Town of Kent, NY Definitions and Word Usage

The definitions as set forth in Article XIX of Chapter 77, Zoning, are hereby incorporated by reference. In the event of a conflict between the meaning of a word or phrase as set forth in this chapter and Chapter 77, the meaning as set forth in this chapter shall apply.

The definitions as set forth in Chapter 57, Roads and Driveways, of the Town Code are hereby incorporated by reference. In the event of a conflict between the meaning of a word or phrase as set forth in this chapter and Chapter 57, the meaning as set forth in this chapter shall apply.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

See "subdivider."

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,[1] 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,[2] 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.[3]

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.

COMPREHENSIVE PLAN

The duly adopted Comprehensive Plan of the Town of Kent.

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,[4] 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.[5])

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

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,[6] 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.[7]

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,[8] 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.

(2)

MAJOR SUBDIVISIONA subdivision not classified as a minor subdivision.

[1]

Editor's Note: See Ch. 57, Roads and Driveways.

[2]

Editor's Note: See Ch. 27, Building Administration and Construction.

[3]

Editor's Note: See Ch. 27, Building Administration and Construction.

[4]

Editor's Note: See Ch. 57, Roads and Driveways.

[5]

Editor's Note: See Ch. 57, Roads and Driveways.