A.Â
For the purpose of these regulations, certain numbers,
abbreviations, terms and words used herein shall be used, interpreted
and defined as set forth in this section.
B.Â
Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense; words used
in the plural number include the singular; the word "herein" means
"in these regulations;" and the word "regulations" means "these regulations."
C.Â
A "person" includes a corporation, a partnership and
an incorporated association of persons such as a club; "shall" is
always mandatory; a "building" includes a "structure;" a "building"
or "structure" includes any part thereof; and "used" or "occupied"
as applied to any land or building shall be construed to include the
words "intended, arranged or designed to be used or occupied."
As used in these regulations, the following
terms shall have the meanings indicated:
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
The owner of land proposed to be subdivided, or his representative.
Consent shall be required from the legal owner of the premises if
the applicant is not the owner.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways or boundary lines of municipalities.
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit, in an amount and form
satisfactory to the Town Board. All "bonds" shall be approved by the
Town Board wherever a "bond" is required by these regulations.
A line that indicates a boundary of a parcel of land.
[Added 2-8-2005 by L.L. No. 1-2005]
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind, and
includes any structure.
A community sewer system, including collection and treatment
facilities, established by the developer to serve a new subdivision
in an outlying area.
A private water company formed by a developer to serve a
new community development in an outlying area. It includes water treatment
and distribution facilities.
Soil or earth free of all deleterious and/or organic matter
and shall be composed of no more than 10% by volume of stone, rocks
or boulders with their maximum size measuring no more than 12 inches
in either length or diameter. It shall not include: (1) construction
or demolition debris; (2) putrescible materials; (3) slag; (4) dredgings
from waterways or water bodies; (5) more than 50% clay by weight.
[Added 2-8-2005 by L.L. No. 1-2005]
The approval of a final plat subject to conditions 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 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
in accordance with provisions of these regulations.
To determine the number of allowable residential units on
a parcel using a conventional subdivision plan the applicant shall
submit a preliminary plat of the parcel showing a conventional subdivision
that complies with the Schedule of Bulk Regulations.[1] This plan shall also comply with applicable requirements
of the Town of Pawling Subdivision Regulations, the County Department
of Health and all state and federal agencies with jurisdiction over
such a subdivision. The Planning Board shall evaluate the conventional
plan to determine its compliance with applicable regulations, taking
account of soils, slopes, wetlands, and other environmental constraints
as well as the physical and economic feasibility of constructing roads
that satisfy maximum grade requirements and adequate provisions for
water supply and wastewater disposal conforming with regulatory requirements.
The Planning Board may disallow any roads or lots which, in its judgment,
would not be buildable under applicable regulations. To determine
the net acreage, the applicant shall subtract from the total gross
acreage of the parcel all wetlands, water bodies, floodplains and
slopes over 25%. After reviewing the conventional subdivision plan,
the Planning Board shall adopt a resolution establishing the permissible
maximum density under this conventional subdivision method.
[Added 9-9-2003 by L.L. No. 1-2003]
Diameter at breast height.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his property.
A deposit of cash with the Town in lieu of an amount required
and still in force on a performance bond. Such "escrow" funds shall
be deposited by the Code Enforcement Officer in a separate account.
The map or plan or record of a subdivision and
any accompanying material, as described in these regulations.
A drawing prepared in the manner set forth herein
showing a proposed subdivision containing in detail, as required by
these regulations, all information required to appear on the preliminary
plat and any modifications 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.
The signing of a final plat by a duly authorized officer
of a Planning Board after 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 County Clerk or Registrar
in the county in which such plat is located.
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as
the ordinary side of a corner lot.
A septic tank, seepage tile sewage disposal system or any
other approved sewage treatment device.
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or for building development.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
Any building, structure, place, work of art or other object
or improvement of the land on which it is situated constituting a
physical betterment of real property or any part of such betterment.
Certain "lot improvements" shall be properly bonded as provided in
these regulations.
The modification or relocation of the property boundary line
between two adjoining lots with the consent of the owners of record.
Planning Board approval is required, and fees will be charged, and
the lot line changes must conform with all sections of the Town of
Pawling subdivision and zoning regulations.
[Added 2-8-2005 by L.L. No. 1-2005]
A bond furnished by the developer or owner of the parcel
with security acceptable to the Town Board, to guarantee workmanship,
materials and maintenance of all required improvements for a period
of one year from the date of release of the performance bond by the
Town or as otherwise specified by the Planning Board.
[Added 8-25-2009 by L.L. No. 5-2009]
A comprehensive plan for development of the town, prepared
and adopted by the Planning Board, pursuant to state law and including
any part of such plan separately adopted and any amendment to such
plan or parts thereof.
