A.Â
Except where specifically defined herein, all words used
in this chapter shall carry their customary meanings. Words used in the present
tense shall include the future tense. Words used in the singular number shall
include the plural and words used in the plural number include the singular,
unless the context clearly indicates the contrary.
B.Â
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof. A "building"
includes all other structures of every description, except fences and walls,
regardless of dissimilarity to conventional building forms. The word "lot"
includes the word "plot" or "parcel." The word "person" includes a corporation,
and a partnership, as well as an individual.
C.Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
For the purpose of this chapter, certain words and terms used herein
are defined as follows:
See "subdivider."
See "Planning Board."
The Code Enforcement Officer of the Village of Saugerties, New York,
or duly authorized representative.
Any lot upon which a principal residential or commercial building can be constructed in conformance with the requirements of Chapter 210, Zoning.
The line within a lot delineating the minimum distance between any part of a principal structure and an adjacent lot line or street line as required in Chapter 210, Zoning, of the Code of the Village of Saugerties.
The person duly designated as Clerk or Secretary of the Planning
Board.
The combining or merger of adjoining, but separate, individually
recorded lots and parcels into a single tract of land in single ownership.
A low barrier, usually along the pavement line of a street, road
or highway, controlling surface drainage and separating vehicular areas from
pedestrian and/or landscaped areas.
A facility for the temporary storage of stormwater runoff.
A private roadway providing access for vehicles from a street to
a parking space, garage, dwelling or other structure on one lot.
Permanent authorization by a property owner for the use by another
person, for a specified purpose, of any designated part of his property.
A form used by the Planning Board to assist it in determining the
environmental significance or nonsignificance of a proposed subdivision. A
properly completed EAF should contain information to describe the proposed
subdivision, the environmental setting, and the potential impacts of the proposed
subdivision upon the environment. There are two types of environmental assessment
forms:
FULL EAFA detailed EAF that must be used by the Planning Board to determine the environmental significance or nonsignificance of a proposed subdivision that meets or exceeds the thresholds for a "Type I Action" as established in the State Environmental Quality Review (SEQR)[1] procedures. The Planning Board may also consider, and require
submission of, a full EAF for a proposed subdivision that is classified as
an "unlisted action" as established in the State Environmental Quality Review
(SEQR) procedures but poses possible environmental impacts that the Planning
Board may consider to be possibly significant or potentially adverse.
SHORT EAFA simplified EAF that may be used by the Planning Board to determine the environmental significance or nonsignificance of an "unlisted action."
A report containing the description of a proposed subdivision, its
environmental setting, potential environmental impacts, mitigation methods,
and reasonable alternatives. It serves as a public disclosure of the record
used by the Planning Board in its environmental decisionmaking. There are
two stages in an environmental impact statement:
The final drawing or drawings of a subdivision submitted to the Planning Board, as prescribed in § 168-28 of this chapter. A final plat may be duly filed in the office of the County Clerk after approval by the Planning Board.
See "lot, flag."
That part of a lot which is coincident with a street line.
Any material or combination of materials that reduces and/or prevents
the absorption of stormwater into the ground. Such surfaces include roofs,
sidewalks, streets and parking areas. A material shall be considered to be
impervious if it has a percolation rate of 120 minutes per inch.
Any man-made, immovable item which becomes part of, placed upon,
or is affixed to real estate, including, but not limited to, the creation
of new streets, building sites, public walkways, parks and recreation areas,
water supply, and waste disposal facilities.
A lot fronting on a public or private road or street which does not meet the lot width requirements, as specified in Chapter 210, Zoning, at the rear of the required front yard, but which widens or extends to a point where the distance between the side lot lines is equal to or greater than the required lot width.
A transaction involving the transfer of property between two adjoining lots where the property to be transferred has less than the minimum lot area for building purposes as required under Chapter 210, Zoning, of the Code of the Village of Saugerties, and no new separate lots are created.
The horizontal distance between the side lot lines measured at right
angles to the lot depth at a point midway between the front and rear lot lines;
or the width of a lot measured along the rear line of the required front yard.
The lot width is not to be construed as being the same as the street frontage
of a lot.
See "Village Development Plan."
The date when a sketch plan, preliminary plat, or final plat shall
be considered submitted to the Planning Board, hereby defined to be the date
of the regular monthly meeting of the Planning Board. To be accepted for submission
all required surveys, plans, data, and fees must be filed with the Clerk or
other authorized person of the Planning Board at least 10 days prior to the
regular Board meeting.
The map established by the Village Board pursuant to § 7-724
of the New York State Village Law, showing existing and proposed streets,
highways, parks and drainage, and additions thereto resulting from approval
of subdivision plats by the Planning Board and the subsequent filing of such
approved plats.
The security which may be accepted by the Village in lieu of the
requirement that certain improvements be made and maintained before the Planning
Board gives final approval to a subdivision plan. This security may take the
form of a letter of credit, cash deposit or other form of financial surety
that is satisfactory to and approved by the Village Board.
