For the purpose of these regulations, certain words and terms used herein are defined as below. Words not defined herein may be defined in Chapter 49, Building Code Administration; Chapter 73, Flood Damage Prevention; Chapter 76, Highway Standards; Chapter 118, Waterfront Consistency Review; Chapter 119, Waterfront Revitalization Program; or Chapter 125, Zoning, or have their ordinary dictionary meanings.
"Biodiversity" describes the variety of life and its processes.
The term refers to all the variation in nature, including ecosystems,
biological communities, species and their genes. It also refers to
the interactions of organisms with each other, and with the nonbiological
components of their environments such as soil, water, air and sunlight.
Habitats with a high species richness (i.e., number of species) and
habitats with low species richness may be equally important to overall
biodiversity.
That representative or those representatives of the Planning
Board, either member, employee or consultant, who shall be designated
to perform the duties of the Clerk of the Planning Board for purposes
of these regulations.
An application for subdivision approval which includes all
of the following:
All information concerning the proposed subdivision in the format
required by the applicable provisions of this chapter;
All application fees required by this chapter, and the escrow deposit for development review costs shall be made in accordance with Article XIV of the Zoning Law;
An EAF assessing the potential environmental impacts of the
proposed subdivision; and
A determination by the Planning Board, or by the lead agency
in the event of a coordinated review involving other agencies, that
the proposed project is not likely to have a significant impact on
the environment (negative declaration), or the filing of a notice
of completion of a DEIS in accordance with the provisions of SEQR.
The Planning Board, if it is the SEQR lead agency for review of the
subdivision application, may, in its discretion, open the public hearing
on the subdivision application prior to the issuance of a negative
declaration or the notice of completion of a draft EIS, as the case
may be, if the Planning Board determines that public comment may be
helpful to the Board in making its SEQR determination. However, in
such a case, the Board shall not close the public hearing until after
the negative declaration or notice of completion, as the case may
be, has been issued, and the public hearing on the application has
been completed.
The official Town Board adopted document that provides a
consistent policy direction to guide the immediate and long-range
protection, enhancement, and development of the Town of Rhinebeck.
As described in § 272-a of the New York State Town Law,
the Comprehensive Plan consists of materials, written and/or graphic,
including but not limited to maps, charts, studies, resolutions, reports,
elements, appendices, and other descriptive material. Such materials
identify goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the unincorporated area of the Town outside
the Village of Rhinebeck. The Town of Rhinebeck Comprehensive Plan
may also be referred to as either the "The Rhinebeck Plan," the "Town
Plan" or the "Town Comprehensive Plan."
A legal agreement in the form of an easement, covenant, restriction
or other interest in real property created under and subject to the
provisions of Article 49, Title 3, of the Environmental Conservation
Law, held by a local land trust and filed at the Dutchess County Clerk's
office, which limits or restricts the development, management or use
of such real property in perpetuity for the purpose of preserving
or maintaining the scenic, agricultural, open, historic, recreational,
archaeological, architectural or natural condition, character, significance
or amenities of the property.
Refers to consecutive calendar days.
That licensed professional engineer, either employee or consultant,
who shall be chosen by the Town Board upon recommendation of the Planning
Board to perform the duties of the designated Town Engineer for purposes
of these regulations.
That professional planner, either employee or consultant,
who shall be a member of the American Institute of Certified Planners,
who shall be chosen by the Town Board upon recommendation of the Planning
Board to assist in the review of project-specific applications and
to advise on the administration of this chapter, the Comprehensive
Plan, Town Design Guidelines and Standards, Zoning Law,[1] Freshwater Wetlands Law,[2] Flood Damage Prevention Law,[3] Local Waterfront Revitalization Program,[4] Open Space and Affordable Housing Implementation Plan,
State Environmental Quality Review Act (SEQR) and related planning
and regulatory review requirements.
Land area within a residential building lot within which
the residential building, driveway access thereto, and supporting
improvements, including water supply and sanitary sewage facilities,
stormwater improvements and franchise utilities, lawns and accessory
structures, may be located; may also be referred to as "maximum development
envelopment," "maximum disturbance area," "limit of disturbance,"
"area of disturbance," or "area of potential effect."
