For the purpose of this chapter, certain words and terms used
herein are defined as follows:
That portion of a lot located within the minimum prescribed
front, rear and side yard setback distances within which a structure
and its accessory uses, driveways, parking lots, or other disturbed
areas are permitted to be built on.
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
An easement, covenant, restriction or other interest in real
property, created under Article 49 of the Environmental Conservation
Law of the State of New York, which limits or restricts development,
management or use of such real property for the purpose of preserving
or maintaining the scenic, open, historic, archeological, architectural,
or natural condition, character, significance or amenities of the
real property in a manner consistent with the public policy and purpose
stated in § 49-0301 of the Environmental Conservation Law
of the State of New York.
[Amended 8-8-2005 by L.L. No. 13-2005]
A residential development designed around land conservation where half or more of the total tract area suitable for building is designated as permanent open space. The overall number of dwellings allowed in a conservation subdivision is determined by the density requirement detailed in Chapter 250, Zoning, of the Code of the Town of Kinderhook and is exactly the same as would be permitted in a conventional layout. Conservation subdivisions are full-density developments that occur simultaneously with preservation of significant natural and cultural features as required in this chapter.
[Amended 8-8-2005 by L.L. No. 13-2005; 9-10-2012 by L.L. No.
3-2012]
A street or a portion of a street with only one vehicular
traffic outlet.
Authorization by a property owner for the use by another,
for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
Physical features of the land or that describe the land,
such as contour lines, location of slopes of 20% or more, regulated
wetlands, streams, lakes, ponds, floodplains, rocky outcroppings,
wooded locations.
An incorporated organization that owns and maintains property
for the common benefit of individual homeowners or lot owners where
the homeowners or lot owners are required to contribute to the maintenance
of the common property or where the homeowners or lot owners are required
to join the HOA as a condition of their ownership of the home or lot.
As much as this definition conflicts with any definition of "homeowners'
association" in state law, the Town intends to supersede state law
on the definition of "homeowners' association."
A not-for-profit organization, private in nature, organized
to preserve and protect the natural and man-made environment by, among
other techniques, holding conservation easements that restrict the
use of real property.
Any conservation subdivision not classified as a minor subdivision,
including but not limited to subdivisions of five or more lots or
any size subdivision requiring any new street or extension of municipal
facilities.
A 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.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any size subdivision
requiring any new street or extension of municipal facilities.
A comprehensive plan prepared by the Planning Board pursuant
to § 272-a of the Town Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and the general physical development of the
Town and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
Any conservation subdivision containing not more than four
lots.
A street intended to serve primarily as an access to abutting
properties.
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Chapter 250, Zoning, if such exists, or this chapter.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed.[1]
One or more parcels of land normally not developed with structures
or buildings and that is the preserved portion of lands in the conservation
subdivision. Required open space in conservation subdivisions may
be included within individual lots.
The Planning Board of the Town.
A drawing or drawings, clearly marked "preliminary plat," showing the salient features of a proposed subdivision as specified in Article V, § 215-21, of this chapter, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprize the Planning Board of the layout of the proposed subdivision.
Wetlands regulated by state or federal law, water bodies,
areas within a floodplain, farmland containing prime soils, and areas
with slopes equal to or greater than 20%.
Soils defined by the United States Natural Resources Conservation
Service and the State of New York as being particularly suited and
best used for agricultural purposes.
Mature woodlands, meadows, scenic vistas, wildlife habitats
and sites of historic, cultural or archeological significance.
The distance between the building and the front property
line or the road right-of-way, whichever is further from the center
line of the road.
Includes streets, roads, avenues, lanes or other trafficways
between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the street.
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 parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
resubdivision.
A drawing in final form showing a proposed subdivision, containing
all information or detail required by law and by this chapter, to
be presented to the Planning Board for approval and which, if approved,
may be duly filed or recorded by the applicant in the office of the
County Clerk or Register.
A person licensed as a land surveyor by the State of New
York.
The duly designated Engineer of the Town.
A small strip of land where the vegetation is absent, allowing
viewing of a natural feature.
[1]
Editor's Note: Said map is on file in the Town offices.
