Words in the singular include the plural, and words in the plural
include the singular. The word "persons" includes a corporation and
unincorporated association, and "building" includes "structure" and
shall be construed as if followed by the words "or part thereof."
The word "street" includes "road," "highway" and "lane"; and "watercourse"
includes "drain," "ditch" and "stream." The word "shall" is mandatory
unless otherwise indicated.
Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meanings indicated:
The channel of a stream plus any adjacent floodplain areas
that must be kept free of encroachment in order that the one-hundred-year
flood can be carried without substantial increases in flood heights.
A more flexible method of residential development that allows
for a range of lot sizes. The recommended lot size for the zoning
applicable to the district is used to calculate the allowed number
of lots for a project, but the lot sizes can vary.
[Amended 9-14-2011 by L.L. No. 3-2011]
A performance bond duly issued by a bonding or surety company
approved by the Town Board with security acceptable to the Town Board,
or a performance bond duly issued by the developer-obligor accompanied
by security in the form of cash, certified check or United States
Government bearer bonds deposited with the Town Board in the full
amount of the obligation.
The preferred areas for development which are identified
once the resource analysis and concept discussion on a property have
been completed.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms and designed to limit continuously the view of and/or
sound from the site to adjacent sites or properties.
Per Chapter 53 of the Town Code, the lands lying within (1) 25 feet of wetlands and water bodies of 1/2 acre to one acre in size; (2) 50 feet of wetlands and water bodies of one acre to two acres in size; (3) 75 feet of wetlands and water bodies of two acres to three acres in size; and (4) 100 feet of wetlands and water bodies of three acres or more in size shall be areas of regulation; also, all lands lying within 100 feet of the normal stream bank of Wappingers Creek, Little Wappingers Creek, Great Spring Creek, and any other perennial watercourse or tributary to these named streams. A twenty-five-foot-wide natural buffer shall be maintained from the normal stream bank for all activities except for those dependent upon the passive recreational use of the stream or as a source of water for emergency purposes or agriculture in accordance with agricultural best management practices.
Initial concepts for a site or building based on the resource
analysis and input from the reviewing board(s) and the applicant(s).
Preliminary project plans submitted to the Planning Board
for review and comment prior to the submission of a formal application.
A perpetual restriction on the use of land as may be acquired
or granted in accordance with the provisions of Article 49, Title
3, of the Environmental Conservation Law or § 247 of the
General Municipal Law, for the purposes of conservation of open space,
agricultural land, as well as natural, cultural and scenic resources.
A subdivision where the applicable zoning ordinance or local
law is modified to provide an alternative permitted method for the
layout, configuration and design of lots, buildings and structures,
roads, utility lines and other infrastructure, parks and landscaping
in order to preserve the natural and scenic qualities of the remainder
of the land.
A right-of-way, publicly or privately owned, which cuts across
a block to furnish access for pedestrians to adjacent streets or properties.
A covenant or restriction placed in a deed or on the final
plat, as directed by the Planning Board, that restricts the use of
the land in some way. These are often used to ensure that the owner
complies with a condition imposed by the developer, prior owner or
a land use body.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
Housekeeping accommodations for one or more persons living
as a family.
A lot where access to the public road is by a narrow, private
right-of-way or driveway, of minimum required road frontage, and the
majority of the lot acreage is to the rear of a lot or lots between
the flag lot and the public road.
Homeowners' association; a group that governs all property
ownership within a subdivision, condominium or planned community.
The association collects fees from all owners to pay for common area
maintenance, handles legal and safety issues and enforces the covenants,
conditions, and restrictions set by the developer.
A physical change to the land necessary to produce usable
and desirable lots from raw acreage, including grading, pavement,
curb, gutter and utilities, including water supply, together with
sanitary and storm sewers and drains and approved changes to existing
watercourses, sidewalks, street signs, crosswalks, shade trees, sodding
or seeding, street name signs and monuments.
A guaranty of payment, either revocable or irrevocable, in
letter form generally supplied by a financial institution to another
party. Payment pursuant to a letter of credit will only be made in
accordance with the terms set forth in the letter of credit and the
submission of proper documentation.
