A.
Conformance to applicable rules and regulations.
(1)
In addition to the requirements established herein, except where waived in accordance with § 230-27, all subdivision plans shall comply with the following laws, rules, and regulations:
(a)
All applicable statutory provisions, including the New York State Town Law, except as may be superseded by this chapter.
(b)
The Zoning Law of the Town of Pine Plains, including specifically the design standards applicable to conservation subdivisions.
(c)
The special requirements of these regulations and any rules of the Health Department and/or appropriate state agencies.
(d)
The laws, rules or regulations of the State Department of Transportation, Dutchess County Department of Public Works and Town of Pine Plains Highway Department if the subdivision or any lot contained therein abuts a Town, county, or state highway or connecting street or proposes a new street.
(e)
The standards and regulations adopted by all boards, commissions, agencies, and officials of the Town.
(2)
Plan approval may be withheld if a subdivision is not in conformity with the above guides or policy of these regulations.
B.
Character of the land. Land which the Planning Board finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, shallow depth to bedrock, utility easements, or other features which will reasonably be harmful to the safety, health or general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the subdivider, and approved by the Planning Board, to remediate the harmful conditions imposed by the unsuitable land conditions.
C.
Modification of design improvements. If subsequent to the final approval of a subdivision plan, and at any time before or during construction of the required improvements, it is demonstrated to the satisfaction of the Town Engineer and the Planning Board that unforeseen conditions make it necessary to modify the location or design of such required improvements, the Planning Board may authorize said modifications, provided they are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Planning Board. The subdivider must demonstrate that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements. The Planning Board shall issue any such authorization under this provision in writing, with a copy of such authorization to be filed with the Town Clerk, as the case may be.
D.
Plans straddling municipal boundaries; notice to adjoining municipalities.
(1)
Whenever access to the subdivision is required across land in another municipality, the Planning Board shall forward the subdivision plan to the adjoining community for its review and determination as to what approvals, if any, may be required. Where construction of said access requires approval from an adjoining municipality, the Planning Board may condition its approval on obtaining approval from the adjoining municipality. The Planning Board may also, as a condition of approval, require evidence that access can be legally established and adequately improved, or that a performance bond has been duly executed and is sufficient in amount to ensure the construction of the access road.
(2)
Subdivisions shall be designed so that lot lines do not cross municipal boundary lines. To the maximum extent practicable, subdivisions should be designed so that lot lines do not cross zoning district or special district boundary lines.