By authority of the resolution adopted by the
Village Board, on the 13th day of July 1963, pursuant to the provisions
of Article 7, § 7-728, of the Village Law, the Village of
Millbrook Planning Board has the power and authority to approve preliminary
plats and final plats within the incorporated area of the Village
of Millbrook.
[Added 10-18-2005 by L.L. No. 2-2005]
All provisions of these subdivision regulations
shall, to the extent possible, be construed to fulfill the purposes
of and to be consistent with the statement of land use policies, principles,
and guides entitled Greenway Connections: Greenway Compact Program
and Guides for Dutchess County Communities, as amended from time to
time, and adopted by the Village of Millbrook. Any discretionary actions
under these subdivision regulations, by a reviewing agency shall be
guided by said statement of policies, principles and guides.
In order that land in the Village of Millbrook
may be subdivided in accordance with the authority, jurisdiction and
policy set forth herein, these regulations are hereby adopted and
shall be known and may be cited as the "Village of Millbrook Land
Subdivision Regulations."
Land may be subdivided into lots with or without
streets or highways 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 Clerk
of Dutchess County, New York. No construction, excavation, filling,
regrading, clearing of vegetation or other similar activities related
to a proposed subdivision shall be begun within any area proposed
or intended for subdivision except in conformity with these regulations.
It is declared to be the policy of the Village
of Millbrook Planning Board to consider land subdivision plats as
part of a plan for the orderly, efficient and economic development
of the Village. This shall be interpreted to include the following
objectives which shall guide the Planning Board's decisions:
A.
Land to be subdivided shall be of such character that
it can be used safely for building purposes without danger to health
or peril from fire, flood or other menace.
B.
Proper provision shall be made for drainage, water
supply, sewerage and other needed improvements.
C.
Streets shall be of such width, grade and location
as to accommodate prospective traffic, to afford adequate light and
air and to facilitate fire and police protection.
D.
Lots shall be laid out so as to be in harmony with
the development pattern of the neighboring properties.
E.
Where appropriate and when required by the Planning
Board, parks and open space of suitable location, size and character
for recreational purposes shall be shown on the plat.
F.
Areas of suitable location, size and character for
community purposes shall be shown on the plat, wherever appropriate.
For the purpose of these regulations, certain
numbers, abbreviations, terms and words used herein shall be used,
interpreted and defined as set forth in this section:
The owner of land proposed to be subdivided or his or her
representative. Consent shall be required from the legal owner of
the premises, if the applicant is not the owner.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways or boundary lines of municipalities.
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit, in an amount and form
satisfactory to the Village Board. All bonds shall be approved by
the Village Board wherever a bond is required by these regulations.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind, and
includes any structure.
A community sewer system, including collection and treatment
facilities established by the developer to serve a new subdivision
in an outlying area.
A private water company formed by a developer to serve a
new community development in an outlying area. It includes water treatment
and distribution facilities.
A comprehensive plan for development of the Village prepared
by the Planning Board, pursuant to § 7-722 of the Village
Law, which indicates the general locations recommended and the general
physical development of the Village, with special emphasis on the
downtown area, and includes any part of such plan separately adopted
and any amendment to such plan or parts thereof.
The approval of a final plat subject to conditions set forth
by the Planning Board in a resolution conditionally approving such
plat. Such conditional approval does not qualify a final plat for
recording nor authorize issuance of building permits prior to the
signing of the plat by a duly authorized officer of the Planning
Board and recording of the plat in the office of the County Clerk
or Registrar in accordance with provisions of these regulations.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his or her
property.
A deposit of cash with the Village in lieu of an amount required
and still in force on a performance bond. Such escrow funds shall
be deposited by the Zoning Enforcement Officer in a separate account.
The signing of a final plat by a duly authorized officer
of a Planning Board after a resolution granting final approval to
the plat or after conditions specified in a resolution granting conditional
approval of the plat are completed. Such final approval qualifies
the plat for recording in the office of the Dutchess County Clerk.
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as
the ordinary side of a corner lot.
A septic tank, seepage tile sewage disposal system or any
other approved sewage treatment device.
A parcel of land, not divided by streets, devoted or to be devoted to a particular use or occupied or to be occupied by a building and its accessory buildings, together with such open space as required under the provisions of Chapter 230, Zoning, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street forming an interior angle of
less than 135º. The point of intersection of the street lot lines
is the corner.
