Village of Fairport, NY Article III General Procedures

§ 455-4 Applicability.

A. Whenever any subdivision of land other than a minor subdivision as defined herein is proposed before any contract for sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted and before commencement of site preparation, the subdivider or his authorized agent shall apply for and secure preliminary and final plat approval of such proposed subdivision in accordance with the procedures set forth in this article.

B. Whenever a minor subdivision as defined herein is proposed, before any contract for sale of any part thereof and before any permit for the erection of a structure in such proposed subdivision shall be granted and before commencement of site preparation, the subdivider or his authorized agent shall apply to the Zoning Officer for a certificate of approval of said minor subdivision without the necessity of complying with the procedures set forth in Subsection A of this section.

C. The Zoning Officer is hereby authorized to approve minor subdivision maps. Such approval shall specifically reference this section.

§ 455-5 Submission of preliminary plat.

Whenever any subdivision of land is proposed within the Village of Fairport, the subdivider shall apply to the Secretary of the Planning Board, in writing, stating that application for preliminary approval is being made and describing by block and lot numbers or other suitable means the location of the parcel or parcels to be subdivided. In addition, the following information shall be presented:

A. Fifteen copies of the preliminary plat drawn to a scale of 50 feet to one inch.

B. A topographic map at the same scale with contour intervals of two feet but not greater than five feet, and proposed street profiles at appropriate scales, one inch equals 50 feet horizontal, one inch equals five feet vertical.

C. The suggested name or title of the proposed subdivision.

D. The name and address of the owner or owners of record, the subdivider and the name and professional status of the designer of the plat.

E. The date of original submission, true North point, graphic scale and U.S.G.S. control monument.

F. The location of all property lines, easements, buildings, watercourses, water or sewer mains and other essential features of the area to be subdivided and within an area of 200 feet of the boundaries of the area to be subdivided and the names of the owners of all such properties.

G. The location, names and widths of existing and proposed streets, highways, easements, parks and other public properties within the area to be subdivided and within 200 feet therefrom. Where new streets are proposed, the right-of-way line and width and the pavement lines and width shall be shown.

H. All areas proposed to be dedicated to public use shall be shown and so indicated, and any conditions of such dedication shall be included or attached.

I. Typical cross sections of the proposed grading of the subdivided area.

J. All existing and proposed connections with existing and proposed water and sewer lines.

K. Provision for and location of surface drainage facilities.

L. Deed description and map of survey of tract boundary made and certified by a licensed land surveyor.

M. Preliminary designs of any bridges, culverts or other such facility which may be required.

N. All proposed lot lines with approximate dimensions shown and all setback lines according to Chapter 550, Zoning, of the Code of the Village of Fairport.

O. An outline and description of the public improvements to be provided in compliance with Article IV, § 455-11 of these regulations.

P. When the subdivider holds undeveloped land adjacent to the proposed subdivision or where such adjacent parcel does not front on any existing street, a sketch of a prospective future street layout for such adjacent parcel shall be shown on the same map as the preliminary plat.

Q. The application shall be accompanied by such fees as may be established pursuant to Chapter 240 of the Village Code, and is also subject to reimbursement of consultant fees pursuant to Chapter 241 of the Village Code.[1]

[Amended 4-16-2020 by L.L. No. 4-2020]

[1] Editor's Note: The fee schedule is on file in the office of the Village Clerk.

R. Application must be made to the Secretary of the Planning Board, and the subdivider or agent shall be present at the next regular meeting of the Planning Board and any subsequent meetings deemed necessary by the Chairman of the Planning Board.

§ 455-6 Planning Board action on preliminary plat.

A. The Planning Board shall comply with the provisions of General Municipal Law § 239-n, subject to intergovernmental agreements reached from time to time applicable to the Village of Fairport. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQR)[1] and implementing regulations when reviewing a preliminary plat. A preliminary plat shall not be considered complete until a negative declaration has been filed or a notice of completion of a draft environmental impact statement (DEIS) has been filed in accordance with SEQR. All time periods for review of a preliminary plat shall start upon such filings.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

B. Procedure applicable when Planning Board is lead agency under SEQR.

(1) Public hearing on preliminary plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQR, as follows:

(a) 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 Planning Board.

