For the purpose of this chapter, certain words
and terms used herein are defined below or in the Town of Newburgh
Zoning Law.[1]
See "Master 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 subdivision.
An architect, landscape architect, professional engineer
or other person licensed by the State of New York to practice site
planning and/or engineering. The "design professional's" responsibility
shall be as defined by the State Education Law.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of said owner's
property.
A person licensed as a professional engineer by the State
of New York.
See "subdivision plat."
Approval of a plat in final form is 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 have been
completed.
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 water bodies, trees, shrubs, flowers, walls, berms,
swales, lanes, paths and other similar natural and man-made elements
or forms.
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
right-of-way. Two or more nonconforming contiguous lots under the
same ownership shall be considered as one lot whether or not this
combination creates a conforming lot.
Any alteration of the lot line(s) or dimensions of any lots,
whether or not shown on a plat previously approved and filed in the
Orange County Clerk's office, which alteration will result in land
area becoming part of an existing adjacent lot, provided that no new
lots are created. Lot line changes shall not create nonconforming
lots or make existing lots more nonconforming. Lot line changes shall
not make an unimproved nonconforming lot into a conforming lot. A
lot line change is not a subdivision.
[Added 7-25-2011 by L.L. No. 2-2011]
A drawing, in final form, showing a proposed lot line change
containing all information or detail required by this chapter or any
other applicable state or local law, ordinance, rule, regulation or
resolution 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 contemporaneously with the deed
or deeds transferring land area to the adjacent lot.
[Added 7-25-2011 by L.L. No. 2-2011]
A comprehensive plan adopted by the Planning Board pursuant
to § 272-a of the Town Law or by the Town Board pursuant
to local 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 any amendment to
such plan or parts therein.
The map which the Town Board may establish pursuant to § 270
of the Town Law, showing streets highways, and 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 complete formal subdivision plat in proper form along with applications and fees as provided for in Article III of this chapter.
Any parcel of land owned individually and separately and
separated in ownership from any adjoining tracts of land on, and three
years prior to, the effective date of this chapter, which has a total
area which exceeds the minimum requirements of the Zoning Law 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 uncompleted improvements
in the subdivision as recommended by the Town Engineer or other appropriate
official and approved by the Town Board. Securities may consist of
collateral or agreements acceptable to the Town Board, an irrevocable
letter of credit issued by an acceptable bank or a performance bond
issued by an acceptable surety company, all to run for a term not
to exceed three years; provided, however, that the term may be extended
and the amount modified to reflect current costs by the Town Board
with the consent of the parties thereto.
The Planning Board of the Town of Newburgh.
A drawing prepared in a manner prescribed by local law 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,
all proposed facilities including preliminary plans and profiles at
suitable scale and in such detail as local regulation may require.
Approval by the Town Planning Board of a preliminary plat
is the approval of the layout of a proposed subdivision as set forth
in a preliminary plat, but subject to approval of the plat in final
form in accordance with the provisions of this chapter.
A privately owned strip of land of less depth than the lot
depth permitted by the applicable law, bounded on one side by a proposed
street and on the other by the boundary of a subdivision containing
said proposed street.
Any change of an approved or recorded subdivision plat if
such change affects any street layout shown on such plat or area reserved
thereon for public use or any change of a lot line or if it affects
any map or plan legally recorded.
The minimum acceptable standards of street construction for
proposed private or town roads within subdivisions, as required by
this chapter and other applicable statutes.
The total contiguous land of any owner, not just the part
of the owner's land submitted for plat approval.
A first draft of a proposed subdivision showing the information specified in § 163-6 of this chapter 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 this chapter.
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.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for such traffic
between communities and/or between communities and other heavy traffic
generating areas.
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.
The full width of a publicly or privately maintained traveled
way.
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 the right-of-way, measured at right angles to
the center line of the street.
Any person, firm, corporation, partnership or association
or other entity responsible for surety of improvements who shall make
application to lay out any subdivision or part thereof as defined
herein, either for himself or others.
The division of any parcel of land or structure into two
or more lots, blocks, sites or units, with or without streets or highways.
Such divisions shall include resubdivision of parcels of land for
which an approved plat has already been filed in the office of the
Orange County Clerk and which is entirely or partially undeveloped.
For the purposes of this Subdivision Law, a parcel shall be considered
already to have been subdivided into two or more lots if bisected
by one or more public streets or railroad rights-of-way.
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; or
Any subdivision of a parcel of land within three
years of final approval of a previous subdivision of all or a portion
of the same parcel. Application for a further subdivision of any portion
of a minor subdivision within a period of three years from the approval
date of the original subdivision shall constitute application for
a major subdivision, regardless of ownership of any portion of the
minor subdivision.
Any subdivision containing not more than four lots and not
involving the extension of municipal facilities and not adversely
affecting the development of the remainder of the parcel or property
and not in conflict with any provisions or portion of the Master Plan,
Zoning Local Law or this chapter or of other pertinent government
laws, rules or law.
A drawing in final form, prepared in a manner prescribed
by local regulation, showing a proposed minor or major subdivision,
containing in such additional detail as shall be provided by local
regulation (or any other applicable state 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 preliminary plat approval of such proposed
subdivision if such preliminary plat approval has been granted.
The Highway Superintendent of the Town of Newburgh.
A person licensed as a land surveyor by the State of New
York.
Information as to the owner of and description of a parcel
of land on file in the office of the Tax Assessor, Town of Newburgh.
The duly designated attorney of the town.
The Town Board of the Town of Newburgh.
See "Master Plan."
The duly designated licensed professional engineer of the
town.
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 Newburgh.[2]
