A.
By the authority of the Town Board of the Town of
Poughkeepsie, pursuant to the provisions of Article 16 of the Town
Law of the State of New York, the Planning Board of the Town of Poughkeepsie
is authorized and empowered to approve plats showing lots, with or
without streets or highways, to approve the development of entirely
or partially undeveloped plats already filed in the Office of the
Dutchess County Clerk and to conditionally approve preliminary plats,
within that part of the Town of Poughkeepsie outside the limits of
any incorporated village.
B.
The Planning Board of the Town of Poughkeepsie is
also hereby authorized and empowered, pursuant to Town Law § 276(2),
to approve the development of plats, entirely or partially undeveloped,
which were filed in the Office of the Dutchess County Clerk prior
to the appointment of the Planning Board. The term "undeveloped" shall
mean those plats where 20% or more of the lots within the plat are
unimproved unless existing conditions, such as poor drainage, have
prevented their development.
C.
Pursuant to the § 10 of the Municipal Home
Rule Law, this chapter is also intended to supersede and amend inconsistent
provisions of Town Law § 276(8) by eliminating the provisions
for default approval resulting from the Planning Board's failure to
take any action or hold any hearing on a preliminary or final plat
within the statutory time periods.
D.
The Town of Poughkeepsie has authorized its Planning
Board to approve plats showing lots, blocks or sites, with or without
streets or highways, as a complete or as a partial development of
land, and to approve such plats for filing with the Office of the
Dutchess County Clerk as provided in these regulations. The Clerk
of the Town of Poughkeepsie shall immediately file a certificate of
that fact with the Office of the Dutchess County Clerk.
E.
It is declared to be the policy of the Town Board
to consider land subdivisions as part of the orderly and desirable
development of land. These regulations provide procedures and standards
for the Planning Board in its review of subdivision plats. The intent
of these regulations is to encourage the most appropriate and best
development of land in order to protect and promote the general health,
safety and welfare, which is intended to include the following:
(1)
To assure that land to be subdivided will produce
building sites of such character and area that will permit their development
for homes or buildings without danger to health or peril from fire,
flood or other menace.
(2)
To facilitate the adequate and efficient provision
of community facilities, services and utilities and require the most
desirable and appropriate systems for drainage, water supply, sewage
disposal and other needed improvements, including any appropriate
parks and playgrounds.
(3)
To promote the safe and convenient circulation of
vehicles and pedestrians, and to promote the efficient design, location
and construction of roads, streets, sidewalks, pathways, and driveways
so as to accommodate current and future needs.
(4)
To minimize the destruction of the natural character
of the land and promote the conservation of all elements of topography
and vegetation which contribute to the natural beauty of the land.
(5)
To provide, through all subdivision planning and development,
for the privacy of family residents while enhancing the general appearance
of the community
F.
This chapter may be amended by the Town Board after
due notice and public hearing.
By Local Law No. 14-2000 of the Year 2000, the
Town of Poughkeepsie 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 of the Town.[1] In its consideration of any discretionary action(s) under
this chapter, the Planning Board should take into account said statement
of polices, principles and guides, as appropriate. Adoption of the
Greenway Connections is not intended, and shall not be construed,
so as to:
A.
Limit the Town's home rule authority pursuant to the
Municipal Home Rule Law; or
B.
Authorize any other local, county, or state agency or department to supersede the Town authority under this chapter, Chapter 210 or any other chapter of the Town of Poughkeepsie Town Code; or
C.
Prevent the Town in its sole discretion from adopting
a local law at a later date for the purpose of withdrawing, in whole
or in part, from the Greenway Compact or Greenway Connections.
This chapter shall be known and may be cited
as the "Land Subdivision Law of the Town of Poughkeepsie, Dutchess
County, New York."
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered or as determined by such judgment.
This chapter shall take effect upon filing with
the Secretary of State.
