A.
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.
C.
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 terms shall have the following meanings:
A permanent service way providing a secondary means of access
to abutting lands.
A landowner, subdivider or developer, as hereinafter defined,
who has filed an application for development, including his heirs,
successors and assigns.
The Town of Delaware Planning Board.
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 bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
or watercourses, or boundary lines of the Town.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature. A building shall not include such structures as billboards
or fences or structures with interior surfaces not normally accessible
to human use, such as gas tanks, grain elevators, coal bunkers or
similar structures. A building may accommodate more than one family
and have more than one dwelling unit and be used for residential,
commercial or manufacturing purposes. Mobile homes shall be considered
buildings.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use, including the travelway and shoulders.
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 development site and 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 or
land development which is to be jointly owned and maintained by the
lot owners, lessees and/or members of the development and identified
as such by the subdivider on any plan offered to the Town for approval.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
The appropriation of land by its owner for any general or
public uses. This shall not be construed as acceptance by the Town
of responsibility for maintenance and/or ownership of such land and
attendant facilities, except where appropriate legal documents specifically
relating to the same have been executed.
The owner, or authorized agent of the owner; including but
not limited to any individual, partnership or corporation that undertakes
a subdivision or land development or any of the activities covered
by this chapter, particularly the preparation of a subdivision plan
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.
An easement required for installation of stormwater sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A defined private access from an individual lot to a public
highway 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.
SINGLE-FAMILY DETACHEDA building arranged, designed and intended to be used for and occupied exclusively by one family.
TWO-FAMILYA building arranged, designed and intended to be used for and occupied by two families living independently and having no cooking or sanitary facilities in common.
MULTIPLEA building arranged, designed and intended to be used for and occupied by three or more families living independently and having no cooking or sanitary facilities in common.
Rooms in a dwelling structure, including a kitchen, sleeping
facilities, and a separate bath and toilet, designed as a household
unit for extended periods of occupancy for living and sleeping purposes
by not more than one family at a time.
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.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including, but not limited to,
streets, pavements, curbs, storm and sanitary sewers, sewage treatment
systems, wells and water distribution systems, gutters, drain, and
betterments to existing watercourses, sidewalks, street signs, crosswalks,
shade trees, sodding or seeding, street name signs and monuments.
Streets intended to provide access to lots bordering a public
right-of-way to which access has been limited or prohibited and generally
running parallel to such right-of-way.
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.)
The total number of square feet or acres in the lot.
The average of the depths of a lot at the two side lot lines.
The realignment of lot lines, provided the resulting lots are not made more nonconforming; or the transfer of land to increase the size of an existing lot, provided any lot proposed for a reduction in size complies with all provisions of this chapter and Chapter 220, Zoning, and no new lots are created; or the combination or reallotment of small lots into a larger lot or lots.
The line separating the lot from a street.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a side street lot
line.
The average of the width of a lot at the building setback line required by Chapter 220, Zoning, and the rear lot line.
Any subdivision which is not a minor subdivision or which
is a recreational subdivision or land development or a mobile home
park. Any subdivision which involves the utilization of off-site sewage
disposal systems or water supplies, the construction of any streets,
stormwater control facilities or other improvements, or the utilization
of clustering techniques shall also be considered a major subdivision,
regardless of the number of lots or other considerations.
A subdivision containing not more than four to 10 lots, or
a cumulative development on a lot-by-lot basis for a total of four
to 10 lots, of any tract of land of record as of June 8, 1989, the
effective date of the previous Subdivision Regulations, where no new
off-site sewage disposal systems or water supplies, the construction
of any streets, stormwater control facilities or other improvements
are required.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit, or
in two units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
Land occupied or to be occupied by a mobile home in a mobile
home park, improved with the necessary utility connections and other
appurtenances; and said lot being specifically designated by division
from other lots in the mobile home park.
A parcel or contiguous parcels of land under single ownership,
which has been planned and improved for the placement of two or more
mobile homes for nontransient use.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
which arrives at a site complete and ready for installation except
for minor and incidental unpacking and assembly operations, and which
is installed on a permanent foundation and is not intended for repeated
towing.
Improvement of the traveled portion of a roadway with a hard,
solid surface material conforming to the standards of the Town of
Delaware Road Law.[1]
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A map or chart indicating the subdivision or resubdivision
of land, which in its various stages of preparation can include the
following:
SKETCH PLANAn informal plan, identified as such with the title "sketch plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for consideration by the Town Planning Board.
PRELIMINARY PLANA complete plan prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "preliminary plan" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan, identified as such with the wording "final plan" in the title, with licensed land surveyor's seal affixed, and prepared for official recording as required by this chapter, to define property rights and proposed streets and other improvements.
The Town of Delaware Planning Board.
A person registered and licensed to practice engineering
within the State of New York.
Land reserved for use as a street, alley, interior walk,
or for other public or private purposes.
The State Environmental Quality Review Act, Article 8 of
the Environmental Conservation Law, and the implementing regulations
relating thereto.
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any portion of
any building. Front setbacks shall be measured from the edge of the
highway right-of-way and other setbacks from property lines.
A sanitary sewage collection and treatment system in which
sewage is carried from individual lots or dwelling units by a system
of pipes to a central treatment and disposal facility or system, which
may be publicly or privately owned and operated. A system designed
to serve a two-family dwelling or two dwelling units located on the
same property or adjacent properties shall not be considered as central
sewerage, and in such a case, all development standards will apply
the same for each dwelling or unit as any single-family unit.
A single system of piping, tanks or other facilities serving
only a single-family dwelling on a single lot and disposing of sewage
in whole or in part into the soil.
The improved portion of a street immediately adjoining the
travelway for parking and for access to abutting properties.
The distance one can see in any direction from a given point
on a street.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley. "Public rights-of-way" shall be those open to the general
use of the public, not necessarily publicly dedicated.
MAJOR TRAFFIC STREETSThose streets servicing large volumes of comparatively high-speed and long-distance traffic, and including road facilities classified as main and secondary highways by the New York Department of Transportation.
COLLECTOR STREETSThose streets which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets.
MINOR STREETSThose streets which primarily provide access to abutting properties.
MARGINAL ACCESS STREETSThose streets parallel to major traffic or collector streets and providing access primarily to abutting properties.
The shortest distance between the lines delineating the right-of-way
of a street.
A division or redivision of a lot, tract or parcel of land by any means into tracts, parcels or other divisions of land, including changes in existing lot lines, for any purpose, excluding lot improvements as provided in § 186-17 hereof and natural subdivisions, where the tracts, parcels or divisions are already defined by a public road, railroad or other major feature of a similar nature. Proposed natural subdivisions shall, prior to recording, be submitted to the Town of Delaware Planning Board for a determination that they meet such criteria and be processed in the same manner as lot improvements.
[Amended 4-19-2006 by L.L. No. 2-2006]
A land surveyor licensed by the State of New York or a professional
engineer who is state-approved to provide similar services.
A professional engineer officially retained by the Town Board
or consulting with the Town Board on a temporary basis.
The portion of the cartway used for steady movement of vehicles,
not including the shoulders.
A public or private utility system designed to supply and
transmit drinking water from a common source to two or more dwelling
units or uses in compliance with New York State Department of Health
regulations.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot
and in compliance with New York State Department of Health regulations
if such compliance is required.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s) and be permanent in nature, or it may originate from temporary
sources such as runoff from rain or melting snow.
An area of land where the presence of water (at least during
part of the year) determines the soil characteristics of the site
and the species of vegetation growing on the site; said areas being
regulated by the New York State Department of Environmental Conservation
and the United States Army Corps of Engineers.
