A. 
All applications must be submitted in accordance with this article and shall be in such number as noted on official Village application forms.
B. 
All applications shall be submitted to the CEO at least four weeks prior to the scheduled review board meeting at which the application is intended to be considered.
C. 
Applications must be filed by the property or building owner, their agent, or lessee, purchaser or tenant, with legally binding and written permission of the owner.
D. 
Application forms and checklists of required submittal information may be made available in the Village office.
E. 
For the purposes of this chapter, the terms "reviewing board" or "review board," shall refer to the Village board, body, or agent charged with review and/or approval authority as enacted under this chapter. For example, special use permit applications are subject to review by the ZBA, while amendment applications are a matter decided upon by the Village Board of Trustees.
A. 
The CEO or their designee shall indicate that an application is considered accepted and ready for processing only if it is submitted in the required number and form, includes all required materials, and is accompanied by the required filing fee.
B. 
The acceptance of an application by the CEO or their designee shall in no way be interpreted to include a determination of the completeness, adequacy, or accuracy of materials, but rather serve as an acknowledgement to the receipt of all initially required materials. The CEO or their designee may consult with other Village departments or divisions, officials, or review boards in making such a determination.
C. 
If an application is determined to be unacceptable, the CEO must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application will be considered withdrawn.
D. 
No processing of unacceptable applications will occur. Any incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.
E. 
Prior to issuing a decision on an accepted application, the reviewing board shall make a formal determination by resolution that the application is complete.
A. 
Public hearings.
(1) 
Public hearings shall be held by the reviewing board where required by this chapter and NYS Village Law. Such public hearings shall be convened within 62 days of the application acceptance date.
(2) 
Where multiple applications may be under review for a single proposal, the reviewing board may conduct joint or concurrent public hearings, if desired.
B. 
Public notices.
(1) 
Per NYS Village Law, public notice shall be made for all public hearings held by the Village of Honeoye Falls. Public notice shall be made in the form of a mailed notice, media notice, and posted notice, where applicable.
(2) 
All public notices shall be made at least 10 days prior to the date of the scheduled public hearing.
C. 
Mailed notices. Mailed notices shall be required for public hearings regarding subdivisions, major site plans, and zoning amendments.
(1) 
The Village Clerk shall notify by mail the owners of all real property as shown on the current tax map, located within 500 feet of the property that is the subject of the hearing.
(2) 
The Village Clerk shall notify by mail or electronic transmission the clerks of adjoining municipalities whose boundaries are located within 500 feet of the property that is the subject of the hearing.
(3) 
The Village Clerk shall notify by mail or electronic transmission the Monroe County Planning Department when the hearing concerns property:
(a) 
Adjacent to an existing county road or proposed road shown on the official county map;
(b) 
Adjoining other county land; or
(c) 
Situated within 500 feet of a municipal boundary.
D. 
Media notices. The Village Clerk shall give public notice of all public hearings by causing publication of a notice in the Village's official newspaper and on the Village's official website.
E. 
Posted notices.
(1) 
For all public hearings, a notice shall be posted in a location plainly visible within the Village Hall of Honeoye Falls.
(2) 
Where a specific property is subject to a public hearing, at least one sign of public notice shall be posted on the property in a location that is plainly visible to passersby. It shall be the responsibility of the applicant to obtain such sign(s) of public notice from the Village and erect it in accordance with the time and place requirements defined herein.
F. 
Public notice content. The content of a public notice, except for posted notice signs maintained by the Village, should include the following at a minimum:
(1) 
Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
(2) 
Describe any property involved in the application by street address or by general description;
(3) 
Describe the general nature, scope, and purpose of the application or proposal; and
(4) 
Indicate where additional information on the matter can be obtained.
A. 
The reviewing board shall render a decision within 62 days of the following, unless an extension thereto has been mutually agreed upon by the applicant and reviewing board:
(1) 
The close of the public hearing on the application, where required; or
(2) 
The date of resolution by the review board determining the application as complete.
B. 
Upon review of an application, the reviewing board may issue a decision of approval, approval with conditions, or denial.
C. 
Applications shall be reviewed based on all applicable criteria within this chapter as well as additional local, county, state, or federal laws and regulations.
D. 
All decisions shall contain written findings explaining the rationale for the decision with respect to the standards contained in this chapter. The minutes of the review board meeting(s) may satisfy this requirement.
E. 
The decision and findings shall be filed with the Village Clerk and provided to the applicant within five days of the date of decision.
F. 
In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria of this chapter.
A. 
Internal referral. The reviewing board may refer any application to another Village board, committee, department, or official for review and comment. Within 30 days of referral the receiving board shall issue its recommendations in writing to the reviewing board.
B. 
Professional referral. The reviewing board may seek the opinion of any legal, engineer, design, or other professional to aid in the review of an application. Any such costs incurred as a result of seeking professional aid shall be reimbursed by the applicant.
C. 
County referral.
(1) 
The Village shall refer all materials to the Monroe County Planning Department pursuant to NYS General Municipal Law, as amended. This shall include but is not limited to any application affecting the following:
(a) 
Real property within 500 feet of the boundary of an adjacent municipality;
(b) 
The boundary of any existing or proposed county or state park or other recreational area;
(c) 
The boundary of any existing or proposed county or state roadway;
(d) 
The boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines;
(e) 
The boundary of any existing or proposed county or state owned land; or
(f) 
The boundary of a farm operation within an agricultural district as defined in Article 25-AA of the NYS Agriculture and Markets Law.
(2) 
No action shall be taken an applications referred to the Monroe County Planning Department until its recommendation has been received or until 30 days have elapsed after the county's receipt of the application, unless the county and Village agree to an extension beyond the thirty-day requirement.
(3) 
A majority plus one vote of the reviewing board, otherwise known as a "super majority," shall be required to grant any application approval that receives a recommendation of disapproval from the county. A resolution must also be filed setting forth the reasons for such contrary action.
A. 
Expiration. The approval of an application shall expire if one of any of the following occur:
(1) 
The applicant fails to obtain necessary building permit(s) or certificate(s) of occupancy within one year of the approval date;
(2) 
There is no substantial physical evidence of initiated construction within one year of the approval date and no written request for extension has been approved;
(3) 
The applicant fails to complete construction within two years of the approval date and no written request for extension has been approved; or
(4) 
Any specified time limit on an approval lapses without renewal.
B. 
Extensions. The applicant may apply, in writing, to the reviewing board for an extension of such approval. The reviewing board may extend the effectiveness of such approval if:
(1) 
In the opinion of the board, the application is being diligently prosecuted by the applicant or there are extenuating circumstances beyond the control of the applicant preventing completion of the project;
(2) 
There are no physical changes in the immediate vicinity of the property; and
(3) 
There has been no change in the applicable zoning regulations or applicable state or county review regulations.
C. 
Reapplication. Following expiration of an approval as provided above, reapplication and rehearing shall be required as in the case of a new application. The reviewing board may elect to accept the plans submitted and approved previously as sufficient for purposes of the reapplication if, in the opinion of the reviewing board, the prior application materials essentially satisfy the requirements of this chapter as they then exist.
D. 
Revocation. The CEO may revoke approval if the applicant violates the conditions of the approval or engages in any construction or alteration not authorized by the approval.
E. 
Enforcement. Any violation of the conditions of an approval shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.