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.
The regulations of building size, setbacks on yards, parking
and loading requirements or similar regulations as specified in the
Fort Edward Zoning Code,[1] but excluding performance standards.
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.
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]
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]
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.
An individual empowered by the town to administer the provisions
of these regulations, except as specified otherwise herein.
A sewage or water system which serves a subdivision and which
is paid for with nonpublic funds and without special district taxation.
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for the purposes of these regulations.
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.
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,[2] 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.
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.
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.
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.
A person licensed as a professional engineer by the State
of New York.
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]
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]
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.
A lot with two sides abutting existing or proposed streets.
Any subdivision not classified as a minor subdivision.
Any waterfront facility which provides accommodation services
for vessels by engaging in any of the following:
The sale of marine products or services;
The sale, lease, rental or charter of vessels
of any type; or
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.
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.
The map established by the Town Board pursuant to § 270
of the New York State Town Law.
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.
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.
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]
The Planning Board of the town.
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.
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.
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.
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]
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.
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.
ARTERIAL STREETS AND HIGHWAYSThose used or designed to be used primarily for fast or heavy traffic, whether existing or proposed.
COLLECTOR STREETSThose that carry traffic from minor streets to the major system of arterial streets and highways." Collectors" may also serve as secondary arteries to carry some through traffic. A street which is the outlet toward an arterial street for more than 100 acres or is a main entrance to a residential development shall be considered a "collector street."
LOCAL STREETSThose streets that are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets parallel to and adjacent to arterial streets and highways and that provide access to abutting properties and protection from through traffic.
DEAD-END STREET or CUL-DE-SACA street or a portion of a street with only one vehicular traffic outlet.
The wearing or exposed surface of the roadway used by vehicular
traffic.
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.
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.
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.
An individual single-family dwelling unit within a townhouse
development.
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.
The duly enacted Zoning Ordinance of the Town of Fort Edward.[3]
