A.
In accordance with the resolutions adopted by the Town Board on the
14th day of December 1960 and on the 10th day of January 1973, which
resolutions were adopted pursuant to the authority granted under the
provisions of Article 16 of the Town Law of the State of New York,
the Town of Pleasant Valley Planning Board has the power and authority
to approve or disapprove plats for subdivision on any property located
within the boundaries of the Town of Pleasant Valley.
B.
As used herein, "Town Code" refers to laws and regulations of the Town of Pleasant Valley. "Town Law" refers to all laws and regulations promulgated under Chapter 62 of the Consolidated Laws of the State of New York. Any other laws referenced within these regulations are laws of the State of New York unless otherwise noted.
In order that land in the Town of Pleasant Valley may be subdivided
in accordance with the policy set forth herein, these regulations
are hereby adopted and shall be known and may be cited as the "Town
of Pleasant Valley Subdivision Regulations."
These regulations are adopted for the purposes set forth in
§§ 276 and 277 of Article 16 of the Town Law, which,
in the interest of the protection and promotion of the public health,
safety and welfare, shall be deemed to specifically include the following,
among others:
A.
Safeguarding of streets from the hazard of excessive traffic.
B.
Ensuring that only land which can be used for building purposes without
danger to health or peril from fire, flood or other menace will be
subdivided.
C.
Ensuring the provision of well-placed and safe recreation and other
open areas and means of pedestrian circulation.
D.
Safeguarding the Town from undue future expenditures for the maintenance
of streets and other open spaces dedicated to public use.
E.
Ensuring the provision of proper roads, water supply, sewage disposal,
drainage and other needed public improvements.
A.
In order to accomplish the purposes set forth above, it is declared to be the policy of the Town of Pleasant Valley Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient, economic, environmentally sound development of the Town and to that goal require that all land subdivision follow the guidelines under Article IV, General Requirements and Design Standards, Appendix A, Design Guidelines, and Appendix B, House Siting Guidelines.
B.
In
cases where the Planning Board finds that a proposed subdivision may
adversely affect the preservation of natural areas, and/or prime agricultural
soils or agricultural soils of statewide importance, according to
the soil survey prepared for Dutchess County by the U.S. Department
of Agriculture, the Planning Board may require an applicant to submit
a plan for a conservation subdivision as provided for in § 278
of the Town Law.
C.
These
subdivision regulations shall supplement and facilitate the provisions
of the Town's Comprehensive Plan, Greenway Connections: Greenway
Compact Program[1] and Guide for Dutchess County Communities, Zoning Law,[2]Town Code, and Zoning District Map.[3] The following objectives shall guide the Planning Board's
decisions:
(1)
Land is to be subdivided in a way that enhances the natural and scenic
resources of the area in which it is located and preserves important
scenic viewsheds, environmental resources, tracts of contiguous wildlife
habitat, and viable farmland.
(2)
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.
(3)
Proper provision shall be made for water supply, drainage, sewage,
utilities and other needed improvements.
(4)
Proposed development shall be planned such that it is compatible
with sound development patterns of adjacent and neighboring properties
within the Town of Pleasant Valley.
(5)
Proposed public roads shall compose a convenient system and shall
be of such width, grade and location as to accommodate present and
prospective traffic, and shall meet Town highway specifications and
other local laws of the Town of Pleasant Valley. Rural road standards
will be promoted for development within rural areas, with requirements
matching the low-intensity rural purpose.
(6)
All development shall be designed to afford adequate light and air,
to facilitate adequate fire and emergency protection, and to provide
access for fire-fighting and other emergency equipment.
(7)
Provision shall be made for permanent preservations of open spaces
and, when appropriate, provisions for pedestrian trails, viewing areas,
and passive parks as well as for the long-term protection of water
resources and wildlife habitat. These areas shall be shown on the
plat.
(8)
All reviews of applications specified in these regulations shall
be coordinated with involved agencies and boards at the local, county
and state levels to ensure consistent, well-designed subdivisions
and decision-making that will benefit the Town of Pleasant Valley.
(9)
Proper provision shall be made for leaving undeveloped natural areas
and corridors to mitigate adverse environmental impacts of the proposed
subdivision and to sustain a diversity of native vegetation and wildlife,
to protect water resources, agricultural land, viewsheds, and to implement
the Town's policies of protecting its environmental and cultural
resources pursuant to the Comprehensive Plan, Zoning Law, and other
applicable local laws.
(10)
In order to avoid a segmented review and to promote optimum use of
the parcel in the future, applicants may be required to prepare a
conceptual plan for their entire parcel whenever an application to
subdivide a portion of a larger lot is submitted.
A.
Where this chapter imposes greater restrictions than required by
any other law, ordinance, or regulation, the provisions of this chapter
shall govern. Where the provisions of any other law, ordinance, or
regulation impose greater restrictions than are required by this chapter,
the provisions of such law, ordinance or regulation shall govern.
[Amended 9-14-2011 by L.L. No. 3-2011]
B.
To the extent that this chapter is inconsistent with Town Law §§ 274-a,
274-b, 276, 277, 278, or any other provision of Article 16 of the
Town Law, the provisions of this chapter are expressly intended to
and do hereby supersede any such inconsistent provisions under the
authority of § 10 of the Municipal Home Rule Law.
Nothing in these regulations shall prohibit the subdivider from
placing self-imposed restrictions, not in violation of these regulations,
on the development. Such restrictions, however, shall be indicated
on the plat.
