A. 
Whenever any subdivision of land, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the applicant or his/her duly authorized agent shall apply for the approval of such subdivision in accordance with this article.
B. 
Applications under this chapter must be submitted in such form and numbers as outlined herein. The Village Clerk shall provide checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required information are available in the Village Office.
C. 
Applications for minor subdivisions, as defined in Article 5, are subject to a single-phase review and approval process. Approval of a minor subdivision is required for development to occur.
D. 
Applications for major subdivisions, as defined in Article 6, are subject to a two-phase review and approval process. The applicant shall first submit a preliminary plat application for review and approval. Within one year of preliminary plat approval, the applicant shall submit a final plat application for review. Final plat approval is required for development to occur.
A. 
It is recommended that applicants request a pre-application conference prior to entering the formal application review process to discuss the nature of the proposed application and to determine the best course of action for submittal.
B. 
Pre-application conferences may be held upon request of an applicant with one or more of the following Village representatives:
(1) 
Code Enforcement Officer;
(2) 
Village Clerk;
(3) 
Planning Board Chair; and
(4) 
Historic Preservation Board Chair.
C. 
The purpose of the pre-application conference is to provide an opportunity for a potential applicant to consult early and informally with the Village. A pre-application conference will help to build a better understanding of the proposal and property in question and establish an overall design approach that respects important features to the Village while maximizing the potential of the property.
D. 
In no way shall any comments or feedback provided by the Village during pre-application review be construed as an indication of decision or be legally binding in any way.
E. 
Materials presented during the pre-application conference may be incomplete and/or conceptual in design; however, a formal application is required to be considered for approval.
A. 
Submittal.
(1) 
Applications where required by this chapter shall be submitted to the Village Clerk.
(2) 
Only the property owner or their agent, with legally binding and written permission of the owner, may file for subdivision. Where there are multiple land owners, a written consent agreement among all land owners must be included within the application.
(3) 
At least six hard copies and one electronic copy of the required materials shall be provided.
(4) 
Applications must be submitted to the Village Clerk at least two weeks prior to the Planning Board meeting at which the applicant wishes to be considered.
B. 
Acceptance and processing.
(1) 
The Village Clerk 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 application fee.
(2) 
The acceptance of an application by the Village Clerk shall in no way be interpreted as a determination of the completeness, adequacy, or accuracy of application materials, but rather serve as an acknowledgement to the receipt of required application materials. The Village Clerk may consult with other Village departments or divisions, the Code Enforcement Officer, the Planning Board, the Village Board, or professional consultants in making such a determination.
(3) 
If an application is determined to be inadequate, within 30 days of submittal the Village Clerk must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies that will prevent competent review. No further processing will occur until the deficiencies are corrected. If the deficiencies are not corrected within 62 days of the notice of the deficiency, the application will be considered withdrawn.
(4) 
No further processing of inadequate applications will occur; applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.
C. 
Application fee. All applications shall be accompanied by the fee established by the Village Board. Failure to submit said fee shall deem an application unacceptable, regardless of the status of submittal on all other required materials. This shall also include application consultant fees as established by Chapter 210, § 210-19.5, Consultant fees.
D. 
Complete applications.
(1) 
No subdivision application shall be considered complete until all required application materials are submitted with accompanying fee in the required number and form, and the lead agency has filed a negative declaration, conditioned negative declaration, or notice of completion of a draft environmental impact statement (DEIS) in accordance with the provisions of SEQRA.
(2) 
The required time periods for public hearing and review of a minor, preliminary, or final plat set by New York State Village Law § 7-728 shall only begin upon receipt of a complete application as defined herein.
E. 
Applicant responsibilities. The applicant and/or their agent is expected to attend all meetings at which the application is to be discussed. In all cases, the burden is on the applicant to show that their application complies with the Pittsford Village Code and any other applicable local laws and New York State laws, rules, and regulations.
F. 
Agricultural data statement.
(1) 
Any application for a property that is within an agricultural district containing a farm operation or property within 500 feet of a farm operation located in an agricultural district shall include an agricultural data statement.
(2) 
Upon receipt of a subdivision application containing an agricultural data statement, the Village Clerk shall mail a copy of the agricultural data statement to the owners of the land identified by the applicant in the agricultural data statement.
(3) 
The applicant shall be required to reimburse the Village for such mailing upon written request.
(4) 
For the purposes of this section, an "agricultural district" shall be defined as an agricultural district recognized by the New York State Agriculture and Markets agricultural district program.
A. 
Issuance of decision.
(1) 
Within 62 days following the close of public hearing, the Planning Board must issue a decision by majority vote. The Planning Board shall vote to approve or conditionally approve, approve or conditionally approve with modifications, or deny the proposed subdivision application.
