For the purpose of these regulations, certain words and terms used herein are defined as follows, or are defined and used as defined in Chapter 225, Zoning:
The owner of land proposed to be subdivided or any other
party in interest who shall submit the written consent of the owner.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity to development.
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit, in an amount and form
satisfactory to the Town Board. All bonds shall be approved by the
Town Board wherever a bond is required by these regulations.
Land as defined in § 184-22F(1) and (2).
[Added 7-10-1996 by L.L. No. 5-1996]
A structure built within a clustered subdivision which may
have recreational or public meeting facilities and is to be used primarily
by the residents of the clustered subdivision and their guests.
[Added 7-10-1996 by L.L. No. 5-1996]
The Comprehensive Plan adopted by the Planning Board for
the development of the entire area of the Town, pursuant to § 272-a
of the Town Law, showing the desirable streets, bridges and tunnels
and the approaches thereto, viaducts, parks, public reservations,
roadways in parks, sites for public buildings and structures, waterways
and drainage systems and such other features, existing and proposed,
as will provide for the improvement of the Town and its future growth,
protection and development and will afford adequate facilities for
the housing, transportation, distribution, comfort, convenience, public
health, safety and general welfare of the population of the Town.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision and the site-grading and erosion control plan in
accordance with the requirements of the Planning Board as a condition
of the approval of said plat.
The standards and specifications approved by the Town Board
for the construction of new subdivision roads and related improvements,
such as sewers.
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
The owner or owners of real property comprising the entire
area of a subdivision, cluster or planned unit development which is
the subject of an open space requirement.
[Added 7-10-1996 by L.L. No. 5-1996]
Authorization by a property owner for the use by another
and, for a specified purpose, of any designated part of his or her
property.
A person licensed as a professional engineer by the State
of New York.
A deposit of cash with the Town in lieu of required improvements.
Includes any street to be constructed by the developer or
any existing street in which development shall take place on both
sides.
The amount of land in a clustered subdivision before adjustments
of:
[Added 7-10-1996 by L.L. No. 5-1996]
Lands utilized by public utilities or structures
or recorded rights-of-way.
Water bodies, marsh areas, designated wetlands,
alluvial, poorly drained, very poorly drained or unstable soils and
floodplains.
Any other areas deemed unfavorable by the Planning
Board because of topographic, geologic or hydrological characteristics
and slopes in excess of 15%.
Land for public streets.
Parks and open space.
All allowable buildable lots are deducted.
A concrete boundary usually marking the edge of the roadway
or paved area which also conveys surface runoff.
[Added 7-14-1993 by L.L. No. 3-1993]
The map established by the Town Board, under § 270
of the Town Law, of that part of the Town outside the limits of any
incorporated village, showing the streets, highways and parks, and
drainage systems theretofore laid out, adopted and established by
law, and any amendments or additions thereto adopted by the Town Board
or additions thereto resulting from the approval of subdivision plats
by the Planning Board and the subsequent filing of such approved plats.
Any premises not located within the area of the property
to be subdivided, whether or not in the same ownership of the applicant
for subdivision approval.
Includes all vested or contingent interests of any person
or his or her agent, representative, successor or assignee, irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person, or his or her
child, parent, sibling or spouse of sibling, heir or next of kin or
agent, corporation, firm, entity, partnership or unincorporated association.
Ownership of property by different corporations,
firms, partnerships, entities or unincorporated associations, in which
such a person is a stockholder, partner or associate or his or her
child, parent, sibling or spouse of sibling, heir or next of kin owns
a ten-percent or greater interest in each corporation, firm, partnership,
entity or unincorporated association.
When such person or his or her estate, successors or assigns or any person or entity included in Subsections A and B herein may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of Eden, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
The Planning Board of the Town of Eden.
See definition of "subdivision plat."
The preliminary drawing or drawings, described in § 184-38, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its approval.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout shown on such map or
area reserved thereon for public use or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
Includes streets, roads, avenues, lanes or other vehicular
ways.
A road which serves or is designed to carry traffic from
local residential streets to secondary streets. The average daily
traffic (ADT) exceeds 2,500.
[Amended 7-14-1993 by L.L. No. 3-1993]
A road or a portion of a street with only one vehicular-traffic
outlet.
A road which serves or is designated to carry traffic to
an industrial complex or development.
[Amended 7-14-1993 by L.L. No. 3-1993]
A road intended to serve primarily as an access to residential
or nonresidential properties with average daily traffic (ADT) less
than 2,500.
[Amended 7-14-1993 by L.L. No. 3-1993]
The wearing or exposed surface of the roadway used by vehicular
traffic, excluding curbs or gutters.
Includes any road to which the parcel of land to be subdivided
abuts.
The distance between property lines measured at right angles
to the center line of the street.
Any immediate or future transfer of ownership, including
contract of sale or transfer, of an interest in a subdivision or part
thereof.
A vehicular way which is one of the following: an existing
Town, village, county or state highway or road; a public road shown
on a filed subdivision plat; or a road shown on the Official Map of
the Town.
Any person who:
Having an interest in land, causes it, directly
or indirectly, to be divided into a subdivision;
Directly or indirectly, sells, leases or develops
or offers to sell, lease or develop or advertises for sale, lease
or development any interest, lot, parcel site, unit or plot in a subdivision;
or
Engages directly or through an agent in the
business of selling, leasing, developing or offering for sale, lease
or development a subdivision or any interest, lot, parcel site, unit
or plot in a subdivision; and
Is directly or indirectly controlled by or under
direct or indirect common control with any of the foregoing.
The division of a lot of record into two or more parcels.
When a parcel of land is being divided into two smaller parcels and
one of the smaller parcels is to merge with another lot, it will not
be considered a subdivision for subdivision review. "Lot of record"
shall mean a parcel of land, whether improved or unimproved, as shown
on the land records as of July 12, 1995.
[Amended 8-12-1992 by L.L. No. 4-1992; 7-12-1995 by L.L. No. 4-1995]
Any person who represents or acts for or on behalf of a subdivider
or developer in selling, leasing or developing or offering to sell,
lease or develop any interest, lot, parcel, unit, site or plot in
a subdivision, except an attorney at law, whose representation of
another person consists solely of rendering legal services.
All subdivisions not classified as minor subdivisions, including
but not limited to subdivision of four or more lots, or any size subdivision
requiring any new street or extension of municipal facilities or the
creation of any public improvements.
Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of any public improvements 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, Official Map or Chapter 225, Zoning, if such exists, or these regulations.
The final map or drawing, described in § 184-40, on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be submitted to the County Clerk for recording.
A person licensed as a land surveyor by the State of New
York.
The duly designated engineer of the Town or Highway Department
or Department of Public Works of the Town, if established pursuant
to law.
The officially adopted Zoning Law of the Town, Chapter 225, Zoning, of the Code of the Town of Eden, together with any and all amendments thereto.
