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.
A.
Generally. It is declared to be the policy of the
Village to consider land subdivisions 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 building
or development purposes without danger to health or peril from fire,
flood or other menace and without resulting in significant damage
to the ecology of the area in which it is located. Proper provision
shall be made for drainage, water, sewerage, electric, telephone,
gas and other needed improvements. The proposed streets shall compose
a convenient system conforming to the Official Map and shall be properly
related to the proposals shown on the Village Comprehensive Plan as
same may be amended. Streets shall be of such width, grade and location
as to accommodate the prospective traffic, to afford adequate light
and air and to facilitate fire and police protection. In proper cases
and when required by the Board of Trustees, a park or parks of suitable
location, size and character for playground or other recreational
purposes shall be shown on the subdivision plat.
B.
Plats straddling municipal boundaries.
(1)
Approval by the Board of Trustees shall be granted
only for that portion of the subdivision lying within the Village,
and such approval shall be contingent upon approval by the appropriate
municipal agency having jurisdiction over that portion lying within
the adjacent municipality.
(2)
Whenever access to a proposed subdivision can be had
only across land in another municipality, the subdivider shall furnish
proof, satisfactory to the Board of Trustees, that such access has
been legally established, and the Board of Trustees shall be notified
by the Building Inspector 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 street.
The Board of Trustees shall condition its approval of those parts
of a subdivision which have access only across land in another municipality
by providing that no building permits shall be issued on lots within
the Village until such access to them has been properly established.
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.
A.
Procedure. These regulations may be amended by the
Board of Trustees, after public hearing. 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 Board of
Trustees shall take effect on the date of such approval or at such
time as provided in the resolution of approval and shall apply to
any preliminary subdivision which has not received conditional approval
prior to such date and to any conditionally approved subdivision for
which a formal application for final approval is not received within
six months of the date of conditional approval.
In order that land may be subdivided in accordance
with the authority, jurisdiction and policy as set forth above, these
regulations are hereby adopted.
