For the purpose of this chapter, certain words
and terms used herein are defined as follows:
CONDITIONAL APPROVAL
The approval of a final and preliminary plat subject to conditions
set for the Planning Board in its resolution conditionally approving
the plat. Conditional approval does not qualify the final plat for
recording. At the time of the resolution conditionally approving the
plat, the Planning Board must empower a duly authorized officer of
the Planning Board to sign the plat subject to completion of the requirements
stated in the resolution. Upon completion of these requirements, the
plat must be signed by the officer so designated. The subdivider has
180 days to satisfy the requirements upon which the approval has been
conditioned and obtain the certification of the officer of the Planning
Board. This period may be extended by the Planning Board if, in its
opinion, the circumstances warrant this, for up to two ninety-day
periods.
CONSTRUCTION DETAILS PLAN
The working drawings and specification for public improvements
and utilities involved in the plan of subdivisions.
DESIGN PROFESSIONAL
Architect, landscape architect, professional engineers or
other persons licensed by the State of New York to practice site planning
and/or engineering. The design professional's responsibility shall
be as defined by state law.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the property
owner's property.
FINAL PLAT APPROVAL
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 is completed. Such final approval qualifies the
plat for recording in the office of the Orange County Clerk.
LANDSCAPED or LANDSCAPING
Open space development which includes, but is not necessarily
limited to, the following existing and cultivated elements arranged
to produce an artful or to otherwise described effect: turf, meadow,
rocks, watercourses or bodies, trees, shrubs, flowers, walls, beams,
swales, lanes, paths and other similar natural and man-made elements
or forms.
MASTER, COMPREHENSIVE, MUNICIPAL OR MUNICIPAL DEVELOPMENT PLAN
A comprehensive plan, prepared by the Planning Board pursuant
to § 179-e of the Village Law, which indicates the general location recommended for various
functional classes of public works, places and structures and for
general physical development of the Village and includes any unit
or part of such plan separately prepared and any amendment to such
plan or parts therein.
OFFICIAL MAP
The map established by the Village Board pursuant to § 179-e
of the Village Law showing streets, highways, parks and drainage, both existing
and proposed.
OFFICIAL SUBMITTAL DATE
The date on which a subdivision plat is considered officially
submitted to the Planning Board, hereby defined as the date the Planning
Board receives the formal subdivision plat, in proper form as provided
for in this chapter.
PARENT PARCEL
Any parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total area which exceeds the minimum requirements of Chapter
200, Zoning, and for which there exists the legal possibility of subdivision or resubdivision.
PERFORMANCE BOND/LETTER OF CREDIT
A security which may be accepted by the Village in lieu of
a requirement that certain improvements be made before the Planning
Board gives final approval to a subdivision plat. Such security shall
be sufficient to cover the full cost of all uncompleted improvements
in the subdivision as estimated by the Planning Board or agency designated
by the Village Board. Securities shall include such collateral or
agreement acceptable to the Village Board.
[Amended 7-6-1999 by L.L. No. 3-1999]
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by this chapter,
showing the features of the layout of a proposed subdivision submitted
to the Planning Board for purposes of consideration prior to submittal
of the plat in final form; 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 maybe required by the Planning
Board.
RESERVE STRIP
A privately owned strip of land of less depth than the lot
depth permitted by the applicable regulations, bounded on one side
by a proposed street and on the other by the boundary of a subdivision
containing said proposed street.
RESUBDIVISION
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat, or area reserved
thereon for public use, or change of a lot line, or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
SITE
The total contiguous land of any owner whether part or all
of such owner's land is submitted for plat approval.
SKETCH PLAN
A draft of a proposed subdivision showing the information
specified in 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 objectives of this chapter.
STREET
A way for vehicular traffic, whether designated as a street,
highway, parkway, thruway, road, avenue, boulevard, lane, place or
however else designated. The term "street" includes the land between
the street right-of-way lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, sidewalks, planted strips,
parking areas and other areas within such street lines.
STREET, MAJOR
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic between communities and/or
other heavy traffic generating areas. Those streets which carry traffic
from minor streets to the major system of arterial streets and highways,
including the principal entrance streets of large residential developments.
STREET, MINOR
Those streets which are parallel or perpendicular to and
adjacent to major streets and highways and which provide access to
abutting properties and protection from through traffic.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET RIGHT-OF-WAY
The full width of a publicly-maintained traveled way, whether
acquired through dedication or by use. It may include pavements, shoulders,
curbing, sidewalk, landscaping or drainage structures. It may be defined
in metes and bounds and be filed with the proper authorities or it
may have been used and maintained by the public for a period of 10
years or more.
STREET TAP or STUB STREET
A street designed to provide a connection to possible future
development outside the subdivision so that continuity of traffic
circulation can be maintained.
STREET WIDTH
The width of right-of-way, measured at right angles to the
center line of the street.
SUBDIVIDER
Any person, firm, corporation, limited liability company,
partnership or association, who shall make application to layout any
subdivision or part thereof as defined herein, either for himself
or others.
SUBDIVISION
The division or any parcel of land or structure into two
or more lots, blocks, sites or units, with or without streets or highways.
Such divisions 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.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including,
but not limited to, subdivision of five or more lots, or any size
subdivision requiring any new street or extension of Village facilities.
SUBDIVISION, MINOR
Any subdivision containing not more than four lots fronting on an existing street not involving any new street or road or the extension of Village facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the master plan, Official Map, if such exists, or Chapter
200, Zoning, or this chapter.
SUBDIVISION, OPEN-DEVELOPMENT AREA
A subdivision containing not more than four lots, without
frontage on an existing street, and not requiring any new municipal
street, street extension or extension of Village facilities.
SUBDIVISION PLAT or FINAL PLAT
A drawing in final form, prepared in a manner prescribed
by local regulations, showing a proposed subdivision, containing such
additional detail as shall be required by local regulation (or any
other applicable state or local law, ordinance, rule, regulation or
resolution), all information required to appear on a preliminary plat
and the modification if any, required by the Planning Board at the
time of preliminary plat approval of such proposed subdivision, if
such preliminary plat approval has been granted.
SURVEYOR, LAND
A person licensed as a land surveyor by the State of New
York.
UNIT
A parcel of land or structure divided into two or more distinct
portions that will not be owned in fee simple.
VILLAGE ENGINEER
The duly designated licensed professional engineer of the
Village.
WALKWAY
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.
WETLANDS
An area(s) of marshes or swamps which have been designated
as such by the New York State Department of Environmental Conservation
or are regulated or fall under the jurisdiction of any other state
or federal agencies.
ZONING LAW
The Zoning Law of the Village of Monroe.