For the purpose of these regulations, certain
words and terms used herein are defined as follows:
AGRICULTURAL DATA STATEMENT (ADS)
A document, as set forth in § 283-a of New York
State Town Law, to be submitted to the Planning Board as part of any
application proposing the subdivision of a parcel which is wholly
or partially located within an agricultural assessment district established
pursuant to Article 25-AA of the New York State Agriculture and Markets
Law, and upon which is located an existing farm operation. The ADS
shall include the following information:
A.
The name and address of the subdivider.
B.
A description of the proposed subdivision and
its location.
C.
The name and address of any owner of land within
the agricultural district, which land contains farm operations and
is located within 500 feet of the boundary of the property involved
in the subdivision application.
D.
A tax map or other map showing the site of the
proposed project relative to the location of farm operations identified
in the ADS. The purpose of the ADS is to aid the Planning Board it
its review of a subdivision application in making a determination
of how the proposed subdivision may impact farm operations within
the agricultural assessment district. Where possible, the Planning
Board shall encourage the usage of existing application and environmental
assessment forms for the purposes of presenting the data required
in the ADS, either as part of such forms, or as an attachment(s) thereto.
BOARD
See "Planning Board."
BUILDING LINE
The line within a lot delineating the minimum distance between any part of a principal structure and an adjacent lot line or street line, as required in the Chapter
210, Zoning.
BUILDING LOT
Any lot upon which a principal residential or commercial building can be constructed in conformance with the requirements of Chapter
210, Zoning, of the Code of the Town of Hurley.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Hurley, New York
or duly authorized representative.
CONSOLIDATION
The combining or merger of adjoining, but separate, individually
recorded lots and parcels into a single tract of land in single ownership.
CURB
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 landscaped areas.
DRIVEWAY
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure on one lot.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his or her
property.
ENVIRONMENTAL ASSESSMENT FORM (EAF)
A form used by the Planning Board to assist it in determining
the environmental significance or nonsignificance of a proposed subdivision.
A properly completed EAF should contain information to describe the
proposed subdivision, the environmental setting and the potential
impacts of the proposed subdivision upon the environment. There are
two types of Environmental Assessment Forms:
A.
FULL EAFThis is a detailed EAF that must be used by the Planning Board to determine the environmental significance or nonsignificance of a proposed subdivision that meets or exceeds the thresholds for a Type 1 action, as established in the State Environmental Quality Review (SEQR) procedures. The Planning Board may also consider, and require submission of a full EAF for a proposed subdivision that is classified as an unlisted action, as established in the State Environmental Quality Review (SEQR) procedures, but poses possible environmental impacts that the Planning Board may consider to be possibly significant or potentially adverse.
B.
SHORT EAFThis is a simplified EAF that may be used by the Planning Board to determine the environmental significance or nonsignificance of an unlisted action.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A report containing the description of a proposed subdivision,
its environmental setting, potential environmental impacts, ways to
minimize the impacts, and reasonable alternatives. It serves as a
public disclosure of the record used by the Planning Board in its
environmental decision-making. There are two stages in an environmental
impact statement:
A.
DRAFT EISThis is a preliminary statement that is used for public review and comment.
B.
FINAL EISThis is the completed document consisting of the draft EIS, plus any revision, public comments and lead agency responses to the substantive comments.
FINAL PLAT
The final drawing or drawings of a subdivision submitted to the Planning Board as prescribed in §
170-28 of these regulations which, if approved, may be duly filed in the office of the County Clerk.
FRONTAGE
That part of a lot which is coincident with a street line.
IMPROVEMENT
Any man-made, immovable item which becomes part of, is placed
upon or is affixed to real estate, including but not limited to the
creation of new streets, building sites, public walkways, parks and
recreation areas, water supply and waste disposal facilities.
LOT LINE ADJUSTMENT
A transfer of property between two adjoining landowners where the property to be transferred has less than the minimum lot area for building purposes, as required under the Chapter
210, Zoning, and no new separate lots are created.
OFFICIAL DATE OF SUBMISSION
The dates when a sketch plan, preliminary plat or final plat
shall be considered submitted to the Planning Board, hereby defined
to be the date of the regular monthly meeting of the Planning Board
at least 10 days prior to which all required surveys, plans, data
and fees are filed with the Clerk or other authorized person of the
Planning Board.
OFFICIAL MAP
The map established by the Town Board, pursuant to § 270
of New York State Town Law, showing streets, highways, parks and drainage,
both existing and proposed, and additions thereto resulting from approval
of subdivision plats by the Planning Board and the subsequent filing
of such approved plats.
PERFORMANCE GUARANTY
The financial security which may be accepted by the municipality
in lieu of the requirement that certain improvements be made and maintained
before the Planning Board gives final approval to a subdivision plan.
