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Brighton City Zoning Code

CHAPTER 213

Subdivision Regulations

§ 213-1 General requirements.

A. 
Whenever any subdivision of land is proposed after April 22, 1965, before any contract is made for sale of any part thereof, before any permit for the erection of a permanent primary structure shall be granted, before any subdivision plan may be filed in the office of the Monroe County Clerk, the subdivider or developer or authorized agent shall apply for and secure approval of such proposed subdivision or development in accordance with the following procedures.
B. 
The Monroe County Clerk's Office may not record a plat of any subdivision within the Town's jurisdiction unless the plat has been approved in accordance with the provision of this chapter and has all of the appropriate signatures.

§ 213-2 General policy for design and review.

A. 
The development of property shall conform to the requirements of these regulations as well as with appropriate laws, rules, and regulations established by all governing bodies having or claiming jurisdiction over various phases of the development. Though these standards and procedures have principally been developed to apply to subdivisions, they shall apply to other developments as well to the extent that the standards are applicable.
B. 
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 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 and development of land by the following general requirements:
(1) 
Land must be buildable and free of hazards. The physical characteristics of the land to be subdivided shall be such that it can be used for building purposes without danger to health and safety or peril from fire, flood, erosion or other menace. Proper provision shall be made for stormwater drainage, water supply, sewage disposal and transportation systems and other needed improvements.
(2) 
Natural and historic features should be preserved. Insofar as possible, all existing features of the landscape such as large trees, unusual glacial formations, steep slopes, water- and floodcourses, historic sites, wetlands and other such irreplaceable and environmentally sensitive areas and assets shall be preserved.
(3) 
Subdivisions and developments shall be in conformance with all other local legislation, except as provided for elsewhere by Town law or this chapter and shall be properly related to the Master 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.

§ 213-3 Scope and purpose.

Land transactions and development upon the land takes many forms. The Town has recognized this by developing several different types of development review, the scope of which is determined by the amount of information necessary to make sound decisions in order to protect the interest of the Town and its citizens. This Article describes procedures for major subdivisions, minor subdivisions, one-lot subdivisions, lot-line adjustments and resubdivisions. This Article also describes design and performance standards for all  subdivisions within the Town. Applicants are encouraged to meet with the Executive Secretary of the Planning Board prior to initiating a development, land purchase for the purpose of development or land division in accord with these provisions.

§ 213-4 Major subdivision approval.

