A.Â
By resolution adopted on September 4, 1962, by the
Town Board of the Town of Union Vale, Dutchess County, New York, the
Planning Board of the Town of Union Vale has the authority to approve,
approve with conditions and disapprove plats for subdivision within
the Town of Union Vale and to assume all other powers and duties as
prescribed by the Town Law, Chapter 62 of the Consolidated Laws of
the State of New York. All subdivision plats hereinafter submitted
to the Planning Board for approval shall be governed by and subject
to the provisions of these regulations.
B.Â
A comprehensive amendment of these regulations was
adopted by the Planning Board of the Town of Union Vale on January
20, 1988, and approved by the Town Board on February 24, 1988.
A.Â
It is declared to be the policy of the Town of Union
Vale Planning Board to consider land subdivision plats as part of
a plan for the orderly, economic and efficient future growth and development
of the Town consistent with its rural character and the continuing
needs of its people for enjoyable open space.
B.Â
The following objectives shall guide the Planning
Board's decisions as related to the public health, safety and welfare:
(1)Â
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.
(2)Â
Proper provision shall be made for water supply, drainage,
sewage and other needed improvements and utilities.
(3)Â
All proposed development shall be so designed as to
be in harmony with the development pattern of adjacent and neighboring
properties.
(4)Â
Proposed streets shall compose a convenient system
conforming to the Town Master Plan and shall be of such width, grade
and location as to accommodate present and prospective traffic.
(5)Â
All development shall be designed to facilitate adequate
fire and emergency protection and provide access for firefighting
and related equipment.
(6)Â
Proper provision shall be made for permanent reservations
of open spaces for parks and playgrounds and for the protection of
natural drainage and significant historical and environmental features.
(7)Â
Future development shall bear a fair share of the
capital costs to the Town for public improvements necessary to service
such new development.
(8)Â
All development and related reservations of land shall
be in harmony with the Town Master Plan and Dutchess County land use
policies as reflected in Directions and Greenway Connections.
[Added 11-7-2002 by L.L. No. 7-2002]
(9)Â
All review under this chapter shall be coordinated,
to the extent practicable, with involved agencies at the county, state
and federal levels and with other local officials, boards and committees
to ensure consistent, well-informed decision-making.
[Added 11-7-2002 by L.L. No. 7-2002]
For the purpose of these regulations, certain
words and terms used herein are defined as follows:
That representative or those representatives of the Planning
Board, either member, employee or consultant, who shall be designated
to perform the duties of the Clerk of the Planning Board for purposes
of these regulations.
An easement, covenant, restriction or other interest in real
property created under the provisions of § 247 of the General
Municipal Law and/or the provisions of Article 49, §§ 49-0301
through 49-0311 of the Environmental Conservation Law, which limits
or restricts development, management or use of such real property
for the purpose of preserving or maintaining the scenic, open, historic,
archaeological, architectural or natural condition, character, significance
or amenities of the real property. Any such conservation easement
shall provide that the Town of Union Vale, if not the grantee, shall
be the contingent holder and third party enforcer of the easement
should default occur by the initial holder of the easement.
[Added 11-7-2002 by L.L. No. 7-2002]
Consecutive calendar days unless otherwise specified.
[Added 11-7-2002 by L.L. No. 7-2002]
That licensed professional engineer, either employee or consultant,
who shall be chosen by the Planning Board to perform the duties of
the designated Town Engineer for purposes of these regulations.
A private way situated within a lot for vehicular traffic,
providing access from a street to a single dwelling or a commercial
premises. "Common driveway" is the term employed to identify a like
facility which provides shared access to two or more such dwellings
or commercial premises.
[Added 11-7-2002 by L.L. No. 7-2002]
An acquired right of use on the property of another, for
a specified purpose on a designated part of that property.
A person licensed as a professional engineer by the State
of New York.
The Environmental Conservation Law of the State of New York,
Chapter 43-B of the Consolidated Laws.
