As used in this chapter, words in the singular include the plural
and those in the plural include the singular. The words "shall" and
"will" for the purpose of this chapter are defined as mandatory.
A.Â
For the purpose of this chapter, the following terms shall be considered
interchangeable:
B.Â
Unless otherwise expressly stated, the following definitions shall,
for the purpose of this chapter, have the meanings herein indicated.
Any pertinent word or term not a part of this listing shall be construed
to have its legal definition.
The following is a list of specific terms, found elsewhere in
the chapter, along with definition of their intended meaning:
A permanent service way providing a secondary means of access
to abutting lands.
The surfacing of a street, parking area, access or walkway
to a mud-free or otherwise permanently passable condition during all
seasons of the year and under adverse weather conditions. Macadam,
gravel, crushed stone and shale surfaces will all suffice to meet
this test, but the depth and installation of the material shall be
subject to the approval of the Town Engineer.
A landowner, developer or subdivider, as hereinafter defined,
who has filed an application for subdivision plat approval, including
heirs, successors and assigns.
That portion of a roadway between the outer edge of the traveled
way or pavement and the point of intersection of the slope lines at
the outer edge of the roadway, for the accommodation of stopped vehicles
and for lateral support.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, bodies of water,
boundary lines of the Town, or by any combination of the above.
A structure formed of any combination of materials which
is erected on the ground and permanently affixed thereto, and designed,
intended or arranged for the housing, shelter, enclosure or structural
support of persons, animals or property of any kind.
A sewage system or water supply system designed to serve
more than one dwelling unit or building, not including the use of
a single well or disposal system for two dwellings on the same parcel
of land. See "on-site sewage or water supply" for further information.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a subdivision, which parcel or parcels have
been designed and intended for the use or enjoyment of residents of
the development. It does not include streets, off-street parking areas
and areas set aside for utility placement, rights-of-way or similar
public facilities.
All of the land and improvements part of a subdivision which
is to be jointly owned and maintained by the lot owners, lessees and/or
members of the subdivision and identified as such by the subdivider
on any plat offered to the Town for approval.
A form of development for single-family 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 given the specific site conditions and
no less than 50% of the total land area is devoted to permanent open
space.
The County of Sullivan, State of New York, and its planning
agency.
A minor street providing a single access to a group of lots
with a turnabout area at the end of such street.
The New York State Department of Environmental Conservation.
The owner or authorized agent of the owner, including but
not limited to any individual, partnership or corporation that undertakes
a subdivision or any of the activities covered by this chapter, particularly
the preparation of a subdivision plat showing the layout of the land
and the public improvements involved therein. The term "developer"
is intended to include the term "subdivider," even though the personnel
involved in successive stages of this project may vary.
A defined private access from an individual lot to a public
or approved private right-of-way.
A building arranged, intended, designed or used as the living
quarters for one or more families living independently of each other
upon the premises. The term "dwelling" shall not be deemed to include
hotel, motel, rooming house or tourist home.
DWELLING, SINGLE-FAMILYA building arranged, designed and intended for and occupied exclusively by one family.
DWELLING, TWO-FAMILYA building arranged, designed and intended for and occupied by two families living independently.
DWELLING, MULTIFAMILYA building arranged, designed and intended for and occupied by three or more families living independently and having no cooking or sanitary facilities in common with any other dwelling unit, including apartment houses, apartment hotels, flats and garden apartments.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public or private purpose, and
within which the lessee or owner of the property shall not erect any
permanent structure but shall have the right to make any other use
of the land which is not inconsistent with the rights of the grantee.
That side of a lot abutting on a street or way and ordinarily
regarded as the front lot, but it shall not be considered as the ordinary
side of a corner lot.
A tract or parcel of land held in single or joint ownership,
not necessarily shown on a duly recorded map, which is occupied or
capable of being occupied by buildings, structures and accessory buildings,
including such open spaces as are arranged, designed or required.
The term "lot" shall also mean "parcel," "plot," "site" or any similar
term.
LOT AREAThe area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT IMPROVEMENTA division or redivision of land wherein lot area is shifted from one parcel to another so to improve the shape or dimension of each.
LOT WIDTHThe average of the widths of a lot at the building setback line and the rear lot line.
Any subdivision or land development which is not a minor
subdivision or lot improvement. Any subdivision which involves the
utilization of central sewage disposal systems or water supplies,
the construction of any streets, or the utilization of conservation
subdivision techniques shall also be considered a major subdivision,
regardless of the number of lots.
A subdivision or development containing not more than 10
lots or a cumulative development on a lot-by-lot basis for a total
of 10 lots of any original tract of land of record (i.e., not previously
subdivided or developed subsequent to the effective date of this chapter
by the owner or the owner's duly appointed agent), where no new streets
or accesses are required.
Any sewage system designed to: 1) treat sewage by subsurface
means; or 2) provide water from a drilled well or spring, within the
boundaries of an individual lot. See "central sewage or water supply"
for further information.
An area of land resulting from the division of a tract of
land for the purposes of transfer of ownership, use or improvement.
Improvement of the traveled portion of a roadway with a hard,
solid surface material conforming to the standards of the Town of
Lumberland Road Law.
A surety bond, certified check 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 subdivider
will install all required or planned improvements.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A drawing, map, chart, plan or plotting indicating the subdivision
or resubdivision of land, which in its various stages of preparation
can include the following:
SKETCH PLANA general plan, identified as such with the title "sketch plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for conceptual consideration by the Town, Planning Board site inspection and, in the case of conservation subdivisions, determining allowable density.
PRELIMINARY PLATA complete plan prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "preliminary plat" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLATA complete and exact plan, identified as such with the wording "final plat" in the title, with a professional engineer's or registered surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the preliminary plat.
Any change of existing property lines or of property lines
shown on a plat approved by the Planning Board and filed in the office
of the County Clerk.[1]
The clerk or secretary designated to accept applications,
plats, fees and correspondence on behalf of the Town of Lumberland
Planning Board.
Same as "developer."
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 or devisees, transfer of ownership, or building
or lot development.
A land surveyor licensed by the State of New York.
Town of Lumberland, Sullivan County, New York.
Governing council of the Town of Lumberland.
A professional engineer licensed as such by the State of
New York and appointed or hired on a consulting basis to provide engineering
advice to the Town.
The New York State Town Law which governs the operation of
all towns within the state.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations, including intermittent streams but excepting drainage
ditches, swales or diversion terraces.
The Town of Lumberland Zoning Law, Chapter 250, Zoning, of this Code, which includes specifications for lot sizes, other development standards, a schedule of permitted uses and supplementary regulations.
