For the purpose of these regulations, certain
words and terms used herein are defined as follows:
See "Master, Comprehensive, Municipal or Municipal Development
Plan."
The approval of a final plat subject to conditions set forth
by the Planning Board in its resolution conditionally approving the
plat. Conditional approval does not qualify the final plat for recording.
At the time of the resolution conditionally approving the plat, the
Planning Board must empower a duly authorized officer of the Planning
Board to sign the plat subject to completion of the requirements stated
in the resolution. Upon completion of these requirements, the plat
must be signed by the officer so designated. The subdivider has 180
days to satisfy the requirements upon which the approval has been
conditioned and obtain the certification of the officer of the Planning
Board. This period may be extended by the Planning Board, if in its
opinion the circumstances warrant this, for up to two ninety-day periods
beyond the initial 180 days.
The working drawings and specifications for public improvements
and utilities involved in the plan of subdivisions.
Includes architect, landscape architect, professional engineer
or other person licensed by the State of New York to practice site
planning and/or engineering and/or surveying. The design professional's
responsibility shall be as defined by state law.
Authorization by a property owner for the use by 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.
See "subdivision plat."
The signing of a final plat by a duly authorized officer
of the Planning Board after a 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 Orange County Clerk.
An incorporated not-for-profit organization operating under
recorded land agreements through which:
Each lot and/or landowner in a clustered, planned
adult or other particular subdivision development or other described
land area is automatically a member upon purchase of property therein;
Each lot or unit is automatically subject to
a charge for a proportionate share of the expenses for the organization's
activities, such as maintaining common property; and
The charge, if unpaid, becomes a lien against
the property.
Open space development which includes, but is not necessarily
limited to, the following existing and cultivated elements arranged
to produce an artful or otherwise desired effect: turf, meadow, rocks,
watercourses or bodies of water, trees, shrubs, flowers, walls, berms,
swales, lanes, paths and other similar natural and man-made elements
or forms.
See "surveyor, land."
A parcel or portion of land separated from other parcels
or portions, for purpose of sale, lease or separate use, by means
of a description as indicated by a subdivision plat, a recorded map
or deed or by metes and bounds, or separated by a public street or
railroad or utility right-of way in ownership of such party.
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot
and having access to the road via a strip of land no greater than
50 feet wide or no less than 25 feet wide for its full length.
A resubdivision consisting only of a shifting or change in
internal lot lines between two or more parcels that does not create
an additional buildable lot, does not impact any public lands or access
thereto, and does not increase any existing degree of lot area nonconformity.
Such lot line changes may be approved by the Planning Board without
requirement for a public hearing. See "resubdivision."
A Comprehensive Development Plan prepared by the Town Board
pursuant to the Town Law which indicates the general locations recommended
for various functional classes of land use, 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 any amendment
to such plan or parts therein.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed.
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law and hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in Article VI of these regulations.
Any parcel of land owned individually and separately and
separated in ownership from any adjoining tracts of land on the original
effective date of these regulations, April 6, 1976, which has a total
area which exceeds the minimum requirements of the Zoning Law[1] and for which there exists the legal possibility of subdivision
or resubdivision.
A security which may be accepted by the Town in lieu of a
requirement that certain improvements be made before the Planning
Board gives final approval to a subdivision plat. Such security shall
be sufficient to cover the full cost of all incompleted improvements
in the subdivision as estimated by the Planning Board or agency designated
by the Town Board. Securities shall include such collateral or agreements
acceptable to the Town Board or an irrevocable letter of credit for
a term not to exceed three years; provided, however, that the term
may be extended by the Town Board with the consent of the parties
thereto.
The Planning Board of the Town of Chester.
A drawing prepared in a manner prescribed by local regulation,
showing the salient features of the layout of a proposed subdivision
submitted to the Planning Board for purposes of consideration prior
to submission of the plat in final form, including but not restricted
to road and lot layout and approximate dimensions, key plan, topography
and drainage and all proposed facilities, including preliminary plans
and profiles, at suitable scale and in such detail as local regulation
may require. Plats not identified and marked "preliminary" shall be
deemed sketch plans.
