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.
B.
For the purpose of this chapter, the following terms shall be considered
interchangeable:
(1)
The words "law" and "regulation(s)."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The terms "Town" and "Town of Tusten."
(3)
The terms "subdivider" and "developer" and the terms "subdivision"
and "development."
(4)
The terms "State Environmental Quality Review Act" and "SEQRA."
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 is a list of specific terms, found elsewhere in
the law, along with definitions of their intended meaning:
A measure of land area equal to 43,560 square feet.
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 permanent service way providing a secondary means of access
to abutting lands.
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.
An application which includes the following:
All information concerning the proposed subdivision in the format
required by the applicable provisions of this chapter;
All application fees required by this chapter and the professional
review fee escrow deposit, if any, required by the Planning Board;
An EAF assessing the potential environmental impacts of the
proposed subdivision; and
A determination by the reviewing agency, or by the lead agency
in the event of coordinated review, that the proposed project is not
likely to have a significant impact on the environment (negative declaration),
or the filing of a notice of completion of a DEIS in accordance with
the provisions of SEQRA.
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. See
Tusten Zoning Law, Article VII.[1]
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 turn-about 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
a hotel, motel, rooming house or tourist home. Also called a "dwelling
unit."
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, buildings, or portion thereof on a single lot, containing more than two but not more than four dwelling units, including apartments originally constructed, or proposed, for residential housing.
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.
The area of land contained within the limits of the property
lines bounding that lot. Any portion of a lot included within a street
right-of-way, private streets and parking areas, within the boundaries
of an easement granted to a public utility or under water, other than
stream crossings, shall not be included in calculating lot area.
A type of subdivision resulting in a modification in the
boundary of an existing, legally established lot which does not result
in the creation of any new lot nor create any nonconformity with respect
to any area or bulk requirement established by the Town Zoning Law,[2] the Sullivan County Health Department, the New York State
Uniform Fire Prevention and Building Code or other applicable law,
rule or regulation. A lot line adjustment between adjacent property
owners shall be exempt from the requirements of these regulations,
provided such adjustment meets the criteria in § 3.7 of
this chapter.
The distance between the two side lot lines measured at the
required front setback line.
A parcel of land legally in existence, or combination of
such parcels, proposed to be subdivided or resubdivided.
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
Tusten Road Law.[3]
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:
PLAT, FINALA 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.
PLAT, PRELIMINARYA 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.
The Clerk or Secretary designated to accept applications,
plats, fees and correspondence on behalf of the Town of Tusten Planning
Board.
A 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.
A highway or road intended primarily for the purposes of
vehicular traffic, including the following:
STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it major traffic streets.
STREET, MAJORA road, the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways such as Interstate Route I-86.
Same as "developer."
The division or resubdivision of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, with or without streets or highways, for the purpose
of sale, transfer of ownership, or development. A condominium constitutes
a subdivision. See also "lot line adjustment."
Any subdivision or land development which is not a minor
subdivision or lot line adjustment. Any subdivision which involves
the utilization of central sewage disposal systems or water supplies
or the construction of any streets shall also be considered a major
subdivision, regardless of the number of lots. In addition, whenever,
as the result of repeated minor subdivision of the same parcel within
a five-year period, a proposed subdivision would result in the creation
of more than five lots from the original parcel within said five-year
period, said proposed subdivision will be deemed a major subdivision.
A subdivision or development containing not more than five
lots and not involving the utilization of central sewage disposal
systems or water supplies or the construction of any streets.
A land surveyor licensed by the State of New York.
The Town of Tusten, Sullivan County, New York.
The governing council of the Town of Tusten.
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.
The standards of the Town of Tusten pertaining to the approval
of streets by the Town Highway Superintendent and the acceptance of
such streets for formal dedication to the Town.[4]
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.
