For the purpose of these regulations, certain words and
terms used herein are defined as follows:
AREA REGULATIONS
The regulation of building size, setbacks or yards, parking and loading
requirements, and similar regulations which are not related to a specific
land use, but excluding performance standards.
ARTERIAL ROAD
A street or road designated by the Town for the high speed movement
of large volumes of traffic.
BASEMENT
That space of a building that is partly below grade which has more
than half of its height, measured from floor to ceiling, above the average
established curb level or finished grade of the ground adjoining the building.
BUILDING
Any structure covered by a roof supported by columns or by walls
and intended for shelter, housing or enclosure of persons, animals or chattels.
CENTRAL PRIVATE UTILITY
A sewage or water system which serves a subdivision and which is
paid for without public funds or special district administration or funding.
CLERK, TOWN
The duly elected or appointed Town Clerk of the Town of Maine.
CLUSTER DEVELOPMENT
A planned development in which lots are plotted with less than the
minimum lot size and dimension requirements but which have access to common
open space which is a part of the overall development plan approved by the
Planning Board.
COLLECTOR ROAD, MAJOR
A road or street designated by the Town for the movement of traffic
between arterial roads and local roads as well as for serving adjacent land
uses.
COLLECTOR ROAD, MINOR
A road or street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a major road or street.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, designed and intended for the private or public use or
enjoyment of the space. Common open space may contain such complementary structures
and improvements as are necessary and appropriate for the benefit and enjoyment
of the space.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not limited
to maps, charts, studies, resolutions, reports and other descriptive materials
that identify the goals, objectives, principles, guidelines, policies, standards,
devices and instruments for the immediate and long-range protection, enhancement,
growth and development of the Town.
CONDITIONAL APPROVAL OF A FINAL PLAT
The approval by the Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving such
plat. Such conditional approval does not qualify a final plat for recording
nor authorize issuance of any building permits prior to the signing of the
plat by a duly authorized officer of the Planning Board and recording of the
plat in the office of the Broome County Clerk in accordance with the provisions
of § 276 of The Town Law.
CUL-DE-SAC
A designed turnaround area for vehicles at the dead end of a street.
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 prepared in a manner prescribed by these subdivision regulations
that shows a proposed subdivision, containing in such additional detail as
shall be provided by these subdivision regulations all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat if such
preliminary plat has been so approved.
FINAL PLAT APPROVAL
The signing of a plat in final form by a duly authorized officer
of the Planning Board pursuant to a Planning Board 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 Broome County Clerk.
LANDSCAPING
The act of changing or enhancing the natural features of a plot of
ground (usually around a building) so as to make it more attractive, as by
adding lawns, trees, bushes, etc. and other related improvements.
LOCAL ROADS
The remaining roads or streets (other than arterial roads, major
collector roads, and minor collector roads) in the Town are designated "local
roads." Their only function is to provide access between adjoining land uses
and collector or arterial roads.
LOT
A parcel of land occupied or capable of being occupied by a building
or buildings and for accessory buildings and/or uses, including such open
spaces as are required by the Town of Maine Zoning Ordinance or these subdivision regulations.
LOT, CORNER
A lot situated at the intersection of two or more streets and highways.
LOT, DEPTH
The mean horizontal distance between the front and rear lot lines,
measured in the general direction of the side lot lines.
LOT, WIDTH
The mean width of the lot measured at right angles to its depth.
MAJOR SUBDIVISION
The division of a single tract or parcel of land into five or more
lots in such a way that it requires the construction of a new street, the
expansion of an existing street, the extension of a public utility, or which
involves the creation of 13 or more lots.
MINOR SUBDIVISION
The division of a single tract or parcel of land into at least five
but not more than 12 lots in such a way that it does not require the construction
of a new street, the expansion of an existing street, or the extension of
a public utility.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the placement
of two or more mobile homes which are used as dwellings and for occupancy
for more than 90 consecutive days.
OFFICIAL MAP
The map established by the Town Board pursuant to §§ 270
and 273 of the Town Law, showing streets, highways and parks theretofor laid
out, and drainage systems, both existing and proposed.
PERFORMANCE BOND
A written agreement issued by a qualified bonding company which guarantees
either the performance of a certain agreed-upon activity or an equivalent
consideration if the activity is not completed as required.
PLAT
A plan for developing a piece of undeveloped property in accordance
with these subdivision regulations.
PLAT, FINAL or SUBDIVISION PLAT
A drawing prepared in a manner described by these subdivision regulations
that shows a proposed subdivision, containing in such additional detail as
shall be provided by these subdivision regulations all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat if such
preliminary plat has been so approved.
