Pursuant to the provisions of § 7-728
of the Village Law, the Village Board of Trustees has by resolution
authorized itself as the Planning Board of the Village of Elmsford
to review and approve or disapprove subdivision plats showing lots,
blocks or sites, with or without roads, within the area of the Village.
Land within the Village of Elmsford may be subdivided
into lots, blocks or sites, with or without streets or highways, only
if approved by the Board of Trustees in accordance with the procedures
and requirements as set forth in these regulations and only if the
approved plat is duly filed in the office of the County Clerk of Westchester
County, New York. Construction, excavation, filling, regrading, clearing
of vegetation or other similar activities related to a proposed subdivision
shall not begin within any area proposed or intended for subdivision
until said subdivision shall have been approved by the Board of Trustees
and a permit for such work has been obtained from the Building Inspector.
A resubdivision, as defined herein, is subject
to the same procedure, rules and regulations applicable to a subdivision.
No permit shall be issued for the erection of
any building within a proposed subdivision until said subdivision
has been duly approved by the Board of Trustees and filed in the office
of the County Clerk, except that the Building Inspector may issue
a building permit for a single building based upon the entire tract
of land where there is no other existing building within the proposed
subdivision and where the proposed building is in accordance with
an approved preliminary plat.
Where the Board of Trustees finds that, because
of the special circumstances of a particular case, extraordinary hardship
may result from strict compliance with these regulations, it may modify
the regulations so that substantial justice may be done and the public
interest secured; provided, however, that any such modification will
be consistent with the spirit and intent of these regulations, all
Village laws, the Village Comprehensive Plan, as same may be amended,
and the Official Map. In permitting any such modification, the Board
of Trustees shall attach such conditions as are, in its judgment,
necessary to secure substantially the objectives of the standard or
requirement so modified.
In order that land may be subdivided in accordance
with the authority, jurisdiction and policy as set forth above, these
regulations are hereby adopted.