For the purpose of the regulations, certain
words and terms used herein are defined as follows, or as defined
and used in the Zoning Law of the Village of Montebello.
The owner of land proposed to be subdivided or any other
party in interest who shall submit the written consent of the owner.
See "security."
The diameter of a tree at a height four feet above grade.
[Amended 6-22-2005 by L.L. No. 4-2005]
A comprehensive plan for development of the Village prepared
and adopted by the Village Board, pursuant to Article 7 of the Village
Law, including any part of such plan separately adopted and any amendment
to such plan, or parts thereof.
[Amended 6-22-2005 by L.L. No. 4-2005]
Approval by a Planning Board of a final plat subject to conditions
set forth by the Planning Board in a resolution conditionally approving
such plat. Such conditional approval does not qualify a final plat
for recording nor authorize issuance of any building permits prior
to the signing of the plat by a duly authorized officer of the Planning
Board and recording of the plat in the office of the County Clerk
or register as herein provided.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirements of the Planning
Board as a condition of the approval of said plat.
The standards and specifications adopted by the Village Board
for the construction of new subdivision streets and related improvements.
The individual or business entity designated by the property
owner or applicant to develop the subdivision.
A person licensed as a professional engineer by the State
of New York.
The signing of a plat in final form by a duly authorized
officer of a Planning Board pursuant to a Planning Board 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 or register in the county in which such plat is
located.
A lot which has its buildable area (the so-called flag) located
behind another lot, either existing or proposed, and which derives
access by means of a narrow strip of land (sometimes referred to as
"the flagpole") that has frontage on a street. Such flagpole may be
part of either lot, by ownership, right-of-way, easement, or other
provisions. A flag lot allows the potential for the creation of two
lots, one generally behind the other, which derive access from the
same street.
[Added 6-21-2006 by L.L. No. 4-2006]
Includes any street to be constructed by the developer or
any existing street in which development shall take place on both
sides.
See “flag lot.”
[Added 6-21-2006 by L.L. No. 4-2006]
The map established by the Village Board, under Article 7
of the Village Law, showing the streets, highways and parks, and drainage
systems theretofore laid out, adopted and established by law, and
any amendments or additions thereto adopted by the Village Board,
or additions thereto resulting from the approval of subdivision plats
by the Planning Board and the subsequent filing of such approved plats.
The date on which the Village determines that the application
is complete in all respects, including but not limited to all maps,
drainage reports, narrative summaries, fees, SEQRA requirements, affidavits,
Building Inspector letter.
Any premises not located within the area of the property
to be subdivided whether or not in the same ownership of the applicant
for subdivision approval.
Includes all vested or contingent interests in land of any
person or his agent, representative, successor or assignee, irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person, or his or her
child, parent, sibling or spouse of sibling, heir or next of kin or
agent, corporation, firm, entity, partnership or unincorporated association.
Property owned by different corporations, firms,
partnerships, entities or unincorporated associations, in which such
a person is a stockholder, partner or associate, or his or her child,
parent, sibling or spouse of sibling, heir or next of kin, and owns
a ten-percent or greater interest in each corporation, firm, partnership,
entity or unincorporated association.
When such person or his estate, successors or assigns or any person or entity included in Subsections A and B herein may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Village of Montebello, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
Includes any existing street to which the parcel of land
to be subdivided abuts on only one side.
The Village Planning Board.
Subdivision plat.
[Amended 6-22-2005 by L.L. No. 4-2005]
The preliminary drawing or drawings, described in § 163-31 of the regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its approval.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with the provisions of this section.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout shown on such map, or
area reserved thereon for public use, or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
The area designated or dedicated for street purposes, usually
50 feet in width for Village streets, between lot lines, and including
pavement and shoulder.
A public or private highway or travelled way.
A road which serves or is designed to carry traffic from
local residential streets to secondary streets.
A road which serves, or is designed to serve, commercial
or industrial properties.
A road or a portion of a street with only one vehicular traffic
outlet.
A road intended to serve primarily as an access to abutting
residential properties.
[Amended 6-22-2005 by L.L. No. 4-2005]
A road which is used primarily as a route for traffic between
communities or large areas.
The wearing or exposed surface of the roadway used by vehicular
traffic, excluding curbs or gutters.
The distance between property lines measured at right angles
to the center line of the street.
A road which serves or is designed to carry traffic from
collector streets to the system of major streets.
Any immediate or future transfer of ownership, including
contract of sale or transfer of an interest in a subdivision or part
thereof.
As may be defined in Chapter 108, as such may be amended from time to time.
[Amended 6-22-2005 by L.L. No. 4-2005]
See the definition of “road.”
[Amended 6-22-2005 by L.L. No. 4-2005]
Any person who, having an interest in land, (1) causes it,
directly or indirectly, to be divided into a subdivision, or (2) directly
or indirectly sells, leases or develops or offers to sell, lease or
develop, or advertises for sale, lease or development, any interest,
lot, parcel, site, unit or plot in a subdivision, or (3) engages directly
or through an agent in the business of selling, leasing, developing
or offering for sale, lease or development a subdivision or any interest,
lot, parcel site, unit or plot in a subdivision; and is directly or
indirectly controlled by, or under direct or indirect common control
with, any of the foregoing.
The division of any parcel of land into a number of lots,
blocks or sites as specified in a law, rule or regulation, with or
without streets or highways, for the purpose of sale, transfer of
ownership, or development. The term "subdivision" shall include any
alteration of lot lines or dimensions of any lots or sites shown on
a plat previously approved and filed in the office of the County Clerk
or register of the county in which such plat is located. Subdivisions
may be defined and delineated by local regulation, as either "major"
or "minor," with the review procedures and criteria for each set forth
in such local regulations.
Any person who represents, or acts for or on behalf of, a
subdivider or developer, in selling, leasing or developing or offering
to sell, lease or develop any interest, lot, parcel, unit, site or
plot in a subdivision, except a professional whose representation
of another person consists solely of rendering professional services.[1]
The plat endorsed by the owner/applicant and the Chairperson
of the Planning Board, and recorded in the Office of the County Clerk.
The person designated by the Village Board with the responsibility
of maintenance of Village streets.
A person licensed as a land surveyor by the State of New
York.
The Town of Ramapo.
The Village of Montebello.
The duly designated attorney of the Village.
The duly designated engineer or engineering consultant of
the Village.
The duly designated or retained planner or planning consultant
of the Village.
[1]
Editor's Note: The definitions of “subdivision,
major” and “subdivision, minor,” which immediately
followed this definition, were deleted 1-21-2004 by L.L. No. 1-2004.
[3]
Editor's Note: Materials appended to this
chapter, including Standard Map Notes for Subdivision Plat, Optional
Map Notes and Required Soil Erosion and Sediment Control Notes, are
on file in the office of the Village Clerk-Treasurer.
