As used in this chapter:
A.
Words in the singular include the plural and those
in the plural include the singular.
B.
The word "person" includes a corporation, unincorporated
association and partnerships, as well as an individual.
C.
The word "building" includes a structure and shall
be construed as if followed by the phrase "or part thereof."
D.
The word "street" includes avenue, boulevard, court,
expressway, highway, lane, arterial and road.
E.
The word "watercourse" includes channel, creek, ditch,
drain, dry run, spring and stream.
As used in this chapter, the following terms
shall have the meanings indicated:
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which occurs an action requiring municipal review and approval by
the Planning Board, Zoning Board of Appeals or Town Board pursuant
to Article 16 of the Town Law.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
An area bounded by streets.
The Planning Board of the Town of Marlborough.
The person duly designated as engineer of the Planning Board
on a permanent or consulting basis.
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
such as are compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted.
A private right-of-way providing access for vehicles to a
parking space, garage, dwelling or other structure.
A grant by the property owner of one or more of the property
rights to and/or for the use by the public, a corporation or another
person or entity.
The land used in agricultural production, farm buildings
and farm residential buildings.
An ordinance or local law enacted by a municipality for the
regulation of any aspect of land use and community resource protection
and includes zoning, subdivision, special use permit or site plan
regulation or any other regulations which prescribe the appropriate
use of property or the scale, location and intensity of development.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
A reconfiguration of lots which will result in a different geometric configuration; however, the public hearing requirements of § 134-9C of this chapter shall not apply to the consolidation of lots or to lot line realignments affecting no more than two lots in the R, R-1, and R-Ag-1 Zoning Districts, and the Planning Board shall be empowered to issue one unified approval in such circumstances, as opposed to preliminary approval followed by final approval..
[Added 3-8-1999 by L.L. No. 2-1999; amended 8-22-2022 by L.L. No. 7-2022]
A city, town or village.
A security which may be accepted by the municipality in lieu
of a requirement that certain improvements be made before the Board
gives final approval to a subdivision plan. Such security shall be
sufficient to cover the full cost of all uncompleted improvements
in the subdivision as estimated by the Board or agency designated
by the Board. Securities shall include such collateral or agreements
acceptable to the Town Board or a bond issued by a surety company
and to run for a term not to exceed three years; provided, however,
that the terms may be extended by the Board with the consent of the
parties thereto.
A map or maps of a subdivision.
A drawing prepared in a manner prescribed by this chapter
which shows a proposed subdivision, containing in such additional
detail as may be required by this chapter all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of the approval of the preliminary
plat if such preliminary plat has been so approved.
A drawing prepared in a manner prescribed in this chapter
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 required
by this chapter.
A freehand sketch showing the general features of a proposed subdivision in accordance with § 134-21 of this chapter.
A lot, parcel, tract or plot of lands, together with the
buildings and structures thereon.
A privately owned strip of land of a width less 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 lot extending between and having frontage on a major traffic
street and a minor street and with vehicle access solely from the
latter.
A strip of land acquired by reservation, dedication,
forced dedication, prescription or condemnation and occupied or intended
to be occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary or storm sewer and
other similar uses; in general, the right of one to pass over the
property of another.
Measurement for the width of a "right-of-way"
used as a road shall be made from the property lines of the abutting
properties. Such designated width may not be used for setback requirements
of the abutting properties.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
The maximum extent of unobstructed vision in a horizontal
plane along a street from a lot egress onto a street to any given
point on that street.
Any structure or part thereof or device attached thereto
or painted or represented thereon which shall, of itself or by display
or inclusion of any letter, word, device or representation, be used
as or which is in the nature of an announcement, direction or advertisement.
MAJOR STREETSThose which serve or are designed to be used primarily for fast-moving traffic volumes and are used primarily as routes for traffic between communities.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, are designed to connect minor streets to the major street system.
MINOR STREETSThose used primarily to provide access to abutting property.
A combination of materials constructed, assembled or erected
at a fixed location, including, for example, a building, mobile home
or carport, the use of which requires location on the ground or attachment
to something having location on the ground.
The owner of a subdivision, or an agent of the owner as authorized
in writing.
The division of any parcel of land into a number of lots,
blocks or sites as specified in this chapter, with or without streets
or highways, for the purpose of sale, transfer of ownership or development.
Subdivisions may be defined and delineated by local regulation as
either "major" or "minor," with the review procedures and criteria
for each set forth in this chapter.
[Amended 3-3-2017 by L.L.
No. 4-2017; 8-22-2022 by L.L. No. 7-2022]
The date when a sketch plat, complete preliminary or subdivision
plat is submitted to the Clerk of the Planning Board. Completeness
shall be determined by submission of all required surveys, plans,
data and fees as specified in the checklist available from the Planning
Board Clerk and, if necessary, by Planning Board review at its monthly
work session.
The Town Board of the Town of Marlborough.
The materials, written or graphic, including but not limited
to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
town. The "Comprehensive Plan," as herein defined, shall, among other
things, serve as a basis for land use regulation, infrastructure development,
public and private investment and any plans which may detail one or
more topics of a comprehensive plan.
The person duly designated as engineer of the town on a permanent
or consulting basis.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks, and
includes any area adjacent thereto subject to inundation by reason
of overflow or floodwater.
An open space, as may be required by this chapter, of uniform
width or depth, on the same lot with a building or group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
