For the purpose of these regulations, certain words and terms
used herein are defined as follows:
Refers to the following road hierarchy terms:
PUBLIC ACCESSAny street, road, intersection, curb cut or other location that offers the general public a way or means of approach to provide vehicular or pedestrian physical entrance to a property.
SHARED ACCESS WAYA means of physical approach for vehicular or pedestrian traffic into or out of a location that is shared and used by one or more different parcels of land.
The person(s), corporation, agency, or other legal entity
submitting an application for subdivision approval. See also '"subdivider."
The floor of a building which is partly or entirely below
ground level.
An area bounded by streets.
That person who shall be designated to perform the duties
of the Board Secretary for all purposes of these regulations.
An obligation, in writing, under seal, issued by a surety
company satisfactory to the Town Board, binding the obligor to pay
a sum of money to the Town if the obliged fails to satisfactorily
install and/or maintain improvements as required under § 277,
Subdivision 1, of the New York State Town Law, as amended.
Also known as a "lot line adjustment," it is the changing,
altering or moving of the boundary or property line between two or
more parcels where no additional parcel(s) is(are) created, where
land is taken from one parcel and added to an adjacent parcel, and
where there is no requirement for the construction of, nor the extension
of, a public street or public utility.
An undeveloped part of a property or an entire property specifically
intended to separate and thus minimize the effects of a land use activity
(e.g. noise, dust, visibility, glare, etc.) on adjacent properties.
Any structure which is affixed to the land, or has one or
more floors, walls and a roof for the shelter, support or enclosure
of persons, animals, equipment, materials, or property of any kind.
Accessory structures to a building, such as, but not limited to decks
and pools, shall also be considered a part of such building.
The space within which a structure and its supporting infrastructure
is permitted to be built on a lot and that includes the building,
driveway, and any lands disturbed for well and septic systems.
The area encompassed by a building's outer wall at ground
level.
The individual designated by the Town to enforce the provisions
of the New York State and local building codes. The Building Inspector
may also be designated by the Town as the Code Enforcement Officer
to enforce provisions of the Town of Waterford zoning law, subdivision
law, and other local laws.[1]
Synonymous with "Board Secretary."
A street, including the principal entrance street of a residential
development, which carries traffic from minor streets to major streets.
A driveway serving five or more lots; designed, built or
regulated by the Town of Waterford, Saratoga County, or State of New
York driveway specifications; and that is maintained by a private
entity through an agreement of all interested parties.
An application for development that includes all required
documents and submittals pursuant to this law, has been reviewed under
SEQRA Part 617[2] and has received either a negative declaration by the
reviewing board or a draft environmental impact statement has been
accepted by such board.
A Comprehensive Plan, prepared by the Planning Board pursuant
to § 272-a of the Town Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
Town, and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
The approval of a final plan subject to conditions set forth
by the Planning Board in a resolution conditionally approving such
plan.
A grant of a property right stipulating that the described
land will remain in its natural or agricultural state and precluding
future or additional development.
A residential subdivision where the dwelling units that would
result on a given parcel under a conventional subdivision plan are
allowed to be placed on the parcel in a flexible manner, where lot
sizes, road frontages, and other bulk dimensions are allowed to be
relaxed and where a majority of the remaining land is left in its
natural open space condition in perpetuity. Conservation development
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.
Refers to the erection of any structure, pavement, utility,
signs, fences and other development on private property, public property
or in a right-of-way regardless of whether a building permit is required
or not.
When at least one boundary line of one lot touches a boundary
line or lines of another lot.
A street or a portion of a street with a single common ingress
and egress and with a turnaround at the end.
A street with a single common ingress and egress.
Standards that set forth specific improvement requirements.
An entrance and exit used by vehicular traffic to and from
lands abutting a state, county, or Town road, whether public or private
as defined herein, built according to Town, county or state driveway
specifications; where it is possible to park completely off the street;
and which is open only for private use except by permission of the
owner of such private property. A driveway remains private property.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "multiple
dwelling," "two-family dwelling" or "dwelling group" shall not be
deemed to include automobile courts, rooming houses or tourist homes.
DWELLING, ONE-FAMILYA detached building containing one dwelling unit only.
DWELLING, TWO-FAMILYA detached building containing two dwelling units.
DWELLING, MULTIPLEA building or portion thereof containing three or more dwelling units.
