For the purpose of these regulations, certain
words and terms used herein are defined as follows:
CONDITIONAL APPROVAL
The approval of a final plat subject to conditions set forth
by the Planning Board in its resolution conditionally approving the
plat. Conditional approval does not qualify the final plat for recording.
At the time of the resolution conditionally approving the plat, the
Planning Board must empower a duly authorized officer of the Planning
Board to sign the plat subject to completion of the requirements stated
in the resolution. Upon completion of these requirements, the plat
must be signed by the officer so designated. The subdivider has 180
days to satisfy the requirements upon which the approval has been
conditioned and obtain the certification of the officer of the Planning
Board. This period may be extended by the Planning Board, if in its
opinion the circumstances warrant this, for up to two ninety-day periods
beyond the initial 180 days.
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 or
other person licensed by the State of New York to practice site planning
and/or engineering. The design professional's responsibility shall
be as defined by state law.
DWELLING UNIT
A building or entirely self-contained portion thereof, containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
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 County Clerk or register,
in the County in which such plat is located.
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, berms,
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 purpose of sale, 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.
MASTER 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 and structures and for general physical development of the
municipality, and includes any unit or part of such plan separately
prepared, and any amendment to such plan or parts therein.
OFFICIAL MAP
The map established by the Municipal Legislature pursuant
to § 270 of the Town Law, showing streets, highways, parks
and drainage, both existing and proposed.
OFFICIAL SUBMITTAL DATE
The date on which a subdivision plat is considered officially submitted to the Planning Board, pursuant to § 276 of the Town Law, and hereby defined as the date Planning Board receives the formal subdivision plat in proper form as provided for in Article
VII of these regulations.
PARENT PARCEL
Any parcel of land owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of these regulations, which has a total area which exceeds the minimum requirements of Chapter
205, Zoning, and for which there exists the legal possibility of subdivision or resubdivision.
PERFORMANCE BOND
A security which may be accepted by the municipality 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 or agency designated
by the Municipal Legislature. Securities shall include such collateral
or agreements acceptable to the Municipal Legislature or a bond issued
by a surety company to run for a term not to exceed three years; provided,
however, that the term may be extended by the Municipal Legislature
with the consent of the parties thereto.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by local regulation,
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 restricted
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 local
regulation may require.
PRELIMINARY PLAT APPROVAL
The approval of the layout of proposed subdivision as set forth in a preliminary plat, but subject to approval of the plat in final form in accordance with the provisions of §§
181-10,
181-11 and
181-12.
RESERVE STRIP
A privately owned strip of land of less width than the lot
depth permitted by the applicable regulations, bounded on one side
by a proposed street and on the other by the boundary of a subdivision
containing said proposed street.
RESUBDIVISION
A change of an approved or recorded subdivision plat, if
such change affects any street layout shown on such plat, or area
reserved thereon for public use or any change of a lot line or if
it affects any map or plan legally recorded prior to the adoption
of any regulations controlling subdivisions.
ROAD SPECIFICATIONS
The minimum acceptable standards of street construction for
proposed municipal roads within subdivisions, as promulgated by these
regulations.
SITE
The total land of any owner, whether part or all of such
owner's land is submitted for plat approval.
SKETCH PLAN
A first draft of a proposed subdivision showing the information specified in §
181-60 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 objectives of these regulations.
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, COLLECTOR
Those streets which carry traffic from minor streets to the
major system of arterial streets and highways, including the principal
entrance streets of large residential developments.
STREET, MAJOR OR ARTERIAL
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or for other heavy traffic between communities and/or
other heavy traffic-generating areas.
STREET, MARGINAL
Those streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties
and protection from through traffic.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET RIGHT-OF-WAY
The full width of a publicly-maintained traveled way, whether
acquired through dedication or by use. It may include pavement, shoulders,
ditches or gutters, culverts or sluiceways. It may be defined in metes
and bounds and be filed with the proper authorities, or it may have
been used and maintained by the public for a period of 10 years or
more.
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, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
SUBDIVISION
The division of any parcel of land into two or more lots,
blocks or sites 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 is entirely or partially undeveloped. For the purposes of these
subdivision regulations, a parcel shall be considered already to have
been subdivided into two or more lots if bisected by one or more public
streets or railroad rights-of-way.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any size subdivision
requiring any new street or extension of municipal 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 municipal 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, Official Map, if such exists, Chapter
205, Zoning, or these regulations.
SUBDIVISION, OPEN-DEVELOPMENT AREA
A subdivision containing not more than four lots, without
frontage on an existing street and not requiring any new municipal
street, street extension or extension of municipal facilities.
SUBDIVISION PLAT or FINAL PLAT
A drawing in final form, prepared in a manner prescribed
by local regulation, showing a proposed subdivision, containing in
such additional detail as shall be provided by local regulation or
any other applicable state law or local law, ordinance, rule, regulation
or resolution all information required to appear on a preliminary
plat and the modifications if any, required by the Planning Board
at the time of approval of a preliminary plat of such proposed subdivision
if such preliminary plat has been so approved.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
TAX RECORDS
A file copy of the Official Tax Map sections, showing the
configuration of parcels as of the effective date of these regulations,
and a data-processing computer printout of the real property description
cards, showing the ownership of parcels at the effective date of these
regulations, both on file in the office of the Building Inspector.
WALKWAY
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.