The Planning Board, in considering an application for the subdivision of land, shall be guided by the policies specified in § 177-2 of these Subdivision Regulations and the following standards.
A. 
Purpose. The proposed subdivision shall conform to the design and improvement standards in this article of the Subdivision Regulations, which are intended to result in a well-planned community without adding unnecessarily to development costs.
B. 
Preservation of existing features. Existing features which would add value to residential development or whose preservation would benefit the Town, such as groves of mature trees, large individual trees, scenic vistas, watercourses, historic areas and similar irreplaceable assets, should be preserved, insofar as possible, through sensitive design of the subdivision. Lands designated for protection under provisions of regulations relating to wetlands, aquifers and other environmental/cultural resources shall also be preserved, insofar as possible, through the subdivision process. The Planning Board may, in order to ensure the preservation of such resources, and to mitigate potentially adverse impacts of land subdivision, encourage an applicant to place easements upon such lands as should be protected as a condition of subdivision approval.
C. 
Access through other municipalities. Whenever access to a subdivision is to be provided by crossing land or roadways in another municipality, the Planning Board shall require assurance from that municipality that such access is adequately improved or that a legal performance guarantee has been duly posted and of sufficient amount to assure the construction of the necessary roadway(s).
D. 
Replatting. If an applicant proposes a lot line adjustment or replatting of all or part of land covered by an existing plat which has been laid out prior to the required subdivision process, approval and filing shall comply with the requirements and application process set forth in these Regulations.
E. 
Pedestrian access. To the extent considered practicable by the Planning Board, and in consideration of the public health, safety, welfare and convenience, the Planning Board may require that pedestrian walkways or paths be provided within a subdivision to provide access to parks or public spaces, school sites, neighborhood shopping facilities or similar destinations. The Planning Board may determine that pedestrian access is suitable midway through a long block and/or that nonpaved pedestrian walkways or paths may be an appropriate alternative to sidewalks within rural subdivisions. Any pedestrian accessway may be situated within a public right-of-way or within a suitable easement.
F. 
Preservation of topsoil. Topsoil may not be removed from any subdivision in the Town, except that in areas over which heavy equipment will be operated, the topsoil shall be stripped and stockpiled on the property. When final grades have been established and construction activities have been completed, the entire property shall be suitably graded and, to the extent practicable, recovered with topsoil, except that portion of the site covered by buildings or structures or included in the roads and driveways.
G. 
Watercourses. Where a watercourse separates a proposed road from abutting property, provision shall be made for access to all lots by culverts or other permanent drainage structures. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of- way, not less than 30 feet in width. All such structures and rights-of-way shall be of design and specification approved by the Town Engineer and the Town Highway Superintendent.
H. 
Floodplains. If any portion of the land within the subdivision is subject to periodic inundation or flood hazard caused by stormwater, this portion shall be clearly indicated on any submissions required by these regulations. In cases of doubt, the Planning Board may require the submission of a flood hazard study delineating the limits of the floodplain. Such study shall be conducted by a licensed professional engineer.
(1) 
Land subject to flooding, land contained within the floodplain boundaries designated and mapped by the Federal Emergency Management Agency (FEMA) and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential or commercial occupancy nor for any such other use that may increase danger to health, life or property or aggravate the flood hazard.
(2) 
Any subdivision, including all proposed improvements and construction, must comply with all further applicable provisions of the National Flood Insurance Act of 1968, including all recent amendments thereto.
I. 
Solar access. To the extent practicable, and in accordance with Chapter 742 of the Laws of 1979, solar energy systems, wind generators and energy conservation equipment shall be encouraged by the Town of Milan in the review and approval of provisions of these Subdivision Regulations, the Zoning Law and other local regulations.
J. 
Agriculture. If required, the Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts of any proposed subdivision upon the functioning of farm operations within any designated New York State Agricultural Districts.
A. 
Buildable lots. The lot arrangement shall be such that in constructing a building in compliance with the Zoning Law,[1] there will be no foreseeable prohibitions to development based upon soils, topography or other natural conditions, including the presence of wetlands or floodplain areas.
[1]
Editor's Note: See Ch. 200.
B. 
Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line on both roads, as well as side yard requirements, for the zoning district in which the lot is located.
C. 