(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 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.

(2) Public hearing; notice; length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the 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 Planning Board 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 Planning Board within 120 days after it has been opened.

(3) Decision. The Planning Board shall approve with or without modification or disapprove such preliminary plat as follows:

(a) If the Planning Board 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

(b) If the Planning 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 preliminary plat. Within 30 days of the filing of such environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary 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 Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.

C. Procedure when Planning Board is not lead agency under SEQR.

(1) Public hearing on preliminary plats. The Planning Board 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, the Planning Board 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 Planning Board.

(2) Public hearing; notice; length. The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing is held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board 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 Planning Board within 120 days after it has been opened.

(3) Decision. The Planning Board shall by resolution approve with or without modification or disapprove the preliminary plat within 62 days after the close of the public hearing on such preliminary 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 Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form.

D. The Planning Board shall communicate, in writing, to the Village Board of Trustees and shall present at the public hearing the character and extent of the required public improvements for which waivers from the design standards herein have been requested and which in the opinion of the Planning Board may be waived without impairing the intent of these regulations or the public good. Such waivers, however, shall not be granted unless approved by a majority vote of the Board of Trustees.

[Added 2-10-1997 by L.L. No. 1-1997[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. 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 Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.

F. Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution approving the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.

G. 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 Planning Board.

§ 455-7 Submission of final plat.

Within six months of the approval of the preliminary plat the subdivider shall file with the Secretary of the Planning Board one original drawing and 14 reproductions of such drawing of the final plat of the proposed subdivision. The final plat submitted for final approval and subsequent recording shall be clearly and legibly drawn in black waterproof ink on tracing cloth and shall be drawn to a scale of 50 feet to one inch and shall include the following information:

A. All mapped information required for preliminary approval shall be shown on the final plat and shall be drawn to scale and all necessary dimensions shown.

B. A certificate shall be obtained from the Fairport Village Engineer indicating that all required improvements have been designed and planned in accordance with the Village of Fairport Construction Standards and in accord with the provisions of § 455-11 of these regulations.

C. Further certification from the Fairport Village Engineer shall indicate that the required improvements have been completed in compliance with sound practices and to the satisfaction of the requirements of these regulations. For any improvement not so completed, there shall be submitted with the final plat a certificate of the Village Attorney and the Village Engineer as to the sufficiency of the performance bond offered in lieu thereof. A period of one year, or other such period as may be deemed appropriate by the Planning Board within which required improvements must be completed, shall be specified by the Planning Board and expressed in the bond, which time period as well as the amount of the bond shall be determined upon the advice of the Village Engineer. Such performance bond shall conform with applicable law and shall provide that an amount determined adequate by the Planning Board shall be retained for two years after the date of completion of the required improvements to assure their satisfactory condition. No reimbursement for any required improvement shall be made by the Village or any district, department or authority therein.

D. In the case of subdivisions containing one or more lots, certification of approval by the Monroe County Department of Health shall also be submitted.

E. The location of all permanent monuments shall be indicated.

F. The length of all straight lines, the deflection angles, radii, length of curve, tangent distances and tangent bearings shall be indicated for each street. All dimensions and angles of the lines of each lot shall be shown. Any other data necessary for the location of any lot line in the field shall also be indicated and all dimensions shall be shown in feet and decimals of a foot.

G. The final plat shall contain formal offers of cession to the public of all streets, highways or parks not specifically reserved to the owner by notation on the final plan, and all offers of cession and deeds accompanying them shall bear a certificate of approval of the Fairport Village Attorney as to their legal sufficiency.

H. Where the Fairport Village Board of Trustees has approved waivers for any required public improvements, the extent of such waivers shall be noted.

