A.Â
For the purpose of these regulations, certain numbers, abbreviations,
terms, and words used herein shall be used, interpreted, and defined
as set forth in this section.
B.Â
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the plural
number include the singular; the word "herein" means "in these regulations";
the word "regulations" means "these regulations."
C.Â
A "person" includes a corporation, a partnership, and an incorporated
association of persons such as a club; "shall" is always mandatory;
a "building" includes a "structure"; a "building" or "structure" includes
any part thereof; "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
As used in these regulations, the following terms shall have
the meanings indicated:
A statement that includes the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within an agricultural district, which land contains agricultural operations and is located within 500 feet of the boundary of the property upon which a subdivision is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of agricultural operations identified in the agricultural data statement. The agricultural data statement shall be circulated in accordance with the requirements set forth in § 275-20 of the Zoning Law.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. It
is also commonly referred to as the "base floodplain" or "one-hundred-year
floodplain."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
or waterways, or boundary lines of municipalities.
Any form of security, including a cash deposit, surety bond,
collateral, property, or instrument of credit in an amount and form
satisfactory to the Town Board. All bonds shall be approved by the
Town Board and the Town Attorney wherever a bond is required by these
regulations.
Any structure having a roof supported by columns or walls.
The line within a lot delineating the minimum distance between
any part of a principal structure and an adjacent lot line or street
line as required by the Zoning Law.
A privately owned sewer system, including collection and
treatment facilities established by a subdivider to serve a subdivision,
or an existing or proposed municipal sewer system.
A private water company formed by a subdivider to serve a
subdivision, or an existing or proposed municipal water system. It
includes water source, treatment and distribution facilities.
See "conservation subdivision."
The person designated by the Town Board to enforce the New
York State Building Code and these Subdivision Regulations.
A driveway serving up to three lots and regulated by the
Town Highway Specifications.
An application for subdivision approval which includes all
of the following:
All information concerning the proposed subdivision in the format
required by the applicable provisions of these regulations;
All application fees required by these regulations and the escrow deposit for development review costs, which shall be made in accordance with Article XVI of the Zoning Law;
An EAF assessing the potential environmental impacts of the
proposed application;
A determination by the Planning Board, or by the lead agency
in the event of a coordinated review involving other agencies, that
the proposed action is not likely to have a significant impact on
the environment (negative declaration), or the filing of a notice
of completion of a DEIS or SEIS in accordance with the provisions
of SEQRA. The Planning Board, if it is the SEQRA lead agency for review
of an application, may, in its discretion, open the public hearing
on the subdivision application prior to a SEQRA determination of significance
(i.e., a negative declaration or positive declaration) if the Planning
Board determines that public comment may be helpful to the Board in
making its SEQRA determination. However, in such a case, the Board
shall not close the public hearing until after the negative declaration
or notice of completion of a DEIS or SEIS, as the case may be, has
been issued, and the public hearing on the application has been completed.
The Comprehensive Plan of the Town of Pine Plains, as may
be amended from time to time.
The approval of a final plan subject to conditions set forth
by the Planning Board in a resolution conditionally approving such
plan. Such conditional approval does not qualify a final plan for
recording nor authorize issuance of building permits prior to the
signing of the plan by a duly authorized officer of the Planning Board
and recording of the plan in the office of the County Clerk or Registrar
in accordance with provisions of these regulations.
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, archaeological, architectural,
or natural condition, character, significance or amenities of the
real property.
A residential subdivision wherein the number and arrangement
of dwellings that would result under a given conventional subdivision
plan are allowed to be situated on the same parcel in a flexible manner,
where lot size, street frontage, and other bulk dimensions are allowed
to be varied in order to preserve in perpetuity a significant amount
of the land in its natural or agricultural state. For purposes of
these regulations and the Zoning Law, a "cluster development" as authorized
by § 278 of the New York State Town Law is referred to herein
as a "conservation subdivision."
Conservation development results in a flexibility of design
and development to promote the most appropriate use of land, to facilitate
the adequate and economical provision of streets and utilities, and
to preserve the natural, scenic and other qualities of open lands.
For purposes of the Zoning Law, the following types of conservation
subdivisions have been established:[1]
RURAL CLUSTERA loose collection of dwellings, located on the landscape in a manner that meets the siting design standards set forth in Appendix A.
RURAL HAMLETAn informal residential neighborhood designed in a manner set forth in Appendix A.
TRADITIONAL NEIGHBORHOOD HAMLETA formal residential pattern of development characterized by a gridded street pattern, a designated pedestrian circulation system, and other design standards set forth in Appendix A.
The combining or merger of adjoining, but separate, individually
recorded lots and parcels into a single tract of land in single ownership.
A subdivision in which each lot conforms to the minimum lot
area and lot dimension requirements set forth in the Schedule of Bulk
Regulations.[2]
A designated turnaround area for vehicles at the end of a
street or road.
