A.
Concept, preliminary and final plats for all proposed
subdivisions and/or site plans of land lying within the Town/Village
limits shall be filed with the Zoning Board of Appeals for approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Subdivision plats and/or site plans and supporting
data submitted to the Zoning Board of Appeals will be considered at
the Board's next regularly scheduled meeting, provided that they are
received at least 10 calendar days in advance of said meeting. The
date of submission shall be the date of the next regular Zoning Board
of Appeals meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The initial plat filed with said board of review shall be considered the official preliminary plat. However, the Board may proceed to final action at the first consideration of a plat for a small subdivision containing no new streets if the plat and supporting data comply with all of the requirements for final plats (Article VI).
D.
The subdivider of subdivisions considered to be major
shall prepare concept plats for informal discussion with the Board
prior to submitting the official preliminary plat for review. This
plat shall be for the purpose of establishing in advance the extent
to which the proposed subdivision conforms with the current design
standards.
A.
Preliminary plats and supporting data shall comply with the provisions of Article VI of these regulations.
B.
Eleven copies of the preliminary plat shall be submitted
to the Board by the subdivider or developer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
A fee as set from time to time by resolution of the
Board of Trustees to defray the cost of subdivision review shall be
paid (to the order of the Town/Village of East Rochester) at the filing
of the preliminary plat.
D.
Review and approval procedure.
[Amended 3-8-1999 by L.L. No. 1-1999]
(1)
Coordination with the State Environmental Quality
Review Act. The Zoning Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
(3)
Zoning Board of Appeals as lead agency under the State
Environmental Quality Review Act; public hearing; notice; decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Public hearing on preliminary plats. The time
within which the Zoning Board of Appeals shall hold a public hearing
on the preliminary plat shall be coordinated with any hearings the
Zoning Board of Appeals may schedule pursuant to the State Environmental
Quality Review Act, as follows:
[1]
If such Board determines that the preparation
of an environmental impact statement on the preliminary plat is not
required, the public hearing on such plat shall be held within 62
days after the receipt of a complete preliminary plat by the Clerk
of the Zoning Board of Appeals; or
[2]
If such Board determines that an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
(b)
Public hearing; notice; length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town/Village at least five days before
such hearing if no hearing is held on the draft environmental impact
statement or 14 days before a hearing held jointly therewith. The
Zoning Board of Appeals may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall
be closed upon the motion of the Zoning Board of Appeals within 120
days after it has been opened.
(c)
Decision. The Zoning Board of Appeals shall
approve, with or without modification, or disapprove such preliminary
plat as follows:
[1]
If the Zoning Board of Appeals determines that
the preparation of an environmental impact statement on the preliminary
plat is not required, such Board shall make its decision within 62
days after the close of the public hearing; or
[2]
If the Zoning Board of Appeals determines that
an environmental impact statement is required and a public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the preliminary plat. Within 30 days of the
filing of such final environmental impact statement, the Zoning Board
of Appeals shall issue findings on the final environmental impact
statement and make its decision on the preliminary plat.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Zoning Board of Appeals. When so approving a preliminary plat,
the Zoning Board of Appeals shall state, in writing, any modifications
it deems necessary for submission of the plat in final form.
(4)
Zoning Board of Appeals not as lead agency under the
State Environmental Quality Review Act; public hearing; notice; decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Public hearing on preliminary plats. The Zoning
Board of Appeals shall, with the agreement of the lead agency, hold
the public hearing on the preliminary plat jointly with the lead agency's
hearing on the draft environmental impact statement. Failing such
agreement, or if no public hearing is held on the draft environmental
impact statement, the Zoning Board of Appeals shall hold the public
hearing on the preliminary plat within 62 days after the receipt of
a complete preliminary plat by the Clerk of the Zoning Board of Appeals.
(b)
Public hearing; notice; length. The hearing
on the preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Town/Village at least five days before
such hearing if held independently of the hearing on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The Zoning Board of Appeals may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public
consideration of such preliminary plat. The hearing on the preliminary
plat shall be closed upon motion of the Zoning Board of Appeals within
120 days after it has been opened.
(c)
Decision. The Zoning Board of Appeals shall,
by resolution, approve with or without modification or disapprove
the preliminary plat as follows:
[1]
If the preparation of an environmental impact
statement on the preliminary plat is not required, the Zoning Board
of Appeals shall make its decision within 62 days after the close
of the public hearing on the preliminary plat.
[2]
If an environmental impact statement is required,
the Zoning Board of Appeals shall make its own findings and its decision
on the preliminary plat within 62 days after the close of the public
hearing on such preliminary plat or within 30 days of the adoption
of findings by the lead agency, whichever period is longer.
(d)
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Zoning Board of Appeals. When so approving a preliminary plat,
the Zoning Board of Appeals shall state, in writing, any modifications
it deems necessary for submission of the plat in final form.
(5)
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of such preliminary plat, such plat shall be certified by the Clerk
of the Zoning Board of Appeals as having been granted preliminary
approval, and a copy of the plat and the resolution shall be filed
in such Clerk's office. A copy of the resolution shall be mailed to
the owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Filing of decision on preliminary plat. Within five
business days from the date of adoption of the resolution stating
the decision of the Board on the preliminary plat, the Chairman or
other duly authorized member of the Zoning Board of Appeals shall
cause a copy of such resolution to be filed in the office of the Town/Village
Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat, the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Zoning Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Approval of the preliminary plat, subject to conditions,
revisions and modifications as stipulated by the Board, shall constitute
conditional Board approval of the subdivision as to the character
and intensity of the development and the general layout and approximate
dimensions of streets, lots and other proposed features.
