[Amended 6-3-2013 by L.L. No. 1-2013; 9-18-2019 by L.L. No. 2-2019]
A. Considerations. In considering applications for subdivision of land
and/or development, the Board shall be guided by the standards set
forth herein. Said standards shall be deemed to be minimum requirements
for the convenience, health, safety and welfare of the village
B. Character of land. 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.
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 Village Comprehensive Plan and Official Map. Subdivisions
and/or developments shall conform to the Official Map and shall be
properly related to the proposals shown on the Village Comprehensive
Plan. The plat shall include all streets, shown on the said Plan and
Map, which are within the site and such other streets as the Board
may require.
D. Frontage on improved street. The area proposed to be subdivided and/or
developed shall have frontage on and direct access to a street duly
placed on the Official Map and, if such street is private, it shall
be improved to the satisfaction of the Board or there shall be a bond
held by the village covering such improvement.
E. Preservation of natural cover. 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 the 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.
F. Preservation of natural buffer. In granting approval of any application for a subdivision other than a partitioning as defined in §
158-8 (Word usage and definitions) of this chapter, the subdivider shall set aside and reserve a perimeter buffer of 50 feet which shall remain undisturbed, except as may be required for access, utilities, or such augmentation of the existing flora or other existing natural features as the Planning Board may require or permit in accordance with the planning objectives set forth in the Village Comprehensive Master Plan, as amended from time to time. The perimeter buffer shall be contained within one or more lots and shall be included in the bulk and area calculation(s) when determining minimum lot size and all required setbacks shall be measured from the outer boundary of such perimeter buffer. Further, if a perimeter buffer traverses a lot designated for a park, playground or other recreational purpose, as defined in §
127-2 of the Village Code, the gross area of such buffer shall be credited towards the minimum required area for such park, playground or recreational lot. The metes and bounds of such perimeter buffer shall be memorialized in covenants and restrictions recorded in the office of the County Clerk as a condition of subdivision approval.
G. 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 make reasonable modifications in standards for layout of streets to accomplish such purposes as well as the objectives noted in Subsection
E. For purposes of computing the number of lots that a subdivision will yield, the following features shall be excluded: all "slope lands" as defined by Chapter
190 (Zoning), Article
I (Purpose, Title and Definitions), §
190-2 (Word usage and definitions) of the Code of the Village of Muttontown; and all "freshwater wetlands" and "adjacent areas" as defined by Chapter
74 (Freshwater Wetlands), §
74-2 (Definitions) of the Code of the Village of Muttontown.