The sole officer authorized to sign approved subdivision plats
is the Chair of the Planning Board or, in his or her absence, the
Vice Chair. The Clerk of the Planning Board is authorized, however,
to carry out any ministerial acts on behalf of the Planning Board
or its Chair that are required by this chapter.
No changes, erasures, modifications or revisions shall be made
on the subdivision plat after approval has been given by the Planning
Board and endorsed, in writing, on the plat by the Chair unless said
plat is first resubmitted to the Planning Board and such Board approves,
in writing, any such modifications. In the event that any subdivision
plat is recorded in the office of the Dutchess County Clerk without
complying with these requirements, the same shall be considered null
and void, and the Planning Board shall institute an appropriate proceeding
to have the plat stricken from the records of the office of the Dutchess
County Clerk.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements established by
the Planning Board of the Town of Red Hook for the subdivision of
land and the provision of required improvements within the Town. Should
the requirements of this chapter conflict with or otherwise be inconsistent
with any provision or requirement of any other lawfully adopted rules,
regulations, ordinances or laws, whether of the Town of Red Hook,
the County of Dutchess, the State of New York or the United States
of America, the more stringent provisions or those imposing the higher
standards shall govern.
By Local Law No. 1 of the Year 2000, the Town of Red Hook has adopted Greenway Connections:
Greenway Compact Program and Guides for Dutchess County Communities,
as amended from time to time, as a statement of land use policies,
principles and guides, to the extent applicable to the Town of Red
Hook. In its discretionary actions under this chapter, the reviewing
agency should be guided by said statement of policies, principles
and guides where and whenever appropriate.
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 any such public 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 is shall be available for public inspection during normal business
hours for a period of at least five days before such hearing. Amendments
adopted by the Planning Board shall take effect on the date of Town
Board approval or at such other time as provided in the resolution
of approval and shall apply to any application for subdivision plat
approval which has not yet received final plat approval or final plat
approval with conditions prior to such date and to any preliminary
subdivision plat approval, with or without modification, for which
a formal application for final plat approval is not received within
six months of the date of such preliminary plat approval.
Should any section or provision of this chapter contained herein
or as amended or the application thereof to any person or circumstance
hereinafter be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of this chapter
as a whole or any part thereof other than the part so declared to
be invalid. The Planning Board hereby declares that it would have
enacted this chapter or the remainder thereof and the Town Board declares
that it would have approved the same even if the invalidity of such
section or provision or its application had been apparent.