A.
A resolution establishing rules, regulations and standards
governing the subdivision of land within the Village of Montgomery,
Orange County, New York, pursuant to the provisions of Article 6-A
of the Village Law of the State of New York and amendments thereto,[1] setting forth the procedure to be followed by the Planning
Board in applying and administering these rules, regulations and standards.
[1]
Editor's Note: For current provisions, see
§ 7-700 et seq. of the Village Law.
B.
This resolution shall be known as the "Land Subdivision
Regulations of the Village of Montgomery, New York."
The purpose of these regulations shall be to
provide rules, standards and procedure for the subdivision of land
in the Village of Montgomery, New York, in order to promote the public
health, safety, convenience and general welfare of the municipality.
It shall be administered to ensure the orderly growth and development,
the conservation, protection and proper use of land and adequate provisions
for circulation, utilities and services.
For the purpose of these regulations, certain
words herein are defined as follows:
The Planning Board of the Village.
The engineer or planning consultant employed or assigned
to the Board.
A parcel or portion of land separated from other parcels
or portions for purposes of sale, lease or separate use by means of
a description as indicated by a subdivision plat, a recorded map or
by metes and bounds.
A composite of the mapped and written proposals as provided
for in § 179-gg of the Village Law[1] recommending the physical development of the community
which shall have been duly adopted in part or whole by the Board.
The map established by the Village Board under § 179-e
of the Village Law[2] showing streets, highways and parks theretofore laid out,
adopted and established by law and any amendments thereto adopted
by the Village Board or additions thereto resulting from approval
of subdivision plats by the Planning Board and the subsequent filing
of such approved plats.
A security which may be accepted by the municipality in lieu
of a requirement that certain improvements be made before the Board
gives final approval to a subdivision plat. Such security shall be
sufficient to cover the full cost of all incomplete improvements in
the subdivision as estimated by the Board or agency designated by
the Board. Securities shall include such collateral or agreements
acceptable to the Village Board or a bond issued by a surety company,
to run for a term not to exceed three years; provided, however, that
the term may be extended by the Board with the consent of the parties
thereto.
The final drawing on which the subdivider's plan of subdivision
is presented to the Board for approval and which, if approved, may
be filed for record with the County Clerk.
The drawings of the entire tract which, in part or in entirety,
is proposed to be subdivided and submitted to the Board for its consideration
for approval.
A privately owned strip of land of less width than the lot
depth permitted by the applicable zoning regulations bounded on one
side by a proposed street and on the other by the boundary of a subdivision
containing said proposed streets.
A rough draft of the subdivision layout to enable the subdivider
to save time and expense in reaching a general agreement with the
Board as to the form of the layout and objectives of these regulations.
A way for vehicular traffic, whether designated as a street,
highway, parkway, thruway, road, avenue, boulevard, lane, place or
however else designated. The term "street" includes the land between
the street right-of-way lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, curbs, sidewalks, planted
strips, parking areas and other areas within such street lines.
Those streets which carry or are intended to carry fast or
heavy volumes of traffic.
Those streets which carry traffic from minor streets to the
major system of arterial streets and highways, including the principal
entrance streets of large residential developments.
Those streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties
and protection from through traffic.
Those streets which are used primarily for access to abutting
properties.
Any person, firm, association, syndicate, partnership, corporation,
fiduciary, trust or any other legal entity seeking a subdivision of
land hereunder as owner or as agent for the owner of land affected
by a subdivision.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for immediate or future sale
or for building development, including multiple residences for lease
or sale.
The subdivision of one lot into four lots or less, which
front on an existing improved street, do not involve any new street
or road or the extension of municipal facilities, do not adversely
affect the development of the remainder of the parcel or adjoining
property and do not conflict with any provision or portion of the
Master Plan, Official Map, Zoning Ordinance[3] or these regulations.
All lands contained within the Incorporated Village of Montgomery,
Orange County, State of New York.
The Board of Trustees of the Village.
The Zoning Ordinance of the Village.
