SUBDIVISION OF LAND – Town of Seneca
ARTICLE 1
Local LawOF THE TOWN OF Seneca,NEW YORK,
SUBDIVISION OF LAND
aRTICLE I. GENERAL PROVISIONS
§ 1 Authority.
§ 2 Purpose and intent
§3 Title.
§4 Jurisdiction
§5 Conflict with existing regulations.
§6 General policy for subdivision design and review
§ 7 Subdivisions straddling municipal boundaries.
§ 8 Separability.
§9 State environmental quality review act
§10 Effective date
aRTICLE II. DEFINITIONS
§ 11. Definitions.
ARTICLE III, Procedure for Filing Subdivision Applications
§ 12. General procedure.
§13 Pre-application meeting
§14 Application completeness
§ 15. Sketch layout procedure.
§ 16. Preliminary plat submission.
§ 17. Consideration of a preliminary plat for approval and coordination with the state environmental quality review act.
§ 18. Final plat submission.
§ 19. Required improvements and agreements.
§ 20. Resubdivision procedure.
§ 21. Public streets, parks and playground areas.
§ 22. Time of construction.
§23 Parcel line adjustments
Article IV. Development Standards
§ 24. Standards guiding Planning Board review.
§ 25. Character of land - unique features.
§ 26. Design standards.
Article V. Improvements
§ 27. Required improvements.
§ 28. Permitted modifications.
ARTICLE VI. Specification for Preparing Sketch Layouts, Preliminary Layouts and Subdivision Plats
§ 29. Specifications for sketch layout.
§ 30. Preliminary plat.
§ 31. Required drawings for final subdivision plans.
§ 32. Other required information
Article vii. waivers
§33. Waiver of requirements
aRTICLE I. GENERAL PROVISIONS
§ 1. AUTHORITY.
Planning Board Authority. The Town Board of the Town of Seneca, in accordance the provisions of the Town Law of the State of New York, has heretofore created a Planning Board and has assigned to it the responsibility and authority to review and approve, modify and approve or disapprove plans for land subdivision.
Undeveloped Plats. Pursuant to the above authority, using procedures set forth in these regulations, the Planning Board has the power and authority to pass and approve the development of plats already filed in the Clerk of Ontario County if such plats are entirely or partially undeveloped.
Section 278 Authority. The Town Planning Board is also granted the authority to allow an applicant to either propose a clustered subdivision layout or require an applicant to provide a clustered subdivision layout as provided in Section 278 of the Town Law of the State of New York.
§ 2. PURPOSE AND INTENT
The purpose and intent of the Subdivision Regulations of the Town of Seneca is to provide for the orderly growth and development of the Town as has been expressed in the Town of Seneca Comprehensive Planand the Town of Seneca Zoning Law.
The purpose of these subdivision regulations is to provide for adequate facilities for the housing, transportation, distribution, comfort, convenience, health, safety and welfare of the Town’s population and protection of the Town’s natural, cultural, historical and agricultural resources. The natural and agricultural resources within the town are an irreplaceable asset which shall be preserved to the extent possible while considering subdivision applications.
These regulations establish requirements for action on subdivision plats, including a description of maps and supporting materials that the Planning Board requires to carry out its responsibilities under these regulations. The review and approval procedures contained herein are designed to safeguard the community.
§3. TITLE.
In order that the land may be subdivided in accordance with this purpose and intent, these regulations are hereby adopted and shall be known and cited as the “Subdivision Regulations of the Town of Seneca”
§4. JURISDICTION
Upon the adoption of these regulations by the Town Board, subdivisions within the Town of Seneca but outside the limits of any incorporated village shall be designed and submitted for approval in compliance with the standards and procedures set forth herein.
§5. CONFLICT WITH EXISTING REGULATIONS.
Where these regulations impose greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, these regulations shall control. Where greater restrictions are imposed by any law, ordinance or regulation than are imposed by these regulations, such greater restrictions shall govern.
§6. general policy for subdivision design and review
It is declared to be the policy of the Planning Board to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the town and in a manner that is reasonable and in the best interests of the community. The Planning Board will be guided in its consideration of an application for the subdivision of land by the following general requirements:
- Physical Characteristics - Land must be build able and free of hazard. The physical characteristics of the land to be subdivided shall be such that it can be used for natural resource conservation or building purposes without danger to health and safety or peril from fire, flood or other menace. Proper provision shall be made for stormwater management, water supply, sewage and other needed improvements and, consideration be given to the future development of adjoining lands. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, lot sizes and arrangement and the future development, and, natural and cultural resources of adjoining lands. All parcel developments shall meet Town, County, State, and Federal regulations and requirements.
- Natural and Historic Features - Insofar as possible, all existing features of the landscape, such as large trees, vegetative communities, rock outcrops, important ecological communities, surface and ground water resources, unusual glacial formations, flood courses, cultural and historic sites and other such irreplaceable assets shall be preserved thereby preventing ecological damage and visual blight which occur when those features or vegetation are eliminated or substantially altered to serve development purposes only.
