As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE SECRETARYThat person who shall be designated to perform the duties of the Clerk of the Planning Board for the purposes of these regulations.
AGRICULTURAL DATA STATEMENTAs provided for by New York State Town Law §
283-a and New York State Agriculture and Markets Law §
305-a, a statement identifying farm operations within an agricultural district that are located within 500 feet of the boundary of property upon which there is proposed an action requiring municipal review and approval by the Planning Board, Zoning Board of the Town of Beekman.
AGRICULTUREConsistent with § 301, Subdivision 11, of the New York State
Agriculture and Markets Law, the raising of crops, animals or animal products; limited forestry; the selling of products grown on premises; and any other commonly accepted agricultural operations. Incidental mechanical processing and sale of products grown on the premises are included in the definition.
AREA REGULATIONSThe regulations of building size, setbacks on yards, parking and loading requirements or similar regulations as specified in Chapter
155, Zoning, of the Code of the Town of Beekman, but excluding performance standards.
BLOCKA parcel of land partially or entirely surrounded by public highways, streams, railroad rights-of-way, parks or a combination thereof, which has been subdivided into lots.
BUILDINGA structure covered by a roof, supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.
CLERK, TOWNThe duly elected Clerk of the Town of Beekman.,
CONSERVATION SUBDIVISIONA residential subdivision approved under §
278 of the Town Law, through which flexibility of design is enabled and encouraged in order to preserve the natural and scenic qualities of platted lands.
EASEMENTDeeded authorization by a property owner for the use by another of any part of his property for a specified purpose.
ENVIRONMENTAL ASSESSMENT FORM (EAF)Pursuant to the State Environmental Quality Review Act, a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions. A properly completed EAF must contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment.
ENVIRONMENTAL IMPACT STATEMENT ("EIS")Pursuant to the State Environmental Quality Review Act, a written or draft or final document prepared under the State Environmental Quality Review Act (SEQRA), providing the means for agencies, project sponsors and the public to consider significant adverse environmental impacts, alternatives and mitigation measures.
FARM OPERATIONThe 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.
FEE SIMPLEA form of landownership in which the owner has outright and unconditional disposal rights.
HOMEOWNERS' ASSOCIATION ("HOA")An organization created by a real estate developer for the purpose of developing and managing a community of homes, townhomes and/or condominium units. It is given the authority to enforce the covenants, conditions, and restrictions as well as manage the common elements of the development. The New York State Office of the Attorney General requires that the sponsor file an offering plan for the homeowners' association, and that the sponsor maintain commitments which it made in the offering plan. The Attorney General's jurisdiction would be limited to ownership and maintenance of HOA common property.
INTERESTED AGENCYAn agency under the State Environmental Quality Review Act (SEQRA) that lacks the jurisdiction to fund, approve or directly undertake an action but wishes to participate in the review process because of its specific expertise or concern about the proposed action. An interested agency has the same ability to participate in the review process as a member of the public.
INVOLVED AGENCYAn agency under the State Environmental Quality Review Act (SEQRA) that has jurisdiction by law to fund, approve or directly undertake an action. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an involved agency, notwithstanding that it has not received an application for funding or approval at the time the SEQR process is commenced. The lead agency is also an involved agency.
LANDSCAPE ARCHITECTA qualified professional who has been awarded a license and who holds active registration from the State of New York which must be renewed every three years.
LEAD AGENCYAn involved agency under the State Environmental Quality Review Act (SEQRA) principally responsible for undertaking, funding or approving an action, and therefore 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.
LOTA parcel of land having a distinct and defined boundary as described in a deed, occupied or capable of being occupied by a building or buildings and for accessory buildings and/or uses, including such open spaces as are required by these regulations, and having frontage on an existing or proposed road.
LOT, CORNERA lot with two sides abutting existing or proposed streets, and subject to the provisions of §
155-22I of the Code of the Town of Beekman.
LOT LINE ALTERATIONThe alteration of an existing boundary line between existing contiguous legal parcels. For the purposes of these regulations, a lot line alteration shall be regulated as a subdivision.
NEGATIVE DECLARATIONA written determination prepared under the State Environmental Quality Review Act (SEQRA) by a lead agency that the implementation of the proposed activity(ies) will not result in significant adverse environmental impacts.
OFFICIAL MAPThe map established by the Town Board pursuant to §
270 of the New York State Town Law showing prospective locations for streets and other planned public improvements.
PERFORMANCE BOND or PERFORMANCE DEPOSITA written agreement issued by a qualified agent that guarantees the performance of a certain agreed-upon activity or an equivalent consideration if the activity is not completed as required.
PLAT, FINAL, or SUBDIVISION PLATA drawing in final form, showing a proposed subdivision, containing all information or detail required by law and by these regulations 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 County Clerk or Register.
PLAT, PRELIMINARYA drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in these regulations, submitted to the Planning Board for purposes of consideration 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.
POSITIVE DECLARATIONA written determination prepared under the State Environmental Quality Review Act (SEQRA) by the lead agency that the implementation of activity(ies) proposed may have a significant adverse effect on the environment and that an environmental impact statement (EIS) will be required.
REQUIRED IMPROVEMENTSAny 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.
SKETCH SUBDIVISION PLANA sketch of a proposed subdivision showing the information specified in these regulations to enable the subdivider to reach general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
STREETA way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, cul-de-sac, place or however otherwise designated, and includes the entire area within the right-of-way.
B. COLLECTOR STREETSThose that 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 the 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."
C. LOCAL STREETSStreets that are used primarily for access to abutting properties.
D. MARGINAL ACCESS STREETSMinor streets parallel to and adjacent to arterial streets and highways and that provide access to abutting properties and protection from through traffic.
SUBDIVIDER, DEVELOPER and/or APPLICANTAny person, firm, corporation, partnership or association, or successors in interest to any such parties, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
SUBDIVISIONThe division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets. For the purposes of these regulations, a lot line alteration shall also be regulated as a subdivision.
SURVEY MAPA 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.
SURVEYORA person licensed to act as a land surveyor by the State of New York.
TOWNThe Town of Beekman, Dutchess County, New York State.
TOWN PLAN or TOWN COMPREHENSIVE PLANThe 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 Town.