As used in this chapter, the following terms shall have the meanings
indicated:
AS-BUILT SURVEY
A land survey that shows the final horizontal and vertical
field location of constructed improvements on a lot in relationship
to the approved construction plans, including any design changes and
contractor field changes. This type of survey depicts the location
of all improvements on a site including aboveground and below-ground
structures such as buildings, parking areas, utilities, storm drainage
systems, sewer disposal systems, water supply systems and any other
constructed features.
BUILDABLE AREA
The space remaining on a lot after subtracting the constrained
land area and the areas required for an approvable on-site water supply
facility and sewage treatment system, and after the minimum yard,
area and bulk requirements of this chapter or allowed under a variance
granted by the Zoning Board of Appeals have been met. The buildable
area shall be contiguous and unbroken, shall have a shape consisting
of not less than four sides in which any one side shall have a length
of not less than 50 feet.
BUILDABLE LOT
A lot having a buildable area capable of accommodating proposed principal and accessory improvements, and including, where required, an on-site water supply facility and sewage treatment system that meet the standards of the Putnam County Department of Health. A buildable lot shall also adjoin and have access to an improved street, or shall adjoin and have access to a proposed street that will be improved in accordance with the standards of Chapter
57 of the Town Code, or to an existing or a proposed private road that will be improved in accordance with the standards of Chapter
57 of the Town Code as part of the development plan for the lot.
BUILDING PERMIT
A permit issued by the Town Building Inspector pursuant to Chapter
27, as required, allowing the construction of a structure
or building in accordance with the New York State Uniform Fire Prevention
and Building Code and the New York State Energy Conservation Construction
Code, as applicable.
CERTIFICATE OF OCCUPANCY
A permit to occupy and use a building or structure issued by the Building Inspector pursuant to Chapter
27.
CLUSTER SUBDIVISION; CONSERVATION SUBDIVISION
A residential subdivision created pursuant to Town Law § 278
where the dwelling units that would result on a given parcel under
a conventional subdivision plan are allowed to be concentrated on
a smaller and more compact portion of land, and where a majority of
the remaining land is left in its natural open space condition in
perpetuity. Cluster subdivision development results in a flexibility
of design and development to promote the most appropriate use of land,
to facilitate the adequate and economical provisions of streets and
utilities, and to preserve the natural and scenic qualities of open
lands.
CONCEPTUAL PLAN
A plan, sometimes referred to as a "sketch plan," made on
a topographic survey map, showing the proposed lots of a subdivision,
resubdivision or revised lot line in relation to existing conditions
and with reference to the minimum lot and area requirements of the
zoning district in which the property is located.
CONDITIONAL APPROVAL
Approval by the Planning Board of a preliminary or a final
plat subject to such conditions as may be 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 the Chairman of the Planning Board and recording of the plat in
the office of the Putnam County Clerk as herein provided.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real
property created under the provisions of § 247 of the General
Municipal Law and/or the provisions of Article 49, §§ 49-0301
through 49-0311, of the Environmental Conservation Law, which limits
or restricts development, management or use of such real property
for the purpose of preserving or maintaining the scenic, open, historic,
archaeological, architectural or natural condition, character, significance
or amenities of the real property.
CURB
A low barrier usually along the pavement line of a street,
road or highway, controlling surface drainage and separating vehicular
areas from pedestrian and/or landscaping areas.
DRIVEWAY, COMMON
A privately owned and maintained driveway that provides direct access for not more than three single-family residential lots to a public road, and conforming to the minimum criteria specified in Chapter
57 of the Town Code, including the requirements for a driveway maintenance
agreement and a restriction of further subdivision.
DRIVEWAY, PRIVATE
A private way situated within a lot for the vehicular traffic providing access from a public or private road or street to a single-family residential lot or to a commercial premises. (See Chapter
57 of the Town Code.)
EASEMENT
A recorded acquired right of use on the property of another.
FIELD CHANGE
Changes to an approved plan after commencement of site development
work. A change made during the course of site work or construction
work wherein the change does not match that which was approved by
the Planning Board.
FINAL PLAT
A drawing prepared by a New York State licensed professional
engineer or land surveyor (with appropriate certification), in a manner
prescribed by this chapter, showing a proposed subdivision and containing,
in such additional detail as shall be provided by this chapter, all
information required to appear on a preliminary plat and the modifications,
if any, required by the Planning Board at the time of approval of
a preliminary plat of such proposed subdivision if such preliminary
plat has been approved and which, if approved as a final plat, may
be filed or recorded in the office of the Putnam County Clerk.
FINAL SUBDIVISION PLAT APPROVAL
The signing of a proposed final plat by the Chairman of the
Planning Board pursuant to a Planning Board resolution granting final
approval to the plat and after conditions specified in a resolution
granting conditional approval of the plat have been met. Such final
approval qualifies the plat for filing in the office of the Putnam
County Clerk.
IMPROVEMENT
A physical change to the land or installation of facilities
as necessary to produce usable lots or sites from raw acreage, including
but not limited to water and sewer facilities, recreation and open
space areas, grading, pavement, curbing, gutters, storm sewers and
drains, betterments to existing watercourses, sidewalks and other
pedestrian ways, street signs, shade trees, landscaping and monuments,
buildings and other structures whether such improvements are intended
and buffer plantings to be dedicated and maintained by the public
or held in private ownership.