A privately owned strip of land of less depth or width than
the lot depth permitted by the applicable regulations, bounded on
one side by a proposed street and on the other by the boundary of
a subdivision containing said proposed street.
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat or any 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, or if it creates or eliminates a lot. Such
resubdivision shall be considered as a subdivision and shall be required
to adhere to regular subdivision procedures if new buildable lots
are created. If new buildable lots are not created, a public hearing
shall be optional.
The total contiguous land of any owner, whether or not part
or all of such owner's land is submitted for plat approval.
A draft of a proposed major, clustered or open area development subdivision showing the information specified in § 83-28 of 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.
A way for vehicular traffic, whether designated as a street,
highway, parkway, throughway, road, avenue, boulevard, lane, place
or however else designated. The term "street" includes the land between
the street right-of-way lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, sidewalks, planted strips,
parking areas and other areas within such street lines.
Those streets which carry traffic from minor streets to the
major system of arterial streets and highways, including the principal
entrance streets of large residential developments.
A street or a portion of a street with only one vehicular
traffic outlet and with a turnaround area satisfactory to the Town
Highway Superintendent which shall contain an easement area on a private
lot for snow removal storage.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or for other heavy traffic between communities and/or
other heavy traffic-generating areas. These are usually state or county
highways.
Those streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties
and protection from through traffic.
A street intended to serve primarily as an access to abutting
properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
A street within a commercial, multifamily, planned adult
community or an open area development which is owned and maintained
by an HOA or area property owners by easement.
Any federal, Town, state or county road, highway or street
shown upon a subdivision plat filed in the County Clerk's office.
The full width of a privately or publicly maintained traveled
way, whether acquired through dedication or by use. It may include
pavement, shoulders, ditches or gutters, culverts or sluiceways. It
may be defined in metes and bounds and be filed with the proper authorities,
or it may have been used and maintained by the public for a period
of 10 years or more.
A street designed to provide a connection to possible future
development outside the subdivision so that continuity of traffic
circulation can be maintained.
The width of right-of-way, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership or association
who shall make application to lay out any subdivision or part thereof,
as defined herein, and shall be owner or contract vendee of lands
to be subdivided.
The division of any parcel of land or structure into two
or more lots, blocks or units, with or without streets or highways.
Such division shall include resubdivision of parcels of land for which
an approved plat has already been filed in the office of the County
Clerk and which is entirely or partially undeveloped.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of Town facilities.
Any subdivision containing not more than four lots 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 Comprehensive
Plan, Official Map or Zoning Law, if such exists, or these regulations.
A drawing in final form, prepared in a manner prescribed
by local regulation, showing a proposed subdivision, containing in
such additional detail as shall be provided by local regulation or
any other applicable state law or local law, ordinance, rule, regulation
or resolution all information required to appear on a preliminary
plat and the modifications, if any, required by the Planning Board
at the time of approval of a preliminary plat of such proposed subdivision
if such preliminary plat has been so approved.
The Highway Superintendent or Commissioner of Public Works
of the Town of Chester.
A person licensed as a land surveyor by the State of New
York.
The record of the owner and description of the parcel held
on record in the Orange County Department of Real Property Tax Service.
The duly designated Attorney of the Town of Chester.
The Town Board of the Town of Chester.
See "Comprehensive Plan."
The duly designated licensed Engineer of the Town of Chester.
Any structure or building or part thereof arranged for occupancy
by person(s) which contains independent facilities for cooking and
bathing. For purposes of this chapter, a subdivided parcel capable
of being so improved shall also constitute a "unit."
A street right-of-way, easement, sidewalk or other land reserved
exclusively for pedestrians, bicycles, equestrians and other nonmotorized
circulation.
The Zoning Law of the Town of Chester.[3]
