[Amended 2-15-1995 by L.L. No. 1-1995]
Within the statutory periods provided by law for action on an application for approval of a preliminary or final plat, the Planning Board shall adopt a resolution approving, approving with modification or disapproving the plat submitted for its consideration.[1]
[1]
Editor's Note: Former Secs. 72, 73 and 74, dealing with approval of maps, plats or plans, which immediately followed this section, were repealed 1-21-1981 by L.L. No. 1-1981.
[Added 1-21-1981 by L.L. No. 1-1981; amended 2-15-1995 by L.L. No. 1-1995]
In accordance with the provisions of the Village Law, the Planning Board is hereby authorized, when approving a subdivision plat containing residential units, to require, in a proper case, the reservation of land for park purposes. In no event shall the Planning Board require that more than 5% of the gross area of the subdivision be dedicated for park purposes. If the Planning Board finds that a park of adequate size cannot be located in the proposed subdivision, the Planning Board may then require payment to the Village of a sum of money for park, playground and/or recreational purposes, in an amount to be determined by the Board of Trustees.
In all cases where the application or the proposed plat fails to follow the rules and regulations hereinbefore stated, a statement of the reasons for such deviation shall be submitted with the application, and proof of such reason shall be presented at the public hearing hereinafter provided.
In making its determination, the Planning Board shall take into consideration the prospective character of the proposed development, whether dense residence, open residence or business, and the Planning Board may grant exceptions from the rules and regulations hereinbefore stated in this chapter, where practical difficulties or unnecessary hardship are presented and where, in the Planning Board's judgment of the special circumstances of a particular plat or plats, strict enforcement of such rules and regulations is not requisite in the interests of the public health, safety and general welfare.
[Added 1-21-1981 by L.L. No. 1-1981]
For the purpose of implementing the provisions of this chapter and pursuant to the authority vested in it by Article 7 of the Village Law, the Planning Board may adopt rules and regulations to ensure proper review of applications submitted to the Board under this chapter and to ensure proper implementation of decisions made by the Board under this chapter.
The approval or disapproval of a map, plat or plan and any other action taken by the Planning Board and any terms or conditions imposed upon such approval or disapproval or action shall be entered in the minutes of the Board. The approval or disapproval shall be endorsed upon the face of each copy of the map, plat or plan submitted, and, where conditions are imposed, such conditions shall either be endorsed upon the face of such Master Plan or other reference placed upon the face thereof indicating the existence of such conditions and the place where such conditions may be found.
No permit shall hereafter be issued for any building in the bed of any street or highway shown or laid out on the Master Plan of the Village of Kings Point; provided, however, that if the land within such mapped street or highway is not yielding a fair return on its value to the owner, the Planning Board shall have the power, by a vote of a majority of its members, to grant a permit for a building or structure or part thereof in any such mapped street or highway location which will, as little as practicable, increase the cost of opening such street or highway or tend to cause the least change of such street or highway or tend to cause the least change of such Master Plan, and the Planning Board may impose reasonable requirements which shall inure to the benefit of the Village. Before taking any action authorized by this section, the Planning Board shall hold a public hearing at which parties in interest and others shall have an opportunity to be heard.
A. 
Upon the filing of any application for the approval of any map, plat or plan, the Village Clerk shall arrange for a time and place at which the Planning Board will meet to consider the application and shall cause notice of such public hearing to be published in accordance with law. He shall also cause notice of such application to be served either personally or by mail upon the owners or occupants of all property which the Chairman of the Planning Board shall, in his judgment, deem affected by the application. The Planning Board may, in its discretion, require the giving of additional notice and for such purpose may adjourn the public hearing.
B. 
At the public hearing, citizens and parties in interest will have an opportunity to be heard, and the names and addresses of all persons recorded in connection with such application, together with the substance of their views, may be entered in the minutes of the Board.