The following general procedure will be followed for major subdivisions, workshop meetings, concept plan (optional), preliminary plat and final plat approval. All major subdivisions will go to the Planning Board and have a public hearing.
A. 
Workshop review requirements. A subdivider is encouraged to appear before the Development Review Committee to discuss his/her proposal with it and receive information as to the direction to proceed in. The Town may want to include other boards' members in the review, as well as other Town staff. At this time it may also be possible to indicate to the subdivider what data he would need to supply for review of his proposal by the Planning Board. At the option of the subdivider, he or she may request a meeting with the Planning Board.
(1) 
Before preparing a concept plan, the subdivider may discuss with the Development Review Committee general requirements as to design of streets, reservations of land, Town access control policy, drainage and erosion control and slope stabilization measures, water retention facilities, sewerage, water supply, fire protection and other improvements, as well as procedural matters. Notice requesting to appear informally in front of the Planning Board shall be received by the Executive Secretary of the Planning Board on or before the regularly scheduled Planning Board meeting.
(2) 
Subdividers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Department of Transportation Permit Office at the sketch plan stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process.
(3) 
Where public utilities are involved, the subdivider's engineer should contact the agencies for connection specifications, capacities and any other requirements of the respective agencies.
(4) 
The Development Review Committee shall study the concept plan in relation to existing or potential development of the adjacent area, the Town Master Plan and, in the course of its review, may consult with other interested public agencies. Requirements for compliance with the State Environmental Quality Review Act[1] shall be discussed at this point.
[1]
See § 8-0101 et seq., of the Environmental Conservation Law.
B. 
Concept plan review requirements.
(1) 
The purpose of this step is to afford the subdivider or developer the opportunity to consult, early and informally, with the Planning Board in order to save time and money and to make the most of opportunities for desirable development.
(2) 
When filing an application for approval of a subdivision or development, the applicant shall prepare a sketch plan for submittal to the Planning Board. The concept plan shall be accompanied by a fee as specified by the Town Board by resolution. Twenty copies of the concept plan shall be submitted to the Planning Board and shall comply with the requirements set forth in this chapter. One copy of the concept layout shall be returned to the subdivider with the Planning Board's comments; one copy shall be retained by the Planning Board; and 18 copies shall be used for necessary coordination with other consultants or agencies.
C. 
Preliminary plat review requirements.
[Amended 9-24-2003 by L.L. No. 16-2003]
(1) 
A preliminary plat shall be prepared and submitted to the Planning Board for all proposed subdivisions. The preliminary plat shall be clearly marked "preliminary plat," shall satisfy the requirements for preliminary layouts as described in this section and should comply with the recommendations made by the Planning Board in its report on the sketch plan, if any. An environmental assessment form shall also be submitted at this time. An appropriate number of copies of the preliminary plat and supplemental materials specified shall be submitted to the Planning Department. One copy of the preliminary plat shall be returned to the applicant with the notification of decision, one copy shall be retained by the Planning Board and the other copies shall be used for necessary coordination with other consultants or agencies. The Planning Board shall study the preliminary plat in connection with the topography of the area, existing requirements of the Comprehensive Development Regulations, the Master Plan and any other plans of the Town and the Town Official Map, if any, and shall take into consideration the general requirements of the Town. In reviewing a preliminary plat, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the preliminary plat. As much as is possible, the Town Engineer should receive his copy of the preliminary plans for review at least two weeks prior to the date of the public hearing on the preliminary plan.
(2) 
Monroe County Department of Planning and Development Review; establishing a public hearing date. Upon receipt of a complete and satisfactory preliminary plat application as certified by the Executive Secretary to the Planning Board, the Planning Board shall, pursuant to §§ C5-2B(5) and C5-4 of Article V of the Monroe County Charter, or such other sections or articles as may be applicable, refer six copies of said plat to the Monroe County Department of Planning and Development for its review and report and schedule a public hearing within 60 days after the receipt of such preliminary plat by the Executive Secretary of the Planning Board. The notice of hearing shall be advertised at least once and no less than five days before such hearing.
(3) 
Action by Planning Board. Within 60 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat. The grounds for a modification or disapproval, if any, shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of the chapter, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing any modification it deems necessary prior to submission of the plat in final form.
(4) 
Notification of decision. Within 10 days of the decision on the preliminary plat, the Executive Secretary of the Planning Board shall notify the subdivider of the Planning Board’s decision to grant or deny approval of the plat. In the event the Planning Board fails to take action on preliminary plat within the time prescribed therefor, such plat shall be deemed to have been granted preliminary approval. The certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
D. 
Final subdivision plat review requirements:
(1) 
After receiving approval with or without modification, from the Planning Board on a preliminary plat, the applicant shall prepare a final subdivision plat and submit them to the Planning Board for approval along with the remainder of the subdivision review fee; except that if more than six months has elapsed between the time of the Planning Board's decision on the preliminary plat and the submission of the final subdivision plat, and the Planning Board finds that conditions affecting the plat have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary plat for further review and possible revision prior to accepting the proposed final subdivision plat for review. In this case, a public hearing shall be held on the revised plan. The final subdivision plat shall conform substantially to the preliminary plat as approved with or without modifications (conditionally approved) by the Planning Board. It shall incorporate any modifications or other features that may have been recommended by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the subdivider on the appropriate submission. The Planning Board shall consult with all the agencies and/or persons at the local levels who will have to approve features of the plat as may be appropriate depending on the individual circumstances. If the subdivider wishes to develop the subdivision in stages, he may prepare and submit a subdivision plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development stages were indicated on the preliminary plat reviewed by the Planning Board. However, no more than two individual sections of a subdivision shall be in process or under construction at the same time.
(2) 
Application for subdivision plat. An appropriate copy of final plans and other exhibits required for approval, and as described in the Design Criteria and Construction Specifications,[2] shall be submitted for the application for approval. When submitting a subdivision plat for approval, the subdivider shall also file with the Planning Board formal offers of dedication to the Town or other appropriate public agencies of all streets, parks and playgrounds and other permanent open spaces for community use and storm drainage facilities and other utilities where appropriate as shown in the subdivision plat. The approval of the plat does not constitute an acceptance by the Town of the dedication of those facilities. Also, evidence of all necessary easements or easement documents if appropriate, for stormwater discharge, sanitary sewer and water, petitions for creation of any needed special districts or any other legal documents that may be requested by the Planning Board should be submitted with the final subdivision plat.
[Amended 9-24-2003 by L.L. No. 16-2003]
[2]
These specifications are on file in the Department of Public Works office.
(3) 
Public hearing. Within 45 days from the date of the submission of a plat in final form for approval by the Planning Board, a hearing shall be advertised at least once in the official Town newspaper at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with the approved preliminary plat modified in accordance with any recommendation accompanying such approval, the Planning Board may waive the requirements for a public hearing.
(4) 
Notification of decision. The Planning Board shall by resolution conditionally approve, with or without modifications, disapprove or grant final approval and authorize the signing of such plat within 45 days of its receipt by the Clerk of the Planning Board if no such hearing is held, or in the event that such hearing is held, within 45 days after the date of such hearing. Notice of action shall be mailed to the applicant and filed in the Town Clerk's office within five days of the date of Planning Board action. Notwithstanding the foregoing provisions of this chapter, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. In the time prescribed therefor, the plat shall be considered approved; a certificate of the Town Clerk as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required. The action of the Planning Board shall be recorded in the Board's minutes. In case of disapproval of a proposed subdivision plat, the Planning Board shall have in its minutes its reasons for disapproval.
(5) 
Building permits. No construction of any sort, site improvements or building permit for any permanent building within the subdivision shall be issued by the municipality until after the record sheet of the subdivision plat has been approved by the Planning Board, has been filed in the office of the Monroe County Clerk and liber and page numbers have been assigned by the County Clerk. Where a permit is desired for the occupancy of a building in the subdivision prior to the completion of all the improvements shown on the approval construction sheet of the subdivision plat, in addition to other requirements of the Town, the street serving the building shall be completed to a degree satisfactory to the Town Engineer.
(6) 
Conditional approval. Upon resolution of conditional approval of such final plat, the Planning Board shall empower the Executive Secretary of the Planning Board to sign the plat subject to completion of such requirements as may be stated in the resolution. Upon completion of such requirements, the plat shall be signed by Executive Secretary of the Planning Board. Conditional approval of a final plat shall expire six months after the date of resolution granting conditional approval, unless all such requirements have been completed. Notwithstanding the foregoing provisions of this chapter, the Planning Board may extend the time in which a conditionally approved plat in final form must be submitted for signature, if in its opinion such extension is warranted by the particular circumstances thereof, for no more than one additional period of six months.
[Amended 9-24-2003 by L.L. No. 16-2003]
(7) 
Signing of the plat.
(a) 
Upon review and approval of the construction detail sheets and the final plat, the Executive Secretary of the Planning Board shall sign the plat and return it to the Planning Board or applicant's engineer. The proposed final plat shall be properly endorsed by the State Health Department as meeting the standards a of the State Sanitary Code, Public Health Law or other applicable health code, and endorsed by the State Department of Environmental Conservation in areas applicable to its jurisdiction. The plat should be in final form before State Health Department approval. Once the authorized official has ascertained that all requirements have been satisfied and all other signatures obtained, he/she may sign the final plat.
(b) 
Every final plat submitted to the Planning Board for its approval shall carry the following endorsement:
Approved by Resolution of the Planning Board of the Town of Brighton, New York, on the
 day of
, 20
, subject to all requirements and conditions of said resolution. Any change, erasures, modification or revision of the plat, as approved, shall void this approval.
Signed this
 day of
, 20
, by
Executive Secretary
(c) 
In the absence of the Executive Secretary, the Acting Executive Secretary may sign in his/her place. If there is an Official Map, such endorsement shall stipulate that the plat does not conflict with the Official Map, or, in most cases where the plat does front on, or have access to, or is otherwise related to roads or drainage systems shown on the Monroe County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-k of the General Municipal Law.
(8) 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the Planning Board and endorsed, in writing, on the plat. In the event that a final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Planning Board shall institute proceedings to have said plat stricken from the records of the County Clerk.
(9) 
Expiration of approval. An approved plat must be filed in the County Clerk's office within 60 days from the date of the signature of the Executive Secretary of the Planning Board or the certificate of the Town as to the date of the submission of the final plat and failure of the Planning Board to take action thereon within the time prescribed. If it is not, the approval expires, and the plat must be reapproved by the Planning Board. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk, the entire approved plat shall be filed within 60 days of the filing of such section with the Town Clerk. Such section shall encompass at least 10% of the total number of lots contained in the approved plat, and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Subdivision (2) of § 265-a of the Town Law.
(10) 
Improvements and letter of credit. Prior to an action by the Planning Board approving a final plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate Town departments, all the street, sanitary and other improvements specified in the action approving said plat or, as an alternative, to file with the Town Board a letter of credit, in an amount estimated by the Commissioner of Public Works with the approval of the Town Attorney, to secure to the Town the satisfactory construction and installment of the incomplete portion of the required improvements. A period of one year, or such other period as the Planning Board may determine appropriate, within which required improvements must be completed, shall be specified by the Planning Board and expressed in the letter of credit. Such letter of credit shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The letter of credit shall provide that an amount determined adequate by the Commissioner of Public Works with the approval of the Town Attorney shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition. All required improvements shall be made by the applicant at his expense without reimbursement by the Town or any district therein, unless alternatively provided for in accord with provisions of § 277, Subdivision 1-a, of the Town Law. Said improvements shall include the following, as well as those improvements listed in said section and in the Town of Brighton Minimum Specifications for Dedication,[3] and other sections of this chapter:
(a) 
Streets and streetlighting facilities.
(b) 
Street signs.
(c) 
Curbing and gutters.
(d) 
Grass curb strips.
(e) 
Sidewalks.
(f) 
Street shade trees.
(g) 
Monuments.
(h) 
Stormwater runoff system.
(i) 
Sanitary sewage collection system or approved alternate, such as on-site sewage disposal systems.
(j) 
Water supply system, if water is available, or private wells.
(k) 
Park and recreation facilities.
(l) 
Electrical, gas, telephone and utility lines.
(m) 
Plantings and ground cover.
(n) 
Driveway aprons.
[3]
These specifications are on file in the Department of Public Works office.
(11) 
Building permits.
(a) 
No construction of any sort, site improvements or building permit for any permanent building within the subdivision shall be issued by the Town until after the record sheet or the subdivision plat has been approved by the Planning Board and has been filed in the office of the Monroe County Clerk and liber and page numbers have been assigned by the County Clerk. Where a permit is desired for the occupancy of a building prior to the completion of all the improvements shown on the approved construction sheet of the subdivision plat, in addition to other requirements of the Town, the street serving the building shall be completed to a degree satisfactory to the Commissioner of Public Works or designee.
(b) 
In the event of default of compliance with the conditions of this chapter and any other applicable laws, such credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Town as a result of the applicant's default. Such credit shall continue in full force and effect until a request is made by the subdivider to the Town Supervisor for a release from the letter of credit. The Supervisor shall then submit the request by letter to the Commissioner of Public Works for his recommendation. Upon receipt of said recommendations, the Supervisor may authorize release up to 90% of the total letter of credit. Before the Commissioner can recommend a ninety-percent storm drainage guaranteed release, he shall require a signed statement from a licensed professional engineer to the effect that the job is complete according to plans and specifications, the job has been inspected by a licensed professional engineer, and all storm sewers have been successfully balled or lamp tested. Before the final ten-percent release can be requested by the subdivider of the subdivision, a maintenance bond covering two years and equal to 10% of the cost of the project shall be posted, and any public roads shall be dedicated to the Town of Brighton. When this has been done, the Supervisor shall again submit letters to the Commissioner of Public Works for his recommendation, after which the Supervisor submits his sign-off letter to the Town Board indicating final release of said letter of credit.
(12) 
Inspection of improvements. The Town shall employ an inspector to act as agent of the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray the costs of inspection. The applicant shall pay the Town costs of inspection before the final plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not constructed in accordance with Planning Board recommendations or the approved construction detail sheets, the applicant and the bonding company will be severally and jointly liable for the costs of completing the said improvements according to specifications.

