For the purpose of this chapter, certain words and terms used
herein are defined as follows:
AGRICULTURAL DATA STATEMENT
A written statement required when certain land use determinations
within 500 feet of a farm operation located in an agricultural district
take place. The statement must include information about the proposed
project and is to be included in the application for project approval.
A notice of the project application is mailed to owners of land associated
with the neighboring farm operation identified in the statement. The
Planning Board is required to evaluate and consider the statement
in its review of possible impacts of a project on nearby farm operations.
AGRICULTURAL DISTRICT
An area of land designated by the Rensselaer County Legislature
according to Article 25-AA (Agricultural Districts) of the New York
State Agriculture and Markets Law to protect and promote agricultural
activities.
CLERK OF THE PLANNING BOARD
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for all purposes of this chapter.
COMPREHENSIVE PLAN
A comprehensive plan for development of the Town, prepared
pursuant to § 272-a of the Town Law, which indicates the
general locations recommended for various public works and reservations
and the general physical development of the Town, and includes any
part of such plan separately adopted or any amendment to such plan
or parts thereof.
CONDITIONAL APPROVAL
Approval by the Planning Board of a preliminary or a final
plat subject to such conditions as may be set forth by the Planning
Board in a resolution conditionally approving such plat. Such conditional
approval does not qualify a final plat for recording nor does it authorize
issuance of any building permits prior to the signing of the plat
by a duly authorized officer of the Planning Board and recording it
in the office of the County Clerk or Registrar as herein provided.
CONSERVATION SUBDIVISION
A development pattern in which the structures are placed
on a lot in a manner which protects critical environmental and cultural
features that may be present and where 50% of the parcel is permanently
preserved as open space.
DEAD-END STREET
A street or a portion of a street with only one vehicular
outlet.
DRIVEWAY
A private access route directly serving a parking area; or
serving parking spaces not directly serving more than two dwelling
units, and not providing a route for through traffic.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
FARM
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation, and marketing of crops, livestock, and livestock products
as a commercial enterprise, including a commercial horse boarding
operation as defined in this chapter. Such farm operation may consist
of one or more parcels of owned or rented land, which parcels may
be contiguous or noncontiguous to each other.
FLAG LOT
A building lot not meeting the required road frontage and
characterized by a narrow strip of property by which access is gained.
HOMEOWNERS' ASSOCIATION
An organization of homeowners residing within a particular
development whose major purpose is to preserve, maintain, and provide
community areas, facilities and services for the common enjoyment
of the residents.
LOT
A parcel of land having defined boundaries.
LOT AREA
The total horizontal area included within lot lines.
LOT, COVERAGE
That percentage of the lot covered by the footprint of the
principal and accessory building area.
LOT DEPTH
The horizontal distance from the street line of a lot to
the rear lot line of such lot, measured in the general direction of
the side lot lines.
LOT FRONTAGE
That portion of a lot which directly abuts the right-of-way
line of a dedicated Town, county or New York State Highway.
LOT LINE ADJUSTMENT
An adjustment or relocation of a property line between two
existing adjacent parcels that does not result in the creation of
additional parcels. The Town will review the proposed lot line adjustment
to ensure that Town standards for such items as minimum lot size,
setbacks and access are maintained.
LOT WIDTH
The distance between side lot lines at the required minimum
front yard depth measured:
A.
Along a line parallel to the line connecting the end points
of the front lot line; or
B.
In the case of a cul-de-sac, along a line parallel to the arc
connecting the end points of the front lot line.
MAJOR SUBDIVISION
A classification applied to any proposed subdivision in which
land is to be divided into four or more lots within a period of five
years from the date of approval of the first subdivision and that
is not classified as a minor subdivision.
MINOR SUBDIVISION
The division of a parcel of land into no more than three
lots, both of which front an existing street, which does not involve
a new proposed street or extension of municipal facilities, which
has not been previously subdivided for a period of five years and
is in conformance with the Comprehensive Plan, the requirements of
the Zoning Law, and the purposes of these regulations.
