[HISTORY: Adopted by the Village Board of the Village of
Churchville 8-22-2011 by L.L. No.
1-2011 (Ch. 92 of the 1984 Code). Amendments noted
where applicable.]
As authorized by this chapter, the Planning Board of the Village
of Churchville shall continue to have the power and authority to approve
plans for subdivisions pursuant to and in accordance with the provisions
of this chapter.
For the purpose of providing for the future growth and development
of the Village and affording adequate facilities for the housing,
transportation, distribution, comfort, convenience, safety, health
and welfare of its population, the Village Board, by local law, does
hereby authorize and empower the Planning Board to approve preliminary
and final plans of subdivisions showing lots, blocks or sites, with
or without streets or highways.
A.
BOARD
COMPREHENSIVE PLAN
CONCEPT PLAN
DEVELOPMENT GUIDELINES
ENGINEER
FINAL PLAN
PRELIMINARY PLAN
SEQR
SUBDIVISION
VILLAGE MAP
For the purpose of this chapter, certain words used herein are defined
as follows:
The Planning Board of the Village of Churchville.
The adopted Comprehensive Plan for the development of the
Village of Churchville, including any updates or amendments.
An informal schematic presentation of existing features and
proposed development meeting the requirements for a "concept plan,"
as prescribed in the Development Guidelines.
The Development Guidelines dated July 1998 and adopted by
the Village Board by resolution of March 1, 1999, as thereafter amended
and supplemented. It is intended that such guidelines provide the
detailed applicable criteria, standards and requirements for the preparation,
design and presentation of applications and related reports and materials
submitted to the Planning Board for approval of concept plans, preliminary
plans and final plans for subdivisions and other site development,
as well as construction standards for the installation and performance
of improvements and other work in approved subdivisions and site developments.
Whenever there is an inconsistency or conflict between the provisions
of the Development Guidelines and this chapter, or the provisions
of the Village Law relating to the subdivision approval process (see,
specifically, § 7-728, § 7-730 and § 7-732),
the provisions of this chapter and the Village Law shall control.
The duly designated Engineer of the Village of Churchville
or, if there is no such official, the planning consultant or engineer
employed by the Village and assigned to the Village Planning Board.
A plan meeting the requirements for a final plan, as prescribed
by the Development Guidelines, and submitted to the Planning Board
for approval and which, if approved, is submitted to the County Clerk
for recording.
A plan meeting the requirements for a preliminary plan, as
prescribed by the Development Guidelines, and submitted to the Planning
Board for its consideration.
The State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and its implementing regulations.
The division or combination of any parcel of land into a
lot or number of lots, blocks or sites, with or without streets or
highways, for the purpose of sale, transfer of ownership, or development,
or any other purpose, except the division or transfer of land pursuant
to an order of a court having jurisdiction. Subdivision shall also
include any alteration of lot lines or dimensions of any lots or sites
shown on a plan previously approved and filed in the office of the
Monroe County Clerk (commonly known and referred to as a "resubdivision").
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The map established by the Village Board showing the streets,
highways and parks of the Village, as laid out, adopted and established,
and such additional information (such as zoning districts) as authorized
by the Village Board, together with any amendments or additions to
the map adopted by the Village Board.
B.
To the extent that the definition of any term defined herein is in
conflict with the definition of the same term as set forth in § 7-728
of the Village Law, the definition set forth in the Village Law shall
control.
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell or transfer any land within such subdivision or any part thereof is made, by lot numbers, and before any permit for the erection of a structure on such lot or land shall be granted to the subdivider or owner of the property, or his agent, the subdivider, owner or agent shall apply, in writing, to the Board for approval of such subdivision. The application of the subdivider, owner or agent to the Board shall conform to the specifications of this chapter, the Village Map, the Comprehensive Plan, SEQR, Chapter 250, Zoning, of the Village Code, the Development Guidelines and any other applicable state or federal law, rule or regulation regarding the subdivision of land, including but not limited to Article 7 of the Village Law of the State of New York, and particularly § 7-728, § 7-730 and § 7-732. For the convenience of applicants and their professionals, the Village Clerk shall make available copies of the foregoing Village Law sections with copies of this chapter.
