PART II, GENERAL LEGISLATION

Chapter 161, SUBDIVISION OF LAND

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 11-18-1991. Amendments noted where applicable.]

GENERAL REFERENCES
Building Code administration and enforcement -- See Ch. 70.
Environmental quality review -- See Ch. 89.
Excavations -- See Ch. 93.
Zoning -- See Ch. 190

ARTICLE I, General Provisions

§ 161-1. Approval of plats.

  1. By the authority of the resolution of the Village Board of the Village of Honeoye Falls, pursuant to the provisions of Article 7 of the Village Law of the State of New York, the Planning Board of the Village of Honeoye Falls is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways; to approve the development of entirely or partially undeveloped plats already filed in the Office of the Clerk of Monroe County; and to conditionally approve preliminary plats within the Village.
  2. The Village Board of the Village of Honeoye Falls further authorizes the Planning Board, pursuant to § 7-738 of the Village Law of the State of New York, simultaneously with the approval of a plat or site plan, to modify applicable provisions of the Village of Honeoye Falls Zoning Regulations.

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§ 161-2. Policy.

It is declared to be the policy of the Planning Board to consider land subdivision and development as part of a plan for the orderly, efficient and economical development of the Village and in a manner that is reasonable and in the best interests of the community. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the Village of Honeoye Falls and neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Comprehensive Plan and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds.

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§ 161-3. Preservation of existing features.

Insofar as possible, all existing features of the landscape, such as large trees, woodlots, steep slopes, rock outcrops, water courses, historic sites and other irreplaceable assets, should be preserved through an imaginative design of the subdivision.

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§ 161-4. Title.

In order that land subdivision may be made in accordance with this policy, these regulations, which shall be known as and which may be cited as the "Village of Honeoye Falls Land Subdivision Regulations," have been adopted by the Planning Board on November 7, 1991, and approved by the Village Board on November 18, 1991.

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§ 161-5. Definitions.

For the purposes of these regulations, certain words and terms used herein are defined as follows:

ACCESSORY USE, BUILDING OR STRUCTURE -- A subordinate use, building or structure customarily incidental to and located on the same lot occupied by the main use, building or structure. The term "accessory building" may include a private garage, garden shed, a private playhouse and a private greenhouse.

BUILDING -- A structure with a roof supported by columns or walls having a horizontal area of more than 50 square feet. [Added 6-15-1998 by L.L. No. 3-1998]

BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade at the front building line to the highest point of the roof.

BUILDING LINES -- The legally established lines within a lot in which Chapter 190, Zoning, allows development. The front setback line shall be measured from the existing or proposed highway right-of-way line.

BUFFER AREA -- A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

CONDOMINIUM -- An ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land facilities (common elements), is owned by all homeowners in the development. The owner has title to the individual dwelling and a shared interest in the common element.

COURT, DEPTH OF -- The maximum horizontal dimension at right angles with the width. [Added 6-15-1998 by L.L. No. 3-1998]

COURT, HEIGHT OF -- The greatest vertical distance measured from the lowest level of such court up to the roof of the building. [Added 6-15-1998 by L.L. No. 3-1998]

COURT, INNER -- A court enclosed on all sides by exterior building walls or by exterior walls and lot lines on which walls are allowable. [Added 6-15-1998 by L.L. No. 3-1998]

COURT, OUTER -- A court extending to a street line or opening upon any front, side or rear yard. [Added 6-15-1998 by L.L. No. 3-1998]

COURT, WIDTH OF -- The horizontal dimension parallel to the principal open side, in the case of an outer court, and the least horizontal dimension, in the case of an inner court. [Added 6-15-1998 by L.L. No. 3-1998]

CUL-DE-SAC -- A street or a portion of a street with only one vehicular outlet.

DWELLING -- A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises. [Added 6-15-1998 by L.L. No. 3-1998]

DWELLING, MULTIPLE -- A building or portion thereof containing more than two dwelling units. [Added 6-15-1998 by L.L. No. 3-1998]

DWELLING UNIT -- One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.

EASEMENT -- The lands created through authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

ENVIRONMENTAL PROTECTION OVERLAY DISTRICTS (EPOD) -- These districts and the regulations associated within them are designed to preserve and protect unique or sensitive environmental features within the Village, including but not limited to wetlands, steep slopes, floodplains, watercourses and woodlots. These regulations are not intended to be substituted for other general zoning district provisions, but should be considered as additional regulations to be met by the applicant or developer prior to project approval.

FAMILY -- One or more persons living together as a single housekeeping unit.

FIRM -- Flood Insurance Rate Map as prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Village Building Inspector.

FLOODPLAIN -- Any land area susceptible to be inundated by water from the base flood. That area designated as subject to flooding from the one-hundred-year flood on the Flood Boundary and Floodway Map prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Village Building Inspector.

FLOODWAY:

  1. The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
  2. That area designated as a floodway on the "Flood Boundary and Floodway Map" prepared by the United States Department of Housing and Urban Development, a copy of which is on file with the Village Building Inspector.

FLOOD LEVEL, ONE-HUNDRED-YEAR -- The highest level of flood that, on the average, is likely to occur once every 100 years, as determined in the United States Department of Housing and Urban Development Federal Insurance Administration Flood Insurance Study for the Village of Honeoye Falls.

HOMEOWNERS' ASSOCIATION -- A private, nonprofit corporation of homeowners for the purpose of owning, operating and maintaining various common properties.

IMPERVIOUS SURFACE -- A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

LOT -- A parcel of land exclusive of street areas used or designed to be used by one permitted use or structure, or by a permitted related group of uses or structures, and the accessory uses or structures customarily incidental thereto, including such opens spaces as are arranged or designed and required in connection with such structure or structures. A "lot" may or may not be the land shown as a single lot on a duly recorded plat or other official record.

LOT AREA -- The total horizontal area included within lot lines. [Added 6-15-1998 by L.L. No. 3-1998]

LOT, CORNER -- A lot at the junction of and fronting on two or more intersecting streets. [Added 6-15-1998 by L.L. No. 3-1998]

LOT COVERAGE -- The percentage of the area of the lot covered by a building or buildings.

LOT, INTERIOR -- Any lot other than a corner lot. [Added 6-15-1998 by L.L. No. 3-1998]

LOT LINE -- Any boundary of a lot. Any "lot line" not a rear lot line nor a front lot line shall be deemed a side lot line.

LOT LINE, FRONT -- The street right-of-way line at the front of the lot. On a corner lot, the owner may specify the "front lot line" on the plat plan.

LOT LINE, REAR -- The lot line opposite to the front lot line. [Added 9-16-1996 by L.L. No. 6-1996]

LOT, THROUGH -- A lot extending from one street to another. [Added 6-15-1998 by L.L. No. 3-1998]

LOT WIDTH -- The dimension measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth. [Added 9-16-1996 by L.L. No. 6-1996]

MOBILE HOME -- A movable single-family dwelling originally equipped with or having a vehicular chassis and provided with all the following mechanical systems and equipment: plumbing, heating, electrical, cooking, and refrigeration.

NET AREA -- That area remaining after excluding required streets, roads and undeveloped open space, but including parking space, patios and developed open space. [Added 6-15-1998 by L.L. No. 3-1998]

OPEN SPACE -- An area that is intended to provide light and air and is designated for either environmental, scenic or recreational purposes. "Open space" shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel, as well as detention or detention ponds. In no event shall any area of a developable lot nor any part of an existing or future road or right-of-way be counted as constituting open space.

PARKING AREA -- A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration. [Added 6-15-1998 by L.L. No. 3-1998]

PARKING SPACE -- A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

SCREENING -- The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.