- Conformity – Subdivision plans shall be properly related to and conform to the Town Comprehensive Plan, Subdivisions shall conform to the streets, parks and other public ways or spaces shown onthe Official Map of the town, if any. They shall be in conformance with Town of Seneca Zoning Laws. The proposed streets shall compose a convenient system conforming to the Official Map, as it may be adopted by the Town Board.
- Traffic Safety and Streets – 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. The location of access points to parcels from public streets shall ensure minimal interference with, and by, traffic movements, and reduce congestion on Town, County, State and Federal streets and highways.
- Parks and Open Space – Park areas of suitable location, size and character for playground and other recreational or open space purposes shall be shown on the subdivision plat in proper cases and when required by the Planning Board.
- Protection of Agricultural Infrastructure and Significant Agricultural Lands –Consideration will be given to maintaining agricultural viability and protecting significant agricultural lands by minimizing adverse impacts on agricultural land remaining from the subdivision, prime and unique agricultural soils, adjoining or nearby agricultural land and operations, existing natural buffers, and agricultural infrastructure including but not limited to surface and subsurface agricultural drainage systems, farm equipment access points, equipment lanes.
§ 7. SUBDIVISIONS STRADDLING MUNICIPAL BOUNDARIES.
Whenever access to a subdivision can be had only across land in another municipality, the Planning Board may request assurance from the Seneca Town Attorney, the Seneca Town Engineer, and the Highway Superintendent of the adjoining municipality, that the access road is adequately improved or that a performance security, as specified in Article III §19, has been duly executed and is sufficient security to ensure access has been constructed. In general, lot lines shall be laid out so as not to cross municipal boundary lines.
§ 8. SEPARABILITY.
If any section, subsection, paragraph, sentence, clause or other part of these regulations, are, for any reason, held invalid, the remaining portion of these regulations shall not be affected.
§9. State Environmental Quality Review Act
The planning board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations.
§10. Effective Date
For the purpose of this section, each lot shall be identified by the Tax Map of the Town Seneca dated May 18, 2010, and single ownership shall be determined by deed filed as of May 18, 2010. It is the express intent of this chapter that no parcel as defined herein may be changed or reconfigured after May 18, 2008, for the purposes of applying or avoiding the restrictions of this article. All lot area requirement calculations established in the Zoning Law of the Town of Seneca shall be based on the lot as identified by the Tax Map of the Town of Seneca dated July 15, 2008. This parcel shall be identified as the parent parcel.
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SUBDIVISION OF LAND – Town of Seneca
ARTICLE 2
aRTICLE II. DEFINITIONS
§ 11. Definitions.
For the purpose of these regulations, certain words and terms used herein are defined as follows:
Applicant –See Subdivider
CLUSTER DEVELOPMENT – A subdivision plat or plats, approved pursuant to Section 278 of the Town Law of the State of New York, in which the applicable zoning district is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to enable and encourage flexibility of design and development that preserves the unique features and the natural, cultural, agricultural and/or scenic qualities of the land while maintaining the density limitations imposed by said minimum lot area in the applicable zoning district.
CUL-DE-SAC-- A short street having but one end open to traffic and the other end being
permanently terminated by a vehicular turnaround.
Double Frontage Lot. A lot, which has a pair of opposite lot lines abutting two (2) streets, and which is not a corner lot.
DWELLING -- Any building or structure, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any appurtenances belonging thereto.
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.
Performance Security -- Any security in a form allowed by New York State Town Law Section 277. 9. guaranteeing that certain or all improvements will be made in accordance with the approved plans.
LOT -- A piece, parcel or plot of land intended as a unit for transfer of ownership or for
development. A parcel of land considered as a unit, devoted to a certain use and occupied or
capable of being occupied by a building or group of buildings that are united by common interest
or use, and the customary accessory uses and open spaces belonging to the same.
MINOR DIVISION OF LAND -- A minor division of land is any subdivision creating not
more than two lots fronting on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the development of the remainder of
the parcel or adjoining property. The Town Planning Board may, at its discretion, refer the proposal to the Ontario County Planning Board for advisory review.
Major division of land -- Any subdivision of land not classified as a minor subdivision, including but not limited to subdivisions of three or more lots. If a second application for a minor subdivision from a parcel as defined on May 18, 2010 or created subsequent there to, takes place in a five year period the proposed subdivision will be considered a major subdivision of land.
OFFICIAL MAP -- The map established by the Town Board under § 270 of the Town Law
showing the streets, highways and parks heretofore laid out, adopted and established by law, and
any amendments thereto adopted by the Town Board or additions thereto resulting from the
approval of subdivision plats by the Planning Board and the subsequent filing of such approved
plats.
