A.
Except where specifically defined herein, all words
used in these regulations shall carry their customary meanings. Words
used in the present tense shall include the future. Words used in
the singular number shall include the plural, and words used in the
plural number include the singular, unless the context clearly indicates
the contrary.
B.
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof.
A "building" includes all other structures of every description, except
fences and walls, regardless of dissimilarity to conventional building
forms. The word "lot" includes the word "plot" or "parcel." The word
"person" includes a corporation as well as an individual.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
For the purpose of these regulations, certain
words used herein are defined as follows:
A street which serves or is designed to be used primarily
for fast or heavy traffic.
The Planning Board of the Town of Rosendale.
A street which carries traffic from minor streets to the
major system of arterial streets, including the principal entrance
streets of a residential development and streets for circulation within
such a development.
A street with only one means of vehicular ingress and egress
and with a turnaround at its terminus.
A low barrier, usually along the pavement line of a street,
road or highway, controlling surface drainage and separating vehicular
areas from pedestrian and/or landscaped areas.
An acquired right of use on the property of another.
The duly designated engineer of the Town of Rosendale or,
in lieu of such official, the Superintendent of Highways, the Building
Inspector or the planning consultant or engineer employed by or assigned
to the Planning Board.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Planning Board for approval
and which, if approved, will be submitted to the County Clerk for
recording.
A transfer of property between two adjoining landowners where the property to be transferred has less than the minimum lot area for building purposes as required under Chapter 75, Zoning, of the Code of the Town of Rosendale.
A minor street which is parallel to and adjacent to an arterial
street and which provides access to abutting properties and protection
from through traffic.
A comprehensive plan prepared by the Planning Board, which
plan indicates the general location recommended for the various functional
classes of public works, places and structures and for the general
physical development of the Town of Rosendale and includes any unit
or part of such plan separately adopted and any amendment to such
plan or parts thereof.
A street intended to serve primarily as access to abutting
properties.
The date when a preliminary plat or final plat, including all required data set forth in Article V of these regulations, and documentation required pursuant to the State Environmental Quality Review Act, is determined to be "complete" by the Town of Rosendale Planning Board.
A map established by the Town Board under § 270
of the Town Law, showing streets, highways and parks theretofore laid
out, adopted and established by law and any amendment thereto adopted
by the Town Board or additions thereto resulting from approval of
subdivision plats by the Planning Board and the subsequent filing
of such approved plats.
A preliminary drawing showing the proposed layout of a subdivision
that is submitted to the Planning Board for its review prior to preliminary
approval.
A freehand sketch made on a topographic survey map showing
the layout of streets, lots and other features of proposed subdivision
in relation to existing conditions.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane or place or however otherwise designated.
The wearing or exposed surface of the roadway used by vehicle
traffic.
A street that serves two or more lots, which is not under
the jurisdiction of the Town of Rosendale or any other government
agency, and is maintained by agreement amongst the owners of all lots
having frontage on, and having a right of access to, such street.
A "common driveway" shall be construed as a private street.
The width of the right-of-way or the distance between property
lines on the opposite sides of a street.
Any person, firm, corporation, partnership or association
which shall lay out, for the purpose of development and/or sale, any
subdivision, as defined herein, either for himself or itself or for
others.
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 transfer of ownership or building development. Such
division shall include resubdivision of plats already filed in the
office of the County Clerk if such plats are entirely or partially
undeveloped.
MINOR SUBDIVISIONAny subdivision containing not more than two lots, each of at least the minimum size, as permitted by Chapter 75, Zoning, and each fronting on an existing public street; not involving any new street or road or extension of 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.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision. A proposed subdivision involving the further division of a parcel previously approved as part of a minor subdivision shall be considered a major subdivision if submitted to the Planning Board for approval within a period of one year from the date of the previous minor subdivision approval, unless the subdivider can demonstrate to the satisfaction of the Planning Board, by means of a sketch plan indicating the layout of the entire tract, that such further subdivision will not adversely affect the development of the remainder of the parcel or adjacent properties.