A parcel of land intended for transfer of ownership or building
development identified by metes and bounds description and a separate
tax designation.
The mean horizontal distance between the front line and rear
line of a lot.
A lot, the generally opposite ends of which both abut on
streets.
See "flag lot."
The modification of the boundary line between two adjoining
parcels of land, transferring a piece of property from one parcel
to the abutting parcel. A lot line adjustment cannot create an additional
lot, nor shall a line change make an existing lot nonconforming or
more nonconforming.
[Added 9-14-2011 by L.L. No. 3-2011]
The width of a lot at the building line.
The base number of allowable residential units on a site after the unconstrained land [see § 82-22A(1)] has been determined and then divided by the allowable number of units per acre, as determined by the recommended lot size for the zoning district.
[Amended 9-14-2011 by L.L. No. 3-2011]
A map established by the County Board of Representatives
under the General Municipal Law, Article 12-B, § 239-h,
and any changes and additions thereto, made under the provisions of
the General Municipal Law, Article 12-B, § 239-i.
A map established by the Town Board under § 270
of the Town Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law and all changes or additions
thereto made under the provisions of § 273 of the Town Law,
if such map exists.
A newspaper of general circulation within the Town, so designated
by the Town Board in compliance with appropriate state law; if none
is so designated, a newspaper that would qualify for designation.
The date when a sketch plan, a preliminary layout or a subdivision plat shall be considered submitted to the Planning Board, hereby defined to be the date of the meeting of the Planning Board at which all required surveys, plans and data described in Article V are submitted and accepted by the Planning Board as complete.
The owner(s) of the land proposed to be subdivided, whether
individuals, corporations, partnerships or other entities, or the
agents thereof.
The agency empowered by the municipal legislative body under
applicable New York State enabling legislation to act as the Planning
Board of the Town of Pleasant Valley with respect to subdivision administration
and approval.
The final map or drawing prepared, on a base map prepared
by a licensed land surveyor for recording, by a licensed professional
engineer, registered architect, licensed land surveyor or licensed
landscape architect, which shall have his/her New York State seal
affixed thereon and 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.
A plan prepared by a licensed professional engineer, licensed
land surveyor, registered architect or a licensed landscape architect,
on a base map prepared by a licensed land surveyor, showing existing
features of the land and proposed street utility and lot layout within
and adjacent to a subdivision.
Prime agricultural soils, as defined by the U.S. Department
of Agriculture under prime farmland soils, are soils that are best
suited for producing food, feed, forage, fiber, and oilseed crops.
These soils are listed with an "I" on the Dutchess County Soil Survey
Information Chart within the Dutchess County Soil Survey.
A strip of land over which there is a right-of-way, publicly
or privately owned, on which no building fronts, serving as a secondary
means of access to two or more properties.
The minimum lot acreage that is used to calculate the average
density for a zoning district. A lot within a subdivision may be smaller
than the recommended lot size for the zoning district only if the
reduced acreage of the smaller lot is offset by increased acreage
of another lot or lots within the subdivision, such that the combined
acreage divided by the number of lots equals or exceeds the recommended
lot size. Such larger lots shall be permanently restricted, by deed
and subdivision plat, from further subdivision.
[Added 9-14-2011 by L.L. No. 3-2011]
The review and evaluation of the natural, environmental,
historical and cultural resources on a site, resulting in the identification
of resources to be protected and establishing building envelopes.
A change in a subdivision plat or resubdivision plat filed
in the office of the Dutchess County Clerk, which change affects any
street and/or lot layout shown on such plat or affects any area reserved
thereon for public use or diminishes the size of any lot shown thereon.
A geological feature that includes a continuous elevational
crest for some distance. Ridges can be termed "hills" or "mountains"
as well, depending on size and shape.
A strip of land between property lines open for use as a
street, alley or crosswalk.
A line, generally parallel to the street line, beyond which
the front portion of a building may not project into the front yard.
A privately owned and maintained driveway that branches out to serve up to four residences and does not need a turnaround area at the end of the driveway. See § 82-22E, Design standards.
