By authority of the resolutions adopted by the
Village Board pursuant to the provisions of § 7-728, Subdivision
2, of the Village Law of the State of New York, and pursuant to the
powers and jurisdiction vested through the Municipal Home Rule Law,
Statute of Local Governments, Zoning Chapter and other applicable
laws and regulations of the State of New York and of the Village of
Montebello, the Planning Board does hereby exercise the power and
authority to review and approve, modify and approve, or disapprove
plats for subdivisions within the Village of Montebello which show
lots, blocks or sites, either with or without new streets or highways.
By the same authority, the Planning Board does hereby exercise the
power and authority to pass and approve the development of plats already
filed in the office of the Clerk of Rockland County if such plats
are entirely or partially undeveloped. The plat shall be considered
to be entirely or partially undeveloped if (a) said plat has been
recorded with the Rockland County Clerk's office without or prior
to approval by the Planning Board of the Town of Ramapo or (b) said
plat has been approved by the Planning Boards of the Town of Ramapo
or Village of Montebello where the approval has been granted more
than three years prior to any application for building permit on the
partially or entirely undeveloped land and the zoning district or
the bulk or use regulations for the subdivision have been changed
subsequent to the original final subdivision approval. Preliminary
and final plats shall be referred to the Rockland County Department
of Planning in accordance with § 239-n of the General Municipal
Law.
No land shall be subdivided within the Village
of Montebello until the subdivider or his agent has complied with
these regulations and other applicable laws of the Village of Montebello
and until the approved plat is filed with the Rockland County Clerk.
No building permit or certificate of occupancy shall be issued for
any parcel or plot of land which was created by subdivision after
the effective date of, and not in conformity with, the provisions
of these subdivision regulations, and no excavation of land or construction
of any public or private improvements shall take place or be commenced
except in conformity with these regulations.
It is hereby declared to be the policy of the
Village of Montebello to consider the subdivision of land and the
subsequent development of the subdivided plat as a separate business
and occupation and subject to the control by the Village of Montebello
pursuant to the objectives of the Village for the orderly, planned,
efficient, physical and economical development of the Village. Land
to be subdivided shall be of such character that it can be used safely
for building purposes without danger to health, or peril from fire,
flood or other menace, and land shall not be subdivided until available
municipal services, facilities and improvements exist and proper provision
has been made for drainage, water, sewerage and capital improvements
such as schools, transportation, parks and other needed improvements.
The existing and proposed public improvements shall conform to the
Official Map, if such exists, and shall be properly related to the
proposals shown on the Village Master Plan and capital program, if
such exist. It is hereby declared to be the purpose of these regulations
to:
A.
Promote orderly development by maintaining the present
character and stability of lands in the Village consistent with the
development process.
B.
Encourage the location and design of streets and roadways
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which will result in congestion.
C.
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
D.
Promote the conservation of open space and valuable
natural resources and to prevent degradation of the environment through
improper use of land.
E.
Encourage coordination of various public and private
procedures and activities shaping land development with a view toward
the more effective use of land.
F.
Require that construction of facilities yield no net
incremental discharge of stormwater from a site after development
than occurred prior to development where existing downstream conveyances
are inadequate. Where construction of such facilities is impractical,
a donation of funds may be accepted to be used to carry out drainage
improvements.
G.
Approve development when off-site impacts have been
eliminated or mitigated to the maximum extent possible, whether by
providing off-site improvements or making a contribution toward the
undertaking of these off-site improvements by public agencies.
H.
Provide the legal authority to the Planning Board
to disapprove plats if the requirements of these regulations and the
policies and purposes of these regulations cannot, in the judgement
of the Planning Board, be met.
In order that land may be subdivided in accordance
with this policy these regulations are hereby recommended for adoption
by the Village Board of Trustees.
Whenever access to the subdivision is required
across land in another municipality, the Planning Board may request
assurance from the Village Attorney that access is legally established
and from the Village Engineer that the access road is adequately improved,
or that adequate security has been provided and is sufficient in amount
to assure the construction of the access road. In general, lot lines
should be laid out so as not to cross municipal boundary lines. Where
access is required across land in another municipality, any necessary
approvals from that municipality shall be obtained prior to, or as
a condition of, final approval by the Montebello Planning Board.
For a resubdivision, the same procedure, rules
and regulations shall apply as for a subdivision.
The subdivision of land is a privilege conferred
upon the developer by the Village Law of the State of New York and
through these subdivision regulations. It is the developer who is
seeking to acquire the advantages of lot subdivision and upon the
developer rests the duty of compliance with reasonable conditions
laid down by the Village Planning Board for design, dedication, improvement
and restrictive use of the land so as to conform to the physical and
economical development of the Village and to the safety and general
welfare of the future lot owners in the subdivision and of the community
at large.
Any and all final plat approvals granted by
the Planning Board shall be deemed to be conditioned upon conformance
with the requirements of these regulations, unless it is specifically
set forth otherwise in the resolution granting such approval or unless
set forth otherwise in these regulations.
The Planning Board may, after a public hearing,
recommend to the Village Board of Trustees regulations relating to
any subject matter over which the Planning Board has jurisdiction
under this article or any other statute, or under any local law of
the Village. Adoption of any such recommendations by the Village Board
of Trustees shall be by local law.
