Pursuant to the provisions of § 7-728 of the Village
Law, the Board of Trustees has, by resolution, authorized the Planning
Board to review and approve or disapprove subdivision plats showing
lots, blocks or sites, with or without roads, within the area of the
Village.
Land within the Village of Wesley Hills may be subdivided into
lots, blocks or sites, with or without streets or highways, only if
approved by the Planning Board in accordance with the procedures and
requirements as set forth in this chapter and only if the approved
plat is duly filed in the office of the County Clerk of Rockland,
New York. Construction, excavation, filling, regrading, clearing of
vegetation, or other similar activities related to a proposed subdivision
shall not be begun within any area proposed or intended for subdivision
until said subdivision shall have been approved by the Planning Board.
A resubdivision, as defined herein, is subject to the same procedure,
rules and regulations applicable to a subdivision.
It is declared to be the policy of the Village to consider land
subdivisions as part of a plan for the orderly, efficient and economical
development of the Village. Land to be subdivided shall be of such
character that it can be used safely for building or development purposes
without danger to health or peril from fire, flood or other menace,
and without resulting in significant damage to the ecology of the
area in which it is located. Proper provision shall be made for drainage,
water, sewerage, electricity, telephone, gas, and other needed improvements.
The proposed streets shall compose a convenient and safe system and
shall be properly related to potential streets on adjoining properties.
Streets shall be of such width, grade and location as to accommodate
the prospective traffic, to afford adequate light and air, and to
facilitate fire and police protection. In proper cases, and when required
by the Planning Board, a park or parks of suitable location, size,
and character for playground or other recreational purposes shall
be shown on the subdivision plat.
No permit shall be issued for the erection of any building within
a proposed subdivision until said subdivision has been duly approved
by the Planning Board and filed in the office of the County Clerk.
Where the Planning Board finds that, because of the special
circumstances of a particular case, extraordinary hardship may result
from strict compliance with this chapter, it may modify the regulations
so that substantial justice may be done and the public interest secured;
provided, however, that any such modification will be consistent with
the spirit and intent of this chapter and all Village laws. In permitting
any such modification, the Planning Board shall attach such conditions
as are, in its judgment, necessary to secure substantially the objectives
of the standard or requirement so modified.
A.
Procedure. This chapter may be amended by the Planning Board, after
public hearing and subject to the approval of the Board of Trustees.
Notice of the time, place and purpose of such hearing shall be given
by publication in the official Village newspaper at least five days
prior to the date on which it is to be held. A copy of the proposed
amendment shall be placed on file in the office of the Village Clerk,
where it shall be available for public inspection during normal working
hours for at least five days before such hearing.
B.
Applicability. Amendments adopted by the Planning Board shall take
effect on the date of Board of Trustees approval, or at such time
as provided in the resolution of approval, and shall apply to any
preliminary subdivision which has not received conditional approval
prior to such date, and to any conditionally approved subdivision
for which a formal application for final approval is not received
within six months of the date of conditional approval.
In order that land may be subdivided in accordance with the
authority, jurisdiction and policy as set forth above, this chapter
is hereby adopted.
