A.Â
Except where specifically defined herein, all words
in this chapter shall carry their customary meanings. Words used in
the present tense shall include the future. Words used in the singular
shall include the plural, and words used in the plural shall include
the singular, unless the context clearly indicates otherwise.
B.Â
The word "shall" is always mandatory. The word "may"
is permissive. The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
B.Â
APPLICANT, SUBDIVIDER
ATTORNEY or TOWN ATTORNEY
BOARD
BUILDABLE AREA
BUILDABLE LOT
BUILDABLE YIELD
BUILDING CODE
BUILDING INSPECTOR
BUILDING PERMIT
CERTIFICATE OF OCCUPANCY
CLUSTER SUBDIVISION
CONCEPTUAL SUBDIVISION PLAN
CONCEPTUAL SUBDIVISION PLAN REVIEW
CONDITIONAL APPROVAL
CURB
DIRECTOR OF PLANNING, TOWN PLANNER
EASEMENT
ENGINEER or TOWN ENGINEER
FINAL PLAT
FINAL SUBDIVISION PLAT APPROVAL
GRADE, ESTABLISHED
GRADE, FINISHED
GRADING
INCENTIVE ZONING
INTERIOR LOT
LOT
LOT LINE REVISION, LOT LINE AMENDMENT
LOT, CORNER
LOT, FLAG
LOT, HOUSE
LOT, INTERIOR
LOT, THROUGH
OFFICIAL MAP
OPEN SPACE
OPEN SPACE, USABLE
OWNER
PARENT PARCEL
PLAT
PRELIMINARY LAYOUT
PRELIMINARY PLAT
PRELIMINARY PLAT APPROVAL
RESOURCE ANALYSIS
RESUBDIVISION
ROADWAY
STEEP SLOPE
STREET
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
STREET JOG
STREET LINE
STREET, PAPER
STREET PAVEMENT
STREET WIDTH
SUBDIVIDER
SUBDIVISION
(1)Â
(2)Â
SUPERBLOCK
SUPERINTENDENT
TOWN PLAN, MASTER PLAN, COMPREHENSIVE PLAN
As used in this chapter, the following terms shall
have the meanings indicated:
Any person, firm, corporation, partnership, association or
other entity who or which shall lay out any subdivision or resubdivision,
or part thereof, either on behalf of himself or for another or others.
The Attorney of the Town of Poughkeepsie.
The Planning Board of the Town of Poughkeepsie.
The space remaining on a lot after the minimum yard, area
and bulk requirements of this chapter have been met, or that area
of the lot for which a variance from said minimum yard, area and bulk
requirements has been granted by the Zoning Board of Appeals.
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 treatment system that
meet the standards of the Dutchess County Department of Health. A
buildable lot shall also adjoin and have access to an improved street,
or shall adjoin and have access to a paper street that will be improved
as part of the development plan for the lot.
The number of potential building lots or the maximum unit
density for a proposed subdivision after deduction of constrained
land areas and public improvements on the parent parcel and the minimum
yard, area and bulk requirements for each proposed lot have been met.
The official New York State Uniform Fire Prevention and Building
Code as adopted by the Town Board, together with any and all amendments
thereto.
The official appointed by the Town Board to administer the
building code.
An application form for a building permit or use permit obtainable
from the Building Inspector or his or her appointed assistant.
A permit to occupy and use a building.
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. Cluster 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.
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 review is limited to ensuring that the proposed subdivision meets the minimum lot and area requirements as set forth in Chapter 210, subject to approval of the plat in preliminary and/or final form in accordance with the provisions of this chapter.
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 a duly authorized officer of the Planning Board and recording of
the plat in the Office of the County Clerk or Registrar as herein
provided.
A low barrier usually along the pavement line of a street,
road or highway, controlling surface drainage and separating vehicular
areas from pedestrian and/or landscaping areas.
The duly appointed head of the Town of Poughkeepsie Planning
Department.
A recorded acquired right of use on the property of another.
The duly designated engineer of the Town of Poughkeepsie
or the Superintendent of Highways, or the consultant or engineer employed
by or assigned to the Planning Board.
A drawing prepared by a New York State licensed professional
engineer or land surveyor (with appropriate certification), in a manner
prescribed by this chapter, showing a proposed subdivision and containing,
in such additional detail as shall be provided by these regulations,
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 of such proposed subdivision 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 Dutchess County Clerk.
The signing of a plat in final form by a duly authorized
officer 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 as officially
established by the Town authorities.
The completed surfaces of lawns, walks 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.
Adjustments to the maximum unit density requirements of the
Town Zoning Law[1] in exchange for the preservation of significant open space
and/or the provision of improvements, facilities or amenities deemed
to be of benefit to the Town.
A lot enclosed on all sides by other lots and not abutting
a public street.
Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by Chapter 210 for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
A change in the location of a boundary between two or more lots within a previously approved plat, filed in the Dutchess County Clerk's Office. See also Chapter 135, Lot Line Revisions.
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°.