A private way situated within a lot for vehicular traffic
providing access from a street to a single dwelling or a commercial
premises. "Common driveway" is the term employed to identify a like
facility which provides shared access to dwellings or commercial premises.
Environmental assessment form, either short- or long-form,
for the review of potential environmental impacts under the New York
State Environmental Quality Review Act.[5]
An acquired right of use on the property of another, for
a specified purpose on a designated part of that property.
A person licensed as a professional engineer by the State
of New York.
The Environmental Conservation Law of the State of New York,
Chapter 43-B of the Consolidated Laws.
Buildings or other structures, objects, landscapes, archaeological
resources, or sites listed or eligible for listing on the State or
National Registers of Historic Places or locally designated as an
historic or cultural resource by the Town Board.
A physical change to the land or installation of certain
services necessary to produce usable lots or sites from raw acreage,
including, but not limited to, water and sewer facilities, recreation
and open space areas, grading, pavement, curbs, gutters, stormwater
management facilities, sidewalks and other pedestrian ways, bicycle
paths, lanes or routes, street signs, shade trees, sodding or seeding,
buffer plantings and monuments, and lighting, whether such improvement
is intended to be dedicated and maintained by the public, or held
in private ownership.
A map showing streets, highways and parks heretofore laid
out, which may be adopted by the Town Board in accordance with § 270
of the Town Law.
The Planning Board of the Town of Rhinebeck, Dutchess County,
New York.
The map of a subdivision showing the location, boundaries
and proposed ownership of individual properties and associated improvements.
The maps, drawings and other data showing the layout of a proposed subdivision, as specified in Article VII, § 101-7.3, of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout and improvements within such proposed subdivision.
The Public Health Law of the State of New York, Chapter 45 of the Consolidated Laws.
A not-for-profit corporation organized, inter alia, for the
conservation or preservation of real property and which has the power
to acquire interests in real property. Such organization must have
qualified as exempt for federal tax purposes pursuant to § 501(c)(3)
of the Internal Revenue Code or any similar successor statutory provision;
or
The state or a municipal corporation as that term is defined
in § 2 of the General Municipal Law.
The review and evaluation of the natural, historical and
cultural resources on a site, resulting in the identification of resources
to be protected and establishing preliminary building envelopes, also
known as "potential development areas."
Any change in the plat of a subdivision which has previously
been filed in the Office of the Dutchess County Clerk, which change
affects any street layout shown on such plat, affects any area reserved
thereon for public use or changes the area or any other dimension
of any lot shown thereon. A resubdivision shall be considered a subdivision
for the purposes of these regulations.
The New York State Environmental Quality Review Act, Article
8 of the Environmental Conservation Law, and the implementing regulations
in 6 NYCRR 617.
The distance an object 18 inches off the pavement (e.g.,
a tail light) is visible from an eye level 54 inches above pavement
(i.e., an average seated driver's eye) measured 10 feet from
the edge of the traveled portion of the street or such distance as
the Planning Board deems appropriate. Standards promulgated by the
Institute of Transportation Engineers (ITE) or the American Association
of State Highway and Transportation Officials (AASHTO) may also be
used in calculating sight distance.
A sketch of a proposed subdivision showing the information
required by 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 the objectives of these regulations.
A sketch plan shall be drawn to scale but need not have the accuracy
of an engineering drawing.
A public or private right-of-way which provides vehicular
access to abutting properties.
COLLECTOR ROADA residential collector road collects traffic from residential areas and channels it to larger roads, such as county or state highways. It is well-traveled and accommodates a variety of vehicles.
CUL-DE-SAC or DEAD-END STREETA minor street with only one means of vehicular and pedestrian ingress and egress and with a turnaround at its terminus. Cul-de-sac or dead-end streets are discouraged by these regulations.
PRIVATE ROADA minor road that serves a limited number of residences or a recreational area, proposed for permanent ownership and maintenance by a private entity, e.g., a homeowners' or condominium association.