§ 213-5 Minor subdivision approval.

All minor subdivisions will go through the following procedure: workshop meetings, preliminary plat and final plat approval. Final plat approval may be combined with preliminary at the discretion of the Planning Board.
A. 
Guidelines:
(1) 
The Planning Board shall approve or disapprove minor subdivision final plats in accordance with the provisions of this section.
(2) 
The applicant for minor subdivision plat approval, before complying with Subsection B of this section, shall submit a concept plan to the Executive Secretary for a determination of whether the approval process authorized by this section can be and should be utilized. The Executive Secretary may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of a Tax Map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years.
(3) 
The Executive Secretary shall coordinate the review of a minor subdivision with the Building Inspector, the Fire Marshal, the Town Engineer, the Conservation Board and any other municipal agencies deemed necessary.
(4) 
The Executive Secretary may require a series of submittal conforming to those for major subdivisions, but may waive data requirements for good cause.
(5) 
Applicants for minor subdivision approval shall submit to the Executive Secretary copy of a plat (as well as six prints of such plat), except that a minor subdivision plat shall contain the following certificates in lieu of those required:
(a) 
Certificate of ownership.
(b) 
Certificate of approval.
(c) 
A certificate of survey and accuracy.
(6) 
The Executive Secretary shall take an application for minor subdivision plat approval as provided in Subsection B of this section to the Planning Board. However, the Planning Board may at any time refer the application to the major subdivision approval process.
(7) 
Not more than a total of three lots may be created out of one parcel using the minor subdivision approval process, regardless of whether the lots are created one at a time or over a period of five years.
(8) 
Subject to Subsection B of this section, the Planning Board shall approve, deny or conditionally approve the proposed minor subdivision by signature on the plat. Upon receipt of the final subdivision plat shall be signed by the Executive Secretary of the Planning Board on behalf of the Town.
(9) 
If the subdivision is disapproved, the Planning Board shall promptly furnish the applicant with a written statement of the reasons for disapproval.
(10) 
Approval of any plat is contingent upon the plat being recorded within 60 days after the date of certificate of approval is signed by the Executive Secretary.
(11) 
Construction and/or bonding of improvements shall be in accord with major subdivision procedures.
B. 
Procedures:
(1) 
The applicant shall review the proposal with the Executive Secretary to determine what zoning restrictions may apply to that particular parcel, if the parcel involves any wetland limits, one-hundred-year flood zone or would require SEQR review.
(2) 
The applicant must submit a site plan, properly prepared by a professional engineer or a land surveyor, licensed to practice in the State of New York, showing the information outlined in Specifications for preliminary plats, § 213-9. The proposed house and driveway location should be indicated along with all pertinent information.
[Amended 5-22-1996 by L.L. No. 2-1996]
(3) 
Where easements are required for items such as utilities, access or drainage, these must also be shown. The actual offer of easement shall be prepared by the Commissioner of Public Works and Town Attorney and submitted for review by the Planning Board.
(4) 
The plan must then be submitted to the following agencies for approval and signatures where necessary:
(a) 
Monroe County Water Authority.
(b) 
Monroe County Health Department.
(c) 
Monroe County Pure Waters, if on public sewers.
(d) 
Monroe County Department of Transportation, if the proposed driveway will enter a county highway.
(e) 
New York State Department of Transportation, if the proposed driveway will enter a state highway.
(5) 
Four copies of the agency approved plan shall be submitted to the Executive Secretary for review by the following Town officials:
(a) 
Building Inspector.
(b) 
Commissioner of Public Works or designee.
(c) 
Conservation Board Chair.
(d) 
Planning Board Attorney.
(6) 
When all the requirements are met and certification in writing from the Conservation Board has been received, the plan shall be signed by the Executive Secretary and reported to the Planning Board. Application can then be made for a building permit.

