A.
The basic procedures, as summarized hereafter, are those as outlined
in the various aspects of Village Law, specifically, but not limited
to, Village Law §§ 7-728 through 7-736. The applicant
or designated representatives should be aware of the approval process
as outlined in the various sections of the Village Law or as modified
herein.
B.
Village approval of any subdivision shall be evidenced by a final
plat containing all the required signatures, filed in the Ontario
County Clerk's office. This approval shall be a prerequisite to the
issuance of any building permit or certificate of occupancy for the
use of any land. Such approval shall hereafter be initiated and processed
in accordance with the following basic procedure.
C.
The Village of Bloomfield has a three-step approval process which
includes sketch, preliminary and final. All plans submitted to the
Village shall be clearly marked for the requested action by the Planning
Board, and failure to submit a complete package of information will
be cause for rejection by the Planning Board. The developer may, prior
to the formal approval process, file a concept plan with the Code
Enforcement Officer, which shall be discussed by the Planning Board
with the developer at the next available meeting for purposes of classification,
initial discussion concerning the layout, availability of utilities,
services and responsibilities. No formal action will be taken by the
Board for a concept discussion, and this process is not required by
the Village.
D.
Preapplication meeting.
(1)
The purpose of a preapplication meeting is to provide the applicant
with the necessary information in order to save the applicant time
and money and to make the most of opportunities for a desirable development.
(2)
The applicant may choose to attend a preapplication meeting with
the Code Enforcement Officer and a member of the Planning Board to
review all the application procedures, requirements and regulations
prior to submission of a sketch layout, preliminary plat submission
or final plat submission. Items to be reviewed include, but are not
limited to, general requirements as to design of streets, reservations
of land, stormwater management, wastewater disposal, water supply,
fire protection and other improvements.
(3)
A general time line for the application approval process, and any
other information that will assist the applicant in preparing a complete
application for submission, will be provided.
(4)
The applicant will be advised that there may be other local, state,
or federal agencies or departments which should be consulted, such
as the Village Engineer, New York State Department of Transportation,
Ontario County Highway Department, New York State Department of Environmental
Conservation or other agencies.
E.
An application, with 10 copies, for sketch plan approval shall be
submitted to the Code Enforcement Officer. It will be forwarded to
the Village Clerk/Treasurer for distribution to the Planning Board
members. The project will be discussed at the next Planning Board
meeting following a minimum of 14 calendar days after submittal of
a complete application.
F.
After the applicant has received sketch plan approval from the Planning
Board, the applicant may submit a formal application for preliminary
plan approval and request a public hearing on the preliminary plat
after all required documents have been submitted to the Board. Concurrent
with or preceding the preliminary phase of the approval process, the
applicant must comply with the requirements of the New York State
Environmental Quality Review Act (SEQR).
G.
Once an application has received preliminary approval, the applicant
may make application for final approval through a complete submittal
to the Code Enforcement Officer. It will be forwarded to the Village
Clerk/Treasurer for distribution to the Planning Board members.
H.
Subdivision, site plan and SEQR documents.
I.
Application completeness.
(1)
An application for sketch layout, preliminary plat, or final plat
shall be considered complete for the purposes of initiating review
and further processing if it is submitted in the required form and
includes all mandatory and requested information and the application
fee has been paid. A determination of application completeness shall
be made by the Code Enforcement Officer within 15 business days of
date of submission and final confirmation by the Planning Board at
the Board meeting of review.
(2)
If an application is determined to be incomplete, the Code Enforcement
Officer or Planning Board shall provide written notice to the applicant,
along with an explanation of the application's deficiencies. No further
processing of the application shall occur and no public hearings shall
be scheduled until the deficiencies are corrected. If the deficiencies
are not corrected by the applicant within 60 days, the application
shall be considered withdrawn, and the application shall be returned
to the applicant. By mutual agreement of the applicant and the Code
Enforcement Officer, an extension may be granted.
(3)
Application fees are not refundable.
A.
At the next Planning Board meeting occurring more than seven (previously
14) calendar days after such application, the Planning Board shall
receive comments, questions and recommendations from the Village's
advisory staff. The Planning Board shall discuss with the developer
the classification of the proposed project and questions and comments
for further consideration.
B.