The owner of the property to be subdivided must show clear title
to any land included within such proposed subdivision of land, and
in the event that the owner is not the applicant to the Planning Board,
the owner must submit written and notarized authorization for the
applicant to make such application.
Subdivision filing fees, as set forth by resolution of the Village
Board, shall be paid to the Village Clerk in such manner as is set
forth by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The approval process generally shall follow the sequence of
events outlined in the Development Guidelines, and shall accord with
the following:
A.
Concept review. Prior to the filing of any application for approval
of a preliminary plan, the subdivider may submit general site information,
a location map and a sketch plan with a request for informal consideration
and advice. This step does not require formal application, fee or
the filing of a plan. The purpose of the preapplication, concept procedure
is to afford the subdivider an opportunity to consult early and informally
with the Planning Board before preparation of the preliminary plan,
in order to save time and money and to make the most of opportunities
for discussion of desirable design and development issues. The concept
plan shall comply with and be reviewed in accordance with the requirements
of the Design Guidelines.
B.
Preliminary plan procedure. The application for preliminary plan
approval shall contain or be accompanied by such maps, reports, calculations,
plans, drawings, profiles, layouts and other documentation, and in
such form and detail, as may be required by the Development Guidelines.
The Planning Board shall consider and process such application, and
render its decision thereon, in accordance with the provisions of
§ 7-728 and § 7-730 of the Village Law relating
to the approval of preliminary plans, as supplemented by these regulations
and the Development Guidelines.
(1)
Applications shall be referred to the Monroe County planning agency
in accordance with § 239-m and § 239-n of the
General Municipal Law.
(2)
The Planning Board shall comply with the provisions of SEQR and shall
coordinate the SEQR review process and the preliminary plan review
process in accordance with § 7-728 of the Village Law and
SEQR.
(3)
Public hearings shall be held on the application as provided in § 7-728
of the Village Law.
C.
Final plan procedure. The application for final plan approval shall
contain or be accompanied by such maps, reports, calculations, plans,
drawings, profiles, layouts and other documentation, and in such form
and detail, as may be required by the Development Guidelines. Such
materials shall contain the modifications directed by the Planning
Board in its decision with regard to preliminary plan approval, or
shall identify those modifications not made and set forth applicant's
rationale as to why the modifications were not made. The Planning
Board shall consider and process such application, and render its
decision thereon, in accordance with the provisions of § 7-728
and § 7-730 of the Village Law relating to the approval
of final plans, as supplemented by these regulations and the Development
Guidelines. Final plans which are not in substantial compliance with
the preliminary plan and the modifications required thereon may be
subject to additional SEQR review and public hearings. The final plan
shall include the signatures of the Planning Board Chair, Village
Engineer, Superintendent of Public Works, Building Inspector/Code
Enforcement Officer, Monroe County Water Authority, and such other
officers as may be identified by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Revocation of approval of preliminary plan. In accordance with § 7-728 of the Village Law, approval of the preliminary plan shall expire and be revoked within six months of the date on which the decision of the Planning Board granting approval of the preliminary plan was filed in the Village Clerk's office, unless within that time period an application for final approval has been filed with the Clerk of the Planning Board; provided, however, that the Planning Board may extend the time for filing of the application for final plan approval for not more than two periods of 90 days each, upon written application therefor and if, in the opinion of the Board, the conditions set forth in Subsection D below have been met.
B.