Minimum lot size. Except as provided by Article VI of these Regulations in the case of cluster development, each lot shall be no smaller than the minimum lot area, lot frontage and lot width required by the Zoning Law for the district in which it is located, including the provision that not less than 75% of the minimum lot area within any zoning district must be fulfilled by land which is outside any New York State DEC-designated wetland or a FEMA-designated floodplain.
D. 
Driveway grade and design. Driveways shall be designed and built to afford suitable access to the building sites in accordance with the provisions of the Town driveway specifications (Chapter 111 of the Town Code) and with the New York State Uniform Fire Prevention and Building Code.
E. 
Access from public roads.
(1) 
The subdividing of land shall be such as to provide each lot with satisfactory access for routine purposes and emergency vehicle access from public roadways. This access may be provided directly from a public roadway or by suitably improved and maintained rural lanes (rural lanes are the only private roads permitted in the Town of Milan).
(2) 
Lots shall not, in general, derive access exclusively from a major or collector road. Where driveway access from a major or collector road may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a common drive in order to limit possible traffic hazards on such roadway.
F. 
Rear lots. Rear lots (also referred to as "flag lots") are allowed in any residential zone pursuant to the Zoning Law.[2] Such lots may be approved only where they will not endanger public health and safety and will advance the purposes of these Subdivision Regulations and the Zoning Law, including, in particular, the preservation of natural and scenic resources. In considering the best use of land in a subdivision, the Planning Board may reasonably limit the number and location of such rear lots and the length of the accessways.
[2]
Editor's Note: See Ch. 200.
A. 
General objectives. Roads shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic and normal road maintenance equipment. The arrangement of roads shall be coordinated such that they compose a convenient roadway system, cause no undue hardship to adjoining properties and render no property inaccessible from an existing road or from a proposed road in a subdivision for which a completion bond or similar performance guarantee has been posted.
B. 
Relation to topography. Roads shall be related to and conform as much as possible to the original topography of the site being subdivided. A combination of steep grades and sharp curves shall be avoided.
C. 
Arrangement of roads. To the extent practicable, the arrangement of roads in the subdivision shall provide for the continuation of principal roads of adjoining subdivisions, and for proper projection of principal roads into adjoining properties which are not yet subdivided, by use of temporary stub road/culs-de-sac, in order to make possible necessary fire protection, movement of traffic and the construction or extension of needed utilities and services. Any temporary stub road/cul-de-sac, or other intended through road, shall be constructed wholly to the property line and shall be provided with a temporary turnaround. A note on the subdivision plat shall specify that the land included within the turnaround which is outside the normal road right-of-way shall revert to abutting property owners upon continuation of the temporary stub road/cul-de-sac and shall be regraded and seeded.
D. 
Feeder or service road. In order to maintain the flow and circulation of traffic along roadways, provide improved access to commercial, industrial and residential developments located on or adjacent to roadways, prevent a proliferation of turning movements and segregate local traffic from higher speed through traffic, the Planning Board, where appropriate, may require the construction of a feeder road along an existing or proposed road.
(1) 
The Planning Board, where appropriate, shall:
(a) 
Approve the number, spacing and location of any entrance(s) and exit(s) from the property under review;
(b) 
Require the interconnection of parking areas and land uses via access drives within and between adjacent lots; and/or
(c) 
Require that land uses adjacent to or integrated in a shopping center or cluster of commercial or other facilities shall use common access drives with other establishments in that center or cluster.
(2) 
The Planning Board may grant conditional approval which would allow direct access to the road until such time as the access drive is improved and available, at which time the direct access to the road would be eliminated.
(3) 
The Planning Board shall require written assurance and/or deed restrictions, satisfactory to the Town Board Attorney or Planning Board Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.
E. 
Intersections. Intersections of major roads by other roads shall be at least 800 feet apart, if possible. Cross (four-cornered) road intersections shall be maintained between offset intersections. Within 40 feet of an intersection, roads shall be approximately at right angles, and grades shall be limited to 1 1/2%. All road intersection corners shall be rounded by curves of at least 20 feet in radius at the property line.
F. 
Visibility at intersections. No fences, walls, hedges or other landscaping shall be permitted to obstruct visibility at intersections. The following minimum requirements also apply:
(1) 
Minimum sight distance, measured 12 feet before the intersected street edge of pavement projections at a height of 44 inches, shall be maintained as follows:
Speed Limit
(mph)
Minimum Sight Distance
(feet)
35 or less
250
40
325
45
400
50
475
55
550
G. 
