For the purpose of these regulations, certain words and terms used herein are defined below or in Chapter
250, Zoning and Planned Unit Development, of the Code of the Town of Thompson:
COMPREHENSIVE PLAN
A Comprehensive Plan, adopted by the Planning Board pursuant
to § 272-a of the Town Law or by the Town Board pursuant
to local law, which indicates the general locations recommended for
various functional classes of public works, places and structures
and for general physical development of the Town and includes any
unit or part of such plan separately prepared and any amendment to
such plan or parts therein.
[Amended 10-21-2003 by L.L. No. 7-2003]
CONDITIONAL APPROVAL
The approval of a final plat subject to conditions set forth
by the Planning Board in its resolution conditionally approving the
plat. Conditional 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 to satisfy the requirements upon which the approval has been
conditioned and obtain the certification of the officer of the Planning
Board. This period may be extended by the Planning Board if, in its
opinion, the circumstances warrant this extension 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
An architect, landscape architect, 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 as defined by the State Education Law.
[Amended 10-21-2003 by L.L. No. 7-2003]
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of said owner's
property.
FINAL PLAT APPROVAL
Approval of a plat in final form is 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 have been
completed.
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,
water courses or 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 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. Two or more nonconforming contiguous lots under the
same ownership shall be considered as one lot whether or not this
combination creates a conforming lot.
OFFICIAL MAP
The map which the Town Board may establish pursuant to § 270
of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
OFFICIAL SUBMITTAL DATE
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 276 of the Town Law, and hereby defined as the date the Planning Board receives the complete formal subdivision plat in proper form along with applications and fees as provided for in Article
III of these regulations.
PARENT PARCEL
Any parcel of land owned individually and separated in ownership from any adjoining tracts of land on, and three years prior to, the effective date of these regulations which has a total area which exceeds the minimum requirements of Chapter
250, Zoning and Planned Unit Development, and for which there exists the legal possibility of subdivision or resubdivision.
PERFORMANCE SECURITY
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 recommended by the Town Engineer and approved
by the Town Board. Security may consist of collateral or agreements
acceptable to the Town Board, an irrevocable letter of credit issued
by an acceptable bank or a performance bond issued by an acceptable
surety company, all to run for a term not to exceed three years; provided,
however, that the term may be extended and amount modified to reflect
current costs by the Town Board with the consent of the parties thereto.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by local regulations,
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 restricted
to road and lot layout and approximate dimensions, key plan, topography
and drainage and all proposed facilities, including preliminary plans
and profiles at suitable scale and in such detail as local regulation
may require.
PRELIMINARY PLAT APPROVAL
Approval by the Town Planning Board of a preliminary plat is the approval 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 the provisions of Article
III, §
255-10C.
RESERVE STRIP
A privately owned strip of land of less depth 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
Any change of an approved or recorded subdivision plat if
such change affects any street layout shown on such plat or area reserved
thereon for public use or any change of a lot line or if it affects
any map or plan legally recorded.
ROAD SPECIFICATIONS
The minimum acceptable standards of street construction for
proposed private or Town roads within subdivisions, as required by
this chapter and other applicable statutes.
SITE
The total contiguous land of any owner, not just the part
of the owner's land submitted for plat approval.
SKETCH OR CONCEPT PLAN
A first draft of a proposed subdivision showing the information specified in Article
III, §
255-10, of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
STREET
A way for vehicular traffic, whether designated as a street,
highway, parkway, thruway, 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 areas within such street lines.
STREET, COLLECTOR
Those streets which carry traffic from minor streets to the
major system of arterial streets and highways, including the principal
entrance streets of large residential developments.
STREET, MAJOR OR ARTERIAL
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for such traffic
between communities and/or between communities and other heavy traffic
generating areas.
STREET, MARGINAL OR SERVICE
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 PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET RIGHT-OF-WAY
The full width of a publicly or privately maintained traveled
way as indicated by dedication or by deed of record.
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 the right-of-way, measured at right angles to
the center line of the street.
SUBDIVIDER
Any person responsible for surety of improvements who shall
make application to lay out any subdivision or part thereof as defined
herein, either for himself or others.
[Amended 10-21-2003 by L.L. No. 7-2003]
SUBDIVISION
The division of any parcel of land or structure into two
or more lots, blocks, sites or units, with or without streets or highways.
Such divisions shall include resubdivision of parcels of land for
which an approved plat has already been filed in the office of the
Sullivan County Clerk and which is entirely or partially undeveloped
or any division of a parcel of land requiring a new public street
or public street extension. 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.
SUBDIVISION, MAJOR
A.
Any subdivision not classified as a "minor subdivision,"
including but not limited to subdivisions of five or more lots or
any size subdivision requiring any new street or extension of Town
facilities; or
B.
Any subdivision of a parcel of land within three
years of final approval of a previous subdivision of all or a portion
of the same parcel. Application for a further subdivision of any portion
of a minor subdivision within a period of three years from the approval
date of the original subdivision shall constitute application for
a major subdivision, regardless of ownership of any portion of the
minor subdivision.
SUBDIVISION, MINOR
Any subdivision containing not more than four lots fronting
on an existing street, not involving the extension of municipal facilities
and not adversely affecting the development of the remainder of the
parcel or property and not in conflict with any provisions or portion
of the Comprehensive Plan, Zoning Law or these regulations or of other
pertinent government laws, rules or regulations.
SUBDIVISION PLAT or FINAL PLAT
A drawing in final form, prepared in a manner prescribed
by local regulation, showing a proposed minor or major subdivision,
containing in such additional detail as shall be provided by local
regulation (or any other applicable state or local law, ordinance,
rule, regulation or resolution) all information required to appear
on a preliminary plat and the modifications, if any, required by the
Planning Board at the time of preliminary plat approval of such proposed
subdivision if such preliminary plat approval has been granted.
SURVEYOR, LAND
A person licensed as a land surveyor by the State of New
York.
TAX RECORDS
Information as to the owner of and description of a parcel
of land on file in the office of the Tax Assessor, Town of Thompson.
TOWN ENGINEER
The duly designated licensed professional engineer of the
Town.
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 Law of the Town of Thompson, Chapter
250, Zoning and Planned Unit Development, of the Code of the Town of Thompson.