Land transactions and development upon the land
takes many forms. The Town has recognized this by developing several
different types of development review, the scope of which is determined
by the amount of information necessary to make sound decisions in
order to protect the interest of the Town and its citizens. This Article
describes procedures for major subdivisions, minor subdivisions, one-lot
subdivisions, lot-line adjustments and resubdivisions. This Article
also describes design and performance standards for all subdivisions
within the Town. Applicants are encouraged to meet with the Executive
Secretary of the Planning Board prior to initiating a development,
land purchase for the purpose of development or land division in accord
with these provisions.
The following general procedure will be followed
for major subdivisions, workshop meetings, concept plan (optional),
preliminary plat and final plat approval. All major subdivisions will
go to the Planning Board and have a public hearing.
A.
Workshop review requirements. A subdivider is encouraged
to appear before the Development Review Committee to discuss his/her
proposal with it and receive information as to the direction to proceed
in. The Town may want to include other boards' members in the review,
as well as other Town staff. At this time it may also be possible
to indicate to the subdivider what data he would need to supply for
review of his proposal by the Planning Board. At the option of the
subdivider, he or she may request a meeting with the Planning Board.
(1)
Before preparing a concept plan, the subdivider may
discuss with the Development Review Committee general requirements
as to design of streets, reservations of land, Town access control
policy, drainage and erosion control and slope stabilization measures,
water retention facilities, sewerage, water supply, fire protection
and other improvements, as well as procedural matters. Notice requesting
to appear informally in front of the Planning Board shall be received
by the Executive Secretary of the Planning Board on or before the
regularly scheduled Planning Board meeting.
(2)
Subdividers of land adjoining state or county highways
are advised to consult with the District Engineer of the New York
State Department of Transportation or the County Department of Transportation
Permit Office at the sketch plan stage in order to resolve problems
of street openings or stormwater drainage at the earliest possible
stage in the design process.
(3)
Where public utilities are involved, the subdivider's
engineer should contact the agencies for connection specifications,
capacities and any other requirements of the respective agencies.
(4)
The Development Review Committee shall study the concept
plan in relation to existing or potential development of the adjacent
area, the Town Master Plan and, in the course of its review, may consult
with other interested public agencies. Requirements for compliance
with the State Environmental Quality Review Act[1] shall be discussed at this point.
[1]
See § 8-0101 et seq., of the Environmental
Conservation Law.
B.
Concept plan review requirements.
(1)
The purpose of this step is to afford the subdivider
or developer the opportunity to consult, early and informally, with
the Planning Board in order to save time and money and to make the
most of opportunities for desirable development.
(2)
When filing an application for approval of a subdivision
or development, the applicant shall prepare a sketch plan for submittal
to the Planning Board. The concept plan shall be accompanied by a
fee as specified by the Town Board by resolution. Twenty copies of
the concept plan shall be submitted to the Planning Board and shall
comply with the requirements set forth in this chapter. One copy of
the concept layout shall be returned to the subdivider with the Planning
Board's comments; one copy shall be retained by the Planning Board;
and 18 copies shall be used for necessary coordination with other
consultants or agencies.
C.
Preliminary plat review requirements.
[Amended 9-24-2003 by L.L. No. 16-2003]
(1)
A preliminary plat shall be prepared and submitted
to the Planning Board for all proposed subdivisions. The preliminary
plat shall be clearly marked "preliminary plat," shall satisfy the
requirements for preliminary layouts as described in this section
and should comply with the recommendations made by the Planning Board
in its report on the sketch plan, if any. An environmental assessment
form shall also be submitted at this time. An appropriate number of
copies of the preliminary plat and supplemental materials specified
shall be submitted to the Planning Department. One copy of the preliminary
plat shall be returned to the applicant with the notification of decision,
one copy shall be retained by the Planning Board and the other copies
shall be used for necessary coordination with other consultants or
agencies. The Planning Board shall study the preliminary plat in connection
with the topography of the area, existing requirements of the Comprehensive
Development Regulations, the Master Plan and any other plans of the
Town and the Town Official Map, if any, and shall take into consideration
the general requirements of the Town. In reviewing a preliminary plat,
the Planning Board shall consult with the Town Engineer and such other
officials or agencies as may be appropriate in each case. The Town
Engineer shall report to the Planning Board concerning the adequacy
of engineering features shown on the preliminary plat. As much as
is possible, the Town Engineer should receive his copy of the preliminary
plans for review at least two weeks prior to the date of the public
hearing on the preliminary plan.
