Town of Union Vale, NY
Dutchess County

§ 192-1 Statutory authority.

A. 
By resolution adopted on September 4, 1962, by the Town Board of the Town of Union Vale, Dutchess County, New York, the Planning Board of the Town of Union Vale has the authority to approve, approve with conditions and disapprove plats for subdivision within the Town of Union Vale and to assume all other powers and duties as prescribed by the Town Law, Chapter 62 of the Consolidated Laws of the State of New York. All subdivision plats hereinafter submitted to the Planning Board for approval shall be governed by and subject to the provisions of these regulations.
B. 
A comprehensive amendment of these regulations was adopted by the Planning Board of the Town of Union Vale on January 20, 1988, and approved by the Town Board on February 24, 1988.
C. 
A further amendment of these regulations was adopted by the Town Board upon recommendation of the Planning Board concurrent with the Town's comprehensive amendment of the Town's Zoning Law, Town Code Chapter 210, on November 7, 2002.
[Added  11-7-2002 by L.L. No. 7-2002]

§ 192-2 Declaration of policy; objectives.

A. 
It is declared to be the policy of the Town of Union Vale Planning Board to consider land subdivision plats as part of a plan for the orderly, economic and efficient future growth and development of the Town consistent with its rural character and the continuing needs of its people for enjoyable open space.
B. 
The following objectives shall guide the Planning Board's decisions as related to the public health, safety and welfare:
(1) 
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.
(2) 
Proper provision shall be made for water supply, drainage, sewage and other needed improvements and utilities.
(3) 
All proposed development shall be so designed as to be in harmony with the development pattern of adjacent and neighboring properties.
(4) 
Proposed streets shall compose a convenient system conforming to the Town Master Plan and shall be of such width, grade and location as to accommodate present and prospective traffic.
(5) 
All development shall be designed to facilitate adequate fire and emergency protection and provide access for firefighting and related equipment.
(6) 
Proper provision shall be made for permanent reservations of open spaces for parks and playgrounds and for the protection of natural drainage and significant historical and environmental features.
(7) 
Future development shall bear a fair share of the capital costs to the Town for public improvements necessary to service such new development.
(8) 
All development and related reservations of land shall be in harmony with the Town Master Plan and Dutchess County land use policies as reflected in Directions and Greenway Connections.
[Added 11-7-2002 by L.L. No. 7-2002]
(9) 
All review under this chapter shall be coordinated, to the extent practicable, with involved agencies at the county, state and federal levels and with other local officials, boards and committees to ensure consistent, well-informed decision-making.
[Added 11-7-2002 by L.L. No. 7-2002]

§ 192-3 Definitions.

