[Amended 11-13-1995 by L.L. No. 4-1995]
A. 
Land shall be reserved for park and playground purposes in locations designated on the Village Development Plan or Official Map or otherwise where the Planning Board shall deem such reservation to be appropriate, upon a finding by the Planning Board that the present and anticipated future needs for park and recreational facilities in the village based on projected population growth to which the particular subdivision will contribute presents a proper case for such reservation. The area shall be shown and marked on the plat as "Reserved for Park or Playground Purposes."
B. 
Where a proposed park, playground, school or other public use is shown on the Development Plan in a location which is entirely or partially within a subdivision or development, the Planning Board shall require the reservation of such area within the subdivision. In cases where the Development Plan does not show a recreation area within a proposed subdivision and the Planning Board deems that a recreation area would be desirable and appropriate, the Planning Board may require the reservation of designated sites for park, playground or other recreation purposes. Such sites shall be of suitable size, dimension, topography, location and general character for park and/or playground purposes and shall have adequate street access for the purpose.
C. 
The Planning Board may require that up to 10% of the gross area of the subdivision be reserved for recreation purposes. In calculating such percentage, the Board may give due credit for open areas reserved by covenants in all deeds for the common use of all property owners in the proposed subdivision. Land in a subdivision dedicated or reserved for recreation purposes generally shall have an area of at least two acres. When a proposed subdivision is too small to require such an area, or for other reason, the Planning Board may require that the recreation area be located on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.
D. 
Where the Planning Board deems, with respect to a particular subdivision, that the proposed subdivision presents a proper case for requiring park or playgrounds and that a reservation of land would be inadequate in size for park or playground use, either alone or in conjunction with abutting reservations on an adjoining subdivision, or otherwise is not practical for such use, the Planning Board may waive the requirement for such reservation, with the condition that the applicant deposit with the Village Clerk a cash payment in lieu of land reservation. Such payment shall be placed in a trust fund to be used for the purchase and development of sites for parks and playgrounds in the village, and the amount of such payment shall be that as established for such cases by the Village Board of Trustees (§ 7-730 of the Village Law).
Where the subdivision borders an existing street and additional land is required for realignment or widening of such street as indicated by the Official Map or Village Development Plan or otherwise determined by the Planning Board to be necessary, such additional land shall either be included as a part of such street as indicated on such plat or be marked on the plat "Reserved for Street Realignment (or Widening) Purposes." Land reserved for such purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 171, Zoning.
Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements of appropriate width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street. Easements shall be indicated on the plat.
The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 20 feet in width. Easements shall be indicated on the plat.
Where determined appropriate by the Planning Board, said Board may permit an embankment alongside a proposed street to extend beyond the normal right-of-way of such street, provided that a slope easement is granted, conveying to the holder of fee title of the street the right to enter the premises for the purpose of maintaining such slope. Where the embankment slope is located on private land outside the subdivision, such easement shall be permitted only where the appropriate rights have been secured in a form satisfactory to the Village Attorney and suitable for recording in the office of the County Clerk.
Sight easements shall be provided across all street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points, each 75 feet back from the theoretical intersection of the edges of such pavement prolonged. The easements shall provide that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of clearing, pruning or regarding so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider.
The owner may place restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance. Such restrictions shall be indicated on the final subdivision plat.
If a proposed subdivision includes land that is zoned for business purposes and if such land is not restricted against business use by the imposition of deed restrictions by the owner, the layout of the subdivision with respect to such land shall make such provisions as the Planning Board may require for safe and convenient access to such automobile parking and loading and unloading spaces as may be required by the Zoning Ordinance,[1] or otherwise safe and convenient service access to such land.
[1]
Editor's Note: See Ch. 171, Zoning.
A. 
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict adherence to these regulations, it may adjust the regulations to the extent permitted by law so that substantial justice may be done and the public interest secured, provided that any such adjustment will not have the effect of nullifying the intent and purpose of these regulations, the Village Development Plan or Official Map.
B. 
In granting any adjustments or waivers under this section, the Board may attach such conditions and require such guaranties as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements of the regulations which are involved.