A.
Words and terms not specifically defined herein shall
have the definition provided, if any, in the State Building Code,
as amended from time to time. If no definition is provided in the
State Building Code, then such word or term shall have the definition
provided in the Merriam-Webster's Collegiate Dictionary, 11th or most
current edition. A copy of the State Building Code is available for
inspection in the office of the Building Inspector of the Town of
Hyde Park.
B.
All words used in the present tense include the future
tense. All words in plural number include the singular, unless the
natural construction of the wording indicates otherwise. The terms
"building" and "structure" include any part thereof. The word "land"
includes all ground within the Town of Hyde Park, including surface
water bodies overlying such ground. The word "he" includes "she" or
"they." Unless otherwise specified, all distances shall be measured
horizontally.
C.
The word "shall" is used in its mandatory sense. The
word "may" is permissive.
D.
The word "Town" means the Town of Hyde Park. The term
"Town Board" means the Town Board of the Town of Hyde Park; the term
"Zoning Board of Appeals" means the Zoning Board of Appeals of the
Town of Hyde Park; and the term "Planning Board" means the Planning
Board of the Town of Hyde Park.
For the purpose of this chapter, certain words
and terms used herein are defined as follows:
The following zoning districts are recognized as business
districts: East Park Business District, Town Center Historic District[1] and Neighborhood Business District.
An application which includes the following:
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).
The 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.
A 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.
A 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.
The 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 Town district located on the west side of Route 9 as shown
on the Zoning Map.[2]
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.
A draft environmental impact statement prepared in accordance
with the requirements of SEQRA.
The relative compactness or closeness of a use of land expressed
in dwelling units per acre (DU/A).
An 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.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family.
An environmental assessment form prepared pursuant to the
requirements of SEQRA.
Authorization by a property owner for the use by another
of any designated and mapped part of his property for a specified
purpose.
A Town district oriented towards Route 9G as shown on the
map.
An environmental impact statement prepared in accordance
with the requirements of SEQRA.
A person licensed and currently registered as a professional
engineer by the State of New York or licensed in a state with a reciprocal
agreement with New York State.
A 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.
One or more persons residing in a dwelling unit as a household
constituting a single housekeeping unit.
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 Dutchess County Clerk.
A 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.
A 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.
A zoning district comprising a community with a mixed-use
core, the boundaries of which are identified on the Town Zoning Map.[3]
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.
The earth or ground within the Town of Hyde Park, including
surface water bodies overlying such earth or ground.
A 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.
Features 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.
A 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.
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.
The total horizontal area included within lot boundaries.
A lot of which at least two adjacent sides each abut for
a total distance of 50 feet or more on streets or public places.
One of the property lines that establish the metes and bounds
of a lot.
A 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.
Any 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.
The Neighborhood Business Districts are located on state
roads. There boundaries are located on the Town Zoning Map.[4]
A 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.
The Official Compilation of the Codes, Rules and Regulations
of the State of New York.
A 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.
Land 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.
A circumscribed area of land identified by a unique Tax Map
identification number consisting of a section, map and lot number.
Any 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.[5]
A 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.
Approval by the Planning Board of a preliminary plat.
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.
The 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.
The 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.
A 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.
A street or portion of a street with only one vehicular traffic
outlet.
A 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.
A street intended to serve primarily as an access to abutting
properties.
The 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.
A street which is adjacent and parallel to an arterial street
or highway and which provides access to abutting properties and protection
from through traffic.
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.
A 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.
Any 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.
The division of any parcel into two or more lots, with or
without streets, for the purpose of sale, lease, transfer of ownership
or development.
See “major subdivision.”
See “minor subdivision.”
A drawing in final form as approved by the Planning Board
for a major or minor subdivision.
A person licensed and registered as a land surveyor by the
State of New York.
Information 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.
A zoning district located along NYS Route 9 which encompasses
what is traditionally known as the historic hamlet area of Hyde Park.[6]
The duly designated Engineer for the Town of Hyde Park.
A component of a transportation corridor intended for the
travel of persons by foot, wheelchair or manually operated device.
A 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.
The Zoning Law of the Town of Hyde Park, Chapter 108 of the Code of the Town of Hyde Park.
[1]
Editor's Note: The Town Center Historic District was renamed the Corridor Business District 10-5-2020 by L.L. No. 1-2020. For current provisions on the Corridor Business District, see § 108-5.11.3.
[6]
Editor's Note: The Town Center Historic District was renamed the Corridor Business District 10-5-2020 by L.L. No. 1-2020. For current provisions on the Corridor Business District, see § 108-5.11.3.
