Town of Stanford, NY
Dutchess County
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For the purpose of these regulations, certain words and terms used herein are defined as follows:
CLERK OF THE PLANNING BOARD
That representative or those representatives of the Planning Board, either member, employee or consultant, who shall be designated to perform the duties of the Clerk of the Planning Board for purposes of these regulations.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of Article 49, §§ 49-0301 through 49-0311, of the Environmental Conservation Law, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property. Any such conservation easement shall be legally drafted so that the Town of Stanford shall be the contingent holder and third-party enforcer of the easement should default occur by the first-named holder of the easement.
DAY or DAYS
For purposes of these regulations, consecutive calendar days.
DESIGNATED TOWN ENGINEER
That licensed professional engineer, either employee or consultant, who shall be chosen by the Town Board upon recommendation of the Planning Board to perform the duties of the designated Town Engineer for purpose of these regulations.
DRIVEWAY
A private way situated within a lot for the vehicular traffic providing access from a public or private roadway or street to a single-family residential lot or a commercial premises.
[Amended 5-8-2003 by L.L. No. 3-2003; 4-12-2007 by Ord. No. 1-2007]
DRIVEWAY, COMMON
A privately owned and maintained driveway that provides direct access for not more than four single-family residential lots to a public roadway, and conforming to the minimum criteria specified in § 140-26, Common driveways, including the requirements for a road maintenance agreement and a restriction of further subdivision.
[Added 4-12-2007 by L.L. No. 1-2007]
DRIVEWAY, SHARED
A privately owned and maintained driveway that provides direct access for no more than two single-family residential lots to a public or private roadway and requires an agreement between the owners to provide for necessary maintenance.
[Added 4-12-2007 by L.L. No. 1-2007]
EASEMENT
An acquired right of use on the property of another, for a specified purpose on a designated part of that property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
ENVIRONMENTAL CONSERVATION LAW
The Environmental Conservation Law of the State of New York, Chapter 43-B of the Consolidated Laws.
IMPROVEMENTS
A physical change to the land or installation of certain services necessary to produce usable and desirable lots or sites from raw acreage, including but not limited to water and sewer facilities, recreation and open space areas, grading, pavement, curbs, gutters, storm sewers and drains and betterments to existing watercourses, sidewalks and other pedestrianways, street signs, shade trees, sodding or seeding and monuments, whether such improvement is intended and buffer plantings to be dedicated and maintained by the public or held in private ownership.
MASTER OR COMPREHENSIVE PLAN
A comprehensive plan for the general physical development of the Town of Stanford prepared by the Planning Board pursuant to § 272-a of Town Law.
OFFICIAL MAP
The map which may be established by the Town Board under § 270 of the Town Law showing streets, highways and parks and drainage theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
PLANNING BOARD
The Planning Board of the Town of Stanford, Dutchess County, New York.
PLAT
The map of a subdivision showing the location, boundaries and proposed ownership of individual properties and associated improvements.
PRELIMINARY PLAT
The maps, drawings and other data showing the layout of a proposed subdivision, as specified in Article VI, § 140-22, of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout and improvements within such proposed subdivision.
PUBLIC HEALTH LAW
The Public Health Law of the State of New York, Chapter 45 of the Consolidated Laws.
RESUBDIVISION
Any change in the plat of a subdivision which has previously been filed in the office of the Dutchess County Clerk, which change affects any street layout shown on such plat, affects any area reserved thereon for public use or diminishes the size of any lot shown thereon.
SIGHT DISTANCE
The distance an object 18 inches off the pavement (e.g., a taillight) is visible from an eye level 44 inches above the pavement (i.e., at average seated driver's eye).
[Amended 4-12-2007 by L.L. No. 1-2007]
SKETCH PLAT
A sketch of a proposed subdivision showing the information required by these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and the objectives of these regulations. A "sketch plat" shall be drawn to scale but need not have the accuracy of an engineering drawing.
