As used in this chapter, the following terms shall have the meanings indicated:
BOUNDARY LINE CHANGE
The transfer of property between two contiguous owners whereby no new lots are created.
COMPREHENSIVE DEVELOPMENT PLAN
The Comprehensive Plan adopted by the Planning Board for the development of the entire area of the Village of Cornwall-on-Hudson pursuant to § 7-722 of the Village Law, and includes any parts of such plan separately adopted and any amendments to each plan or parts thereof.
CONDITIONAL APPROVAL OF A FINAL PLAT
The approval subject to conditions set forth by the Planning Board in its resolution conditionally approving the plat. "Conditional approval" does not qualify the final plat for recording. At the time of the resolution conditionally approving the plat, the Planning Board must empower a duly authorized officer of the Planning Board to sign the plat, subject to completion of the requirements stated in the resolution. Upon completion of these requirements, the plat must be signed by the officer so designated. The subdivider has 90 days to satisfy the requirements upon which the approval has been conditioned and obtain the certification of the officer of the Planning Board. This period may be extended by the Planning Board if, in its opinion, the circumstances warrant this, for up to two additional ninety-day periods.
CONDITIONAL APPROVAL OF A PRELIMINARY PLAT
The approval by the Village Planning Board of the layout of the proposed subdivision as set forth in a preliminary plat, but subject to approval of the plat in final form.
CONSTRUCTION DETAILS PLAN
The working drawings and specifications for public improvements and utilities involved in the plan of subdivision.
DESIGN PROFESSIONAL
An architect, landscape architect, professional engineer or other person licensed by the State of New York to practice site planning and/or engineering. The "design professional's" responsibility shall be as defined by state law.
EASEMENT
Authorization by the property owner for the use by another, for a specified purpose, of any designated part of his property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
FINAL PLAT APPROVAL
Final approval of a plat in final form is the signing of a final plat by a duly authorized officer of the Planning Board after a 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.
LANDSCAPED or LANDSCAPING
Open space development which includes, but is not necessarily limited to, the following existing and cultivated elements arranged to produce an artful or otherwise desired effect: turf, meadow, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths and other similar natural and man-made elements or forms.
LAND SURVEYOR
See "surveyor."
LOT
A parcel or portion of land separated from other parcels or portions, for the purpose of sale, lease or separate use, by means of a metes and bounds description, as indicated by a subdivision plat, a recorded map or deed, or separated by a public street or railroad right-of-way.
OFFICIAL MAP
The map established by the Village Board pursuant to § 7-724 of the Village Law, showing streets, highways and parks and drainage, both existing and proposed.
OFFICIAL SUBMITTAL DATE
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 7-728 of the Village Law, hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in Article IV of this chapter.
PARENT PARCEL
Any parcel of land owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total area which exceeds the minimum requirements of the Zoning Law[1] and for which there exists the legal possibility of subdivision or resubdivision.
PERFORMANCE BOND
A security which may be accepted by the Village Board in lieu of a requirement that certain improvements be made before the Planning Board gives final approval to a subdivision plat. Such security shall be sufficient to cover the full cost of all uncompleted improvements in the subdivision as estimated by the Planning Board or agency designated by the Village Board. Securities shall include such collateral or agreements acceptable to the Village Board or a bond issued by a surety company, to run for a term not to exceed three years; provided, however, that the term may be extended by the Village Board with the consent of the parties thereto.
PLANNING BOARD
The Planning Board of the Village of Cornwall-on-Hudson.
PLAT, FINAL
A drawing in final form, prepared in a manner prescribed by local regulation, showing a proposed subdivision, containing, in such additional detail as shall be provided by local regulation or any other applicable state law or local law, ordinance, rule, regulation or resolution, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision, if such preliminary plat has been so approved.
PLAT, PRELIMINARY
A drawing, prepared in a manner prescribed by local regulation, showing the salient features of the layout of a proposed subdivision submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form, 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 local regulation may require.
RESERVE STRIP
A privately owned strip of land of less width than the lot depth permitted by the applicable regulations, bounded on one side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.
RESUBDIVISION
A change of an approved or recorded subdivision plat if such change affects any street layout shown on such plat or area reserved thereon for public use or any change of a lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
ROAD SPECIFICATIONS
The minimum acceptable standards of street construction for proposed Village roads within subdivisions, as promulgated by this chapter or as adopted separately.
SITE
The total contiguous land of any owner, whether part or all of such owner's land is submitted for subdivision approval.
SKETCH PLAN
A first draft of a proposed subdivision 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 objectives of this chapter.
STREET
A way for vehicular traffic, whether designated as a street, highway, parkway, throughway, road, avenue, boulevard, lane or place, or however else designated. The term "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.
STREET, COLLECTOR
Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of large residential developments.
STREET, DEAD-END OR CUL-DE-SAC
A street or a portion of a street with only one vehicular traffic outlet.
STREET, MAJOR OR ARTERIAL
A street which serves or is designated to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic between communities and/or other heavy-traffic-generating areas.
STREET, MARGINAL
Those streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
STREET, MINOR OR LOCAL
A street intended to serve primarily as an access to abutting properties.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET RIGHT-OF-WAY
The full width of a publicly maintained traveled way, whether acquired through dedication or by use. It may include pavement, shoulders, ditches or gutters, culverts or sluice ways. It may be defined in metes and bounds and be filed with the proper authorities, or it may have been used and maintained by the public for a period of 10 years or more.
STREET TAP or STUB STREET
A street designed to provide a connection to possible future development outside the subdivision so that continuity of traffic circulation can be maintained.
STREET WIDTH
The width of right-of-way, measured at right angles to the center line of the street.
SUBDIVIDER
Any person, firm, corporation, partnership or association who shall make application to lay out any subdivision or part thereof as defined herein, either for himself or others, and who must be the owner, duly authorized contract vendee or the duly authorized agent of either.
SUBDIVISION
The division of any parcel of land into two or more lots, blocks or units with or without streets or highways. Such division shall include subdivision 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. For the purposes of this chapter, a parcel shall be considered already to have been subdivided into two or more lots if bisected by one or more public streets or railroad rights-of-way.
SUBDIVISION, MAJOR
Any subdivision containing five or more lots.
SUBDIVISION, MINOR
Any subdivision containing three or four lots.
SUBDIVISION, TWO-LOT
Any subdivision containing not more than two lots.
SUPERINTENDENT OF PUBLIC WORKS
The Public Works Superintendent of the Village of Cornwall-on-Hudson.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TAX RECORD PARCEL
The record of the owner and description of the parcel held on record in the Orange County Department of Real Property Tax Service.
UNIT
A parcel of land or structure divided into two or more distinct portions that will not be owned in fee simple.
VILLAGE
The Village of Cornwall-on-Hudson, New York.
VILLAGE ATTORNEY
The duly designated attorney of the Village of Cornwall-on-Hudson.
VILLAGE BOARD
The duly elected and/or appointed Village Board of Trustees of the Village of Cornwall-on-Hudson, New York.
VILLAGE DEVELOPMENT PLAN
See "Comprehensive Plan".
VILLAGE ENGINEER
The duly designated engineer of the Village of Cornwall-on-Hudson.
WALKWAY
A street, right-of-way, easement, sidewalk or other land reserved exclusively for pedestrians, bicycles, equestrians and other nonmotorized circulation.
ZONING LAW
The Village of Cornwall-on-Hudson Zoning Law of 1977,[2] unless otherwise stipulated or indicated by references.
[1]
Editor's Note: See Ch. 172, Zoning.
[2]
Editor's Note: See Ch. 172, Zoning.