Unless expressly stated, words in the singular
include the plural, and all words in the plural include the singular.
The word "persons" includes a corporation or unincorporated association;
"building" includes "structure" and shall be construed as if followed
by the words "or parts thereof." The word "road" includes "street,"
"highway" and "lane"; the word "watercourse" includes "drainage,"
"ditch" and "stream." The word "shall" is a mandatory requirement
unless otherwise indicated.
As used in this chapter, the following terms
shall have the meanings indicated.
A means or way of getting from place to place.
A strip of land at least 40 feet in width abutting a Town
road, county road or state highway, providing access to a lot.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which subdivision approval by the Planning Board is required as provided
for in the New York State Town Law and NYS Agriculture and Markets
Law Article 25AA (as amended).
A strip of land over which there is a right-of-way, publicly
or privately owned, on which no building fronts, serving as a secondary
means of access to two or more properties.
Anyone submitting an application for subdivision and development
of land or lot line adjustment. An applicant is any person, firm,
corporation, partnership, or association which lays out, for the purpose
of sale, conveyance, or development, any subdivision or part thereof
either for themselves, the property owner(s) or for others. An applicant
must be the property owner(s), or provide written authorization for
another party to act on his/their behalf.
The application form, fees, SEQR forms, and all accompanying
documents required by this chapter for approval of a subdivision plat.
A mound of soil, either natural or man-made, used to obstruct
views, noise, or water flow.
A performance or maintenance obligation duly issued by a
bonding or surety company approved by the Town Board with security
acceptable to the Town Board or a performance bond issued by the developer-obligor
accompanied by security in the form of cash, certified check or US
government bearer bonds deposited with the Town Board in the full
amount of the obligation, to assure completion of the terms and conditions
of final approval.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms and designed to limit continuously the view of and/or
sound from the site to adjacent sites or properties.
The total square footage of a parcel of land that is allowed
by the regulations to be covered by buildings and other physical improvements,
such as pools, tennis courts, and paved areas.
The line, established by local law, beyond which a building
may not extend (other than parts of the building expressly exempt
from this requirement).
A line generally parallel to the road, beyond which a building
may not project into the required yard setback as specified for the
zoning district in which the lot is situated. In the case of a corner
lot, any building line nearest to the road line shall be considered
a front building line.
The member of the Planning Board who has been duly appointed
by the Town Board as Chairperson (or Chairman), or in the absence
of such person or if the Town Board has failed to appoint a Chairperson,
the Deputy Chairperson, as may have been appointed by either the Town
Board or the Planning Board or, in the absence of both the Chairperson
and the Deputy Chairperson, a temporary Chairperson as may be appointed
for the meeting by the Planning Board.
The bed and banks of a stream which convey the constant or
intermittent flow of the stream.
Refer to "subdivision, cluster development."
Land within or related to a development, not individually
owned or dedicated for public use. Such land is jointly owned, designed
and intended for the common use or enjoyment of the residents of the
development.
A perpetual restriction on the use of land, as may be acquired
in accordance with the provisions of § 49, Title 3 of the
Environmental Conservation Law or § 247 of the General Municipal
Law, for the purposes of conservation of open space, agricultural
land, as well as natural, cultural, and scenic resources.
A specific geographic area designated by a local or state
agency which has exceptional or unique characteristics.
A right-of-way, publicly or privately owned, which cuts across
a block to furnish access for pedestrians to adjacent streets or properties.
The end of a street which is closed and, in general, consists
of a circular turnaround.
A drain, ditch or conduit not incorporated in a closed drainage
system that carries drainage water under a driveway, roadway, pedestrian
walkway or public right-of-way.
A stone, concrete or asphalt boundary usually marking the
edge of the roadway or paved area. (Refer to definitions for “shoulder”
and “swale.”)
The opening along the curb or roadway at which point vehicles
enter or leave the road.
The vertical reference point at sea level, or other assumed
vertical reference point, from which any reckoning or scale begins.
