A.Â
Except where specifically defined herein, all words
used in these regulations shall carry their customary meanings. Words
used in the present tense shall include the future tense. Words used
in the singular number shall include the plural, and words used in
the plural number include the singular, unless the context clearly
indicates the contrary.
B.Â
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes "any part thereof."
A "building" includes all other structures of every description, except
fences and walls, regardless of dissimilarity to conventional building
forms. The "lot" includes the word "plot" or "parcel." The word "person"
includes a corporation and a partnership, as well as an individual.
C.Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
For the purpose of these regulations, certain
words and terms used herein are defined as follows:
See "subdivider."
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: the name and address of the
subdivider; a description of the proposed subdivision and its location;
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; and 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 in 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.
See "Planning Board."
The Code Enforcement Officer of the Town of Esopus, New York,
or duly authorized representative.
Any lot upon which a principal residential or commercial
building can be constructed in conformance with the requirements of
the Zoning Law/Ordinance.
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 Town of Esopus Zoning Law/Ordinance.
The person duly designated as Clerk or Secretary of the Planning
Board.
The combining or merger of adjoining but separate, individually
recorded lots and parcels into a single tract of land in single ownership
(see "lot line adjustment").
A low baffler, usually along the pavement line of a street,
road or highway, controlling surface drainage and separating vehicular
areas from pedestrian and/or landscaped areas.
A facility for the temporary storage of stormwater runoff.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure on one lot.
Authorization by a property owner for the use of any designated
part of his property by another party for a specified purpose.
The person duly designated as Engineer for the Planning Board
on a permanent or consultant basis, and licensed as a professional
engineer by the State of New York.
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:
Full EAF: This 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 I 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.
Short EAF: This is a simplified EAF that may
be used by the Planning Board to determine the environmental significance
or nonsignificance of an unlisted action.
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:
The final drawing or drawings of a subdivision submitted to the Planning Board as prescribed in § 107-29 of these regulations which, if approved, may be duly filed in the office of the County Clerk.
That part of a lot which is coincident with a street line.
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.
A transfer of property between two adjoining landowners where
no new separate lots are created, or a consolidation.
See "Town Comprehensive Plan."
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 which an application is accepted as complete.
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.
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 letter of credit, cash deposit
or other form of financial surety, as set forth in § 277(9)
of New York State Town Law, which is satisfactory to and approved
by the Town Board and Attorney for the Planning Board.
The Planning Board of the Town of Esopus.
A person duly designated as Attorney for the Planning Board
on a permanent or consultant basis, and admitted to the bar in the
State of New York.
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 § 107-28 of these regulations.
Sections 1115 through 1119 of New York State Public Health
Law.
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.
A sketch showing the general features of a proposed subdivision as prescribed in § 107-27 of these regulations.
The rules, regulations and procedures set forth in 6 NYCRR
(New York Code, 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.
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:
A street which serves or is designed to connect minor streets
to the major street system.
A street with only a single common point of ingress and egress.
The dividing line between a street and a lot.
A street which serves or is designed to be primarily for
fast moving or large traffic volumes.
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."
A street intended to primarily provide access to abutting
lots.
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.
The finished wearing or paved surface portion of the street
parcel or right-of-way designed to be used by vehicular traffic.
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 amongst the
owners of all lots having frontage on, and having a right of access
to, such street.
See "street parcel."
The width of a street parcel or right-of-way.
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.
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.
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each of at least the minimum size, as permitted by the Zoning Law, 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.
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 also 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.
The Town of Esopus, Ulster County, New York.
The Town Board of the Town of Esopus.
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.
The person duly designated as Planner of the Town on a permanent
or consultant basis.
The duly elected Superintendent of Highways of the Town of
Esopus.
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.
The Board established by Local Law No. 2 of 1987[1] to advise Town agencies with regard to actions in the
designated coastal zone under the New York State Coastal Management
Program.
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, and Section 404 of the United States Clean Water
Act (U. S. Code, Part 1344).
The officially adopted Zoning Law of the Town,[2] together with any and all amendments thereto, adopted
in accordance with § 264 of New York State Town Law.
