A.
Purpose. This chapter establishes rules, regulations and standards
governing the subdivision of land within the Town of Pine Plains,
Dutchess County, New York, pursuant to the provisions of Article 16
of the Town Law of the State of New York and amendments thereto; setting
forth the procedure to be followed by the Planning Board in administering
these rules, regulations and standards.
B.
Short title. This chapter shall be known as the "Town of Pine Plains
Subdivision Regulations."
A.
By authority of the resolution adopted by the Pine Plains Town Board
on May 8, 1986, pursuant to the provisions of § 276 of the
Town Law, the Town of Pine Plains Planning Board has the power and
authority to review, approve, approve with modifications and/or conditions,
or disapprove lot line adjustments and preliminary and final subdivision
plans.
B.
The Town Board hereby empowers the Planning Board to review and render
decisions regarding subdivision plans, entirely or partially undeveloped,
which were filed in the office of the Dutchess County Clerk prior
to the appointment of the Planning Board. The term "undeveloped" shall
mean those subdivision plans where 20% or more of the lots within
the plan are unimproved unless existing conditions, such as poor drainage,
have prevented their development.
A.
It is declared to be the policy of the Town of Pine Plains to consider land subdivision as part of a plan for the orderly, efficient, environmentally sound and economic development of the Town. These regulations shall be administered to ensure orderly growth and development and shall supplement, facilitate and effectuate the policies and regulations set forth in: the Town Comprehensive Plan; the Town Zoning Law, including specifically § 275-36 regarding consistency with the Greenway program; the Town Official Map; and New York State Town Law, as may exist and be amended from time to time.
B.
The following objectives shall guide the Planning Board's decisions:
(1)
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger or peril from fire, flood,
drainage or other menace to neighboring properties or the public health,
safety and welfare.
(2)
Proper provisions shall be made for drainage, water supply, sewerage
and other needed improvements and utilities.
(3)
Streets shall be of such width, grade and location as to appropriately
accommodate present and anticipated future traffic, to provide adequate
light and air, to facilitate fire protection, and to provide access
of fire-fighting equipment to buildings.
(4)
The subdivision design shall minimize disruption and impacts to the
natural environment.
(5)
Parks or other natural areas of suitable location, size and character
for playground or other passive or recreational purposes shall be
shown on the subdivision plan, where deemed appropriate by the Planning
Board.
(6)
Proper provision shall be made to retain undeveloped natural areas
and corridors to mitigate any adverse environmental impacts of subdivision;
sustain a diversity of native vegetation and wildlife; protect water
resources, agricultural land, and scenic viewsheds; and implement
other policies that protect the Town's environmental and cultural
resources pursuant to the Town Comprehensive Plan and the Town Zoning
Law.
(7)
The Planning Board shall consider the subdivision's consistency with
the policies and objectives of the Town Comprehensive Plan, all requirements
of the Zoning Law, and these subdivision regulations, and the Official
Map, as may be adopted or amended.
(8)
The Planning Board shall consider those matters enumerated in § 277
of the New York State Town Law.
A.
Interpretation. In their interpretation and application, the provisions
of these regulations shall be held to be the minimum requirements.
More stringent provisions may be required if it is demonstrated that
different standards are necessary to promote public health, safety
and welfare.
B.
Supersession of New York State Town Law. To the extent that any provisions
of this chapter are inconsistent with the Town Law of the State of
New York, Chapter 62 of the Consolidated Laws, Article 16, §§ 276
through 279, and any amendments thereto, the Town Board of the Town
of Pine Plains hereby declares its intent to supersede those sections
of the Town Law, pursuant to its home rule powers under Municipal
Home Rule Law Article 42, § 10 et seq., of the Consolidated
Laws of the State of New York.
Nothing in this chapter shall prohibit any subdivider from placing
self-imposed restrictions on the development of lots shown on a subdivision
plan, provided said restrictions are not in violation of this chapter
and the Town Zoning Law and the Planning Board approves placement
of said notes on the plan.