Cul-de-sac road. Cul-de-sac roads shall not be created to provide access to residential lots except in situations where, in the view of the Planning Board, a through road cannot reasonably be provided due to the physical characteristics of the subdivision parcel and adjoining properties.
(1) 
Where a cul-de-sac road is authorized, either as a permanent dead-end road or as a temporary dead-end road pending completion of a through road network, not more than 15 single-family residential lots may gain access from such cul-de-sac road.
(2) 
A cul-de-sac road shall be restricted to a maximum of 10% grade and to a length of 1,500 feet.
(3) 
A turnaround with a right-of-way radius of at least 50 feet and a pavement radius of 30 feet to 40 feet shall be provided at the end of any permanent cul-de-sac or permanent dead-end road. The cul-de-sac shall otherwise be governed by all stated requirements of the Town's Highway Specifications.
(4) 
If the cul-de-sac is a rural lane, as approved by the Planning Board, the stem of the cul-de-sac shall have a maximum right-of-way of 33 feet and shall comply with the standards set forth in Table A for rural lanes.[1]
[1]
Editor's Note: See Subsection H of this section.
H. 
Road design standards.
(1) 
Under certain circumstances, an applicant may construct rural lanes. A rural lane is a private road servicing a subdivision which consists of no greater than 15 residential lots, has a rural character and prohibits further subdivision.
(2) 
Rural lanes shall meet the standards specified in Table A, unless otherwise indicated in the Town Highway Specifications. The road design standards for public roadways are specified in the Town Highway Specifications.
TABLE A
Rural Lane Design Specifications
Street Classification
Rural Lane
Minimum right-of-way width
33 feet
Maximum right-of-way width
33 feet
Minimum clearing width
33 feet1
Minimum grading width
33 feet
Minimum pavement width
18 feet
Minimum grade
1.0%2
Maximum grade
10%
Minimum curb radii
20 feet
Minimum tangent length between reverse curves
___3
Maximum grades within 150 feet of center line intersection
1.5%
Minimum sight distance
150 feet
Minimum distance between center line offsets at road jogs
150 feet
Angle at intersection of road center lines
90°
Minimum foundation course
12 inches thick
Minimum initial pavement
3 coats of oil and stone
Minimum surface (asphalt concrete)
None
Curbs
As required by Planning Board
Sidewalks or nonpaved walkways
As required by Planning Board
Monuments
Yes
Street name signs
Yes
NOTES:
1 The applicant shall clear areas within the limits of the road right-of-way, except for trees designated by the Planning Board to remain intact; stream channels and ditches; and accessways. All roots and stumps shall be grubbed, excavated and removed from these areas.
2 Grades under 1.0% acceptable when approved stormwater drainage facilities are provided.
3 100 feet, except where excessive grades may be reduced to reasonable grades by shortening the tangent.
I. 
Driveways and common drives. The Planning Board shall assure that driveways are suitably laid out to provide safe access to improved roads, taking into consideration the rural character of the Town and the expressed policies of minimizing environmental disruption. Where common drives are used, the Planning Board shall assure that there are no more than four lots accessing from the common drive and that safe access is feasible over the improved common travel way. If such access is acceptable, and legally adequate recorded common drive maintenance agreements are required as conditions of subdivision approval, the Planning Board may approve a subdivision in which lots served by a common drive have road frontage that is not physically suitable for the placement of a driveway. The Planning Board shall require that a statement be placed on the final plat mylar, to be filed in the Dutchess County Clerk's office, that a common driveway has been approved for the subdivision and a maintenance agreement has been filed.
Land for parks and other common open space purposes will be provided, in an adequate amount, in any subdivision of land for residential purposes throughout the Town of Milan. Where applicable, open space areas shall also be provided within commercial sites. However, alternatives to the parkland requirement are described in this section of the Subdivision Regulations.
A. 
Amount of land reserved. In general, the Planning Board shall require that 10% of the total land area within the subdivision be set aside and shown on the plat for park, playground and common open space purposes, including trails and other linkages between neighborhoods. All lands designated on the plat as park, playground or common open space must be deemed suitable for this purpose by the Planning Board based upon overall consistency with the Town Comprehensive Plan and a site-specific analysis of the lands' topographic, geologic, hydrological and locational characteristics. The Planning Board may establish such conditions on the subdivision concerning access, use and maintenance of such park and common open space lands as deemed necessary to ensure the preservation of the lands, in perpetuity, for their intended purposes. Such conditions shall be clearly noted by the licensed land surveyor and/or professional engineer on the plat prior to final plat approval and subsequent recording of the plat in the Office of the Dutchess County Clerk.
