[Amended 4-5-1990 by L.L. No. 3-1990; 11-7-2002 by L.L. No.
7-2002]
Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify to the extent provided within Chapter 210, Zoning, applicable provisions of said law in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure utilized by the Planning Board in reviewing applications for approval of a cluster subdivision within the Town of Union Vale:
A.
Application of cluster subdivision technique. A subdivider may request on his own initiative, or the Planning Board may require, the use of § 278 simultaneously with, or subsequent to, the presentation of the sketch plat as per the procedure described in § 192-5. Any such request by the applicant subsequent to the approval of a preliminary plat shall, however, require a reapplication for sketch plat review.
B.
Sketch plat.
(1)
A subdivider shall present, along with a proposal in accordance with the provisions of Town Law § 278, a standard sketch plat which is consistent with all the criteria established by this chapter, including lots being fully consistent with Chapter 210, Zoning.
(2)
Upon review of the standard sketch plat, the Planning Board shall, by resolution, determine the number of lots that could be accommodated on the land under a conventional subdivision approach and, thus, except as may be increased for the incorporation of affordable housing units pursuant to Chapter 210, Zoning, the maximum number of lots or dwelling units that would be authorized through application of the cluster subdivision concept. The Planning Board shall further prescribe any criteria regarding varying setbacks, lot areas and building types that must be incorporated in the cluster plat.
[Amended 2-4-2010 by L.L. No. 10-2010]
C.
Lands for park, recreation, open space or other community
purposes.
(1)
If the application of this procedure results in a
sketch plat showing lands available for park, recreation, open space
or other community purposes directly related to the plan, then conditions
as to the long-term ownership, use and maintenance of such lands as
are necessary to assure the preservation of such lands for their intended
purposes shall be set forth upon discussion with the Planning Board.
(2)
The following minimum standards shall be strictly
met:
(a)
The open space land shall be shown on the plat
and shall be labeled in a manner to indicate that such land is not
to be platted for building lots and is permanently reserved for open
space purposes.
(b)
A perpetual conservation easement, leaving the
land forever wild or limiting the use of such land to agricultural,
managed forest land, passive recreational or open space use and prohibiting
residential, industrial or commercial use of such open space land,
pursuant to § 247 of the General Municipal Law and/or §§ 49-0301
through 49-0311 of the Environmental Conservation Law, shall be granted
to the Town, with the approval of the Town Board, or to a qualified
not-for-profit conservation organization acceptable to the Planning
Board. Such connection easement shall be reviewed and approved by
the Planning Board and be required as a condition of plat approval
hereunder, shall not be amendable to permit commercial, industrial
or residential development and shall be recorded in the Dutchess County
Clerk's office simultaneously with the filing of an approved cluster
subdivision plat.
(c)
Open space land may be owned in common by a
homeowners' association, dedicated to the Town, or held in private
ownership, subject to a permanent conservation easement. If owned
by a homeowners' association, the common opens space land shall be
protected by conservation easement from future subdivision and development.
The Planning Board shall assure that proper provision has been made
for the ownership and maintenance of the open space land. Ownership
shall be structured in such a manner that real property taxing authorities
may satisfy property tax claims against the open space lands by proceeding
against all individual owners in the homeowners' association and the
dwelling units, they each own. Ongoing maintenance standards shall
be established, enforceable by the Town against an owner of open space
land, as a condition of the subdivision approval, to assure that the
open space land does not detract from the character of the neighborhood.
D.
Plat submission. Upon determination that such sketch
plat is suitable for the procedures under Town Law § 278
and subsequent resolution by the Planning Board authorizing the subdivider
to proceed, whether pursuant to his request or upon a Planning Board
directive mandating the use of the cluster subdivision technique due
to the character of the particular parcel, a preliminary plat meeting
all of the requirements of the resolution may be presented to the
Planning Board, and thereafter the Planning Board shall proceed with
the required public hearing(s) and all other requirements of these
regulations.
E.
Filing; notation on Zoning Map. On the filing of a
final plat in the office of the Dutchess County Clerk in which Town
Law § 278 has been used, the subdivider shall file a copy
with the Town Clerk who shall make appropriate notations and reference
thereto on the Town Zoning Map.[1] The Clerk of the Planning Board shall notify the Building
Inspector when such a subdivision plat is filed.
