Land within the Village of Rye Brook may be subdivided into lots, blocks or sites, with or without streets or highways, only if approved by the approval authority, as defined in § 219-9 below, in accordance with the procedures and requirements as set forth in these regulations and only if the approved plat is duly filed in the office of the County Clerk of Westchester County, New York. Construction, excavation, filling, regrading, clearing of vegetation or other similar activities related to a proposed subdivision shall not begin within any area proposed or intended for subdivision until said subdivision shall have been approved by the approval authority.
A.
Major subdivisions. For all major subdivisions, as
defined under this chapter, the Board of Trustees shall be the designated
approval authority, and shall review all major subdivision applications
in accordance with the procedures and requirements set forth in this
chapter.
B.
Minor subdivisions. For all minor subdivisions, as
defined under this chapter, the Planning Board shall be the designated
approval authority, and shall review all minor subdivision applications
in accordance with the procedures and, requirements set forth in this
chapter.
A resubdivision, as defined herein, is subject
to the same procedure, rules and regulations applicable to a subdivision.
It is declared to be the policy of the Village
to consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the Village. Land to be subdivided shall
be of such character that it can be used safely for building or development
purposes without danger to health or peril from fire, flood or other
menace and without resulting in significant damage to the ecology
of the area in which it is located. Proper provision shall be made
for drainage, water, sewerage, electric, telephone, gas and other
needed improvements. The proposed streets shall compose a convenient
system conforming to the Official Map. Streets shall be of such width,
grade and location as to accommodate the prospective traffic, to afford
adequate light and air and to facilitate fire and police protection.
In proper cases, and when required by the approval authority, a park
or parks of suitable location, size and character for playground or
other recreational purposes shall be shown on the subdivision plat.
[Added 11-14-2006 by L.L. No. 18-2006]
Westchester County Greenway Compact Plan. By
Local Law No. 18 of the Year 2006, the Village of Rye Brook has adopted
the Compact Plan, as amended from time to time, as a statement of
policies, principles, and guides to supplement other established land
use policies in the Village. In its discretionary actions under this
Subdivision Code, the approval authority should take into consideration
said statement of policies, principles and guides, as appropriate.
A.
No permit shall be issued for the erection of any
building within a proposed subdivision until said subdivision has
been duly approved by the approval authority and filed in the office
of the County Clerk, except that the Building Inspector may issue
a building permit for a building based upon the entire tract of land
where the requirements of the Zoning Law[1] and all applicable regulations are met.
B.
A building permit shall expire six months after its date of issuance if construction has not commenced in accordance with § 91-2B of the Village Code. The building permit shall become null and void upon its expiration, and the applicant shall be required to apply for a new building permit and comply with all regulations then in effect, including the payment of any new fees and expenses then due.
C.
A building permit shall expire 18 months after its date of issuance if all of the proposed work has not been completed or if a temporary certificate of occupancy or certificate of occupancy has not been issued, unless otherwise specified therein pursuant to § 91-2C of the Village Code.
D.
The Board of Trustees shall have the authority to extend the time periods set forth in §§ 91-2 and 219-5, in its sole discretion, for good cause shown, if the application for an extension is received by the Village Board prior to the expiration date of the building permit. Any application received by the Village after the expiration of the building permit shall be untimely and will not be considered by the Board of Trustees. For example, if an applicant seeks an extension of the time to commence construction, the application for an extension must be made within six months of the date of issuance of the building permit.
E.
As to any building permits issued prior to the effective
date of this section, the date of issuance for such building permit(s)
shall be deemed to be the effective date of this section. In accordance
with such, all building permits issued prior to the effective date
of this section, for which construction has not been commenced, shall
expire six months after the effective date of this section. If construction
has commenced within six months, then said building permits shall
expire 18 months from the date this section became effective.
A.
Where the approval authority finds that, because of
the special circumstances of a particular case, extraordinary hardship
may result from strict compliance with these regulations, it may modify
the regulations so that substantial justice may be done and the public
interest secured, provided that any such modification shall be consistent
with the spirit and intent of these regulations, all Village laws
and the Official Map, if any.
B.
Pursuant to the provisions of § 7-738 of
the Village Law and for purposes of enabling and encouraging flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economical
provisions of streets and utilities and to preserve the natural and
scenic qualities of open lands, the approval authority is hereby authorized
to approve or require the modification of applicable provisions of
this chapter as well as the provisions of the Village Zoning Law[1] subject to the conditions hereinafter set forth and any
such other reasonable conditions as the approval authority may, in
its discretion, add thereto.
(1)
This procedure may be followed at the discretion of
the approval authority if, in said Board's judgment, its application
would benefit the Village. The authority for cluster development shall
be determined and granted by the approval authority on a subdivision
by subdivision basis.
(2)
This procedure may be applied in all single-family
residential zones to properties equal to or greater than three times
the minimum lot size of the particular district within which the land
is located.
(3)
This procedure shall be applicable only to lands zoned
for single-family residential purposes, and its application shall
result in a permitted number of dwelling units or building plots which
shall in no case exceed the number which could be permitted, in the
judgment of the approval authority, if the land were subdivided into
lots conforming to the minimum lot size and density requirements of
the zoning applicable to the district or districts in which said land
is situated and conforming to all other applicable requirements. Where
the plat falls within two or more districts with differing density
requirements, the approval authority may approve, in any one such
district, a cluster development representing the cumulative density
as derived from the summing of all units allowed in all such districts.
(4)
The dwelling units permitted may be, at the discretion
of the approval authority and subject to the conditions set forth
by the approval authority, in detached, semidetached or attached or
multistory structures.
(5)
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
the approval authority, as a condition of plat approval, may establish
such conditions on the ownership, use and maintenance of such lands
as it deems necessary to assure the preservation of such lands for
their intended purposes. Such conditions shall be approved by the
approval authority before the plat may be approved for filing.
(6)
The proposed site plan, including areas within which
structures maybe located, the height and spacing of buildings, open
spaces and their landscaping, off-street open and enclosed parking
spaces and streets, driveways and all other physical features as shown
on said plan or otherwise described, accompanied by a statement setting
forth the nature of such modifications, changes or supplementations
of existing zoning provisions as are not shown on said site plan,
shall be subject to review at the public hearing held pursuant to
the public hearings normally held in the process of subdivision approval.
(7)
On the filing of the plat in the office of the County
Clerk or Register, a copy shall be filed with the Village Clerk and
the Superintendent of Public Works/Village Engineer. The Village Clerk
shall make appropriate notations and references thereto in the Village
Zoning Law or Map.
[Amended 10-27-2020 by L.L. No. 9-2020]
(8)
In approving any such modification, the approval authority
shall attach such conditions as are, in its judgment, necessary to
secure substantially the objectives of the standard or requirement
so modified.
A.
Procedure. These regulations may be amended by the
Board of Trustees after public hearing, by the adoption of a local
law. The Planning Board may, after public hearing, recommend to the
Board of Trustees regulations relating to any subject matter over
which the Planning Board has jurisdiction and is the designated approval
authority under the Village Law or other statute or under any local
law of the Village.
B.
Applicability. Amendments adopted by the Board of
Trustees shall take effect on the date of filing of the local law
in the office of the Secretary of State or on such other date set
forth in the local law, and shall apply to any preliminary subdivision
which has not received conditional approval prior to such date and
to any conditionally approved subdivision for which a formal application
for final approval is not received within six months of the date of
the conditional approval.
In order that land may be subdivided in accordance
with the authority, jurisdiction and policy as set forth above, these
regulations and appendixes are hereby adopted.
