Town of Southold, NY
Suffolk County
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Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE
The production, keeping or maintenance, for sale or lease of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, herbs, vegetables; floral ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURE RESERVE AREA
A parcel of land which is set aside in a subdivision in perpetuity for conservation of agricultural lands and continued use for agriculture.
APPLICANT
Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others.
BUFFER AREA
Portions of a parcel where existing or man-made terrain is used and designed to protect sensitive, natural and cultural resources, including landforms, surface water, habitat, vegetation and aesthetic or scenic vistas.
BUILDABLE LANDS
The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, underwater lands, land subject to the transfer, sale or extinguishment of development rights and other restrictions that prevent the use of such land for construction of buildings or other development. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code.
CLEARING
Any activity that removes the vegetative ground cover and/or trees, including but not limited to, root mat removal and/or topsoil removal, or ground disturbance, including grading.
CLERK OF THE PLANNING BOARD
The individual appointed by the Planning Board to perform, among other things, the duties set forth in Article 16 of New York State Town Law.
CLUSTER
A subdivision designed in accordance with Article XI, Cluster Development of this chapter, pursuant to the provisions of New York State Town Law, § 278.
COMMON DRIVEWAY
A mutual ingress and egress shared by not more than two lots to a public street or highway, which complies with the Standard Details and Specifications set forth in this chapter.[1]
COMPREHENSIVE PLAN
The 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 located outside the limits of any incorporated village.
CONSERVATION
The protection of natural and man-made features, resources or systems and cultural features in their natural or existing condition, but with allowance for human use or intervention in an environmentally sound and nondestructive manner, including the management of wetlands or the use of soils for agriculture.
CONSERVATION AREAS, PRIMARY
Shall be comprised of areas consisting of freshwater and saltwater wetlands, underwater lands, beaches, lands lying within a one-hundred-year floodplain, slopes equal to or exceeding 15%, areas located seaward of the coastal erosion hazard line and lands subject to easements or other restrictions preventing use of such land for construction of buildings or development.
CONSERVATION AREAS, SECONDARY
Shall be comprised of areas contributing to open space, recreation and environmental resources. Areas include all imposed (i.e., scenic) and jurisdictional buffers (i.e., 100 feet from wetland boundary), prime farmland, woodlands, aquifer recharge areas, natural floodplains and drainage patterns, areas containing protected species, significant wildlife habitat areas, historic, archeological or cultural features listed (or eligible to be listed) on national, state, County or local registers of inventories, trails and recreational areas, and scenic views into the property from adjacent properties and existing public roads.
CONSERVATION EASEMENT
A permanent restriction on the use of land for the purpose of preserving or conserving natural or man-made features, resources or systems, including agriculture, forest, recreational or open space uses.
CONSERVATION SUBDIVISION
A subdivision which meets either of the following two sets of requirements: (a) at least 75% of buildable lands will be permanently preserved and protected from all residential or commercial development by means of the sale, transfer, gift or extinguishment of development rights, and the inclusion of clustered open space of the permitted yield, and in which density is reduced by at least 75% of the permissible density of the subject parcel according to zoning (a "75/75 conservation subdivision"); or (b) at least 80% of buildable lands will be permanently preserved and protected from all residential or commercial development by means of the sale, transfer, gift or extinguishment of development rights, and the inclusion of clustered open space of the permitted yield, and in which density is reduced by at least 60% of the permissible density of the subject parcel according to zoning (an "80/60 conservation subdivision"). Those uses of preserved land permitted by the Town Board pursuant to legislation shall be permitted. For the purposes of this chapter, commercial development shall not be interpreted to mean land used in agricultural production as defined in Chapter 70, Agricultural Lands Preservation, of this Code.
CROSSWALK
A right-of-way dedicated to public use, 10 feet or more in width, which facilitates pedestrian access to adjacent streets and properties.
CUL-DE-SAC (COURT)
The turnaround at the end of a dead-end street.
CULTURAL FEATURES
Paleontological and archaeological remains, historic buildings, structures or sites, trails, and agricultural fields.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater recharge basins or drainage ditches, or required along a natural stream or watercourse for preserving the existing channel and providing for the flow of rainwater into it in order to safeguard the public against damage by flooding.
EASEMENT
A permanent restriction on, or grant to permit, the passive or active use of the land for a specific purpose or purposes.
ENGINEER
The duly designated engineer or engineering inspector of the Town Engineering Office of the Town of Southold.