(2)
Monroe County Department of Planning and Development
Review; establishing a public hearing date. Upon receipt of a complete
and satisfactory preliminary plat application as certified by the
Executive Secretary to the Planning Board, the Planning Board shall,
pursuant to §§ C5-2B(5) and C5-4 of Article V of the
Monroe County Charter, or such other sections or articles as may be
applicable, refer six copies of said plat to the Monroe County Department
of Planning and Development for its review and report and schedule
a public hearing within 60 days after the receipt of such preliminary
plat by the Executive Secretary of the Planning Board. The notice
of hearing shall be advertised at least once and no less than five
days before such hearing.
(3)
Action by Planning Board. Within 60 days after the
date of such hearing, the Planning Board shall approve, with or without
modification, or disapprove such preliminary plat. The grounds for
a modification or disapproval, if any, shall be stated upon the records
of the Planning Board. Notwithstanding the foregoing provisions of
the chapter, the time in which the Planning Board must take action
on such plat may be extended by mutual consent of the subdivider and
the Planning Board. When approving a preliminary plat, the Planning
Board shall state in writing any modification it deems necessary prior
to submission of the plat in final form.
(4)
Notification of decision. Within 10 days of the decision
on the preliminary plat, the Executive Secretary of the Planning Board
shall notify the subdivider of the Planning Board’s decision
to grant or deny approval of the plat. In the event the Planning Board
fails to take action on preliminary plat within the time prescribed
therefor, such plat shall be deemed to have been granted preliminary
approval. The certificate of the Town Clerk as to the date of submission
and the failure to take action within such prescribed time shall be
issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
D.
Final subdivision plat review requirements:
(1)
After receiving approval with or without modification,
from the Planning Board on a preliminary plat, the applicant shall
prepare a final subdivision plat and submit them to the Planning Board
for approval along with the remainder of the subdivision review fee;
except that if more than six months has elapsed between the time of
the Planning Board's decision on the preliminary plat and the submission
of the final subdivision plat, and the Planning Board finds that conditions
affecting the plat have changed significantly in the interim, the
Planning Board may require a resubmission of the preliminary plat
for further review and possible revision prior to accepting the proposed
final subdivision plat for review. In this case, a public hearing
shall be held on the revised plan. The final subdivision plat shall
conform substantially to the preliminary plat as approved with or
without modifications (conditionally approved) by the Planning Board.
It shall incorporate any modifications or other features that may
have been recommended by the Planning Board at the preliminary plat
stage, and all such compliances shall be clearly indicated by the
subdivider on the appropriate submission. The Planning Board shall
consult with all the agencies and/or persons at the local levels who
will have to approve features of the plat as may be appropriate depending
on the individual circumstances. If the subdivider wishes to develop
the subdivision in stages, he may prepare and submit a subdivision
plat for a portion of the area encompassed by the preliminary plat,
provided that the proposed development stages were indicated on the
preliminary plat reviewed by the Planning Board. However, no more
than two individual sections of a subdivision shall be in process
or under construction at the same time.
(2)
Application for subdivision plat. An appropriate copy
of final plans and other exhibits required for approval, and as described
in the Design Criteria and Construction Specifications,[2] shall be submitted for the application for approval. When
submitting a subdivision plat for approval, the subdivider shall also
file with the Planning Board formal offers of dedication to the Town
or other appropriate public agencies of all streets, parks and playgrounds
and other permanent open spaces for community use and storm drainage
facilities and other utilities where appropriate as shown in the subdivision
plat. The approval of the plat does not constitute an acceptance by
the Town of the dedication of those facilities. Also, evidence of
all necessary easements or easement documents if appropriate, for
stormwater discharge, sanitary sewer and water, petitions for creation
of any needed special districts or any other legal documents that
may be requested by the Planning Board should be submitted with the
final subdivision plat.