§ 213-5.1 Cluster development.

[Added 3-25-2009 by L.L. No. 1-2009]
A. 
Purpose and intent. Pursuant to § 278 of the New York State Town Law, and as authorized in § 201-1 of the Town of Brighton Comprehensive Development Regulations, the Planning Board may consider an application for approval of cluster development (as defined in § 278 of the New York State Town Law) consisting of lots that do not comply with certain zoning requirements. The purpose of authorizing the use of cluster development is to enable and encourage the flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands, including environmentally sensitive areas, consistent with the goals and objectives of the Town of Brighton Comprehensive Plan.
B. 
General provisions.
(1) 
The Planning Board alone shall make the determination whether to use clustering. This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, its application will benefit the Town.
(2) 
All applicants for cluster development shall submit an application for concept plan review, including both a conventional subdivision plan and a cluster subdivision plan, to the Planning Board.
(3) 
The Planning Board shall determine during concept review whether an applicant shall be allowed to proceed with an application for cluster development. To proceed, the Planning Board must determine that one or more of the following conditions are met:
(a) 
Designated Environmental Protection Overlay District (EPOD) areas, New York State or federal wetland areas, and/or properties designated as historic landmarks exist on or adjacent to the parcel;
(b) 
The land to be developed is contiguous to a public recreational area, parkland or permanently protected open space;
(c) 
Preservation of areas identified in the Comprehensive Plan or determined by the Town Board to be important views or significant community open space will be ensured;
(d) 
The clustering of development will provide for the more economical and efficient provision of municipal utilities and road services;
(e) 
The specific goals and policy recommendations of the Comprehensive Plan will be directly accomplished or advanced; or
(f) 
Significant environmental impacts identified through the State Environmental Quality Review Act (SEQRA) process may be mitigated.
(4) 
Once it has been determined that the application for cluster development may proceed, the procedure for review of a major subdivision shall be followed, except as that procedure may be modified in this section.
(5) 
Uses permitted in a cluster development shall be limited to those uses allowed in the applicable zoning district(s) (e.g., attached housing units shall not be allowed in a district that limits housing to detached units).
(6) 
Normal zoning requirements consistent with the Comprehensive Development Regulations, specifically relating to setbacks and buffering, shall apply to areas adjacent to neighboring parcels of land.
(7) 
The setting aside of open space in a clustered subdivision shall in no case preclude the Planning Board from requiring the dedication of parks, playgrounds or recreation lands, or the payment of fees in lieu of land, within a subdivision pursuant to a Town of Brighton Town Board resolution adopted on August 12, 1986, and as the same may have been amended thereafter.

§ 213-6 Resubdivision and lot-line adjustment.

For a resubdivision, the same procedure shall apply as for a subdivision. If the proposed resubdivision consists solely of the simple alteration of lot lines where no additional lots would be created, then normal subdivision procedures may be waived at the discretion of the Executive Secretary. A statement indicating such shall be part of the Board's record on the subdivision. Notification of the purpose for the division (i.e., lot-line adjustment) shall be shown on the plat and in the deeds. Tax numbers shall be reassigned to the new legal descriptions.

§ 213-7 One-lot subdivisions.

One-lot subdivisions may be dealt with in the same manner as lot-line adjustments. However, either the applicant or the Executive Secretary may request the one-lot subdivision be reviewed by the Planning Board subject to the requirements for major subdivisions.

§ 213-8 Specifications for concept plans.

A. 
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) 
The name of proposal, including name and address of the subdivider(s), 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 shall nevertheless be included in the sketch plan 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 (for sewage refer to County Department of Health for standards). All other lands contiguous to the proposal owned by the subdivider shall be shown on the map with the approximate acreage.
(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 and proposed buildings, environmental features such as steep slopes, watercourses, water bodies, wetlands and wooded areas. Features to be retained in the subdivision, or those to be removed, should be so indicated.
(5) 
Statement as to proposed source of water supply and method of sewage disposal. If the proposal is not to be served by a public sewer system, the subdivider is encouraged to review the Soils Survey for Monroe County New York, published by the Soils Conservation Service, to get a general idea of subsurface problems he may encounter.
(6) 
The approximate lines of proposed streets, lots and neighborhood recreation areas or other permanent open space.
(7) 
Indication of the zoning of the tract and any other legal restrictions of use.
(8) 
Names of owners of adjacent lands or names of adjacent subdivisions and the tax account numbers of all adjacent parcels.
(9) 
A location map showing the boundaries of the tract in relation to adjoining streets; and, schematically, the locations of the nearest water, power and sewer line.
(10) 
The proposal's relationship to all local plans, including open space plans.
(11) 
The general conditions of the entire site proposed for subdivision or its location with respect to a floodway or floodplain. For further information consult the Town of Brighton National Flood Insurance Rate Maps or Flood Boundary - Floodway Maps .
B. 
Any of these specifications can be waived by the Commissioner of Public Works or designee.

