[Amended 10-13-1977 by L.L. No. 7-1977; 10-28-1981 by L.L. No. 5-1981; 6-27-1990 by L.L. No.
4-1990; 12-10-1997 by L.L. No. 6-1997; 12-27-2006 by L.L. 10-2006]
The provisions of this chapter are minimum requirements adopted for the purposes enumerated in Article I, § 208-3B, of this chapter. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the most restrictive provisions, or those imposing the higher standards, shall govern.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
If a map has been given final approval by the Planning Board
and has been filed in the Monroe County Clerk's office and a performance
or maintenance bond is then in effect pursuant to § 277
of the Town Law, or all improvements have been installed by the developer
and accepted by the Town, and the period of the maintenance bond has
expired, the Director of Building and Codes may approve for filing
in said Clerk's office resubdivision maps which vary the size of lots,
location of lot lines or setback lines, provided that the result of
said changes does not increase the total number of lots and does not
violate any of the provisions of this chapter. The Director is authorized
to approve resubdivision maps of subdivisions of duplex homes if such
resubdivision map divides one duplex lot into two lots for semidetached
dwellings, the common line of which runs through the center of the
common wall of the original duplex home on said lot.
For regulations relating to the enforcement
of these provisions, see the Enforcement Procedures Law of the Town
of Perinton.[1]
[Amended 2-24-2010 by L.L. No. 1-2010; 3-10-2010 by L.L. No. 2-2010; 12-18-2019 by L.L. No.
2-2020]
A.
Pursuant to the provisions of the Town Law applicable thereto, the
Town Board shall appoint a Planning Board consisting of the number
of members and for the term of years set forth in § 271
of the Town Law of the State of New York. Said members are hereby
vested with the powers and duties and made subject to the limitations
set forth in §§ 271 through 281 of the Town Law of
the State of New York, as the same may be amended, modified or changed
from time to time, or any sections subsequently adopted pertaining
to Planning Boards.
B.
Pursuant to the provisions of the Town Law applicable thereto, the
Town Board shall appoint a Board of Appeals consisting of the number
of members and for the term of years set forth in § 267
of the Town Law of the State of New York. Said members are hereby
vested with the powers and duties and made subject to the limitations
set forth in § 267 of the Town Law of the State of New York,
as the same may be amended from time to time, or any sections subsequently
adopted pertaining to Boards of Appeals.
C.
The Planning Board and the Board of Appeals shall establish such
rules and regulations as are required by law and the provisions of
this chapter for the transaction of their business, and may amend,
modify and repeal the same from time to time.
D.
Whenever the Planning Board or the Board of Appeals, after hearing
all the evidence presented upon an application for appeals, under
the provisions of this chapter, denies or rejects the same, each Board
shall refuse to hold further hearings on the same or substantially
similar application for appeal by the same applicant, their successors
or assigns, for a period of one year, except and unless either Board
shall find and determine from the information supplied by the request
for a rehearing that changed conditions have occurred relating to
the promotion of public health, safety, convenience, comfort, prosperity
and general welfare and that a reconsideration is justified. Such
rehearing may be granted only upon the favorable vote of a majority
of the Board plus one.
E.
All applications before the Planning Board, Board of Appeals and
special permit and rezoning applications before the Town Board shall
be subject to the posting of "notice of application/property under
review" signs in accordance with guidelines set by the Director of
Buildings and Codes. Said sign shall notify the public of a pending
application and hearing and shall be posted not less than 14 days
prior to and up to the date of the hearing.
[Amended 3-24-2021 by L.L. No. 2-2021]
F.
No map or plat of lots in the Town of Perinton shall be filed in
the Monroe County Clerk's office until the same shall have been approved
in writing by the Planning Board after written application for such
approval. The applicant shall furnish such information as shall be
required by the Board pertaining thereto, and a duplicate copy of
such map showing the date of its approval shall be filed in the office
of the Director of Building and Codes.
For penalty provisions applicable to this chapter, see Chapter 115, Enforcement Procedures, of the Town of Perinton.
