[Added 2-4-1998 by L.L. No. 1-1998]
Pursuant to the authority of § 276(4)(a) of the Town Law and § 439-1 of the Town Code of the Town of Chili, the Town of Chili hereby creates two classes of subdivisions: major subdivisions and minor subdivisions, with separate review procedures and criteria for each class.
The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Chili while providing a streamlined procedure to create
an approved minor subdivision and to address existing divisions of
land which predate this article.
A.
Exemption from full Planning Board review. A certified
minor subdivision shall not require review by the full Planning Board
of the Town of Chili. No public hearing or open meeting is required
to review and certify a minor subdivision.
B.
Certification of minor subdivisions. The Director
of Planning, head of the Building Department, or similar officer or
designee, or Code Enforcement Officer is authorized to certify eligibility
of a subdivision application for review as a minor subdivision.
[Amended 12-3-2008 by L.L. No. 4-2008]
C.
Compliance with SEQR. For purposes of compliance with
the New York State Environmental Quality Review Act as contained in
Article 8 of the Environmental Conservation Law and its implementing
regulations, minor subdivisions are classified as Type II actions.
D.
Presumption. All subdivisions are presumed to be major subdivisions. Any minor subdivision application which fails to receive the certification of the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer or any certified map which is not recorded and filed pursuant to § 439-18C or 439-19C shall be reclassified as an application for major subdivision approval.
[Amended 12-3-2008 by L.L. No. 4-2008]
E.
Five-year limitation. No further subdivision of land subdivided as a minor subdivision under the standards of Article IV of the Subdivision of Land Chapter shall be permitted within five years from the date of certification by the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer. Such further applications submitted within the five-year period shall be deemed major subdivision applications.
[Amended 12-3-2008 by L.L. No. 4-2008]
[Amended 12-3-2008 by L.L. No. 4-2008]
A.
Application. The owner or the owner's authorized agent
(the "applicant") shall make application at the Building Department
for certification of the minor subdivision and shall submit the following
information, documentation and endorsements:
(1)
Instrument survey. The applicant shall submit an instrument
survey of the lands to be subdivided. Said instrument survey shall
conform to the standards of the Monroe County Bar Association and
the Genesee Valley Land Surveyors Association and be in a form suitable
for recording in the Monroe County Clerk's office and in addition
to the aforementioned standards shall include at minimum:
(a)
Locations of existing lot lines.
(b)
Location of proposed lot lines.
(c)
Land areas in acreage and square feet of existing
and proposed lots.
(d)
Zoning classification of the parcels affected
by the subdivision.
(e)
The date, liber and page for each parcel currently
held by the owner under deeds recorded in the Monroe County Clerk's
office.
(f)
Tax account numbers of existing lots.
(g)
Existing permanent improvements.
(h)
Lot numbers of existing and proposed lots.
(2)
Application fee. The applicant shall submit the application
fee established by resolution of the Town Board of the Town of Chili.
(3)
Authorization. The applicant shall submit a completed
minor subdivision application form with acknowledged signature(s)
of the proposed owner(s) evidencing their authorization of the minor
subdivision application as submitted.
(4)
Drainage district petition. The applicant shall submit
a completed petition to add the property owner's lands to the Town
of Chili Consolidated Drainage District, if not currently in said
district. Said petition shall be forwarded by the Building Department
to the Town Clerk for consideration by the Town Board.
B.
Certification and approval. Upon receipt of a complete application conforming with the requirements of § 439-18A, the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer shall certify the same and forward the certified application to the Chairman or Vice Chairman of the Planning Board, who shall approve the same by signing the minor subdivision instrument survey map.
C.
Perfection by recording. Within 62 days of the date
of approval by the Planning Board Chairman or Vice Chairman, the applicant
shall record the certified minor subdivision instrument survey map
in the office of the Monroe County Clerk in the book of maps.
It may be unduly burdensome to require an instrument
survey of a large tract of land for the purpose of subdividing one
residential building site from that tract. Therefore, in one-lot minor
subdivision, the following standards shall apply:
A.
Application. The owner or the owner's authorized agent
(the "applicant") shall make application at the Building Department
for certification of the one-lot minor subdivision and shall submit
the following information, documentation and endorsements:
[Amended 12-3-2008 by L.L. No. 4-2008]
(1)
Instrument survey. The applicant shall submit a current instrument survey, dated or redated within six months of application and all as required by § 439-18A(1), except that:
(a)
The requirement to fully map the remaining lands
on said survey is waived; and
(b)
The survey shall show the lot containing the
proposed residential building site and all improvements on the remaining
lands within 100 feet of the lot containing the proposed residential
building site and the survey shall contain a notation designating
as "Remaining Lands."
(2)
Application fee. The applicant shall submit the application
fee established by resolution of the Town Board of the Town of Chili.
(3)
Authorization. The applicant shall submit a completed
one-lot minor subdivision application form with acknowledged signature(s)
of the property owner(s) evidencing their authorization of the one-lot
minor subdivision application as submitted.
(4)
Drainage District petition. The applicant shall submit
a completed petition to add the property owner's lands to the Town
of Chili Consolidated Drainage District, if not currently in said
district. Said petition shall be forwarded by the Building Department
to the Town Clerk for consideration by the Town Board.