B. 
The Planning Board may not require land to be set aside for park, playground or other recreational purposes until the Planning Board or Town Board has made a finding that a proper case exists for requiring that a park(s) be suitably located for these recreational purposes within the Town. Such findings, as specified in § 277 of New York State Town Law, shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town of Milan based on projected population growth to which the particular subdivision plat will contribute.
C. 
Information to be submitted. In the event that an area to be used for park, playground or common open space is required to be shown, the applicant shall submit, prior to final plat approval, to the Planning Board, drawings at a scale of not less than 20 feet to the inch of any portion of such area intended for active recreation or park development, including the following features thereof:
(1) 
The boundaries of said area, giving lengths and bearings of all straight lines, and radii, lengths, central angles and tangent distances of all curves.
(2) 
Existing features, such as streams, ponds, clusters of trees, rock outcrops and structures, existing and proposed.
(3) 
Existing and, if applicable, proposed changes in grade contours of said area and of the area immediately adjacent, for a distance of not less than 100 feet, with such contours to be at an interval of not more than two feet.
(4) 
Plans for improvements of said area, not limited to grading, seeding, fencing, landscaping, the provision of play and related equipment, and the address of conditions relating to the protection of the public health and safety.
(5) 
Plans for pedestrian access to/from parkland or open space areas; including provisions for easements to cover pedestrian access and ownership of easements.
D. 
Payment in lieu of land reservation. In cases where, because of the size, topography or location of the subdivision, or because of the size of the individual lots provided within the subdivision or of the proposed open space, the requirement for land dedication or reservation for parks, playground and other public open space purposes would be deemed unreasonable or undesirable by the Planning Board, the Planning Board shall alternatively require, under § 277 of the New York State Town Law, that a payment be made to the Town Recreation Fund, a special fund established for Town recreation site acquisition and/or improvement, in lieu of such land dedication or reservation within the subdivision. Such recreation payment shall be a condition of approval of the final plat and shall be assessed as a per-lot basis for residential subdivisions; recreation payments shall not be assessed for nonresidential lots. The recreation payment shall not apply to any proposed lot presently developed with a residential structure and legally occupied within the past 12 months for residential purposes. No final plat shall be signed by the Chairperson of the Planning Board until the recreation payment has been received by the Planning Board.
In making determinations regarding the necessity and extent of the provision and installation of required subdivision improvements, the Planning Board shall take into consideration the prospective character, density and uses within the proposed subdivision; whether residential, commercial or industrial uses.
A. 
Improvements. The Planning Board shall require the provision and installation of the following improvements in accordance with New York State Town Law, unless it shall specifically waive in writing any such improvements as the Planning Board considers are not requisite to the interest of public health, safety and general welfare, as provided in Article IX, § 177-33 of these regulations (The Planning Board's authority to waive certain public improvements does not include the option to waive any of the highway specifications for public roads).
(1) 
Parks, playgrounds or other public open spaces of adequate size and location for recreational purposes.
(2) 
Paved roads, roadways, common driveways and driveway aprons.
(3) 
Road signs and posts.
(4) 
Road lighting.
(5) 
Curbs or swales.
(6) 
Sidewalks or nonpaved walkways.
(7) 
Road trees and treatment of buffer areas and other required landscaping.
(8) 
Water supply and fire protection facilities.
(9) 
Sanitary sewage disposal facilities.
(10) 
Storm drainage facilities.
(11) 
Franchise utilities.
(12) 
Seeding and other means of erosion control for all lands within the subdivision tract, including all lots, common areas and rights-of-way.
(13) 
Monuments or other acceptable markers suitably placed and installed.
B. 
Standards for installation. All improvements required by the Planning Board shall be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments or as provided in these Regulations.
C. 
Modification of design of improvements shown on the approved plat. If at any time before or during construction of the required improvements shown on the approved plat it is demonstrated to the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon concurrence of the chairman of the Planning Board, authorize minor modifications which are within the spirit and intent of the Planning Board's approval and do not extend to constitute the waiver or substantial alteration of the function of any of the improvements required by the Planning Board. The Town Engineer shall issue any such authorization under this provision in writing and shall transmit a copy of such authorization to the Planning Board for consideration at its next regular meeting.