[Amended 3-8-1999 by L.L. No. 1-1999]
A.
A final plat with supporting data shall be submitted
to the Board for final approval within six months after Board action
on the preliminary plat, provided that an extension of time may be
granted by the Board upon written request. Otherwise, the plat submitted
shall be considered as a new preliminary plat.
B.
The final plat shall conform in all important respects
to the preliminary plat as previously reviewed by the Board and shall
incorporate all modifications and revisions specified by the Board
in its conditional approval of the preliminary plat. Otherwise, the
plat shall be considered as a revised preliminary plat.
C.
The Board may permit submission of the final plat
in sections, each covering a portion of the entire proposed subdivision
as shown on the preliminary plat.
D.
The final plats and supporting data shall comply with the provisions of Article V of this chapter. Failure to do so shall be cause for tabling the plat.
E.
Eleven copies of the final plat with supporting data
shall be submitted to the Board by the subdivider.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Review and approval procedure.
(1)
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Zoning Board of Appeals deems to be in substantial agreement with a preliminary plat approved pursuant to § 164-7 above, the Zoning Board of Appeals shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Zoning Board of Appeals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Final plats when no preliminary plat is required to
be submitted; receipt of complete final plat. When no preliminary
plat is required to be submitted, a final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
(3)
Final plats not in substantial agreement with approved preliminary plats or when no preliminary plat is required to be submitted. When a final plat is submitted which the Zoning Board of Appeals deems not to be in substantial agreement with a preliminary plat approved pursuant to § 164-7, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided by this chapter, the following shall apply:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Zoning Board of Appeals as lead agency; public
hearing; notice; decision.
[1]
Public hearing on final plats. The time within
which the Zoning Board of Appeals shall hold a public hearing on such
final plat shall be coordinated with any hearings the Zoning Board
of Appeals may schedule pursuant to the State Environmental Quality
Review Act, as follows:
[a]
If such Board determines that the
preparation of an environmental impact statement is not required,
the public hearing on a final plat not in substantial agreement with
a preliminary plat, or on a final plat when no preliminary plat is
required to be submitted, shall be held within 62 days after the receipt
of a complete final plat by the Clerk of the Zoning Board of Appeals;
or
[b]
If such Board determines that an
environmental impact statement is required, and a public hearing on
the draft environmental impact statement is held, the public hearing
on the final plat and the draft environmental impact statement shall
be held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public
hearing on the final plat shall be held within 62 days following filing
of the notice of completion.
[2]
Public hearing; notice; length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town/Village at least five days before
such hearing, if no hearing is held on the draft environmental impact
statement, or 14 days before a hearing held jointly therewith. The
Zoning Board of Appeals may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Zoning Board of Appeals within 120 days after it
has been opened.
[3]
Decision. The Zoning Board of Appeals shall
make its decision on the final plat as follows:
[a]
If such Board determines that the
preparation of an environmental impact statement on the final plat
is not required, the Zoning Board of Appeals shall, by resolution,
conditionally approve, with or without modification, disapprove or
grant final approval and authorize the signing of such plat within
62 days after the date of the public hearing; or
[b]
If such Board determines that an
environmental impact statement is required and a public hearing is
held on the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of such public hearing in accordance with the provisions of the State
Environmental Quality Review Act. If no public hearing is held on
the draft environmental impact statement, the final environmental
impact statement shall be filed within 45 days following the close
of the public hearing on the final plat. Within 30 days of the filing
of the final environmental impact statement, the Zoning Board of Appeals
shall issue findings on such final environmental impact statement
and shall by resolution conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Zoning Board of Appeals.
(b)
Zoning Board of Appeals not as lead agency;
public hearing; notice; decision.
[1]
Public hearing. The Zoning Board of Appeals
shall, with the agreement of the lead agency, hold the public hearing
on the final plat jointly with the lead agency's hearing on the draft
environmental impact statement. Failing such agreement, or if no public
hearing is held on the draft environmental impact statement, the Zoning
Board of Appeals shall hold the public hearing on the final plat within
62 days after the receipt of a complete final plat by the Clerk of
the Zoning Board of Appeals.
[2]
Public hearing; notice; length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town/Village at least five days before
such hearing if held independently of the hearing on the draft environmental
impact statement or 14 days before a hearing held jointly therewith.
The Zoning Board of Appeals may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public
consideration of such final plat. The hearing on the final plat shall
be closed upon motion of the Zoning Board of Appeals within 120 days
after it has been opened.
[3]
Decision. The Zoning Board of Appeals shall,
by resolution, conditionally approve, with or without modification,
disapprove or grant final approval and authorize the signing of such
plat as follows:
[a]
If the preparation of an environmental
impact statement on the final plat is not required, the Zoning Board
of Appeals shall make its decision within 62 days after the close
of the public hearing on the final plat.
[b]
If an environmental impact statement
is required, the Zoning Board of Appeals shall make its own findings
and its decision on the final plat within 62 days after the close
of the public hearing on such final plat or within 30 days of the
adoption of findings by the lead agency, whichever period is longer.
The grounds for a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Zoning Board of Appeals.
G.
Within 62 days after final approval, the subdivider
must file for recording the original of the final plat or sections
thereof, with 12 copies bearing the approval of the Board. If the
final plat is not recorded within such period, the Board's approval
shall expire and become null and void.
H.
The copy of the final plat filed for recording in
the office of the County Clerk shall be a clear and legible print
on linen or Mylar, in accordance with the requirements of said office.