A subdivision whose intended use is other than residential,
such as commercial or industrial. Such subdivision shall comply with
the applicable provisions of these regulations.
The map and any amendments thereto, adopted or as may be
adopted by the Town Board under § 270 of the Town Law or
the map, and any amendment thereto, which may be adopted by the County
Legislature under §§ 239-g, 239-h and 239-i of the
General Municipal Law.
The date when a subdivision plat shall be considered submitted
to the Planning Board, as provided in § 276 of the Town
Law, hereby defined to be the date of the meeting of the Planning
Board at which all required surveys, plans and data are submitted.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under these regulations.
A bond, as provided for in § 277 of the New York
State Town Law, to assure the full and satisfactory completion of
all required public improvements, specific lot improvements on individual
subdivided lots, environmental performance measures, and all other
on-site and off-site mitigation measures, as specified in the Planning
Board resolution of approval or specified by the approved plat and/or
construction plans. Such bond shall constitute an undertaking given
by the developer to the Town to complete the improvements within a
time period fixed by the Planning Board.
[Added 8-25-2009 by L.L. No. 5-2009]
Any existing street to which the parcel of land to be subdivided
abuts on only one side.
The Town of Pawling Planning Board.
[Amended 2-8-2005 by L.L. No. 1-2005]
A drawing prepared in the manner set forth herein showing
the plat of a proposed subdivision, including but not restricted to
road and lot plat with approximate dimensions, key plan, topography
and drainage and all proposed facilities, including preliminary plans
and profiles at suitable scale and in such detail as specified in
these regulations.
The approval of the plat of a proposed subdivision as set
forth in a preliminary plat, but subject to approval of the plat in
final form in accordance with the provisions of these regulations.
A change in a subdivision plat or resubdivision plat filed
in the office of the Dutchess County Clerk, which change:
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees
or for another special use. The usage of the term "right-of-way" for
land-platting purposes shall mean that every "right-of-way" hereafter
established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such "right-of-way" and not included
within the dimensions or areas of such lots or parcels. "Rights-of-way"
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains, shade trees or any other use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on
which such "right-of-way" is established.
A street which is parallel to and adjacent to another street,
also called a "frontage road," "service road" or "marginal access
street."
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
on lands and other persons have no legal right to access to or from
the same, except at such points and in such manner as may be determined
by the public authority having jurisdiction over such trafficway.
The distance between property lines measured at right angles
to the center line of the street.
The distance between a building and the street line nearest
thereto.
A right-of-way for vehicular traffic, including a road, avenue,
land, highway or other way.
A street which serves or is designed to be used primarily
for fast or heavy traffic.
A street which serves or is designed to serve as an access
to abutting business properties.
A street or a portion of a street with only one vehicular
outlet.
A street which carries traffic from minor streets to the
major arterial streets; the principal entrance and circulation streets
within a development.
The wearing or exposed surface of the roadway used by vehicular
traffic.
A street intended to serve primarily as an access to abutting
residential lots.
The distance between property lines.
Any person who, having an interest in land, causes it, directly
or indirectly, to be divided into a subdivision; or who, directly
or indirectly, sells, leases or develops or offers to sell, lease
or develop or advertises for sale, lease or development any interest,
lot, parcel, site, unit or plat in a subdivision; or who engages,
directly or through an agent, in the business of selling, leasing,
developing or offering for sale, lease or development, a subdivision
or any interest, lot, parcel, site, unit or plat in a subdivision;
and who is directly or indirectly controlled by or under direct or
indirect common control with any of the foregoing.
Any land, vacant or improved, which is divided or proposed
to be divided into two or more lots, parcels, sites, units, plots
or interests for the purpose of offer, sale, lease or development,
either on the installment plan or upon any and all other plans, terms
and conditions, including resubdivision. "Subdivision" includes the
division or development of residential and nonresidential zoned land,
whether by deed, metes and bounds description, devise, intestacy,
lease, map, plat or other recorded instrument.
All subdivisions or resubdivisions not classified as minor
subdivisions, including but not limited to subdivisions of more than
four lots or any size subdivision requiring any new street or extension
of the local governmental facilities or the creation of any public
improvements.
All subdivisions or resubdivisions containing two, three or four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of any public improvements and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 215, Zoning, or these regulations.
[Amended 11-13-1984 by L.L. No. 8-1984]
[Repealed 11-13-1984 by L.L. No.
8-1984]
The duly elected Town Superintendent of Highways or other
such authorized official.
Improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
See "Master Plan."
