For the purpose of these regulations, certain
words and terms used herein are defined as follows:
The Commissioner of Public Works of the Town of Warwick.
[Added 6-23-1988 by L.L. No. 1-1988]
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. The allowable conditions of conditional approval shall not include
any required approvals by county or state agencies or the payment
of any required fees to the Town. 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.
Architect, landscape architect, surveyor, 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 defined by state law.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
See "subdivision plat."
The signing of a final plat by a duly authorized officer
of a Planning Board after a resolution granting final approval to
the plat or after conditions specified in a resolution granting conditional
approval of the plat are completed. Such final approval qualifies
the plat for recording in the office of the Orange County Clerk.
Open space features, which include but are not necessarily
limited to the following existing and cultivated elements arranged
to produce an ornamental 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 and forms.
See "surveyor."
A parcel or portion of land separated in ownership 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.
A comprehensive plan prepared by the Planning Board 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 the general physical development of the
municipality and includes any unit or part of such plan separately
prepared and any amendment to such plan or parts therein.
The duly designated Attorney of the Town of Warwick.
The duly designated professional Engineer of the Town of
Warwick.
The Town Board of the Town of Warwick.
A map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, 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 of the regular meeting of the Planning Board, at least 21 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by Article V of this chapter, has been filed with the Secretary of the Planning Board.
[Amended 6-12-2003 by L.L. No. 3-2003]
Any parcel of land owned individually and separately and
separated in ownership from any adjoining tracts of land on the effective
date of these regulations, which has a total area which exceeds the
minimum requirements for lot size in the Zoning Ordinance[1] and for which there exists the legal possibility of subdivision
or resubdivision.
A security which may be accepted by the municipality 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 estimated by the Town Engineer and approved
by the Planning Board. Securities shall include such collateral or
agreements as are 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 term may be extended by the Town Board
with the consent of the parties thereto.
The Planning Board of the Town of Warwick.
A drawing prepared in a manner prescribed by these 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 approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles at suitable scale and in such detail as these regulations
may require.
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 side by the boundary of a subdivision
containing said proposed street.
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat or any area reserved
thereon for public use or any change of a lot line, or if such change
affects any map or plan legally recorded prior to the adoption of
any regulations controlling subdivisions.
The minimum acceptable standards of street construction for
proposed municipal roads within subdivisions, as adopted separately
on June 17, 1971.
[2]The total contiguous land of any owner whether part or all
of such owner's land is submitted for plat approval.
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.
A street serving no more than eight dwelling units or serving
an off-street parking lot.
Those streets which carry traffic from minor streets to the
major street or arterial streets and highways, including the principal
entrance streets of large residential developments.
A street or 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 traffic between
communities and/or other heavy-traffic-generating areas.
A street intended to serve primarily as an access to abutting
properties.
The wearing or exposed surface at the roadway used by vehicular
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.
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 designed to provide a connection to possible future
development outside the subdivision so that continuity of traffic
circulation can be maintained.
The width of right-of-way, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership or association
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 into two or more lots,
blocks or units with or without streets or highways. Such division
shall include resubdivision 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 or
railroad rights-of-way or if shown as a separate conforming parcel
on the official tax records.
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 municipal 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 municipal 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, Zoning Ordinance[3] or this chapter.
A subdivision classified as such under the provisions of
the Zoning Ordinance[4] or by special act of the Town Board acting under the provisions
of § 280-a of the Town Law, without frontage for each lot
on an existing street and not requiring any new municipal street,
street extension or extension of municipal facilities.
A drawing in final form, prepared in a manner prescribed
by these regulations, showing a proposed subdivision and containing
in such additional detail as shall be provided by these regulations
(or any other applicable state law or local law, ordinance, rule,
regulations or resolution) all information required to appear on a
preliminary plat as well as 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.
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, on file in the
office of the Tax Assessor, Town of Warwick.
See "Master Plan."
Any division of a structure or of a parcel of land into two
or more distinct portions, one or more of which will not be owned
in fee simple.
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized transport.
The Zoning Ordinance of the Town of Warwick
[5]