[Amended 9-24-2003 by L.L. No. 16-2003]
[2]
These specifications are on file in the Department
of Public Works office.
(3)
Public hearing. Within 45 days from the date of the
submission of a plat in final form for approval by the Planning Board,
a hearing shall be advertised at least once in the official Town newspaper
at least five days before such hearing; provided, however, that when
the Planning Board deems the final plat to be in substantial agreement
with the approved preliminary plat modified in accordance with any
recommendation accompanying such approval, the Planning Board may
waive the requirements for a public hearing.
(4)
Notification of decision. The Planning Board shall
by resolution conditionally approve, with or without modifications,
disapprove or grant final approval and authorize the signing of such
plat within 45 days of its receipt by the Clerk of the Planning Board
if no such hearing is held, or in the event that such hearing is held,
within 45 days after the date of such hearing. Notice of action shall
be mailed to the applicant and filed in the Town Clerk's office within
five days of the date of Planning Board action. Notwithstanding the
foregoing provisions of this chapter, the time in which the Planning
Board must take action on such plat may be extended by mutual consent
of the subdivider and the Planning Board. In the time prescribed therefor,
the plat shall be considered approved; a certificate of the Town Clerk
as to the date of submission and the failure to take action within
such prescribed time shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval herein
required. The action of the Planning Board shall be recorded in the
Board's minutes. In case of disapproval of a proposed subdivision
plat, the Planning Board shall have in its minutes its reasons for
disapproval.
(5)
Building permits. No construction of any sort, site
improvements or building permit for any permanent building within
the subdivision shall be issued by the municipality until after the
record sheet of the subdivision plat has been approved by the Planning
Board, has been filed in the office of the Monroe County Clerk and
liber and page numbers have been assigned by the County Clerk. Where
a permit is desired for the occupancy of a building in the subdivision
prior to the completion of all the improvements shown on the approval
construction sheet of the subdivision plat, in addition to other requirements
of the Town, the street serving the building shall be completed to
a degree satisfactory to the Town Engineer.
(6)
Conditional approval. Upon resolution of conditional
approval of such final plat, the Planning Board shall empower the
Executive Secretary of the Planning Board to sign the plat subject
to completion of such requirements as may be stated in the resolution.
Upon completion of such requirements, the plat shall be signed by
Executive Secretary of the Planning Board. Conditional approval of
a final plat shall expire six months after the date of resolution
granting conditional approval, unless all such requirements have been
completed. Notwithstanding the foregoing provisions of this chapter,
the Planning Board may extend the time in which a conditionally approved
plat in final form must be submitted for signature, if in its opinion
such extension is warranted by the particular circumstances thereof,
for no more than one additional period of six months.
[Amended 9-24-2003 by L.L. No. 16-2003]
(7)
Signing of the plat.
(a)
Upon review and approval of the construction
detail sheets and the final plat, the Executive Secretary of the Planning
Board shall sign the plat and return it to the Planning Board or applicant's
engineer. The proposed final plat shall be properly endorsed by the
State Health Department as meeting the standards a of the State Sanitary
Code, Public Health Law or other applicable health code, and endorsed
by the State Department of Environmental Conservation in areas applicable
to its jurisdiction. The plat should be in final form before State
Health Department approval. Once the authorized official has ascertained
that all requirements have been satisfied and all other signatures
obtained, he/she may sign the final plat.
(b)
Every final plat submitted to the Planning Board
for its approval shall carry the following endorsement:
|
Approved by Resolution of the Planning Board
of the Town of Brighton, New York, on the day of, 20, subject to all requirements and conditions
of said resolution. Any change, erasures, modification or revision
of the plat, as approved, shall void this approval.
Signed this day of, 20, by
Executive Secretary
|
(c)
In the absence of the Executive Secretary, the
Acting Executive Secretary may sign in his/her place. If there is
an Official Map, such endorsement shall stipulate that the plat does
not conflict with the Official Map, or, in most cases where the plat
does front on, or have access to, or is otherwise related to roads
or drainage systems shown on the Monroe County Map, that such plat
has been approved by the County Planning Board in the manner specified
by § 239-k of the General Municipal Law.
