For the purpose of this chapter, certain words and terms used herein are defined as follows:
BUSINESS DISTRICTThe following zoning districts are recognized as business districts: East Park Business District, Town Center Historic District and Neighborhood Business District.
COMPLETE APPLICATIONA. An application which includes the following:
(1) All information concerning the proposed subdivision in the format required by the applicable provisions of this chapter;
All application fees required by this chapter and the professional review fee escrow deposit, if any, required by the Planning Board;
An EAF assessing the potential environmental impacts of the proposed subdivision; and
A determination by the reviewing agency, or by the lead agency in the event of coordinated review, that the proposed project is not likely to have a significant impact on the environment (negative declaration), or the filing of a notice of completion of a DEIS in accordance with the provisions of SEQRA.
An application is considered "administratively complete" for processing by the Zoning Administrator when it includes items in Subsection A(1) through (3) above, but not Subsection A(4).
COMPREHENSIVE PLANThe most recent Comprehensive Plan adopted by the Town Board pursuant to §
272-a of the Town Law.
The approval of a final plat, subject to conditions set forth by the Planning Board in its resolution conditionally approving the plat. A conditional approval does not qualify the final plat for recording. From the time of the resolution conditionally approving the plat, the subdivider has 180 days to satisfy the requirements upon which the approval has been conditioned and to obtain the certification of the Town Engineer, Town Attorney if required, and the Zoning Administrator or secretary of the Planning Board, prior to final signature by an officer of the Planning Board who has been authorized by resolution to sign the plat. The one-hundred-eighty-day period may be extended by the Planning Board if, in its opinion, the circumstances warrant an extension for up to two ninety-day periods beyond the initial 180 days. If the time periods for resolving the conditions expire, the conditional approval is revoked and a new application must be filed if the project is still to be proposed.
CONSERVATION EASEMENTA perpetual restriction on the use of land, created in accordance with the provisions of § 49, Title 3, of the
Environmental Conservation Law, or §
247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land or natural, cultural, historic or scenic resources.
The open space protected pursuant to these regulations should be selected to maximize conservation value, which may include historic, ecological, agricultural, water resource, scenic or other natural resource value, and should be contiguous, to the extent possible. Examples of lands with conservation value include active agricultural land, large areas of contiguous mature forest, wetlands, water bodies, stream corridors, and scenic areas including important vistas or viewsheds seen from public places. Land in a critical environmental area, in the Historic Overlay or Scenic Overlay District, or identified as open space worthy of preservation in the Comprehensive Plan shall be deemed to be land of conservation value.
CONTEXT MAPA map showing the location of natural features, historic resources and development patterns within 1,000 feet for a minor subdivision, and 2,500 feet for a major subdivision, of the lot or lots proposed for subdivision.
COREThe central area of a neighborhood or hamlet, where a mixture of appropriate residential and nonresidential uses is permitted, the boundaries of which are set forth on the Town Zoning Map. See §
108-3.1.1.
A specific geographic area designated pursuant to 6 NYCRR §
617.14(g) by a state or local agency, having exceptional or unique environmental characteristics.
The New York State Department of Environmental Conservation.
DEISA draft environmental impact statement prepared in accordance with the requirements of SEQRA.
DENSITYThe relative compactness or closeness of a use of land expressed in dwelling units per acre (DU/A).
DESIGN PROFESSIONALAn architect, landscape architect, surveyor, 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 defined by state law.
DWELLING UNITOne or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
EAFAn environmental assessment form prepared pursuant to the requirements of SEQRA.
EASEMENTAuthorization by a property owner for the use by another of any designated and mapped part of his property for a specified purpose.
EISAn environmental impact statement prepared in accordance with the requirements of SEQRA.
EXISTING RESOURCES/SITE ANALYSIS MAPA map documenting the location of existing natural and cultural site resources within the portion of a lot to be subdivided and within 200 feet thereof.
FAMILYOne or more persons residing in a dwelling unit as a household constituting a single housekeeping unit.
FINAL PLAT APPROVALThe 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 Dutchess County Clerk.
FLAG LOTA lot with a developable area connected to a public road by a narrow strip of land that includes a driveway or a landlocked lot that is connected to a public road only by a narrow right-of-way easement.
GREENBELTA zoning district including all the land in the Town east of the center line of U.S. Route 9, outside the Hamlet, Neighborhood, and Business Districts.
HAMLETA zoning district comprising a community with a mixed-use core, the boundaries of which are identified on the Town Zoning Map.
HOMEOWNERS' ASSOCIATION (HOA)An organization of homeowners residing within a particular development whose major purpose is to preserve, maintain, and provide community areas, facilities and services for the common enjoyment or support of the residents.
LANDThe earth or ground within the Town of Hyde Park, including surface water bodies overlying such earth or ground.
LANDINGA zoning district constituting a mixed-use center bordered by the Waterfront District, providing for the water-dependent or water-enhanced needs of the region, the boundaries of which are located on the Town Zoning Map.
LANDSCAPINGFeatures having to do with the appearance of land, which include but are not limited to the following existing and cultivated elements arranged to produce an ornamental or otherwise desired effect: turf, meadows, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths and other similar natural and man-made elements and forms.
LETTER OF CREDITA security which may be accepted by the Town in lieu of a requirement that certain improvements be made before the Planning Board Chairman signs the subdivision plat. Such security shall be sufficient to cover the full cost of all uncompleted improvements in the subdivision as estimated by the Town Engineer and approved by the Planning Board or agency designated by the Town Board. Securities shall include such collateral or agreements as are acceptable to the Town Board.
LOTA 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.
LOT AREAThe total horizontal area included within lot boundaries.
