For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A structure including supports erected over a depression
or an obstruction, such as water, highway, or railway, and having
a track or passageway for carrying traffic or other moving loads,
and having an opening measured along the center of the roadway of
more than 20 feet between under-copings of abutments or spring lines
of arches, or extreme ends of openings for multiple boxes; it may
also include multiple pipes where the clear distance between openings
is less than half of the smaller contiguous openings.
Synonym for trunk diameter used to measure the size of nursery
stock, measured six inches off the ground. Usually stated as a range
such as 2 inches to 2 1/2 inches caliper.
A list of items required to be addressed by the applicant
for initial, preliminary and final plan submissions. Appendix B[1] of this chapter contains copies of the checklists which
must be filled out and enclosed with the appropriate submissions.
(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, in its sole
discretion, for additional ninety-day periods per the recent amendments
to Town Law § 276, Subdivision 7(c).
The working drawings and specifications for public improvements
and utilities involved in the plan of subdivisions.
An area defined by a circle around the tree. For each one
inch of trunk diameter measured four feet six inches (54 inches) above
ground line, the circle should have a radius of one foot to one foot
six inches from the center of the tree. The CRZ for a twelve-inch
diameter tree would be a circle with a radius of 12 feet to 18 feet
from the center of the tree. If there is no disturbance to the CRZ,
then the expectation that the tree will survive is 99.9%.
The branches, leaves, flowers and other foliage of a tree;
all portions of a tree excluding the trunk and roots.
Areas where trees are growing in a natural woodland and where
the live crown ratio of the trees is generally 40% or less.
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 law.
Diameter of the trunk, measured at breast height of four
feet six inches (54 inches) above the ground. Used for trees four
inches or more in diameter.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
A person licensed as a professional engineer by the State
of New York.
(See "subdivision plat.")
Final 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 final approval of the
plat is/are completed. Such final approval qualifies the plat for
recording in the office of the Orange County Clerk.
That portion of the floodplain outside the floodway, but
immediately adjacent thereto, occupied by quiescent or slow-moving
waters during floods.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
or an area subject to the unusual and rapid accumulation of runoff
or surface waters from any source.
Has the same meaning as "regulatory floodway," as defined
in the Town's Local Law for Flood Damage Prevention.[2] "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 116-13B of Chapter 116, Flood Damage Prevention, of the Code of the Town of Montgomery.
An area defined by a line around a group of trees that connects
the outside of the critical root zones of the individual trees in
the group; that is, the area around the group of trees which would
provide protection for all the trees in the group.
A watercourse that flows during portions of the year but
not all year. Intermittent streams typically carry flow during snowmelt,
periods of above average rainfall or following heavy storms. These
streams typically have a well-defined channel. They have no fish population
and a very sparse benthic invertebrate population.
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, trees, shrubs, flowers, walls, berms, swales,
lanes, paths and other similar natural and man-made elements or forms.
(See "surveyor, land.")
An estimate of the ratio of the length of the live crown
to the height of the tree expressed as a percentage, i.e., a one-hundred-foot-high
tree, with 60 feet of live branches has an LCR of 60%. Trees with
less than 40% LCR do not fare well when the trees around them are
removed.
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, or recorded maps
or a deed filed prior to 1988. A natural subdivision will be recognized
by a parcel in single ownership of more than two acres which meets
all zoning bulk and area requirements for the district in which it
is located and is not landlocked and which is separated from the parent
parcel by a public street. Two or more nonconforming contiguous lots
under the same ownership shall be considered as one lot whether or
not the combination creates a conforming lot.
A re-subdivision consisting only of a shifting or change
in internal lot lines between two or more parcels that does not create
an additional buildable lot or area, does not impact any public lands
or access thereto, and does not increase any existing degree of lot
area nonconformity and does not impact existing or proposed lot improvements.
Such lot line changes may be approved by the Planning Board without
requirement for a public hearing in the sole discretion of the Planning
Board. (See "re-subdivision.")
A Comprehensive Plan, prepared by the Town Board or other
designated body pursuant to § 272-a of the Town 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, if any, established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed. If adopted, such map will be available from
the Town Clerk.
The typical bank full level of a watercourse or water body
(or full pool elevation of an impoundment) during periods of rainfall
not associated with flooding or drought events.
Any parcel of land owned individually and separately, and
separated in ownership from any adjoining tracts of land as of April
6, 1978, (the effective date of the Comprehensive Subdivision Regulations)
which has a total area which exceeds the minimum requirements of the
current Zoning Law[3] unless the grandfathering provisions of the Zoning Law
apply.
An irrevocable letter of credit or other security acceptable
to the Town in lieu of a requirement that certain improvements be
made before the Planning Board Official signs a subdivision plat.
