[Amended 11-7-2002 by L.L. No. 7-2002; 11-7-2002 by L.L. No. 7-2002; 1-8-2004 by L.L. No. 1-2004; 2-4-2010 by L.L. No. 10-2010; 5-1-2024 by L.L. No. 1-2024]
For the purpose of these regulations, certain words and terms used herein are defined as follows:
CLERK OF THE PLANNING BOARDThat representative or those representatives of the Planning Board, either member, employee or consultant, who shall be designated to perform the duties of the Clerk of the Planning Board for purposes of these regulations.
CONSERVATION EASEMENTAn easement, covenant, restriction or other interest in real property created under the provisions of §
247 of the General Municipal Law and/or the provisions of Article 49, §§ 49-0301 through 49-0311 of the
Environmental Conservation Law, which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural or natural condition, character, significance or amenities of the real property. Any such conservation easement shall provide that the Town of Union Vale, if not the grantee, shall be the contingent holder and third party enforcer of the easement should default occur by the initial holder of the easement.
Consecutive calendar days unless otherwise specified.
DESIGNATED TOWN ENGINEERThat licensed professional engineer, either employee or consultant, who shall be chosen by the Planning Board to perform the duties of the designated Town Engineer for purposes of these regulations.
DRIVEWAYA private way situated within a lot for vehicular traffic, providing access from a street to a single dwelling or a commercial premises. "Common driveway" is the term employed to identify a like facility which provides shared access to two or more such dwellings or commercial premises.
EASEMENTAn acquired right of use on the property of another, for a specified purpose on a designated part of that property.
IMPROVEMENTSA physical change to the land or installation of certain services necessary to produce usable and desirable lots or sites from raw acreage, including but not limited to water and sewers, recreation and open space areas, grading, pavement curbs, gutters, storm sewers and drains and betterments to existing watercourses, sidewalks and other pedestrianways, street signs, shade trees, sodding or seeding and monuments, whether such improvement is intended to be dedicated and maintained by the public or held in private ownership.
MASTER OR COMPREHENSIVE PLANA comprehensive plan for the general physical development of the Town of Union Vale, Dutchess County, New York, as adopted by the Town Board in October 2001 pursuant to §
272-a of the Town Law, and as may from time to time be amended.
The map which may be established by the Town Board under §
270 of the Town Law showing streets, highways and parks and drainage theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.
The Planning Board of the Town of Union Vale, Dutchess County, New York.
PLANNING CONSULTANT or TOWN PLANNING CONSULTANTThat professional planning consultant, who shall be a member of the American Institute of Certified Planners, and who shall be chosen by the Town Board upon recommendation of the Planning Board to assist in the review of project-specific applications and advise on the administration of this chapter and related requirements, including those set forth under either Chapter
210, Zoning, of the Code of the Town of Union Vale or SEQRA.
The map of a subdivision showing the location, boundaries and proposed ownership of both individual and common properties and associated supporting improvements.
PRELIMINARY PLATThe maps, drawings and other data showing the layout of a proposed subdivision, as specified in §
192-22 of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout and improvements within such proposed subdivision.
A meeting of the Town Planning Board, generally held on a monthly basis, as set forth on an annual calendar adopted by the Planning Board and posted in the manner required under the Open Meetings Law, which calendar may be supplemented from time to time by individually noticed special meetings.
RESUBDIVISIONAny change in the plat of a subdivision which has been previously filed in the Dutchess County Clerk's office, which change affects any street layout shown on such plat, affects any area reserved thereon for public use or open space purposes, or diminishes the area of any lot shown thereon.
SIGHT DISTANCEThe distance an object 18 inches above the pavement, e.g., a taillight, is visible from an eye level 54 inches above the pavement, i.e., an average seated driver's eye level.
SKETCH PLATA sketch of a proposed subdivision showing the information required by these regulations, 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 the objectives of these regulations. A sketch plat shall be drawn to scale but need not have the accuracy of an engineering drawing.
