[Amended 2-15-1995 by L.L. No. 1-1995]
Within the statutory periods provided by law
for action on an application for approval of a preliminary or final
plat, the Planning Board shall adopt a resolution approving, approving
with modification or disapproving the plat submitted for its consideration.[1]
[1]
Editor's Note: Former Secs. 72, 73 and 74,
dealing with approval of maps, plats or plans, which immediately followed
this section, were repealed 1-21-1981 by L.L. No. 1-1981.
[Added 1-21-1981 by L.L. No. 1-1981;
amended 2-15-1995 by L.L. No. 1-1995]
In accordance with the provisions of the Village
Law, the Planning Board is hereby authorized, when approving a subdivision
plat containing residential units, to require, in a proper case, the
reservation of land for park purposes. In no event shall the Planning
Board require that more than 5% of the gross area of the subdivision
be dedicated for park purposes. If the Planning Board finds that a
park of adequate size cannot be located in the proposed subdivision,
the Planning Board may then require payment to the Village of a sum
of money for park, playground and/or recreational purposes, in an
amount to be determined by the Board of Trustees.
In all cases where the application or the proposed
plat fails to follow the rules and regulations hereinbefore stated,
a statement of the reasons for such deviation shall be submitted with
the application, and proof of such reason shall be presented at the
public hearing hereinafter provided.
In making its determination, the Planning Board
shall take into consideration the prospective character of the proposed
development, whether dense residence, open residence or business,
and the Planning Board may grant exceptions from the rules and regulations
hereinbefore stated in this chapter, where practical difficulties
or unnecessary hardship are presented and where, in the Planning Board's
judgment of the special circumstances of a particular plat or plats,
strict enforcement of such rules and regulations is not requisite
in the interests of the public health, safety and general welfare.
[Added 1-21-1981 by L.L. No. 1-1981]
For the purpose of implementing the provisions
of this chapter and pursuant to the authority vested in it by Article
7 of the Village Law, the Planning Board may adopt rules and regulations
to ensure proper review of applications submitted to the Board under
this chapter and to ensure proper implementation of decisions made
by the Board under this chapter.
The approval or disapproval of a map, plat or
plan and any other action taken by the Planning Board and any terms
or conditions imposed upon such approval or disapproval or action
shall be entered in the minutes of the Board. The approval or disapproval
shall be endorsed upon the face of each copy of the map, plat or plan
submitted, and, where conditions are imposed, such conditions shall
either be endorsed upon the face of such Master Plan or other reference
placed upon the face thereof indicating the existence of such conditions
and the place where such conditions may be found.
No permit shall hereafter be issued for any
building in the bed of any street or highway shown or laid out on
the Master Plan of the Village of Kings Point; provided, however,
that if the land within such mapped street or highway is not yielding
a fair return on its value to the owner, the Planning Board shall
have the power, by a vote of a majority of its members, to grant a
permit for a building or structure or part thereof in any such mapped
street or highway location which will, as little as practicable, increase
the cost of opening such street or highway or tend to cause the least
change of such street or highway or tend to cause the least change
of such Master Plan, and the Planning Board may impose reasonable
requirements which shall inure to the benefit of the Village. Before
taking any action authorized by this section, the Planning Board shall
hold a public hearing at which parties in interest and others shall
have an opportunity to be heard.
A.
Upon the filing of any application for the approval
of any map, plat or plan, the Village Clerk shall arrange for a time
and place at which the Planning Board will meet to consider the application
and shall cause notice of such public hearing to be published in accordance
with law. He shall also cause notice of such application to be served
either personally or by mail upon the owners or occupants of all property
which the Chairman of the Planning Board shall, in his judgment, deem
affected by the application. The Planning Board may, in its discretion,
require the giving of additional notice and for such purpose may adjourn
the public hearing.
B.
At the public hearing, citizens and parties in interest
will have an opportunity to be heard, and the names and addresses
of all persons recorded in connection with such application, together
with the substance of their views, may be entered in the minutes of
the Board.