Such security shall be sufficient to cover the full cost of all uncompleted
improvements in the subdivision as estimated by the Planning Board
and approved by the Town Board. Securities shall include such collateral
or agreements acceptable to the Town Board to run 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 Montgomery.
A drawing prepared in a manner prescribed by local regulations,
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 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.
Refer to Checklist for Preliminary Plat in Appendix B of this chapter.[4]
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 Article III, §§ 200-11, 200-12 and 200-13 and the checklist in Appendix B of this chapter.[5]
A privately owned strip of land of less depth 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 effects 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 prior to the adoption of any regulations
controlling subdivisions, or if it creates or eliminates a lot. Such
re-subdivision shall be considered as a subdivision and shall be required
to adhere to regular subdivision regulation procedures if new buildable
lots are created. If new buildable lots are not created (See definition
of "lot line change."), a public hearing shall be optional at the
sole discretion of the Planning Board.
The minimum acceptable standards of street construction for
proposed Town roads within subdivisions, as promulgated by the Town
of Montgomery and its Highway Superintendent.
Three or more significant trees of the same species growing
with roots that overlap in the same critical root zone and/or where
the group of trees form a cluster that is separate from the other
trees in the general area.
Healthy trees with a diameter breast height of eight inches
or more and with a live crown ratio of 50% or more. scrub or nuisance
trees, as defined by the Town's landscape architect, can be eliminated
from any listing of significant trees that may be required by the
Planning Board.
The total contiguous land of any owner whether part or all
of such owner's land is submitted for plat approval.
An optional and conceptual first draft of a formal application for a proposed major subdivision showing the information specified in Article V, § 200-26, of this chapter to enable the subdivider to save time and expense in reaching a direction from the Planning Board as to the form of the layout and objectives of these regulations prior to the preparation of preliminary plans. Any feedback from the Planning Board on a sketch plan shall be informal and not binding. (See the checklist in Appendix B of this chapter for the initial submission.[6])
A healthy tree with a diameter at breast height (54 inches)
of 24 inches or greater and a live crown ratio of 50% or more.
A watercourse or portion thereof, including the bed and banks
thereof. Small ponds or lakes with a surface area at mean low water
level of 10 acres or less and located in the course of a stream shall
be considered part of a stream. A stream does not include a pond or
lake having a surface area of greater than 10 acres at mean low-water
level.
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 or industrial parks.
A street or a portion of a street with only one vehicular
traffic outlet. Dead-end streets are regulated as to maximum and minimum
lengths.
Pole-mounted luminaires installed at specific locations for
the purpose of illuminating streets and sidewalks providing vehicle
and pedestrian safety, homeowner visibility and a feeling of security.
Streetlighting shall avoid light pollution that would cause glare,
up-cast lighting or sky-glow creating hazardous driving or walking
conditions and nuisance light spillover or glare affecting nearby
properties or traffic. The selected poles and fixtures must be approved
by the Planning Board.
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 other heavy traffic between communities and/or
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 vehicle
traffic.
The full width of a 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(s) outside the subdivision so that continuity of traffic
circulation can be maintained. The improvement of such street tap
or stub street shall be provided at the option of the Planning Board.
The width of right-of-way, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership, limited liability
company, entity or association, who shall make application to lay
out any subdivision or part thereof as defined herein, either as the
owner or as the duly authorized designee of the owner.
The division or any parcel of land or structure into two
or more lots, blocks, sites, or units with or without streets or highways.
Such subdivisions shall include re-subdivision 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. For
the purposes of this chapter, a "parcel" shall be considered already
to have been subdivided into two or more lots if bisected by one or
more public streets and which is in single ownership and is more than
two acres which meets all zoning, bulk and area requirements for the
district in which it is located and is not landlocked.
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 Town facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provisions or portion of the Master Plan, Official Map, or
Zoning Law, if such exists, or this chapter.
A drawing in final form, prepared in a manner prescribed
by these local regulations, showing a proposed subdivision, containing
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 and/or conditional final
plat approval of such proposed subdivision if such preliminary plat
approval and/or conditional final plat approval has been granted.
Such plat also shall incorporate all mitigation measures required
under the State Environmental Quality Review Act (SEQRA), where applicable.
The Highway Superintendent of the Town of Montgomery.
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 the enactment date of these regulations and also at the
time of the review of the application, on file in the office of the
Tax Assessor, Town of Montgomery and the Orange County Office of Real
Property.
The duly designated Attorney for the Town.
The Town Board of the Town of Montgomery.
(See "Master Plan.")
The duly designated licensed professional Engineer for the
Town.
The duly designated Attorney to the Planning Board.
The duly designated licensed professional Engineer to the
Planning Board.
A street, right-of-way, easement, sidewalk, or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.
The Zoning Law[7] of the Town of Montgomery.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included in an attachment
to this chapter.
[5]
Editor's Note: Said appendix is included in an attachment
to this chapter.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