STREETA way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, artery, avenue, boulevard, lane, place, drive or however otherwise designated, which is an existing public way or a way shown upon a subdivision plat approved by the Town Planning Board as provided by these regulations, or on a plat duly filed and recorded in the office of the Dutchess County Clerk. For characterization of specific street types, please refer to Chapter
A215 of the Code of the Town of Union Vale.
The wearing or exposed surface of the roadway used by vehicular traffic, i.e., the traveled way.
STREET WIDTHThe width of the right-of-way or the distance between property lines on opposite sides of a street, measured at right angles to the center line of such street.
SUBDIVIDERAny person, firm, corporation, partnership or association which shall lay out for the purpose of development, sale or lease any subdivision as defined herein, either for himself, itself or for others.
SUBDIVISIONA. For purposes of this chapter, and consistent with the provisions of Town Code Chapter
210, Zoning, the term "subdivision" shall include any of the following actions:
(1) 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 lot line alteration, transfer of ownership, lease for other than recreation, conservation or agricultural purposes, or building development.
The resubdivision of any parcel of land for which an approved plat has already been filed in the Dutchess County Clerk's office and which is entirely or partially undeveloped.
Reinstatement of any subdivision approval that may have expired for reasons including but not limited to the imposition of a "sunset" or like provision by either the Planning Board or the Dutchess County Health Department or the failure of the subdivider to complete required improvements in a manner pursuant to, and consistent with, the terms of the Planning Board's approval and pertinent provisions of Town Law related to either project phasing, i.e., filing of a plat in sections, or posting and satisfaction of performance guaranties.
MAJOR SUBDIVISIONAny subdivision requiring any new street or road extension thereof, whether intended to be public or private, or any extension of any other Town or other municipal facilities.
For the purposes set forth herein, any such subdivision shall be classified as to scale and nature of improvements as either a "minor subdivision" or a "major subdivision" as set forth below and as to "residential subdivision or other land development technique" pursuant to Town Code Chapter
210, Zoning.
(1) LOT CONSOLIDATIONA type of minor subdivision resulting in the merger in their entirety of two or more lots as depicted on a filed subdivision plat or otherwise set forth on the Town real property tax map. The effect of lot consolidation might be considered "reverse subdivision."
LOT LINE ALTERATIONA type of minor subdivision resulting in any other modification in either the boundary of an existing, legally established lot or in deeded easement providing for driveway access to the lot access which neither results in the creation of any new lot nor either creates or increases any noncomplying condition with respect to any area and bulk or other dimensional requirement established by Chapter
210, Zoning, or other regulations administered by the Dutchess County Health Department, the New York State Uniform Fire Prevention and Building Code, or other pertinent law, rule or regulation.
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each of at least the minimum lot area and dimension required by Chapter
210, Zoning, each fronting on an existing street or road and gaining access from such existing street or road via an individual driveway demonstrated to be in conformance with the design standards referenced at §
210-25 of the Town Zoning Code and set forth within Town Code Chapter
111, Driveways, not involving any new public or private street or road or the extension of any Town or other 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, the Official Map, Chapter
210, Zoning, or this chapter.
MAJOR SUBDIVISIONAny subdivision requiring any new street or road extension thereof, whether intended to be public or private, or any extension of any other Town or other municipal facilities.
SUBDIVISION PLAT or FINAL PLATThe final maps, drawings and charts on which the subdivider's plan of subdivision containing all information or detail required by law and by these regulations is presented to the Planning Board for approval, and which, if approved, shall be submitted to the Dutchess County Clerk for filing or recording in order to complete the subdivision approval process.
SURVEYOR, LANDA person licensed as a professional land surveyor by the State of New York.
TOWN BOARDThe Town Board of the Town of Union Vale, Dutchess County, New York.
TOWN LAWThe Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
YEARA period of time marked by the passage of any 12 consecutive calendar months.
ZONING LAWThe officially adopted Zoning Law of the Town of Union Vale, together with any and all amendments thereto, in accordance with Article
16 of the Town Law and Articles 2 and 3 of the Municipal Home Law, which Zoning Law is set forth as Chapter
210 of the Code of the Town of Union Vale.