A.
Title. This chapter shall be known as and may be cited
as the "Subdivision Law of the Town of Hyde Park."
B.
Authority. Pursuant to Chapters 276, 277, 278 and 279 of Town Law and Chapter 10 of the Municipal Home Rule Law, and for the purpose of providing for growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, the Planning Board is authorized and empowered to:
(1)
Accept sketch plans, approve preliminary and final
plats of subdivisions showing lots, blocks or sites, with or without
streets or highways;
(2)
Approve the development of plats, entirely or partially
undeveloped, which were filed in the office of the Dutchess County
Clerk prior to the appointment of such Planning Board; and
(3)
Approve plats, entirely or partially undeveloped,
which were filed in the office of the Dutchess County Clerk prior
to the appointment of such Planning Board.
C.
Applicability. Subdivision approval shall be required for the alteration of any lot line of any lot in an approved subdivision or division of any parcel into two or more lots, blocks or sites, with or without streets, in accordance with the restrictions and regulations set forth in this chapter, prior to filing any subdivision plat in the office of the Dutchess County Clerk and prior to the issuance of any building permit or certificate of occupancy for a parcel resulting from such lot line alteration or division, provided that any subdivision which is part of a planned unit development or Bellefield Planned Development under Article 5 or Article 7 of Chapter 108 of this Code shall also be subject to said provisions of Chapter 108.
D.
Supersedence. It is the express intent of the Town
Board that this chapter shall supersede §§ 261-b, 274-a,
274-b, 276, 277, 278, 279 and any other provision of Article 16 of
the Town Law inconsistent with the provisions herein, pursuant to
§ 10 of the Municipal Home Rule Law.
E.
Fees. The amount of fees required under this chapter
shall be established from time to time by resolution of the Town Board,
except that the amount of professional review fees held in escrow
for each particular application may be established by the reviewing
agency. The administrative fees established by the Town Board shall
approximate the actual cost to the Town of providing the related administrative
services.
A.
Policy. It is declared to be the policy of the Planning
Board to consider land subdivisions as a part of the orderly and desirable
development of land guided by the following regulations. These regulations
provide procedures and standards. Their intent is to encourage the
most appropriate and best development of land in order to protect
and promote the general welfare, which includes the following:
(1)
To ensure that land to be subdivided will produce
building sites of such character and area that will permit its development
for homes or buildings without danger to health or peril from fire
or flood.
(2)
To facilitate the adequate and efficient provision
of community facilities, services and utilities where practicable.
(3)
To ensure that all subdivision is consistent with
the Comprehensive Plan of the Town of Hyde Park.
(4)
To ensure that the burden of financing improvements
and infrastructure in new subdivisions is on the subdivision owner
or developer, rather than on the particular district or the Town.
(5)
To ensure that the proposed streets compose a convenient
system conforming to the Official Map, if such exists; that they are
properly related to the proposals shown on the Comprehensive Plan;
and that they are of such width, grade and location as to accommodate
the prospective traffic, to facilitate fire protection and to provide
access for fire-fighting equipment to buildings.
B.
Greenway connections. By Local Law No. 1 of the year
2002, the Town 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.
In its discretionary actions under this chapter, the reviewing agency
shall be guided by said statement of policies, principles and guides.
A copy of Greenway Connections is available for inspection or copying
in the office of the Town Clerk.[1]
C.
By Resolution 7:11 — 5 of 2005, the Town amended
and readopted the Comprehensive Plan of the Town of Hyde Park, as
a statement of vision, goals, and strategies for the Town. In its
discretionary actions under this chapter, the reviewing agency shall
be guided by said statement of vision, goals and strategies. A copy
of the Comprehensive Plan is available for inspection and copying
in the office of the Town Clerk.
D.
Corridor management plan. In its discretionary actions
under this chapter with regard to land use adjacent to or affecting
Albany Post Road, the reviewing agency shall be guided by the goals,
objectives and recommendations set forth in Albany Post Road/Route
9 Corridor Management Plan, Volumes 1 and 2, January, 2006, a copy
of which is available for inspection and copying in the office of
the Town Clerk.
E.
The provisions of this chapter shall be construed to fulfill the purposes stated in § 96-2A above and § 108-1.4 of Chapter 108; the policies, principles, and guides referred to in § 96-2B; the statement of vision, goals and strategies referred to in § 96-2C; and the goals, objectives and recommendations referred to in § 96-2D above.
