These rules and regulations shall be known and
may be cited as the "Village of Penn Yan Subdivision Regulations."
Subdivisions within the Village of Penn Yan shall be designed and
submitted for approval in compliance with the standards and procedures
set forth herein.
These regulations are adopted for the following
purposes:
A. To protect and provide for the public health, safety
and general welfare.
B. To guide the future growth and development in accordance
with established standards and sound planning principles.
C. To secure safety from fire, flood and other danger
and to prevent overcrowding of the land and undue congestion of population.
D. To protect the character and the social, historical
and economic stability and to encourage orderly and beneficial development.
E. To protect and conserve the value of land, buildings
and improvements and to minimize conflicts among the uses of land
and buildings.
F. To guide public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
schools, parks, playgrounds, recreation and other public requirements
and facilities.
G. To provide the most beneficial relationship between
land and buildings and the circulation of traffic, having particular
regard to the avoidance of congestion in streets, highways and pedestrian
traffic.
H. To establish design standards and procedures for subdivisions
and resubdivisions and to ensure proper legal descriptions and monumenting
of subdivided land.
I. To ensure that public facilities are available and
will have a sufficient capacity to serve the proposed subdivision.
J. To preserve the natural beauty and topography of the
Village of Penn Yan and to ensure appropriate development with regard
especially to environmentally sensitive areas.
K. To provide for open spaces not in zoning law by means
of design layout of the land, including clustering (dwelling groups)
to provide minimum width and area of lots while preserving land density
as established in the Village of Penn Yan Zoning Ordinance.
These regulations shall be in full force and
effect upon their adoption and apply to all subdivisions after its
effective date.
In order that land may be subdivided in accordance
with these purposes and policy, these subdivision regulations are
hereby adopted.
[Added 2-19-2008 by L.L. No. 1-2008]
A. Exemption. A lot line adjustment shall not be considered
a subdivision and therefore is exempt from the procedural requirements
otherwise imposed upon a subdivision. A lot line adjustment, however,
must be determined to be exempt by the Code Enforcement Officer based
upon the lot line adjustment criteria set forth herein.
B. Criteria for classification as a lot line adjustment.
(1) No new lot is to be created; or
(2) The action is intended to adjust, relocate or correct
an existing lot line; or
(3) The intended conveyance will involve a part of one
lot being added to an adjoining lot; and
(4) Neither of the lots involved will become nonconforming
in any respect under the Zoning Chapter as a result of the lot line adjustment.
C. Application process.
(1) An application for a lot line adjustment exemption
shall be submitted to the Code Enforcement Officer and be in a form
prescribed by the Board of Trustees.
(2) The fee for such application shall be set by the Board
of Trustees.
(3) The application shall contain:
(a)
The name, address and telephone number of each
lot owner involved in the lot line adjustment.
(b)
The address and Tax Map number of each lot involved.
(c)
An explanation of the intended adjustment and
the reason(s) therefore.
(d)
A map, acceptable to the Code Enforcement Officer,
drawn to scale depicting the existing lot lines as well as the proposed
new lot line.
(e)
Any other documentation and/or information required
by the Code Enforcement Officer.
D. The Code Enforcement Officer shall make a determination
of whether to grant the exemption within 10 days of the application
submission being complete, and shall within such ten-day period provide
written notification thereof to the applicant. In the event that the
exemption is denied, the Code Enforcement Officer shall specify the
reason(s) therefor in the written notice.