(2) 
Prior to issuing a decision on an accepted application, the Planning Board shall by resolution determine the application to be complete, noting any waived requirements therein.
B. 
Written findings. Decisions shall contain written findings explaining the rationale for the decisions considering the standards contained in this chapter. Such decision may be amended from time to time to add additional findings of fact. A copy of the decision shall be promptly filed in the Village Clerk's Office and mailed to the applicant.
C. 
Conditional approval. The Planning Board may grant conditional approval with or without modification to the plat. A conditional decision shall be filed in the same manner as outlined in Article 4. The copy mailed to the applicant shall include a statement of such conditions. The Planning Board Chair shall not sign the plat until it is certified by the Code Enforcement Officer that the applicant has complied with all conditions.
D. 
Default approval. In the event the Planning Board fails to act on a subdivision application within the time prescribed herein, or such extended period established by the mutual consent of the applicant and the Planning Board, the subdivision application shall be deemed approved, and a certificate of approval shall be issued by the Village Clerk on demand and shall be sufficient in lieu of written endorsement of other evidence of approval herein required.
E. 
Waiving application requirements. The Planning Board is authorized to waive, in whole or in part, any of the application requirements if one or more of the following is determined by the Planning Board Chairperson:
(1) 
Any such requirement of part thereof is found not to be requisite in the interest of the public health, safety, or general welfare;
(2) 
Any such requirement is inappropriate or unrelated to the application; or
(3) 
Any such requirement will not mitigate adverse impacts generated by the proposed project or will not aid in the buffering of dissimilar uses.
F. 
Additional application requirements. The Planning Board may require additional information not listed herein be submitted as part of an application if such additional material is deemed necessary for a complete and adequate review. Upon request, these materials shall be presented in graphic form accompanied by a written text and/or prepared by a licensed professional.
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 or official shall submit its recommendation in writing with a summary of findings to the reviewing board.
B. 
Professional referral. The Planning Board may seek the opinion of any legal, engineering, design, or other professional to aid in the review of an application at the expense of the applicant. The fees shall be determined as outlined in Chapter 210, § 210-18.5 of the Village Code.
C. 
County referral. The Village shall refer all materials to the Monroe County Planning and Development Department pursuant to New York State General Municipal Law § 239-n, as amended, and in accordance with planning referral agreements between the Village and Monroe County.
A. 
Expiration. The approval of a subdivision application shall expire if at least one of the following occur:
(1) 
The applicant fails to submit for final plat approval within one year of the preliminary plat approval date;
(2) 
The applicant fails to complete and have certified all conditions of plat approval within one year of the approval date;
(3) 
The applicant fails to obtain necessary building and/or zoning permits within one year of the final plat approval date;
(4) 
The applicant fails to initiate construction, if applicable, within one year of the final plat approval date; or
(5) 
The applicant fails to complete construction, if applicable, within three years of obtaining the necessary building permits.
B. 
Extensions. The Planning Board may grant an extension for any condition in Subsection A upon written request by the applicant. The applicant shall include in such request the desired time period for the extension, not to exceed one year, and the reasoning for requesting the extension.
C. 
Revocation. The Planning Board may revoke approval if it is found that the applicant violates the conditions of the approval or engages in any construction or alteration not authorized by the approval.
D. 
Enforcement. Any violation of the conditions of subdivision approval shall be deemed a violation of this chapter, and shall be subject to enforcement action as provided herein.
All subdivision applications considered in the LWO District shall also be subject to local waterfront consistency review as required by Chapter 121 of the Village of Pittsford Code.
A. 
The review and approval of all applications shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations. Where requirements of this chapter may come in conflict with SEQRA law, the state regulations shall supersede.
B. 
The subdivision of land shall be considered a Type I action, as provided for by SEQRA law.
C. 
If the lead agency on a subdivision application, through the completion of an environmental assessment form (EAF), determines an action not to have a significant adverse environmental impact, a negative declaration is filed. If an action is determined to potentially have significant adverse environmental impacts, a draft and final environmental impact statement (EIS) is required.
D. 
Applicants are responsible for preparing the draft and final EIS, if required. Should the applicant defer to the Planning Board for the preparation of a draft and/or final EIS, a written agreement for reimbursement to the Village for such expense shall be required.
E. 
When required, the public hearing for an EIS may be held jointly with the subdivision application public hearing. However, public notice in this case must increase to at least 14 days prior to the date of the scheduled hearing.
F. 
When actions consist of several steps or phases of activities, the entire set must be considered the action, even if several separate agencies are involved.