Should the Planning Board determine during its review of a sketch
plan that a variance will be required, the applicant will be referred
to the Zoning Board of Appeals (ZBA). Should the variance require
SEQR action, the ZBA may choose to be designated as lead agency.
Whenever any parcel line adjustment or parcel consolidation
is proposed, before any contract is made for the sale of any part
thereof, and before any parcel line adjustment plat may be filed in
the office of the Ontario County Clerk, the applicant or his or her
authorized agent shall apply for and secure approval of such proposed
adjustment in accordance with the following procedure:
A.
The landowner(s) shall submit an application to the Planning Board.
The application shall contain the following information:
(1)
Existing description of the metes and bounds of all parcels affected
by the proposed adjustment;
(2)
A plat or map of all parcels affected by the proposed adjustment;
(3)
The location of existing utility or other easements;
(4)
Proposed description of the metes and bounds of all lots affected
by the proposed parcel line adjustment; and
(5)
Proposed plat or map sealed by a surveyor licensed in the State of
New York of all parcels affected by the proposed adjustment.
B.
The Village Engineer and the Village Attorney may review all proposed
parcel line adjustments for utility easements, compliance with setback
requirements, and all other engineering and legal considerations.
C.
The Planning Board, after review of the application, may approve
the parcel line adjustment as long as:
(1)
It does not create a nonconforming parcel or cause any other parcel
to become nonconforming as a result of the adjustment;
(2)
It complies with all applicable zoning requirements and applicable
New York State Department of Health regulations pertaining to well
and septic system distances from parcel boundaries; and
(3)
It does not create a landlocked parcel.
A.
Upon classification of the proposed subdivision as a minor subdivision,
the developer may prepare and file an application for the approval
of the preliminary/final plat with the CEO following sketch plan approval.
For minor subdivisions, the preliminary and final approval may be
obtained at one planning meeting if all submittals are complete, including
all necessary fees. The developer shall submit 12 copies for distribution.
B.
The plat shall be prepared and certified as accurate by a licensed
professional, in accordance with the requirements of this chapter
and any conditions imposed by the Planning Board in sketch plan approval.
The application shall be scheduled and advertised for public hearing
within such time as specified in Village Law § 728. The
notice of the hearing shall be published at least once in a newspaper
of general circulation in the Village at least five calendar days
prior to the hearing date. At the hearing, all interested parties
shall be given the opportunity to be heard. Whenever a public hearing
is required, the applicant shall be required to erect a sign giving
notice of such public hearing, which sign shall be prominently displayed
on the premises, facing a public street or road on which the property
abuts.
[Amended 4-27-2016 by L.L. No. 2-2016]
C.
Following the public hearing and within 62 days thereafter, unless
such time limit is extended by mutual consent of the Planning Board
and developer, the Planning Board, in rendering its decision, shall
comply with the provisions set forth in Village Law, Article 7, § 728,
as amended, and provisions of the State Environmental Quality Review
Act (SEQR), Article 8, and its implementing regulations as codified
in 6 NYCRR 617, as amended.
A.
Upon classification of the proposed subdivision as a major subdivision,
the developer shall prepare and submit a complete application with
13 copies of the proposed preliminary plan containing information
as outlined in this chapter to the CEO for distribution.
B.
The Planning Board representative shall distribute them to the Village
Clerk/Treasurer, the Planning Board members, Village department heads
and consultants and, if necessary, the Ontario County Planning Agency
pursuant to § 239-n of the General Municipal Law.
(1)
Where
required by General Municipal Law § 239-nn, the Village
shall notify adjacent municipalities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
The application shall be scheduled and advertised for a public hearing
within such time as specified in Village Law § 728 occurring
more than 10 days after the filing of the application with the Village
Clerk/Treasurer but not more than 62 days from the receipt of the
application. A notice of the public hearing shall be published at
least five days prior to the meeting in a newspaper of general circulation
in the Village. At the hearing, all interested parties shall be given
the opportunity to be heard. Whenever a public hearing is required,
the applicant shall be required to erect a sign giving notice of such
public hearing, which sign shall be prominently displayed on the premises,
facing a public street or road on which the property abuts.
(1)
If
verbatim minutes of the public hearing are requested by the developer
or an aggrieved property owner, the cost of such minutes shall be
borne by the requester.