LOT, CORNERA lot of which at least two adjacent sides each abut for a total distance of 50 feet or more on streets or public places.
LOT LINEOne of the property lines that establish the metes and bounds of a lot.
LOT LINE ALTERATIONA minor subdivision between two lots or parcels requiring filing of a map and resulting in a modification of the boundary of an existing legally established lot. Such alteration shall not create any new lot, nor shall it create any nonconformity with regard to any area or bulk requirement established by Chapter
108 of this Code, the rules of the Dutchess County Department of Health, the State Building Code, or any other law, rule or regulation.
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of more than five lots or any size subdivision requiring any new street or extension of municipal facilities.
MINOR SUBDIVISIONAny subdivision containing not more than five lots, each fronting on an existing street, not involving any new street or road (except a shared driveway), whether intended to be public or private, or the extension of Town facilities and not adversely affecting the development of the remainder of the parcel of adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, or this chapter or Chapter
108.
A zoning district constituting a community that may have a mixed-use core, the boundaries of which are located on the Town Zoning Map.
NONCONFORMING LOTA lot of record which does not comply with the area, shape, frontage, or location provisions of this chapter for the district in which it is located.
NYCRRThe Official Compilation of the Codes, Rules and Regulations of the State of New York.
OFFICIAL MAPA map established by the Town Board pursuant to §
270 of the Town Law, showing streets, highways, parks and drainage, both existing and proposed.
The date on which a subdivision plat is considered officially submitted to the Planning Board, hereby defined as the date of the regular meeting of the Planning Board, at least 15 days prior to which the application for plat approval has been submitted to and filed with the Secretary of the Planning Board.
OPEN SPACELand left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure. Preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. The required open space land may not include private yards within 50 feet of a principal structure.
PARCELA circumscribed area of land identified by a unique Tax Map identification number consisting of a section, map and lot number.
PARENT PARCELAny parcel of land owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter which has a total area which exceeds the minimum requirements for lot size of Chapter
108, Zoning, and for which there exists the legal possibility of subdivision, resubdivision, and/or a PUD.
The Planning Board of the Town of Hyde Park as defined in the Town Law.
PRELIMINARY PLATA drawing prepared in a manner prescribed by §
96-20A of this chapter, 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 such detail as this chapter may require.
A change of an approved or recorded subdivision plat if such change affects any lot line, or any street layout shown on such plat or any area reserved thereon for public use, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
ROAD SPECIFICATIONSThe minimum acceptable standards of street construction for proposed Town roads within subdivisions, as adopted in Appendix Chapter
A111 of this Code.
The State Environmental Quality Review Act, Article
8 of the Environmental Conservation Law, as amended from time to time.
The total contiguous land of any owner, including a lot or multiple lots, on which a use or physical improvements related thereto is, has been or is to be located.
SKETCH PLANThe first draft of a proposed subdivision, resubdivision or lot line alteration as prescribed by §
96-18A showing the information specified in this chapter and submitted to the Planning Board for its approval. The process is designed to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the layout of the proposed activity.
Any public route or public road for vehicular traffic, whether designated as a street, lane, road, highway, parkway, avenue, boulevard, place, drive, throughway, thruway, expressway, or however else designated. The term "street" shall not include a driveway, a shared driveway, alley or alleyway, a waterway or a trail, but shall include any other improved vehicular route shown on a map filed with the Dutchess County Clerk or the Town Zoning Map. The term "street" shall include the land between the street right-of-way lines and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within the street lines.
STREET, COLLECTORA street which carries traffic from minor streets or abutting properties to the major system of arterial streets and which is so designated on the Town's Official Map, if any. Such a street shall be the principal entrance and circulation street within a development.
STREET, MAJOR OR ARTERIALA street which serves or is designated 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 RIGHT-OF-WAYThe full width of a publicly maintained traveled way, whether acquired through dedication or by use. It may include pavement, shoulders, ditches or gutters, culverts or sluice ways. 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, SERVICEA street which is adjacent and parallel to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
STREET TAP or STUB STREETA street designed to provide a connection to possible future development outside the subdivision so that continuity of traffic circulation can be maintained.
STREET WIDTHThe width of the right-of-way, measured at right angles to the center line of the street.
STRUCTUREA static assembly of materials, forming a construction framed of component structural parts for occupancy or use, such as a building, vending machine, dam, display stand, gasoline pump, installed manufactured home or trailer, reviewing stand, shed, sign, stadium, storage bin, fence or wall.
SUBDIVIDERAny person, firm, corporation, partnership or association who or which shall lay out any subdivision or part thereof as defined herein, either for himself/itself or others.
SUBDIVISIONThe division of any parcel into two or more lots, with or without streets, for the purpose of sale, lease, transfer of ownership or development.
SURVEYORA person licensed and registered as a land surveyor by the State of New York.
TAX RECORDSInformation as to the owner of and description of a parcel of land on file in the office of the Tax Assessor, Town of Hyde Park, on the enactment date of this chapter.
TOWN ENGINEERThe duly designated Engineer for the Town of Hyde Park.
WALKWAYA component of a transportation corridor intended for the travel of persons by foot, wheelchair or manually operated device.
WATERFRONTA zoning district including all the land in the Town west of the center line of U.S. Route 9, outside the CIAN, Landing, Hamlet, Neighborhood, and Business Districts.
ZONING LAWThe Zoning Law of the Town of Hyde Park, Chapter
108 of the Code of the Town of Hyde Park.
The official Zoning Map of the Town established under §
108-3.2, entitled "Zoning Map, Town of Hyde Park, New York," as may be amended, which map accompanies this text. The official Zoning Map is available for inspection in the Office of the Town Clerk. See §
108-3.2.