For the purpose of these regulations, certain words and terms
used herein are defined as follows:
CLUSTER DEVELOPMENT
A subdivision plat approved pursuant to § 278 of
the Town Law where the zoning rules for minimum lot size are relaxed
and open space is provided.
COMPREHENSIVE PLAN
A comprehensive plan, adopted by the Town Board pursuant
to § 272-a of the Town Law.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family.
EASEMENT
The authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
OFFICIAL MAP
A map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed.
PARCEL, ORDINARY
A parcel that is neither a subparent parcel nor a parent
parcel.
PARCEL or LOT
An area of land that is separately described or identified
as a separate lot in a deed that is on record in the Yates County
Clerk's office.
PARCEL, PARENT
Until divided as hereafter provided, a parcel as it existed
on the effective date. Where a deed contains separately described
parcels, all contiguous parcels on the same side of a public highway
are one parent parcel.
A.
After division, the parent parcel shall be as last designated
in:
(1)
The deed of the divided parcel; or
(2)
Provided no further division has occurred;
(a)
A correction deed executed by all parties to the transaction;
or
(b)
An agreement signed and acknowledged before a notary public
by all parties to the transaction and filed with the County Clerk
in miscellaneous filings with a cross reference to the deed, or, if
such filing is no longer available in the County Clerk's office,
then with the Town Clerk.
B.
If not so designated, the parent parcel shall be the largest
of the parcels resulting from the division. If two or more parcels
have the same size and are larger than all other resulting parcels,
then the most northwesterly of such parcels shall be the parent parcel.
C.
After division of a parent parcel, each resulting parcel other
than the new parent parcel shall be a subparent parcel, unless it
is a residential lot.
PARCEL, SUBPARENT
A parcel that when divided from a parent parcel is not a
parent parcel or a residential lot. The division of a subparent parcel
shall result in one of the following:
A.
If any residential lot is created, all parcels that are not
residential lots shall be ordinary parcels; there shall be no subparent
parcel.
B.
If no residential lot is created, then the subparent parcel
shall be designated in the same manner as the parent parcel is designated
after division (i.e., by deed, agreement, or the largest of the parcels
resulting from the division). All other parcels shall be ordinary
parcels.
PLAT
A drawing showing the layout of a subdivision.
RESIDENTIAL LOT
Any parcel of land along a public or private road suitable
for residential use and having either:
B.
Between six and 10 acres and less than 300 feet of road frontage.
RESUBDIVISON
The revision of all or part of an existing plat previously
filed with the Yates County Clerk.
ROAD
Includes streets, roads, avenues, lanes, or other trafficways,
between right-of-way lines.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
(including bicycle) 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 or association,
who shall apply for "subdivision," as defined herein, either for himself
or as a duly authorized representative for others.
SUBDIVISION
A.
Except as provided below, any of the following shall constitute
a subdivision:
(1)
The division of a parent parcel to create more than three residential
lots in any consecutive ten-year period; or
(2)
The division of a subparent parcel to create more than one residential
lot; or
(3)
The division of an ordinary parcel to create one or more residential
lots; provided, however, that:
(a)
Divisions under Subsection
A(2) or
(3) herein do not constitute divisions (count against divisions allowed) under Subsection
A(1);
(b)
The creation of a residential lot that is conveyed to a contiguous
owner does not constitute a division under any of the definitions.
B.
MAJOR SUBDIVISIONAny subdivision of five or more residential lots. Major subdivision review is a two-step process involving a preliminary plat review and a final plat review.
C.
MINOR SUBDIVISIONAny subdivision not classified as a major subdivision. Minor subdivision review is a one-step process involving a final plat review.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
TOWN ENGINEER
The duly designated engineer of the Town or position assigned
with similar duties.
TOWN LAW
The Town Law of the Consolidated Laws of New York State.
TRACT
All contiguous residential lots, streets, parks and open
space resulting from subdivision.
UNDEVELOPED PLAT
Those plats existing at the time of the enactment of these
regulations that have been filed in the office of the County Clerk,
where 20% or more of the lots within the plat are unimproved.
ZAP SECRETARY
The Town of Jerusalem's secretary for Zoning, Assessment
and Planning Departments.