Whenever any subdivision of land is proposed,
and before any contract for the sale or any offer with respect to
any part thereof, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his
duly authorized agent shall apply in writing for approval of such
proposed subdivision in accordance with the following procedures.
In those instances where the Planning Board
is empowered to modify applicable provisions of the Zoning Law, in accordance with the provisions of § 7-738
of the Village Law, for the purpose of enabling and encouraging flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land or to facilitate the adequate and economic
use of streets and utilities and to preserve the natural and scenic
qualities of open lands, the following shall be the procedure and
standards:
A. Request by subdivider. A subdivider may request the
use of § 7-728 simultaneously with or subsequent to presentation
of the preliminary plan as per the procedure described in this article.
Any submission subsequent to preliminary approval of a plat shall
require a reapplication for sketch plat review.
B. Park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat showing land
available for park, recreation, open space or other municipal purposes
directly related to the plat, then conditions as to ownership, use
and maintenance of such lands as are necessary to assure the preservation
of such lands for their intended purposes shall be set forth by the
Planning Board.
C. Plat submission. A preliminary plat, meeting all of
the requirements of the resolution, shall be presented to the Planning
Board, and thereafter the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations.
D. Filing; notation on Zoning Map. On the filing of a
plat in the office of the County Clerk of a plat in which § 7-728
has been used, the subdivider shall file a copy with the Village Clerk,
who shall make appropriate notations and reference thereto on the
Village Zoning Map. The Village Clerk shall notify the Building Inspector
when such a plat is filed.