[Amended 4-27-2016 by L.L. No. 2-2016]
D.
The Planning Board shall receive comments, questions and recommendations
on the proposed preliminary plan and shall discuss such with the developer.
E.
The Planning Board, in rendering its decision, shall comply with
the provisions set forth in Village Law Article 7, § 728,
as amended, and provisions of the State Environmental Quality Review
Act (SEQR), Article 8, and its implementing regulations as codified
in 6 NYCRR 617, as amended. The Planning Board may waive, when reasonable,
any requirements or improvements. Any such waiver, which shall be
subject to appropriate conditions, may be exercised in the event that
any such requirements or improvements are found not to be requisite
in the interest of the public health, safety and general welfare or
inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
A.
The applicant shall submit a complete application and 13 copies to the Planning Board representative for final approval following preliminary approval. The procedure for final approval is parallel to the process for preliminary approval as outlined in § 86-9, except that the Planning Board may waive the public hearing at its discretion.
B.
The Planning Board may, in acting on a final plat, make its approval
subject to specific conditions set forth by the approval resolution
and the plat may not be filed with the County Clerk, but must await
the signature of the Planning Board Chairman, which shall be affixed
only after the foregoing conditions have been met to the Board's satisfaction.
The developer shall have 180 calendar days to meet the conditions,
extendable by the Board for additional ninety-calendar-day periods
if, in the Board's opinion, particular circumstances warrant such
extension.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Once the Planning Board has granted final approval and before
the final signatures are placed on the plat, the developer shall enter
into an agreement with the Village Board for the subsequent completion
of the platted improvements. The developer shall submit with the tender
of dedication and deeds to all streets, easements and an irrevocable
letter of credit so as to assure the proper and timely completion
of the required improvements.
The subdivider shall tender offers of cession in a form certified
as satisfactory by the Village Attorney of all land included in streets,
highways or parks not specifically reserved by him. Approval of a
plan by the Planning Board shall not constitute an acceptance by the
Village Board of the dedication of any street, highway, utility, park
or other public open space.
Building permits shall not be granted until:
A.
A letter of credit furnished for the installation of the required
improvements shall be in the amount fixed by the resolution of the
Planning Board and shall be approved by the Village Board as to form,
sufficiency and manner of execution. The letter of credit shall be
issued in favor of the Village of Bloomfield and shall assure the
complete installation of the required improvements within such period,
not longer than three years, as shall be fixed by the Planning Board.
The letter of credit shall be issued to the Village for an initial
minimum period of one year.
B.
The following guarantees will be required for the development in
the Village:
(1)
Letter of credit. As required by the Village of Bloomfield Design
Standards and Construction Specifications.[1]
(a)
An irrevocable letter of credit shall be submitted by the developer
to ensure the installation of improvements in an amount estimated
by the developer's engineer and approved by the Village Board.
(b)
The amount shall include but not be limited to the following
items (see design standards for typical format[2]):
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Total estimated construction cost of all utilities, laterals,
water services, roads, gutters, earthwork, etc.
[2]
Minimum 10% contingency factor.
[3]
Engineering and construction observation charges, which will
be a minimum of 5% based on the project complexity and construction
schedule.
[2]
Editor's Note: The Design Standards and Construction Specifications
are included as an attachment to this chapter.
[1]
Editor's Note: The Design Standards and Construction Specifications
are included as an attachment to this chapter.
(2)
Maintenance bond. Per the Village of Bloomfield Design Standards
and Construction Specifications.[3]
(a)
A maintenance bond for the pavement, gutters and sidewalks will
not be accepted until the entire project is ready for dedication.
[3]
Editor's Note: The Design Standards and Construction Specifications
are included as an attachment to this chapter.
(3)
Builder's guaranty.
(a)
At the time of application for a building permit, the Village
requires a minimum escrow deposit in the form of a certified check
in the amount specified in the Village fee schedule.[4] Upon completion of structures and prior to issuance of
the certificate of occupancy, the Code Enforcement Officer shall determine
that all on-site improvements listed below have been satisfactorily
completed, after which the deposit shall be returned.
[1]
Driveway culverts are properly installed.
[2]
Finished grade of the lot ensures proper drainage.
[3]
Rear and side lot swales are installed and properly graded.