D. 
Grading and improvements. Roads shall be graded and improved in accordance with Article V, § 177-25 of these Subdivision Regulations for private rural lanes and specifications in the Town Highway Regulations for public roads. Grading and improvements of all roads except rural lanes shall be approved as to design and specifications by the Town Highway Superintendent and/or Town Engineer. In the case of rural lanes, the Town Engineer shall review plans and specifications to certify that the rural lanes meet the standards set forth in Article V, § 177-23 of these Regulations. Inspection and certification of rural lanes shall be performed by the Town Engineer to verify that the road construction complies with the approved plans and specifications. The inspection and certification of all roads other than rural lanes shall be performed by the Town Highway Superintendent to verify that the road construction complies with the approved plans and specifications.
E. 
Inspection of improvements.
(1) 
At least five business days prior to commencing construction of required improvements, the applicant shall pay to the Town Clerk, for purposes of establishing an escrow account, the inspection fee required by the Town Board. The applicant shall also notify the Town Board in writing of the time when he/she proposes to commence construction of such improvements so that the Town Board may cause such inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities as required by the Planning Board. The inspection fee shall provide reimbursement to the Town for actual direct cost incurred for such engineering services, as specified on the subdivision fee schedule, and the remainder shall be returned. (Refer to § 177-28, Performance guarantees for required improvements.)
(2) 
In order to facilitate inspection of required improvements during construction, the applicant shall notify the Town Engineer at least three working days before reaching each of the following stages of construction:
(a) 
Rough grading complete.
(b) 
Drainage and other underground facilities installed, but prior to backfilling.
(c) 
After gravel base is spread and compacted.
(d) 
When each pavement course is being applied.
(e) 
After completion of all improvements.
(3) 
The applicant shall not proceed to work on any stage subsequent to the first stage until the work of the previous stage has been inspected and approved by the Town Engineer, or a representative who may be duly authorized by the Town Board. In the case of any other improvements, the Town Engineer shall inspect the work at such progressive stages as specified. The Town Engineer shall certify in writing to the Planning Board that the work was inspected and was found to be in accordance with the approved plans and specifications.
F. 
Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance guarantee, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the applicant, he/she shall so report to the Town Board, the Building Inspector and the Planning Board. The Town Board shall then notify the applicant and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the performance guarantee. No plat shall be approved by the Planning Board as long as the applicant is in performance default on any previously approved plat within the Town of Milan.
A. 
Private water supply and sewage disposal facilities. Where public water supply and/or sewage disposal facilities are not available, the Planning Board shall ascertain as a part of subdivision plat review and approval that each prospective lot and dwelling unit may be adequately served by acceptable privately owned water supply and sewage disposal facilities and ensure that all such on-site water supply and sewage disposal facilities shall be designed and installed in accordance with the requirements of the Dutchess County Health Department. To the extent authorized by the Public Health Law and the Dutchess County Health Department, the Planning Board may, in accordance with Article IX of these Regulations, waive this requirement for proposed lots in excess of five acres. Instead, the Planning Board may accept a note on the plat advising of applicable Health Department permit requirements which must be met prior to the issuance of a building permit by the Town of Milan; the note shall also include verification by the applicant's engineer that there is sufficient area on each lot where on-site water supply and sewage disposal facilities can be located.
B. 
Public improvements and utilities.
(1) 
Placement. Underground improvements required by the Planning Board in accordance with Article V, § 177-25, and public franchise utilities shall be placed in the road right-of-way between the road paving and the right-of-way line in order to simplify location and repair of the utility lines. Where topography makes such placement impracticable, perpetual unobstructed easements at least 20 feet in width shall be provided for along lot frontages abutting the road lines, with satisfactory access to the road. Wherever possible, easements shall be continuous from block to block and their layout shall be as regular as possible. Subject to the discretion of the Town Board, an underground public improvement or utility operated for revenue by the Town or by a special district may be installed by the Town on a rural lane, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the road is paved, the applicant shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision.
(2) 
Service connections.