(8)
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any final plat after approval
has been given by the Planning Board and endorsed, in writing, on
the plat. In the event that a final plat, when recorded, contains
any such changes, the plat shall be considered null and void, and
the Planning Board shall institute proceedings to have said plat stricken
from the records of the County Clerk.
(9)
Expiration of approval. An approved plat must be filed
in the County Clerk's office within 60 days from the date of the signature
of the Executive Secretary of the Planning Board or the certificate
of the Town as to the date of the submission of the final plat and
failure of the Planning Board to take action thereon within the time
prescribed. If it is not, the approval expires, and the plat must
be reapproved by the Planning Board. In the event that the owner shall
file only a section of such approved plat in the office of the County
Clerk, the entire approved plat shall be filed within 60 days of the
filing of such section with the Town Clerk. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plat, and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of Subdivision (2) of § 265-a of the Town Law.
(10)
Improvements and letter of credit. Prior to an action
by the Planning Board approving a final plat, the applicant shall
be required to complete, in accordance with the Planning Board's decision
and to the satisfaction of the appropriate Town departments, all the
street, sanitary and other improvements specified in the action approving
said plat or, as an alternative, to file with the Town Board a letter
of credit, in an amount estimated by the Commissioner of Public Works
with the approval of the Town Attorney, to secure to the Town the
satisfactory construction and installment of the incomplete portion
of the required improvements. A period of one year, or such other
period as the Planning Board may determine appropriate, within which
required improvements must be completed, shall be specified by the
Planning Board and expressed in the letter of credit. Such letter
of credit shall comply with the requirements of § 277 of
the Town Law and shall be satisfactory to the Town Board as to form,
sufficiency and manner of execution. The letter of credit shall provide
that an amount determined adequate by the Commissioner of Public Works
with the approval of the Town Attorney shall be retained for a period
of one year after the date of completion of the required improvements
to assure their satisfactory condition. All required improvements
shall be made by the applicant at his expense without reimbursement
by the Town or any district therein, unless alternatively provided
for in accord with provisions of § 277, Subdivision 1-a,
of the Town Law. Said improvements shall include the following, as
well as those improvements listed in said section and in the Town
of Brighton Minimum Specifications for Dedication,[3] and other sections of this chapter:
(a)
Streets and streetlighting facilities.
(b)
Street signs.
(c)
Curbing and gutters.
(d)
Grass curb strips.
(e)
Sidewalks.
(f)
Street shade trees.
(g)
Monuments.
(h)
Stormwater runoff system.
(i)
Sanitary sewage collection system or approved
alternate, such as on-site sewage disposal systems.
(j)
Water supply system, if water is available,
or private wells.
(k)
Park and recreation facilities.
(l)
Electrical, gas, telephone and utility lines.
(m)
Plantings and ground cover.
(n)
Driveway aprons.
[3]
These specifications are on file in the Department
of Public Works office.
(11)
Building permits.
(a)
No construction of any sort, site improvements
or building permit for any permanent building within the subdivision
shall be issued by the Town until after the record sheet or the subdivision
plat has been approved by the Planning Board and has been filed in
the office of the Monroe County Clerk and liber and page numbers have
been assigned by the County Clerk. Where a permit is desired for the
occupancy of a building prior to the completion of all the improvements
shown on the approved construction sheet of the subdivision plat,
in addition to other requirements of the Town, the street serving
the building shall be completed to a degree satisfactory to the Commissioner
of Public Works or designee.
(b)
In the event of default of compliance with the
conditions of this chapter and any other applicable laws, such credit
shall be forfeited to the Town. The Town shall return to the applicant
any amount that is not needed to cover the costs of restoration, administration
and any other expenses incurred by the Town as a result of the applicant's
default. Such credit shall continue in full force and effect until
a request is made by the subdivider to the Town Supervisor for a release
from the letter of credit. The Supervisor shall then submit the request
by letter to the Commissioner of Public Works for his recommendation.
