Unless the context otherwise requires, the following terms shall be used in interpretations and construction of this chapter. Words used in singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; and the word "shall" is mandatory and not optional. Words not herein specifically defined shall have their ordinary dictionary meaning, as in Webster's New International Dictionary.
[Amended 2-13-2013 by Res. No. 40-13]
As used in this chapter, the following terms shall have the meanings indicated:
The total area within the property lines, excluding the external streets.
Plat and plan profiles submitted by the owner, prior to dedication of roads or utilities to the Town, showing all construction as it has occurred in the field; i.e., roads, monuments, sanitary sewer, storm sewer, waterlines and valves (etc.), gas mains, electric mains, telephone lines, cable television and all other cable and conduit, etc.
The person designated by the Warrensburg Town Board to administer and maintain the provisions of this chapter.
Any structure which is permanently affixed to the land, has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or chattel.
The official building approval form.
A building in which is conducted the main or principal use of the lot on which said building is situated.
That person who shall be designated to perform the duties of the Clerk of the Board for the purposes of these regulations. The Code Enforcement Officer, his duly designated deputy or some other person may be designated by resolution of the Town Board.
The duly elected Clerk of the Town who shall act as Clerk of the Planning Board in the absence of the appointment of an individual by the Town Board.
The modification of the applicable provisions of Chapter 211, Zoning, to provide an alternative permitted method of the development of a subdivision plat or plats to allow all of the development which could occur on a particular parcel of land to be developed on a portion of said parcel.
See "authorized official."
Complementary structures and/or improvements located on a common open space appropriate for the benefit and enjoyment of the space by the public or members of the controlling association or condominium.
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. By definition, a "condominium" has common areas and facilities and there is an association of owners organized for the purpose of maintaining, administering and operating the common areas and facilities. It is a legal form of ownership of real estate and not a specific building style. The purchaser has title to his or her interior space in the building and an undivided interest in parts of the interior, the exterior and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction. The common elements usually include the land underneath and surrounding the building, certain improvements on the land and such items as plumbing, wiring and major utility systems, the interior areas between walls, the public interior spaces, exterior walls, streets and recreational facilities.
The community association which administers and maintains the common property and common elements of condominium. "Condominium associations" differ from other forms of community associations in that the condominium association does not have title to the common property and facilities. These are owned by the condominium owner on a proportional, undivided basis.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.
The gravitational movement of water or other liquids by surface runoff or subsurface flow.
That member of the Planning Board authorized to sign approved plats for filing. Unless otherwise specified, this shall be the Chairman.
A person licensed as a professional engineer by the State of New York.
The wearing away of the land surface by the action of wind, water, gravity or other natural forces.
The erection, construction, alteration or maintenance of underground, surface or overhead electrical, gas, steam, water and sewerage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.
Any activity which removes gravel, sand, soil or other natural deposits.
Any activity which deposits natural or artificial material so as to substantially modify the surface or subsurface conditions or topography of land, lakes, ponds or watercourses.
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of building and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building.
Any management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings, fences and forest drainage systems.
Any department, commission, independent agency or instrumentality of the United States, New York State or Warren County.
The alteration of the soil surface so as to change the existing land forms.
A one-time allowance for a division of a residential parcel of land into two lots, plots or sites, both of which front on an existing street, do not require the construction of any new streets or roads or the extension of municipal facilities, do not contain slopes of more than 10% or the disruption of or encroachment on any existing watercourse and which meet all applicable requirements of Chapter 211, Zoning. All of the above requirements must be met to qualify as a "land partition."
A parcel of land occupied or capable of being occupied by a structure or structures, including such open spaces as are required by Chapter 211, Zoning.
Any line dividing one lot from another.
A lot on which the proposed structure can be built on a stabilized foundation with any required erosion control and with supporting utilities, including water supply and waste disposal, and which can be located within required setbacks and in an acceptable engineering fashion. Changes in drainage patterns must not adversely affect neighboring properties or threaten the structures proposed for the lot.
The map established by the Town of Warrensburg Town Board under § 270 of the Town Law showing the streets, highways and parks, adopted and established by law and all changes or additions thereto made under the provisions of the Town Law.