SIGN -- Any display of lettering, logos, colors, lights or illuminated neon tubes, visible to the public from outside a building or from a traveled way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted or goods, products, services or facilities available, either at the premises upon which the sign is located or on any other premises. [Amended 6-15-1998 by L.L. No. 3-1998]

STREET -- Any federal, state, county or municipal highway or road or any street shown upon a subdivision plat filed in the County Clerk's office.

STREET LINE -- The dividing line between a lot and a street right-of-way. [Added 6-15-1998 by L.L. No. 3-1998]

STRUCTURE -- Anything constructed or erected on or under the ground or upon another structure or building. [Added 6-15-1998 by L.L. No. 3-1998]

SUBDIVISION -- The division of a tract of land into two or more lots, building sites or other division for the purpose of sale, lease, transfer or building development.

TOWNHOUSE -- An individually owned dwelling unit which is one of a series of units and having a common party wall between each adjacent unit, each with a private outside entrance.

VARIANCE -- A variance will be reviewed and considered in accordance with § 7-712-B of the Village Law of the State of New York. [Amended 9-16-1996 by L.L. No. 6-1996]

WATERCOURSE -- Any natural or man-made channel in which a flow of water occurs.

YARD, FRONT -- An open unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building and the front lot line of the lot, and extending from side lot line to side lot line. [Added 6-15-1998 by L.L. No. 3-1998]

YARD, REAR -- A space on the same lot with a building, situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line. [Added 6-15-1998 by L.L. No. 3-1998]

YARD, SIDE -- An open unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard, or from the front lot line where no front yard exists, to the rear yard, or to the rear lot line where no rear yard exists. [Added 6-15-1998 by L.L. No. 3-1998]

ZONING PERMIT -- A permit issued by the Village of Honeoye Falls that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

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ARTICLE II, Procedures

§ 161-6. Approval required.

Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the procedures set forth in this article. For the purpose of this article, the term "subdivision" shall include one-lot subdivisions, unless otherwise noted.

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§ 161-7. Preapplication conference.

  1. Developers may contact the Village Clerk and Building Inspector for information and direction relating to subdivisions, building, sanitary and storm sewer installations, application for hearings and related fees.
  2. Where utilities are to be connected into the facilities of other agencies, such as water transmission mains or trunk sewers under the jurisdiction of others, the developer and his engineer shall be responsible for contacting such agencies directly to determine such regulations as may be in effect and to determine the capacity of these facilities to handle the loadings to be imposed upon them by the new development.
  3. The subdivider is encouraged to consult with the Planning Board regarding the project. The purpose of this consultation is to provide the subdivider with an indication of the Planning Board's feelings regarding a project before the subdivider commits funds for design and engineering. The Planning Board may want to include members of other Village Boards in the review, as well as the Village's legal advisor and engineer. Should the subdivider wish to avail himself of this opportunity, the procedure shall be as follows:
    1. The subdivider shall notify the Clerk of the Planning Board at least seven days prior to the next meeting that he wishes to have his project placed on the agenda.
    2. The subdivider will be placed on the next meeting's agenda and will be heard after all applications, both new and tabled, are considered.
    3. No formal vote will be taken on the proposed project. Should a majority of the members indicate that they are favorably inclined towards the project, the subdivider shall not take this as an indication that either final or preliminary approval will ultimately be given, as this can only happen when all of the information required for preliminary or final approval is provided.

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§ 161-8. Sketch plan review.

  1. When filing an application for approval of a subdivision, the subdivider shall prepare a sketch plan of the proposed subdivision in accordance with the specifications of Article IV of these regulations.
  2. Submission. Eleven copies of the sketch plan shall be submitted to the Clerk of the Planning Board at least seven days prior to the next regular meeting of the Planning Board. The sketch plan shall be accompanied by the appropriate application fee.
  3. Meeting with the Planning Board. The subdivider or his representative shall attend the Planning Board meeting and be prepared to discuss the requirements of the subdivision concerning street improvements, drainage, sewage disposal, water supply, fire protection and other pertinent aspects. Requirements for compliance with SEQR shall be discussed at this point, and preparation of the environmental assessment form shall be initiated.
  4. Referrals. The Planning Board shall refer the sketch plan to the Conservation Board and, at its discretion, may refer the sketch plan to the Village Engineer, Fire Department, Fire Marshall, Highway Superintendent, Sewer Superintendent, Building Inspector, Monroe County Planning Department or any other appropriate agency for review and comment. The subdivider shall be responsible for distribution of materials to the various reviewers as directed by the Planning Board or its representative.
  5. Applicant to be informed of Planning Board review. Within 45 days of the meeting described in Subsection C above, the Planning Board shall inform the applicant of its comments and recommendations regarding the sketch plan. Under no circumstances shall the applicant construe a favorable indication as meaning that preliminary or final approval will be granted.

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§ 161-9. Preliminary plat.

  1. Within six months of the sketch plan review, the subdivider shall file an application for the approval of a preliminary plat. The preliminary plat shall be prepared in accordance with the specifications of Article IV of these regulations. For one-lot subdivisions, the preliminary plat data shall be prepared in accordance with § 161-35.
  2. Submission. Eighteen copies of the preliminary plat shall be submitted to the Clerk of the Planning Board, together with a completed application form and appropriate application fee. The subdivider shall also submit an environmental assessment form, with Part 1 of said form completed by the subdivider.
  3. Date officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Clerk of the Planning Board.
  4. Referrals and reviews. At the time of application, the subdivider shall submit copies of the preliminary plat and other materials to the following agencies and reviewers. The failure of the subdivider to distribute these materials in a timely manner shall constitute an incomplete application:
    1. The subdivider shall send two copies of the preliminary plat and other materials as may be required to the Village Engineer. In no event shall this submittal be less than two weeks before the Planning Board review of the preliminary plat or public hearing.
    2. If County review is required or directed by the Planning Board, the subdivider shall send the appropriate number of copies to the Monroe County Planning Department.
    3. Any other reviews and referrals as may be required by the Planning Board shall be provided.
  5. Upon submission in proper form, the Clerk of the Planning Board shall:
    1. Schedule a public hearing as directed in Subsection H. [Amended 9-16-1996 by L.L. No. 6-1996]
    2. Send a copy of the application, the environmental assessment form and one copy of the preliminary plat to the Conservation Board.
    3. Send one copy of the preliminary plat to the Highway Superintendent for review and comment.
    4. Send one copy of the preliminary plat to the Fire Department and Fire Marshall for review and comment.
    5. Send one copy of the preliminary plat to the Sewer Plant Superintendent for review and comment.
    6. one copy of the preliminary plat to the Building Inspector for review and comment.
  6. Conservation Board review. Upon receipt of the preliminary plat and other required materials, the Conservation Board shall place the subdivision on the agenda of its next meeting. The Conservation Board may require the subdivider to attend this meeting and answer questions regarding the subdivision. Upon completion of its review, the Conservation Board shall notify the Planning Board of its recommendations regarding the project. In order to be considered by the Planning Board, the report from the Conservation Board shall be received within 30 days of the receipt of the application by the Conservation Board.EN
  7. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the existing neighborhood and future development of adjoining lands, as yet unsubdivided, and the requirements of the Master Plan, Zoning Regulations and Official Map, if such exists. The subdivider shall attend the Planning Board meetings as necessary to discuss the preliminary plat.
  8. Action on preliminary subdivision plat. [Amended 9-16-1996 by L.L. No. 6-1996]
    1. Coordination with the State Environmental Quality Review Act and local regulations. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law, and its implementing regulations, and Chapter 39, Environmental Quality Review.
    2. Receipt of a complete preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
    3. Planning Board as lead agency under the State Environmental Quality Review Act; public hearing; notice; decision.
      1. Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
        1. If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall held within 62 days after the receipt of a complete preliminary plat by the Secretary of the Planning Board; or
        2. If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement, in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of filing the notice of completion.
      2. Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearings, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
      3. Decision. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
        1. If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, such Board shall make its decision within 62 days after the close of the public hearing; or
        2. If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing, in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the hearing on the preliminary plat. Within 30 days of the filing of such final environmental impact statements, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat.
      4. Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.
    4. Planning Board not as lead agency under the State Environmental Quality Review Act; public hearing; decision.
      1. Public hearing on preliminary plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after the receipt of a complete preliminary plat by the Secretary of the Planning Board.
      2. Public hearing; notice, length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing, if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
      3. Decision. The Planning Board shall, by resolution, approve, with or without modification, or disapprove the preliminary plat as follows:
        1. If the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the preliminary plat.
        2. If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer.
      4. Grounds for decision. The grounds for modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.
    5. Certification and filing of preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, such plat shall be certified by the Secretary of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in the Secretary's office. A copy of the resolution shall be mailed to the owner.
    6. Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, the Chairman, or other duly authorized member of the Planning Board, shall cause a copy of such resolution to be filed in the office of the Village Clerk.
    7. Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
    8. Default approval of preliminary plat. The time periods described herein within which a Planning Board must take action on a preliminary plat are specifically intended to provide the Planning Board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat within the time prescribed therefor or within such extended period, the preliminary plat shall be deemed as having been granted approval. The certification of the Village Clerk as to the date of submission of the preliminary plat and the failure of the Planning Board to take action shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval.

