For the purpose of these Subdivision Regulations, words used in present tense include the future; the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; the word "occupied" includes the words "designed for occupancy" or "intended to be occupied"; the word "may" is discretionary.
As used in this chapter, the following terms shall have the meanings indicated:
- The raising of crops, animals or animal products; limited forestry; the selling of products grown on premises; and any other commonly accepted agricultural operations. Incidental mechanical processing and sale of products grown on the premises are included in the definition.
- AREA REGULATIONS
- The regulations of building size, setbacks on yards, parking and loading requirements or similar regulations as specified in the Fort Edward Zoning Code, but excluding performance standards.
- ARTERIAL STREET
- See "street."
- A written agreement issued by a qualified agent that guarantees the performance of a certain agreed upon activity or an equivalent consideration if the activity is not completed as required.
- BOUNDARY LINE ADJUSTMENT
- The transfer of a small amount of land to an adjacent landowner which does not create an additional parcel or lot of land and is in compliance with the provisions of § 87-3.1.[Added 12-28-2011 by L.L. No. 1-2011]
- BOUNDARY LINE ADJUSTMENT AREA
- The delineated portion of a granting parcel which is proposed
to be legally merged with and into a receiving parcel.[Added 12-28-2011 by L.L. No. 1-2011]
- BUFFER ZONE
- An unpaved, natural area without buildings designed to reduce the possibility of adverse impact on land or water quality and/or conflicts of land use between two or more areas. No parking or storage of vehicles of any kind or objects associated with the use of the property is permitted. When not inhabited with natural woody plants (i.e., trees and shrubs) sufficient to visually screen adjoining uses or zones, such "buffer area" shall be planted, regraded and/or fenced as approved.
- Any structure covered by a roof, supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.
- BUILDING INSPECTOR and/or ZONING ADMINISTRATOR
- An individual empowered by the town to administer the provisions of these regulations, except as specified otherwise herein.
- CENTRAL PRIVATE UTILITY
- A sewage or water system which serves a subdivision and which is paid for with nonpublic funds and without special district taxation.
- CLERK OF THE PLANNING BOARD
- That person who shall be designated to perform the duties of the Clerk of the Planning Board for the purposes of these regulations.
- CLERK, TOWN
- The duly elected Clerk of the town, who shall act as Clerk of the Planning Board for purpose of accepting applications to forward to the Planning Board.
- CLUSTER DEVELOPMENT
- A planned development in which lots are plotted with less than the minimum lot size and dimension requirements cited in the area regulations for each zone in Article IV of the Zoning Ordinance for the Town of Fort Edward, but that have access to common open space that is a part of the overall development plan approved by the Planning Board, and the overall average density meets the requirements of Article IV.
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water, or a combination of land and water designated and intended for the private or public use or enjoyment of the space, and that may include such appurtenant structures that are necessary to allow the enjoyment of the space.
- A multifamily project of one-family dwelling units which may consist of one, a part or more than one building wherein the real property title and ownership are vested in an owner who has an undivided interest with others in the common usage areas and facilities that serve the development. The means of administration and maintenance of common areas are mutually entered into by the respective owners.
- CONDOMINIUM DEVELOPMENT, DETACHED UNITS
- A condominium that involves the use of detached units, single-family or two-family. The total available land for use of the entire project must equal the sum of the permitted lot sizes of the total number of units in the zone(s) within which the project is located.
- CROSSWALK or SIDEWALK
- An accessway designed for pedestrian traffic and dedicated to public use.
- Minor streets with one end open for public access and the other terminating in a vehicular turnaround or also a dead-end street.
- Deeded authorization by a property owner for the use by another of any part of his property for a specified purpose.
- ENGINEER or LICENSED PROFESSIONAL ENGINEER
- A person licensed as a professional engineer by the State of New York.
- FAMILY SUBDIVISION
- The division of land by and from natural persons who are
immediate members of a family, whether such conveyance is by sale
or by bona fide gift, devise or inheritance and where application
to the Planning Board for such subdivision is accompanied by an affidavit
from the subdivider confirming the required familial relationship
of the grantor and proposed grantee and requesting exemption from
fees. "Immediate members of a family" shall include only grandparents,
parents, sons, daughters, brothers, sisters, grandsons, granddaughters,
and the spouse of a son, daughter, grandson or granddaughter.[Added 12-28-2011 by L.L. No. 2-2011]
- GRANTING PARCEL
- The parcel of land from which a boundary line adjustment
area is proposed to be legally separated.[Added 12-28-2011 by L.L. No. 1-2011]
- HOMEOWNERS' ASSOCIATION or CONDOMINIUM AGREEMENT
- If the subdivision is to be managed by a homeowners' association or condominium agreement, copies of their regulations and agreements indicating any restrictions shall be required by the Planning Board. If the subdivision is to be sold fee simple, copies of deeds indicating any restrictions shall be required by the Planning Board.
