For the purpose of these regulations, certain
words and terms shall have the following meanings:
APPLICANT
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the owner of the premises.
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 and 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.
[Amended 8-21-1995 by L.L. No. 5-1995]
EASEMENT
Authorization by a property owner for the use of any designated
part of his property by another and for a specified purpose.
HIGHWAY SUPERINTENDENT
The Town of New Berlin Superintendent of Highways or a duly
authorized or designated representative.
LOT
Any individual plot, parcel, tract or site of land identified
on a subdivision map or by recorded survey, deed, description or metes
and bounds for the purpose of scale, lease, donation or separate use.
[Amended 11-5-1990]
LOT DEPTH
The horizontal distance between the front and rear lot lines,
measured in the general direction of side lot lines.
LOT WIDTH
The width measured at right angles to the lot depth.
OFFICIAL MAP
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed.
OWNER
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land to be subdivided under
these regulations.
PLANNING BOARD
The Planning Board of the Town of New Berlin, Chenango County,
New York.
PRELIMINARY PLAT
A drawing or drawings clearly marked "Preliminary Plat," showing the salient features of a proposed subdivision, as specified in §
135-16 of these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in §
135-14 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
Includes streets, roads, avenues, lanes or other traffic
ways for a neighborhood or as a feeder to major street.
STREET, COLLECTOR
A street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to major street.
STREET, MAJOR
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 other heavy traffic generating areas.
STREET, MINOR
A street intended to serve primarily as an access to abutting
residential properties.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET WIDTH
The width of a right-of-way, measured at right angles to
the center line of the street.
SUBDIVIDER
Any person who, having an interest in land, causes it directly
or indirectly to be divided into a subdivision or who 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 plat in a subdivision or who 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 plat in a subdivision and who is directly or
indirectly controlled by or under direct or indirect common control
with any of the foregoing.
SUBDIVISION
The division of any parcel of land into two or more lots,
blocks or sites, 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.
[Amended 11-5-1990; 8-21-1995 by L.L. No. 5-1995]
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 utilities.
SUBDIVISION, MINOR
Any subdivision containing not more than four or fewer than
three lots unless previously subdivided as a simple subdivision and
where the lot depth to lot width ratio of any lot does not exceed
three to one and all lots have a minimum road frontage of 250 feet,
fronting an existing street, and do not involve any new street or
road or the extension of municipal utilities and are not in conflict
with any provision or portion of the Comprehensive Plan, Official
Map or Zoning Ordinance, if these exist, or these subdivision regulations.
After two "minor subdivisions" have been developed in the same area
by the same applicant or his agent, any subsequent subdivision by
said applicant in such area shall follow appropriate procedures for
major subdivisions, as set forth in these regulations.
[Amended 8-21-1995 by L.L. No. 5-1995; 3-8-1999 by L.L. No. 2-1999]
SUBDIVISION PLAT OR FINAL PLAT
A drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by these
subdivision regulations to be presented to the Planning Board for
approval, and which, if approved, shall be duly filed or recorded
by the applicant in the office of the County Clerk.
SUBDIVISION, SIMPLE[Added 3-8-1999 by L.L. No. 2-1999]:
A.
A one-time subdivision of land resulting in
two lots. Real property may only be subdivided by this definition
once. Any subsequent subdivision of land previously subdivided as
a simple subdivision, regardless of the number of resulting lots,
must be approved by the Planning Board as a minor or major subdivision
as provided herein.
B.
The lots of a simple subdivision must conform
to the requirements of a lot set forth in the definition of a minor
subdivision.
SURVEY
A land survey stamped and signed by a surveyor showing all
of the requirements of an approved subdivision sketch plan.
[Added 3-14-2016 by L.L. No. 1-2016]
SURVEYOR
A person licensed as a land surveyor by the State of New
York.