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§ 161-10. Final plat.EN

  1. Within six months of approval of the preliminary plat, the subdivider shall submit a plat and supporting information in final form in accordance with the provisions of Article IV of this chapter and in accordance with the requirements of the Village Design Criteria and Construction Specifications.EN For one-lot subdivisions, final plat data shall be in accordance with § 161-35, and as may be required by the Village Design Criteria and Construction Specifications.
  2. Submission. The original and 11 copies of the final plat; an application form and fee; copies of all offers of cession, covenants and easements; and two prints of all construction drawings shall be submitted to the Clerk of the Planning Board.
  3. Endorsement of state and county agencies. The final plat shall contain all required endorsements and approvals from state and county agencies, including the Monroe County Health Department, before consideration will be given for final approval.
  4. When officially submitted. The submission of the subdivision plat shall be considered the date the application accompanied by the required fee and all data required by § 161-45 of these regulations has been filed with the Secretary of the Planning Board.EN
  5. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the State Department of Health and the Department of Environmental Conservation. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county and state agencies. Endorsement and approval by the State Department of Health and the Department of Environmental Conservation shall be secured by the subdivider before official signing of the subdivision plat.EN
  6. The subdivider shall send two copies of the final plat, two copies of the required construction drawings and other materials as may be required to the Village Engineer. In no event shall this submittal be less than two weeks before the Planning Board review of the final plat.EN
  7. Submission in proper form. After submission of all materials, documents and fees as required herein, the Clerk of the Planning Board shall place the subdivision on the agenda of the next Planning Board meeting.
  8. Action on final plat.EN
    1. Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to § 161-9 above, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Secretary of the Planning Board.
    2. Final plats not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with the preliminary plat approved pursuant to § 161-9 above, the following shall apply:
    3. Planning Board as lead agency; public hearing; notice; decision.
      1. Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on the final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows;
        1. If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat shall be held within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board; or
        2. If the Planning Board determines that an environmental impact statement is required and a public hearing on the draft environmental statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days of filing the notice of completion.
      2. Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing, if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
      3. Decision. The Planning Board shall make its decision on the final plat as follows:
        1. If the Planning Board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize signing of such plat within 62 days after the date of the public hearing; or
        2. If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize signing of such plat.
      4. Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board.
    4. Planning Board not as lead agency; public hearing; decision.
      1. Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Secretary of the Planning Board.
      2. Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
      3. Decision. The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat as follows:
        1. If the preparation of an environmental impact statement is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.
        2. If an environments impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
    5. Certification of final plats. Within five business days from the date of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Secretary of the Planning Board as having been granted conditional or final approval and a copy of the plat and resolution shall be filed in the Secretary's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements, the plat shall be signed by the Chairman of the Planning Board, and a copy of such signed plat shall be filed in the office of the Village Clerk.
    6. Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the Chairman of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
  9. Work may not start. No improvements shall be made to the parcel prior to the final approval of the plat by the Planning Board. Exceptions may be granted by the Planning Board to satisfy conditions as set forth in a conditional approval.EN
  10. Sunset provision. If any approved major subdivision is not completed within three years of the date of final approval by the Planning Board, approval for the project or any sections of the project shall expire, and any further development of the project will require application and approval under the subdivision regulations then in effect. An extension of up to two years may be granted by the Planning Board when accompanied by appropriate security, as determined by the Planning Board.EN
  11. Security required. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow this procedure: in an amount set by the Planning Board, the subdivider shall file with the Town Clerk a certified check to cover the full cost of the required improvements, a performance bond to cover the full cost of the required improvements or an irrevocable letter of credit to cover the full cost of the required improvements. Any such bond or letter of credit shall comply with the requirements of § 7-728 of the Village Law and shall be satisfactory to the Village Attorney and the Village Engineer as to form, sufficiency, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond or letter of credit within which required improvements must be completed. At the request of the subdivider, at six-month intervals, the project may be reviewed by the Planning Board and the Village Engineer. Security may be reduced by up to 80% of the value of the satisfactorily completed improvement, as determined by the Village Engineer. The form of the bond or letter of credit must be structured to preclude release without written consent of the Planning Board.EN
  12. Conditional approval. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval, unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature if, in its opinion, such extension is warranted by the circumstances, not to exceed two additional periods of 90 days each.
  13. Filing. The conditional approval or approval granted by the Planning Board, or the Board's failure to act within the time limits specified in Subsection H above, shall expire, except if extended as in Section J above, unless within 180 days of said conditional approval or approval or failure to act there shall have been filed and recorded in the Office of the County Clerk the final plat. The Planning Board may extend the time for filing and recording such plat, if in its opinion, such extension is warranted by the particular circumstances thereof, but not to exceed two additional periods of 90 days each.

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§ 161-11. Resubdivision.

For a resubdivision, the same procedures, rules and regulations apply as for a subdivision.

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§ 161-12. Cluster development.