Upon receipt of said recommendations, the Supervisor may authorize
release up to 90% of the total letter of credit. Before the Commissioner
can recommend a ninety-percent storm drainage guaranteed release,
he shall require a signed statement from a licensed professional engineer
to the effect that the job is complete according to plans and specifications,
the job has been inspected by a licensed professional engineer, and
all storm sewers have been successfully balled or lamp tested. Before
the final ten-percent release can be requested by the subdivider of
the subdivision, a maintenance bond covering two years and equal to
10% of the cost of the project shall be posted, and any public roads
shall be dedicated to the Town of Brighton. When this has been done,
the Supervisor shall again submit letters to the Commissioner of Public
Works for his recommendation, after which the Supervisor submits his
sign-off letter to the Town Board indicating final release of said
letter of credit.
(12)
Inspection of improvements. The Town shall employ
an inspector to act as agent of the Planning Board for the purpose
of assuring the satisfactory completion of improvements required by
the Planning Board and shall determine an amount sufficient to defray
the costs of inspection. The applicant shall pay the Town costs of
inspection before the final plat is signed for filing. If the Planning
Board or its agent finds, upon inspection, that any of the required
improvements have not constructed in accordance with Planning Board
recommendations or the approved construction detail sheets, the applicant
and the bonding company will be severally and jointly liable for the
costs of completing the said improvements according to specifications.
All minor subdivisions will go through the following
procedure: workshop meetings, preliminary plat and final plat approval.
Final plat approval may be combined with preliminary at the discretion
of the Planning Board.
A.
Guidelines:
(1)
The Planning Board shall approve or disapprove minor
subdivision final plats in accordance with the provisions of this
section.
(2)
The applicant for minor subdivision plat approval, before complying with Subsection B of this section, shall submit a concept plan to the Executive Secretary for a determination of whether the approval process authorized by this section can be and should be utilized. The Executive Secretary may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of a Tax Map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years.
(3)
The Executive Secretary shall coordinate the review
of a minor subdivision with the Building Inspector, the Fire Marshal,
the Town Engineer, the Conservation Board and any other municipal
agencies deemed necessary.
(4)
The Executive Secretary may require a series of submittal
conforming to those for major subdivisions, but may waive data requirements
for good cause.
(5)
Applicants for minor subdivision approval shall submit
to the Executive Secretary copy of a plat (as well as six prints of
such plat), except that a minor subdivision plat shall contain the
following certificates in lieu of those required:
(6)
The Executive Secretary shall take an application for minor subdivision plat approval as provided in Subsection B of this section to the Planning Board. However, the Planning Board may at any time refer the application to the major subdivision approval process.
(7)
Not more than a total of three lots may be created
out of one parcel using the minor subdivision approval process, regardless
of whether the lots are created one at a time or over a period of
five years.
(8)
Subject to Subsection B of this section, the Planning Board shall approve, deny or conditionally approve the proposed minor subdivision by signature on the plat. Upon receipt of the final subdivision plat shall be signed by the Executive Secretary of the Planning Board on behalf of the Town.
(9)
If the subdivision is disapproved, the Planning Board
shall promptly furnish the applicant with a written statement of the
reasons for disapproval.
(10)
Approval of any plat is contingent upon the plat being
recorded within 60 days after the date of certificate of approval
is signed by the Executive Secretary.
(11)
Construction and/or bonding of improvements shall
be in accord with major subdivision procedures.
B.
Procedures:
(1)
The applicant shall review the proposal with the Executive
Secretary to determine what zoning restrictions may apply to that
particular parcel, if the parcel involves any wetland limits, one-hundred-year
flood zone or would require SEQR review.
(2)
The applicant must submit a site plan, properly prepared by a professional engineer or a land surveyor, licensed to practice in the State of New York, showing the information outlined in Specifications for preliminary plats, § 213-9. The proposed house and driveway location should be indicated along with all pertinent information.