Diameter at breast height.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A form used by the Planning Board or other agencies to assist
same in determining the environmental significance or nonsignificance
of actions as required by the regulations implementing the New York
State Environmental Quality Review Act (SEQRA). The model full and
short EAFs contained in Appendices A and C of § 617.20 of
the regulations implementing SEQRA shall be submitted as required
by these regulations and by the Planning Board.
A deposit with the Town in accordance with Article XVI of the Zoning Law.
A drawing prepared in the manner set forth herein showing
a proposed subdivision containing in detail, as required by these
regulations, all information required to appear on the preliminary
plan and any modifications required by the Planning Board at the time
of approval of a preliminary plan of such proposed subdivision if
such preliminary plan has been so approved.
The signing of a final plan by a duly authorized officer
of the Planning Board after a resolution granting final approval to
the plan, or after conditions specified in a resolution granting conditional
approval of the plan are completed. Such final approval qualifies
the plan for recording in the office of County Clerk or Registrar
in the county in which such plan is located.
The horizontal distance measured along the full length of
the front lot line.
A tree identified by inventory, or other study of the Town's Conservation Advisory Council, which has certain unique or noteworthy characteristics or values, including endangered species, rarity, age or historical significance to make that tree deserving of special protection under Chapter 240, Trees, of the Town Code.
As described in § 189 of New York State Highway
Law, all lands which shall have been used by the public as a highway
for a period of 10 years or more shall be a highway, with the same
force and effect as if said lands had been duly laid out and recorded
as a highway.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device.
A parcel of land whose boundaries are established by legal
instrument, such as recorded deed or map, and which is recognized
as a separate, legal entity for the purposes of transfer of title.
The realignment or adjustment of a boundary line in accordance with § 230-8 herein.
A term used in surveying denoting a material object placed
on or near a boundary line to preserve and identify the location of
a boundary line on the ground.
An area of land completely separated by a deeded public utility
right-of-way, a state highway or other deeded highway and not by a
highway by use as that term is defined herein and by § 189
of the Highway Law, established by legal boundary from other lands
of the same owner under the same tax identification number and the
same deed.
A subdivision whose intended use is other than residential,
such as commercial or industrial. Such subdivision shall comply with
the applicable provisions of these regulations.
The map, and any amendments thereto, adopted or as may be
adopted by the Town Board under § 270 of the Town Law, or
the map, and any amendments thereto, which may be adopted by the County
Legislature under §§ 239-g, 239-h and 239-i of the
General Municipal Law.
The same as "base flood."
Land set aside for conservation or agricultural uses or for
scenic or recreational uses, as set forth in the Town Zoning Law.
Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under these regulations. For purposes of these regulations, "owner"
shall also mean "subdivider."
The Town of Pine Plains Planning Board.
Another term for "subdivision plan."
A drawing prepared in the manner set forth herein showing
the layout of a proposed subdivision, including but not restricted
to road and lot plan with approximate dimensions, key plan, topography
and drainage, and all proposed facilities, including preliminary plans
and profiles at suitable scale and in such detail as specified in
these regulations.
The approval of the layout of the plan of a proposed subdivision
as set forth in a preliminary plan, but subject to approval of the
plan in final form in accordance with the provisions of these regulations.
Any drainage ditch, roadway, parkway, sidewalk, pedestrian
way, tree, lawn, parking area, lot improvement or other facility which
is proposed to be dedicated to the Town for maintenance and operation.
A change in a subdivision plan or subdivision plan filed
previously in the office of the Dutchess County Clerk, which change:
The New York State Environmental Quality Review Act, as may
be amended.
A sketch preparatory to the preliminary plan (or final plan
in the case of minor subdivisions) to enable the subdivider to save
time and expense in reaching general agreement with the Planning Board
as to the form of the plan and the objectives of these regulations.
A highway, road, alley, or thoroughfare used by vehicles.
Also referred to as a "road."
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines.
Any person, firm, corporation, partnership, company, association
or other entity who or which shall lay out any subdivision or part
thereof as defined herein, either for himself or for others. Also
referred to in these regulations at times as the "applicant" or "developer."
The division of any parcel of land into a number of lots,
blocks or sites, with or without streets or highways, for the purpose
of sale, transfer of ownership, or development.
All subdivisions or resubdivisions not classified as minor
subdivisions, including but not limited to subdivisions of more than
four lots, or any size subdivision requiring any new street or extension
of utilities, or the creation of any public improvements.
The subdivision of land into two, three or four lots fronting
on an existing road, not including any new street or road, or the
extension of utilities, or the creation of any public improvements.
A subdivision not meeting these requirements shall be processed in
accordance with the regulations applicable to a major subdivision.
The duly elected Town Superintendent of Highways or other
such authorized official.
Improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
The Town of Pine Plains.
This term shall be synonymous with "Attorney to the Town."
The Town of Pine Plains Town Board.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws, and amendments thereto.
The officially adopted Zoning Law of the Town of Pine Plains,
New York, together with any amendments thereto. Also referred to herein
as "Zoning Law."[3]
The Town of Pine Plains Zoning Board of Appeals.
The Zoning Enforcement Officer of the Town of Pine Plains.