§ 213-9 Specifications for preliminary plats.

The preliminary plat shall be drawn on one or more sheets of tracing material and shall be clearly marked as "preliminary plat." The preliminary plat shall be drawn at a standard scale of no smaller than 50 feet to one inch and shall include the information listed below. If more than one sheet is required to show an entire tract, an index map shall be provided. When the subdivider is someone other than the owner, an affidavit by the owner of the land consenting to the application and proof of ownership shall be submitted at this time. An overall plan is needed at a scale of 200 feet to one inch.
A. 
The items listed in § 213-8A(1), (2) and (3) of specifications for concept plan.
B. 
Existing streets immediately adjoining and within the tract to be subdivided and the distance to the nearest major street intersection.
C. 
Existing drains, water lines and sanitary sewers nearby and within the tract to be subdivided, with their locations, sizes, types and approximate elevations and gradients, using mean sea level as datum plan. Existing easements for such facilities should also be shown as should proposed easements.
D. 
A statement as to proposed source of water supply and method of sewage disposal, to include a statement as to who will own the water and sewer systems, a conceptual layout of each system, whether necessary districts are formed or are in process, the receiving sewage treatment plant, the lines, dimensions and purpose of all utility easements, including properly placed fire hydrants, and preliminary design of bridges and culverts. Where water mains are not looped, blowoff valves or hydrants shall be provided. If the sanitary systems are to be individual on-site ones and the concept plan stage was not utilized, the subdivider should have his engineer or other qualified person conduct deep-hole and percolation tests on the site, witnessed by the Monroe County Department of Health, in the approximate locations where the individual sewage disposal system might be located.
E. 
A tracing overlay showing all soils and their classifications, and those areas, if any with moderate to high susceptibility to erosion for areas with potential erosion problems. The subdivider shall also include any description and outline of existing vegetation.
F. 
A separate drainage report, including calculations for runoff and pipe and channel sizing, which will clearly indicate the disposal and flood hazard preventions (when necessary) and how all runoff will be handled during grading and development operations, and erosion and sedimentation prevention measures. Design of stormwater mitigation facilities shall be as specified in the Town of Brighton Minimum Specifications for Dedication[1] and elsewhere in this chapter, and conform to the requirements of the Irondequoit Watershed Collaborative whenever possible and in lieu of employing other methods.
[Amended 6-26-2002 by L.L. No. 4-2002]
[1]
These specifications are on file in the Department of Public Works office.
G. 
The approximate lines and gradients of proposed streets and sidewalks, and the names of proposed streets.
H. 
A preliminary grading plan of the site at a contour interval of one foot, showing locations and approximate size of cuts and fills and cross sections for any final grading steeper than three horizontal to one vertical, or where the cut or fill will be more than five feet. Where no sketch plan is submitted, the preliminary plat will also include a topographic map showing the site and 200 feet of the adjacent properties at five-foot intervals.
I. 
The approximate lines of proposed lots, the acreage or square footage contained in each lot and individual lot numbering. If a proposed lot contains one or more existing buildings, the proposed yard dimensions for such buildings shall be indicated. Also included should be a typical lot layout with building and on-site sewage systems sites, driveway location, including length and width, geometrics and sight distances on existing roads, when appropriate.
J. 
The approximate locations and dimensions of areas proposed for neighborhood parks or playgrounds or other permanent open space within the subdivision.
K. 
The location of any municipal boundary lines, existing special service district lines and zoning district lines within the tract.
L. 
Indications of any nonconforming lots, showing the required and actual areas, yards and setbacks, as applicable, as well as the need for any special permits. Also, a copy of any deed restrictions or covenants as may apply to any or all portions of the subdivision shall be included.
M. 
The type and location of any confirmed waste disposal materials of any nature.
N. 
The location and quality of water bodies directly affected by and adjacent to the project and finish or design water levels.
O. 
An environmental assessment form shall be provided. Also, whether the proposal requires any state or federal permit, and why, shall be indicated.
P. 
The location of buffers required either during or after construction is completed and reasons for buffer and location of other proposed vegetation. Developments with five or more lots shall have a landscape plan included.
Q. 
The location, size and type of proposed lighting and anticipated signs, if any.
R. 
The water source and method for fire protection.
S. 
Any type of development in a special flood hazard area must have a development permit. The following information is required: name and address of applicant; location sketch of project; a site plan showing all existing structures, water bodies, adjacent roads and lot dimensions; development plans drawn to scale; elevation of the lowest floor (including basements); a description of any streams which may be impacted by the development and how that impact will be mitigated; the one-hundred-year flood elevation from the FIRM or from a registered professional engineer; or any other information required pursuant to the Chapter 211, Flood Damage Prevention, of the Brighton Comprehensive Development Regulations.
T. 
Noise decibel readings for property adjacent to expressways along roads where reversed frontage lots are proposed and residential subdivision proposals adjacent to industrial development. Readings adjacent to expressways shall be taken by the New York State Department of Transportation (NYSDOT). Readings adjacent to industrial development and other roads shall be taken by either a Town official, NYSDOT or a responsible private agency specializing in this area; the report shall include recommendations to alleviate the problem. In both cases, recommendations made for buffering these noise and sight nuisances shall be available for requirements to be met by the subdivider before approval is granted. Such control measures shall be stipulated as part of the plan.
U. 
Adequacy and arrangement of vehicular traffic access, parking and circulation.
V. 
Any special districts or associations responsible for such items as sidewalks, retention facilities, lighting, common areas and buffers and linkages. Details on development and maintenance responsibilities for these facilities shall be included.

§ 213-10 Specifications for subdivision plats.

