The basic function of the Planning Board is
to assist in the proper development of the Village by supervision
of the subdivision and development of available land within the Village
while preserving the character of the Village within the intent of
the Village Code.
A.
In considering applications for a subdivision of land
and/or for the development thereof, the Board shall be guided by the
standards set forth herein. Said standards shall be deemed to be generally
the minimum requirements for the convenience, health, safety and welfare
of the Village.
B.
Where a zoning ordinance or local law has been adopted
by the Village, the lots shown on a proposed subdivision shall comply
with all the requirements thereof.
B.
In accordance with § 7-730, Subdivision
6, and § 7-712-b of the Village Law, where a proposed subdivision
contains one or more lots which do not comply with the zoning local
law regulations,[1] the subdivider may apply to the Zoning Board of Appeals
for an area variance without the necessity of a decision or determination
of an administrative official charged with the enforcement of zoning
regulations. In reviewing such application the Zoning Board of Appeals
shall request the Planning Board to provide a written recommendation
concerning the proposed variance.
A.
Land to be subdivided and/or developed 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, shall have a soil-bearing capacity suitable for its intended use and, if no public sewage disposal system is available, shall be suitable for the installation of a private sewage disposal system of sufficient capacity for the intended use. No part of a lot which does not meet the requirements of the conditions described shall be included within the minimum area of a lot required by the Village Code. Land which is of such character that residence thereon may be hazardous to health or which is subject to hazard from fire, flood or other menace shall not be subdivided or developed for any residential purposes or for any other uses that may increase danger to health, life or property or which may aggravate a flood hazard, but land having such characteristics may be set aside within a subdivision for such uses, permitted by the Village Code, as shall neither involve such danger nor produce unsatisfactory living conditions. (Note: See also Chapter 121 of the Village Code.)
B.
The Board may require the bulkheading of land appearing
as a lot on a preliminary layout and bounded on any portion by a body
of water if, in the opinion of the Board, any portion of such lot
is, by reason thereof, subject to erosion or other hazard.
C.
A lot or portion of a lot located below an elevation
five feet vertically above the current mean high-water mark of the
nearest body of salt water shall be deemed to be subject to flooding.
Subdivisions and/or developments thereon shall
conform to the Official Map and shall be properly related to the proposals
shown on the Comprehensive Plan. The plat shall include all planned
streets which are shown on said plan and map as being within the site
and such other streets as the Board may require, such additional proposed
streets, upon approval of such plat, being deemed to have been added
to the Official Map.
The lot proposed to be subdivided and/or developed
shall have frontage on and direct access to a street duly placed on
the Official Map, and such street, if not already improved to the
satisfaction of the Board, shall be so improved in accordance with
the provisions hereof.
Land to be subdivided and/or developed shall
be laid out and improved in reasonable conformity to existing topography
in order to minimize grading and cut and fill and to retain, insofar
as possible, the natural contours, limit storm water runoff and conserve
the natural cover and soil. No topsoil, sand or gravel shall be removed
from or placed upon any lots shown on any subdivision plat, except
for the purpose of improving such lots and for the laying out of streets
shown thereon. Topsoil, if removed, shall be restored to a depth of
six inches and properly seeded and fertilized on the areas of such
lots not occupied by buildings and structures. No excess topsoil moved
shall be disposed of outside the boundary of such subdivision, except
upon the approval of the Board of Trustees of the Village. No trees
shall be cut down or existing ground cover removed, except in accordance
with conditions imposed by the Planning Board upon final approval
of the subdivision plat.
Existing natural features that enhance the attractiveness of the site and which would add to the residential or other development or to the Village as a whole, such as trees, watercourses, ponds and similar irreplaceable assets, shall be preserved insofar as possible by the harmonious design of the subdivision. The Board may make reasonable modifications in standards for layout of streets to accomplish such purposes, as well as the purposes set out in the preceding section. (NOTE: See also § 95-86 of the Village Code.)