I. The official submittal date of a final plat shall be the next regular meeting of the Planning Board following submission of all required information to the Secretary of the Planning Board; however, such submission to the Secretary of the Planning Board must be made at least five days before the regularly scheduled meeting of the Planning Board at which such application for final approval is intended to be submitted.

J. The subdivider shall be required to attend the regular meeting of the Planning Board at which application for final approval is made and any subsequent meeting deemed necessary by the Chairman of the Planning Board.

K. If application for approval is not submitted within six months of preliminary approval, the preliminary approval shall be considered void unless an extension of such preliminary approval is granted by the Planning Board and such extension is noted on the plat, in writing, by the Chairman of the Planning Board.

§ 455-8 Planning Board action on final plat.

A. Final plats which are in substantial agreement with approved preliminary plats. When a plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board 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 Planning Board.

B. Final plats when no preliminary plat is required to be submitted; receipt of complete 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 SEQR. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.

C. 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 Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section 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 section, the following shall apply:

(1) Planning Board as lead agency; public hearing; notice; decision.

(a) Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQR, as follows:

[1] 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 Planning Board; 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 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.

(b) Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the 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 Planning Board 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 Planning Board within 120 days after it has been opened.

(c) Decision. The Planning Board shall make its decision on the final plat as follows:

[1] If such Board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board 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

[2] 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 Planning Board shall issue findings on such environmental impact statement and shall by resolution conditionally approve with or without modification, disapprove or grant approval and authorize the signing of such 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 Planning Board.

(2) Planning Board not as lead agency; public hearing; notice; decision.

(a) Public hearing. The Planning Board 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, the Planning Board 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 Planning Board.

(b) Public hearing; notice; length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the 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 Planning Board 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 Planning Board within 120 days after it has been opened.

(c) Decision. The Planning Board 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 close of the public hearing on such final plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.

D. Approval and certification of final plats.

(1) Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing thereof. Upon completion of such requirements the plat shall be signed by a duly authorized officer of the Planning Board and a copy of such signed plat shall be filed in the office of the Clerk of the Planning Board or filed with the Village Clerk as determined by the Village Board of Trustees.

(2) Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.

(3) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.

(4) Upon filing or recording of the approved final plat in the County Clerk's office, the streets, highways, parks and drainage easements shown thereon become part of the Official Map of the Village if such has been adopted. However, every street, highway, park or easement shall be deemed private until such time as it has been formally accepted as public property by ordinance of the Village Board of Trustees, and the responsibility for the maintenance or improvement of such facilities shall not rest with the Village until such acceptance.

(5) Default approval of preliminary or final plat. The time periods prescribed herein within which a Planning Board must take action on a preliminary plat or a final plat may be extended only by mutual consent of the owner and the Planning Board. In the event that the Planning Board fails to take action on a preliminary plat or a final plat within the time prescribed therefor or within such extended period as may have been established by the mutual consent of the owner and the Planning Board, such preliminary or final plat shall be deemed granted approval. The certificate of the Village Clerk as to the date of submission of the preliminary or final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.

(6) Filing of decision on final plat. Within five business days from the date of the adoption of the resolution approving the final plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.

(7) Notice to county planning agency. When a county planning agency has been authorized to review subdivision plats pursuant to § 239-n of the General Municipal Law, the Clerk of the Planning Board shall refer all applicable preliminary and final plats to such county planning agency as provided in that section.

(8) Expiration of approval. The signature of the duly authorized officer of the Planning Board constituting final approval by the Planning Board of a plat as herein provided or the approval by such Board of the development of a plat or plats already filed in the office of the County Clerk or register of the county in which such plat or plats are located if such plats are entirely or partially undeveloped or the certificate of the Village Clerk as to the date of the submission of the final plat and the failure of the Planning Board to take action within the time herein provided shall expire within 62 days from the date of such approval or from the date such certificate is issued unless within such sixty-two-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk or register. In the event that the owner shall file only a section of such approved plat in the office of the County Clerk or register, the entire approved plat shall be filed within 30 days of the filing of such section with the Village Clerk in each Village in which any portion of the land described in the plat is situated. 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 § 7-708 of the Village Law.