By the authority of the resolution of the Village Board of the Village
of Saugerties, adopted on October 5, 1992, pursuant to the provisions of § 7-728
of the Village Law of the State of New York, the Planning Board of the Village
of Saugerties is authorized and empowered to approve plats showing lots, blocks
or sites, with or without streets or highways; to approve the development
of entirely or partially undeveloped plats already filed in the office of
the Clerk of Ulster County; and to conditionally approve preliminary plats.
This chapter shall be known, and may be cited, as the "Land Subdivision
Regulations of the Village of Saugerties, New York."
A.
All ordinances, local laws, resolutions or parts thereof
inconsistent with the provisions of this chapter are hereby repealed to the
extent of such inconsistency, specifically including the Subdivision Regulations
adopted by the Village Board and most recently amended in November 1974.
B.
This chapter or any portion thereof may be amended, supplemented
or repealed at any time by the Village Board, on its own motion, or by petition,
or by recommendation of the Planning Board. All proposed amendments shall
be referred to the Planning Board for study and recommendation, and the Planning
Board, prior to taking action on any proposed amendment, shall hold a public
hearing thereon, which hearing has been duly advertised at least 10 days prior
to such public hearing in a newspaper of general circulation in the Village.
It is declared to be the policy of the Planning Board to consider land
subdivisions as part of a plan for the orderly, efficient and economical development
of the Village. This plan shall be interpreted to include the following objectives
which shall guide the Planning Board's decisions:
A.
Character of land. Land to be subdivided 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.
B.
Improvements. Proper provision shall be made for drainage,
water supply, sewerage and other needed improvements.
C.
Natural resources. The natural terrain, vegetation, and
soil shall be conserved wherever possible.
D.
Design compatibility. All proposed lots shall be so laid
out, and of such size, as to be in harmony with the development pattern of
the neighboring properties.
E.
Street layout. The proposed streets shall compose a convenient
system conforming to the Official Map, if such exists, and shall be properly
related to the proposals shown on the Village Development Plan, if such exists.
F.
Street design. Streets shall be of such width, grade
and location as to accommodate prospective traffic, to facilitate fire protection
and to provide access of fire-fighting equipment to buildings.
G.
Recreation. Proper provision shall be made for open space
for parks and playgrounds.
Should any of this chapter conflict or be inconsistent with any provision
of the New York State Village Law, such provision of the Village Law shall
apply.
A.
General. Where the Planning Board finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter, and/or that the purposes of this chapter may be served to a greater extent by an alternative proposal, it may approve waivers to these subdivision regulations having to do with the required improvements set forth in Articles III, IV and V, so that substantial justice may be done and the public interest secured, provided that such waiver shall not have the effect of nullifying the intent and purpose of this chapter, and further provided that the Planning Board shall not approve waivers unless it shall make findings based upon the evidence presented to it in each specific case that:
(1)
The granting of the waiver will not be detrimental to
the public safety, health or welfare, or injurious to other properties.
(2)
The conditions upon which the request for a waiver are
based are unique to the property for which the waiver is sought and are not
applicable generally to other properties.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of this chapter is carried out.
B.
Conditions. In approving waivers, the Planning Board
may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements of this chapter.
C.
Procedures.
(1)
A petition for any such waiver shall be submitted in
writing by the subdivider at the time a plat is first filed for consideration
by the Planning Board. The petition shall state fully the grounds for requesting
the waiver and all of the facts relied upon by the petitioner.
(2)
The Planning Board shall document, in writing, any and
all waivers to this chapter that are so granted.
No permit for the erection of any building or structure on any lot in
a proposed subdivision shall be issued unless the subdivision has been duly
approved and endorsed by the Planning Board, the plat has been duly filed
in the office of the County Clerk, and the street or highway giving access
to said lot has been suitably improved to the satisfaction of the Planning
Board, or a performance guarantee or letter of credit, as required by the
Planning Board, has been duly filed with the Village to cover the cost of
such improvement.
A.
Access. Whenever access to a subdivision is required
across land in the Town of Saugerties, the Planning Board shall request that
the applicant consult with the Town Highway Superintendent as to the feasibility
of the design in terms of construction and maintenance. The Planning Board
may also request assurance from the Village Attorney that access is legally
established and from the Village Engineer that the access road is adequately
improved, or that a performance guarantee has been duly executed and is sufficient
in amount to assure the construction of the access road.
B.
Layout of lots. ln general, lot lines should be laid
out so as not to cross Village boundary lines.
For a resubdivision, the same procedure, rules and regulations shall
apply as for a subdivision.