For the purpose of these regulations, certain words and terms used herein are defined as follows:
CLERK OF THE PLANNING BOARD
That representative or those representatives of the Planning Board, either member, employee or consultant, who shall be designated to perform the duties of the Clerk of the Planning Board for purposes of these regulations.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of Article 49, §§ 49-0301 through 49-0311 of the Environmental Conservation Law, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property. Any such conservation easement shall provide that the Town of Union Vale, if not the grantee, shall be the contingent holder and third party enforcer of the easement should default occur by the initial holder of the easement.
[Added 11-7-2002 by L.L. No. 7-2002]
DAY or DAYS
Consecutive calendar days unless otherwise specified.
[Added 11-7-2002 by L.L. No. 7-2002]
DESIGNATED TOWN ENGINEER
That licensed professional engineer, either employee or consultant, who shall be chosen by the Planning Board to perform the duties of the designated Town Engineer for purposes of these regulations.
DRIVEWAY
A private way situated within a lot for vehicular traffic, providing access from a street to a single dwelling or a commercial premises. "Common driveway" is the term employed to identify a like facility which provides shared access to two or more such dwellings or commercial premises.
[Added 11-7-2002 by L.L. No. 7-2002]
EASEMENT
An acquired right of use on the property of another, for a specified purpose on a designated part of that property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
ENVIRONMENTAL CONSERVATION LAW
The Environmental Conservation Law of the State of New York, Chapter 43-B of the Consolidated Laws.
[Added 11-7-2002 by L.L. No. 7-2002]
IMPROVEMENTS
A physical change to the land or installation of certain services necessary to produce usable and desirable lots or sites from raw acreage, including but not limited to water and sewers, recreation and open space areas, grading, pavement curbs, gutters, storm sewers and drains and betterments to existing watercourses, sidewalks and other pedestrianways, street signs, shade trees, sodding or seeding and monuments, whether such improvement is intended to be dedicated and maintained by the public or held in private ownership.
MASTER OR COMPREHENSIVE PLAN
A comprehensive plan for the general physical development of the Town of Union Vale, Dutchess County, New York, as adopted by the Town Board in October 2001 pursuant to § 272-a of the Town Law, and as may from time to time be amended.
[Amended 11-7-2002 by L.L. No. 7-2002]
OFFICIAL MAP
The map which may be established by the Town Board under § 270 of the Town Law showing streets, highways and parks and drainage theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
PLANNING BOARD
The Planning Board of the Town of Union Vale, Dutchess County, New York.
PLANNING CONSULTANT or TOWN PLANNING CONSULTANT
That professional planning consultant, who shall be a member of the American Institute of Certified Planners, and who shall be chosen by the Town Board upon recommendation of the Planning Board to assist in the review of project-specific applications and advise on the administration of this chapter and related requirements, including those set forth under either Chapter 210, Zoning, of the Code of the Town of Union Vale or SEQRA.
[Added 11-7-2002 by L.L. No. 7-2002]
PLAT
The map of a subdivision showing the location, boundaries and proposed ownership of both individual and common properties and associated supporting improvements.
[Added 11-7-2002 by L.L. No. 7-2002]
PRELIMINARY PLAT
The maps, drawings and other data showing the layout of a proposed subdivision, as specified in § 192-22 of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout and improvements within such proposed subdivision.
REGULAR MEETING
A meeting of the Town Planning Board, generally held on a monthly basis, as set forth on an annual calendar adopted by the Planning Board and posted in the manner required under the Open Meetings Law,[1] which calendar may be supplemented from time to time by individually noticed special meetings.
[Added 11-7-2002 by L.L. No. 7-2002]
RESIDENTIAL SUBDIVISION OR OTHER LAND DEVELOPMENT TECHNIQUE
A designation provided within Article III, § 210-10, of Chapter 210, Zoning, which determines on the basis of platting procedure, lot configuration and/or intended use whether a proposed subdivision under this chapter is a permitted, special permitted or prohibited use under Chapter 210, Zoning.
[Added 11-7-2002 by L.L. No. 7-2002]
RESUBDIVISION
Any change in the plat of a subdivision which has been previously filed in the Dutchess County Clerk's office, which change affects any street layout shown on such plat, affects any area reserved thereon for public use or open space purposes, or diminishes the area of any lot shown thereon.
[Amended 11-7-2002 by L.L. No. 7-2002]
SIGHT DISTANCE
The distance an object 18 inches above the pavement, e.g., a taillight, is visible from an eye level 54 inches above the pavement, i.e., an average seated driver's eye level.
[Added 11-7-2002 by L.L. No. 7-2002]
SKETCH PLAT
A sketch of a proposed subdivision showing the information required by these regulations, to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and the objectives of these regulations. A sketch plat shall be drawn to scale but need not have the accuracy of an engineering drawing.
STREET
