[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]
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.
Title, if vested in interests other than the
developer, shall be clearly indicated on all reservations for park
and playground purposes.
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.
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.