B.
Certification and approval. The Director of Planning,
head of the Building Department, or similar officer or designee, or
Code Enforcement Officer shall certify a one-lot minor subdivision
instrument survey map by signing the same upon first having:
[Amended 12-3-2008 by L.L. No. 4-2008]
(2)
Reviewed Town records to confirm that the remaining lands consist of a lot which conforms with Chapter 500, Zoning, and the one-lot minor subdivision contains no less than 20 acres. The obligations of the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer under this review of Town records are construed to be extremely limited. Where the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer cannot clearly and readily determine that the proposed one-lot minor subdivision conforms with the requirements of this certification, then the application shall be reclassified as an application for major subdivision approval. If the map is certified as a one-lot minor subdivision, the application shall then be transmitted to the Planning Board Chairman or Vice Chairman, who shall approve the same by signing the one-lot minor subdivision instrument survey map.
C.
Perfection by recording. Within 62 days of the date
of approval by the Planning Board or Vice Chairman, the applicant
shall record the certified one-lot minor subdivision instrument survey
map in the office of the Monroe County Clerk in the book of maps.
[Amended 12-3-2008 by L.L. No. 4-2008]
D.
Building permits on remaining-lands lot. In a one-lot
minor subdivision, the fully surveyed lot and the lot consisting of
remaining lands shall both be eligible to obtain building permits
subject to other applicable law.
A.
Grandfathered subdivisions. A minor subdivision or
one-lot minor subdivision created by recording of deed or plat in
the office of the Monroe County Clerk prior to the effective date
of this article shall be deemed a conforming subdivision upon receipt
of a certificate, suitable for recording in the Monroe County Clerk's
office, which the Director of Planning, head of the Building Department,
or similar officer or designee, or Code Enforcement Officer shall
issue upon proof of the following:
[Amended 12-3-2008 by L.L. No. 4-2008]
(1)
Exemption of lots shown on approved plats: that it
is exempt pursuant to the provisions of § 265-a of the Town
Law.
(2)
Retroactive compliance: that it has received minor subdivision approval and complied with all the applicable provisions of Article IV of the Town of Chili Subdivision of Land Chapter.
(3)
Engineered subdivisions: that all the lands involved
in the subdivision are wholly contained within the boundaries of an
engineered subdivision or two or more contiguous engineered subdivisions.
B.
Other preexisting minor subdivisions. If a minor subdivision or one-lot minor subdivision created by recording of deed or plat in the office of the Monroe County Clerk prior to the effective date of this article is not deemed a conforming subdivision pursuant to § 439-20A, then the following standards and procedures shall apply:
(1)
Certification review. The Director of Planning, head
of the Building Department, or similar officer or designee, or Code
Enforcement Officer shall review Town records to determine if the
preexisting subdivision is violative of the goal of the Comprehensive
Code Enforcement Plan. In making this determination, he shall review
all documents and personal recollections developed during his code
enforcement efforts, including complaints, oral or written, confirmed
or unconfirmed, prosecuted or unprosecuted relating to the subject
parcel or to code enforcement problems in the general vicinity of
the subject parcel. The obligations of the Director of Planning, head
of the Building Department, or similar officer or designee, or Code
Enforcement Officer under this review are construed to be extremely
limited.
[Amended 12-3-2008 by L.L. No. 4-2008]
(a)
Pass and certify. If the subdivision in question
passes this review, then the Director of Planning, head of the Building
Department, or similar officer or designee, or Code Enforcement Officer
shall issue a certificate, suitable for recording in the Monroe County
Clerk's office, certifying that the subdivision in question is deemed
conforming under the Subdivision of Land Chapter of the Town of Chili.
(b)
Fail and refer to Planning Board. All preexisting minor subdivisions which are not deemed conforming pursuant to § 439-20A are presumed to be applications for major subdivision approval. If the certification review results in any information indicating or tending to indicate a violation of the goal of the Comprehensive Code Enforcement Plan, then the application shall be reclassified as an application for major subdivision approval and the applicant shall have the opportunity to obtain the review and approval of the Planning Board at a public hearing for major subdivision approval pursuant to § 439-11B et seq.
(c)
Fail and refer to Town Engineer. As an alternative to the Planning Board referral in § 439-20B(1)(b), the applicant may request that the application be referred directly to the Town Engineer for review. Applying the customary practices for engineering review of a minor subdivision to the materials submitted by the applicant, the Town Engineer may approve, disapprove or approve with conditions, the preexisting minor subdivision in question. If approved or approved with conditions, the Town Engineer shall refer a letter of determination to the Director of Planning, head of the Building Department, or similar officer or designee, or Code Enforcement Officer, who shall issue a certificate, suitable for recording in the Monroe County Clerk's office, certifying that the subdivision in question is deemed conforming under the Subdivision of Land Chapter of the Town of Chili, subject to the conditions, if any, issued in the Town Engineer's letter of determination. However, if the Town Engineer disapproves of the application or determines that the materials submitted are insufficient to make an informed determination, then the application shall be reclassified as an application for major subdivision approval and the applicant shall have the opportunity to obtain a review and approval of the Planning Board at a public hearing for major subdivision approval pursuant to § 439-11B et seq.
