For the purpose of these regulations, certain
words and terms used herein are defined as follows:
The duly designated Commissioner of Public Works of the Town.
See "Master Plan."
The approval of a final plat subject to conditions set forth
by 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 in which 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 beyond the initial 180 days.
The working drawings and specifications for public improvements
and utilities involved in the plan of subdivision.
An architect, landscape architect, professional engineer,
or other person 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.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
See "subdivision plat."
Final approval of a plat in final form is 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 the County Clerk or Registrar in the County of Orange.
Open space development which includes but is not necessarily
limited to the following existing and cultivated elements arranged
to produce an artful or otherwise desired effect: turf, meadow, rocks,
watercourses or bodies, trees, shrubs, flowers, walls, berms, swales,
lanes, paths, and other similar natural and man-made elements or forms.
A parcel or portion of land separated from other parcels
or portions, for purpose of sale, lease or separate use, by means
of a description as indicated by a subdivision plat, a recorded map
or deed or by metes and bounds or separated by a public street or
railroad right-of-way.
A comprehensive plan, prepared by the Planning Board pursuant
to § 272-a of the Town Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
municipality and includes any unit or part of such plan separately
prepared and any amendment to such plan or parts therein.
The duly designated Engineer of the Town.
The Town Board of the Town of Wallkill.
The map established by the Municipal Legislature pursuant
to § 270 of the Town Law, showing streets, highways, and
parks and drainage, both existing and proposed.
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law, and hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in Article V of these regulations.
Any parcel of land owned individually and separately, and separated in ownership from any adjoining tracts of land on the effective date of these regulations, which has a total area which exceeds the minimum requirements of Chapter 249, Zoning, and for which there exists the legal possibility of subdivision or resubdivision.
A security which may be accepted by the municipality 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 incomplete improvements
in the subdivision as estimated by the Planning Board or agency designated
by the Municipal Legislature. Securities shall include such collateral
or agreements acceptable to the Municipal Legislature or a bond issued
by a surety company and to run for a term not to exceed three years;
provided, however, that the term may be extended by the Municipal
Legislature with the consent of the parties thereto.
The Planning Board of the Town of Wallkill.
A drawing prepared in a manner prescribed by local regulation,
showing the salient features of the layout of a proposed subdivision
submitted to the Planning Board for purposes of consideration prior
to submission 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 unsized, including preliminary
plans and profiles, at suitable scale and in such detail as local
regulation may require.
The minimum acceptable standards of street construction for
proposed municipal roads within subdivisions, as promulgated by these
regulations (or as adopted separately on May 24, 1973).[1]
A privately owned strip of land of less width 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.
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 any change of a lot line, or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
The total land of any owner, whether part or all of such
owner's land is submitted for plat approval.
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.
A street serving no more than eight dwelling units or an
off-street parking lot.
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.
A street or a portion of a street with only one vehicular
traffic outlet.
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 are parallel to and adjacent to arterial
streets and highways, and which provide access to abutting properties
and protection from through traffic.
A street intended to serve primarily as an access to abutting
properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The full width of a publicly maintained travelled way, whether
acquired through dedication or by use. It may include pavement, shoulders,
ditches or gutters, culverts or sluiceways. 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.
A street designed to provide a connection to possible future
development outside the subdivision so that continuity of traffic
circulation can be maintained.
The width of the right-of-way, measured at right angles to
the center line of the street.
Any person, firm, corporation, partnership or association,
who or which shall lay out any subdivision or part thereof as defined
herein, either for himself or others.
The division of any parcel of land into two or more lots,
blocks or units, with or without streets or highways. Such division
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. For the purposes of these
Subdivision Regulations, a parcel shall be considered already to have
been subdivided into two or more lots if bisected by one or more public
streets or railroad rights-of-way.
Any subdivision not classified as a minor subdivision, including,
but not limited to, subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of municipal facilities.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal 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, or Zoning Ordinance, if such exists, or these regulations.
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 municipal facilities.
A drawing in final form, prepared in a manner prescribed
by local regulation, showing a proposed subdivision, containing in
such additional detail as shall be provided by local regulation or
any other applicable state law or local law, ordinance, rule, regulation
or resolution all information required to appear on a preliminary
plat and the modifications, if any, 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 Commissioner of Public Works of the Town of Wallkill.
A person licensed as a land surveyor by the State of New
York.
See "Master Plan."
A parcel of land or structure divided into two or more distinct
portions that will not be owned in fee simple.
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.
The Zoning Ordinance of the Town of Wallkill.[2]