The subdivision plat shall be drawn in ink on Mylar or material equally acceptable for filing with the Monroe County Clerk and shall give sufficient survey data to readily determine the location, bearing and length of all lines shown thereon to permit the reproduction of such lines upon the ground. The subdivision plat submission shall be composed of three parts, namely, construction sheet, record sheet and drainage report, as described in the subsections that follow.
A. 
Subdivision plat construction sheet. The construction sheet shall not be larger than thirty-four by forty-four (34x44) inches in size and shall be drawn at a scale of 50 feet to one inch and show the information listed below. Where more than one sheet is required to show the entire development, a key sheet shall be provided. All data shown on the construction sheet shall be in accordance with the requirements of the Town Engineer and the construction specifications of the Town.
(1) 
Items in § 213-8A(1), (2) and (3) of the specifications for concept plans.
(2) 
The lines of existing and proposed streets and sidewalks immediately adjoining and within the subdivision.
(3) 
The proposed names of existing and proposed streets.
(4) 
Typical cross sections of proposed streets.
(5) 
Profiles of proposed streets, at suitable vertical scale showing finished grades in relation to existing ground elevation.
(6) 
The layout of proposed lots, including lot numbers.
(7) 
The location and size of any existing and proposed sewers (stormwater or sanitary), water mains and pipes on the property or into which any connection is proposed.
(8) 
Provisions for water supply and sewage disposal, and evidence that such provisions have received approval of the Monroe County Department of Health.
(9) 
Locations of survey monuments. Before acceptance of the dedication of the highways, a certificate by a licensed land surveyor must be filed certifying that the above monuments have been placed where indicated on the map at the appropriate stage of construction as determined by the Town Engineer. Said monuments are to be related, where applicable, the Monroe County Monumentation Law and coordinated with the Monroe County Department of Engineering Survey Office.
(10) 
Plan and typical cross sections of proposed sidewalks, if any.
(11) 
Development plan, including landscaping, for any proposed neighborhood park or playground within the subdivision.
(12) 
A planting plan for street trees, where required, indicating the location, varieties and minimum size of trees to be planted and of existing trees to be preserved as street trees.
(13) 
Brief specifications, or reference to Town standards, for all facilities to be constructed or installed within the subdivision.
(14) 
Certification by a professional engineer or a land surveyor, licensed to practice in the State of New York, as evidence of professional responsibility for the preparation of the construction sheet.
[Amended 5-22-1996 by L.L. No. 2-1996]
B. 
Subdivision plat record map. Unless the Monroe County Clerk specifies otherwise, the record sheet shall be seventeen by twenty-two (17 x 22), or twenty-two by thirty-four (22 x 34), or thirty-four by forty-four (34 x 44) inches in size and shall be drawn on linen at a scale of 50 feet to one inch and show the information listed below. Where more than one sheet is required to show the entire development, an index map to scale showing all sections shall be provided.
(1) 
Items in § 213-8A(1) and (2) of the specifications for concept plans.
(2) 
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 subdivisions is required. In whatever manner that is practical pursuant to the Monroe County Monumentation Law, the subdivision boundary shall be referenced from two directions to establish United States Coast and Geodetic Survey monuments, New York State Plane Coordinate monuments, New York State Department of Transportation control monuments along expressways or Monroe County Geodetic Survey monuments. In the event that such monuments have been obliterated, the subdivision boundary shall be referenced to the nearest highway intersections or previously established monuments of subdivisions or public lands. Any combination of types of reference points may be accepted which would fulfill the requirement of exact measurements from the subdivision boundary to reference points previously established for or by a public agency.
(3) 
The lines of existing and proposed streets and sidewalks within the subdivision and their existing or proposed streets and sidewalks on adjoining properties.
(4) 
The lines and dimensions of proposed lots, which shall be numbered. If a proposed lot contains one or more existing buildings, the yard dimensions for such buildings shall be indicated. Existing buildings outside the limits of the plat but within 75 feet of any proposed street or 25 feet of any proposed lot line shall also be shown.
(5) 
The lines and purposes of existing and proposed easements immediately adjoining and within the subdivision.
(6) 
The lines, dimensions and areas in square feet of all property that is proposed to be reserved by deed restriction or covenant for the common use of the property owners of the subdivision or for any other reason.
(7) 
The location of monuments to be placed within the subdivision based on guidance by the Monroe County Department of Engineering Survey Office.
(8) 
The locations of existing and proposed water supply lines, storm sewers and sanitary sewers within the subdivision.
(9) 
The locations of any municipal and zoning boundary lines within the subdivision.
(10) 
Written statements as to:
(a) 
The zoning of the property within the subdivision.
(b) 
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 or, if variances are needed, such should be stated along with the nature of the variance(s) and location(s).
(11) 
Seal and certification by a licensed professional engineer or a licensed land surveyor as evidence of professional responsibility for the preparation of the record sheet and a place for the liber and page where filed.
(12) 
Offers of dedication to the municipality of any open space, recreation, road or other improvement and these facilities to be retained by the subdivider, including the method of maintenance and improvement thereof. Such offers shall be received and approved by the Municipal Attorney as to their legal sufficiency.
C. 
Subdivision drainage plan. This plan shall be on a separate sheet of the same size and scale at the record sheet and shall provide the following information:
(1) 
Plans, profiles and typical and special cross sections of proposed stormwater drainage facilities.
(2) 
Supporting final design data and copies of computations used as a basis for the design capacities and performance of the drainage facilities.
(3) 
Subdivision grading plan developed to a suitable contour interval, with grading details to indicate proposed street grades and building site grades and elevations through the subdivision. The contour interval of the grading plan shall be one, two or five feet (vertical), the selection to result in a horizontal distance between contour lines of not more than 100 feet. All grades shall be referenced to United States Coast and Geodetic Survey datum.
(4) 
If the subdivision is within or adjacent to the special flood hazard area of any body of water, a detailed analysis to the area with respect to floodplain management and land use will be included in the subdivision drainage plat report.
(5) 
Any requirements concerning drainage that are now in or are from time to time incorporated in the Comprehensive Development Regulations of the Town of Brighton.
(6) 
Location of all buildings proposed.
(7) 
Number of each lot.
(8) 
Location and means of controlling erosion within the project limits.
(9) 
Slope stabilization details.
(10) 
Stormwater detention basins.
D. 
Monroe County filing requirements. To facilitate the filing of the subdivision or resubdivision maps with the County of Monroe, the following are required:
(1) 
If there are any new streets, the form entitled "Application for Approval of Plat," shall be submitted. This form can be obtained from the Monroe County Clerk's office.
(2) 
A tax search and fee shall be made as required by the Monroe County Treasurer's office.
(3) 
An original tracing in linen or Mylar, plus five prints at the time the map is filed.
(4) 
Any map fronting on a county highway must be submitted to the County Department of Transportation for its approval and must have the standard drainage note and reservation for future highway purposes. (Fifteen and twenty-five-hundredths feet on a forty-nine-and one-half-foot-wide highway and seven feet on a sixty-six-foot-wide highway.)
(5) 
Map sizes shall be one of the following: seventeen by twenty-two (17 x 22) inches, twenty-two by thirty-four (22 x 34) inches or thirty-four by forty-four (34 x 44) inches.
(6) 
Surveyor's seal and certification must be on the tracing and a professional engineer's signature and seal, if complex engineering is proposed. This seal must be legible, not smudged, or the County Clerk will not accept it for filing.
(7) 
Original tracing must be signed by the following agencies when their review is germane to the proposal in this order: New York State Department of Transportation, Monroe County Water Authority, Monroe County Division of Pure Waters, Monroe County Department of Transportation, Monroe County Health Department (if five lots or more), Brighton Town Clerk, Brighton Commissioner of Public Works, Brighton Planning Board or Senior Planner (or such other individual as shall be designated by the Commissioner of Public Works), Monroe County Treasurer's Office. The map must be filed within 60 days of the Town approval.
[Amended 4-27-2022 by L.L. No. 5-2022]
(8) 
The filing fee, payable to the Monroe County Clerk.
(9) 
The lot feet charge, payable to the Monroe County Director of Finance.