  1. The Planning Board is empowered, for residential use, to modify applicable provisions of Chapter 190, Zoning, in accordance with § 7-738 of the Village Law for the purpose of enabling and encouraging 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 economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, the application would benefit the Village.
  2. The application of this procedure shall result in a permitted number of building lots or dwelling units which shall in no case 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 190, Zoning, and all other applicable Village and state requirements, including floodplain, wetland and Environmental Protection Overlay District regulations.
  3. The dwelling units permitted may be, at the discretion of the Planning Board, in detached, semidetached, attached or multistory structures.
  4. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Planning Board, as a condition of the plat approval, may establish such conditions on the ownership, use, and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. Such conditions shall be approved by the Village Board of Trustees before the plan may be approved for filing.
  5. A subdivider or the Planning Board may request the use of § 7-738, in which case the subdivider shall present, along with the proposal in accordance with the provisions of § 7-738, a conventional sketch plat which is consistent with all the criteria established by these regulations, and Chapter 190, Zoning.
  6. Upon determination of the Planning Board that such proposal is suitable for application under § 7-738, the applicant may proceed with his application for subdivision review.
  7. Zoning requirements specifically relating to setbacks and buffering shall apply to the land bordering neighboring parcels of land.
  8. In order to be eligible for a § 7-738 application, a minimum of 20% of the subject parcel should be preserved as open space or other suitable form. This requirement may be waived or modified depending upon location and the significance of the land to be preserved.
  9. The Planning Board is empowered to require the utilization of the provisions of § 7-738 of the Village Law in subdivision approval applications. Such applications may be required when:
    1. The subdivision is adjacent to previously preserved open space, an RM or RM-G Zone or located in an RM or RM-G Zone.
    2. The subdivision contains or is adjacent to significant historical or environmental features.
    3. An open area is needed for a buffer zone.
    4. A linear strip is needed to add to existing or future trail systems.
  10. On the filing of a plat in the office of the County Clerk in which § 7-738 has been used, the subdivider shall file a copy with the Village Clerk, who shall make appropriate notations and reference thereto on the Official Zoning Map.EN
  11. The proposed site plan, including areas within which structures may be located, the height and spacing of buildings, open space and their landscaping, off-street open and enclosed parking spaces and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan, shall be subject to review at the public hearing held pursuant to § 7-738 of this Article.

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§ 161-13. Required improvements; letter of credit.

  1. 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 Village departments, all the street, sanitary and other improvements specified in the action approving said plat or, as an alternative, to file with the Village Board a letter of credit, in an amount estimated by the Village Engineer with the approval of the Village Attorney, to secure to the Village 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 § 7-730 of the Village Law and shall be satisfactory to the Village Board as to form, sufficiency and manner of execution. The letter of credit shall provide that an amount determined adequate by the Village Engineer with the approval of the Village Attorney shall be retained for a period of two years 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 Village or any district therein. Said improvements shall include the following, as well as those listed in the Village of Honeoye Falls Design Criteria and Construction Specifications for Land DevelopmentEN:
    1. Streets and streetlighting facilities.
    2. Street signs.
    3. Curbing and gutters.
    4. Grass curb strips.
    5. Sidewalks.
    6. Street shade trees.
    7. Monuments.
    8. Stormwater runoff systems.
    9. Sanitary sewage collection systems or approved alternates, such as septic tanks.
    10. Water supply systems, if water is available.
    11. Park and recreation facilities.
    12. Electrical, gas, telephone and utility lines.
    13. Plantings and ground cover.
    14. Driveway aprons.
    15. Erosion control systems.
  2. No construction of any sort, site improvements or building permit for any permanent building within the subdivision shall be issued by the Village 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 Village, the street serving the building shall be completed to a degree satisfactory to the Village Engineer before issuance of the certificate of occupancy.
  3. In the event of default of compliance with the conditions of these regulations and any other applicable laws, such credit shall be forfeited to the Village. The Village 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 Village 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 Mayor for a release from the letter of credit. The Mayor shall then submit the request by letter to the Village Engineer for his recommendation. Upon receipt of said recommendations, the Mayor may authorize release of up to 90% of the total letter of credit. Before the Village Engineer can recommend a 90% storm drainage and/or sanitary sewer guaranteed release, a signed statement from a licensed professional engineer is required 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 and sanitary sewers have been successfully balled or lamp tested. Before the final 10% 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 Village. When this has been done, the Mayor shall again submit letters to the Village Engineer for recommendations, after which the Mayor submits his sign-off letter to the Village Board indicating final release of said letter of credit.
  4. Inspection of improvements. The Village shall provide suitable inspectors to act as agents of the Planning Board for the purpose of assuring a satisfactory completion of improvements required by the Planning Board. The applicant shall pay the costs of such inspection, as determined by the Board, before the subdivision plat is signed for filing, if the subdivision plat is constructed prior to filing. If the subdivision plat is authorized for filing prior to construction, the letter of credit shall include anticipated costs of construction, and the release of such funds are not authorized until the inspection costs are paid. If the Planning Board or its agents find, upon inspection, that any of the required improvements have not been constructed in accordance with approved construction detail sheets, the applicant and the bonding company shall be severally and jointly liable for the costs of completing said improvements according to specifications.
  5. All maintenance bonds and warranty bonds shall be established according to the Village of Honeoye Falls Design Criteria and Construction Specifications for Land DevelopmentEN
  6. Insurance.
    1. Insurance riders or policies shall be filed with the Village, in a form approved by the Village Attorney, as follows:
      1. Workmen's compensation.
      2. Public liability: $1,000,000 for one death and not less than $3,000,000 for each incident or accident.
      3. Property damage: $300,000.
    2. The owner or contractor shall at all times agree to indemnify and save harmless the Village, its officials, officers, employees, servants and agents against injuries, damages and compensations, other than its neglect.
  7. Offers of cession. No action shall be taken by the Board, except to disapprove a proposed subdivision, for any application for final approval of such subdivision unless there is submitted therewith an offer of cession of all streets and parks and other recreation areas and any other required easements or conveyances, such offer to remain binding on the subdivider and owner of the premises, their heirs and assigns until acceptance by the Village or until an application for a resubdivision is approved. The offers of cession shall receive approval of the Village Attorney before final approval of the plat.
  8. Filing of approved plat.
    1. Upon completion of the requirements of this section, the subdivider may file the plat in the office of the Monroe County Clerk. Any such plat not filed or recorded within 62 days of the date upon which the plat is approved or considered to be approved by failure of the Planning Board to act shall become null and void.EN
    2. No changes, erasures, modifications or revisions shall be made on any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat, unless the plat is first resubmitted to the Planning Board for modification and the Board approves such modification. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
    3. Prior to the actual filing of the approved plat containing all signatures, the subdivider shall furnish the Clerk of the Planning Board with three blue-line prints of the plat.
  9. Dedication procedure.
    1. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Village of any street, easement, right-of-way, park land or other open space shown on the subdivision plat.
    2. An offer of dedication of any street, highway or right-of-way or any park land, playground area, easement or conservation area or any utility or improvement thereof by a subdivider shall be subject to approval by the Village Board and as to form by the attorney for the Village.
    3. If a road or street intended for dedication is part of a subdivision development, consideration for dedication of said road or street or portion thereof will be made only and after the following conditions have been met:
      1. That the development as originally approved by the Planning Board is substantially completed and at least 75% of the homes or other planned structures are completed and occupied.
      2. That the standards set forth in the Village of Honeoye Falls Design Criteria and Construction Specifications for Land Development for all improvements have been met and approved by the Village Engineer.EN
      3. hat security for the entire road or portion thereof or other improvements, in the form of a letter of credit and/or a maintenance bond in an amount and for a length of time to be established by the Village Board and the Village Engineer, be provided.
      4. When a subdivision has received Village approval to be developed and constructed in phases, a road or street in a single phase of the development that is substantially completed may be considered for dedication at that time and 75% of the homes and other planned structures, in said phases, are completed and occupied.
  10. Time of construction. Upon completion of the required improvements, or upon posting of a letter of credit as provided in these regulations, and after approval and filing of the final plat, the subdivider may initiate land sales or construction of the subdivision.
  11. As-built drawings. Upon completion of the required improvements, the initial plans shall be modified to reflect as-built conditions, and the subdivider shall submit three blue-line prints of such drawings to the Clerk of the Planning Board.

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ARTICLE III, Design Standards

§ 161-14. Establishment of standards.

