For the purpose of these regulations, certain
words and terms used herein are defined as follows:
BOND
A performance bond duly issued by a bonding or surety company
approved by the Town Board, with security acceptable to the Town Board,
or a performance bond duly issued by the owner-obligator accompanied
by security in the form of cash, certified check or United States
government bearer bonds deposited with the Town Board in full amount
of the obligation.
COMPREHENSIVE PLAN
A comprehensive plan prepared by the Planning Board pursuant
to § 272-a of the Town Law which indicates the general locations
recommended for various functional classes of public works, places,
structures and for general physical development of the town and includes
any unit or part of such plan separately prepared and any amendment
to such plan or parts therein.
DRIVEWAY
A private vehicular way intended primarily to afford access
to interior areas or to buildings on one or more private lots or plats
and to afford vehicular access from such lots or plats to a public
right-of-way.
DULY AUTHORIZED AGENT
A person designated by the owner to act in the owner's behalf
before the Planning Board. Such authorization shall be by notarized
statement.
EASEMENT
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his/her property.
FILING AND APPROVAL FOR FILING
The term "filing" means the actual filing of a subdivision
plat with the County Clerk. The term "approval for filing" means the
plat is approved by the Planning Board to file with the County Clerk.
FLOODPLAIN or FLOOD-PRONE AREA
A land area adjoining a river, stream, watercourse, bay or lake, which is likely to be flooded. See Chapter
47, Flood Damage Prevention.
[Added 6-13-2000 by L.L. No. 1-2000]
LETTER OF CREDIT
A letter taken out by the owner from a bank which guarantees
the town that a specific amount of money will be kept available for
the completion of subdivision construction, which is to be drawn on
only by the town.
LOT
A piece, parcel or plot of land occupied or to be occupied
by one principal building and its accessory building or buildings,
including the yards and other open spaces required by law.
[Added 6-13-2000 by L.L. No. 1-2000]
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
[Added 6-13-2000 by L.L. No. 1-2000]
LOT, DEPTH OF
The mean distance from the street line of the lot to its
opposite rear line measured in the general direction of the side lines
of the lot.
[Added 6-13-2000 by L.L. No. 1-2000]
LOT, KEYHOLE OR FLAG
An irregularly shaped lot characterized by an elongated extension
from a road to the principle part of the lot. The keyhole or flag
shape of the lot is normally intended to provide for access to an
otherwise landlocked interior parcel.
[Added 6-13-2000 by L.L. No. 1-2000]
LOT LINE ADJUSTMENT
Any alteration of lines or dimensions of any lots or sites,
other than a property merger, shown on a plat previously filed in
the office of the County Clerk or set forth on the applicable tax
map that creates no additional lots (see "subdivision").
[Added 7-14-2020 by L.L. No. 2-2020]
OFFICIAL MAP
The map established by the Town Board under § 270
of the Town Law, showing the streets, highways and parks theretofore
laid out, adopted and established by the law and all changes and additions
thereto made under provisions of the Town Law.
OWNER
The owner of the land proposed to be subdivided or his/her
agent (see also "subdivider").
PLANNED DEVELOPMENT DISTRICT (PDD)
A tract of land which is developed as a unit with a grouping
of residential, commercial and/or industrial buildings, together with
their accessory buildings and all appurtenant roadways, parking areas,
loading areas, open and/or greenspaces and service building and facilities.
[Amended 6-13-2000 by L.L. No. 1-2000]
PLAT (SKETCH PLAN)
A sketch of a proposed subdivision showing the information specified in Article
VI, §
100-25, of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and the objectives of these regulations.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article
VI, §
100-27, of these regulations, submitted to the Planning Board for purposes of consideration prior to the submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
PROPERTY MERGER
A combination of two or more lots, all titled in the same
name(s), which does not move any property boundaries but rather eliminates
the common dividing line between the lots.
[Added 7-14-2020 by L.L. No. 2-2020]
SEQRA
The State Environmental Quality Review Act (Environmental
Conservation Law, Article 8).
SITE PLAN REVIEW
A function of the Planning Board as prescribed in the Town
of Galway L.L. No. 1-1968 and including all current revisions.
STREET
A way for vehicular traffic between right-of-way lines and
including streets, roads, avenues, lanes, highways, thoroughfares,
parkways, boulevards, culs-de-sac, place or other trafficways.
A.
ARTERIAL OR MAJOR STREETA street which serves or is designed to serve heavy or fast flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy-traffic-generating areas.
B.
COLLECTOR STREETA street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
E.
MARGINAL ACCESS STREETA street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from traffic.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET TREES
Those trees within 20 feet of the street right-of-way.
STREET WIDTH
The width of the right-of-way measured at right angles to
the centerline of the street. Ordinarily, this width is the distance
between property lines.
[Amended 6-13-2000 by L.L. No. 1-2000]
SUBDIVIDER
Any person or entity who or which shall lay out any subdivision
or part thereof as defined herein, either for himself/herself or for
others.
SUBDIVISION
The division of any parcel of land into two or more lots, with or without streets or highways, including subdivision of a single property previously separated by a road that meets all zoning requirements. Such division shall include resubdivision of parcels of land for which an approved plat or deed has already been filed in the office of the County Clerk. The term "subdivision" may include any alteration of lot lines or dimensions of any lots (i.e., including lot line adjustments but not including property mergers). They shall not be in conflict with any provision or portion of the Comprehensive Plan, the Official Map or Chapter
115, Zoning, or these regulations.
[Amended 7-8-1997 by L.L. No. 5-1997; 6-13-2000 by L.L. No. 1-2000; 7-14-2020 by L.L. No. 2-2020]
A.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any subdivision requiring any new street or extension of municipal services. Any minor subdivision resubdivided into five or more lots within a five-year period becomes a "major subdivision."
B.
MINOR SUBDIVISIONAny subdivision containing not more than four lots fronting on an existing street, not involving any new street or extension of municipal facilities and may include the alteration of lot lines or dimensions of any lots (i.e., including lot line adjustments but not including property mergers) with no additional lots being created.
SUBDIVISION PLAT or FINAL PLAT
A drawing in final form showing a proposed subdivision containing
all information or details required by law and by these regulations
to be presented to the Planning Board for approval and which, if approved,
shall be filed or recorded by the applicant in the office of the County
Clerk.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.