(a) 
Water. Where an appropriate public water main already exists and is physically and legally accessible, the applicant may connect into said main and provide a water connection for each lot in accordance with Article 12 of the New York State Town Law, the Public Health Law and other applicable laws, rules and regulations. Where an appropriate water main does not exist or is not accessible, the applicant shall install, at his/her own expense, such main together with all necessary valves, cutoffs, fire hydrants, pumps, storage tanks, meters and other equipment necessary to make such water system conform to the standards of the Town.
(b) 
Sanitary sewers. Where an appropriate public sanitary sewer system is reasonably accessible physically and legally, the applicant shall install at his/her expense the necessary connections into the system and provide a sewer connection for each lot.
(c) 
Storm drainage system.
[1] 
The applicant shall install all necessary storm drainage sewers and appurtenant facilities at his/her expense, in accordance with standards of the Town and of all authorities having jurisdiction. Where an appropriate storm drainage system is reasonably accessible, the applicant shall make proper connection thereto. Otherwise, the applicant shall provide appropriate means and methods for stormwater runoff satisfactory to the Planning Board and all other authorities having jurisdiction. In either event, the storm drainage facilities provided shall be fully consistent with storm drainage design standards which may be put into effect, and from time to time reviewed and modified, by the Planning Board.
[2] 
The drainage system shall be large enough to accommodate potential runoff from the entire upstream drainage area whether inside or outside of the subdivision. The Town Engineer shall approve the design and size of the drainage facilities based on anticipated runoff from a fifty-year storm under conditions of total potential development permitted by the Zoning Law[1] in the watershed.
[1]
Editor's Note: See Ch. 200.
[3] 
The applicant's engineer shall also study and report on the effect of the subdivision on the existing downstream drainage system outside the area of the subdivision; and this report shall be reviewed by the Town Engineer. When it is anticipated that the additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility during a fifty-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the plat until provision has been made for the improvement of said condition.
C. 
Utility and drainage easements. Where topography or other conditions make inclusion of utilities or drainage facilities within road rights-of-way impractical, perpetual unobstructed easements at least 20 feet in width for such utilities shall be provided across property outside the road lines and with satisfactory access to the road. Ownership of these easements shall be indicated on all reservations and on the final subdivision plat.
D. 
Realignment or widening of existing road. Where the subdivision borders an existing road proposed for realignment or widening, the Planning Board may require that land be reserved on the subdivision plat to permit the proposed improvement to be carried out. Similarly, the Planning Board shall require in its review of any subdivision plat abutting a user/roadway, as defined under § 189 of the New York State Highway Law, the reservation of 24.75 feet from the center line of such user roadway for highway purposes and recommend Town Board acceptance of such land when offered for dedication by the applicant.
E. 
Central water supply and sewage disposal. It is the policy of the Town of Milan that all central sewer and water systems shall be owned and operated by the municipality. It is required as a condition to final approval of the plat that where central sewer and/or water systems are to be installed, an improvement district shall be legally formed or extended. Such systems, with appurtenances, shall be offered for dedication to such districts without cost to the district.
(1) 
Endorsement. The proposed subdivision plat shall be properly endorsed and approved by the Dutchess County Department of Health. Such endorsement and approval shall be secured by the subdivider after approval of the preliminary plat by the Planning Board.
(2) 
Local requirements. Dutchess County Department of Health approval shall constitute only the minimum requirement necessary and, where considered essential by the Board, a public sanitary and/or water system may be required for any subdivision.
(3) 
Ordinance. The requirements contained in the New York State Department of Health Waste Treatment Handbook, as may be amended from time to time, shall apply; and all individual household sewage disposal systems shall be constructed in conformance therewith.
(4) 
Dedication. Such water and sewer mains and systems shall be located in the street rights-of-way or in perpetually unobstructed easements of a width adequate for servicing. Water and sewer mains and systems are to be offered for dedication to the municipality or duly constituted improvement district. Upon acceptance, such water and sewer mains and systems are to be maintained by the municipality.
(5) 
Connections. The developer shall be responsible not only for the laterals within the development, but also for any lines or connections that may be necessary to bring service to the development.
(6) 
Capacity of well. The Planning Board may require that, prior to final approval, the Town Engineer shall determine the capacity of a well to supply a development adequately with water. In order to assure adequate water supply for safety, health and comfort of the residents, a seventy-two-hour test shall be taken, during which time an amount equal to at least 600 gallons per dwelling unit shall be obtained on a sustained basis without significant impact to existing surrounding wells.