As used in this chapter, the following terms shall have the
meanings indicated:
An area designated pursuant to Article 25-AA of the New York
State Agriculture and Markets Law.
A narrow street or passage not more than 20 feet wide between
properties or buildings serving as a secondary means of access to
the abutting property.
Any person, firm, corporation, partnership, association or
other entity who or which shall lay out any land division, lot line
revision, subdivision, or resubdivision, or part thereof, either on
behalf of themselves or for another or others.
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other impacts.
The net portion of the lot remaining after deducting all
required setbacks and constrained land from the gross area of the
lot.
A lot having a buildable area capable of accommodating proposed
principal and accessory improvements and including, where required,
an on-site water supply facility and sewage disposal system that meet
the standards of the New York State Department of Health (NYSDOH).
The maximum unit density of a proposed subdivision after
deduction of constrained land areas.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
The Building Department of the Town of Forestburgh.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The diameter of a tree as measured at a point six inches
above the ground level (up to and including four-inch caliper size)
and 12 inches above the ground level (for larger sizes).
A comprehensive plan for the development of the Town as adopted
by the Town Board pursuant to § 272-a of the Town Law, which
may include general recommendations for various public works and reservations,
and for the general physical development of the Town, including any
part of such plan separately adopted and any amendment to such plan
or parts thereof.
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 authorize
issuance of any building permits prior to the signing of the plat
by the Chairperson of the Planning Board and recording of the plat
in the office of the County Clerk as herein provided.
Land containing one or more of the following: state and/or
federal freshwater wetlands; 100-year floodplains or flood hazard
areas; steep slopes of 15% and greater; and open bodies of water,
including streams, ponds and lakes; roadways; rock outcroppings; and
utility easements.
A dead-end street or a portion of a street having only one
vehicular outlet.
A building designed or used as the living quarters for one
or more families.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
A building or portion thereof containing one dwelling unit
on one lot.
A building or portion thereof containing two dwelling units
on one lot.
The elevation in feet above mean sea level as determined
from the nearest United States Coastal and Geodetic benchmark of the
principal building to be sited on a lot.
A drawing prepared by a New York State licensed professional
engineer or land surveyor (with appropriate certification), in a manner
prescribed by this chapter, containing, in such additional detail,
all information required to appear on a preliminary plat and the modifications,
if any, required by the Planning Board at the time of approval of
a preliminary plat if such preliminary plat has been so approved,
and which, if approved, may be filed or recorded by the owner in the
office of the County Clerk.
The signing of a plat in final form by the Chairperson of
the 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.
The elevation of the center line of the streets.
The completed surfaces of lawns, walkways and roads brought
to grades as shown on official plans or designs relating thereto.
The alteration of the surface or subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling to a depth
greater than six inches.
That portion of any lot which bounds a street, as measured
along the property line for a minimum of 100 feet, which is coincidental
with such street right-of-way or center line, or on a corner lot in
which case frontage is along both streets.
Any activity involving the clearing, cutting, excavation,
filling, grading or any other activity that alters land topography
or vegetative cover.
Any division of a parent parcel so as to create one new lot fronting on an existing street and not involving the construction of any new streets or roads, not involving a resubdivision, and not adversely affecting the development of the remainder of the parent parcel or any adjoining property and meeting the criteria of § 148-11 of this chapter and not in conflict with any provision or portion of the Town zoning law,[3] or this chapter.
A tract or parcel of land, not necessarily shown on a duly
filed plat, which is occupied or capable of being occupied by a building,
structure and accessories thereto.
That percentage of the lot covered by the footprint of the
principal and accessory buildings, including uncovered porches, terraces,
decks and steps.
The reconfiguration of existing lots of record that adjoin
each other so as to transfer land from one such lot to the other without
creating a greater nonconformity with the requirements of the Town
zoning law[4] than might have previously existed, provided that any
lot to be reduced in size shall thereafter comply with all provisions
of Town zoning law and further provided that no greater number of
lots are created. Existing lots of record may be combined into a larger
lot or lots, provided that it does not result in a greater nonconformity
than previously existed and the lots have common ownership.
Any line dividing one lot from another, also known as a "boundary
line."
A change in the location of a boundary between two or more
lots within a subdivision plat previously approved by the Planning
Board and filed in the County Clerk's office.
The lot line, as measured from the street boundary line or,
where title runs to the middle of the street, 25 feet from the street
centerline. On a corner lot, adjacent front lot lines shall be divided
at the midpoint of their connecting curve.
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length or if the lot comes to
a point in the rear, the rear lot line shall be deemed to be a line
parallel to the front lot line not less than 10 feet long lying farthest
from the front lot line.
The mean distance measured at the required minimum front
yard setback along a line at right angles to the depth of the front
lot line and parallel to the street.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
The mean horizontal distance between the front and the rear
lot lines, measured in the general directions of its side lot lines.
A lot on a street which has a minimum of 50 feet of road
frontage but which is shaped in such a manner that the portion of
the interior lot closest to the street can be used for access purposes
and as a yard frontage, and is sufficient to provide proper space
to meet the yard and setback requirements.