Expiration of conditional approval. If conditional approval of a final plan has been granted, all requirements of the conditional approval must be certified as completed within 180 days of the date on which the decision of the Planning Board granting conditional approval of the final plan was filed in the Village Clerk's office, or the approval shall expire and be revoked. Certification that all conditions have been satisfied shall be evidenced by the signature, on the plan to be filed in the County Clerk's office, of all required officials, including the Planning Board Chair, the Village Engineer, Superintendent of Public Works, Planning Board Attorney, and such other officers as may be designated by the Planning Board. The Board may extend such time for additional periods of 90 days each, upon written application therefor, if, in the opinion of the Board, the conditions set forth in Subsection D below have been met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Filing with County Clerk. In accordance with § 7-728 of the Village Law, the approved final plan, including all conditions required by the Planning Board in its decision, and certified as having been completed in accordance with any Planning Board conditions as set forth in Subsection B above, must be filed by the subdivider in the Monroe County Clerk's office within 62 days from the date of final approval, as certified by the signature of all required officials, including the Planning Board Chair, the Village Engineer, Superintendent of Public Works, Planning Board Attorney, and such other officers as may be designated by the Planning Board.
D.
For the purposes of Subsections A, B and C above, the Planning Board, in reviewing an application for extension of a time period for approval, shall consider the following:
(1)
Whether, in the opinion of the Planning Board, the application or
satisfaction of conditions imposed by the Planning Board is being
diligently prosecuted by the applicant, or there are extenuating circumstances
beyond the control of the applicant preventing diligent prosecution
or satisfaction of the conditions; and
(2)
There are no physical changes in the immediate vicinity of the property;
and
(3)
There has been no change in the applicable subdivision or zoning
regulations, or applicable state or county stormwater control or environmental
review regulations, or applicable provisions of the Development Guidelines.
A.
Under no circumstances will a building permit be issued or construction
or improvements be started before final approval of the plan has been
granted by the Planning Board, all required signatures have been affixed
to the plan, the Mylar copy of the plan has been filed with the Monroe
County Clerk and a notice to proceed has been issued by the appropriate
Village official.
B.
The subdivider will be required to file with the Village Board financial
security as outlined in the Development Guidelines. The Village Board
will require from the Village Attorney or other designated legal advisor
an opinion as to the adequacy of any bond that may be proffered.
C.
The subdivider will be required to tender offers of conveyance or
cession, in a form satisfactory to the Village Attorney, of all land,
including streets, highways or parks and easements, not specifically
reserved by the owner. Approval of the final plan by the Planning
Board does not constitute an acceptance by the Village of the dedication
of any street, highway, park or other public open space.
D.
The developer must notify the Village prior to the commencement of
any construction or improvements so that the Village may have the
Building Inspector/Code Enforcement Officer or other designated inspector
available on site.
E.
Corner stakes and elevation stakes shall be required in all properties
when resurveyed and/or subdivided before a building permit is issued.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
For a resubdivision, the same procedures, rules and regulations
shall apply as for a subdivision.
A.
It shall be unlawful for any person, firm or corporation, or agent
thereof, to:
(1)
Sell or transfer any parcel of land for which subdivision approval
is required by the provisions of this chapter, until such approval
has been obtained and the approved final plan is filed in the County
Clerk's office. For the purposes of this section, each parcel
of land sold or transferred without the approval required by this
chapter shall be considered a separate violation.
(2)
Commence any construction or perform any improvements on any land
for which subdivision approval is required by the provisions of this
chapter, until such approval has been obtained and the approved final
plan is filed in the County Clerk's Office.
(3)
Fail to comply with the requirements of the Development Guidelines
adopted by the Village Board, as amended.
(4)
Commit any other violation of the provisions of this chapter.
B.
Any person, firm or corporation, or agent thereof, who or which fails
to comply with or violates any of the provisions of this chapter shall,
upon conviction, be punishable:
(1)
By a fine not exceeding $350 or imprisonment for a period not to
exceed six months, or both, for conviction of a first offense;
(2)
By a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both, for conviction of
a second offense, both of which were committed within a period of
five years; and
(3)
By a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both, for conviction of
a third or subsequent offense, all of which were committed within
a period of five years.
C.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this chapter shall be deemed misdemeanors,
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations.
D.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any building, structure
or land is used, or any land is divided into lots, blocks or sites
in violation of this chapter, or of any local law or other regulation
made under authority conferred thereby, the proper local authorities
of the Village, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, use or
division of land, to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such premises.
All issues in any action or proceeding for any of the purposes herein
stated shall have preference over all other civil actions and proceedings.