EXISTING RESOURCE AND SITE ANALYSIS PLAN (ERSAP)
An analysis conducted in accordance with § 240-10 of this chapter.
FINAL PLAT
A map to be filed with the Planning Board and County Clerk showing the final arrangement of lots, blocks, streets, drainage and other anticipated improvements, parks, open space or agriculture reserve areas shown on the subdivision, if any.
FINAL PLAT APPROVAL
The approval by Planning Board resolution and the signing of a final plat by a duly authorized officer of the Planning Board.
FLOODPLAIN OR FLOOD-PRONE AREA
Any area identified by Chapter 148, Flood Damage Prevention, of the Town Code.
GRADING
A redistribution of soil or rock to effect a change in topography, elevation or natural grade.
LOT
The unit or units into which land is divided, either as undeveloped or developed sites.
LOT LINE MODIFICATION
See definition of "resubdivision."
NATURAL BUFFER
A naturally vegetated area along the boundaries of a subdivision, lot or parcel.
NATURAL FEATURES, RESOURCES OR SYSTEMS
All components of the natural environment, including, without limitation, water bodies, drainage courses, freshwater and tidal wetlands, dunes, bluffs, beaches, woodlands, shrublands, grasslands, large trees, glacial erratics, unique or unusual plants and trees, wildlife habitat and scenic views or overlook areas, significant or prime agricultural soils and all combinations thereof.
OFFICIAL MAP
The map established by the Town Board pursuant to law, showing streets, highways, drainage rights-of-way, park areas, both existing and proposed.
OPEN DEVELOPMENT AREA
An area or areas established by the Town Board pursuant to § 280-a of the New York State Town Law.
PARK AND RECREATION FEE
Money paid in lieu of a park dedication to the Town of Southold Park and Recreation Fund for use in the acquisition or capital improvement of Town parks and recreation facilities.
PARK DEDICATION
A dedication or reservation of land in a subdivision for active or passive park purposes, exclusive of lands to be used for drainage recharge.
PERFORMANCE BOND
A bond executed by the owner with security acceptable to the Town Board to insure the completion of the required public improvements in accordance with an estimate approved by the Office of the Town Engineering Office.
PLANNING BOARD or BOARD
The Planning Board of the Town of Southold, Suffolk County, New York.
PRELIMINARY PLAT
The map prepared prior to the final plat for the guidance of the applicant and the Planning Board, in the manner prescribed by these regulations, showing the arrangement of lots, blocks, streets, drainage, and other anticipated improvements, parks, open space or agriculture reserve areas shown on the subdivision.
PRESERVATION
The protection of natural and man-made features, resources or systems and cultural features in their natural or existing condition for restrictive and nonconsumptive use.
RECREATION, ACTIVE
Recreational use of land requiring its substantial improvement, including but not limited to playing fields, tennis courts, swimming pools and the like.
RECREATION, PASSIVE
Recreational use of land requiring little or no improvement, including but not limited to a trail.
RESUBDIVISION
A subdivision of property which involves redrawing the original lot lines to combine lots for building purposes where no lot has been developed or the further division or alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the office of the Suffolk County Clerk.
SEQRA
The New York State Environmental Quality Review Act and its implementing regulations.
STANDARD SUBDIVISION
Any subdivision of land which is not classified as a conservation subdivision.
STREET, ARTERIAL
A main street or highway carrying a high proportion of the traffic within the Town of Southold, and including State Route 25 and County Route 48.
STREET, COLLECTOR
A street or highway which serves or is intended to serve as a major collector road within the Town and which provides access to State Road 25 and County Route 48 from local streets.
STREET, LOCAL
A local street or road which serves or is intended to serve as the primary means within neighborhoods and subdivisions and which is the main means of access to a collector or arterial street.
STREET OR RIGHT-OF-WAY WIDTH
The distance between property lines, measured at right angles to the center line of the street used to provide vehicular access to a lot or parcel.
SUBDIVISION
The division of any tract or parcel of land into two or more lots, whether or not such division creates new streets or extends existing streets. Subdivision shall also include a resubdivision.
TRAIL
A path, walk or way which may be on the ground or elevated on a board or catwalk and may be used for hiking, walking, horseback riding or other similar recreational pursuit, but excluding motorized vehicles. This shall include existing trails as well as trails created pursuant to this chapter.
YIELD
The number of lots into which a tract, parcel or lot of land may be lawfully divided.
[1]
Editor's Note: See Art. XII, Design Standards.