The Honeoye Falls Design Criteria and Construction Specifications for Land Development are adopted herein by reference, and shall establish the standard for subdivision design and construction. The Planning Board, in considering an application for the subdivision of land, shall also be guided by the following considerations and standards. If in conflict, the Planning Board shall decide on the applicable regulation.

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§ 161-15. Character of land.

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Lots shall be so laid out as to be in harmony with the development pattern of the Village and neighboring properties. Provision shall be made for drainage, water supply, sewage and other necessities.

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§ 161-16. Conformity with Comprehensive Plan.

Subdivisions and developments shall be in conformance with all other local legislation, except as provided for elsewhere by Village Law or these regulations, and shall be properly related to the Community Comprehensive Plan as it is being used for guidance by the Planning Board, either with or without formal adoption. Streets shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection. Open areas of suitable location, size and character for playground or other recreational or open space purposes shall be shown on the plans in proper cases and when required by the Planning Board.

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§ 161-17. Preservation of natural and historic features.

Natural and historic features shall be preserved. Insofar as possible, all existing features of the landscape, such as large trees, woodlots, steep slopes, rock outcrops, water and flood courses, historic sites and other such irreplaceable assets should be preserved.

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§ 161-18. Streets.

  1. The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.
  2. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. Street patterns should not isolate new development from the rest of the Village.
  3. Local residential streets shall be designed so as to discourage high-volume through traffic.
  4. All right-of-way street widths and street pavements shall be established according to the Design Criteria and Construction Specifications.EN
  5. Wherever possible, streets should intersect at right angles and not intersect at angles of less than 75°, unless approved by the Planning Board.
  6. The grades of streets shall be in accordance with the Design Criteria and Construction Specifications, and such grades as submitted on the final plat shall be approved by the Village Engineer prior to final approval by the Planning Board.
  7. In order to provide safe, efficient and convenient traffic flow for fire, police and ambulance protection and to retain Village character, permanent dead-end streets and culs-de-sac will be permitted only if, in the opinion of the Planning Board, there is no reasonable alternative to design the subdivision to meet the requirements of Chapter 190, Zoning, and this chapter of the Village of Honeoye Falls. The following standards shall apply to a cul-de-sac street if it is allowed:
    1. Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line, but should be placed so that the lots can back on the property line of the subdivision.
    2. Where permitted, no cul-de-sac shall be more than six times the minimum lot width for the zoning district in length, such length to be measured to the center point of the cul-de-sac.
  8. If a dead-end street is of a temporary nature, a turnaround shall be provided and provisions made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.
  9. New half or partial streets shall not be permitted, except that, wherever a proposed subdivision borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.
  10. All streets shall be named, and such names shall be subject to the approval of the Village Board of Trustees and the County of Monroe. Names shall be sufficiently different in sound and spelling from other street names in Monroe County, and post offices contiguous to the Village so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. Relating street names to features of historical, topographical or other natural interest is encouraged.
  11. The Highway Superintendent and/or the Village Engineer shall approve Highway Plans in writing and shall have the right to inspect during construction.
  12. Private drives shall be considered on a case-by-case basis and designed in accordance with the Design Criteria and Construction Specifications as follows:EN
    1. Where more than three units are to be served by a private drive, the developer shall construct the roadway to the minimum specifications of the Village for a minimum road section.
    2. Setbacks on lots served by private drives shall be based on a conventional public street right-of-way width.
    3. The deeds of each lot served by the private drive shall include language to the effect that the property owner shall offer no protest to the future dedication of the private drive to the Village.
    4. The Village will not accept a private road as a public street until all improvements required by these regulations are completed.
    5. At the discretion of the Planning Board, private drive designs to serve a development may be submitted to the Village Engineer for review. Said review shall be at the expense of the applicant.
    6. No certificate of occupancy shall be issued until the private drive is installed in accordance with Village specifications and requirements or a letter of credit is obtained. Such installation shall be to the satisfaction of Village officials or the Village Engineer.
    7. The subdivider must submit documentation from the Attorney General, State of New York, that the proposed private drive has been approved or that no action is necessary.
  13. A subdivider proposing a private drive to serve a development shall cause to be recorded in the Monroe County Clerk's office a declaration of covenants, restrictions and easements regarding said private drive, in a form acceptable to the Village Attorney, which shall at a minimum provide:
    1. For reciprocal easements for use of said private drive for each owner of a lot in the subdivision.
    2. For a declaration that the Village has no responsibility for the maintenance of the private drive.
    3. That maintenance of the private drive is the responsibility of the owners of the lots. "Maintenance" shall include normal upkeep, reconstruction, drainage, snow plowing and any other actions necessary to maintain the private drive.

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§ 161-19. Road design.

  1. Street systems shall relate to or conform to traditional Village patterns. Street systems shall be designed with due regard to the needs for convenient traffic access and circulation; traffic control and safety; access for fire fighting, snow removal and street maintenance equipment; and stormwater drainage and sewage disposal. Streets shall be designed to accommodate the prospective traffic and so arranged as to separate through traffic from neighborhood traffic insofar as it is practical.
  2. Where a site is not directly served by a roadway or where an existing roadway is inadequate to accommodate the project, construction or improvement of roads not directly adjacent to the proposed project may be required of the applicant by the Village in order to provide sufficient access. The quantity of improvements required shall be based on the needs of the project. Sufficiency shall be determined by the Planning Board in consultation with the Village Engineer.
  3. Where a subdivision abuts on or contains an existing or proposed arterial street or other existing Village, town, county, or state highway, the Planning Board may require necessary realignment and widening of the right-of-way in accordance with county, Village or state standards and to the satisfaction of the Village Engineer.
  4. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
  5. Subdivisions shall be connected to a constructed and maintained road in at least two places wherever practical or appropriate.
  6. Driveway access locations and grades shall be such that exiting and entering vehicles pose no threat to vehicles on the roadway. Adequate sight distance shall be provided. Driveway intersection design and grades shall be established by the Design Criteria and Construction Specifications as follows:EN
  7. Driveways shall be designed such that emergency vehicles can access the building site, in accord with the standards established in § 1161.1 and 1161.2 of the New York State Uniform Fire Prevention and Building Code. In the absence of any standards, the Chief of the Honeoye Falls Fire Department and the Code Enforcement Officer, with the advice, if desired, of the Village Engineer, shall be responsible for recommending to the Planning Board on the sufficiency of access in accord with this section.
  8. The Planning Board shall, from time to time, as part of the process of approving plats, require that the subdivider provide such easements as are required to provide access to contiguous properties onto a public highway via frontage or service roads, common driveways or such other roadways as are required so that the number of entrances and exits onto and off state, county and Village highways are not increased.

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§ 161-20. Widening of existing street right-of-way.

Where a subdivision or other development adjoins an existing street which does not conform to the right-of-way standards given in the Design Criteria, the developer shall dedicate whatever additional right-of-way width is necessary to provide, on the development side of the normal street center line, a width which is equal to at least one-half (1/2) of the minimum standard width for the respective type of street.

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§ 161-21. Lots.

  1. All lots shown on the final plat must conform to the minimum requirements of Ch. 190, Zoning, as to area and dimensions for the zone in which the subdivision is located, except in the event of utilizing § 7-738 of the Village Law.
  2. Each lot shall abut a street or private drive built to the Village's specifications.
  3. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.
  4. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigations, require modification of such lots.
  5. Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

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§ 161-22. Block dimensions.

  1. The length of blocks shall generally not be greater than 1,200 feet and no less than 400 feet. Those exceeding 900 feet may be required to be bisected by a dedicated path or easement located approximately at the center to accommodate utilities and pedestrian traffic.
  2. The width of blocks shall be sufficient to allow two tiers of lots, except for blocks adjacent to utility rights-of-way, water bodies or major streets.