The Planning Board of the Village of Saugerties.
A drawing or drawings clearly marked "preliminary plat," showing the layout of a proposed subdivision including but not restricted to, road and lot arrangement with approximate dimensions, key plan, topography, drainage and utilities, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as prescribed in § 168-27 of this chapter.
Any change of property lines or division of lots shown on a plat
previously approved by the Planning Board and filed in the office of the County
Clerk.
The plan showing development of one or more existing lots, showing existing site natural features and improvements, and proposed improvements, as specifically prescribed in Chapter 210, Zoning. A site plan does not show the location of proposed lots and lot lines and is not to be construed to be the same as a preliminary or final subdivision plat.
A sketch showing the general features of a proposed subdivision as prescribed in § 168-26 of this chapter.
The rules, regulations and procedures set forth in Title 6, NYCRR
(New York Code of Rules and Regulations), Part 617, which implement Article
8 of the New York State Environmental Conservation Law, where Article 8 establishes
the requirement for environmental review of actions approved, funded or directly
undertaken by state or local government.
A parcel of land or right-of-way intended for vehicular traffic,
whether designated as a road, avenue, lane, way, highway, or other similar
name, which:
Is an existing state highway, county road or village street; or
Is a street shown upon a subdivision plat approved by the Planning Board;
or
Is a street shown on a plat duly filed and recorded in the office of
the County Clerk prior to the creation of the Planning Board; or
Is a privately maintained street or common driveway in existence prior
to the date of adoption of this chapter.
A street which serves or is designed to connect minor streets to
the major street system.
A dead-end street with a turnaround at the end.
A street with only a single common point of ingress and egress.
The dividing line between a street and a lot.
A street which serves or is designed primarily for fast-moving or
large traffic volumes.
A street intended to primarily provide access to abutting lots.
A strip of land established by reservation, dedication, prescription
or condemnation and intended to be occupied by a road and also, where necessary,
by sidewalks and utility lines.
The finished wearing or paved surface portion of the street parcel
or right-of-way designed to be used by vehicular traffic.
A street that serves two or more lots which is not under the jurisdiction
of, or intended to be dedicated to, the Village or other government agency,
and is maintained by agreement amongst the owners of all lots having frontage
on, and having a right to access to, such street.
See "street parcel."
The width of a street parcel or right-of-way.
Any person, firm, corporation, partnership, or association, fiduciary,
trust or other legal entity, who, having an interest in land, either as owner,
co-owner or authorized representative of the owner, shall, either directly
or indirectly, lay out, for the purpose of development and/or sale, any subdivision,
as defined herein, either for himself, herself, or itself, or for the other
parties.
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 transfer of ownership or building development. Such division shall include
resubdivision of plats already filed in the office of the County Clerk if
such plats are entirely or partially undeveloped.
MINOR SUBDIVISIONAny subdivision containing not more than three lots, each of at least the minimum size, as permitted by Chapter 210, Zoning, and each fronting on an existing public street; not involving any new street or road or the extension of 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 Master Plan.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision. A proposed subdivision involving the further division of a parcel previously approved as part of a minor subdivision shall be considered a major subdivision if submitted to the Planning Board for approval within a period of one year from the date of the previous minor subdivision approval, unless the subdivider can demonstrate to the satisfaction of the Planning Board, by means of a sketch plan indicating the layout of the entire tract, that such further subdivision will not adversely affect the development of the remainder of the parcel or adjacent properties.
The Village of Saugerties, Ulster County, New York.
The person or firm duly designated as Attorney of the Village on
a permanent or consultant basis, and admitted to the Bar in the State of New
York.
The Village Board of the Village of Saugerties.
The Village Clerk of the Village of Saugerties.
The person or firm duly designated as Engineer of the Village on
a permanent or consultant basis, and licensed as a professional engineer by
the State of New York.
A comprehensive plan for the development of the Village prepared
by the Planning Board, pursuant to § 7-722 of the New York State
Village Law, which indicates the general location recommended for various
public works and reservations, and for the general physical development of
the Village, and includes any part of such plan separately adopted and any
amendment to such plan or parts thereof.
The person or firm duly designated as Planner of the Village on a
permanent or consultant basis.
The officially adopted standards and specifications for the design,
construction and dedication of new public streets in the Village.
The duly elected Superintendent of Highways of the Village of Saugerties.
Any natural or artificial collection of water, such as a pond, lake
or reservoir, whether permanent or temporary.
Any natural or artificial stream, river, creek, kill, brook, ditch,
channel, canal, conduit, drain, waterway, gully or ravine in which water flows
in a definite direction or course, either continuously or intermittently,
and has a definite channel, bed and banks.
All freshwater wetlands as identified and/or mapped by the New York
State Department of Environmental Conservation pursuant to Article 24 of the
Environmental Conservation Law, as may be amended from time to time.
The officially adopted Chapter 210, Zoning, of the Code of the Village of Saugerties, together with any and all amendments thereto.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
