Words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "person" includes a corporation, as well as an individual; the word "lot" includes the word "plot."
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
CONSTRUCTION DETAILS PLAN
The working drawings and specifications for public improvements and utilities involved in the plan of subdivision.
DESIGN PROFESSIONAL
Architect, landscape architect, professional engineer, surveyor or other person licensed by the State of New York. The design professional's responsibility and scope of practice shall be as defined by state law.
DRAINAGE FACILITY
Any structure, component, element or appurtenance that constitutes part of a system for collecting and disposing of surface or subsurface water, including ditches, swales, gullies or other depressions in the earth, whether or not man-made.
EASEMENT
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed as a professional engineer by the State of New York.
FINAL PLAT
A drawing in final form, prepared in the manner prescribed by this chapter, showing a proposed subdivision, containing such detail as is required herein.
FINAL PLAT APPROVAL
The signing of a final plat by a duly authorized officer of the Planning Board after a resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk. The subdivider has 180 days from final approval to satisfy the requirements, if any, upon which the approval has been conditioned. This period may be extended by the Planning Board, if in its opinion the circumstances warrant this, for ninety-day periods beyond the initial 180 days.
[2]
LAND DEVELOPMENT PLAN
A design document providing a composite diagram of the land characteristics and special features over which a site plan for residences or development can be formulated. The land development plan becomes a design element for the future use of land when filed with the final subdivision plat.
LANDSCAPED or LANDSCAPING
Open space development, which includes but is not necessarily limited to the following existing and cultivated elements arranged to produce an artful or otherwise desired effect: turf, meadow, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, beams, swales, lanes, paths and other similar natural and man-made elements or forms.
LOT
A parcel or portion of land separated from other parcels or portions, for purposes of sale, conveyance, lease or separate use, by means of a description as indicated by a subdivision plat, a recorded map or deed or by metes and bounds, or separated by a public street or railroad right-of-way, and having frontage on a public street.
MASTER PLAN
The comprehensive development plan of the Town of Mount Hope as adopted by the Town Board pursuant to the applicable provisions of the New York State Town Law.
OFFICIAL MASTER PLAN MAP
The map established by the Town Board pursuant to the applicable provisions of the New York State Town Law, showing streets, highways and parks and drainage, both existing and proposed.
OFFICIAL SUBMITTAL DATE
The time of submission of the subdivision plat considered to be the date of the regular monthly meeting of the Planning Board following the submission of the application for plat approval to the Secretary of the Planning Board, complete and accompanied by the required fee and all data required by this chapter as long as such submission has occurred at least 10 days prior to such regular meetings.
PARENT PARCEL
Any parcel of land separated in ownership from any adjoining tracts of land on the effective date of Chapter 250, Zoning, of the Code of the Town of Mount Hope, which has a total area which exceeds the minimum requirements of Chapter 250, Zoning, and which meets the requirements for subdivision under this chapter.
PERFORMANCE BOND
A security which may be accepted by the Town in lieu of a requirement that certain improvements be made before the Planning Board gives final approval to a subdivision plat. Such security shall be sufficient to cover the full cost of all uncompleted improvements in the subdivision as estimated by the Planning Board.
PLANNING BOARD or BOARD
The Planning Board of the Town of Mount Hope.
PLANNING BOARD SECRETARY/CLERK
The individual who is duly appointed to act as the secretary to the Planning Board. For purposes of reference to the New York State Town Law, the terms "Secretary to the Planning Board" and "Clerk to the Planning Board" shall be interchangeable and shall have the same meaning.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by this chapter or by Chapter 250, Zoning, showing the salient features of the layout of a proposed subdivision, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form, including but not limited to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as this chapter or Chapter 250, Zoning, may require.
PRELIMINARY PLAT APPROVAL
The approval by the Planning Board of the layout of a proposed subdivision as set forth in a preliminary plat, but subject to approval of the plat in final form in accordance with these subdivision regulations.
RESUBDIVISION
A change of an approved or recorded subdivision plat if such change affects any street layout shown on such plat or affects an area reserved thereon for public use or any change of a lot line or if it affects any map or plan legally recorded.
SITE
The total contiguous land of any owner, whether part or all of such owner's land is submitted for plat approval.
STANDARD SCHEDULE OF FEES
The Standard Schedule of Fees of the Town of Mount Hope as may be adopted and amended from time to time by the Town Board.
STREET
A way for vehicular traffic, whether designated as a street, highway, parkway, throughway, road, avenue, boulevard, lane, place or however else designated. The term "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within such street lines.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET RIGHT-OF-WAY
The full width of a street as shown on the Official Map, whether acquired through dedication or by use or to be acquired in the future. It may include pavement, shoulders, ditches or gutters, culverts or sluiceways.
STREET SPECIFICATIONS
The minimum acceptable standards of street construction for proposed Town roads within subdivisions of the Town of Mount Hope.
STREET TAP or STUB STREET
A street designed to provide a connection to possible future development outside the subdivision so that continuity of traffic circulation can be maintained.
STREET WIDTH
The width of right-of-way, measured at right angles to the center line of the street.
SUBDIVIDER
Any person, firm, entities, corporation, partnership or association who shall make application to lay out any subdivision or part thereof as defined herein, either for himself or others.
SUBDIVISION
The division of any parcel of land or structure into two or more lots, blocks or units, with or without streets or highways. Such division shall include resubdivision of parcels of land for which an approved plat has already been filed in the office of the County Clerk and which are entirely or partially undeveloped.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including but not limited to subdivision of five or more lots, or any size subdivision requiring any new street or extension of Town facilities.
SUBDIVISION, MINOR
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of Town facilities 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 Master Plan, the Official Map, Chapter 250, Zoning, or this chapter.
SURVEYOR, LAND
A person licensed as a land surveyor by the State of New York.
TAX MAP PARCEL
The record of the owner and description of the parcel held on record in the Orange County Department of Real Property Tax service.
UNIT
A parcel of land or structure divided into two or more distinct portions that will not be owned in fee simple.
WALKWAY
A street, right-of-way, easement, sidewalk or other land reserved exclusively for pedestrians, bicycles, equestrians and other nonmotorized circulation.
ZONING LOCAL LAW
Chapter 250, Zoning, of the Code of the Town of Mount Hope.
[1]
Editor's Note: See also Art. VII, Lot Line Changes, § 210-35, Definitions.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).