For the purpose of this chapter, certain words and terms used herein are defined below. Words not defined herein may be defined in Chapter 143, Zoning; Chapter 77, Flood Damage Prevention; or have their ordinary meaning.
See § 143-23 of the Town Code.
That representative or those representatives of the Planning
Board, either member, employee or consultant, who shall be designated
to perform the duties of the Clerk of the Planning Board for purposes
of this chapter.
An application which includes the following:
All information concerning the proposed subdivision in the format
required by the applicable provisions of this chapter;
All application fees required by this chapter and the escrow
deposit for development review costs, if any, required by the Planning
Board;
An environmental assessment form (EAF) assessing the potential
environmental impacts of the proposed subdivision; and
A determination by the reviewing agency, or by the lead agency
in the event of a coordinated review, that the proposed project is
not likely to have a significant impact on the environment (negative
declaration), or the filing of a notice of completion of a draft environmental
impact statement (DEIS) in accordance with the provisions of the State
Environmental Quality Review Act (SEQRA).
An easement, covenant, restriction or other interest in real property created under the provisions of § 247 of the General Municipal Law and/or the provisions of §§ 49-0301 through 49-0311 of the Environmental Conservation Law, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the agricultural, scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property. Any such conservation easement shall comply with the regulations in § 143-33E of the Town Code.
A conservation subdivision permits greater design flexibility and smaller average lot sizes than otherwise possible in a conventional lot-by-lot subdivision in order to preserve open space on the remainder of the property without increasing building potential for the tract as a whole. Conservation subdivisions are authorized under § 278 of the Town Law of the State of New York, and are also known as "cluster subdivisions" or "open space subdivisions." References in this chapter or in Chapter 143, Zoning, to the terms "cluster development," "cluster subdivision" or "residential cluster subdivision" shall mean conservation subdivision.
Land that is or has been used in agricultural production
which has been preserved in perpetuity with a conservation easement.
Consecutive calendar days.
That licensed professional engineer, either employee or consultant,
who shall be chosen by the Town Board upon recommendation of the Planning
Board to perform the duties of the designated Town Engineer for purposes
of this chapter.
A private way situated within a lot for vehicular traffic,
providing access from a street to a single dwelling or a commercial
premises. "Common driveway" is the term employed to identify a like
facility which provides shared access to a maximum of four dwellings
or to two or more commercial premises.
An acquired right of use on the property of another for a
specified purpose on a designated part of that property.
A method of determining density of a conservation subdivision as set forth in § 120-26B(2) of the Code.
A person licensed as a professional engineer by the State
of New York.
The Environmental Conservation Law of the State of New York,
Chapter 43-B of the Consolidated Laws.
A method of determining density of a conservation subdivision as set forth in § 120-26B(1) of the Code.
Buildings or other structures, objects, landscapes or sites
listed or eligible for listing on the State or National Registers
of Historic Places or locally designated as a historic or cultural
resource.
Land characterized by one or more of the following characteristics:
Presence of soils that are classified as prime farmland soils
by the United States Department of Agriculture Natural Resources Conservation
Service, as listed in the Dutchess County Soil Survey.
Presence of soils that are classified as farmland of statewide
importance by the United States Department of Agriculture Natural
Resources Conservation Service, as listed in the Dutchess County Soil
Service.
A physical change to the land or installation of certain
services necessary to produce usable and desirable lots or sites from
raw acreage, including but not limited to water and sanitary sewer
facilities, recreation and open space areas, grading, pavement, curbs,
gutters, storm sewers and drains and betterments to existing watercourses,
sidewalks and other pedestrianways, street signs, shade trees, sodding
or seeding and buffer plantings and monuments, whether any such improvement
is intended to be dedicated and maintained by the public or held in
private ownership.
A comprehensive plan for the general physical development
of the Town of Red Hook prepared by the Planning Board pursuant to
§ 272-a of the Town Law, a comprehensive update of such
plan having been adopted by the Town Planning Board on January 18,
1993, and as may be amended from time to time.
The map which may be established by the Town Board under
§ 270 of the Town Law, showing streets, highways and parks
and drainage theretofore laid out, adopted and established by law
and any amendments thereto adopted by the Town Board or additions
thereto resulting from the approval of subdivision plats by the Planning
Board and the subsequent filing of such approved plats.
The Planning Board of the Town of Red Hook, Dutchess County,
New York.
That professional planning consultant, who shall be a member
of the American Institute of Certified Planners, who shall be chosen
by the Town Board upon recommendation of the Planning Board to assist
in the review of project-specific applications and to advise on the
administration of this chapter and related requirements.
The map of a subdivision showing the location, boundaries
and proposed ownership of individual properties and associated improvements.
The maps, drawings and other data showing the layout of a proposed subdivision, as specified in Article VII, § 120-27, of this chapter, 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 and improvements within such proposed subdivision.
The Public Health Law of the State of New York, Chapter 45
of the Consolidated Laws.