[4]
Sump pump drains and splash blocks are properly installed.
[5]
Road surface and gutters are cleaned and free from debris.
[6]
Curb boxes and/or cleanouts are cleaned and free from debris.
[7]
Property markers have been installed at all lot corners.
[8]
Water service and sewer laterals are properly installed.
[9]
Pressure regulators and check valves or backflow prevention
devices are properly installed. Residential properties shall have
check valves and industrial properties shall have backflow preventative
devices regulated by the New York State Sanitary Code (Subpart 5.1.31)
and AWWA Specification C-506.
[4]
Editor's Note: The fee schedule is on file in the Village
offices.
(b)
If all on-site improvements are complete but landscaping is
incomplete, the certificate of occupancy may be issued, but the escrow
moneys will be retained until final landscaping is complete and an
adequate catch of grass has grown to satisfaction of the Code Enforcement
Officer, whereafter the escrow shall be released to the applicant.
A.
The approval by the Planning Board of a plat showing lots, blocks
or sites, with or without streets or highways, shall expire 62 calendar
days from the date of the signing of the plan by the Planning Board
unless, within such sixty-two-calendar-day period, such plat or a
section thereof shall have been duly filed or recorded by the owner
in the office of the Ontario County Clerk.
B.
If the owner shall file only a section of an approved plat within
such sixty-two-calendar-day period, 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 the Village Law. In the event that the owner shall file only a
section of such approved plat in the office of the Ontario County
Clerk, the entire approved plat shall be filed within 30 calendar
days of the filing of such section with the Bloomfield Village Clerk/Treasurer.
All site plans will require Planning Board approval and they
must be prepared in accordance with this chapter, except that items
relating to boundary data may be omitted if the parcel designation
has previously been filed with the County Clerk's office (see Site
Plan Review Process Flow Chart[1]). Site plans shall also comply with provisions set forth
in Village Law Article 7, § 7-728, as amended.
[1]
Editor's Note: The Site Plan Review Process Flow Chart is
on file in the Village offices.
A.
All proposed easements must be submitted to the Village Clerk/Treasurer's
office with map, description, easement form, transfer gains affidavit
and filing fees. The complete package will be submitted to the Village
Attorney for review.
B.
Once approved, the easement will be filed in the Ontario County Clerk's
office by the Village of Bloomfield and proof of such retained on
file with the Village Clerk/Treasurer.
Construction observation per the Village of Bloomfield Design
Standards and Construction Specifications.[1]
[1]
Editor's Note: The Design Standards and Construction Specifications
are included as an attachment to this chapter.
All cost of professional services utilized by the Village during
the review process shall be borne by the applicant.
Methods of release of financing security shall be per the Village
of Bloomfield Design Standards and Construction Specifications.[1]
[1]
Editor's Note: The Design Standards and Construction Specifications
are included as an attachment to this chapter.
For all public works improvements within the Village of Bloomfield,
the regulations shall be per the Village of Bloomfield Design Standards
and Construction Specifications.[1]
[1]
Editor's Note: The Design Standards and Construction Specifications
are included as an attachment to this chapter.
A.
The minimum lot size and frontage shall be controlled by the provisions of Chapter 135, Zoning, at the time the applicant receives final approval. However, when considering a cluster development, the Planning Board shall use its discretion in determining the lot size.
B.
All lots shall abut on a dedicated street with a minimum width of
60 feet.
C.
Double frontage lots should be avoided, except where employed to
prevent vehicular access to major traffic streets or required by other
design parameters. A planting screen easement of at least 10 feet
across, of which there shall be no right of access, shall be provided
along lines of lots abutting major traffic arteries or other disadvantageous
uses.
D.
Corner lots shall be land 1/2 times the width of the subdivision
and a depth consistent with that of other lots in the subdivision.
The minimum building setbacks shall be controlled by the provisions set forth in Chapter 135, Zoning, of this Code.
If sewer, water, gas, electrical, streetlighting or other public
utility facilities are proposed, their location and installation shall
be coordinated so that they may be operated and maintained at a minimum
cost.
Alleys are prohibited in residential developments. In commercial
or industrial districts, alleys shall be a minimum width of 22 feet.
Where such alleys dead-end, they shall be provided with a turnaround
having an outside roadway diameter to allow emergency vehicle access.
