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.