Penfield City Zoning Code
ARTICLE XI
Subdivision Approval
§ 250-11.1 Purpose.
The purpose of subdivision approval is to ensure compliance with the objectives of this chapter, thereby promoting the public health, safety and general welfare.
§ 250-11.2 Authorization to approve or deny subdivision plats.
A.
The power to approve, approve with conditions, or deny subdivision plats as required by this article is vested in the Planning Board or Town Board, as the case may be. Whenever any subdivision of land is proposed to be made, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his/her duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with adopted current requirements and procedures of the appropriate board.
B.
In the event a transfer of property is proposed which does not create an additional building lot or substandard lot, the authorized official shall review said transfer and may require information including, but not limited to, instrument surveys of all affected properties and/or input from the Planning Board or Town Board, as the case may be. No deed for such transfer of property shall be accepted by the Assessor unless accompanied by a written recommendation from the authorized official.
C.
In the event that property previously subdivided is proposed to be resubdivided, resulting in a reduction of the number of approved lots, the Planning Board or Town Board, as the case may be, shall review the proposed resubdivision plat and, at its option, require a public hearing to properly consider such resubdivision. The appropriate board may approve, deny or approve with conditions said request for resubdivision, in conformance with the adopted rules and regulations of the Penfield Planning Board or Town Board, as the case may be.
D.
The owner of property in the Town of Penfield is not permitted to mortgage less than the entire parcel of land.
§ 250-11.3 Factors for consideration.
The appropriate board's subdivision review shall include, but is not limited to, the following considerations:
A.
Character of the land, including topography and watercourses.
B.
Conformity to the Official Zoning Map and harmony with the current Comprehensive Plan of the Town.
C.
Current development regulations and specifications.
D.
Street layout and design.
E.
Street names.
F.
Arrangement of lots.
G.
Drainage improvements.
H.
Utility, sidewalk and pedestrian access, and conservation easements.
I.
Parks and open space.
(1)
Parks, open spaces, and natural features, including ownership, use, and maintenance of such lands. Where deemed essential by the Planning Board or Town Board, as the case may be, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Comprehensive Plan, the Planning Board or Town Board, as the case may be, may require the dedication or preservation of areas or sites of a character, extent, and location suitable to the needs created by such development for a park or parks, playground or other recreational uses.
(2)
If the Planning Board or Town Board, as the case may be, determines that a suitable park or parks of adequate size cannot be properly located in any such subdivision, or are otherwise not practical, the Board shall require, as a condition of approval of the subdivision plat, a payment to the Town of a playground or recreation site and development fee as established by resolution by the Town Board. Such fee shall be paid to the Town Clerk at the time of the issuance of a building permit for new residential or apartment construction, and shall be used exclusively to purchase, acquire, develop and equip park, playground and other recreational areas.
J.
Density calculation. An applicant shall subtract from the total land area the following: land for roads and streets, areas unsuited for development, areas left vacant for park and recreation facilities, buffering, and all other applicable requirements. The density calculation can then be performed based on the minimum lot size and density requirements of the zoning district.
K.
Special benefited districts required, including, but not limited to, lighting, sewer, water, ponds, parks, or other improvements.
L.
Applications utilizing on-site individual sewage disposal systems will require the approval of the Monroe County Health Department. Proposed lot geometry must conform to the Monroe County Health Department's criteria as well as this chapter.
M.
Documents required for dedication of public improvements.
§ 250-11.4 Cluster development.
A.
The Planning Board or Town Board, as the case may be, is empowered to modify applicable provisions of this chapter in accordance with the provisions of Town Law § 278 for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands.
B.
A subdivider or the Planning Board or Town Board, as the case may be, may request the use of Town Law § 278, in which case the subdivider shall present, along with the proposal in accordance with the provisions of Town Law § 278, a conventional sketch plat which is consistent with all the criteria established by this chapter.
C.
Upon determination of the Planning Board or Town Board, as the case may be, that such proposal is suitable for application under Town Law § 278, the applicant may proceed with his/her application for subdivision review.
D.
On the filing of a plat in which Town Law § 278 has been used in the office of the County Clerk, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto on the Official Zoning Map.
E.
For any areas that are intended as open space with the intent to preserve the natural and scenic qualities of open lands, which may include otherwise considered "nonconforming lots" as deemed appropriate per the use of Town Law § 278, the plat shall incorporate a note identifying the approval per Town Law § 278 and therefore is not subject to further subdivision.
§ 250-11.5 Required subdivision map.
A.
For the purpose of this chapter, the division of any premises into more than one lot is hereby declared to be a subdivision. No permit for any construction shall be issued for more than one main structure on any premises unless a map of said premises has been prepared in accordance with all applicable statutes and ordinances and in accordance with the current adopted rules and regulations of the Penfield Planning Board or Town Board, as the case may be, and the map has been filed in the office of the Monroe County Clerk.
B.
Approval of a final plat shall expire within 180 days after the date of the Planning Board resolution of approval as provided by Town Law § 276. Extension may be granted by the Planning Board or Town Board, as the case may be, under Town Law § 276.