A.Â
For the purpose of these Subdivision Regulations,
words used in the present tense include the future, the plural includes
the singular, the word "lot" includes the word "plot," the word "building"
includes the word "structure," and the word "shall" is intended to
be mandatory.
C.Â
BERM
BOND or LETTER OF CREDIT
CENTRAL PRIVATE UTILITY
CLEARCUTTING
CONDITIONAL APPROVAL OF A FINAL PLAT
CONSTRUCTION PLAN
CROSSWALK or WALKWAY
CUL-DE-SAC
EASEMENT
EROSION
ESSENTIAL PUBLIC SERVICES
EXCAVATION
EXPANSION
FINAL PLAT APPROVAL
HISTORICAL BUILDING
HISTORIC AREA
IN EXISTENCE
INFILL
INTERMITTENT STREAM
LANDCLEARING
LANDSCAPE
LANDSCAPE PLAN
LANDSCAPING
LAND USE OR DEVELOPMENT or USE
LARGE DEVELOPMENT
LINE, STREET OR ROAD
LOT, BUILDING
LOT FRONTAGE
MASTER PLAN
PAVEMENT
PERMEABILITY, PERCENT OF
PLANNING BOARD or BOARD
PLAT, FINAL
PLAT, PRELIMINARY
PLAT SKETCH or SKETCH PLAN
REQUIRED IMPROVEMENTS
RETAINING WALL
RUNOFF
SCREENING
SEDIMENT
SEDIMENTATION
SELECTIVE TREE CUTTING
SEQRA
SERVICE DISTRICT
SEWER DEPARTMENT
SLOPE
STABILIZATION
STORM DRAINAGE SYSTEM
STREET ARTERIAL
STREET COLLECTOR
STREET, LOCAL
STREET MARGINAL
STREET OR ROAD GRADE
STREET WIDTH
SUBDIVIDER
SUBDIVISION
SURVEY
SURVEY MAP
SURVEYOR
TOWN
WATER DEPARTMENT
As used in these regulations, or in the appendices
hereto,[2] unless the context otherwise requires, the following terms
shall have the meanings indicated:
A small hillock or raise in grade generally high enough to
visually screen headlights from automobiles or trucks on adjacent
properties or to reduce sound levels between adjacent properties.
A written agreement issued by a qualified agent or banking
organization which guarantees either the performance of a certain
agreed-upon activity or an equivalent consideration if the activity
is not completed as required.
A sewage or water system which serves a subdivision and which
is paid for with nonpublic funds and without special district taxation.
The cutting of more than 50% of any trees over six inches
in diameter (as measured 4.5 feet above ground level) over the entire
area of the cutting.
Approval by the Planning Board of a final plat subject to
conditions set forth by the Planning Board in a resolution conditionally
approving such plat. Such conditional approval does not qualify a
final plat for recording nor authorize issuance of any building permits
prior to the signing of the plat by a duly authorized officer of the
Planning Board and recording of the plat in the office of the County
Clerk.
[Added 6-14-2022 by L.L.
No. 3-2022]
The drawings showing location, profile and size of sewers,
drains, water mains, pavements and other details of construction as
specified in these Subdivision Regulations.
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 turn-around or also "dead-end street."
Deeded authorization by a property owner for the use of any
part of his property.
The wearing away of the land surface by rain, flowing water,
wind or other geological, mechanical or chemical agents.
Services by public utilities or governmental agencies of
gas, steam, sewer, electric, telephone or water transmission or distribution
systems.
Any extraction from the land of more than 20 cubic yards
of sand, gravel, clay, shale, rock, topsoil or other natural mineral
deposits. (See "Commercial Sand and Gravel Extraction.")[3]
Any growth of activity which requires the enlargement of
facilities, including building, parking spaces, storage yard or any
other facilities which are required to accommodate such growth.
The signing of a plat in final form by a duly authorized
officer of a Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the County Clerk.
[Added 6-14-2022 by L.L.
No. 3-2022]
Any building or structure which is historically or architecturally
significant.
A district or zone designated by a local authority, state
or federal government within which the buildings, structures, appurtenances
and places are of basic and vital importance because of their unique
architectural style and scale, including color, proportion, form and
architectural detail, or because of their being a part of or related
to a square, park or area, the design or general arrangement of which
should be preserved and/or developed according to a fixed plan based
on cultural, historical or architectural motives or purposes.
With respect to any land use or development, including any
structure, that such use or development has been substantially commenced
or completed.
A vacant lot between two other lots where there already exists
a principal building on each.
A naturally occurring stream which carries water only during
the wet season(s) of the year or during heavy rainstorms and which
might be dry for extended periods.
The excavation, cutting, removal, alteration, destruction
or clearing of perennial or annual vegetation, including trees, or
the disturbance of soil.
All the natural features, such as fields, hills, forests,
water, etc., that distinguish one part of the earth's surface from
another part, usually that portion of land or territory which the
eye can comprehend in a single view, including all of its natural
characteristics.
A plan of sufficient detail to describe proposed changes
in topography, structures, vegetation and visual characteristics.
The act of changing or enhancing the natural features of
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.
Any construction or other activity which materially changes
the use or appearance of land or a structure or the intensity of the
use of land or a structure. "Land use and development" shall exclude
any landscaping or grading which is not intended to be used in connection
with another land use or ordinary repairs or maintenance or interior
alterations to existing structures or uses shall also be excluded
from the terms "land use or development."