A room or group of rooms providing complete housekeeping
facilities for one family and occupied by a single family unit plus
not more than three lodgers.
The right to use the land of another, obtained through the
purchase or acquisition of use rights from a landowner.
A person licensed as a professional engineer by the State
of New York.
A plan used to control erosion and stormwater discharges
during construction.
A deposit of cash with the Town to secure the promise to
perform some act required by the Planning Board.
The map of a subdivision to be recorded after approval by
the Planning Board and any accompanying material as described in these
regulations.
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 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.
A building lot not meeting the required road frontage and
characterized by a narrow strip of property having frontage by which
access is gained. The lot is shaped like a pole with a fully extended
flag at the upper portion thereof, the bottom of the pole being at
the street line, the pole portion of the lot being for use as access
to the flag portion of the lot where the principal structure is or
will be constructed.
That part of a property bounded by either a public or private
road, but not a driveway. On corner lots, the frontage may be designated
by the owner, but it should be consistent with the orientation of
buildings on the other lots and improvements on the same side of the
road.
The slope of a road, street, or other public way specified
in percentage terms.
The leveling of land for site development purposes, including
construction of roads, building construction, drainage areas and parking.
A letter from a bank which guarantees that a specific amount
of money will be kept available to ensure the completion of specific
segments of subdivision construction, to be drawn on only by the Town.
See "boundary line adjustment." This term is used synonymously
with "lot line alteration."
LOTA portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.
DOUBLE FRONTAGE LOTSLots with the rear and front lot lines abutting an existing or proposed street right-of-way.
REVERSE FRONTAGE LOTSLots with the rear lot line abutting an existing or proposed limited access highway or public reservation.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy-traffic-generating areas.
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 extension of municipal facilities.
A street intended to serve primarily as an access to abutting
properties.
Any 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 the Comprehensive
Plan. Official Map or Zoning Ordinance,[3] if such exists, or these regulations.
A term used in surveying, denoting a material object placed
on or near a boundary line to preserve and identify the location of
a boundary line on the ground.
A request for coverage under the most current version of
the New York State SPDES general permit for stormwater discharges
from construction activities.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
Land left in a natural state for conservation and agricultural
purposes or for scenic purposes, or devoted to the preservation of
distinctive ecological, physical, visual, architectural, historic,
geologic or botanic sites. It shall also mean land left in a natural
state and that is devoted to active or passive recreation. The term
shall not include land that is paved, used for the storage, parking
or circulation of automobiles, used for playgrounds or manicured recreational
lands, such as golf courses, ball fields, and lawns, or occupied by
any structure except agricultural buildings or buildings supporting
such open space. In a subdivision, open space may be included as a
portion of one or more large lots, provided the lot(s) are contiguous
to form a larger unfragmented open space area, or may be contained
in a separate open space lot, but shall not include private yards
within 50 feet of a principal structure.
Also known as "conservation subdivision design." A design
process that allows for the creation of multiple lots and homes on
a parcel while setting aside a percentage of the parcel as permanently
undeveloped. The undeveloped area becomes protected and preserved
open space. Reduced lot sizes and flexible road standards allow development
to take place on the least sensitive parts of the project site. In
contrast, a conventional subdivision divides and develops all the
land into roads and house lots with little regard for preservation
of open space and natural areas.
The owner of the land proposed to be subdivided or his agent.
An obligation in writing, under seal, issued by a surety
company satisfactory to the Town, binding the obligor to pay a sum
of money to the Town if the obligator fails to satisfactorily install
and/or maintain improvements as required under § 277, Subdivision
1, of the New York State Town Law.
An application for subdivision approval where the applicant
proposed to immediately subdivide the property but will develop in
one or more individual phases over a period of time.
The Planning Board of the Town.
Any activity disturbing ground except excavation for sewer,
water and utility lines; emergencies, site investigations; and customary
agricultural activity.
A drawing or drawings clearly marked "preliminary plat," showing the layout of a proposed subdivision, as specified in § A166-22 of these regulations, 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.
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, agricultural lands, and groundwater recharge
areas.
A building that is the primary or predominant use of any
lot or parcel.
The primary use of land or buildings as distinguished from
a subordinate or accessory use.
A change in a subdivision plan filed previously in the office
of the Saratoga County Clerk, which changes any street layout, area
reserved for public space or use, or changes the size of any lot shown
thereon.
