A.
Words used in the present tense include the future.
B.
Words used in the singular number include the plural,
and words used in the plural number include the singular, unless the
context clearly indicates the contrary.
C.
The word "shall" is always mandatory. The word "may"
is permissive.
D.
A "building" or "structure" includes any part thereof.
"Building or other structure" includes all other structures of every
description, regardless of similarity to conventional building forms.
E.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
F.
The word "person" includes a corporation as well as
an individual.
G.
The word "lot" includes the word "plot" or "parcel."
H.
The words "he," "his," "him" or other masculine forms
shall also include "she," "hers," "her" or other feminine forms.
As used in this chapter, the following terms
shall have the meanings indicated:
A landowner, developer or subdivider, or a duly authorized
agent acting on behalf of a landowner, developer or subdivider, as
hereinafter defined, who has filed an application for subdivision
plat approval, including heirs, successors and assigns.
A planned development or a subdivision plat or plats, approved
pursuant to this chapter, in which the applicable zoning regulation
is modified to provide an alternative permitted method for the layout,
configuration, size 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.[1]
The Comprehensive Plan, prepared by the Planning Board pursuant
to the Town Law, which indicates the general locations recommended
for the various functional classes of public works, places and structures
and for the general physical development of the Town of Stillwater,
and includes any unit or part of such plan separately adopted and
any amendment to such plan or parts thereof. A copy of the Town's
Comprehensive Plan, dated November 19, 1998, is kept on file with
the Clerk of the Planning Board.
An open linear depression, whether man-made or natural, for
the collection and drainage of surface water. It may be permanently
or temporarily inundated.
A grant of the right to use a strip of land for specific
purposes.
A person licensed as a professional engineer by the State
of New York.
The individual elected to the position of Superintendent
of Highways for the Town of Stillwater.
A letter, taken out by the owner from a bank, which guarantees
the Town that a specific amount of money will be kept available for
the completion of the subdivision construction, to be drawn on only
by the Town.
Any alteration of lot lines or dimensions of any lots or
sites shown on a plat previously approved and filed in the office
of the Saratoga County Clerk or any alteration of lot lines or dimensions
of any lots of sites not previously approved by the Planning Board.
[Added 11-5-1998 by L.L. No. 6-1998]
Those parcels of land intended for development as indicated
on the subdivision plan.
FRONTAGEFor lots, the length of the boundary of the lot as it runs along a public street. The term frontage shall refer only to that portion of the line having complete access to the street.
DOUBLE-FRONTAGE LOTSLots with the rear and front lot lines each abutting existing or proposed streets.
REVERSE-FRONTAGE LOTSLots with the rear lot line abutting an existing or proposed street.
INTERIOR LOTA lot enclosed on all sides by other lots and not abutting a public street.
FLAG LOTA building site which is located behind the frontage lot and connected by a strip of land to the street for an access drive. A flag lot may result from the division of a lot on a parcel which is more than twice as large as the minimum allowed in the underlying zoning but without sufficient frontage to allow two dwellings to front along a street. There are two distinct parts to a flag lot: the "flag," which is the actual building site located on the rear portion of the original lot, and the "pole," which provides access from a street.
The map, established or to be 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
this chapter and any subdivision plots approved by the Planning Board
and the subsequent filing of such approved plots.
The same as Comprehensive Plan.
A parcel in existence at the time of first adoption of this
chapter.
Shall be considered to be the date of the first regular Planning
Board meeting following which such surveys, plans, documents and applications
are first filed with the Code Enforcement Officer and are deemed complete.
The owner of the title to real property or land proposed
to be subdivided.
An obligation, in writing, under seal, issued by a surety
company satisfactory to the Town Board, binding the obligor to pay
a sum of money to the Town if the obligor fails to satisfactorily
install and/or maintain improvements as required under § 277,
Subdivision 1, of the Town Law, as amended. The performance bond amount
will be determined by the Planning Board. It will be based upon recommendations
of the Town Highway Superintendent and the Town Engineer. The performance
bond must be acceptable to and approved by the Town Board.
The Planning Board of the Town of Stillwater.
A drawing upon which a subdivider indicates the subdivision.
There are both preliminary plats and final plats.
PRELIMINARY PLATA drawing, prepared in a manner prescribed by this chapter, 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 a suitable scale and in such detail as local regulation may require.
FINAL PLATA drawing, prepared in a manner prescribed by this chapter, that shows a proposed subdivision, containing, in such additional detail as shall be provided by this chapter, 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.
