[Amended 11-15-2005 by L.L. No. 12-2005]
A.
Considerations. In considering applications for subdivision of land and/or development, the Planning Board shall be guided by the standards set forth herein as the minimum requirements for the convenience, health comfort, safety and welfare of the Village. It is expressly declared that these requirements do not create a right to subdivide or partition by any party, but are merely the minimum conditions that must be met before any further consideration is due. The Board shall further consider whether the proposal is appropriate for the Village in its character and nature, in the best interests of good planning for the residents, current and future, of the Village.
B.
Land to be subdivided and/or developed shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace, without development of steep slopes and/or wetlands. Land subject to such hazards shall not be subdivided nor developed for residential purposes nor for such other uses as may increase danger to health, life or property, or aggravate a flood hazard, but such land may be set aside for such uses as shall not involve such danger nor produce unsatisfactory living conditions.
C.
Conformance to Master Plan and Official Map. Land to be subdivided and/or developed shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace, without development of steep slopes and/or wetlands except as permitted by the Village Code.
[Repealed 11-15-2005 by L.L. No. 12-2005; added 3-21-2006 by L.L. No. 5-2006]
D.
Frontage on improved street. Notwithstanding the provisions of this section, unless street frontage is required by another provision of the Village Code, where the Planning Board affirmatively finds that the protection or preservation of the environment, open space or historic structures will be furthered, enhanced and served thereby, the Planning Board may approve a subdivision, or impose a condition thereon, which contains one or more lots which have either no, or limited, street frontage. Except where such authority is expressly conferred on the Planning Board, the Planning Board shall not have authority to grant or approve any variance of the zoning regulations of the Village.
[Amended 11-15-2005 by L.L. No. 12-2005; 3-21-2006 by L.L. No. 5-2006]
E.
Preservation of natural cover.
(1)
Land to be subdivided and/or developed shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, limit stormwater runoff, and conserve the natural cover and soil. No topsoil, sand or gravel shall be removed from any lots shown on any subdivision plat except for the purpose of improving such lots and for the laying out of streets shown thereon. Topsoil so removed shall be restored to a depth of six inches and properly seeded and fertilized on the areas of such lots not occupied by buildings or structures. No excess topsoil so removed shall be disposed of outside of the boundaries of the Village except upon the approval of the Board of Trustees of the Village.
(2)
The Board shall not approve a subdivision or partition having one or more of the following characteristics:
[Added 11-15-2005 by L.L. No. 12-2005]
(a)
A lot comprised of 25% or more steep slopes or very steep slopes, as defined in Chapter 177, Freshwater Wetlands and Steep Slopes;
(b)
Construction or disturbance of a steep slope area or very steep slope area; provided, however, that the Board may approve a lot or subdivision if it determines that there is no other alternative design that would permit a viable lawful residential use, and in such case the Board shall impose such conditions as are necessary to make certain that such sloped lands are protected to a reasonable extent.
F.
Preservation of existing natural features. Existing natural features that enhance the attractiveness of the site and which would add value to residential or other development or to the Village as a whole, such as trees, watercourses, ponds and similar irreplaceable assets, shall be preserved insofar as possible by harmonious design of the subdivision. The Board may reject any proposal that fails to accomplish the goals set forth in this section, or may impose such conditions or modifications as are necessary to do so. If the subdivider finds compliance with the Board's conditions or modifications unacceptable, then the Board shall reject the proposal.
[Amended 11-15-2005 by L.L. No. 12-2005]