A lot which has insufficient frontage on a public street
to comply with the minimum lot frontage requirements of this chapter,
but which is shaped in such a manner that the portion of the lot closets
to the street can only be used for access purposes and not as a yard
or buildable area, and whose width some distance back from the right-of-way
is sufficient to provide proper space to meet the yard and setback
requirements.
[Amended 4-21-2010 by L.L. No. 9-2010]
In cluster 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.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets, but which is not a corner lot.
A map established by the Town Board, showing street, highways
and parks theretofore laid out, adopted and established by law and
any amendments thereto adopted by the Town Board or additions thereto
resulting from approval of subdivision plats by the Planning Board
and the subsequent filing of such approved plats.
Land either left in a natural state for conservation or cultivated
for agricultural purposes, or landscaped and improved for scenic purposes
or recreational purposes, and devoted to active or passive recreation,
or devoted to the preservation of distinctive architectural, historic,
geologic or botanic sites, scenic views, or other open space qualities.
The term shall not include land that is paved, used for the storage,
parking or circulation of automobiles, or occupied by any structure
unless such structure serves the agricultural, scenic, recreational,
or other open space use, or enhances access thereto and use thereof.
Open space may be included as a portion of one or more large lots,
or may be contained in one or more separate open space lots, but shall
not include private yards within 100 feet of a principal structure.
An unenclosed portion of the ground of a lot which is not
devoted to driveways, access roads, parking spaces; which is free
of structures that would interfere with the functionality of the open
space and the intended use of the property; which is no less than
eight feet in width at any point; which is available and accessible
to all occupants of the building or buildings on said lot, or on a
separate dedicated lot as part of a common development scheme, for
purposes of active or passive outdoor use.
The owner of record of a tract or parcel, the subdivision
of which requires approval of the Planning Board, or a person or persons
holding an option to purchase a tract or parcel, contingent only upon
receipt of Planning Board approval of a proposed subdivision of such
tract or parcel. The owner may be represented by a duly authorized
agent or representative in the conduct of business before the Board,
except in those instances specified hereafter that require the appearance
of the owner in person.
A 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 Poughkeepsie Assessor's
Office as of the effective date of this chapter.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Planning Board for approval
and which, if approved, will be submitted to the County Clerk for
recording. (See §§ 276, 277, 278 and 279 of the Town
Law.)
A preliminary drawing showing the proposed layout of a subdivision
which is submitted to the Planning Board for its consideration and
conditional approval.
A drawing prepared in the manner prescribed in this chapter
showing the layout of a proposed subdivision, including, but not restricted
to, road and lot layout and approximate dimensions, key plan, topography
and drainage, 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.
A map depicting the environmental conditions of a lot, including,
but not limited to, the location of soils, wetlands, water bodies,
rock outcrops, vegetation, slopes, and man-made improvements on a
lot, prepared as part of a conceptual subdivision plan review.
The further subdivision of lots or the relocation of lot
lines of any lot or lots, including the alteration of any streets
or the establishment of any new streets, within a subdivision previously
approved by the Planning Board and which has been filed in the Office
of the Dutchess County Clerk.
The portion of the street which is paved and ordinarily used
for vehicular traffic (also see "street").
All ground areas having a topographical gradient equal to
or greater than 20% measured by utilizing two-foot contours.
A way for vehicular traffic, whether designated as a street,
highway, throughway, thoroughfare, avenue, boulevard, road, parkway,
right-of-way, lane, place or court or however otherwise designated.
An existing public way which affords principal means of access to
abutting properties and is suitably improved; or a proposed access
way shown on a plat approved by all appropriate official agencies.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETS AND HIGHWAYSThose streets which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
DEAD-END STREETS or CULS-DE-SACThose streets which are closed to traffic at one end.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection for through traffic.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
Opposing streets that have their center lines off-set to
each other rather than lined up directly opposite to each other.
The dividing line between the street right-of-way and a lot.
A street that has never been built but is shown on an approved
plan, subdivision plat, tax map, or Official Map of the Town of Poughkeepsie.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way or the distance between property
lines, on opposite sides of a street.
Any person, firm, corporation, partnership or association
which shall lay out, for the purpose of development and/or sale, any
subdivision, as defined herein, either for himself, herself, itself
or for others.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets, for
the purpose of immediate or future sale or building development. Under
this chapter there are two types of subdivisions:
MINOR SUBDIVISIONAny subdivision containing not more than two lots, each of at least the minimum size as permitted by Chapter 210, each fronting on an existing public street, not involving any new street or road or the extension of 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 Town Plan.
MAJOR SUBDIVISIONA subdivision not classified as a minor subdivision.
An oversize residential block wherein private open space,
undisturbed by automobile traffic, is provided for the common use
of all residents in the block.
The duly elected Superintendent of Highways of the Town of
Poughkeepsie, New York.
A comprehensive plan that indicates the general locations
recommended for the various functional classes or public works, places
and structures and for the general physical development of the Town
of Poughkeepsie and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