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§ 161-23. Lot area and width determinations.

  1. Easement dedications for nonsurface or nonstructural uses, including underground utility lines or drainage ways, may be credited toward minimum allowable lot area, provided that operation and maintenance of the facilities shall remain unimpaired and the area of the easement comprises a usable portion of the lot.
  2. Minimum lot width shall normally be measured at the edge of the road right-of-way. The minimum lot width shall also apply to the width at the front setback or building line. The Planning Board shall have authority to interpret lot width and average lot depth for unusually shaped or situated lots.

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§ 161-24. Road design and construction specifications.

Engineering design, grades, right-of-way widths, and improvements of and along roads shall be established by and conform to the Design Criteria and Construction Specifications.EN

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§ 161-25. Intersection requirements.

Intersections shall be designed and improved consistent with the Design Criteria and Construction Specifications.

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§ 161-26. Traffic safety.

Traffic signs and safety devices shall be provided and installed in accordance with the Design Criteria and Construction Specifications, and New York State Department of Transportation Manual of Uniform Traffic Control Devices. Clearance of obstacles to vision at the intersections, provisions of merging tapers, channelization, signalization, pullovers and turning areas, fire lanes and school bus stopping areas shall be provided where required by the Planning Board.

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§ 161-27. Easements.

An easement shall be provided for all natural drainage ways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and final plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services.

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§ 161-28. Landscaping and ground cover.

  1. All lot areas which are not covered by structures or paving shall be properly seeded or mulched by the developer not later than 15 days after completion of main structures in accordance with the Design Criteria and Construction Specifications.EN
  2. The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to maintain existing trees. Trees shall be provided in accordance with the Design Criteria and Construction Specifications.
  3. When a proposed subdivision borders upon an existing commercial or industrial establishment, or any other use visually detrimental to the tranquility of the future residents of the subdivision, the Planning Board may require a landscape screen to buffer the subdivision from the visually noncompatible use.

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§ 161-29. Preservation of natural features.

  1. To the fullest extent possible, all existing trees and shrubbery shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees, which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, require modification of such lots. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Planning Board.
  2. Where a subdivision is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in watercourse alignment shall be in accordance with the revised New York State Stream Conservation Law.
  3. Unique physical features, such as historic landmarks and sites, rock outcroppings, mature trees, hilltop lookouts, desirable natural contours and similar features, shall be preserved if possible.
  4. All land clearing and grading plans and practices shall be consistent with the Design Criteria and Construction Specifications.

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§ 161-30. Land subject to flood hazards.

  1. Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the preliminary plat and the prominent note on each sheet of such map whereon any such portion shall be shown.
  2. Use. Land subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard.

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§ 161-31. Self-imposed restrictions.

The owner may place restrictions on the development greater than those required by Chapter 190, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.

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§ 161-32. Parks, playgrounds and open spaces.

  1. Land shall be reserved for park, playground, open space or other recreational purposes in locations designated on the Comprehensive Plan or elsewhere where the Planning Board deems that such reservations would be appropriate. The area to be preserved shall possess the suitable topography, general character and adequate road access necessary for recreational purposes. This exempts streets, roads, common parking areas or required yards.
  2. Where the Planning Board requires land to be set aside for parks, playgrounds or other recreational purposes, the Board shall require that the site be graded, loamed and seeded and may require it to be fenced.
  3. When areas for park, playground, recreational purposes or open space shall have been required on the final plat, the approval of said final plat shall not constitute an acceptance by the Village of such areas.
  4. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Planning Board, pursuant to § 7-730 of the Village law, shall require as a condition of approval of any such plat a payment to the Village of a sum to be determined by the Village Board and set forth in a separate payment schedule, which sum shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such amount shall be paid to the Village at the time of the issuance of a building permit. The payment required herein shall be applicable to subdivision of land for residential purposes only. [Amended 3-21-2005 by L.L. No. 2-2005]

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§ 161-33. Construction criteria; general principles.

  1. New construction. New construction shall generally re-create Honeoye Falls' traditional Village fabric with varied but complementary structures that are harmonious with traditional Village architectural values. New streets shall reflect the pattern of existing Village streets. Parking lots shall be located behind new and existing structures, and garages shall be placed back of the front facades of new or existing buildings to the greatest possible extent. The general principles above shall also apply to major sites.
    1. Contemporary approaches. Contemporary approaches and design ideas are encouraged, but shall also respect and reflect the traditional scale, proportions, rhythms, shapes and directional expression of traditional Village model structures.
    2. Character. New construction shall be encouraged to be an integral part of the Village environment reflecting Honeoye Falls' traditional character, embodied in the variety and richness of its building types and the cohesiveness of its neighborhoods.
    3. Compatibility. New buildings should not be designed as freestanding objects, but instead shall generally conform to the existing traditional patterns of growth and maintain the unit of the Village.
    4. Materials. New buildings shall generally utilize exterior materials in keeping with the exteriors in the Village with a single natural material being encouraged.
  2. Infill structure.
    1. Harmony. Infill structures must blend in with the existing architectural fabric as seen from the street and reinforce the feeling of continuity rather than stand out individually. The general principles of Subsection A above shall also apply to infill structures.
    2. Height. Infill structures shall generally relate closely to the height of adjacent buildings.
    3. Setback. Infill structures shall generally continue the street setback parameters established by adjacent buildings.
    4. Roofs. Infill structures shall generally not introduce new roof shapes and pitches not found on traditional Village model survey buildings located on the same block and will generally maintain the relationship of street facing gables to side facing gables that exist on the block.
    5. Wall openings. Infill structures shall respect the alteration of window area to wall area and the width-to-height ratio of windows and doors in the facades of surrounding traditional Village model survey buildings. Introducing incompatible facade patterns or proportions that upset the rhythm of openings of traditional structures in the immediate area shall be discouraged.
  3. Exceptions. The Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.

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ARTICLE IV, Submission Requirements

§ 161-34. Specifications for sketch plan.

