Pursuant to the provisions of Article 16 of
the New York State Town Law, the Town Board has authorized the Town
of Clinton Planning Board to review, approve, approve with conditions
or disapprove plats for subdivision of land and lot line adjustments
within the Town of Clinton. Accordingly, all subdivision plats and
lot line adjustment applications submitted to the Planning Board shall
be governed by and subject to the provisions of this chapter, adopted
by the Planning Board on September 19, 2000, and approved by the Town
Board. The Planning Board may supplement this chapter by establishing
operating procedures and by distributing additional written material
such as forms, illustrations and supplementary bulletins which are
consistent with the intent of this chapter. This chapter supersedes
previous versions of the Town's Subdivision Regulations.
It is declared to be the policy of the Town of Clinton Planning Board to consider land subdivision plats and lot line adjustments 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 development and enjoyable open space. This chapter shall supplement and facilitate the provisions of the Town's Master Plan, Chapter
250, Zoning, and Zoning District Map. The following objectives shall guide the Planning Board's decisions as related to the public health, safety and welfare:
A. 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, and without resulting
in significant damage to the natural and scenic resources of the area
in which it is located.
B. Proper provision shall be made for water supply, drainage,
sewage, utilities and other needed improvements.
C. Proposed development shall be planned such that it
is compatible with sound development patterns of adjacent and neighboring
properties within the Town of Clinton. Design guidelines within the
Town's Hamlet districts are provided in Appendix D. For larger parcels, cluster development (Article
V) is encouraged and is required in some areas of the Town.
D. 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 Clinton.
E. 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.
F. 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.
G. All subdivision, lot line adjustment, development and reservation of land shall be in harmony with the Town of Clinton Master Plan, Dutchess County Master Plan, Chapter
250, Zoning, and other local laws, Town Zoning District Map, 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).
H. All reviews of applications specified in this chapter
shall be coordinated with involved agencies and boards at the Town,
County and State levels to ensure consistent, well-designed subdivisions
and decision-making that will benefit the Town of Clinton.
I. Proper provision shall be made for leaving undeveloped natural areas and corridors to mitigate the 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 Master Plan, Chapter
250, Zoning, and other applicable local laws. Cluster development, described in Article
V, helps to implement this policy.
J. Owners of property which has previously been legally filed in the Dutchess County Clerk's office as lots of record, predating subdivision or Chapter
250, Zoning, requirements, 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, or other land use application (such as a special use permit).
K. The Town of Clinton has adopted Greenway Connections: Greenway Compact Program and Guide 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. (See Chapter
40, Greenway Connections.)
L. 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.
In their interpretation and application, the
provisions of this chapter shall be held to be the requirements established
by the Planning Board of the Town of Clinton for the subdivision of
land, lot line adjustments, and the provision of required improvements
within the Town. As specified in § 269 of the New York State
Town Law, should the requirements of this chapter conflict with, or
otherwise be inconsistent with, any provision or requirement of New
York State Town Law or any other lawfully adopted rules, regulations,
ordinances or laws, the more stringent provisions shall govern.
Nothing in this chapter shall prohibit the subdivider/applicant
from placing self-imposed restrictions, not in violation of this chapter,
on the development. Such restrictions shall be indicated on, or at
the request of the Planning Board attached to, the subdivision plat.