Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated:
BUILDABLE ENVELOPE
An area within the minimum yard setback requirements where
the principal structure, including a deck, attached garage, etc.,
must be located. The buildable envelope must be of a reasonable size
to accommodate the improvements proposed and conform to the zoning
requirements without easements or variances.
[Added 6-30-2004 by L.L. No. 2-2004]
CONDITIONAL FINAL APPROVAL
The approval of a final plat subject to conditions set forth
by the Planning Board in its resolution conditionally approving the
plat. Conditional final 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 from conditional final approval to satisfy the requirements
upon which the approval has been conditioned. 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.
CONSTRUCTION DETAILS PLAN
The working drawings and specifications for public improvements
and utilities involved in the plan of subdivision.
DESIGN PROFESSIONAL
Architect, landscape architect, professional engineer or
other person licensed by the State of New York. The design professional's
responsibility and scope of practice shall be as defined by state
law.
DRAINAGE FACILITY
Any structure, component, element or appurtenance that constitutes
part of a system for collecting and disposing of surface or subsurface
water, including ditches, swales, gullies or other depressions in
the earth, whether or not man-made.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
FINAL PLAT
A drawing in final form, prepared in the manner prescribed
by this chapter, showing a proposed subdivision, containing such detail
as is required herein.
FINAL PLAT APPROVAL
The signing of a final plat by a duly authorized officer
of the 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.
LAND DEVELOPMENT PLAN
A design document providing a composite diagram of the land
characteristics and special features over which a site plan for residences
or development can be formulated. The land development plan becomes
a design element for the future use of land when filed with the final
subdivision plat.
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 otherwise desired effect: turf, meadow, rocks,
watercourses or water bodies, trees, shrubs, flowers, walls, berms,
swales, lanes, paths and other similar natural and man-made elements
or forms.
LOT
A parcel or portion of land legally separated from other
parcels or portions, for purposes 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.
MASTER PLAN
The Comprehensive Development Plan of the Town of Hamptonburgh
as adopted by the Town Board pursuant to the applicable provisions
of the New York State Town Law.
OFFICIAL MASTER PLAN MAP
The map established by the Town Board pursuant to the applicable
provisions of the New York State Town Law, showing streets, highways
and parks and drainage, both existing and proposed.
OFFICIAL SUBMITTAL DATE
The date on which a subdivision is considered officially
submitted to the Planning Board and hereby defined as the date the
Planning Board receives the formal subdivision plat in proper form.
PARENT PARCEL
Any parcel of land separated in ownership from any adjoining tracts of land on the effective date of the Town Zoning Law (Chapter
150, Zoning, herein) which has a total area which exceeds the minimum requirements of Chapter
150, Zoning, and for which there exists a legal possibility of subdivision or resubdivision.
PERFORMANCE BOND
A security which may be accepted by the town 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. Securities
shall include such collateral or agreements as are acceptable to the
Town Board.
PLANNING BOARD SECRETARY
The individual who is duly appointed to act as the Secretary
to the Planning Board. For purposes of reference to the New York State
Town Law, the terms "Secretary to the Planning Board" and "Clerk to
the Planning Board" shall be interchangeable and shall have the same
meaning.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by this chapter or by Chapter
150, Zoning, 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 limited 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 this chapter or Chapter
150, Zoning, may require.
PRELIMINARY PLAT APPROVAL
The approval by the Planning Board of the layout of a proposed
subdivision as set forth in a preliminary plat, but subject to approval
of the plat in final form in accordance with these subdivision regulations.
RESERVE STRIP
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.
RESUBDIVISION
A change of an approved or recorded subdivision plat if such
change affects any street layout shown on such plat or affects an
area reserved thereon for public use or any change of a lot line or
it if affects any map or plan legally recorded.
SITE
The total contiguous land of any owner, whether part or all
of such owner's land is submitted for plat approval.
STANDARD SCHEDULE OF FEES
The Standard Schedule of Fees of the Town of Hamptonburgh
as may be adopted and amended from time to time by the Town Board.
STREET
A way for vehicular traffic, whether designated as a street,
highway, parkway, throughway, 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, COLLECTOR OR ARTERIAL
Those streets which carry traffic from minor streets to the
system of parkways and highways, including the principal entrance
streets of large residential developments.
STREET, LOCAL
A street intended to serve primarily as an access to abutting
properties.
STREET, MARGINAL
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.
STREET or CAPACITY PARKWAY
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-generating areas.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET RIGHT-OF-WAY
The full width of a street as shown on the Official Map,
whether acquired through dedication or by use or to be acquired in
the future. 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.
STREET SPECIFICATIONS
The minimum acceptable standards of street construction for
proposed town road within subdivisions of the Town of Hamptonburgh.
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, partnership or association
who shall make application to lay out any subdivision or part thereof
as defined herein, either for himself or others.
SUBDIVISION
The division of any parcel of land or structure 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 are 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.
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 town 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 town 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, the Official Map, Chapter
150, Zoning, or this chapter.
SURVEYOR, LAND
A person licensed as a land surveyor by the State of New
York.
TAX MAP PARCEL
The record of the owner and description of the parcel held
on record in the Orange County Department of Real Property Tax Service.
TOWN ATTORNEY
The duly designated attorney of the Town of Hamptonburgh.
TOWN ENGINEER
The duly designated licensed engineer of the Town of Hamptonburgh.
UNIT
A parcel of land or structure divided into two or more distinct
portions that will not be owned in fee simple.
WALKWAY
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.
ZONING LAW
The Zoning Local Law of the Town of Hamptonburgh, contained in Chapter
150 of this Code.