[Added 11-7-2002 by L.L. No. 7-2002]
A physical change to the land or installation of certain
services necessary to produce usable and desirable lots or sites from
raw acreage, including but not limited to water and sewers, recreation
and open space areas, grading, pavement curbs, gutters, storm sewers
and drains and betterments to existing watercourses, sidewalks and
other pedestrianways, street signs, shade trees, sodding or seeding
and monuments, whether such improvement is intended to be dedicated
and maintained by the public or held in private ownership.
A comprehensive plan for the general physical development
of the Town of Union Vale, Dutchess County, New York, as adopted by
the Town Board in October 2001 pursuant to § 272-a of the
Town Law, and as may from time to time be amended.
[Amended 11-7-2002 by L.L. No. 7-2002]
The map which may be established by the Town Board under
§ 270 of the Town Law showing streets, highways and parks
and drainage theretofore laid out, adopted and established by law,
and any amendments thereto adopted by the Town Board or additions
thereto resulting from the approval of subdivision plats by the Planning
Board and the subsequent filing of such approved plats.
The Planning Board of the Town of Union Vale, Dutchess County,
New York.
That professional planning consultant, who shall be a member of the American Institute of Certified Planners, and who shall be chosen by the Town Board upon recommendation of the Planning Board to assist in the review of project-specific applications and advise on the administration of this chapter and related requirements, including those set forth under either Chapter 210, Zoning, of the Code of the Town of Union Vale or SEQRA.
[Added 11-7-2002 by L.L. No. 7-2002]
The map of a subdivision showing the location, boundaries
and proposed ownership of both individual and common properties and
associated supporting improvements.
[Added 11-7-2002 by L.L. No. 7-2002]
The maps, drawings and other data showing the layout of a proposed subdivision, as specified in § 192-22 of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout and improvements within such proposed subdivision.
A meeting of the Town Planning Board, generally held on a
monthly basis, as set forth on an annual calendar adopted by the Planning
Board and posted in the manner required under the Open Meetings Law,[1] which calendar may be supplemented from time to time by
individually noticed special meetings.
[Added 11-7-2002 by L.L. No. 7-2002]
A designation provided within Article III, § 210-10, of Chapter 210, Zoning, which determines on the basis of platting procedure, lot configuration and/or intended use whether a proposed subdivision under this chapter is a permitted, special permitted or prohibited use under Chapter 210, Zoning.
[Added 11-7-2002 by L.L. No. 7-2002]
Any change in the plat of a subdivision which has been previously
filed in the Dutchess County Clerk's office, which change affects
any street layout shown on such plat, affects any area reserved thereon
for public use or open space purposes, or diminishes the area of any
lot shown thereon.
[Amended 11-7-2002 by L.L. No. 7-2002]
The distance an object 18 inches above the pavement, e.g.,
a taillight, is visible from an eye level 54 inches above the pavement,
i.e., an average seated driver's eye level.
[Added 11-7-2002 by L.L. No. 7-2002]
A sketch of a proposed subdivision showing the information
required by these regulations, to enable the subdivider to save time
and expense in reaching general agreement with the Planning Board
as to the form of the layout and the objectives of these regulations.
A sketch plat shall be drawn to scale but need not have the accuracy
of an engineering drawing.
A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, artery, avenue, boulevard, lane, place, drive or however otherwise designated, which is an existing public way or a way shown upon a subdivision plat approved by the Town Planning Board as provided by these regulations, or on a plat duly filed and recorded in the office of the Dutchess County Clerk. For characterization of specific street types, please refer to Chapter A215 of the Code of the Town of Union Vale.
The wearing or exposed surface of the roadway used by vehicular
traffic, i.e., the traveled way.
The width of the right-of-way or the distance between property
lines on opposite sides of a street, measured at right angles to the
center line of such street.
Any person, firm, corporation, partnership or association
which shall lay out for the purpose of development, sale or lease
any subdivision as defined herein, either for himself, itself or for
others.
