A.
Application form. Applications required under this chapter must be
submitted in a form and in such numbers as outlined. The Village Clerk
shall provide checklists of application submittal requirements and
make those checklists available to the public. Application forms and
checklists of required submittal information are available in the
Village Office.
B.
Review Boards. For the purposes of this chapter, the terms "reviewing
board" or "review board" shall refer to the Village board charged
with review and/or approval authority as enacted under this chapter.
For example, special use permit applications shall fall under the
purview of the Village Board, while variance applications require
ZBA review.
C.
Violations prohibited.
(1)
No applications that include a building, structure, property,
or use that is in violation of this chapter, local law of the Village
of Pittsford, or New York State laws, rules, and/or regulations shall
be accepted or processed.
(2)
Applications which, in whole or in part, include a proposal
to rectify and/or remove violations on such property may be considered
by the appropriate reviewing board(s) in accordance with this chapter.
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.
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 preapplication conference will help to build a better understanding
of the proposal and property in question and establish an overall
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 preapplication 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, complete
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 an application. Where
there are multiple land owners, a written consent agreement among
all land owners must be included within the application.
(3)
At least two hard copies and one electronic copy of the required
materials shall be provided.
(4)
In order to be considered, applications must be submitted to
the Village Clerk at least two weeks prior to the meeting at which
the applicant wishes to be considered or such longer period of time
established by the rules and procedures of the reviewing board.
(5)
Supplemental materials and amendments to applications already
under review are due on Friday at least seven days prior to the meeting
of the reviewing board.
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, officials, boards, committees,
or consultants in making such a determination.
(3)
If an application is determined to be inadequate, 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,
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 § 210-19.5.
D.
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.
E.
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 an 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 the public hearing, where
required by this chapter and New York State Village Law, the reviewing
board shall issue a decision by majority vote to approve, approve
with conditions or modifications, or deny the proposed application.
(2)
Prior to issuing a decision on an accepted application, the
reviewing 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.
Waiving application requirements. The reviewing board is authorized
to waive or modify, in whole or in part, any of the application requirements
if one or more of the following is determined by the review board
chairperson:
(1)
Any such requirement or 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.
D.
Additional application requirements. The Board may require additional
information deemed necessary for a complete and adequate review.
A.
Internal referral. The reviewing board may refer any application
to another Village board, committee, department, or official for review
and comment. Within 45 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 reviewing board may seek the opinion of any legal, engineer, design, or other professional to aid in the review of an application in accordance with § 210-19.5 of this chapter.
C.
County referral. The Village shall refer all required materials to
the Monroe County Planning Department pursuant to New York State General
Municipal Law § 239-m, as amended, and in accordance with
planning referral agreements between the Village and Monroe County.
A.
Expiration. With the exception of variance applications, the approval
of an application shall expire if one of any of the following occur:
(1)
The approved use or uses cease operation for more than six consecutive
months for any reason;
(2)
The applicant fails to obtain necessary building permits or
certificates of occupancy within one year of the approval date;
(3)
The applicant fails to comply with the conditions of the application's
approval within one year of the date of issuance or completion of
construction, where applicable;
(4)
The applicant fails to initiate construction or operation of
use within one year of the approval date;
(5)
The applicant fails to complete construction within three years
of the approval date; or
(6)
The applicant fails to renew a time limited permit prior to
the stated time period ending.
B.
Extensions. The reviewing 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 reviewing board may revoke approval if 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 approval shall be
deemed a violation of this chapter and shall be subject to enforcement
action as provided herein.
All 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.
SEQRA compliance. 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.
Type I actions. The purpose of the list of Type I actions in this
section is to identify, for agencies, project sponsors and the public,
those actions and projects that are more likely to require the preparation
of an EIS than unlisted actions. As provided for in Part 617 of SEQRA,
the Village of Pittsford hereby establishes the following listing
of actions. All agencies are subject to this Type I list.
(1)
Demolition of a structure over 400 square feet or any building
deemed to be a contributing building in the National Register Historic
District designation of 2015.
(2)
A change in use from a use permitted as-of-right or a preexisting
nonconforming use to a specially permitted use that requires construction
of new parking spaces, expansion of an existing parking lot, or allocation
of existing parking on other properties to accommodate the new use.
(3)
Construction, expansion, or alteration of a nonresidential structure
involving more than 4,000 square feet of gross floor area.
(4)
Construction, expansion, or reconfiguration of a parking lot
involving more than 25 spaces.
(5)
Alteration of more than 0.25 acres of land, unless associated
with a single-family, two-family, or three-family dwelling.
(6)
Removal, replacement, alteration, or pruning of more than 0.25
acres of trees, landscaping, or natural growth, unless associated
with a single- or two-family dwelling.
(7)
Any unlisted action occurring within the corporate limits of
the Village of Pittsford.