Any residential development greater than 10 equivalent dwelling
units, or a commercial development with an expected water use of 1,000
gallons per day or more.
[Added 6-14-2022 by L.L.
No. 3-2022]
The dividing line between the street right-of-way line and
the lot.
The land occupied or capable of being occupied by a building
and its accessory buildings or by a dwelling group and its accessory
buildings, together with such open spaces as are required under the
provisions of this chapter, having not less than the minimum area
and width required by this chapter for a lot in the district in which
such land is situated and having its principal frontage on a street
or on such other means of access as may be adequate as a condition
of the issuance of a building permit for a building on such land.
The distance between the boundaries of a lot measured at
the points of intersection with, and parallel to, the street right-of-way
line and generally at right angles to the depth.
[Added 6-14-1994 by L.L. No. 1-1994]
The officially adopted Master Plan for the development of
the town, which indicates the general location for physical growth
of the community, together with any and all amendments thereto.
A compacted surface intended for pedestrian or vehicular
use, through which drainage is impeded. Surface material could be
compacted sand or gravel, a bituminous compound, concrete or other
material.
The area of the lot which is not covered by buildings, structures
or nonpermeable surfaces divided by the total area of the lot multiplied
by 100.
The Planning Board of the town.
A drawing prepared in a manner prescribed by local regulation
that shows a proposed subdivision, containing in such additional detail
as shall be provided by local regulation all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat
if such preliminary plat has been so approved.
[Amended 6-14-2022 by L.L. No. 3-2022]
A drawing prepared in a manner prescribed by local regulation
showing the layout of a proposed subdivision, including, but not restricted
to, road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at suitable scale and in such detail as local
regulation may require.
[Amended 6-14-2022 by L.L. No. 3-2022]
A sketch of a proposed subdivision showing the information
specified in these regulations to enable the subdivider to save time
and expense in reaching general agreement with the Planning Board
as to the form of the layout and objectives of these regulations.
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.
A wall to maintain differences in ground elevation by holding
back a bank of material.
That portion of the precipitation, rain and/or snowmelt that
cannot be absorbed by the soil within a drainage area that is discharged
from the area in water channels, either natural, as a stream, or man-made.
Types of "runoff" include surface, groundwater snowmelt, stormwater
and/or seepage.
Foliage, berms, trees, shrubs or landscaped natural materials
and plants which obscure the visual character and suppress the noise
of any given building or use of land. Where natural plant material
is not practical, fences and/or other artificial material may be partially
or totally substituted according to individual site conditions.
Erodent soil particles which are transported by wind or water.
The process by which sediment is deposited in streams or
lake bottoms.
The removal of single or scattered trees of any size, resulting
in the appearance of the land area as not having been substantially
disturbed.
The State Environmental Quality Review Act,[4] a process that introduces the consideration of environmental
factors into the early planning stages of actions in order to avoid
adverse impacts on the environment.
Any private or public entity which provides a public service
to residents of all or any part of the town to include, among others,
fire departments, water districts and sewer districts.
The Department which oversees the operation and maintenance
of the Town's sewerage works.
[Added 6-14-2022 by L.L.
No. 3-2022]
The degree of deviation of a surface from the horizontal,
usually expressed in percent of degrees.
The proper placing, grading and/or covering of soil, rock
or earth to ensure their resistance to erosion, sliding or other movement.
All structural works and ground alterations, as well as natural
drainage patterns, which affect or regulate the flow of surface drainage,
including those used to intercept, collect and transmit water or to
discharge water above or below ground level.
A street for through traffic connecting major land uses primarily
for fast or heavy traffic.
A street which collects traffic from local streets and connects
with arterials.
A street which is used primarily for access to the abutting
residential properties.
A street which is parallel to and adjacent to an arterial
street and which provides access to abutting properties and protection
from through traffic.
The officially established grade of the street upon which
a lot fronts; or, if there is no officially established grade, the
existing grade of the street shall be taken as the "street grade."
The distances between property lines on opposite sides of
the street.
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.
A division of any residential, commercial or industrial land
into two or more lots, parcels or sites, whether adjoining or not,
for the purpose of sale, lease, license or any form of separate ownership
or occupancy by any person or by any other person controlled by, under
common control with any such person or group of persons acting in
concert as part of a common scheme or plan; except a two-lot division
of land fronting on existing public streets, not involving any new
streets or roads 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 of the
Master Plan, Official Map or Zoning Ordinance, if such exists, or
these regulations. This exception shall not be repeated more than
once in any seven-consecutive-year period. This definition shall not
apply to conveyances of small amounts of land to correct a boundary
of a lot so long as such conveyance does not create additional lots.
Any lot, plot, parcel or site created by the act of subdividing shall
front on a public street or roadway. For the purposes of these regulations,
a condominium shall be reviewed as a "subdivision."
[Amended 6-14-1994 by L.L. No. 1-1994]
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 measurement showing
land boundaries, natural and man-made objects, made by or under the
direction of a New York State licensed land surveyor.
A person permitted to act as a land surveyor by the State
of New York.
The Town of Moreau in New York State.
The Department which oversees the operation and maintenance
of the Town's water works.
[Added 6-14-2022 by L.L.
No. 3-2022]
