Pursuant to the provisions of Article 16 of the Town Law, the
Town Board of the Town of Washington has, by resolution, authorized
the Town of Washington Planning Board to review and approve or disapprove
plats showing lots, blocks, or sites, with or without roads, within
the area of the Town of Washington outside the Village of Millbrook.
In order that land in the Town of Washington may be subdivided
in accordance with the policy set forth herein, this chapter is hereby
adopted and shall be known and may be cited as the "Town of Washington
Land Subdivision Regulations."
It is declared to be the policy of the Town of Washington Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient, and economical development of the Town of Washington, consistent with the Town of Washington Master Plan (hereinafter "Master Plan"), the Chapter
165, Zoning, of the Town Code (hereinafter "Chapter
165, Zoning"), and the requirements of the State Environmental Quality Review Act (SEQR). This shall be interpreted to include the following objectives which shall guide the Planning Board's decisions:
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.
B. Proper provision shall be made for drainage, water supply, sewerage,
and other needed improvements and utilities.
C. Proposed streets shall compose a convenient system conforming to
the Official Map, if any, and shall be properly related to the proposals,
if any, shown on the Master Plan.
D. Streets shall be of such width, grade, and location as to accommodate
prospective traffic, to afford adequate light and air, and to facilitate
fire protection, and shall be designed to cause no more disruption
of the natural environment than is reasonably necessary.
E. Park or other natural areas of suitable location, size, and character
for playground or other passive or active recreational purposes shall
be shown on the subdivision plat, wherever appropriate.
F. 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 and Chapter
165, Zoning.
Should any of this chapter conflict or be inconsistent with
any provision of the Town Law, such provision of Town Law shall apply.
The invalidity of any provision of this chapter shall not invalidate
any other part thereof.
Nothing in this chapter shall prohibit the subdivider from placing
self-imposed restrictions, not in violation of this chapter, on the
development. Such restrictions, however, shall be indicated on the
plat.
By Local Law No. 1 of the year 2007, the Town of Washington
has 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 to supplement
other established land use policies in the Town. In its discretionary
actions under this chapter, the Planning Board should take into consideration
said statement of policies, principles and guides, as appropriate
to be used as a tool at the Planning Board discretion, as other documents
are.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $750 or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense all
of which were committed within a period of five years, punishable
by a fine not less than $750 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall constitute
a separate additional violation.