[Amended 9-14-2011 by L.L. No. 3-2011]
The distance an object 18 inches off the pavement (a taillight)
is visible from an eye level 4 1/2 feet above the pavement (average-height
driver's eyes).
Lands that contain significant food, water, or cover for
native terrestrial and aquatic species of animals and plants.
A freehand sketch made on a topographic survey map showing
the proposed subdivision in relation to existing conditions.
Statewide important soils, as defined by the U.S. Department
of Agriculture, is land that is of statewide importance for the production
of crops. Farmland of statewide importance is important to agriculture
in New York, yet exhibits some soil properties that do not meet prime
farmland criteria. These soils are listed with an "S" on the Dutchess
County Soil Survey Information Chart within the Dutchess County Soil
Survey.
Surface formation with a vertical incline greater than 22.5°
or 25%, a sufficient steepness to cause problems such as erosion or
increased flooding when disturbed for land development or other purposes.
A general term used to describe a right-of-way, publicly
or privately owned, serving as a means of vehicular and pedestrian
travel and furnishing space for utilities. The following functional
classification is used in these regulations:
ARTERIAL STREETSThose streets which serve or are designed to serve heavy traffic flows and which are used primarily as routes for traffic between communities or other areas generating heavy traffic.
RESIDENTIAL COLLECTOR ROADA major street which collects traffic from residential areas and channels it to larger roads, such as county highways, state highways, arterials, and interstates. It is well-traveled and accommodates a variety of vehicles, including large delivery trucks, school buses, pick-up trucks, vans, and cars.
RESIDENTIAL AND FARM ACCESS ROADA minor street used mostly by cars, small trucks and farm vehicles; provides access solely to residences or to residences and farm areas. Traffic on this road is light, but it may include occasional large trucks, school buses and farm equipment.
PRIVATE ROADA paved or unpaved minor street that serves a limited number of single-family residences or a recreational area. Private roads shall be maintained by a private homeowners' association.
CUL-DE-SAC or DEAD-END STREETA minor street with one end open for public vehicle and pedestrian access and the other end terminating in a vehicular turnaround.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines.
Any person, firm, corporation, partnership or association
who or which shall lay out, for the purpose of sale or development,
any subdivision or part thereof, as defined herein, either for himself/herself
or 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 and
includes resubdivision.
The duly elected Town Superintendent of Highways or other
such authorized official.
The Town Board of the Town of Pleasant Valley.
The duly licensed professional engineer or registered architect
of the Town of Pleasant Valley or, if there is no such official, a
licensed professional engineer or registered architect employed by
the Town Board for this purpose.
Pursuant to § 272-a of Town Law, a town "comprehensive
plan" means 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 or city.
The comprehensive plan, or part thereof, is prepared by the Town Board,
or by resolution of such Town Board, prepared by the Planning Board
or a special board or committee.
Seasonal bodies of water that attain maximum depths in spring
or fall, and lack permanent surface water connections with other wetlands
or water bodies. Vernal pools do not support fish populations, but
allow for a community of a diverse group of invertebrates and amphibians
that depend upon temporary pools as breeding ponds. A vernal pool
in a woodland setting is referred to as an "intermittent woodland
pool."
An area that is visible from a public roadway or public trail
which encompasses natural landforms such as valleys, ridges, farmlands
and open spaces which may have inherent rural qualities and/or aesthetic
values as determined by those who view it.
Any area that in a normal year has water flowing or standing
above ground to the extent that evidence of an ordinary high water
mark is established. Wetlands contiguous to the water body are considered
part of the water body.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks, and
includes any area adjacent thereto subject to inundation by reason
of overflow or floodwater.
Wetlands (swamps, marshes, bogs, and similar areas) are areas
saturated by surface water or groundwater sufficient to support distinctive
vegetation adapted for life in saturated soil conditions. Wetlands
serve as natural habitat for many species of plants and animals and
absorb the forces of flood and tidal erosion to prevent loss of upland
soil. Protections of wetlands are defined by the rules, regulations,
and policies of the New York State Department of Environmental Conservation
and/or the United States Army Corps of Engineers, and/or the Town
of Pleasant Valley.