OFFICIAL SUBMISSION DATE -- The date when a subdivision plat submitted to the Planning
Board shall be considered complete as provided in § 2765. (c) of the Town Law.
PARCEL LINE ADJUSTMENT -- A transfer of land from one parcel to another parcel without creating any new parcels or a consolidation of two parcels into one.
Parent Parcel -- A lot as identified by the Tax Map of the Town of Seneca dated July 15, 2008.
PLANNING BOARD -- The Town of Seneca Planning Board as established pursuant
to the provisions of Article 16 of the Town Law.
Pre-application meeting -- A meeting held with the Code Enforcement Officer and a member of the planning board with an applicant prior to submitting an application. The purpose of the meeting is to review all the application requirements, regulations, timeline, and any other information that will assist the applicant in preparing a complete application for submission.
PRIVATE DRIVEWAY – An undedicated access that is used as an ingress or egress to up to four (4) properties with reciprocal easements and a common maintenance agreement.
PRIVATE ROAD--An undedicated thoroughfare used as an ingress or egress to five (5) or more properties with reciprocal easements and a common maintenance agreement and built to town road construction standards.
PRELIMINARY PLAT -- The preliminary drawing or drawings indicating the proposed manner
or layout of the subdivision to be submitted to the Planning Board for its consideration and
meeting the requirements of Article VI.
RESUBDIVISION -- Revision of all or part of an existing filed plat, including consolidation of Lots.
SKETCH LAYOUT – Any plan or drawing prepared in accordance with Article VI, §29 of this Chapter.
STORMWATER MANAGEMENT RIGHT-OF-WAY -- The lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channeland providing for the flow of water therein to safeguard the public against flood damage.
STREET -- Any street, avenue, boulevard, road, lane, parkway, alley or other way which is an
existing or proposed state, county or town roadway or way shown upon a plat theretofore
approved pursuant to law or approved by official action or a street or way on a plat duly filed and
recorded in the office of the CountyClerk of OntarioCounty prior to the appointment of a
Planning Board and the grant to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking area and other areas within the street lines or right-of-way.
STREET PAVEMENT -- The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET WIDTH -- The distance between property lines or right-of-way lines.
SUBDIVIDER -- Any person, firm, corporation, partnership or association who shall lay out, for
the purpose of sale or development, any subdivision or part thereof as defined herein, either for
himself, herself, or others.
SUBDIVISION -- The division of any parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development and shall include re-subdivision; provided, however, that the public acquisition by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to these regulations.
SUBDIVISION PLAT or FINAL PLAT -- A drawing, in final form, showing a proposed
subdivision, containing all information or detail required by law and by these regulations to be
presented to the Planning Board for approval and which, if approved, may be duly filed or
recorded by the applicant in the office of the Ontario County Clerk.
TOWN comprehensive plan–The materials, written and /or graphic prepared pursuant to NYS Town Law §272-a including but no limited to maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town of Seneca.
TOWN ENGINEER -- The duly designated engineer of the Town of Seneca.
ZONING Law -- The officially adopted Zoning Lawof the Town of Seneca, together with any and all amendments thereto.
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SUBDIVISION OF LAND – Town of Seneca
ARTICLE 3
ARTICLE III, Procedure for Filing Subdivision Applications
§ 12. General procedure.
Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, before any permit for the erection of a permanent building in such proposed subdivision shall be granted, and before any subdivision plat may be filed in the office of the Ontario County Clerk, the applicant or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure.
For the purpose of this section, each lot shall be identified by the Tax Map of the Town Seneca dated May 18, 2010, and single ownership shall be determined by deed filed as of May 18, 2010. It is the express intent of this chapter that no parcel as defined herein may be changed or reconfigured after May 18, 2010, for the purposes of applying or avoiding the restrictions of this article.All lot area requirement calculations established in the Zoning Law of the Town of Seneca shall be based on the lot as identified by the Tax Map of the Town of Seneca datedJuly 15, 2008.
§13. Pre-application meeting
- The purpose of the pre-application meeting is to provide the applicant with the necessary information in order to save the applicant time and money and to make the most of opportunities for a desirable development.
- The applicant is required to attend a pre-application meeting with the Code Enforcement Officer and a member of the planning board to review all the application procedures, requirements and regulations prior to submission of a Sketch Layout, Preliminary Plat Submission or Final Plat Submission. Items to be reviewed include, but are not limited to, general requirements as to design of streets, reservations of land, stormwater management, wastewater disposal, water supply, fire protection and other improvements.
- A general timeline for the application approval process, and any other information that will assist the applicant in preparing a complete application for submission will be provided.
- The applicant will be advised that there may be other local, state, or federal agencies or departments which should be consulted such as the Town Engineer, New York State Department of Transportation, Ontario County Highway Department, New York State Department of Conservation or other agencies.
§14. Application completeness