§ 245-3. Application procedures., Chapter 245. Subdivision of Land, Code of Ordinances, Henrietta

Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made by lot numbers and before any permit for the erection of a structure shall be granted, the subdivider or owner thereof or agent shall apply in writing to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications in §§ 245-4, 245-5 and 245-6 of these regulations. Due to the detailed nature of the information required for the consideration of a preliminary plat, a preapplication conference procedure is available to the subdivider where he is given opportunity to discuss his project with the Board in order to determine its requirements before engaging technical help. (This is a practical necessity where the project is a large one or where the developer is unfamiliar with such regulations.)

The preliminary plat, topographic map, street profiles and formal subdivision plat and all procedures relating thereto shall in all respects be in full compliance with the provisions of §§ 276, 277 and 278 of the Town Law of the State of New York and these regulations except where variation may be specifically authorized by the Board.

A number of copies, as required by the Secretary of the Board, of the preliminary plat, as described in § 245-5, designated as such at the scale of not more than 100 feet to the inch, topographic map at the same scale and proposed street profiles at appropriate scales shall be filed with the Board. The Board shall then study the preliminary layout and proposed street profiles in connection with the topography of the area, the existing requirements of Chapter 295, Zoning, if any, the Comprehensive Land Use Plan, Chapter 125, Flood Damage Prevention, Chapter 103, Environmental Quality Review, and the Official Map, if any, and shall take into consideration the general requirements of the community and the best use of the land to be subdivided. Particular attention shall be given to matters enumerated in § 277 of the Town Law as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connections and the suitability of the land for the type of development permitted within the zoning district as well as the impact on adjoining lands.

[Amended 6-20-2001 by L.L. No. 3-2001]

The Planning Board shall follow the procedures of Town Law § 276, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plat.

[Amended 6-20-2001 by L.L. No. 3-2001]

Within six months of the approval of the preliminary plat, the applicant must submit the plat in final form. If such plat is not so submitted, approval of the preliminary plat may be revoked by the Board. The final plat drawings shall be submitted on tracing cloth sheets at scales as required by the Board and the Director of Engineering and Planning. If the subdivision cannot be shown on one sheet, an additional drawing shall be submitted at an appropriate scale showing the entire subdivision.

(1)

The Planning Board shall follow the procedures of Town Law § 276, Subdivision 6, to approve, approve with conditions or disapprove the final plat.

[Amended 6-20-2001 by L.L. No. 3-2001]

(2)

The approval time may be extended by mutual consent of the applicant and the Board. In the event that the Board does not take action within the time limits mentioned above, the plat shall be deemed approved. Prior to granting conditional or final approval of a plat, the Board may permit the plat to be subdivided into two or more sections and may state such requirements as it deems necessary to ensure that the orderly development of the plat is completed before such sections may be signed by the duly authorized Board officer. Conditional or final approval of the sections of a final plat, subject to any conditions imposed by the Board, shall be granted concurrently with conditional or final approval of the plat. Such approval shall, however, not be deemed final until the subdivider has complied with the following subsection.

The subdivider will be required to complete, in accordance with the Board's decision, to the satisfaction of the Director of Engineering and Planning, all the improvements specified in § 277 of the Town Law and not specifically waived by the Board or, alternately, to file with the Town Board a letter of credit or other security complying with such § 277 of the Town Law satisfactory to the Town Board as to form, sufficiency and manner of execution and surety for the completion of such improvements as are not constructed and approved by the Director of Engineering and Planning prior to the approval of the plat. The Board will require a certificate from the Director of Engineering and Planning or other duly designated official as to the satisfactory character of improvements completed and from the Town Attorney or other designated legal advisor as to the adequacy of the security which may be proffered. The subdivider will be required to tend offers of cession in a form certified as satisfactory by the Town Attorney of all land included in streets, highways or parks, not specifically reserved by him, but approval of the plat by the Board does not constitute an acceptance by the Town of the dedication of any street, highway, park or other public open space.

The signature of the duly authorized officer of the Board constituting final approval by the Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or register of the county in which such plat or plats are located, if such plats are entirely or partially undeveloped, or the certificate of the Town as to the date of the submission of the final plat and the failure of the Board to take action thereon within the time prescribed shall expire within 62 days from the date of such approval or from the date such certificate is issued, unless within such sixty-two-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the Monroe County Clerk.

[Amended 6-20-2001 by L.L. No. 3-2001]