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.
A.
Approval of plats. By the authority of the resolution
of the Village Board of the Village of Penn Yan adopted on December
3, 1951,[1] pursuant to the provisions of §§ 7-728,
7-730 and 7-732 of Article 7 of the Village Law of the Consolidated
Laws of New York, the Planning Board of the Village of Penn Yan shall
be authorized and empowered to review and approve, modify and approve
or disapprove plats for subdivisions, showing lots, blocks or sites,
with or without streets or highways, within the Village of Penn Yan.
By the same authority, the Planning Board has the authority to pass
and approve the development of entirely or partially undeveloped plats
already filed in the office of the Clerk of the County.
[1]
Editor's Note: See Ch. 23, Planning Board.
B.
Clustering; modification of lot area and width requirements.
By the authority of the resolution of the Village Board of the Village
of Penn Yan adopted on December 3, 1951,[2] pursuant to the provisions of § 7-738 of Article
7 of the Village Law of the Consolidated Laws of New York, the Planning
Board of the Village of Penn Yan is authorized simultaneously with
the approval of a plat or plats to modify applicable provisions of
the Zoning Ordinance[3] within the Village of Penn Yan. Such authority shall be
limited to those specific situations specified in these regulations.
C.
Provisions for recreation areas. By the authority
of the resolution of the Village Board of the Village of Penn Yan
adopted on December 3, 1951,[4] pursuant to the provisions of § 7-730 of Article
7 of the Village Law of the Consolidated Laws of the State of New
York, the Planning Board of the Village of Penn Yan shall be authorized
simultaneously with the approval of a plat or plats to require the
subdivider to pay a fee for recreation and site development or to
reserve open space for parks, playgrounds or other recreational purposes
in lieu of a monetary payment. Recreation fees are spent at Village
Board discretion.
[4]
Editor's Note: See Ch. 23, Planning Board.
A.
In their interpretation and application, the provisions
of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. The regulations are not intended
to interfere with, abrogate or annul any other ordinance, rule or
regulation, statute or other provision of law. Where any provision
of these regulations imposes restrictions different from those imposed
by any other provision of these regulations or any other ordinance,
rule or regulation or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
(2)
Private provisions. These regulations are not intended
to abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of these regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these regulations shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose
duties and obligations more restrictive or higher standards than the
requirements of these regulations or the determinations of the Planning
Board of the Village of Penn Yan in approving a subdivision or in
enforcing these regulations and such private provisions are not inconsistent
with these regulations or determinations thereunder, then such private
provisions shall be operative and supplemental to these regulations
and determinations made thereunder.
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.
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.
A.
General enforcement.
(1)
It shall be the duty of the Code Enforcement Officer
to enforce these regulations and to bring to the attention of the
Village Board any violations or lack of compliance herewith.
(2)
Once a subdivision has been proposed, no lot within
that proposed subdivision shall be transferred or sold before the
subdivision plan has been approved by required governmental bodies
and duly filed in the office of the Yates County Clerk.
(3)
The subdivision of any lot or any parcel of land,
by the use of metes and bounds description for the purpose of sale,
transfer or lease with the intent of evading these regulations, shall
not be permitted.
B.
Violations and penalties. Any person, firm or corporation
who fails to comply with or violates any of these regulations or refuses
to do any act required by these regulations shall be guilty of an
offense and subject to a fine not to exceed $250 for each violation
and, if an individual person, shall be subject to imprisonment not
to exceed 15 days. Each week that such violation, disobedience, omission,
neglect or refusal continues or arises shall be deemed a separate
offense.
C.
Civil enforcement. Appropriate actions and proceedings
may be taken by law or in equity proceedings to prevent any violation
of these regulations, to prevent unlawful construction, to recover
damages, to restrain, correct or abate a violation or to prevent illegal
occupancy of a building, structure or premises, and these remedies
shall be in addition to the penalties described above. Consequently,
the Village Board may institute any appropriate action or proceeding
to prevent and to restrain, correct or abate such violation or to
prevent any illegal act, conduct, business or use in and about such
premises.
