2013-06-21 (2)Town of ~1'oughkeepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
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OFFICEOFTOWNCLERK
PHONE: (845)485-3620
FAX: (845) 485-8583
June 21, 2013
Dutchess County Dept. of Planning
Dutchess County Legislature
Town Planning Board
Town Zoning Board
Town Clerk, Town of Pleasant Valley
City Clerk, Poughkeepsie, New York
Town Clerk, Town of Lagrange
Town Clerk, Town of Hyde Park
Town Clerk, Town of Wappiriger
Town Clerk, Village of Wappingers Falls
Town Clerk, Town of Marlborough
Town Clerk, Town of Lloyd
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law
that the Town Board, Town of Poughkeepsie does hereby set Wednesday, July 24th, 2013 at
7:00 p.m. as and for the time, date and place of a public hearing to amend Article III, Section
177-15, of the Town Code which would modify the existing language in regard to the
calculation of maximum residential density for both major subdivisions and minor
subdivisions
Please find copies of Resolution 6:19-#SC2 of 2013 and also the Public Hearing notice for your
review and recommendation.
Sincerely, -
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,Felicia Salvatore
Deputy Town Clerk .
Town of Poughkeepsie
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RESOLUTION 6:19 - #5C ~ of 2013
Town of Poughkeepsie Town Board
Amendment to Chapter 177, Subdivision Law
WHEREAS, the Town Board has received a communication from the Director of
Municipal Development regarding amendment of Article III, Section 177-15, of the Town Code;
and
WHEREAS, a copy of the proposed amendment is attached hereto and incorporated
herein and the Town Board does hereby waive a verbatim reading of said amendment and does
direct that said amendment be spread across the record as if it, in fact, had been read verbatim;
and
WHEREAS, the amendment would modify the existing language in regard to the
calculation of maximum residential density for both major subdivisions and minor subdivisions;
and
WHEREAS, the action to amend the Subdivision Law is an Unlisted Action under the
New York State Environmental Quality Review Act; and
WHEREAS, the Town Board has determined that the proposed amendment must be
referred to the Town Planning Board for review and recommendation; and
WHEREAS, the amendment requires a public hearing.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby states that because only the Town Board can consider and adopt
changes to the Town Code that it is the only involved agency, and the Boazd hereby
declares that it is the Lead Agency fox purposes of coordinating the environmental review
of this matter pursuant to Article 8 of the Environmental Conservation,Law; and
2. The Town Board hereby sets a public hearing on the proposed amendment for July 24,
2013, at 7:00 PM, or as soon thereafter as the matter may come to be heazd, in the Town
Hall, One Overocker Road, Poughkeepsie, New York; and
3. The Town Boazd refers this matter to the Town Planning Board for a recommendation
pursuant to Chapter 177; and
4. The Town Board directs the Town Clerk to notify the Clerks of the surrounding
municipalities of the public hearing pursuant to GML 239-nn.
Dated:
Moved
Second
Ayes _~_ Nays
NW/meh
t-6/19/2013
m-6/19/2013
G:\~nllegal\r\2013UuneUunel9\Subdivision Law ?.mendment 061913.doc
AYE NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
www. to~wnofpoughkeepsie. com
BE IT ENACTED by the Town Board of the Town of Poughkeepsie
1. Article III, Section 177-15, "Maximum density calculation for a major subdivision" is
amended as follows
§ 177-15. Maximum density calculation for a minor or a major subdivision.
A) Maximum Density Unit calculation. The maximum number of Density Units (i.e.
units per acre or "DU") in a minor or a major subdivision shall not exceed the
maximum allowable DU, as calculated below, for the district in which the property is
located prior to the application of any incentive densities pursuant to §210-76 of
Chapter 210. Any regulations contained in this Chapter and in Chapter 210
restricting the number of dwelling units permitted in a conventional subdivision
shall also restrict the number of dwelling units permitted in a cluster development.
The maximum DU for a minor or a major cluster subdivision shall not exceed the
maximum DU for a minor or a major conventional subdivision of the same lot.
