This chapter provides the rules and regulations for the approval of
subdivisions within the Village of Phoenix by the Planning Board in accordance
with Article 7 of the Village Law of the State of New York.
When used in this chapter, the following terms shall have the respective
meanings set forth herein, except where the context shows otherwise:
CONDITIONAL APPROVAL OF FINAL PLAT
Approval by the Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving such
plat. Such conditional approval does not qualify a final plat for recording
nor authorize issuance of any building permits prior to the signing of the
plat by the Chairperson of the Planning Board and recording of the plat in
the Oswego County Clerk's office.
FINAL PLAT APPROVAL
The signing of the plat in final form by the Chairperson of the Planning
Board pursuant to a Planning Board resolution granting final approval to the
plat or after conditions specified in a resolution granting conditional approval
of the plat are completed. Such final approval qualifies the plat for recording
in the Oswego County Clerk's office.
MAJOR SUBDIVISION
The division of any parcel of land into three or more lots, blocks
or sites.
MINOR SUBDIVISION
The division of any parcel of land into fewer than three lots, blocks
or sites.
OWNER
The person, corporation or partnership holding title to the parcel
of land being subdivided or the developer having a contract or agreement to
develop the parcel of land being subdivided.
PRELIMINARY PLAT APPROVAL
The approval of the layout of a proposed subdivision as set forth
in a preliminary plat but subject to the approval of the plat in final form
in accordance with the provisions of this chapter.
SUBDIVISION
The division of any parcel of land into a number of lots, blocks
or sites, with or without streets or highways, for the purpose of sale, transfer
of ownership or development. The term "subdivision" shall include any alteration
of lot lines or dimensions of any lots or sites shown on a plat previously
approved and filed in the Oswego County Clerk's office.
UNDEVELOPED
Those plats where 20% or more of the lots within the plat are unimproved,
unless existing conditions, such as poor drainage, have prevented their development.
Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the provisions of Chapter
205, Zoning, of the Code of the Village of Phoenix, application may be made to the Board of Appeals for an area variance without the necessity of a decision or determination of the Code Enforcement Officer. In reviewing such application the Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.