These regulations shall be known and may be
cited as "The Subdivision Regulations of the Town of Phelps."
Pursuant to Article 16, § 276, of
the Town Law, the Town Planning Board is hereby authorized and empowered
to approve plats showing lots, blocks or sites, with or without streets
or highways, within that part of the Town of Phelps outside the limits
of any incorporated village.
A.
Compliance with chapter. No subdivision of any lot,
tract or parcel of land shall be effected and no street, sanitary
sewer, storm sewer, water main or other facilities in connection therewith
shall be laid out, constructed, opened or dedicated for public use
and travel, or the common use of occupants of buildings abutting thereon,
except in strict accordance with the provisions of this chapter.
B.
Submission of plans to Town Planning Board. All plans
for subdivisions shall be submitted to the Town Planning Board and
approved by it before they shall be recorded.
C.
Scope. The provisions contained herein shall apply
to all land within the limits of the Town of Phelps outside the limits
of any incorporated village.
This chapter has been adopted in order to create
conditions favorable to the health, safety, morals and general welfare
of the citizens of the Town of Phelps through the provisions of regulations
that will ensure the harmonious development of the community.
A.
General terms. As used in these regulations, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The word "building" includes a structure and shall be construed as if followed by the phrase "or part thereof." The word "street" includes avenue, boulevard, court, expressway, highway, land, arterial and road. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring and stream. The word "may" is permissive; the words "shall" and "will" are mandatory, subject, however, to the provisions of § 123-14 hereof.
B.
ALLEY
BLOCK
BOARD
BOARD ENGINEER
CLEAR SIGHT TRIANGLE
CUL-DE-SAC
DEDICATION
EASEMENT
HALF OR PARTIAL STREET
INTERIOR WALK
LOT
PAVEMENT
PLAN, FINAL
PLAN, PRELIMINARY
PLAN, SKETCH
REVERSE FRONTAGE LOT
RIGHT-OF-WAY
SETBACK OR BUILDING LINE
SIGHT DISTANCE
STREET
(1)
(2)
(3)
(4)
STREET, PUBLIC
SUBDIVIDER
SUBDIVISION
TOWN BOARD
YARD
(1)
(2)
(3)
Specific terms. As used in this chapter, unless the
context or subject matter otherwise requires, the following terms
shall be defined as follows:
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
An area bounded by streets.
The Planning Board of the Town of Phelps.
The Town Engineer or other qualified person designated by
the Planning Board to perform all administrative and/or supervisory
duties required of the Board Engineer by the provisions of these regulations.
An unobstructed vision at street intersections defined by
lines of sight between points at a given distance from the intersection
of street right-of-way lines.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
such as are compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted.
A right-of-way granted for limited use of private land for
a public or quasi-public purpose.
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than normally required for satisfactory
improvement and use of the street.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
A tract or parcel of land intended for transfer of ownership,
use or improvement.
That portion of a street or alley intended for vehicular
movement.
A complete and exact subdivision plan, prepared for official
recording as required by statute, to define property rights and proposed
streets and other improvements.
A tentative subdivision plan in lesser detail than a final
plan, showing approximate proposed streets and lot layout as a basis
for consideration prior to preparation of a final plan.
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed subdivision.
A lot extending between and having frontage on a major traffic
street and a minor street, and with vehicular access solely from the
latter.
Land reserved for use as a street, alley or interior walk
or for another public purpose.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation. Classes
of streets are as follows:
MAJOR TRAFFIC STREETSThose serving large volumes of comparatively high-speed and long-distance traffic, and includes facilities classified as "main" and "secondary" highways by the New York State Department of Public Works, and includes streets classified as "highways" in the Traffic Plan adopted by the Planning Board.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets, and includes streets classified as "collector" streets in the Traffic Plan adopted by the Board.
MINOR STREETSThose used primarily to provide access to abutting property.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
A street dedicated to public use.
The owner, or authorized agent of the owner, of a subdivision.
The division of any parcel of land into two or more lots,
plots, sites or other divisions of land for immediate or future sales
or for building development, with or without streets or highways.
The Town Board of the Town of Phelps.
An open space as may be required by this chapter of uniform
width or depth on the same lot with a building or group of buildings
in which open space lies between the principal building or group of
buildings and the nearest lot line and which is unoccupied and unobstructed
from the ground upward.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