B) The calculation of Buildable Yield ("BY") for a minor ox a~ major subdivision shall
be based on the following formula which shall be applicable to all minor or major
subdivisions as defined in this Chapter and in Chapter 210. The Buildable Yield
shall be used to determine the number of Density Units ("DU") that can be
constructed on the site pursuant to the area, yard and bulk chart. The Buildable
Yield shall be calculated in one of two ways
1) Yield Sketch Plan. This calculation requires the preparation of a Sketch Plan in
accordance with the standards of this Chapter, containing proposed lots, streets,
rights-of-way, sewage disposal system and water supply locations and setbacks,
easements, and parkland areas. If the parcel is not proposed for connection to
central sewage disposal facilities the calculation shall also include an assessment
and certification by a Professional Engineer as to the suitability of the soils to
accommodate individual sewage disposal systems. The Sketch Plan shall be
based on a topographic and boundary survey of the property showing the site
conditions as of the time the Planning Board conducts its review. The
topographic information shall include contours at not less than two foot intervals
as well as the location of wetlands and wetland buffer areas based on a current
field delineation; streams, water bodies and associated buffer areas; significant
trees and tree clusters; and rock outcrops unless otherwise waived by the
Planning Board. The Planning Board, in its sole discretion shall determine
whether the Yield Sketch Plan is realistic and reflects a development pattern
and DU calculation that may reasonably be implemented.
2) Formula Calculation. This calculation requires that the BY is determined by
subtracting the Constrained Land areas of the property (i.e. Town, NYSDEC and
USACOE regulated wetlands, and lands within the 100 year Flood Plain area,
and steep slope areas of greater than 25%) for which the applicant has not
secured and has not submitted to the Planning Board permits or approvals that
would allow development in such Constrained Land areas, and the areas
required for public improvements (i.e. roads, sidewalks, storm water
management facilities, etc.), as follows
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Where
T = Total acreage inside the boundary lines of the project parcel.
W = Total acreage inside the boundary lines of the project parcel and
within a Town, a NYSDEC, or a USACOE regulated wetland
(exclusive of any buffer area).
F = Total acreage inside the boundary lines of the project parcel and
within the 100 Year Flood Plain area where the base elevations
and flood hazard are determined exclusive of any flood area
within a regulated town, state or federal wetland.
S = Total acreage inside the boundary lines of the project parcel and
containing slopes of 25 percent or greater.
I = Total acreage of required public improvements (i.e. roads,
sidewalks, storm water management facilities).
BY = Maximum number of acres that can be developed and that form
the basis for determining the maximum number of residential
dwellings that may be created per the area, yard and bulk chart.
b) The BY calculation set forth above shall be adjusted to include, in whole or in
part, the Constrained Land area(s) for which the applicant has secured the
necessary permits or approvals from applicable local, state or federal
agencies authorizing development in such area(s) and has submitted copies of
said permits or approval to the Planning Board. If the parcel is not proposed
for connections to central sewage disposal facilities the plan shall also include
an assessment and certification by a Professional Engineer as to the
suitability of the soils to accommodate individual sewage disposal systems.
The Planning Board in its sole discretion shall determine whether the plan is
realistic and reflects a development pattern that could reasonably be
implemented.
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LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 24th day of July, 2013 at 7:00 p.m: at the Town of Poughkeepsie,
Town Hall, One Overocker Road, Poughkeepsie, NY, as and for the time, date and place
of a public hearing to amend Article III, Section 177-15, of the Town Code which would
modify the existing language in regard to the calculation of maximum residential density
for both major subdivisions and minor subdivisions
AND ALSO PLEASE TAKE FURTHER NOTICE, that the said proposed local
law is available in full form at the Town Clerk's Office, One Overocker Road,
Poughkeepsie, NY, Monday thru Friday between the hours of 8:00 AM-4:00 PM
AND ALSO PLEASE TAKE FURTHER NOTICE, that said local law, if
adopted, shall take effect immediately upon filing with the Secretary of State.
Susan J. Miller, Town Clerk
Town of Poughkeepsie
June 21, 2013