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, or utilities (including but not limited to electric transmission
lines, oil or gas pipelines, water lines, sanitary storm sewers),
or other similar uses and that gives the right of one to pass over
the property of another.
Any vehicular way that is 1) an existing state, county, or
municipal roadway; 2) shown upon a plat approved pursuant to law;
3) approved by other official action; 4) shown on a plat duly filed
and recorded with Saratoga County prior to the appointment of a planning
board in the Town of Waterford and the grant to such board of the
power to review plats; 5) shown on the official map or adopted Comprehensive
Plan. It includes the land between the street lines, whether improved
or unimproved. See also "street."
PUBLIC ROADAny street or road built to meet the Town of Waterford specifications for a public road and dedicated for use by the public; accepted as a public road by official action by the Town Board; shown on a plat approved pursuant to this subdivision law or on an Official Map of the Town of Waterford, if one exists; and that is maintained by the Town.
PRIVATE ROADAny street or road not dedicated and not accepted by the Town Board for use by the public; and that is maintained by a private entity through an agreement of all interested parties. A private road remains private property.
Describes the features and qualities of the Town's physical
and natural landscape that were shaped by current and past economic
activities, such as agriculture and low-density residential uses.
Evidence of current and past agricultural activity is present including
but not limited to farm buildings, stone walls, windbreaks, hedgerows,
and woodlots. "Rural character" shall also be defined as the patterns
of land use and development:
In which open space, the natural landscape, and vegetation predominate
over the built environment;
That provide visual landscapes that are traditionally found
in rural areas and communities;
That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
That reduce suburban sprawl development patterns;
That are consistent with the protection of natural surface water
flows and groundwater and surface water recharge and discharge areas.
Any landscaping or structure, such as walls, landscaped berms,
and hedges, used to conceal or reduce the negative visual and audio
impacts of certain land uses or activities from streets or adjacent
development. The height of a screen is measured from the highest finished
grade abutting the element to be screened.
The area delineated in a conservation subdivision to have
secondary resource areas to be conserved, including, but not limited
to, agricultural lands, healthy woodlands holding important ecological
functions, such as soil stabilization and protection of streams, hedgerows
and other vegetation features representing the site's rural past,
historic structures or sites, and visually prominent features, such
as knolls, or hilltops.
A state law establishing the review of an application according
to the provisions of 6 NYCRR Part 617 (Statutory Authority: New York
State Environmental Conservation Law § 8-0113), which incorporates
the consideration of environmental, social and economic factors into
the planning, review and decisionmaking processes of state, county
and local government agencies.
A sketch of a proposed subdivision showing the information specified in § A166-20 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
A permit pursuant to the New York State Pollutant Discharge
Elimination System (SPDES) issued to developers of construction activities
to regulate certain disturbances of land.
Any slope with topographic gradient of 15% or higher and
measured as sloping 15 feet or more vertical distance per 100 feet
horizontal distance.
A document that describes the erosion and sediment control practices for construction and, where required by New York State Department of Environmental Conservation (NYS DEC), for post-construction stormwater management practices. It will be used and/or constructed to reduce the pollutants in stormwater discharges and to assure compliance with the terms and conditions of the most current NYS DEC permit. In addition, the stormwater pollution prevention plan (SWPPP) shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges. The SWPPP must document the selection, design, installation, implementation and maintenance of the control measures and practices that will be used to meet the effluent limitations in the most current NYS DEC permit and, where applicable, the post-construction stormwater management practice requirements in the most current NYS DEC permit. See also Chapter 142 of the Town of Waterford Code.
Includes streets, roads, avenues, lanes or other traffic
ways, between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular
traffic.
Those trees planted along the frontage of a road or street.
The width of the right-of-way measured at right angles to
the center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others. The subdivider shall be synonymous with
the term "applicant."
The division of any tract of land into two or more portions
or parcels, lots, blocks or sites, with or without streets or highways,
and includes resubdivision. That land referred to as a "subdivision"
in these regulations shall consist of one or more lots, plots, sites
or other divisions of said tract for immediate or future transfer
of ownership or for building development. That portion, if any, not
intended for transfer of ownership or for building development shall
be regarded as an adjacent or contiguous holding. The term "subdivision"
shall include a lot line adjustment.
A 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.
A person licensed as a land surveyor by the State of New
York.
The duly designated Engineer of the Town.
The duly adopted Zoning Ordinance and Zoning Map for the
Town of Waterford, New York.[4]
