Pursuant to the provisions of Article 16 of the New York State Town
Law, the Town Board has authorized the Town of Milan Planning Board to review,
approve, approve with conditions or disapprove plats for subdivision of land
within the Town of Milan. Accordingly, all subdivision plats submitted to
the Planning Board shall be governed by and subject to the provisions of these
Subdivision Regulations, adopted by the Planning Board on May 6, 1998, and
approved by the Town Board. These Subdivision Regulations supersede previous
versions of the Town's Land Subdivision Regulations.
It is declared to be the policy of the Town of Milan Planning Board
to consider land subdivision plats 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 residential building sites and enjoyable open space. These regulations
shall supplement and facilitate the provisions of the Town Comprehensive Plan,
Town Zoning Law, Town Official Map, and Town Capital Budget. The following
objectives shall guide the Planning Board's decisions as related to the
public health, safety and welfare:
A. 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 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 and other needed improvements and utilities.
C. All proposed development shall be so designed as to be
in harmony and compatible with the development pattern of adjacent and neighboring
properties.
D. Proposed roads shall compose a convenient system and
shall be of such width, grade and location as to accommodate present and prospective
traffic.
E. Where a subdivision is designed to be rural in nature,
roadways shall be designed in a manner which, together with the design of
the lots, encourages such rural, as opposed to suburban, quality and image;
and shall be, wherever appropriate, private, so that maintenance of such roadways
shall not be a cost of the Town. The construction of such private roadways
need not meet Town highway specifications for a public road, but shall be
sufficient to service all lots on such roadway with all manner of traffic.
The cost savings thus offered the applicant are intended to be considered
in the nature of the subdivision and the site amenities proposed. Approval
of any plan proposing any such private roadway shall further be conditioned
on appropriate safeguards to protect the interest of the residents of the
proposed subdivision, notification to prospective owners of the status of
the roadway and assurances that roads remain private.
F. All development shall be designed to facilitate adequate
fire and emergency protection and provide access for fire-fighting and related
equipment.
G. 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.
H. All subdivision, development and reservation of land
shall be in harmony with the Town of Milan Comprehensive Plan, Dutchess County
Master Plan, Town Zoning Law, Town Official Map, Town Capital Budget 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).
I. All reviews of applications specified in these regulations
shall be coordinated, to the extent practicable, with involved agencies and
boards at the Town, County and state levels to ensure consistent, well-designed
subdivisions and decisionmaking that will benefit the Town of Milan.
J. 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 Comprehensive Plan and Zoning Law.
K. Property owners of land, that have previously been filed
in the Dutchess County Clerk's Office as lots of record, and have been
exempted from certain requirements in the Town's Zoning Law and Subdivision
Regulations, 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, site plan or other land use application (such as
a special use permit).
L. These regulations shall be carried out so that they do
not unreasonably restrict or regulate farm structures or farming practices,
on farm operations in a New York State Agricultural District, in contravention
of the purposes of Article 25-AA of the New York State Agriculture and Markets
Law.
M. In their interpretation and application, the provisions
of these regulations 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 these Subdivision
Regulations shall be held to be the requirements established by the Planning
Board of the Town of Milan for the subdivision of land and the provision of
required improvements within the Town. As specified in § 269 of
New York State Town Law, should the requirements of these Subdivision Regulations
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.
Should any section or provision of these Subdivision Regulations, or
the application thereof to any person or circumstance, be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of these Subdivision Regulations as a whole, or any part thereof,
other than the part so declared to be invalid.
Nothing in these Subdivision Regulations shall prohibit the subdivider/applicant
from placing self-imposed restrictions, not in violation of these regulations,
on the development. Such restrictions, however, shall be indicated on the
subdivision plat.