdivision plat where it deems it necessary to
ensure adequate recreational and open area within the proposed subdivision,
or, in lieu thereof, payment of a parks and recreation fee.
P.
Street names shall not be similar to existing streets,
and all proposed street names shall be checked with the County of
Monroe for approval.
Q.
The subdivider shall be required to attend the regular
meeting of the Planning Board at which the application for sketch
plan review, preliminary review and final approval is made and any
subsequent meetings deemed necessary by the Chairman of the Planning
Board.
R.
The initial layout provided by the subdivider shall
include a map showing all contiguous lands owned or under option by
the subdivider.
S.
The Planning Board reserves the right to refuse subdivision
of any lands which, because of the size, shape, topography or location,
according to good planning standards, are not suitable for subdivision
development.
T.
Modifications from the general requirements above
outlined may be granted by the Planning Board in its discretion.
Permits for advertising signs pertaining to
the approved subdivision may be obtained from the Town Building Official.
Such signs must conform to the following regulations:
A.
Such signs should not be in excess of 20 square feet.
The number of signs permitted shall be at the discretion of the Planning
Board.
B.
Such signs may be erected for a period of one year
with the right to make application for a renewal of six months. Renewals
shall be granted by the Board in its discretion.
C.
A deposit of $25 will be required, which will be returned
to the subdivider upon proof of removal of the subdivision sign at
the expiration of the period of the permit; and upon failure to notify
the Building Official of removal of the sign within 10 days of such
removal, the $25 will be forfeited.
D.
The subdivision sign must be located at least 25 feet
from the edge of any street right-of-way and within subdivision boundaries.
E.
The sign permit shall be posted on the subdivision
sign.
F.
The subdivider shall be responsible for the erection
of the sign and for the maintenance thereof.
Reasonable costs incurred by the Town Planning
Board for consultation fees or other extraordinary expenses in connection
with the review of a proposed subdivision plat, that are over and
above the basic application fee, shall be charged to the applicant
at a rate as established by the Town Board.
Whenever the particular circumstances of a proposed
development require compliance with environmental protection permits
or procedures as found in this Subdivision of Land Ordinance, or requirements
of the Town's land subdivision regulations or SEQR regulations, then
the Town Planning Board and Town Department of Public Works shall
attempt to integrate, where possible, subdivision plat review as required
by this section with the procedural and submission requirements for
such other compliance.
It shall be the responsibility of the subdivider
to determine whether or not the proposed subdivision is situated within
a sewer, lighting, park, water, drainage or other special improvement
district. If an improvement or improvements shall be required for
which a district has not been established, the subdivider shall, prior
to application for final approval, submit a petition to establish
the improvement district(s) in accordance with New York State Town
Law, Article 12.
[Amended 5-7-2004 by L.L. No. 1-2004]
After a determination has been made that an
easement or easements will be required, either for the purpose of
ingress to or egress from the subdivision or as a concomitant of any
of the improvement districts to be formed therein, the subdivider,
or property owner if different from the subdivider, shall submit to
the Town Attorney for the Planning Board the proposed easement and
a legal description of the property with in said easement.
[Amended 11-2-1995]
A.
Legislative authority. The Town Board of the Town
of Webster enacts this section of the Code of the Town of Webster
pursuant to its authority under New York State Town Law § 278.
B.
Legislative intent. It is the intent and purpose of
this section to enable and encourage flexibility in the design and
development of land in such a way as to promote the most appropriate
use of land, to facilitate the adequate and economical provision of
streets and utilities, to preserve the natural and scenic qualities
of open space and to protect local ecology, major strands of trees,
steep slopes, geological features and other areas of environmental
value.
C.
Modifications authorized. The Planning Board of the Town of Webster is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law and Chapter 192 of the Code of the Town of Webster, to modify applicable provisions of Chapter 225 (Webster Zoning Ordinance) of the Code of the Town of Webster.
D.
Number of dwelling units permitted.
(1)
The maximum permitted number of dwelling units or
building lots shall be determined by dividing the land area of the
subject property by the normal minimum required lot area for the zoning
district in which it lies. However, prior to determining the number
of dwelling units or building lots, the parcel to be developed shall
be adjusted as follows:
[Amended 11-18-2004]
(a)
Lands used by public structures or rights-of-way
may not be considered as part of the total gross area.
(b)
Water bodies, all areas within the one-hundred-year
flood boundary as indicated on the Flood Insurance Maps (FIRMs) issued
by the Federal Emergency Management Agency (FEMA) and state and federal
wetlands shall be subtracted from the total gross area.