  1. A rough scaled sketch plan shall be drawn on paper or other suitable material at a standard scale of not more than 200 feet to one inch. It shall show the following information:
    1. An identification of the proposal, including name and address of the subdividers and a written, clear statement of subdivider's intent and letter of disclosure.
    2. North point, graphic scale, date and general location map. The north point should be in the upper right hand corner of each sheet and the direction of north should be either to the top of each page or to the right hand side of each page.
    3. If the subdivider intends to develop the tract in stages, the entire tract, with anticipated stages and timing indicated and estimates of population and dwelling units by type for each stage and an equivalent population estimate for areas not proposed for residential development. All other lands contiguous to the proposal owned by the subdivider shall be shown on the map with the approximate area.
    4. Ground contours for the parcel and parcels adjacent to and within 200 feet of the tract to be subdivided at intervals of not more than five feet of elevation and all pertinent topographic features within the site and the adjoining tract, including existing buildings, watercourses, water bodies, swamps and wooded areas. Features to be retained in the subdivision or those to be removed, should be so indicated. Any Environmental Protection Overlay Districts shall be shown.
    5. A statement as to proposed source of water supply and method of sewage disposal.
    6. The approximate lines of proposed streets, lots and neighborhood recreation areas or other permanent open space.
    7. A schematic indication of proposed systems for stormwater drainage using the following design levels for stormwater engineering:
      1. Basin of 20 square miles: one-hundred-year frequencies.
      2. Basin of four to 20 square miles: fifty-year frequencies.
      3. Basin under four square miles: twenty-five-year frequencies.
      4. Subdivision's drainage: ten-year frequencies.
    8. An indication of the zoning of the tract and any other legal restrictions of use.
    9. Names of owners and zoning of adjacent lands or names of adjacent subdivisions.
    10. A location map showing the boundaries of the tract in relation to adjoining streets; schematically the location of the nearest water, power and sewer lines.
    11. The proposal's relationship to municipal comprehensive plans or open space plans.
    12. Name or names of landscape architects and/or licensed professional engineers and licensed land surveyors responsible for the layout.
    13. The general soil conditions of the entire site proposed for subdivision or its location with respect to a floodway or floodplain.
      1. Characteristics of the floodplain, including size.
      2. The need to use various construction measures to protect structures on the site, including, where appropriate, the need to meet with requirements of the National Flood Insurance Program.
      3. Measures needed, such as retention ponds, to protect downstream development from any measured flood potential as a result of development on the site in question.
      4. The proposal's affect on the potential increase in flood levels.
      5. The intensity of development already in the floodplain area.
    14. The benefit cost ratio of the proposal to the community.
    15. The magnitude and design of the proposal.
  2. If the site is in an identified and mapped floodway as determined by engineering study, the following criteria shall be used:
    1. The floodway shall be kept free of all man-made structures, except such uses as wharves, piers, bridges, culverts, dams, rights-of-way, embankments, utility crossings, and other uses of a similar character which are necessary for the health, safety, and general welfare of the community may be permitted if the need for these uses is clearly demonstrated to reviewing agencies.
    2. In the event that such uses are permitted in the floodway, the constructing agency, corporation or party shall be held accountable for any flood damage incurred to neighboring lands, structures or activities as a result of the use and shall be required to make restitution equal to the damage incurred.
  3. Where land is in Subsection B above, the land should only be subdivided for agricultural, recreational (excluding commercial recreational), conservation and wildlife preservation and uses.

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§ 161-35. One-lot subdivisions.

  1. In the case of preliminary and final approval for a one-lot subdivision plan, the plan shall be drawn on material suitable to the County Clerk and shall be drawn at a scale of not less than 50 feet to the inch and shall show the following information:
    1. Identification of the proposed subdivision, including the name and address of the subdivider(s), including the corporation name and the names of the corporation officers, if applicable, and a clear written statement of the developer's intent.
    2. Identification of all subdivisions immediately adjacent and the names of the owners of record of all adjacent property.
    3. North arrow, scale and general location map showing the relation of the proposed subdivision to major roads and intersections within the area.
    4. Locations of all existing structures, wooded areas, floodplains, wetlands, streams, ditches, highway pavement and utilities which are in the subdivision and/or within 200 feet of the subdivision.
    5. An actual field survey of the boundary lines of the tract giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be indicated on the ground and marked by monuments as approved by the Village Engineer and shall be referenced and shown on the plan.
    6. Contour lines.
      1. Present and proposed contour lines:
        1. The location of the bench mark.
        2. On flat or gently sloping land, lines at one-foot intervals.
        3. On rolling or heavily sloping land, lines at five-foot intervals.
      2. Contour lines shall extend 100 feet beyond the property lines to indicate the nature of the adjacent property.
    7. The ground elevations of and distances to any buildings, wells and leach fields located within 100 feet of the proposed subdivision.
    8. Arrows or lines indicating the proposed method of conveyance and direction of surface drainage and storm drains. This shall include an indication of where the water will go once it leaves the site.
    9. All proposed development, including:
      1. Finished grade of entire parcel, including finished floors.
      2. Trees, grass areas and other landscaping.
      3. Stormwater drainage details.
      4. Structure location including setback lines.
      5. Driveways from highway including turnaround and parking areas.
      6. Utility service locations.
    10. Location and details of sewage disposal systems as required by the Monroe County Health Department and Village Engineer.
    11. Soil test data, to include the following:
      1. Deep-hole test data to include:
        1. Date of the test.
        2. Location of test hole(s).
        3. Type of soil and thickness of each layer.
        4. Level of mineral deposits.
        5. Level of groundwater.
        6. Level of solid rock (if no solid rock is encountered, state "none").
      2. If not serviced by a public sewer system, percolation test data to include:
        1. Date of test.
        2. Percolation rate.
        3. Location of test holes.
        4. Name of person who conducted test.
        5. Name of Monroe County Health Department witness.
    12. If the subdivision is not to be served by public water, a well detail shall be shown as required by the Monroe County Health Department. A note shall be added to the plan stating the following: "The Village of Honeoye Falls is not responsible for the quantity or quality of the Water."
    13. The following zoning and land use information:
      1. Present zoning of the parcel.
      2. Any other existing restrictions on the use of the land (easements, covenants, etc.).
      3. An indication of any proposed zoning changes, variances or special use permits.
      4. Any proposed easements.
    14. A block for indicating changes to the plan.
    15. All other data as may be required by the Planning Board.
    16. Seal and signature of the licensed professional engineer or licensed land surveyor; boundary line certification by a licensed land surveyor.
  2. The plat to be filed shall be of the size and material required by the Monroe County Clerk's office.

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§ 161-36. Preliminary plat data.

Preliminary plats shall be drawn on a suitable material and shall be drawn to a scale of not less than 50 feet to the inch and shall show the following information:

  1. The plan shall be clearly marked "preliminary plan."
  2. Identification of the subdivision, including the name and address of the subdivider(s), or the corporation name and the names of the corporation officers, if applicable.
  3. The identification of all subdivisions immediately adjacent and the names of the owners of record of all adjacent property.
  4. North arrow, scale and general location map showing the relation of the proposed subdivision to major roads and intersections within the area.
  5. Locations of all existing structures, wooded areas, steep slopes, floodplains, wetlands, streams, ditches, highway pavement and utilities which are in the subdivision and/or within 200 feet of the subdivision.
  6. Property lines with approximate distances.
  7. Location, dimensions and area of all proposed or existing lots.
  8. Location, dimensions and purpose of proposed easements.
  9. Soil test data, to include the following:
    1. Deep-hole test data to include:
      1. Date of the test.
      2. Location of test hole(s).
      3. Type of soil and thickness of each layer.
      4. Level of mineral deposits.
      5. Level of groundwater.
      6. Level of solid rock.
    2. If not serviced by a public sewer system, percolation test data to include:
      1. Date of test.
      2. Percolation rate.
      3. Location of test holes.
      4. Name of person who conducted test.
      5. Name of Monroe County Health Department witness.
  10. Arrows or lines indicating the proposed method of conveyance and direction of surface drainage, including the approximate location and size of proposed lines and their profiles and their connection to off-site drainage systems.
  11. Proposed lot and street layout. Exact dimensions are not required at this stage, except that compliance with the zoning requirements is mandatory.
  12. The approximate location of all proposed water lines, valves, hydrants and sewer lines.
  13. If not served by public sewers, the location and details of sewage disposal systems as required by the Monroe County Health Department and the Village Engineer.
  14. Contour lines.
    1. Present and proposed contour lines:
      1. The location of the benchmark.
      2. On flat or gently sloping land, lines at one-foot intervals.
      3. On rolling or heavily sloping land, lines at five-foot intervals.
    2. Contour lines shall extend 200 feet beyond the property lines to indicate the nature of the adjacent property.
  15. The ground elevations of and distances to any buildings, wells and leach fields located within 100 feet of the proposed subdivision.
  16. If the subdivision is not to be served by a public water, a well detail as required by the Monroe County Health Department. A note shall be added to the plan stating the following: "The Village of Honeoye Falls is not responsible for the quantity or quality of the water."
  17. The following zoning and land use information:
    1. Present zoning of the parcel.
    2. Any other existing restrictions on the use of the land (easements, covenants, etc.).
    3. An indication of any proposed zoning changes, variances or special use permits.
    4. Offers of dedication to the municipality of any open space, recreation area, road or other improvement and the facilities to be retained by the subdivider, including the method of maintenance and improvement thereof. Such offers shall be received and opposed by the municipal attorney as to their legal sufficiency.
  18. Remaining lands. If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn to scale of not more than 400 feet to the inch showing an outline of the planned area with its proposed streets and indication of the probable future street system, then its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider's holdings submitted for approval shall be considered in light of the entire holdings.
  19. Name of the person who prepared the plan.
  20. Any other information as may be required by the Planning Board.

