[Added 7-14-2002 by L.L. No. 2-2002]
A.
The New York State Legislature, in enacting Section
2 of Chapter 663 of the Laws of 1992, amended Village Law § 7-718,
Subdivision 3, to prohibit members of a village board of trustees
from serving as a member of that village's planning board. This amendment
to the Village Law became effective on July 1, 1993.
B.
Since the effective date of that amendment to Village
Law § 7-718, Subdivision 3, the Village of Munsey Park has
had no applications or other actions that required input or approval
by a Village planning board. To a substantial extent, property within
the Village already is fully subdivided under applicable provisions
of the Zoning Law of the Village. Nevertheless, from time to time,
the Village may be presented with actions or applications that properly
would be presented to a Village planning board or other body entrusted
with the functions ordinarily entrusted to a planning board under
applicable sections of the Village Law.
C.
Historically, the Board of Trustees of the Village
has served as the Planning Board for the Village. This practice has
served the best interests of the Village, permitting the full integration
of land use planning functions with that of the Board of Trustees,
and enabling the Village, which is small in size and severely limited
with respect to the pool of qualified candidates able or willing to
serve on a separate planning board, to have Village residents available
to serve this function in the limited instances when same is necessary
or desirable for the interests of the Village. The Board feels that
the best interests of the Village would be served by continuing its
practice of placing the responsibility for land use planning issues
with the Board of Trustees. To that end, it is the intention of the
Board of Trustees to supersede the provisions of Village Law § 7-718,
Subdivision 3, as they apply to the Village of Munsey Park, in order
to permit the Board of Trustees to perform all functions that are
entrusted to a planning board of a Village pursuant to the Village
Law.
Pursuant to the provisions of Article IX of the New York State Constitution and Subdivision 1(ii)e(3) of § 10 of the Municipal Home Rule Law, Subdivision 3 of § 7-718 of the Village Law is hereby amended and superseded in its application to the Village of Munsey Park.
The Board of Trustees of the Village shall have
the full power and authority of a Village planning board, as provided
for under the Village Law of the State of New York, in the same manner
and to the same extent as if the Board of Trustees had duly authorized
by local law the creation of a Planning Board consisting of five members,
and the Trustees of the Village shall be deemed to serve as members
of the Planning Board of the Village, in the same manner and to the
same extent as if same were duly appointed by the Mayor and approved
by the Board of Trustees as Planning Board members, except to the
extent that § 7-718(3) of the Village Law is superseded
by the provisions of this article. All references to the "Planning
Board" contained in any ordinance, law or resolution heretofore adopted
by the Board of Trustees of the Village, or in any local law or resolution
hereafter adopted by the Board of Trustees of the Village, shall be
deemed to refer to the Board of Trustees of the Village as then constituted,
serving in such capacity pursuant to the provisions of this article.
A.
Preliminary subdivision approval: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article XIII of Chapter 200 of the Village Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 200-74 through 200-77 of Article XIII of Chapter 200. The approved preliminary subdivision plat shall be consistent with the provisions of Article XIII of Chapter 200 and Chapter 88.
B.
Final subdivision approval. A stormwater pollution prevention plan consistent with the requirements of Article XIII of Chapter 200 of the Village Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 200-74 through 200-77 of Article XIII of Chapter 200. The approved final subdivision plat shall be consistent with the provisions of Article XIII of Chapter 200.
C.
Site plan approval: A stormwater pollution prevention plan consistent with the requirements of Article XIII of Chapter 200 of the Village Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 200-74 through 200-77 of Article XIII of Chapter 200. The approved site plan shall be consistent with the provisions of Article XIII of Chapter 200.