This security may take the form of a bond, letter of credit, cash
deposit or other form of financial surety, as set forth in § 277,
Subdivision 9, of New York State Town Law, which is satisfactory to
and approved by the Town Board.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat," 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 unsized, including preliminary plans and profiles, at suitable scale and in such detail as prescribed in §
170-27 of these regulations.
RESUBDIVISION
Any change of property lines or division of lots shown on
a plat previously approved by the Planning Board and filed in the
office of the County Clerk.
SKETCH PLAN
A freehand sketch showing the general features of a proposed subdivision as prescribed in §
170-26 of these regulations.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
The rules, regulations and procedures set forth in 6 NYCRR
(New York Code of Rules and Regulations) Part 617 which implement
Article 8 of the New York State Environmental Conservation Law, where
Article 8 establishes the requirement for environmental review of
actions approved, funded or directly undertaken by state or local
government.
STREET
A parcel of land or right-of-way intended for vehicular traffic,
whether designated as a road, avenue, lane, way, highway or other
similar name, which is:
A.
An existing state highway, county road, town
highway or road maintained by the New York City Department of Environmental
Protection, Bureau of Water Supply, which is open for use by the general
public;
B.
A street shown upon a subdivision plat approved
by the Planning Board; or
C.
A street shown on a plat duly filed and recorded
in the office of the County Clerk prior to the creation of the Planning
Board.
STREET, COLLECTOR
A street which serves or is designed to connect minor streets
to the major street system.
STREET, DEAD-END
A street with only a single common point of ingress and egress.
STREET LINE
The dividing line between a street and a lot.
STREET, MAJOR
A street which serves or is designed to be primarily for
fast-moving or large traffic volumes.
STREET, MARGINAL ACCESS
A minor street which is parallel to and adjacent to a major
street and which provides access to abutting lots and provides protection
from through traffic; also known as a "service street."
STREET, MINOR
A street intended to primarily provide access to abutting
lots.
STREET PARCEL
A strip of land established by reservation, dedication, prescription
or condemnation and intended to be occupied by a road and also by
a sidewalk and utility lines.
STREET PAVEMENT
The finished wearing or paved surface portion of the street
parcel or right-of-way designed to be used by vehicular traffic.
STREET, PRIVATE
A street that serves two or more lots which is not under
the jurisdiction of, or intended to be dedicated to, the town or other
government agency and is maintained by agreement among the owners
of all lots having frontage on, and having a right of access to, such
street.
SUBDIVIDER
Any person, firm, corporation, partnership or association,
fiduciary, trust or other legal entity, who, having an interest in
land, either as owner, co-owner or authorized representative of the
owner, shall, either directly or indirectly, lay out for the purpose
of development and/or sale any subdivision, as defined herein, either
for himself, herself or itself or for the other parties.
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership or building development. Such
division shall include resubdivision of plats already filed in the
office of the County Clerk if such plats are entirely or partially
undeveloped.
A.
MINOR SUBDIVISIONAny subdivision containing not more than two lots, each of at least the minimum size, as permitted by Chapter
210, Zoning, and 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 Master Plan.
B.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision. A proposed subdivision involving the further division of a parcel previously approved as part of a minor subdivision shall be considered a major subdivision if submitted to the Planning Board for approval within a period of one year from the date of the previous minor subdivision approval, unless the subdivider can demonstrate to the satisfaction of the Planning Board, by means of a sketch plan indicating the layout of the entire tract, that such further subdivision will not adversely affect the development of the remainder of the parcel or adjacent properties.
TOWN
The Town of Hurley, Ulster County, New York.
TOWN ATTORNEY
The person duly designated as attorney of the town on a permanent
or consultant basis and admitted to the bar in the State of New York.
TOWN DEVELOPMENT PLAN
A Comprehensive Master Plan for the development of the town
prepared by the Planning Board, pursuant to § 272-a of the
New York State Town Law, which indicates the general location recommended
for various public works and reservations and for the general physical
development of the town, and includes any part of such plan separately
adopted and any amendment to such plan or parts thereof.
TOWN ENGINEER
The person duly designated as engineer of the town on a permanent
or consultant basis and licensed as a professional engineer by the
State of New York.
TOWN PLANNER
The person duly designated as planner of the town on a permanent
or consultant basis.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal conduit, drain, waterway, gully or ravine in which water flows
in a definite direction or course, either continuously or intermittently,
and has a definite channel, bed and banks.
WETLANDS DESIGNATED
All freshwater wetlands as identified and/or mapped by the
New York State Department of Environmental Conservation, pursuant
to Article 24 of the Environmental Conservation Law, as may be amended
from time to time.