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§ 161-37. Final subdivision plat data.

  1. In preparing the detailed subdivision plans, the subdivider shall divide the project into three major sets of plans as follows:
    1. Subdivision plat record plan.
    2. Subdivision grading and drainage plan.
    3. Subdivision utility and street plan.
  2. Specifically, the drawings shall include, but not be limited to, the requirements as set forth in the following sections.

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§ 161-38. Subdivision plat record plan.

Unless the County Clerk specifies otherwise, the Plat shall be seventeen by twenty-two (17 x 22) inches or thirty-four by forty-four (34 x 44) inches in size and shall be drawn at a minimum scale of 50 feet to one inch, unless otherwise approved. Where more than one sheet is required to show the entire development, a key map showing all sections shall be provided. The following information shall be clearly shown:

  1. Title of the sheet, including name and address of the subdivider, owner and developer (where the developer or owner is a corporation, a statement of corporate ownership and officers shall be submitted to the Planning Board at the preliminary stage). A signature block shall be provided for all required approvals, including the Planning Board Chairman, Village Engineer, Monroe County Health Department, Monroe County Water Authority, as appropriate, as well as any other approvals required by local, county or state law or as required by the Planning Board.
  2. North point, graphic scale and date.
  3. The boundaries of the subdivision and information to show the location of the subdivision in relation to surrounding property and streets, including names of owners of adjacent land or names of adjacent subdivision. In whatever manner that is practical, the subdivision boundary shall be referenced from two directions to establish United States Geological Survey monuments or New York State Plane Coordinate monuments. In the event that such monuments have been obliterated, the subdivision boundary shall be referenced to the nearest highway intersections or at least two previously established monuments of subdivisions of public lands. Any combination of types of reference ties may be accepted which would fulfill the requirement of exact measurements from the subdivision boundary to reference points previously established.
  4. The lines of existing and proposed streets within the subdivision and the lines of existing or approved streets on adjoining properties.
  5. The names of existing and proposed streets.
  6. The lines and dimensions of proposed lots, which shall be numbered and shall have their area in square feet indicated.
  7. The lines and purposes of existing and proposed easements immediately adjoining and within the subdivision.
  8. The lines and dimensions of all property which is offered or to be offered for dedication for public use, with the purpose indicated thereon and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the subdivision.
  9. The location of monuments to be placed within the subdivision.
  10. The locations of any municipal and zoning boundary lines within the subdivision.
  11. Statements as to:
    1. The zoning of the property within the subdivision.
    2. Compliance of the proposed lots with zoning requirements. If any lots do not comply but are covered by zoning variances, the statement should include reference to such variance.
  12. Certification by a licensed professional engineer and a licensed land surveyor as evidence of professional responsibility for the preparation of the plat and place for the liber and page where filed.

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§ 161-39. Subdivision grading and drainage plan.

This plan shall be on a separate sheet of the same size and scale as the final plat and provide the following information:

  1. Contours of existing grade at intervals of not more than five feet. Intervals less than five feet may be required, depending on the character of the topography. Contour to extend a minimum of 200 feet beyond property limits.
  2. Location of all buildings proposed.
  3. Number of each lot.
  4. Final grades and/or contours at intervals of not more than two feet (lesser intervals may be required depending on topography).
    1. Location of all swales, creeks, ponds, drainage outfall, etc.
    2. All grades shall be established from United States Geological Survey datum.
  5. Location and means of controlling erosion within the project limits.
  6. Slope stabilization details.
  7. Flood hazard prevention.
  8. Stormwater retention basins and ground recharge facilities.
  9. Certification by a licensed professional land surveyor of the finished grades after completion of grading.

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§ 161-40. Subdivision utility and street plan.

This plan shall be on a separate sheet of the same size and scale as the final plat and provide the following details:

  1. Complete plans and profiles of all proposed sanitary and storm sewers, including:
    1. Inverts, grades, original and finished ground profiles above these sewers and top of manhole grades.
    2. Elevations of stormwater inlets.
    3. Type, material and class of pipe.
  2. Location and details of all other facilities, including water mains, gas mains, telephone and electric.
  3. Location of all existing utilities in and adjacent to the site to be developed.
  4. A statement as to:
    1. The pressure and flow available in existing water mains.
    2. The proposed number of units and anticipated sanitary sewage flow.
    3. The available stormwater facilities downstream of this project.
  5. Details of erosion and slope stabilization measures, where applicable.
  6. Any other details pertinent to site construction.

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§ 161-41. Modification of initial plans.

The initial final plat plans shall be modified to reflect as-built conditions.

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ARTICLE V, Administration; Penalties

§ 161-42. Nonresidential subdivisions..

Standards for design and construction of recreational, commercial, industrial and other nonresidential subdivisions shall be governed by sound engineering and planning practices, and utilities shall be sized commensurate with the demand anticipated upon full development based upon reasonably anticipated uses. The face of the plat shall contain notice of the intended use. However, this notice shall not be considered to waive or prejudice the development review on the lots if covered by the Village regulations.

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§ 161-43. State Environmental Quality Review Act.

The State Environmental Quality Review Act (6 NYCRR 617) and Chapter 89, Environmental Quality Review, shall apply as appropriate for applications and improvements authorized by this chapter.

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§ 161-44. Fees and reimbursable costs.

  1. The Village Board has established a fee schedule for all applications under these regulations. The fee schedule is adopted by reference.EN All fees shall be paid at appropriate times, and no building permits shall be issued until all owed fees are paid. Reasonable costs incurred by the Planning Board or its agents in connection with the review of a proposed subdivision shall be charged to the applicant, including engineering review and attorney review.
  2. Final plat approval shall not be given until all fees assessed prior have been paid in full. The letter of credit shall not be released until all remaining fees have been paid. Failure of the subdivider to pay the fees shall be grounds to deny building permits within the subdivision.

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§ 161-45. Variances.

  1. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or Chapter 190, Zoning, if such exists.
  2. Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions.
  3. In granting waivers and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirement so varied or modified.

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§ 161-46. Penalties for offenses.

  1. No land shall be divided in violation of this chapter. Any division attempted in violation hereof shall be invalid.
  2. No permit shall be issued for development upon any lot, tract, parcel or site created in violation of this chapter. Assignment of a tax number or other mode of separate identification of a unit of land by the assessor for the purpose of tax administration shall not be deemed to create or legitimize a division otherwise invalid hereunder.
  3. In case of any violation or threatened violation of any of the provisions of this chapter or conditions imposed by the Planning Board, in addition to the remedies herein provided, the Village may institute any appropriate action or proceeding to abate such violation, to prevent any illegal act conducted on or about such premises.
  4. A violation of these regulations is an offense punishable by a fine not exceeding $250 for any offense, recoverable with costs, and/or imprisonment not exceeding 15 days. Each day that a violation continues will constitute a separate offense and will be punished as herein provided..EN

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