Any building, structure, place, work of art or other object
or improvement of the land on which they are situated constituting
a physical betterment of real property or any part of such betterment.
Certain lot improvements shall be properly bonded as provided in these
regulations.
A change in a lot boundary that may affect the size of two
adjacent lots, but will not result in a new lot.
Any subdivision of four or fewer finished lots fronting on
an existing street, not involving a new road or street or the extension
of municipal facilities.
A subdivision whose intended use is other than residential,
such as commercial or industrial. Such subdivision shall comply with
the applicable provisions of these regulations.
The date when a preliminary plat or a final plat shall be
considered submitted to the Planning Board, as provided in § 7-728
of Village Law, hereby defined to be the date of the meeting of the
Planning Board at which all required surveys, plans and data are submitted.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under these regulations.
Any existing street to which the parcel of land to be subdivided
abuts on only one side.
The Village of Millbrook Planning Board.
The final map or drawing showing a proposed subdivision of
land into lots, blocks or sites which contains all required information
and is presented to the Planning Board for approval and thereafter
is submitted to the Dutchess County Clerk for recording.
A drawing prepared in the manner set forth herein showing
the plat of a proposed subdivision, including but not restricted to
road and lot plat with approximate dimensions, key plan, topography
and drainage and all proposed facilities, including preliminary plans
and profiles at suitable scale and in such detail as specified in
these regulations.
The approval of the plat of a proposed subdivision as set
forth in a preliminary plat, but subject to approval of the plat in
final form in accordance with the provisions of these regulations.
A change in a subdivision plat or resubdivision plat filed
in the office of the Dutchess County Clerk, which change:
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees
or for another special use. The usage of the term "right-of-way" for
land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included
within the dimensions or areas of such lots or parcels. Rights-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains, shade trees or any other use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on
which such right-of-way is established.
A street which is parallel to and adjacent to another street,
also called a "frontage road," "service road" or "feeder street."
A street which serves or is designed to serve as a route
connecting different parts of the Village.
A sketch showing the proposed subdivision in relation to
existing conditions.
A right-of-way for vehicular traffic, including road, avenue,
lane, highway or other way.
A street which serves or is designed to be used primarily
for fast or heavy traffic.
A street which serves or is designed to serve as an access
to abutting business properties.
A street which carries traffic from minor streets to the
major system of secondary or arterial streets; the principal entrance
and circulation streets within a development.
A street or a portion of a street with only one vehicular
outlet.
A street intended to serve primarily as an access to abutting
residential properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines.
Any person, firm, corporation, partnership or association
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself, herself or
others.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale, development
or lease.
Improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
The administrative officer charged with the duty of enforcing
the Building Code and the provisions of this Chapter.
[1]A.
Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense; words used
in the plural number include the singular; the word "herein" means
"in these regulations"; and the word "regulations" means "these regulations."
B.
A "person" includes a corporation, a partnership and
an incorporated association of persons such as a club; "shall" is
always mandatory; a "building" includes a structure; a "building"
or "structure" includes any part thereof; "used" or "occupied" as
applied to any land or building shall be construed to include the
words "intended, arranged or designed to be used or occupied."
A building permit for erection of a structure
subsequent to the adoption of these regulations shall not be issued
unless the street giving access to the proposed building is an existing
state, county or Village highway, or appears on a recorded plat approved
by the Planning Board, and such street has been suitably improved
to the satisfaction of the Village Board or bonded to cover the full
cost of such improvement.
Where compliance with these subdivision regulations would cause unusual hardship, extraordinary difficulties or be inappropriate because of exceptional and unique conditions, the minimum requirements of these regulations may be modified by the Planning Board to mitigate the hardship, provided that the public interest is protected and that the development is in keeping with the general spirit and intent of these regulations, Chapter 230, Zoning, Site Plan Regulations and Village comprehensive plan, as adopted or as may be adopted. The Planning Board shall attach such conditions to the modifications as are, in its judgment, necessary to secure the objectives of the requirement so modified.
A resubdivision is subject to the same procedure,
rules and regulations as apply to a subdivision.
A lot line adjustment is subject to the same
procedures, rules and regulations as apply to a subdivision but with
no public hearing.
Nothing in these regulations shall prohibit
the subdivider from placing self-imposed restrictions, not in violation
of these regulations, on lots within the development. Restrictions
or reference to such restrictions shall be indicated on the plat.
Should any of these regulations conflict or
be inconsistent with any provision of the Village law, such provision
of the Village law shall apply.
