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.
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.
B.
PRIVATE STREETA street proposed for long-term ownership and maintenance by a private entity, e.g., a homeowners' or condominium association or other mechanism acceptable to the Planning Board and the Town Attorney, 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; 11-10-2022 by L.L. No. 2-2022]
C.
PUBLIC STREETA street proposed for dedication to the Town for purposes of ownership and maintenance.
D.
THROUGH STREETA 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.
LOT-LINE ALTERATIONA 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, the Dutchess County Health Department, the New York State
Uniform Fire Prevention and Building Code or other law, rule or regulation.
B.
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each of at least the minimum lot area and dimension permitted by the Zoning Law, 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.
MAJOR SUBDIVISIONAny 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.
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 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.