For the purpose of the regulations, certain words and terms
used herein are defined as follows:
The owner of land proposed to be subdivided, or his authorized
representative.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning Board for their approval.
The indiscriminate removal of vegetation, including trees
and/or ground cover, from an area by excavation, cutting, digging,
removal, alteration, destruction or similar action or the disturbance
of soil, Weeding, gardening and the selective pruning of vegetation
or selective cutting of diseased or dead trees shall not be included
herein.
[Added 2-22-1999 by L.L. No. 3-1999[1]]
An area which shall remain forever undisturbed and preserved
in its natural state. There shall be no excavation, cutting, removal,
alteration, destruction or clearing of perennial or annual vegetation,
including trees or the disturbance of soil. The Director of the Office
of Building, Zoning and Planning Administration and Enforcement, or
his representative, shall have the authority to eliminate an unsafe
condition. A conservation easement agreement approved by the Town
Attorney's office shall be recorded at the expense of the applicant,
in the Rockland County Clerk's office, along with the deed of
conveyance, and shall constitute a covenant running with the land.
[Added 2-22-1999 by L.L. No. 3-1999]
The standards and specifications adopted by the Planning
Board and approved by the Town Board for the construction of new subdivision
streets and related improvements.
Includes but is not limited to clearing, grading, mining,
dredging, filling, paving, excavating or drilling operations, or the
building or erecting of any structure upon improved or unimproved
real property.
[Added 2-22-1999 by L.L. No. 3-1999]
The area delineated by the lot clearing and grading limit
lines within which clearing, development and construction are allowed
to the extent permitted by the Architecture and Community Appearance
Board of Review (ACABOR).
[Added 2-22-1999 by L.L. No. 3-1999]
Authorization by a property owner for the use of another,
and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
The maps or drawing showing the specific location of improvements
installed in the subdivision in accordance with the requirements of
the Planning Board as condition of the approval of said plat.
Removing a significant amount of trees or brush or land cover
from a parcel prior to submitting the plan to the Planning Board and
prior to the Planning Board rendering its final decision of approval.
[Added 2-22-1999 by L.L. No. 3-1999]
Shall be established on all approved subdivisions and site
plans so as to clearly delineate the boundary between the development
area and the undisturbed area of the real property. The lot clearing
and grading limit lines shall be clearly marked in the field by the
property owner or developer prior to the commencement of any clearing
or development of the site in order to prevent the disturbance of
areas to be preserved with natural vegetation.
[Added 2-22-1999 by L.L. No. 3-1999]
Deciduous trees eight inches in diameter or greater and eight-inch
caliper or greater measured at 4 1/2 feet above root collar.
Coniferous over eight feet in height or five-inch caliper at 4 1/2
feet above root collar.
[Added 12-27-1995 by L.L. No. 40-1995]
The map established by the Town Board under § 270
of the Town Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law, and any amendments or additions
thereto adopted by the Town Board, or additions thereto resulting
from the approval of subdivision or formal plats by the Planning Board
and the subsequent filing of such approved plats.
"Subdivision" or "formal plat."
The Town Planning Board.
A change in a map of an approved or recorded subdivision
or formal plat if such change affects any street layout shown on such
map 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.
A sketch of the basic layout (or formal plat in the case
of minor subdivisions) to enable the subdivider to save time and expense
in reaching general agreement with the Architecture and Community
Appearance Board of Review, Shade Tree Commission and the Planning
Board as to the form of the layout and the objectives of these regulations.
[Added 2-22-1999 by L.L. No. 3-1999]:
Any tree in fair or better condition which equals
or exceeds the following sizes:
Large hardwoods (for example, oaks, hickories, sweetgums,
etc.) 30 inches in diameter at breast height.
Large softwoods (for example, pines, etc.) 36 inches
in diameter at breast height.
Small trees (for example, dogwoods, redbuds, sourwoods,
etc.) four inches in diameter at a point six inches above the ground.
A tree in fair or better condition must meet the following
minimum standards:
A lesser-size tree can be considered a specimen if
it is a rare or unusual species, of exceptional quality or of historical
significance.
A lesser-size tree can be considered a specimen if
it is specifically used by a builder, developer or design professional
as a focal point in a project or landscape.
Includes streets, roads, avenues, lanes or other ways.
A street or a portion of a street with only one vehicular
traffic outlet.
A street intended to serve primarily as an access to abutting
properties.
A street which collects the traffic generated on local streets
and serves as a relatively short, convenient and direct means of access
from the various development areas of the Town to the secondary road
system.
A street which is used primarily as a route for traffic between
communities or large areas.
A street which serves to connect major roads with each other
and also handle the internal movements within the Town.
The wearing or exposed surface of the roadway used by vehicular
traffic, excluding curbs or gutters.
The distance between property lines measured at right angles
to the center line of the street.
Any person, firm, corporation, partnership or association,
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof, as defined herein.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without new streets
for the purpose, whether immediate or future of transfer of ownership
or building development, and shall include resubdivision and the division
of a commercial structure or parcel into two or more units or areas
for transfer of ownership or rental purposes.
All subdivisions not classified as minor subdivisions, or
any size subdivision requiring any new street or extension of municipal
facilities.
Any subdivision containing not more than four lots and all
commercial subdivisions, 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 Zoning Code, Town Development Plan or Official Map, if such
exists, or these regulations.
The final map or drawing, described in these regulations,
on which the subdivider's plan of subdivision is presented to
the Planning Board for approval and which, if approved, may be submitted
to the County Clerk for recording.
A person licensed as a land surveyor by the State of New
York.
Natural material of good structure which under normal conditions
will be capable of sustaining an average lawn. Such topsoil shall
be generally free from objectionable material, such as stones four
inches in circumference or 1 1/2 inches in diameter, trash, roots,
waste material and an excessive amount of smaller stones.
The duly appointed director of the Department of Environmental
Management and Engineering, or his designee.
[Amended 7-24-2006 by L.L. No. 11-2006]
A Comprehensive Plan for development of the Town prepared
and adopted by the Planning Board pursuant to § 272-a of
the Town Law, and includes any part of such plan separately adopted
and any amendment to such plan, or parts thereof.
The area delineated by the lot clearing and grading limit
lines which shall be preserved in its natural state.
[Added 2-22-1999 by L.L. No. 3-1999]
The officially adopted Zoning Code of the Town,[2] together with any and all amendments thereto.
[1]
Editor's Note: This local law also provided that it shall
take effect immediately upon passage by the Town Board and shall apply
to all lands as described therein, with the exception of properties
that have been granted preliminary approval by the Planning Board.
