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.
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.
[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.
