By authority of the resolution of the Town Board,
pursuant to the provisions of Article 16 of the Town Law, the Planning
Board has the power and authority to review and approve or disapprove
plats showing lots, blocks or sites, with or without streets or highways,
within the Town of Wappinger.
Land within the Town of Wappinger may be subdivided
into lots, blocks or sites only if approved by the Planning Board
in accordance with the procedures and requirements as set forth in
these regulations and only if the approved plat is duly filed in the
office of the County Clerk of Dutchess County, New York. Construction,
excavation, filling, regrading, clearing of vegetation or other similar
activities related to a proposed subdivision shall not begin in any
area proposed or intended for subdivision until said subdivision shall
have final approval. Temporary clearing may be required in order to
perform necessary tasks (i.e., sewerage system test pits, rough swath
of proposed roads, etc.). However, it is the intent that no unnecessary
clearing be undertaken.
A resubdivision, as defined herein, is subject
to the same procedures, rules and regulations applicable to an original
subdivision.
It is declared to be the policy of the Town
to consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the Town. 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, electric, telephone, gas and other
needed improvements. The proposed streets shall compose a convenient
system conforming to the Official Map and shall be properly related
to the proposals shown on the Town Development Plan. 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 and the minimization of maintenance costs. 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. And further, that
consideration of solar access be given during the design of the subdivision
such that street and lot layout take maximum advantage of orientation
in order to maximize the potential for passive solar construction.
[Added 2-11-2002 by L.L. No. 1-2002]
The Town Board hereby finds that any Town reviewing
Board, including but not limited to the Planning Board and the Zoning
Board of Appeals, in its deliberations on any discretionary actions
under the Subdivision of Land Code, shall consider the statement of
policies, principles and guidelines in Greenway Connections as such
reviewing Board deems appropriate and relevant in its deliberations
on such discretionary actions.[1]
No building permit shall be issued for the erection
of any building on land that has been subdivided 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 these regulations, it may modify
the regulations so that substantial justice may be done and the public
interest secured; provided, however, that such modification will be
consistent with the spirit and intent of these regulations, all Town
ordinances, the Town Development Plan and the Official Map. 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. These regulations may be amended by the
Planning Board, after public hearing and subject to the approval of
the Town Board. Notice of the time, place and purpose of such hearing
shall be given by publication in the official Town 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 Town
Clerk, where it shall be available for public inspection during normal
working hours for a period of at least five days before such hearing.
B.
Applicability. Amendments adopted by the Planning
Board shall take effect on the date of Town Board approval or at such
time as provided in the resolution of approval and shall apply to
any preliminary subdivision which has not received approval or approval
with modification prior to such date and to any preliminary subdivision
approval, with or without modification, for which a formal application
for final approval is not received within six months of the date of
such approval.
C.
Greenway Connections. Whenever the Planning Board, subject to the approval of the Town Board, undertakes an amendment to the Subdivision of Land Code, it shall consider the statement of land use policies, principles and guidelines contained in the Greenway Connections as set forth in § 217-4.1.
[Added 2-11-2002 by L.L. No. 1-2002]
In order that land may be subdivided in accordance
with the authority, jurisdiction and policy as set forth above, these
regulations are hereby adopted.