As used in this chapter, the following terms
shall have the meanings indicated:
A street which serves or is designed to be used primarily
for fast or heavy traffic.
A structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 16 feet between under copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening. Refer to § A197-78, Bridge/underpass/overpass, in the Town Highway Specifications for additional requirements.
[Added 2-27-2014 by L.L. No. 1-2014]
A subdivision plat or plats, approved pursuant to Town Law
§ 278 and the provisions of the Town of East Fishkill Code,
in which the Zoning Law is modified to provide an alternative permitted
method for the layout, configuration and design of lots, buildings
and structures, roads, utility lines, and other infrastructure, parks,
and landscaping in order to preserve the natural and scenic qualities
of open lands.
[Added 11-14-2002 by L.L. No. 7-2002]
A street which carries traffic from minor streets to the
major system of arterial streets; the principal entrance and circulation
streets within a development.
Approval by a Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving
such plat. Such conditional approval does not qualify a final plat
for recording nor authorize issuance of any building permits prior
to the signing of the plat by a duly authorized officer of the Planning
Board and recording of the plat in the office of the County Clerk
or Registrar as herein provided.
[Added 6-14-2001 by L.L. No. 3-2001]
A dead-end street or a portion of a street having only one
vehicular outlet.
A dwelling unit having common walls with two or more other
dwelling units. In cluster subdivisions, attached unit structures
shall not exceed four units.
[Added 3-28-1985 by L.L. No. 6-1985]
A dwelling unit which has a common wall, floor or ceiling
with only one other dwelling unit.
[Added 3-28-1985 by L.L. No. 6-1985]
Authorization by a property owner for the use by another,
for a specified purpose, of any designated part of his property.
A drawing, prepared in the manner prescribed by this code,
that shows a proposed subdivision, containing in such additional detail
as required in this code all information required to be shown on a
preliminary plat and the modifications, if any, required by the Planning
Board at the time of approval of the preliminary plat, if such preliminary
plat has been so approved.
[Added 6-14-2001 by L.L. No. 3-2001]
The signing of a plat in final form by a duly authorized
officer of a Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the County Clerk or Registrar in the county in which such plat
is located.
[Added 6-14-2001 by L.L. No. 3-2001]
A lot which has its buildable area (the so-called "flag")
located behind another lot, either existing or proposed, and which
derives access by means of a narrow strip of land (sometimes referred
to as "the flagpole") which has frontage on a street. A flag lot allows
the potential for the creation of two lots, one generally behind the
other, which derive access from the same street.
[Added 11-14-2002 by L.L. No. 9-2002]
See “flag lot.”
[Added 11-14-2002 by L.L. No. 9-2002]
All subdivisions not classified as minor subdivisions or
any size subdivision requiring any new street or extension of municipal
facilities.
[Added 2-27-2014 by L.L. No. 1-2014]
A street intended to serve primarily as an access to abutting
residential properties.
Any subdivision intended for residential development containing not more than five lots, consisting of a total acreage not in excess of 10 acres, in any residential district, fronting on an existing street not involving any new street or road or extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or any adjoining property and not in conflict with any provision or portion of Chapter 194, Zoning, the Town Comprehensive Plan or the Official Map, if such exists, or these regulations. No parcel may be divided more than once as a minor subdivision in a five-year period, and each shall be subject to the provisions of § 272-a of the Town Law. No lot previously approved and filed within three years and one day of subsequent application may be considered under the minor subdivision provisions of these regulations.
[Added 2-27-2014 by L.L. No. 1-2014]
The map and any amendments thereto adopted by the Town Board
under § 270 of the Town Law or by the county under § 239-h
of the General Municipal Law.
The date when a sketch plan, a preliminary plat or a subdivision
plat shall be considered submitted to the Planning Board, hereby defined
to be the date of the meeting of the Planning Board at least 10 days
after all required surveys, plans and data have been submitted.
The Town of East Fishkill Planning Board.
A drawing prepared in the manner prescribed in this code
showing the layout of a proposed subdivision including, but not restricted
to, road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at suitable scale and in such detail as this code
requires.
[Amended 6-14-2001 by L.L. No. 3-2001]
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat, but subject to the approval of the plat
in final form in accordance with the provisions of this code.
[Added 6-14-2001 by L.L. No. 3-2001]
A change in a subdivision plat previously approved and filed
in the County Clerk's office, which change
[Amended 6-14-2001 by L.L. No. 3-2001]
A freehand sketch made on a topographic survey map, showing
the proposed subdivision in relation to existing conditions.
The wearing or exposed surface of the roadway used by vehicular
traffic.
A right-of-way for vehicular traffic, including road, avenue,
lane, highway or other way.
The distance between property lines.
Any person, firm, corporation, partnership, association or
other entity who shall lay out any subdivision, or resubdivision,
or part thereof, either on behalf of himself or for another or others.
[Amended 6-14-2001 by L.L. No. 3-2001]
The division of any parcel of land into two or more lots,
plots, or sites, with or without streets or highways, for the purpose,
with respect to any portion of the original parcel, of immediate or
future development, or for the immediate or future sale, lease or
any other transfer of any interest in any portion of such original
parcel. The term "subdivision" shall include a resubdivision.
[1]
[Amended 6-14-2001 by L.L. No. 3-2001]
The duly elected Town Superintendent of Highways or other
such authorized official.
A comprehensive plan for the development of the Town as prepared
by the Planning Board pursuant to § 272-a of the Town Law,
which includes the general locations recommended for various public
works and reservations and for the general physical development of
the Town, and includes any part of such plan separately adopted and
any amendment to such plan or parts thereof.
[1]
Editor's Note: The definition of "subdivision
plat," which immediately followed this definition, was deleted 6-14-2001
by L.L. No. 3-2001.