PRELIMINARY LAYOUT
The preliminary drawings and accompanying information of the subdivider's
plan of subdivision.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by these subdivision regulations,
showing the layout of the proposed subdivision, including, but not restricted
to, road and lot layout and approximate dimensions, key map, topography and
drainage, all proposed facilities unsized, including preliminary plans and
profiles, at suitable scale and in such detail as these subdivision regulations
may require. Such preliminary plat shall be clearly marked "preliminary plat,"
shall contain sufficient detail to apprise the Planning Board of the layout
of the proposed subdivision, and shall be submitted to the Planning Board
for approval prior to the submission of the plat in final form
PRELIMINARY PLAT APPROVAL BY THE PLANNING BOARD
The approval of the layout of proposed subdivision as set forth in
a preliminary plat, but subject to approval of the plat in final form in accordance
with the provisions of § 276 of the Town Law.
RESIDENTIAL LOT or RESIDENTIAL BUILDING PLOT
Any parcel of land of five acres or less in size, any point on the
boundary line of which is less than 1/2 mile from any point on the boundary
line of another such lot in the same tract, unless any such lot may not legally
be used for residential purposes. Without limiting the generality of the foregoing,
the term "residential" shall include temporary, seasonal and permanent residential
use.
ROAD STANDARDS RESOLUTION
A resolution entitled " A Resolution Establishing Standards and Requirements
for Certain Construction Within the Town" approved by the Town Board of the
Town of Maine that contains the standards for all roads and subdivisions in
the Town.
SECRETARY OF THE PLANNING BOARD
That person who shall be designated to perform the duties of the
Secretary of the Planning Board for all purposes of these subdivision regulations.
SEWAGE
Any substance, solid or liquid, that contains any of the waste products,
excretions or excrementitious or other wastes or washings from the bodies
of human beings or animals.
SKETCH PLAN
A rendering, drawing or sketch prepared to scale and containing necessary
elements, as set forth in these subdivision regulations, showing the arrangement,
layout, design and objectives of the proposed subdivision. The sketch plan
shall be drawn on a topography survey and shall show, in general form, the
proposed layout of streets and their relationship to existing traffic arteries
and other facilities which will serve or influence the proposed subdivision.
STREET
Any public way dedicated to public vehicular travel. "Street" shall
be taken as synonymous with "road" or "highway."
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH
The width of the right-of-way, measured at right angles to the center
line of the street.
SUBDIVIDER
Any person, firm, corporation, partnership, association, or other
entity who shall lay out any subdivision or part thereof, as defined herein,
either for himself or others.
SUBDIVISION
The division of any tract or parcel of land into five or more lots,
blocks or sites, with or without streets or highways, for the purpose of sale,
transfer of ownership, or development. The term "subdivision" shall include
resubdivision. The term "subdivision" shall include any alteration of lot
lines or dimensions of any lots, blocks or sites shown on a plat previously
approved and filed in the office of the Broome County Clerk. The word "subdivision"
shall mean any tract or parcel of land which is divided into five or more
lots, blocks or sites after the effective date of these subdivision regulations,
along any existing or proposed street(s), highway(s), easement(s) or right(s)-of-way,
for sale or for rent as residential lots, blocks or sites, or residential
building lots, blocks or sites, regardless of whether the lots, blocks or
sites to be sold or offered for sale or leased for any period of time are
described by metes and bounds or by reference to a map or survey of the property
or by any other method of description and regardless of whether the lots,
blocks or sites are contiguous. A tract of land shall constitute a subdivision
upon the sale, rental or offer for sale or lease of the fifth residential
lot, block or site therefrom within any consecutive three-year period, and
at that time, the provisions of these subdivision regulations shall apply
to all such parcels thereof, including the first four parcels, regardless
of whether said parcels have been sold, rented or offered for sale or lease
singly or collectively.
SUBDIVISION PLAT or FINAL PLAT
A drawing prepared in a manner prescribed by these subdivision regulations
that shows a proposed subdivision, containing in such additional detail as
shall be provided by these subdivision regulations, all information required
to be shown on a preliminary plat and the modifications, if any, required
by the Planning Board at the time of approval of the preliminary plat if such
preliminary plat has been so approved.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TOWN
The Town of Maine, a New York municipal corporation located in the
County of Broome, State of New York, and having its principal office at Maine
Town Hall, 12 Lewis Street, P.O. Box 336, Maine, New York 13802.
TOWN ENGINEER
The duly designated Engineer of the Town or the Town Engineer, if
the Town Board has appointed someone to hold that office.
TRACT
Any body of land, including contiguous parcels of land, under one
ownership or under common control of any group of persons acting in concert
as part of a common scheme or plan.
ZONING ORDINANCE
The Town of Maine Zoning Ordinance duly adopted by the Town Board
of the Town of Maine on April 11, 1972, and subsequently amended.