OFFICIAL MAP
The map established by the Town Board under § 270
of the Town Law showing the streets, highways and parks heretofore
laid out, adopted and established by law, and any amendments thereto
adopted by the Town Board or additions thereto resulting from the
approval of subdivision plats by the Planning Board and the subsequent
filing of such approved plats.
OPEN SPACE
Land left in a natural state for conservation, agricultural,
scenic purposes, devoted to active or passive recreation, or devoted
to the preservation of distinctive architectural, historic, geologic
or botanic sites. The term shall not include land that is paved, used
for the storage, parking or circulation of automobiles, or occupied
by any structure or improvement, except for agricultural uses. Open
space may be included as a portion of one or more large lots, or may
be contained in a separate open space lot, but shall not include private
yards on lots less than five acres in size.
PLAT
A drawing(s) or map(s) setting forth a proposed layout of
lots and proposed streets, if any, and such other information as is
required under these regulations.
PREAPPLICATION CONFERENCE
The meeting of the Planning Board at which the applicant
presents a sketch plan of a proposed subdivision for purposes of discussing
the requirements of these regulations as applied to the proposed subdivision,
and the feasibility of such project.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in Article
IV, §
108-16, of this chapter, 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 of the proposed subdivision.
PRIMARY CONSERVATION AREA
The area delineated in a conservation subdivision to have
priority resource areas to be conserved, including, but not limited
to, streams, floodplains, wetlands, critical habitats, steep slopes,
areas with rocky outcrops, and groundwater recharge areas.
RESUBDIVISION
The further division of lots within a subdivision previously
approved and recorded according to law.
SECONDARY CONSERVATION AREA
The area delineated in a conservation subdivision to have
secondary resource areas to be conserved, including, but not limited
to, healthy woodlands holding important ecological functions such
as soil stabilization and protection of streams, hedgerows and other
vegetational features representing the site's rural past, historic
structures or sites, and visually prominent features such as knolls,
or hilltops.
SEQRA
The State Environmental Quality Review Act as codified in
Article 8 of the Environmental Conservation Law (ECL) and the implementing
regulations codified in Title 6 of the New York Code of Rules and
Regulations Part 617.
SLOPE
Land with a topographic gradient, usually expressed as percent
slope, the percent being calculated by measuring vertical elevation
relative to horizontal distance. A slope of 25% means a twenty-five-foot
rise in elevation from one point to another along a one-hundred-foot
horizontal plane (calculated as: twenty-five-foot rise/one-hundred-foot
horizontal distance = twenty-five-percent slope).
STREET
Includes streets, roads, avenues, lanes or other trafficways,
between right-of-way lines.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET WIDTH
The distance between property lines, measured at right angles
to the center line of the street.
SUBDIVIDER
Any person, firm, corporation, partnership or association
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself or others.
SUBDIVISION
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 and shall
include resubdivision.
SUBDIVISION PLAT or FINAL PLAT
A drawing in final form showing a proposed subdivision, containing
all information required to be shown on a preliminary plat and the
modifications, if any, required by the Planning Board at the time
of approval of the preliminary plat if such preliminary plat has been
so approved or detail required by law and by this chapter, to be presented
to the Planning Board for approval and which, if approved, may be
duly filed or recorded by the applicant in the office of the Clerk
of the County of Rensselaer.
WATER BODY
Any natural or artificial pond, lake, reservoir or other
area containing a surface area of over 1,000 square feet and which
usually or intermittently contains water and has a discernible shoreline.
WATERCOURSE
Any natural or artificial, permanent or intermittent, public
or private water body or water segment, such as ponds, lakes, reservoirs,
rivers, streams, brooks, waterways or natural drainage swales, that
is contained within, flows through or borders on the Town of Schaghticoke,
except those which are regulated by the NYSDEC.