Zoning — See Ch. 108.
§ 92-1Authority of Planning Board.
§ 92-4Subdivision approval required.
§ 92-5Ownership of land.
§ 92-6Filing fees.
§ 92-7Application requirements; approval procedure.
§ 92-8Time periods; expiration of approvals.
§ 92-9General requirements.
§ 92-10Prohibited acts; penalties for offenses; enforcement.
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 of Trustees, 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.
For the purpose of this chapter, certain words used herein are defined as follows:
- The Planning Board of the Village of Churchville.
- COMPREHENSIVE PLAN
- The adopted Comprehensive Plan for the development of the Village of Churchville, including any updates or amendments.
- CONCEPT PLAN
- An informal schematic presentation of existing features and proposed development meeting the requirements for a "concept plan," as prescribed in the Development Guidelines.
- 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.
- FINAL PLAN
- 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.
- PRELIMINARY PLAN
- 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 plat previously approved and filed in the office of the Monroe County Clerk (commonly known and referred to as a "re-subdivision").
- VILLAGE MAP
- 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.
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, Zoning (Chapter 108), 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.
The approval process generally shall follow the sequence of events outlined in the Development Guidelines, and shall accord with the following:
Concept review. Prior to the filing of any application for approval of a preliminary plat, 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 plat. 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 plat, 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.
Preliminary plat procedure. The application for preliminary plat 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 plats, as supplemented by these regulations and the Development Guidelines.
Applications shall be referred to the Monroe County planning agency in accordance with §§ 239-m and 239-n of the General Municipal Law.
The Planning Board shall comply with the provisions of SEQR and shall coordinate the SEQR review process and the preliminary plat review process in accordance with § 7-728 of the Village Law and SEQR.
Public hearings shall be held on the application as provided in § 7-728 of the Village Law.
Final plat procedure. The application for final plat 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 plat 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 plats, as supplemented by these regulations and the Development Guidelines. Final plats which are not in substantial compliance with the preliminary plat and the modifications required thereon may be subject to additional SEQR review and public hearings.
Revocation of approval of preliminary plat. In accordance with § 7-728 of the Village Law, approval of the preliminary plat shall expire and be revoked within six months of the date on which the decision of the Planning Board granting approval of the preliminary plat 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 plat 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.
Expiration of conditional approval. If conditional approval of a final plat has been granted, all requirements of the conditional approval must be certified as completed within 120 days of the date on which the decision of the Planning Board granting conditional approval of the final plat 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, Superintendant of Public Works, Planning Board Attorney, and such other officers as may be designated by the Planning Board. The Board may extend such time, not to exceed two additional periods of 60 days each, upon written application therefor, if, in the opinion of the Board, the conditions set forth in Subsection D below have been met.
Filing with County Clerk. In accordance with § 7-728 of the Village Law, the approved final plat, 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, Superintendant of Public Works, Planning Board Attorney, and such other officers as may be designated by the Planning Board.
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
There are no physical changes in the immediate vicinity of the property; and
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.
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.
The subdivider will be required to file with the Village Board financial security as outlined in the Development Guidelines. The 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.
The subdivider will be required to tender offers of conveyance or cession, in a form satisfactory by 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.
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.
It shall be unlawful for any person, firm or corporation, or agent thereof, to:
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.
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.
Fail to comply with the requirements of the Development Guidelines adopted by the Village Board, as amended.
Commit any other violation of the provisions of this Chapter.
Any person, firm or corporation, or agent thereof, who fails to comply with or violates any of the provisions of this chapter shall, upon conviction, be punishable:
By a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense;
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
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.
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.
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.