§ 213-11 General standards.

The Planning Board, in reviewing an application for approval of a development, shall be guided by the considerations and standards presented in this Article. In its review, the Planning Board shall take into consideration the prospective character of the development and require that improvements be designed to such standards as are consistent with reasonable protection of the public health, safety, morals and general welfare. In addition, all design shall be in accordance with the Town of Brighton  Minimum Specifications for Dedication[1] and all other requirements found elsewhere in this chapter.
A. 
Land to be subdivided or developed 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.
B. 
Proper provision shall be made for drainage, water supply, sewage and other needed improvements, and all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties.
C. 
The 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 Master Plan shall be such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access to fire-fighting equipment to buildings.
D. 
Proper provision shall be made for open spaces, such as the recommended open space sites in the Master Plan, buffers and linkages, proposed parks and playgrounds, or recreation fees paid in lieu thereof.
E. 
Insofar as possible, all existing features of the landscape such as large trees, rock outcrops, water sources, historic sites and historic structures and other irreplaceable assets should be preserved through an imaginative design of the subdivision.
F. 
Existing features of the site which would add value to residential or other development, such as desirable trees, water bodies and watercourses, historic sites and similar irreplaceable assets, should be preserved through harmonious design of the subdivision.
G. 
Subdivisions shall conform to the streets and parks shown on the Official Map of the Town, as may be adopted, and shall be properly related to the Town Master Plan as it is developed and adopted by the Planning Board.
[1]
These specifications are on file in the Department of Public Works office.

§ 213-12 Lot size and arrangement.

The dimensions and arrangements of lots shall be such that there will be no foreseeable difficulties, for reasons of topography, reservations, dedications or other conditions, in providing access to buildings of such lots or in securing building permits to build on the lots in compliance with the Comprehensive Development Regulations or other requirements. In general, side lot lines should be at right angles or radial to street lines, unless a variation from this can be shown to result in a better plan. The following regulations shall govern the layout of lots:
A. 
The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
B. 
All lots shown on the subdivision plat must conform to the minimum requirements of the Comprehensive Development Regulations as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 278 of the Town Law, the Planning Board may use its discretion in determining lot sizes and other bulk requirements.
[Amended 3-25-2009 by L.L. No. 1-2009]
C. 
Each lot shall abut on a street built to the Town's specifications for dedication. The only exception to this requirement shall be lots with access by private drives.
D. 
Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by the Comprehensive Development Regulations.
E. 
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.
F. 
Side lines of lots shall be at right angles to straight streets and radial to curved streets.
G. 
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 investigation, require modification of such lots.
H. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Comprehensive Development Regulations and to provide for convenient access, circulation control and safety of street traffic.
I. 
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.
J. 
Double frontage lots will not, in general, be approved.
K. 
Where lots abut existing Town, county or state streets, marginal access roads or a reverse frontage approach shall be used, with a minimum number of driveways and/or streets entering onto these roads.
L. 
Flag lots. Flag lots, as defined in § 201-5, shall be permitted, subject to the following requirements:
[Added 5-26-2004 by L.L. No. 10-2004]
(1) 
The pole of each flag lot shall have a minimum width along a street as required in § 207-9, Lot widths. This minimum width, measured perpendicular to the sides of the pole, shall be maintained throughout the length of the pole of the lot.
(2) 
Determination of pole and flag. The pole/flag boundary line shall be a line drawn parallel to the street line of the pole or perpendicular to a side of the pole, as determined by the Planning Board or the Executive Secretary of the Planning Board based on the configuration and orientation of the lot. The boundary line shall be drawn at the closest point to the street beyond which the width of the lot, measured as described above, is consistently equal to or greater than 60 feet between lot lines.
(3) 
Determination of the lot lines and yards. The Planning Board shall designate front, rear and side lot lines based on the following:
(a) 
The front lot line shall be the lot line generally parallel to the proposed front of the principal structure. In cases where the flag of the lot abuts a street from which access cannot be obtained, that lot line along the street shall also be considered a front lot line, and the lot line parallel to the proposed front of the principal structure shall be the primary front lot line.
(b) 
Once the front lot line is determined, the front yard and rear and side lot lines and yards shall be determined as described elsewhere in the Code.
(4) 
Bulk requirements. The pole portion of a flag lot shall not be used in satisfying any bulk requirements contained in Chapter 205, Article I, District Bulk Regulations. All bulk requirements shall be satisfied on the main (flag) portion of the lot. For any flag lot, the following standards shall be met in lieu of the respective requirements of Chapter 205, Article I, District Bulk Regulations.
(a) 
Lot area. The minimum lot area required for any flag lot shall be 1 1/2 times the minimum lot area required by the bulk regulations for the zoning district. The pole portion of the lot shall not be used in satisfying lot area requirements.
(b) 
Lot width. The flag portion of any flag lot shall be capable of containing a circle with a diameter equal to the minimum lot width required by the bulk regulations for the zoning district.
(c) 
Front and rear yards. The minimum depth of front and rear yards shall be as required by the bulk regulations for the zoning district.
(d) 
Side yards. The required side yard shall be a minimum of 30 feet in the RLL and RLA Zoning Districts and a minimum of 20 feet in the RLB, RLC, and RM Zoning Districts. Side yards for other zoning districts shall be as required by bulk regulations.
(5) 
Once yards and setbacks have been determined by the Planning Board during subdivision review, the applicant shall be required to add the pole/flag boundary line and building envelope, including yard designation, to the subdivision plat prior to filing the plat with Monroe County.
(6) 
No buildings shall be located in the pole of any flag lot.
(7) 
Adjacent flag lots shall share a common private drive. However, the Planning Board may permit the use of separate drives in those cases where evidence presented to the Board shows that the use of a common drive would be infeasible.
(8) 
The Planning Board shall require that a concept plan for all contiguous land under common ownership is included with any application for flag lot subdivision.
(9) 
The subdivider shall demonstrate to the satisfaction of the Planning Board that:
(a) 
Public water service and other utilities can be provided.
(b) 
Access is clearly defined and does not create access conflicts with adjacent lots.
(c) 
Sufficient parking is provided for residents and guests.
(d) 
The length of the flag lot drive does not negatively impact clear addressing or visibility from an emergency or service vehicle. Flag lots shall meet the address display requirements of § 46-2 of the Town Code, including requirement for address display at street.
(e) 
On-site mitigation of drainage impacts from proposed site improvements will be provided so that runoff is contained and routed without adverse impacts on adjoining properties.
(f) 
All other requirements of this chapter are met.
(10) 
Lighting standards. Exterior lighting shall not be directed at adjoining properties and shall be hooded or shielded so that glare will not become a nuisance to adjoining properties. Lights provided along access drives shall not exceed four feet in height.
(11) 
Adequate provision shall be made for fire protection and emergency access. The developer shall demonstrate to the Planning Board that access drive pavement construction standards, pavement width, vehicle turnarounds, and location of fire hydrants meet the requirements of Town and New York State regulations and adequately provide for access by emergency services. For subdivisions creating more than one flag lot, the access drive to such flag lots shall be a minimum of 18 feet in width and shall be constructed of hard-surface material suitable for use by fire trucks and other emergency vehicles.
(12) 
The access drive and flag portion of the lot shall be screened from adjoining properties as determined necessary by the Planning Board.

