[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[Repealed 11-15-2005 by L.L. No. 12-2005;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]
Reserve strips controlling access to streets shall be prohibited except
where their control is placed in the Village under conditions approved by
the Board.
Property lines at intersections shall be established in such a manner
as to place within the street right-of-way the triangular area which is formed
by the street lines extended and a straight line adjoining points on said
street lines 30 feet distant from their point of intersection.