PRELIMINARY PLAT APPROVALThe approval by the Planning Board 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 chapter.
CONDITIONAL APPROVAL OF A FINAL PLATApproval by the Planning Board of a final plat contingent upon provisions set forth by the Planning Board in a resolution being fulfilled before final approval is given for the plat. Such conditional approval does not qualify a final plat for recording of the plat in the office of the County Clerk or Register as herein provided.
FINAL PLAT APPROVALThe approval of a plat in final form by a duly authorized officer of the 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 Saratoga County Clerk's office.
Refers to paving, utility and miscellaneous construction
in public rights-of-way or easements, as shown on a subdivision development
map, and not privately owned construction covered by building permits.
The process whereby a plat is analyzed by the Planning Board.
PRELIMINARY REVIEWRefers to the complete process of reviewing a preliminary submission and issuing a conditional approval, conditional approval with modifications, or disapproval.
FINAL REVIEWRefers to the complete process of reviewing a final submission and issuing a final approval or disapproval.
Refers to an area that allows for the passage of people or
goods. Rights-of-way include passageways, such as freeways, pedestrian
connections, alleys, and all streets. A right-of-way may be dedicated
or deeded to the public for public use and under the control of a
public agency, or it may be privately owned.
The person who shall be designated to perform the duties
of the Clerk of the Planning Board for all purposes of this chapter.
ARTERIALA regional trafficway, transitway, or through street that is intended to serve as the principal route for traffic, transit and emergency vehicle movement.
COLLECTOR STREETA street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
CUL-DE-SAC STREETA street with only one means of vehicular ingress and egress and with a turnaround at its terminus, i.e., a dead-end street with a turnaround.
DEAD-END STREETA street or a portion of a street with only one vehicular traffic outlet.
ROADWAYRefers to the portion of a street which is designated for vehicle use.
MINOR OR LOCAL STREETA street intended to serve primarily as access to abutting properties.
MAJOR STREETA street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
MARGINAL-ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
PAVEMENTThat portion of the roadway used by vehicular traffic and covered with a wearing surface.
STREET WIDTHThe right-of-way, measured at right angles to the center line of the street.
Public or private rights-of-way that are primarily intended
for motor vehicle travel or for motor vehicle access to abutting property.
Streets are also intended for pedestrian or bicycle travel or access
to abutting property. A street includes all the area within the right-of-way,
such as roadways, parking strips, and sidewalks. For the purposes
of this chapter, street does not include alleys, rail rights-of-way
that do not also allow for motor vehicle access, or the interstate
highways or thruways, including their ramps. The term "street" includes
the term "road."
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof, as defined herein,
either for himself or others.
The division of any tract of land into two or more lots,
plots, sites or other divisions of land for the purpose, whether immediate
or future, of transfer of ownership or building development. Such
division shall also include resubdivision of plats already approved
by the Planning Board and/or filed in the office of the County Clerk.
That portion, if any, not intended for transfer of ownership nor for
building development, shall be regarded as an adjacent or contiguous
holding. The term "subdivision" shall include a lot-line alteration.
[Amended 11-5-1998 by L.L. No. 6-1998]
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more building lots or any size subdivision requiring any new street or extension of municipal facilities (i.e., water, sewers, lighting, etc.) within a five-year time period.
MINOR SUBDIVISIONAny subdivision containing not more than four building lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities, and not adversely affecting the practical and legal development of the remainder of the parcel or adjoining properties.
LOT-LINE ADJUSTMENTA transfer of property between two or more adjoining landowners where the property to be transferred does not result in the creation of a new lot.
Refers to the presentation and filling with the Planning
Board of a subdivision plat and/or other documents.
PRELIMINARY SUBMISSIONRefers to the preliminary plat and all other documents required for preliminary review of a submission by the Planning Board.
FINAL SUBMISSIONRefers to the final plat and all other pertinent documents the subdivider is required to submit for final review of a subdivision by the Board.
A person licensed as a professional land surveyor by the
State of New York or possessing a valid exemption issued by the New
York State Department of Education.
The Town of Stillwater, the Highway Superintendent of Stillwater
or other officials responsible by law for the function referred to
in this chapter. It may also refer to the person authorized to act
as the representative of the responsible official or officials or
boards.
The duly elected Town Board of the Town of Stillwater, consisting
of a Town Supervisor and elected Councilman.
The duly elected Clerk of the Town of Stillwater.
The duly designated Engineer of the Town of Stillwater.
The duly appointed Zoning Board of Appeals of the Town of
Stillwater.