STREET
A way for vehicular traffic, designed to provide access to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, artery, avenue, boulevard, lane, place, drive or however otherwise designated, which is either an existing public way, i.e., a state, county or Town road or highway; a street shown upon a subdivision plat approved by the Town Planning Board as provided by these regulations; or a street shown on a plat duly filed and recorded in the office of the Dutchess County Clerk prior to the date authority was granted to the Planning Board to approve such plats.
A. 
A street with only one means of vehicular ingress and egress and with a turnaround at its terminus.
B. 
A street proposed for long-term ownership and maintenance by a private entity, e.g., a homeowners' or condominium association, and including, without limitation, streets which have been offered for dedication but which have not been accepted by the Town.
[Amended 5-8-2003 by L.L. No. 3-2003; 4-12-2007 by L.L. No. 1-2007]
C. 
A street proposed for dedication to the Town for purposes of ownership and maintenance.
D. 
A street with two or more means of ingress and egress, i.e., having two or more points of connection with another street or streets.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic, i.e., the traveled way.
STREET WIDTH
The width of the right-of-way or the distance between property lines on opposite sides of a street, measured at right angles to the center line of such street.
SUBDIVIDER
Any person, firm, corporation, partnership or association which shall lay out for the purpose of development, sale or lease any subdivision as defined herein, either for himself, itself or for others.
SUBDIVISION
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 adjustment of lot line, transfer of ownership, lease for other than agricultural or conservation purposes or building development. Such division shall include both the resubdivision of parcels of land for which an approved plat has already been filed in the office of the County Clerk and which is entirely or partially undeveloped and the replatting of plats filed prior to compulsory subdivision plat review and approval by the Town Board. For the purposes of these Land Subdivision Regulations, a parcel shall be considered already to have been divided into two or more lots by one or more public streets or railroad or utility rights-of-way held in fee simple.
A. 
A type of minor subdivision resulting in a modification in the boundary of an existing, legally established lot which does not result in the creation of any new lot nor create any nonconformity with respect to any area or bulk requirement established by the Town Zoning Law,[1] the Dutchess County Health Department, the New York State Uniform Fire Prevention and Building Code or other law, rule or regulation.
B. 
Any subdivision containing not more than four lots, each of at least the minimum lot area and dimension permitted by the Zoning Law,[2] each fronting on an existing street, not involving any new public or private street or road or the extension of Town or other 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, Official Map, Town Zoning Law or these regulations.
C. 
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, whether proposed at the time of application or having been created in the aggregate by the original owner of the parent parcel or his successors in title within the past five years, or any size subdivision requiring any new street or any extension of Town or other municipal facilities. Except that any proposed subdivision of five or more lots (containing at least one flag lot created after May 8, 2003), whether proposed at the time of application or having been created in the aggregate by the original owner of the parent parcel or his successors, shall not receive relief from the five-year waiting period, and therefore shall always be considered a major subdivision.
[Amended 5-8-2003 by L. L. No. 3-2003]
SUBDIVISION PLAT or FINAL PLAT
The final maps, drawings and charts on which the subdivider's plan of subdivision containing all information or detail required by law and by these regulations is presented to the Planning Board for approval and which, if approved, shall be submitted to the Dutchess County Clerk for filing or recording in order to complete the subdivision approval process.
SUPERINTENDENT OF HIGHWAYS
The duly elected Superintendent of Highways of the Town of Stanford.
SURVEYOR, LAND
A person licensed as a professional land surveyor by the State of New York.
TOWN BOARD
The Town Board of the Town of Stanford, Dutchess County, New York.
TOWN LAW
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
TOWN STREET SPECIFICATIONS
The standards and specifications for the construction and dedication of streets and related subdivision improvements as specified in Chapter 138, Article III, in the Code of the Town of Stanford.
[Amended 4-12-2007 by L.L. No. 1-2007]
ZONING LAW
The officially adopted Zoning Law or Zoning Ordinance of the Town of Stanford[3] together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule Law.
[1]
Editor's Note: See Ch. 164, Zoning.
[2]
Editor's Note: See Ch. 164, Zoning.
[3]
Editor's Note: See Ch. 164, Zoning.