§ 213-13 Access.

Access locations shall be guided by the Access Control Regulations found in Chapter 207, Supplementary Regulations, Article IV, of the Comprehensive Development Regulations. The following regulations shall govern the layout of streets:
A. 
Subdivisions shall be so designed as to provide a street pattern which is curvilinear in design. The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.
B. 
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or for their proper protection where adjoining land is not subdivided, at the same or greater width insofar as such may be deemed necessary for public requirements.
C. 
Local residential streets shall be designed so as to discourage through traffic.
D. 
All right-of-way street widths and street pavements shall be measured at right angles or radial to the center line of the street and shall be in accordance with the Design Criteria and Construction Specifications.[1]
[1]
These specifications are on file in the Department of Public Works office.
E. 
Whenever possible, streets should intersect at right angles and not intersect at angles of less than 75º unless approved by the Planning Board.
F. 
The grades of streets shall be in accordance with the Design Criteria and Construction Specifications established by the Town Engineer, and such grades, as submitted on subdivision plats, shall be approved by him prior to final approval by the Planning Board.
G. 
All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of the existing subdivision.
H. 
All cul-de-sac streets shall meet the Minimum Specifications for Dedication and the following additional standards:
(1) 
A cul-de-sac should be located, if possible, so that it drains toward its entrance.
(2) 
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 except when a future extension is anticipated.
(3) 
No cul-de-sac shall exceed 500 feet in length.
I. 
If a dead-end street is of a temporary nature, a similar 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.
J. 
New half or partial streets shall not be permitted, except that whenever 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.
K. 
Multiple intersections involving a junction of more than two streets shall be prohibited.
L. 
Local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.
M. 
The minimum distance between center-line offsets at street jogs shall be 150 feet.
N. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. This is to be checked with the United States Postal Service and the Monroe County 911 Program Analyst.
O. 
The minimum radius of horizontal curves, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Town Engineer, and said items shall be approved by him prior to final approval of the subdivision plat by the Planning Board.

§ 213-14 Prevention of landlocked parcels.

No division of land shall result in any of the parcels not having at least one access point to at least one public (or private) road. Where the remaining parcel is located so that access to a public road would be gained by a road from the main portion of the parcel, there shall be enough land remaining to provide for a public (or private) road from the site to the main road.

§ 213-15 Buffers and linkages.

Landscape buffers shall be provided between marginal access roads and major streets and may be required in other areas, along with berms, to reduce noise levels and undesirable vistas. See Linkages and Buffers recommended standards in the Appendix, Part 2, to the Comprehensive Development Regulations.

§ 213-16 Streams and drainage ways.

Subdivision lots should be laid out as much as is possible so that side or rear lot lines follow the center line of a stream or drainageway which may be within the subdivision. Thoroughfare crossings of streams shall be kept to a minimum and will be at right angles to the stream.

§ 213-17 (Reserved) [1]

[1]
Editor's Note: Former § 213-17, Cul-de-sac streets, was repealed 9-9-1999 by L.L. No. 3-1998.

§ 213-18 Road intersections.

In general, all streets and roads shall intersect so that for a distance of at least 100 feet each street is approximately at right angles to the street it joins. Minor or secondary road intersections with collector or major roads shall be separated by at least 200 feet, but in no case by less than the stopping sight distance corresponding to the legal speed limit.

§ 213-19 Provisions for future resubdivision.

Where a tract is subdivided into lots two or more times as large as the minimum size required in the zoned 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 and the Comprehensive Development Regulations.

§ 213-20 Nonresidential subdivisions.

Standards for design and construction of recreational, commercial, industrial and other nonresidential subdivisions shall be governed by sound engineering and planning practice, and utilities shall be sized commensurate with the demand anticipated upon full development based upon reasonably anticipated uses.

§ 213-21 Self-imposed restrictions.

The owner may place restrictions on the development greater than those required by the Comprehensive Development Regulations. Such restrictions, if any, shall be indicated on the preliminary and final subdivision plat.

§ 213-22 Modification of standards.

The Planning Board, by resolution, 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. All modifications shall be shown on the final subdivision plat.

§ 213-23 Easements.

A. 
An easement shall be provided for all natural drainageways 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 subdivision plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose.
B. 
Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially to the lines of such watercourse shall be provided. The easement shall be of such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance.
C. 
Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Commissioner of Public Works or designee. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. See § 213-15, Buffers and linkages.