In conservation subdivisions, that portion of the subdivision
reserved as a development area for the location of dwelling units
and constituting lands outside of the protected open space areas.
An interior lot having frontage on two parallel or approximately
parallel streets but which is not a corner lot.
A freestanding sign that is detached from a building and
having a support structure that is a solid-appearing base constructed
of a permanent material, such as concrete block or brick.
The map and any amendments thereto adopted by the Town Board
under § 270 of the Town Law.
Land left in a natural state for conservation or agricultural
purposes or land landscaped for scenic purposes, or devoted to active
or passive recreation, or devoted to the preservation of distinctive
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. 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 within 50 feet of a principal
structure.
The owner or owners of record or by operation of law of a
tract or parcel, the division, reconfiguration or improvement of which
requires approval of the Planning Board, or a person or persons holding
an option to purchase a tract or parcel, contingent upon receipt of
Planning Board approval of a proposed division or improvement of such
tract or parcel. The owner may be represented by a duly authorized
agent or representative in the conduct of business before the Planning
Board, except in those instances specified hereafter that require
the appearance of the owner in person.
A lot, tract or parcel of land legally in existence on the
effective date of this chapter. For purposes of this chapter, the
parent parcel shall be deemed to be that lot, parcel or tract of land
owned by the person or persons as shown on the records of the Town
of Forestburgh Assessor's office as of the effective date of this
chapter.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which may or may not have
structures and which is available for purposes of active or passive
outdoor recreation.
The Town of Forestburgh Planning Board.
A drawing, prepared in the manner prescribed in this chapter,
showing the layout of a proposed subdivision, including but not limited
to road and lot layout and approximate dimensions, key plan, topography
and drainage, and all proposed facilities, including preliminary plans
and profiles, at suitable scale and in such detail as this chapter
requires.
The approval of a proposed subdivision as set forth in a
preliminary plat, but subject to the approval of the final plat in
accordance with the provisions of this chapter.
Any lot, tract or parcel of land.
A change in a subdivision plat previously approved by the
Planning Board and filed in the County Clerk's office, which change
affects any street layout shown on such plat, affects any area reserved
thereon for public use, or changes the number of lots.
The individual duly appointed by the Town of Forestburgh
Town Board to perform the duties as directed by the Planning Board.
A conceptual sketch made on a topographic survey map showing
the proposed subdivision in relation to existing conditions and with
reference to the minimum lot and area requirements of the zoning district
in which the property is located.
The review of a conceptual layout of a proposed subdivision
by the Planning Board.
The vertical distance, in feet, between the highest elevation
of a lot or development and the lowest elevation of a lot or development,
divided by the horizontal difference between these two elevations,
in feet, such horizontal distance ordinarily to be the natural course
of stormwater runoff. Should the site be sufficiently large, in the
judgment of the Planning Board, and heterogeneous in character (difference
of one or more slope factors), the site should be divided into different
measurement units, with a gradient defined for each.
All ground areas having a topographical gradient equal to
or greater than 15%, measured by utilizing two-foot contours.
A way for vehicular traffic, including a road, avenue, lane, highway or other way designed and constructed in accordance with Chapter 144, Streets and Sidewalks, of the Code of the Town of Forestburgh.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The dividing line between the street and the lot.
The wearing or exposed surface of the roadway used by vehicular
traffic.
A street which serves or is designed to be used primarily
for crosstown movement by fast or heavy traffic.
A street which carries traffic from local streets to the
major system of arterial streets; the principal entrance and circulation
streets within a development.
A street intended to serve primarily as an access to abutting
residential properties.
The division of any parcel of land resulting in the creation
of three or more lots, plots, or sites, with or without streets or
highways, for the purpose, with respect to any portion of the original
parcel, of immediate or future development, or for the immediate or
future sale, lease or any other transfer of any interest in any portion
of such original parcel. The term shall also include the division
of any parcel that does not meet the criteria for a land division
as set forth in this section. The term "subdivision" shall include
a resubdivision.
A residential subdivision pursuant to Town Law § 278
where the dwelling units that would result on a given parcel under
a conventional subdivision plan are allowed to be concentrated on
a smaller and more compact portion of land and where a majority of
the remaining land is left in its natural open space condition in
perpetuity. Development by way of conservation subdivision results
in a flexibility of design and development to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities, and to preserve the natural and scenic qualities
of open lands.
The subdivision of land into lots that meet or exceed the
minimum area, yard and bulk regulations of the district in which it
is located.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any size subdivision
requiring any new street or road or the extension of municipal facilities
or any conservation subdivision.
Any subdivision or resubdivision containing not more than four lots fronting on an existing improved public street and not involving construction of any new street(s) or road(s) and that meets the criteria of § 148-13 of this chapter.
A tract or parcel of land appearing of record or according
to the tax map as a single lot, but which is in actuality already
divided by a public street or highway, a railroad or other major physical
feature, where the resulting lots comply with the zoning requirements
for that zoning district.
The duly elected Town Superintendent of Highways or other
such authorized official.
Any body of land, including contiguous parcels of land, under
the control of one or more owners acting in concert as part of a common
scheme or plan.
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
Areas saturated by surface or ground water sufficient to
support distinctive vegetation adapted for life in saturated soil.