PUBLIC ROADA road proposed for dedication to the Town of Rhinebeck for purposes of ownership and maintenance.
RESIDENTIAL AND FARM ACCESS ROADThis road, used mostly by cars, light trucks and farm vehicles, provides access solely to farm areas and residences. Traffic on this road is light, but may include occasional large trucks, school buses and farm equipment.
THROUGH ROADA road with two or more means of ingress and egress; i.e., having two or more points of connection with another road or roads.
The wearing or exposed surface of the roadway used by vehicular
traffic; i.e., the traveled way.
The width of the right-of-way or the distance between property
lines on opposite sides of a street, measured at right angles to the
center line of such street.
Any person, firm, corporation, partnership or association
who or which shall lay out, for the purpose of development, sale or
lease, any subdivision or part thereof, as defined herein, either
for himself, herself, itself or for others.
The division of any parcel of land into two or more lots,
plots, sites, or other division of land for the purpose, whether immediate
or future, of lot line alteration except in the matter of consolidation
in their entirety of two or more contiguous parcels, transfer of ownership,
lease for other than recreation, conservation or agricultural purposes,
or building development. Such division shall include lot line adjustments
or resubdivision of any parcel of land for which an approved plat
has already been filed in the office of the Dutchess County Clerk.
[Amended 3-12-2018 by L.L. No.
2-2018]
LOT LINE ALTERATIONAlso known as a "resubdivision," a type of minor subdivision resulting in any other modification in either the boundary of an existing, legally established lot or in deeded easement providing for driveway access to the lot access which neither results in the creation of any new lot nor creates or increases any noncomplying condition with respect to any area or bulk or other dimensional requirement established by the Town Zoning Law,[6] or other regulations administered by the Dutchess County
Health Department, the New York State Uniform Fire Prevention and
Building Code, or other pertinent law, rule or regulation.
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each fronting on an existing street, not involving any new public or private street or road, or the extension of Town or other municipal facilities, 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, Official Map, Town Zoning Law,[7] Freshwater Wetlands Law,[8] Local Waterfront Revitalization Program,[9] or these regulations.
MAJOR SUBDIVISIONAny 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 any extension of Town or other municipality's facilities.
CONSERVATION SUBDIVISIONA subdivision which is designed in accordance with the provisions of Article V, § 125-43, of the Town of Rhinebeck Zoning Law and which is specifically intended to conserve significant features of the natural and cultural landscape, and which achieves this result through flexibility in lot area and dimensions and permanent designation of protected open space through conservation easements as defined herein.
CONVENTIONAL SUBDIVISIONA subdivision in which lots are laid out in accordance with the basic dimensional standards of the zoning district in which the property is located, as set forth in the Schedule of Area and Bulk Regulations,[10] and for which a special use permit and site plan approval is required pursuant to Articles VI and VII of the Town of Rhinebeck Zoning Law.[11]
The final maps, drawings and charts on which the subdivider's
plan of subdivision, containing all information or detail required
by law and by these regulations, is presented to the Planning Board
for approval, and which, if approved, shall be submitted to the Dutchess
County Clerk for filing or recording in order to complete the subdivision
approval process.
The duly-elected Town Superintendent of Highways.
A person licensed as a professional land surveyor by the
State of New York.
The Town Board of the Town of Rhinebeck, Dutchess County,
New York.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
The standards and specifications adopted by the Town Board
for the construction of streets and related subdivision improvements.
Defined in accordance with § 152 of the New York
State Vehicle and Traffic Law to include pedestrians, ridden or herded
animals, vehicles, bicycles, and other conveyances, either singly
or together while using any highway for purposes of travel.
New York State Department of Environmental Conservation designated
freshwater wetlands and those adjacent upland areas within 100 feet
of the delineated wetland; federal wetlands regulated by the U.S.
Army Corps of Engineers; and wetlands and the adjacent upland areas
within 100 feet of the delineated wetland protected by the Town of
Rhinebeck Freshwater Wetlands Law.[12]
The officially adopted Zoning Law of the Town of Rhinebeck,
together with any and all amendments thereto, in accordance with Article
16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule
Law.[13]
