Full compliance with the provisions of Article 7 of the Village Law,
applicable provisions of the Public Health Law and with these subdivision
regulations concerning the preparation of a subdivided sketch plan, preliminary
plat, vicinity map and subdivision plat, except where variations of these
regulations may be expressly authorized by the Planning Board, is necessary
for the information of the Board and of the public at public hearings as provided
in this section. Due care in the preparation of the maps and other information
called for will expedite the process of obtaining the Board's decision concerning
the formal subdivision plat. When any subdivision of land is proposed to be
made and, to avoid violation of § 334 of the Real Property Law and
§ 136 of the Highway Law, before any contract for the sale of land
or any offer to sell such subdivision or any part thereof is made, or any
grading, clearing, construction or other improvement is undertaken therein,
the subdivider or his duly authorized agent shall apply in writing for approval
of such proposed subdivision in accordance with the following procedures.
Pursuant to resolution of the Village Board, the Planning Board is empowered
to modify applicable provisions of the Zoning Ordinance in accordance with
the provisions of § 7-738 of the Village Law and such other reasonable
conditions as the Municipal Legislature may in its discretion add thereto.
(Such authorization shall specify the lands to which this procedure may be
applicable.) The purposes of such authorization shall be to enable and encourage
flexibility of design and development of land in such a manner as to promote
the most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and scenic
qualities of open lands. The procedure and standards hereinabove referred
to are as follows:
A. Request of subdivider. A subdivider may request the use of § 7-738 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article
III, and it may be followed, at the discretion of the Planning Board, if in said Board's judgment its application would benefit the Village. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
(1) This procedure shall be applicable only to lands zoned
for residential purposes, and its application shall result in a permitted
number of dwelling units which shall in no case exceed the number which could
be permitted, in the Planning Board's judgment, if the land were subdivided
into lots conforming to the minimum lot size and density requirements of the
Zoning Law applicable to the district or districts in which such land is situated
and conforming to all other applicable requirements.
(2) The dwelling units permitted may be, at the discretion
of the Planning Board and subject to the conditions set forth by the Village
Board, in detached, semidetached, attached or multistory structures.
B. Sketch plat. A subdivider shall present, along with a
proposal in accordance with the provisions of § 7-738, a standard
sketch plat which is consistent with all the criteria established by these
subdivision regulations, including but not limited to streets being consistent
with the street specifications and lots being consistent with the Zoning Law.
C. Park, recreation, open space or other municipal purposes.
In the event that the application of this procedure results in a plat showing
lands available for park, recreation, open space or other Village purposes
directly related to the plat, then the Planning Board as a condition of plat
approval may establish such conditions on the ownership, use and maintenance
of such lands as it deems necessary to assure the preservation of such lands
for their intended purposes. The Village Board may require that such conditions
shall be approved by the Village Board before the plat may be approved for
filing.
D. Plat submission. Upon a determination that such sketch
plan is suitable for the procedures under § 7-738 and subsequent
to the resolution authorizing the Planning Board to proceed, a preliminary
plat meeting all the requirements of the resolution (the proposed site plan,
including areas within which structures may be located, the height and spacing
of buildings, open spaces and their landscaping, off-street open and enclosed
parking spaces and streets, driveways and all other physical features as shown
on said plan or otherwise described, accompanied by a statement setting forth
the nature of such modifications, changes or supplementations of existing
zoning provisions as are not shown on said site plan) shall be presented to
the Planning Board and thereafter the Planning Board shall proceed with the
required public hearings and all other requirements of the regulations.
E. Filing, notation on Zoning Map. Upon the filing in the
office of the County Clerk of a plat in which § 7-738 has been used,
the subdivider shall file a copy with the Village Clerk, who shall make appropriate
notations and reference thereto in the Village Zoning Ordinance Map. The Secretary
of the Planning Board will notify the Building Inspector when such a plat
is filed.