A not-for-profit corporation organized inter alia for the conservation
or preservation of real property and which has the power to acquire
interests in real property; such organization must have qualified
as exempt for federal tax purposes pursuant to § 501(c)(3)
of the Internal Revenue Code or any similar successor statutory provision;
or
The state or a municipal corporation as that term is defined
in § 2 of the General Municipal Law.
A map which depicts the natural, historical and cultural
resources on a site, resulting in the identification of resources
to be protected and establishing preliminary building envelopes.
Any change in the plat of a subdivision which has previously
been filed in the office of the Dutchess County Clerk, which change
affects any street layout shown on such plat, affects any area reserved
thereon for public use or open space purposes or diminishes the area
of any lot shown thereon.
The distance an object 18 inches off the pavement, e.g.,
a taillight, is visible from an eye level 54 inches above the pavement,
i.e., an average seated driver's eye level.
A sketch of a proposed subdivision, showing the information
required by this chapter, 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 the objectives of this chapter. A sketch
plat may be a freehand sketch made on a topographic survey map showing
the proposed subdivision in relation to existing conditions.
Slopes of twenty-percent gradient or greater. Slope determination shall be based upon five-foot United States Geological Survey (USGS) contour intervals, unless an applicant elects to submit slope information with smaller contour intervals or a specific section of this chapter or Chapter 143, Zoning, requires the use of smaller contour intervals.
A way for vehicular traffic, designed to provide access to
abutting properties, whether designated as a "street," "highway,"
"thoroughfare," "parkway," "throughway," "road," "artery," "avenue,"
"boulevard," "lane," "place" or "drive," or however otherwise designated,
which is any of the following: an existing public way, i.e., a state,
county or Town road or highway; a street shown upon a subdivision
plat approved by the Town Planning Board as provided by this chapter;
or a street shown on a plat duly filed and recorded in the office
of the Dutchess County Clerk prior to the date authority was granted
to the Planning Board to approve such plats.
CUL-DE-SAC or DEAD-END STREETA street with only one means of vehicular ingress and egress and with a turnaround at its terminus.
PRIVATE STREETA street proposed for long-term ownership and maintenance by a private entity, e.g., a homeowners' or condominium association.
PUBLIC STREETA street proposed for dedication to the Town for purposes of ownership and maintenance.
THROUGH STREETA street with two or more means of ingress and egress, i.e., having two or more points of connection with another street or streets.
The wearing or exposed surface of the roadway used by vehicular
traffic, i.e., the traveled way.
The width of the right-of-way or the distance between property
lines on opposite sides of a street, measured at right angles to the
center line of such street.
Any person, firm, corporation, partnership or association
which shall lay out for the purpose of development, sale or lease
any subdivision or part thereof as defined herein, either for himself,
itself or for others.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of adjustment of lot line, transfer of ownership, lease
for other than agricultural or conservation purposes or building development.
Such division shall include resubdivision of parcels of land for which
an approved plat has already been filed in the office of the County
Clerk and which is entirely or partially undeveloped and the replatting
of plats filed prior to compulsory review and approval by the Planning
Board.
LOT LINE ALTERATIONA type of minor subdivision resulting in a modification in the boundary of an existing, legally established lot which does not result in the creation of any new lot nor create any nonconformity with respect to any area or bulk requirement established by the Town Zoning Law,[1] the Dutchess County Health Department, the New York State
Uniform Fire Prevention and Building Code or other law, rule or regulation.
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each of at least the minimum lot area and dimension permitted by the Zoning Law, each fronting on an existing street, not involving any new public or private street or road or the extension of Town or other municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties and not in conflict with any provision or portion of the Master Plan; Official Map; Chapter 143, Zoning; or this chapter.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any subdivision requiring any new street or any extension of Town or other municipal facilities.
The Subdivision Law of the Town of Red Hook, adopted by the Town Board, as amended from time to time. The Subdivision Law is codified as Chapter 120 of the Code.
The final maps, drawings and charts on which the subdivider's
plan of subdivision containing all information or detail required
by law and by this chapter is presented to the Planning Board for
approval and which, if approved, shall be submitted to the Dutchess
County Clerk for filing or recording in order to complete the subdivision
approval process.
The duly elected Town Superintendent of Highways of the Town
of Red Hook.
A person licensed as a professional land surveyor by the
State of New York.
The Town Board of the Town of Red Hook, Dutchess County,
New York.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
The standards and specifications adopted by the Town Board
for the construction of streets and related subdivision improvements,
said specifications set forth and on file in the Town offices.
New York State Department of Environmental Conservation designated
wetlands and those adjacent land areas within 100 feet of the delineated
wetland; federal wetlands regulated by the United States Army Corps
of Engineers; and any locally protected wetlands.
The officially adopted Zoning Law of the Town of Red Hook, together with any and all amendments thereto, in accordance with Article 16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule Law, which Zoning Law is set forth as Chapter 143 of the Code of the Town of Red Hook.
