The purpose of this chapter shall be to provide rules, standards
and procedures for the subdivision of land in the Village of Walden,
New York, in order to promote the public health, convenience and safety
and general welfare of the municipality. It shall be administered
to ensure the orderly growth and development, the conservation, protection
and proper use of land and adequate provisions for circulation, utilities
and service.
For the purpose of this chapter, certain words herein are defined
as follows:
The Planning Board of the Village.[1]
A subdivision plat or plats, approved pursuant to Article
5 of the Village Law, in which the applicable zoning local law is
modified to provide an alternative permitted method for the layout,
configuration and design of lots, buildings and structures, roads,
utility lines and other infrastructure, parks and landscaping in order
to preserve the natural and scenic qualities of open lands.
[Added 2-24-2009 by L.L. No. 1-2009]
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Village.[2]
The engineer or planning consultant employed by or assigned
to the Planning Board or the Superintendent of Public Works.
A drawing prepared in a manner prescribed by local regulation
that shows a proposed subdivision, containing in such additional detail
as shall be provided by local regulation 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 approved.[3]
The signing of a plat in final form by a duly authorized
officer of a Planning Board pursuant to a Planning Board 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 county clerk or register in the county in which such plat is
located.[4]
Approval by a Planning Board of a final plat subject to conditions
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 authorize issuance of any building permits prior
to the signing of the plat by a duly authorized officer of the Planning
Board and recording of the plat in the office of the county clerk
or register as herein provided.[5]
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, a recorded map
or by metes and bounds.
The map established by the Board of Trustees under §
7-724 of Village Law showing streets, highways and parks theretofore
laid out, adopted and established by law, and any additions and changes
thereto adopted by the Board of Trustees.[6]
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 incompleted improvements
in the subdivision as estimated by the Planning Board or agency designated
by the Planning Board. Securities shall include such collateral or
agreements acceptable to the Board of Trustees 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 Board of Trustees
with the consent of the parties thereto.
A drawing of all or part of the subdivider's plan for
his subdivision, presented to the Planning Board for final approval
and which, if approved, shall be filed for record with the County
Clerk.
A drawing prepared in a manner prescribed by local regulation
showing the layout of a proposed subdivision, 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 local
regulation may require.[7]
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with the provisions of this section.[8]
A privately owned strip of land of less width 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.
The first draft of the subdivision layout, prepared to enable
the subdivider to save time and expense in reaching a general agreement
with the Planning Board as to the arrangement of the layout and the
objectives of these regulations.
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 or are intended to carry fast or
heavy volumes of traffic.
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.
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.
Those streets which are used primarily for access to abutting
properties.
Any person, firm, association, syndicate, partnership, corporation,
fiduciary, trust or any other legal entity seeking a subdivision of
land hereunder as owner or as agent for the owner of land affected
by a subdivision.
The division of any parcel of land into a number of lots,
blocks or sites as specified in a law, rule or regulation, with or
without streets or highways, for the purpose of sale, transfer of
ownership, or development. The term "subdivision" may include any
alteration of lot lines or dimensions of any lots or sites shown on
a plat previously approved and filed in the office of the county clerk
or register of the county in which such plat is located.[9]
Any subdivision that is not a minor subdivision.[10]
A subdivision of four or less lots served by an existing
dedicated municipal public street.
All lands contained within the Incorporated Village of Walden,
County of Orange, State of New York.
The Board of Trustees of the Village.[11]
The Zoning Ordinance of the Village.[12]
