As used in this chapter, the following terms shall have the
meanings indicated:
A person who is the reputed owner, or authorized agent of
the reputed owner, of land proposed for subdivision and/or other site
improvement.
A form of residential subdivisions that permits a reduction
in lot area and other development standards, provided there is no
increase in the number of lots permitted under a conventional subdivision.
The written and graphic materials adopted by the Town Board
that identify the goals, objectives, principles, policies, standards,
devices, and instruments for the immediate and long-range protection,
enhancement, and growth and development of the Town.
An easement precluding additional development of certain
lands often used by landowners to protect certain environmental qualities
of the property.
A structure, less than 20 feet in diameter or width, designed
to convey a watercourse under a road or pedestrian walk.
The permitted number of dwelling units per gross acre of
land to be developed on developable land.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release same gradually and at a rate not greater than that which
existed prior to the development of the property into natural or man-made
outlets.
The removal of surface water or groundwater from land by
drains, grading, ditches or other means.
Any dwelling, building or complex of structures used or intended
to be used by one family, and providing complete housekeeping facilities.
A right-of-way, granted but nondedicated, for limited use
of private land for public or quasi-public purposes and within which
the owner of the property shall not erect any permanent structures.
A person licensed as a professional engineer by the State
of New York.
The wearing away of natural (earth) and unnatural (embankment,
slope protection, structure, etc.) surfaces by the action of external
forces. In the case of drainage terminology, this term generally refers
to the wearing away of the earth's surface by flowing water.
A plan or drawing in final form for recording prepared by
a licensed professional engineer or surveyor, showing existing features
of the land and proposed suitable design data for the construction
of streets, utilities, lot layout and the provision of suitable access
connections to adjacent properties.
The average level of the finished surface adjacent to the
building or structure.
The duly elected Highway Superintendent of the Town of Porter
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Physical changes to the land including grading, pavement,
curbs, gutters, storm sewers, drains, alterations to existing watercourses,
sidewalk, traffic signage, crosswalks, shade trees, sodding or seeding,
street name signs, streetlight facilities, stormwater detention/retention
facilities with control structures and property monuments.
See "retainer."
A parcel of land devoted to a certain use or occupied by
a building or a group of buildings that are united by a common interest
or use, and the customary accessories and open spaces belonging to
the same.
The mean horizontal distance between the front and rear lines
of a lot.
A lot line adjustment is required to move a property line
between two or more existing adjacent lots or parcels without creating
a new lot.
The map established by the Town of Porter pursuant to § 270
of the Town Law showing the streets, highways and parks theretofore,
laid out, adopted and established by law and any amendments thereto
adopted by the Town Board or additions thereto resulting from the
approval of subdivision plats by the Board and the subsequent filing
of such approved plats. Streets not accepted by the Town Board as
public streets shall be shown thereon but shall be marked as private
streets.
Any parcel that is large enough to be subdivided into two
or more lots which meet the minimum lot requirement of the zoning
district that it is located in.
See "retainer."
The Planning Board of the Town of Porter.
An agreement between the Town and a developer, where the
developer agrees to pay all engineering and inspection costs of a
subdivision and associated improvements along with a schedule to complete
such improvements.
The maps, drawings and other data, prepared by a licensed
professional engineer, surveyor or a qualified site planner, showing
the layout of a proposed subdivision, as specified in these regulations,
submitted to the Planning Board for approval prior to submission of
the final plat, and of sufficient detail to apprise the Planning Board
of the layout and improvements within such proposed subdivision including,
but not limited to, design data for the construction of streets, utilities,
lot layout and the provision of suitable access connections to adjacent
properties.
A surety bond, certified check, letter of credit or other
security meeting the requirements of § 277 of the Town Law,
and the terms of which are satisfactory to the Town Attorney, guaranteeing
the applicant will install all approved, required and planned improvements.
The bond and letter of credit shall be issued from a financial institution
having offices of business in New York State.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a street, crosswalk, railroad, utility, or other similar use.
A deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity, or other natural means as
a product of erosion.
The NYS State Environmental Quality Review Act as outlined
in 6 NYCRR Part 617.
A preliminary presentation of a proposed subdivision or site
plan and of sufficient accuracy to be used for the purpose of discussion
and classification.
A permanent storage facility accommodating storage of stormwater
runoff without release of such runoff.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, road, avenue, boulevard, land, drive,
place, or other similar designation. The following functional classifications
are used in this chapter:
ARTERIAL STREETSThose that are used primarily for fast or heavy traffic, usually with complete or partial control over access from abutting property.
COLLECTOR STREETSThose that carry traffic from minor streets at major system or arterial streets and highways.
MINOR STREETSThose that are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets that are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs, transfer of ownership or building or lot development.
MAJOR SUBDIVISIONAny size subdivision not classified as a minor subdivision, including but not limited to a subdivision of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
MINOR SUBDIVISIONAny division of a single lot, tract or parcel of land, or a part thereof, into two or more but not more than four lots fronting on an existing street or not involving any new street, road or the extension of' municipal facilities beyond the frontage requirements of a single lot within the designated zone and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Land Use Plan, Official Map or Zoning Law of the Town of Porter. A minor subdivision may be deemed a major subdivision if it is part of or contiguous to a previously approved subdivision. Application for further subdivision of any portion of a minor subdivision or for a further subdivision of the parent parcel shall constitute application for a major subdivision. Exception: The sale or exchange of parcels of land between adjacent or adjoining property owners or where such sales do not create additional lots shall not be considered a subdivision of land so long as such exchange does not result in the creation of an otherwise substandard size lot as defined in this chapter, subject to the requirements of § 165-9F.
[Amended 7-10-2023 by L.L. No. 3-2023]
A person licensed as a land surveyor by the State of New
York.
The duly designated codes officer of the Town.
The provision of services to include gas, electric, telephone,
cable, water, fiber optics and storm sewers. Utilities shall not include
sanitary sewers.