(c)
Where up to 25% of the total gross area of the
parcel to be developed consists of land with slopes equal to or greater
than 15%, 1/2 of the total of such land shall be subtracted from the
total gross area. Where more than 25% of the total parcel to be developed
consists of land with slopes equal to or greater than 15%, 1/2 of
25% of the total gross area, together with the amount of land with
slopes equal to or greater than 15% in excess of the initial 25% of
the total gross area shall be subtracted to determine the adjusted
gross area.
(e)
Wetland buffers can be included in the density
calculation for the development, but shall be excluded from any potential
development themselves.
(2)
In no case shall the number of building plots or dwelling units 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 225, Zoning, of the Code of the Town of Webster.
E.
Applicability.
(1)
The provisions of this section shall apply to applications
for division of land parcels containing a total land area of appropriate
size and dimension which can accommodate at least five building lots
according to the standards of this chapter, and which can be classified
as subdivisions under the Town Subdivision of Land Ordinance.
(2)
An owner of property within any residential zoning
district may make application under this section at preliminary sketch
plan application, provided that the site meets the minimum requirements
defined above.
(3)
The Planning Board may require that a land parcel,
meeting the minimum requirements under this section, be developed
in a cluster design provided that:
F.
Procedures.
(1)
These procedures may be followed at the discretion
of the Planning Board, if, in said Board's judgment, the application
of these procedures would benefit the Town.
(2)
The applicant under this section shall present two preliminary plats or two sketch plans at the time of application, under § 192-14 or 192-15 of the Town Code of Webster. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within the Town Subdivision of Land Ordinance. The other shall be a layout outlining development of the parcel in the form of a cluster development.
(3)
Upon submission of an application under this section, the applicant shall present all information required in § 192-16 of the Code of the Town of Webster, New York, supplemented by evidence of the consistency of the proposed cluster development with the criteria to be used by the Planning Board in rendering its decision. Such evidence shall include a written statement describing the natural features to be preserved or enhanced by the cluster approach. The statement should also compare the impacts upon the Town from a conventional subdivision layout to the impacts of the cluster development for which application is being sought.
G.
General design requirements.
(1)
A cluster development shall meet all requirements
for a subdivision in accordance with prevailing Town law and any other
federal, state and local law, with the exception of the minimum required
front and rear setbacks and lot size.
(2)
The minimum distance between structures on separate
lots which make up a cluster development shall be 15 feet with no
less than five feet of that distance being on each of the lots.
(3)
The minimum lot widths for lots in a cluster development
for each district shall be as follows:
| District | Minimum Lot Width (feet) | |
|---|---|---|
| R-1 | 95 | |
| R-2 | 75 | |
| R-3 | 75 | |
| BLE) |
(4)
Each building in a cluster development shall be an
integral element of an overall concept for the site. The concept should
take into consideration all requirements of this section and all other
relevant sections of this law and other Town legislation.
(5)
The overall development shall be oriented in such
a way as to maximize the preservation of environmental, cultural or
recreational resource(s) present at the site.
(6)
The area dedicated for open space purposes, including
playgrounds and parks, shall be in an amount, location, quality and
shape as is desirable for accessibility to all developed properties
and open space preservation, as determined by the Planning Board.
(7)
Where possible, all land not contained within the
lots, road rights-of-ways or designated preserve land shall be contiguous
and of such size and shape as to be usable for recreation and/or open
space.
H.
Permitted uses. Permitted uses in a cluster development
shall be the same as those allowed in the Town zoning district where
the development is proposed and located. The provisions of this section
shall not be deemed to authorize a change in the permissible use of
such lands as provided in the Zoning Ordinance applicable to such
lands.
I.
Open space.
(1)
All land not included in building lots or road rights-of-way
shall be designated as open space. At minimum, open space within a
development should equal or exceed the difference between the total
land area required for building lots under a conventional subdivision
and the total land area required for building lots under the proposed
cluster development.
(2)
Where a cluster development abuts a body of water,
a usable portion of the shoreline, as well as reasonable access to
it, should be a part of the open space.
J.
Action by the Planning Board.
(1)
The Planning Board, prior to acting on an application
for preliminary plat review, within the time limits established in
the Town Subdivision of Land Ordinance, shall refer all relevant information
of the application for review and comment to the Town Engineer, and
any other bodies, at its discretion. All and any comments on the application
received within the time limits established in the Town Subdivision
of Land Ordinance shall be reviewed and considered prior to Planning
Board action on the application.
