Town of Amenia, NY General Provisions

It is declared to be the policy of the Town of Amenia to consider land subdivision plats as part of a plan for the orderly, economic, environmentally sound, and efficient future growth and development of the Town consistent with its community character and the continuing needs of its people for quality residential building sites and enjoyable open space. This chapter shall supplement and facilitate the provisions of the Town Comprehensive Plan and Town Zoning Law.[1] The following objectives shall guide the Planning Board's decisions as related to the public health, safety and welfare:

Land to be subdivided and developed 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, and without resulting in significant damage to the natural and scenic resources of the area in which it is located.

Proper provision shall be made for water supply, drainage, sewage and other needed improvements and utilities.

All proposed development shall be so designed as to be compatible with the development pattern of neighboring properties.

Proposed roads shall compose a convenient system and shall be of such width, grade and location as to accommodate present and prospective traffic.

Where a subdivision is designed to be rural in nature, roadways shall be designed in a manner which, together with the design of the lots, encourages rural, as opposed to suburban, quality and image and shall be, wherever appropriate, private, so that maintenance of such roadways shall not be a cost of the Town. The construction of such private roadways need not meet Town highway specifications for a public road but shall be sufficient to service all lots on such roadway with all manner of traffic. The cost savings thus offered the applicant are intended to be considered in the nature of the subdivision and the site amenities proposed. Approval of any plan proposing any such private roadway shall further be conditioned on appropriate safeguards to protect the interest of the residents of the proposed subdivision, notification to prospective owners of the status of the roadway and assurances that roads remain private. Safeguards shall include common use and maintenance agreements or homeowners' association agreements as appropriate.

All development shall be designed to facilitate adequate fire and emergency protection and provide access for fire-fighting and related equipment.

Proper provision shall be made for permanent reservations of open spaces for pedestrian walkways, parks and trails as well as for the protection of natural drainage and significant historical and environmental features where appropriate.

All subdivision, development and reservation of land shall be consistent with the Town of Amenia Comprehensive Plan, Dutchess County Master Plan, Town Zoning Law, and Town Highway Specifications and shall be consistent, as applicable, with the Town's historic districts, scenic roads or areas and with any designated critical environmental areas (CEA) as they may be designated, promulgated or amended from time to time.

All reviews of applications specified in this chapter shall be coordinated, to the extent practicable, with involved agencies and boards at the Town, county and state levels to ensure consistent, well-designed subdivisions and decisionmaking that will benefit the Town of Amenia.

Proper provision shall be made for leaving undeveloped natural areas and corridors to mitigate any adverse environmental impacts of subdivision and to sustain a diversity of native vegetation and wildlife, to protect water resources, agricultural land and scenic viewsheds, and to implement the Town's policies of protection of its environmental and cultural resources pursuant to the Comprehensive Plan and Zoning Law.

Property owners of land for subdivisions that have previously been filed in the Dutchess County Clerk's office as lots of record, and have been exempted from certain requirements in the Town's Zoning Law and subdivision regulations, will be encouraged by the Planning Board to bring the property more in conformance with the regulations when the property owner applies for a new action: subdivision, site plan or other land use application (such as a special use permit).

This chapter shall be carried out so that they do not unreasonably restrict or regulate farm structures or farming practices on farm operations in a New York State agricultural district, in contravention of the purposes of Article 25-AA of the New York State Agriculture and Markets Law.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.

When site plan approval is required for a development which is the functional equivalent of a land subdivision but which is structured for ownership purposes as a condominium project, the objectives and review criteria set forth in this chapter shall be equally applicable to the Planning Board's review of that application.

[1]

Editor's Note: See Ch. 121, Zoning.