- The act of changing or enhancing the natural features, a plot, buffer zone, public open space or other area or portion of a lot (often as a beautifying feature of a building or land use) so as to make said area more attractive, to add visual screening and/or to provide safety features to assist in protecting life and property. This may be accomplished by adding lawns, trees, shrubs, etc., or through the sculpturing of the terrain (i.e., earth berms, ponds, walkways, retaining walls, rock outcrops, etc.) and/or installing lights, light poles, flagpoles, fences and traffic malls for the direction of traffic. This does not include any man-made object that exceeds the maximum height requirement for a structure in the zone district in which it is located.
- A parcel of land having a distinct and defined boundary as described in a deed, occupied or capable of being occupied by a building or buildings and for accessory buildings and/or uses, including such open spaces as are required by these regulations, and having frontage on an existing or proposed road.
- LOT, CORNER (DOUBLE-FRONTAGE)
- A lot with two sides abutting existing or proposed streets.
- MAJOR SUBDIVISION
- Any subdivision not classified as a minor subdivision.
- Any waterfront facility which provides accommodation services for vessels by engaging in any of the following:
- A. The sale of marine products or services;
- B. The sale, lease, rental or charter of vessels of any type; or
- C. The sale, lease, rental or any other provision of storage, wharf space or mooring for vessels not registered to the owner of said facility, a member of the owner's immediate family, the owner or lessee of the immediately adjoining upland property, members of their immediate families or an overnight guest on said property.
- MINOR SUBDIVISION
- Any subdivision containing not more than three lots each fronting on an existing public 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 properties and not in conflict with any provision or portion of the Comprehensive Plan and/or Master Plan (if enacted).
- Any anchor, chain, buoy, pennant or other object by which a vessel is secured at one point.
- OFFICIAL MAP
- The map established by the Town Board pursuant to § 270 of the New York State Town Law.
- OPEN SPACE
- Land not covered by buildings, pavement, open storage, mining operations or any other use that visually obscures the natural or improved landscape, except for recreation facilities.
- OPEN SPACE RECREATION USE
- Any recreation use particularly oriented to and utilizing the outdoor character of an area, including a snowmobile, trail bike, jeep or all-terrain vehicle trail, cross-country ski trail, hiking and backpacking trail, bicycle trail, horse trail, playground, picnic area, public park, public beach or similar use.
- PLANNED DEVELOPMENT GROUP
- A structure or a group of structures designed to be maintained
and operated as a unit in single ownership or control by an individual,
partnership, corporation or cooperative group and which has certain
facilities in common, such as yards and open spaces, recreation areas,
garages and parking areas.[Added 6-13-2005 by L.L. No. 6-2005]
- PLANNING BOARD or BOARD
- The Planning Board of the town.
- PLAT, FINAL, or SUBDIVISION PLAT
- A drawing in final form, showing a proposed subdivision, containing all information or detail required by law and by these regulations 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.
- PLAT, PRELIMINARY
- A drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
- PLAT, SKETCH, or SKETCH PLAN
- A sketch of a proposed subdivision showing the information specified in these regulations to enable the subdivider to reach general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
- RECEIVING PARCEL
- The parcel of land into which a boundary line adjustment
area is proposed to be legally merged.[Added 12-28-2011 by L.L. No. 1-2011]
- REQUIRED IMPROVEMENTS
- Any activities or improvements required by these regulations, except as may be waived by the Planning Board, including but not limited to streets and roads, utility installations, road ditches, drainage facilities and culverts, monuments and revegetation operations.
- SERVICE DISTRICT
- Any private or public entity which provides a public service to residents or all or any part of the town to include, among others, fire departments, water districts and sewer districts.
- A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, cul-de-sac, place or however otherwise designated, and includes the entire area within the right-of-way.
- STREET PAVEMENT/CARRIAGEWAY
- The wearing or exposed surface of the roadway used by vehicular traffic.
- SUBDIVIDER or DEVELOPER
- Any person, firm, corporation, partnership or association, or successors in interest to any such parties, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
- The determination of the location of land boundaries and natural and man-made objects by means of surveying instruments.
- SURVEY MAP
- A drawing made to scale, based upon survey measurements, showing land boundaries and natural and man-made objects, made by or under the direction of a New York State licensed land surveyor.
- A person licensed to act as a land surveyor by the State of New York.
- The Town of Fort Edward in New York State.
- A dwelling unit which is one of a series of units, having a common party wall between each adjacent unit, each with private outside entrance.
- TOWNHOUSE DEVELOPMENT
- A multiple-family dwelling project of individual single-family units arranged in a row of at least three such units each on its own separate lot of record and wherein each unit has its own front and rear access to the outside, no unit located over another unit, and each unit is separated from any other unit by one or more common walls.
- TOWNHOUSE UNIT
- An individual single-family dwelling unit within a townhouse development.
- TOWN PLAN (COMPREHENSIVE PLAN)
- A Comprehensive Plan, prepared by the Planning Board pursuant to § 272-a of the New York State Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the town, and includes any unit or part of such plan separately prepared and an amendment to such plan or parts therein.