(2)
The Planning Board shall approve a voluntary application
for cluster development, or mandate cluster development under a required
application, if the proposed development complies with the standards
of this and other relevant laws and if, in its opinion, based on review
of evidence about the site, traditional site layout would result in
the elimination or permanent alteration of at least 60% of one or
60% of any combination of the following attributes present on the
site:
(3)
In the event that the criteria listed above is not
met by the proposed development, the Planning Board may approve a
voluntary application for cluster development if, in its opinion,
the development of the site in a cluster design shall achieve one
or more of the following objectives:
(a)
The proposed cluster development shall protect
natural and scenic resources on, adjacent to or near the site, better
than conventional site layout.
(b)
The proposed cluster development shall contribute
to town-wide open space planning by creating or complementing a system
of permanently preserved open spaces.
(c)
Sufficient evidence has been presented by the
applicant to document that the proposed cluster development shall
foster housing for special sectors of the community, including those
groups identified in the Comprehensive Plan as populations which may
require special housing initiatives to meet their particular needs
(e.g., elderly residents, first-time homebuyers).
[Amended 7-17-2003]
K.
Reservation of open space lands.
(1)
As a condition of final plat approval of a cluster
development, a perpetual conservation easement and/or other rights
to property shall be placed on open space land which have the minimum
effect of restricting development permanently and allowing use of
such open land only for agriculture, forest management, active or
passive recreation, watershed protection, wildlife habitat or other
open space use and prohibiting residential, industrial or commercial
use, pursuant to the open space requirements of this law and the Town
Subdivision of Land regulations.
(2)
Open space created by the use of cluster development
shall be clearly labeled on the final plat as to its shape, use, ownership,
management, method of preservation and the rights to such land, if
any, of the property owners of the subdivision and the general public.
The plat should clearly identify that the open space is permanently
reserved for open space purposes and shall not be platted for building
lots. It shall indicate the book and page number of any conservation
easements or deed restrictions required to be filed to implement such
reservation of open space.
L.
Patio homes.
[Added 12-20-2001 by L.L. No. 7-2001]
(1)
It is desirable to allow patio home development within
the Town of Webster to preserve open space and provide housing to
accommodate senior citizens and small households.
(2)
"Patio home" defined: a freestanding single-family
home with an attached two-car garage, managed by a homeowners' association,
and which home is subject to the dimensions set forth below in this
subsection.
(3)
PATIO HOME PROJECT -- A parcel of at least 20 contiguous
acres devoted exclusively to patio homes, which shall be allowed in
all residential districts except LL Large-Lot Single-Family Residential.
[Added 7-18-2002 by L.L. No. 2-2002]
(4)
Dimensions of patio homes projects under this section:
[Amended 7-18-2002 by L.L. No. 2-2002]
(a)
Minimum acreage for any such project: 20 acres.
(b)
Minimum square footage for each home: 1,500
for single-story homes, and 1,700 for one-and-one-half- and two-story
homes.
(c)
Minimum side setback: five feet.
(d)
Minimum front and rear setbacks: 30 feet.
(e)
Minimum distance between homes: 15 feet.
(f)
Minimum lot size: 9,000 square feet.
(g)
Minimum lot width: 60 feet.
(h)
Minimum front setbacks from the center line
of a private road: 45 feet.
(5)
One-half or 50% of every such project shall be dedicated
to, or remain, open space, exclusive of all easements, restrictions,
dedicated and/or private roads, licenses, reservations and rights-of-way.
[Amended 7-18-2002 by L.L. No. 2-2002]
[Amended 5-7-2004 by L.L. No. 1-2004]
A.
If final approval of a subdivision plat has expired pursuant to § 192-19B, and if the applicant desires to proceed with the project, the applicant shall be required to reapply for preliminary and final approval.
B.
An application may be made to the Planning Board for
an extension of final approval prior to the expiration of such final
approval with sufficient time to allow the required publication and
notice and public hearing prior to the expiration of said final approval.
Such public hearing shall be held to consider whether such extension
shall be granted. The Planning Board may require additional conditions
or modifications to said final approval.
[Added 10-18-2001 by L.L. No. 6-2001]
An application which has received final site
plan approval within one year of the enactment of any change to the
Webster Town Code will have one year to commence meaningful construction,
as determined by the Planning Board, from the date of that final site
plan approval. If final approval of any phase is received before adoption
of the new legislation, and meaningful construction has occurred within
one year after final approval has been granted, then the original
code section will apply to the application.