[Amended 11-7-2002 by L.L. No. 7-2002; 1-8-2004 by L.L. No. 1-2004; 2-4-2010 by L.L. No. 10-2010]
For purposes of this chapter, and consistent with the provisions of Town Code Chapter 210, Zoning, the term "subdivision" shall include any of the following actions:
The division of any parcel of land into two or more lots, plots,
sites or other division of land for the purpose, whether immediate
or future, of lot line alteration, transfer of ownership, lease for
other than recreation, conservation or agricultural purposes, or building
development.
The resubdivision of any parcel of land for which an approved
plat has already been filed in the Dutchess County Clerk's office
and which is entirely or partially undeveloped.
Reinstatement of any subdivision approval that may have expired
for reasons including but not limited to the imposition of a "sunset"
or like provision by either the Planning Board or the Dutchess County
Health Department or the failure of the subdivider to complete required
improvements in a manner pursuant to, and consistent with, the terms
of the Planning Board's approval and pertinent provisions of Town
Law related to either project phasing, i.e., filing of a plat in sections,
or posting and satisfaction of performance guaranties.
For the purposes set forth herein, any such subdivision shall be classified as to scale and nature of improvements as either a "minor subdivision" or a "major subdivision" as set forth below and as to "residential subdivision or other land development technique" pursuant to Town Code Chapter 210, Zoning.
LOT CONSOLIDATIONA type of minor subdivision resulting in the merger in their entirety of two or more lots as depicted on a filed subdivision plat or otherwise set forth on the Town real property tax map. The effect of lot consolidation might be considered "reverse subdivision."
LOT LINE ALTERATIONA type of minor subdivision resulting in any other modification in either the boundary of an existing, legally established lot or in deeded easement providing for driveway access to the lot access which neither results in the creation of any new lot nor either creates or increases any noncomplying condition with respect to any area and bulk or other dimensional requirement established by Chapter 210, Zoning, or other regulations administered by the Dutchess County Health Department, the New York State Uniform Fire Prevention and Building Code, or other pertinent law, rule or regulation.
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each of at least the minimum lot area and dimension required by Chapter 210, Zoning, each fronting on an existing street or road and gaining access from such existing street or road via an individual driveway demonstrated to be in conformance with the design standards referenced at § 210-25 of the Town Zoning Code and set forth within Town Code Chapter 111, Driveways, not involving any new public or private street or road or the extension of any Town or other municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties and not in conflict with any provision or portion of the Master Plan, the Official Map, Chapter 210, Zoning, or this chapter.
MAJOR SUBDIVISIONAny subdivision not classified as lot consolidation, lot line alteration or a minor subdivision, including but not limited to subdivisions of five or more lots, or any subdivision including a common driveway, requiring any new street or road or extension thereof, whether intended to be public or private, or any extension of any other Town or other municipal facilities.
The final maps, drawings and charts on which the subdivider's
plan of subdivision containing all information or detail required
by law and by these regulations is presented to the Planning Board
for approval, and which, if approved, shall be submitted to the Dutchess
County Clerk for filing or recording in order to complete the subdivision
approval process.
The duly elected Town Superintendent of Highways.
A person licensed as a professional land surveyor by the
State of New York.
The Town Board of the Town of Union Vale, Dutchess County,
New York.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
[Added 11-7-2002 by L.L. No. 7-2002]
Chapter A215, Street Specifications, of the Code of the Town of Union Vale.
[Added 11-7-2002 by L.L. No. 7-2002]
A period of time marked by the passage of any 12 consecutive
calendar months.
[Added 11-7-2002 by L.L. No. 7-2002]
The officially adopted Zoning Law of the Town of Union Vale, together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Law, which Zoning Law is set forth as Chapter 210 of the Code of the Town of Union Vale.
[Amended 11-7-2002 by L.L. No. 7-2002]
[1]
Editor's Note: See Public Officers Law § 100
et seq.