An unoccupied area open to the sky on the same lot as a building.
Any recreation use particularly oriented to and utilizing the outdoor character of an area, with all buildings and/or recreational structures being subject to site plan review.
Drawing(s) in final form showing the proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information shown on the preliminary plat and the modifications, if any, required by the Planning Board at the time of the approval of the preliminary plat (if such preliminary plat has been so approved).
Drawing(s) clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified by these regulations, submitted to the Planning Board for purposes of consideration prior to submission of a plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
A previously filed subdivision wherein 20% or more of the lots are unimproved, unless existing conditions, such as poor drainage, have prevented their development.
Any activities or improvements required by these regulations, except as may be waived by the Planning Board, including, but not limited to, streets and roads, utility installations, road ditches, drainage facilities and culverts, monuments and revegetation operations.
A thoroughfare, however designated, permanently established for passage of persons or vehicles.
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited or has been removed from its site of origin.
Any private or public entity which provides a public service to residents of all or any part of the Town, including fire, water, sewer, etc.
That line at which land adjoins the waters of lakes, ponds, rivers and streams within the Town at high water, as determined by the one-hundred-year floodplain.
The activities of stripping, excavating, filling or grading for a future use, which affect more than 10 cubic yards of material or 10,000 square feet of ground surface.
All mineral or decayed organic material of whatever origin which overlies bedrock.
An existing public way or private way which affords principal means of access to abutting properties and is suitably improved; a proposed way shown on a plat approved by the Town Planning Board and/or recorded in the office of the County Clerk; or a way for vehicular traffic, which includes the entire right-of-way.
ARTERIAL STREETS or HIGHWAYSThose streets used or designed to be used primarily for fast or heavy traffic.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets and highways. "Collectors" may also serve as secondary arteries to carry some through traffic. A street which is an outlet toward an arterial street for more than 100 acres or is a main entrance to a residential development shall be considered a "collector street."
LOCAL STREETSThose streets which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
DEAD-END or CUL-DE-SACA street or portion of a street with only one point of ingress and egress.
The degree of inclination of a slope, road, or other surface, graded to level or smooth to a desired or horizontal gradient. (For the purpose of this definition, "gradient" shall mean a rate of inclination; slope.)
The width of the right-of-way or the distance between property lines on opposite sides of the street.
Any activity which removes or significantly disturbs the vegetation to the extent that the soil is exposed.
A division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person or by any other person or any group of persons acting in concert as part of a common scheme or plan; provided, however, that this shall not apply to conveyance of small amounts of land to correct a boundary of a lot so long as such conveyance does not create additional lots. The term includes any map, plot or other plans, whether or not previously filed, and shall include any alteration of lot lines or dimensions of any lots or sites shown on a map previously approved and filed in the Office of the County Clerk. It also includes any grading, road construction, installation of utilities or other improvements or any other land use or development preparatory or incidental to such activity. The term includes resubdivision. It does not include the lease of land for hunting or fishing and other open space recreational uses.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including, but not limited to, a subdivision requiring any new street or extension of municipal services.
MINOR SUBDIVISIONAny 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 provision or portion of Chapter 211, Zoning, or these regulations.
See also "land partition."
The determination of the location of land boundaries and natural and man-made objects by means of the use of surveying instruments.
A drawing made to scale based upon survey measurements, showing land boundaries and natural and man-made objects, made by or under the direction of a New-York-State-licensed land surveyor.
Any person licensed as a land surveyor in the State of New York.
The natural surface layer of soil found at varying depths, usually containing organic matter.
Refers to the Town of Warrensburg in Warren County, New York State.
An overall plan for the growth and development of the Town, prepared by the Planning Board pursuant to § 272-a of the New York State Town Law and subsequently endorsed by the Town Board.
Individuals that use streets, including bicyclists, children, person with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, seniors, youth, and families.
Any natural or artificial lake, stream, river, creek, ditch, channel, conduit, culvert, drainage way, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks.
Any land which is annually subject to periodic or continual inundation by water and commonly referred to as "bog," "swamp" or "marsh," which is either one acre or more in size or located adjacent to a body of water, including a permanent stream with which there is free interchange of water at the surface, in which case there is no size limitation.