A covenant or restriction placed in a deed that restricts
the use of the land in some way. These are often used to ensure that
the owner complies with a condition imposed by the developer or a
land use body.
The permitted number of dwelling units per gross acre of land to be developed, as defined by Chapter 250, Zoning.
A road having an island or other barrier separating moving
lanes.
The outflow of water or other fluid from a site, whether
by natural or artificial means.
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a roadway.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
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.
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice or gravity.
A deed, bond, money or a piece of property delivered to a
third party, and which would be delivered to the grantee only upon
fulfillment of a condition(s).
Land used in agricultural production, including farm structures, equipment, and farm residential buildings. See also the definition of "farm" in Chapter 250, Zoning.
An internal collector roadway providing common access from
the major road network to a number of businesses and related establishments,
or to residences; often termed a “parallel access road.”
The Federal Emergency Management Agency that administers
the National Flood Insurance Program. FEMA enables property owners
to purchase flood insurance for property within or adjacent to floodways
through the National Flood Insurance Program.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or other materials.
Material deposited in an area to change the ground elevation.
The official action of the Planning Board taken on a preliminarily
approved subdivision after all conditions, engineering plans, driveway
location(s)/permit(s), and other requirements have been completed
and the required improvements have been installed, or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantee.
The final map of a subdivision which conforms to the preliminary
plat, including any required modifications.
The signing of a subdivision plat in final form by the Chairperson
of the Planning Board pursuant to the Planning Board resolution granting
final approval of the plat after all of the required conditions and
modifications of the plat have been satisfied by the applicant. The
final plat is qualified for filing in the Dutchess County Clerk's
office by the applicant.
Approval of a final plat subject to specific conditions set
forth by the Planning Board in a resolution. Conditional approval
of a final plat does not qualify a plat for recording nor authorize
issuance of any building permits prior to the signing of the plat
by the Planning Board Chairperson as satisfying all of the conditions
for final plat approval.
The channel of a stream or body of water and the adjoining
land area which is susceptible to being inundated by water from any
source. The term "one-hundred-year floodplain" shall mean the highest
elevation of water from flooding that has a frequency of occurrence
of 1% each year.
Any combination of structural and nonstructural additions,
changes or adjustments to structures, which reduce or eliminate flood
damage to real property, water and sanitary facilities, or structures
and their contents.
The degree of rise or descent of a sloping surface per 100
feet, specified in percentage terms. For the purpose of measuring
building height, "grade" is defined as the average elevation of the
finished surface of the ground or paving where it touches the building.
The final elevation of the ground surface after development.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water
or other liquid.
Any road which meets the design and construction standards
of the Town Highway Specifications for Town roads.
A physical change to the land or installation of certain
services necessary to produce usable lots or sites from raw land;
including, but not limited to, water and sewer facilities, recreation
and open space areas, grading, pavement, pedestrian walkways or sidewalks,
curbs, betterments to existing watercourses, road signs, sodding or
seeding, and monuments.
In road design, a raised area that is placed to guide traffic
and separate travel lanes; or used for landscaping, signing or lighting.
A map or maps that depict the natural features on and adjacent
to the property to be subdivided.
The "involved agency" under the State Environmental Quality
Review Act that is principally responsible for undertaking, funding,
or approving an action. The lead agency is responsible for determining
whether an environmental impact statement is required in connection
with the action and for the preparation and filing of the statement
if one is required.
A piece, parcel, tract, or plot of land owned in fee, and occupied or designed to be occupied by a principal building or buildings and including the yards and other open spaces required by Chapter 250, Zoning. "Premises" and "property" may mean one lot or multiple lots, when used with reference to a subdivision. Where a lot is in common ownership as part of a cluster development, "premises" shall mean the area related to or property owned by residents of one dwelling unit.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
The horizontal distance from the street line of the lot to
its opposite rear line measured along the median between the two side
lot lines.
That portion of a lot extending along a road line.
A modification of parcel boundaries in which a portion of
one parcel is combined with an adjoining parcel without increasing
the total number of parcels.
A lot having its front and rear yards each abutting on a
separate road or street.