IMPROVEMENT, PRIVATE
Any improvement, facility or service, together with its associated
site or right-of-way, necessary to provide transportation, drainage,
utilities or similar essential services and facilities and that is
owned and operated by a private party or person.
IMPROVEMENT, PUBLIC
Any improvement, facility or service, together with its associated
site or right-of-way, necessary to provide transportation, drainage,
utilities or similar essential services and facilities and that is
owned and operated by a governmental agency.
LOT
A parcel of land not divided by streets, devoted to a particular
use or occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under the
provisions of this chapter and having its principal frontage on a
street or on such other means of access as may be deemed in accordance
with the provisions of law to be adequate as a condition of the issuance
of a building permit for a building or buildings on such land.
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
LOT, FLAG
A lot which has insufficient frontage on a public street to comply with the minimum lot frontage requirements of Chapter
77, but which is shaped in such a manner that the portion
of the lot closest to the street can only be used for access purposes
and not as a yard or buildable area, and whose width some distance
back from the right-of-way is sufficient to provide proper space to
meet the yard and setback requirements.
LOT, INTERIOR
A lot enclosed on all sides by other lots and not abutting
a street.
LOT LINE
Any line dividing one lot from another.
LOT, THROUGH
A lot having street frontage both in front and to the rear.
LOT WIDTH
The width of a lot measured along a line drawn parallel to
the street line through the point of existing or proposed construction
nearest to such street line.
OPEN SPACE
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Open space may be included
as a portion of one or more large lots, or may be contained in a separate
open space lot but shall not include private yards within 50 feet
of a principal structure.
OPEN SPACE, USABLE
An unenclosed portion of the ground of a lot which is not
devoted to driveways, access roads or parking spaces; which is free
of structures that would interfere with the functionality of the open
space and the intended use of the property; which is no less than
eight feet in width at any point; which is available and accessible
to all occupants of the building or buildings on said lot, or on a
separate dedicated lot as part of a common development scheme, for
purposes of active or passive outdoor use.
OWNER
The owner of record of a lot, tract or parcel.
PARENT PARCEL
A parcel of land legally in existence on the effective date
of this chapter.
PLAT
The map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Planning Board for approval
and which, if approved, will be submitted to the Putnam County Clerk
for recording.
PRELIMINARY PLAT
A drawing prepared in the manner prescribed by this chapter
showing the layout of a proposed subdivision, including but not restricted
to road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities, including preliminary plans
and profiles, at suitable scale and in such detail as this chapter
requires.
PRELIMINARY PLAT APPROVAL
The approval of a proposed subdivision as set forth in a
preliminary plat, but subject to the approval of the final plat in
accordance with the provisions of this chapter.
RESOURCE ANALYSIS
A map depicting the environmental conditions of a lot, including
but not limited to the location of soils, wetlands, water bodies,
rock outcrops, vegetation, slopes, cultural resources and man-made
improvements on a lot displayed as part of a conceptual plan.
RESUBDIVISION
The further subdivision of any lot or lots, including the
alteration of any streets or the establishment of any new streets,
within a subdivision previously filed in the office of the Putnam
County Clerk after approval by the Town Planning Board. A revised
lot line is not a resubdivision.
REVISED LOT LINE
The process whereby the owner of one lot or parcel of land
conveys a portion of the lot or parcel to the owner of an adjoining
lot or parcel of land for the purposes of changing the size or configuration
of each existing lot or parcel of land without creating any new or
additional lots or parcels of land.
STEEP SLOPE
All ground areas having a topographical gradient equal to
or greater than 15% measured by utilizing two-foot contours.
STREET LINE
The dividing line between the street right-of-way and a lot.
STREET or ROAD
A way for vehicular traffic, whether designated as a street, highway, throughway, thoroughfare, avenue, boulevard, road, parkway, right-of-way, lane, place or court, or however otherwise designated, and which affords the public a principal means of access to abutting properties and which is suitably improved; or a proposed public access way shown on a subdivision plat to be improved in accordance with Chapter
57 of the Town Code.
STREET, PAPER
A street that has never been constructed or improved but
is shown on an approved plan, subdivision plat or tax map.
SUBDIVIDER; APPLICANT
Any person, firm, corporation, partnership or association
which shall lay out, for the purpose of development and/or sale, any
subdivision, as defined herein, either for himself, herself, itself
or for others.
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites or other division of land, with or without streets, for
the purpose of sale, lease, rent or building development. Specifically
excluded from this definition, however, is a revised lot line as defined
in this chapter. Under this chapter there are two types of subdivisions:
(1)
MINOR SUBDIVISIONAny subdivision containing not more than three lots, each of at least the minimum size required by Chapter
77, each fronting on an existing public street, not involving
any new street or road or the extension of municipal facilities, which
in the sole opinion of the Planning Board would not adversely affect
the development of the remainder of the parcel or adjoining properties,
and which is not in conflict with any provision or portion of the
Kent Comprehensive Plan and for which a draft environmental impact
statement is not required.