A minor subdivision (fewer than five lots) plat
shall be prepared and submitted to the Planning Board for all proposed
minor subdivision. The requirements and procedures of this process
are as follows:
A. Requirements.
(1) Nine copies of the minor subdivision plat, a completed
application and a fee shall be submitted to the Village Clerk. Copies
will be used for the following purposes:
(a)
One copy shall be returned to the subdivider
with notification of decision.
(b)
One copy shall be retained by the Planning Board.
(c)
One copy shall be retained by the Code Enforcement
Officer.
(d)
Six copies shall be used for necessary coordination
with and referral to other agencies and consultants.
(2) Additional copies may be required to be submitted
to the Chairman of the Planning Board who may determine that other
officials, agencies or consultants need to be informed about the project.
(3) The minor subdivision plat shall comply with the requirements
set forth in the Design and Construction Standards for Land Development
of the Village of Penn Yan. This document is available from the Village
Clerk of the Village of Penn Yan.
B. Procedures shall be as follows:
(1) Completed application. Upon the receipt of an application
for a minor subdivision, the Chairman of the Planning Board shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Chairman shall
place the matter on the agenda of the next available Planning Board
meeting for discussion purposes. The Chairman also will distribute
the plat to affected agencies, including the Highway, Fire and Municipal
Utilities Boards, the Historic Preservation Commission, if appropriate,
the Code Enforcement Officer and the Village Board.
(2) Public hearing. The Planning Board will set an appropriate
date for the public hearing.
(a)
The Planning Board will review the completed
application and the plat, taking into account the comments of the
affected agencies which have reviewed the application and the plat.
(b)
The public hearing will be held within 62 days
of the date of the receipt of a completed application by the Planning
Board.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
(c)
Notice. The notice of the hearing shall be advertised
at least once in the official Village newspaper at least five days
before such hearing is held. Owners of property located within 500
feet of the land proposed for subdivision shall be sent a copy of
the public hearing notice by the Secretary to the Planning Board.
(3) Action on minor subdivision plat.
(a)
Public hearing. The Planning Board shall, by
resolution within 62 days after the close of the public hearing, approve
conditionally, approve with or without modification or disapprove
such plat. The resolution shall contain the findings of fact on the
project. Notification of action shall be mailed to the subdivider
within seven working days of the date of Planning Board action. In
the case of disapproval of a proposed plat, the Planning Board shall
state its reasons for disapproval in its minutes. A letter stating
the reasons for denial shall be sent by the Planning Board to the
applicant. Failure of the Planning Board to act within the required
time period shall constitute approval. The certificate of the Village
Clerk as to the date of receipt and/or hearing and the failure to
take action within such prescribed time shall be issued on demand
and shall be sufficient in lieu of written approval. Notwithstanding
these provisions, the time in which the Board must take action may
be extended by mutual consent.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
(b)
Upon completion of the public hearing, the Planning
Board shall make findings of fact on the project. Findings of fact
will be based upon information generated during the public hearing
and the comments made by the affected agencies and staff reports.
This resolution of approval shall include findings of fact.
(c)
Conditional approval. Upon resolution of conditional
approval, the Planning Board shall empower a duly authorized officer
to sign the plat subject to completion of such requirements as may
be stated in the resolution. Conditional approval shall expire within
180 days after the date of the resolution granting conditional approval
unless all such requirements are completed. This period may be extended
by the Planning Board for up to two ninety-day periods beyond the
180 days.
(d)
Expiration of approval. An approved plat shall
be filed in the Yates County Clerk's office within 60 days from the
date of signature of the duly authorized officer of the Planning Board
or certification of no action by the Planning Board. Failure to file
the plat within this period shall constitute expiration of approval.
(e)
Issuance of permits restricted. No site improvements
within the subdivision shall be installed until the plat has received
final approval by the Planning Board and surety has been posted pursuant
to this chapter. No building permits shall be issued within the proposed
subdivision until the plat has been filed in the Yates County Clerk's
office and notification of the filing has been received by the Chairman
of the Planning Board and the Code Enforcement Officer.