The horizontal distance between the two side lot lines measured
at a right angle to the lot depth.
Any security which may be required to ensure that necessary
improvements and maintenance will function as required for a specific
period of time.
A written plan for the immediate and long-range protection,
enhancement, growth, and development of the Town, adopted by the Town
Board in conformance with § 272-a of the New York State
Town Law. The Master Plan identifies general locations recommended
for different types of development, for open space preservation, for
public improvements, and for such other items that are deemed necessary
for the orderly growth and development of the Town, including any
part of such plan separately adopted and any amendment to such plan,
or parts thereof. [1]
A municipal corporation comprising the inhabitants within
its boundaries, and formed for the purpose of exercising such powers
and discharging such duties of local government as well as the administration
of public affairs as have been, or may be, conferred or imposed on
it by New York State law.
A map, adopted by the Town Board, showing streets, highways
and parks heretofore laid out, adopted and established in accordance
with § 270 of the Town Law, or which may have been revised
according to the provisions of § 273 of the Town Law.
The date when a complete sketch plan, preliminary plat or final plat shall be considered submitted to the Planning Board. The latest allowed official submittal date at which complete material is required prior to the subject meeting is set by the Planning Board as a matter of procedure, usually the official meeting date of the Planning Board prior to the date of the meeting at which the subject is to be discussed. "Complete" means all required surveys, plans and data described in Article XIV are submitted.
Not located on the property that is the subject of development
nor on a contiguous portion of a road or right-of-way.
Land and/or water in its natural state and containing no
buildings or structures or land set aside or dedicated to remain unimproved
except for improvements in support of agriculture or recreation.
Owner of the freehold of the premises or lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
or executor trustee of a building, structure or premises. The term
"owner" shall not include another member of the owner's family, unless
that member is jointly an owner, or power-of-attorney is demonstrated
to have been executed thereto.
A lane usually located on the sides of roads, designed to
provide on-street parking for vehicular traffic.
Parking spaces provided in a parking lot, parking structure
or private driveway.
Parking spaces that are located on a roadway or dedicated
right-of-way.
The officially designated Planning Board for the Town of
Clinton.
A map or maps of a proposed subdivision.
Water that is suitable for drinking or cooking purposes,
as defined by the Dutchess County Board of Health.
An optional meeting between applicants and the Planning Board
Chairperson or other designated representative(s) to review and discuss
the initial subdivision concept and regulations informally.
A map indicating the layout of a proposed subdivision and
related information that is submitted by an applicant for preliminary
approval by the Planning Board.
The approval of the layout of a proposed subdivision as set
forth in the preliminary plat prior to final plat approval, after
specific elements of a subdivision or development plan have been agreed
upon by the Planning Board and the applicant.
Land in agricultural use or which has good potential for
agricultural use.
A public proceeding at which the public is given the right
and opportunity to speak regarding a particular matter or issue.
That portion of a parcel of land on which a subdivision occurs
which remains as an unsubdivided parcel of substantially greater size
than the lots that are subdivided.
A change in a subdivision plat or resubdivision plat filed
in the office of the Dutchess County Clerk, which change:
A structure erected between lands of different elevation
to prevent the washing down or erosion of earth from the upper slope
level and/or to support an earthen bank.
A legal right of use and passage over, under or through another
person's property, including an easement.
For "user" roads, the actual width of the traveled way, including
shoulders, space used for plowing snow, and ditches, culverts, and
similar road accessories. For other roads, the surveyed width of the
right-of-way, usually 50 feet, if dedicated to the Town, or three
rods (49.5 feet) for Town roads in the Town of Clinton.
A highway or similar roadway, typically though not necessarily
county- or state-designated, which carries substantial traffic or
feeds into such a traffic artery.
A public way primarily used, or intended to be used, for
passage or travel by motor vehicles. Unless otherwise specified, measurement
shall be to the center line of the street. The "edge" of such public
way shall mean the shoulder or ditch.
A public right-of-way, defined by actual public use through
property owned by the adjacent property owner. See also “road
width.”