A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, artery, avenue, boulevard, lane, place, drive or however otherwise designated, which is an existing public way or a way shown upon a subdivision plat approved by the Town Planning Board as provided by these regulations, or on a plat duly filed and recorded in the office of the Dutchess County Clerk. For characterization of specific street types, please refer to Chapter A215 of the Code of the Town of Union Vale.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic, i.e., the traveled way.
STREET WIDTH
The width of the right-of-way or the distance between property lines on opposite sides of a street, measured at right angles to the center line of such street.
SUBDIVIDER
Any person, firm, corporation, partnership or association which shall lay out for the purpose of development, sale or lease any subdivision as defined herein, either for himself, itself or for others.
[Amended 11-7-2002 by L.L. No. 7-2002; 1-8-2004 by L.L. No. 1-2004; 2-4-2010 by L.L. No. 10-2010]
A. 
For purposes of this chapter, and consistent with the provisions of Town Code Chapter 210, Zoning, the term "subdivision" shall include any of the following actions:
(1) 
The division of any parcel of land into two or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of lot line alteration, transfer of ownership, lease for other than recreation, conservation or agricultural purposes, or building development.
(2) 
The resubdivision of any parcel of land for which an approved plat has already been filed in the Dutchess County Clerk's office and which is entirely or partially undeveloped.
(3) 
Reinstatement of any subdivision approval that may have expired for reasons including but not limited to the imposition of a "sunset" or like provision by either the Planning Board or the Dutchess County Health Department or the failure of the subdivider to complete required improvements in a manner pursuant to, and consistent with, the terms of the Planning Board's approval and pertinent provisions of Town Law related to either project phasing, i.e., filing of a plat in sections, or posting and satisfaction of performance guaranties.
B. 
For the purposes set forth herein, any such subdivision shall be classified as to scale and nature of improvements as either a "minor subdivision" or a "major subdivision" as set forth below and as to "residential subdivision or other land development technique" pursuant to Town Code Chapter 210, Zoning.
(1) 
 — A type of minor subdivision resulting in the merger in their entirety of two or more lots as depicted on a filed subdivision plat or otherwise set forth on the Town real property tax map. The effect of lot consolidation might be considered "reverse subdivision."
(2) 
 — A type of minor subdivision resulting in any other modification in either the boundary of an existing, legally established lot or in deeded easement providing for driveway access to the lot access which neither results in the creation of any new lot nor either creates or increases any noncomplying condition with respect to any area and bulk or other dimensional requirement established by Chapter 210, Zoning, or other regulations administered by the Dutchess County Health Department, the New York State Uniform Fire Prevention and Building Code, or other pertinent law, rule or regulation.
(3) 
 — Any subdivision containing not more than four lots, each of at least the minimum lot area and dimension required by Chapter 210, Zoning, each fronting on an existing street or road and gaining access from such existing street or road via an individual driveway demonstrated to be in conformance with the design standards referenced at § 210-25 of the Town Zoning Code and set forth within Town Code Chapter 111, Driveways, not involving any new public or private street or road or the extension of any Town or other municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties and not in conflict with any provision or portion of the Master Plan, the Official Map, Chapter 210, Zoning, or this chapter.
(4) 
 — Any subdivision not classified as lot consolidation, lot line alteration or a minor subdivision, including but not limited to subdivisions of five or more lots, or any subdivision including a common driveway, requiring any new street or road or extension thereof, whether intended to be public or private, or any extension of any other Town or other municipal facilities.
SUBDIVISION PLAT or FINAL PLAT
The final maps, drawings and charts on which the subdivider's plan of subdivision containing all information or detail required by law and by these regulations is presented to the Planning Board for approval, and which, if approved, shall be submitted to the Dutchess County Clerk for filing or recording in order to complete the subdivision approval process.
SUPERINTENDENT OF HIGHWAYS
The duly elected Town Superintendent of Highways.
SURVEYOR, LAND
A person licensed as a professional land surveyor by the State of New York.
TOWN BOARD
The Town Board of the Town of Union Vale, Dutchess County, New York.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
[Added 11-7-2002 by L.L. No. 7-2002]
TOWN STREET AND HIGHWAY SPECIFICATIONS
Chapter A215, Street Specifications, of the Code of the Town of Union Vale.
[Added 11-7-2002 by L.L. No. 7-2002]
YEAR
A period of time marked by the passage of any 12 consecutive calendar months.
[Added 11-7-2002 by L.L. No. 7-2002]
ZONING LAW
The officially adopted Zoning Law of the Town of Union Vale, together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Law, which Zoning Law is set forth as Chapter 210 of the Code of the Town of Union Vale.
[Amended 11-7-2002 by L.L. No. 7-2002]
[1]:
Editor's Note: See Public Officers Law § 100 et seq.