By authority of the resolution adopted by the Village Board of Trustees pursuant to the provisions of Article VI-A of the Village Law,[1] the Planning Board is authorized and empowered to approve plats for subdivisions showing lots, blocks or sites with or without streets or highways, and to review and approve or disapprove the development of plats entirely or partially undeveloped which have been filed in the office of the Clerk of Dutchess County.
[1]
Editor's Note: For current statutory provisions on subdivision plat approval, see Art. 7 of the Village Law.
It is declared to be the policy of the village to consider land subdivision 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 development purposes without danger to health or peril from fire, flood or other menaces. Proper provisions shall be made for drainage, water supply, sewerage and other needed improvements. All proposed lots shall be so laid out and of such size as to meet zoning requirements of the Zoning Ordinance[1] and to be in harmony with the development pattern of the neighboring properties. The proposed streets shall compose a convenient system conforming to the Official Map, as and when adopted, and shall be properly related to the proposals shown on the Village Development Plan as adopted by the Planning Board, and shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air and to facilitate fire protection and provide access of fire-fighting equipment to buildings. Proper provision shall be made for park areas of suitable location, size and character for playground or other recreational purposes. In order that land may be subdivided in accordance with the authority, jurisdiction and policy as set forth above, these regulations are hereby adopted.
[1]
Editor's Note: See Ch. 171, Zoning.
If a parcel of land is to be subdivided, the owner is required to submit the proposed plat of the parcel to the Planning Board for its approval and then file the approved plat with the County Clerk. The location, design and improvement of new streets, if any, must also be approved by the Planning Board, and therefore the construction of new streets shall not be started until this approval has been obtained.
A. 
In general, lot lines should be laid out so as not to cross municipal boundary lines. Where this is necessary, in the opinion of the Planning Board, it shall require that the deed for any such lot shall provide that the portion in the other municipality may not be separated from the portion within the village nor occupied by any other use that would make the lot or use nonconforming if the lot were entirely within the village.
B. 
Whenever access to a proposed subdivision can be had only across land in another municipality, the subdivider shall submit evidence that such access has been legally established and that such access has been adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the adequate construction of the access road. However, the Planning Board may condition its approval of those parts of a subdivision which have access only across land in another municipality by providing that no building permit shall be issued on lots within the village until evidence, satisfactory to the Planning Board, is submitted than such access has been properly established and improved.
C. 
Approval by the Village Planning Board shall be granted only for that portion of the subdivision lying within the village, and such approval may be contingent upon the approval of the portion of the subdivision lying within the adjacent municipality by the Planning Board having jurisdiction.
A resubdivision, as defined herein, is subject to the same procedure, rules and regulations as apply to an original subdivision. Where such subdivision is entirely or partially undeveloped, the provisions of § 139-6 shall apply.
Where a subdivision plat filed in the office of the County Clerk is entirely or partially undeveloped, the Planning Board may require those portions which are entirely or partially undeveloped to be replatted and improved to the standard and requirement of these Subdivision Regulations.
No permit for the erection of any building on any lot in the proposed subdivision shall be issued unless the subdivision has been duly approved by the Planning Board, the plat has been duly filed with the County Clerk and the street or highway giving access to said lot shall have been suitably improved to the satisfaction of the Planning Board or a performance bond, as required by the Planning Board, has been duly filed with the village.
Simultaneously with the approval of a plat, the Planning Board is authorized to modify applicable provisions of the Zoning Ordinance[1] in accordance with the provisions of § 7-738 of the Village Law.
[1]
Editor's Note: See Ch. 171, Zoning.
[Amended 11-13-1995 by L.L. No. 4-1995]
A. 
Procedure. The Planning Board may recommend the amendment of these regulations to the Village Board of Trustees. The Village Board may amend these regulations by local law in accordance with the provisions of § 7-718 of the Village Law. Notice of the time, place and purpose of such hearing shall be given by publication in the official village newspaper at least five days prior to the date on which it is to be held. A copy of the proposed amendment shall be placed on file in the office of the Village Clerk, where it shall be available for public inspection during normal working hours for at least five days before such hearing.
B. 
Applicability. Amendments adopted by the Village Board of Trustees shall take effect on the date of the filing of the local law with the New York State Department of State and shall apply to any preliminary subdivision which has not received approval or approval with modification prior to such date and to any preliminary subdivision approved with or without modification for which a formal application for final approval is not received within six months of the date of such approval.