[Amended 5-22-1996 by L.L. No. 2-1996]
(3)
Where easements are required for items such as utilities,
access or drainage, these must also be shown. The actual offer of
easement shall be prepared by the Commissioner of Public Works and
Town Attorney and submitted for review by the Planning Board.
(4)
The plan must then be submitted to the following agencies
for approval and signatures where necessary:
(a)
Monroe County Water Authority.
(b)
Monroe County Health Department.
(c)
Monroe County Pure Waters, if on public sewers.
(d)
Monroe County Department of Transportation,
if the proposed driveway will enter a county highway.
(e)
New York State Department of Transportation,
if the proposed driveway will enter a state highway.
(6)
When all the requirements are met and certification
in writing from the Conservation Board has been received, the plan
shall be signed by the Executive Secretary and reported to the Planning
Board. Application can then be made for a building permit.
[Added 3-25-2009 by L.L. No. 1-2009]
A.
Purpose and intent. Pursuant to § 278 of the New York State Town Law, and as authorized in § 201-1 of the Town of Brighton Comprehensive Development Regulations, the Planning Board may consider an application for approval of cluster development (as defined in § 278 of the New York State Town Law) consisting of lots that do not comply with certain zoning requirements. The purpose of authorizing the use of cluster development is to enable and encourage the flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands, including environmentally sensitive areas, consistent with the goals and objectives of the Town of Brighton Comprehensive Plan.
B.
General provisions.
(1)
The Planning Board alone shall make the determination whether
to use clustering. This procedure may be followed at the discretion
of the Planning Board if, in said Board's judgment, its application
will benefit the Town.
(2)
All applicants for cluster development shall submit an application
for concept plan review, including both a conventional subdivision
plan and a cluster subdivision plan, to the Planning Board.
(3)
The Planning Board shall determine during concept review whether
an applicant shall be allowed to proceed with an application for cluster
development. To proceed, the Planning Board must determine that one
or more of the following conditions are met:
(a)
Designated Environmental Protection Overlay District (EPOD)
areas, New York State or federal wetland areas, and/or properties
designated as historic landmarks exist on or adjacent to the parcel;
(b)
The land to be developed is contiguous to a public recreational
area, parkland or permanently protected open space;
(c)
Preservation of areas identified in the Comprehensive Plan or
determined by the Town Board to be important views or significant
community open space will be ensured;
(d)
The clustering of development will provide for the more economical
and efficient provision of municipal utilities and road services;
(e)
The specific goals and policy recommendations of the Comprehensive
Plan will be directly accomplished or advanced; or
(f)
Significant environmental impacts identified through the State
Environmental Quality Review Act (SEQRA) process may be mitigated.
(4)
Once it has been determined that the application for cluster
development may proceed, the procedure for review of a major subdivision
shall be followed, except as that procedure may be modified in this
section.
(5)
Uses permitted in a cluster development shall be limited to
those uses allowed in the applicable zoning district(s) (e.g., attached
housing units shall not be allowed in a district that limits housing
to detached units).
(6)
Normal zoning requirements consistent with the Comprehensive
Development Regulations, specifically relating to setbacks and buffering,
shall apply to areas adjacent to neighboring parcels of land.
(7)
The setting aside of open space in a clustered subdivision shall
in no case preclude the Planning Board from requiring the dedication
of parks, playgrounds or recreation lands, or the payment of fees
in lieu of land, within a subdivision pursuant to a Town of Brighton
Town Board resolution adopted on August 12, 1986, and as the same
may have been amended thereafter.
For a resubdivision, the same procedure shall
apply as for a subdivision. If the proposed resubdivision consists
solely of the simple alteration of lot lines where no additional lots
would be created, then normal subdivision procedures may be waived
at the discretion of the Executive Secretary. A statement indicating
such shall be part of the Board's record on the subdivision. Notification
of the purpose for the division (i.e., lot-line adjustment) shall
be shown on the plat and in the deeds. Tax numbers shall be reassigned
to the new legal descriptions.
One-lot subdivisions may be dealt with in the
same manner as lot-line adjustments. However, either the applicant
or the Executive Secretary may request the one-lot subdivision be
reviewed by the Planning Board subject to the requirements for major
subdivisions.