The act of placing landscape features, such as trees, bushes,
shrubs, or man-made screens, such as fences or berms, to reduce the
impact of development on nearby properties.
Soil Conservation Service Technical Release 55, regarding
calculation of urban hydrology runoff, or Technical Release 20, regarding
calculation of hydrology runoff if routing is required.
A deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
An underground system with a septic tank(s), distribution
and leaching method used for the decomposition and dispersion of household
or human wastes and fluids.
The New York State Environmental Quality Review Act, including
Article 8 of the Environmental Conservation Law and 6 NYCRR 617, as
amended from time to time.
The minimum horizontal distance between the property line
to any structure, roadway, parking area, accessory building or other
such improvement on the lot except necessary driveways. "Front setback"
shall mean the setback measured to the center line of the roadway
or street.
The front, rear, and side setback requirements for the lot,
as stated in Chapter 204, Zoning, for the district in which the lot
is located, drawn to scale to form an "envelope" within which a building
may be sited. The minimum lot width requirement may also be superimposed
on the envelope to further restrict the area in which a building may
be sited.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving areas.
The graded part of the right-of-way that is adjacent to the
edge of the main pavement or main traveled area and provides lateral
support of the roadway.
A paved path provided for pedestrian use.
The distance an object 18 inches off the pavement (a tail-/headlight)
is visible from 44 inches above the pavement (average height of driver's
eyes).
A triangular-shaped portion of land established at road intersections
in which nothing is erected, placed, planted or allowed to grow in
such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection.
A conceptual plan that outlines general, rather than detailed,
subdivision intentions. A sketch plan describes the basic parameters
of a subdivision proposal and allows the general intentions of the
applicant to be proposed and discussed with the Planning Board without
the extensive costs involved in submitting a detailed proposal.
The ratio of vertical to horizontal measurements of a surface,
expressed in percentage or degree terms.
See “road.”
The wearing or exposed surface of a roadway used by vehicular
traffic.
See “applicant.”
The division of any parcel of land into two or more lots,
parcels, or plats, with or without roads, for the purpose, whether
immediate or future, of building, development, sale, or transfer of
deed or lease. The term "subdivision" shall include resubdivision
in whole or in part of any plat, filed or unfiled, which is entirely
or partially undeveloped. The adjustment of lot lines between neighboring
parcels of land shall not be deemed to be a subdivision under this
chapter, so long as the adjustment does not create an additional parcel
or lot.
A development approach in which building lots may be reduced
in size and buildings sited closer together, usually grouped or clustered
provided that the total development density does not exceed that which
could be constructed on the site under conventional zoning and subdivision
regulations. Cluster development is intended to encourage flexibility
in the design and development of land, as well as more economical
installation of roads and utilities. The additional land that remains
undeveloped is then preserved as permanent open space and/or recreational
land.
A subdivision of land that is not a cluster subdivision as
defined herein.
The natural ground lying beneath a road or finished grade.
The officially elected or appointed Highway Superintendent
for the Town.
Land used to direct stormwater runoff or to reduce the velocity
of stormwater runoff or to increase percolation into the natural groundwater
supply. Swales and/or shoulders are usually located along rural, less-intensity
roadways rather than curbs.
The original top layer of soil material.
The duly licensed professional engineer employed by the Town
Board for this purpose.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
A provider of electric, gas, water, sewer, or cable communications
service; also, the service itself.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks, and
includes any area adjacent thereto subject to inundation by reason
of overflow or floodwater.
An area of land that is inundated or saturated by surface
water or groundwater as defined by the rules, regulations, and policies
of the New York State Department of Environmental Conservation and/or
the United States Army Corps of Engineers, and/or the Town of Clinton.
The map delineating the boundaries of the various districts established under Chapter 250, Zoning, which, along with the text, comprises the Zoning Law.
The officially adopted zoning ordinance or law of the Town
of Clinton, together with any and all amendments thereto, in accordance
with Article 16 of the New York State Town Law and Articles 2 and
3 of the Municipal Home Rule Law.[2]
