A.
As used in these regulations, words in the singular
include the plural and those in the plural include the singular. The
words "shall" and "will," for the purpose of these regulations, are
defined as mandatory.
B.
For the purpose of these regulations, the following
terms shall be considered interchangeable:
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 terms
shall have the following meanings:
A landowner, subdivider or developer, who has filed an application
for a subdivision, including the applicant's heirs, successors and
assigns.
Forms provided to the Planning Board, with full answers to
all requests for pertinent information regarding a property proposed
for subdivision, along with the requisite information regarding the
property, accompanied by all supporting documentation, graphic and
otherwise, necessary for the Board to make a decision appropriate
to its stage of review.
The line within a property defining the required minimum
distances between any structure and the adjacent right-of-way or property
line of any lot. The setback shall be measured from the edge of the
right-of-way bordering the property.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site designed and intended
for the use or enjoyment of the 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 or
land development which are to be owned and maintained by the lot owners
or Association members of the development and identified as such by
the subdivider.
The County of Sullivan, State of New York.
The appropriation of land by its owner for any general or
public uses. This shall not be construed as acceptance by the Town
of responsibility for maintenance or ownership of such land and attendant
facilities, except where appropriate legal documents specifically
relating to the same have been executed.
Opening excavated vertically from ground surface to a minimum
depth of six feet or solid ledge rock, whichever occurs first, to
expose groundwater conditions and subsurface soil stratas for examination.
An easement required for installation of stormwater sewers
or drainage ditches or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A defined private access from an individual lot to a public
highway or approved right-of-way.
A right granted, but not dedicated, for limited use of private
land for a public, quasipublic or private purpose, and within which
the 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 holder of the easement.
A drawing that shows a proposed subdivision, containing in
such additional detail all information required to be shown on a preliminary
plat and the modifications, if any, required by the Planning Board
at the time of approval of the preliminary plat if such preliminary
plat has been so approved.
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional final approval of the plat are
completed. Such final approval qualifies the plat for recording in
the office of the County Clerk.
Approval by the 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.
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 in a street
right-of-way, designated wetland, utility right-of-way or land under
water shall not be included in calculating lot area.
A division of land or combination of lots exempt from the
formal subdivision review process.
The distance between the two side lot lines at the building
setback line.
Any subdivision which is not a minor subdivision or lot improvement.
Any subdivision which involves the utilization of a community water
supply or community sewage disposal system, the construction of any
streets or the utilization of clustering techniques shall be considered
a major subdivision, regardless of the number of lots.
A subdivision containing not more than four lots of any original
tract of land of record, i.e., not previously subdivided or developed
subsequent to adoption of subdivision regulations by the Town of Liberty
on August 17, 1972.
A measurement of the rate of downward flow or infiltration
of water through the pores or spaces of the soil.
Any individual, firm, trust, partnership, public or private
association, corporation or other entity.
The Town of Liberty Planning Board.
An individual appointed by the Town Board responsible for
application and plat intake, collection of fees, publishing and mailing
notices of meetings and hearings and keeping the official minutes
and records for the Planning Board. The term shall include one or
more duly appointed individuals to assist the Planning Board Secretary
with his or her duties.
A drawing showing the layout of a proposed subdivision, 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 the Planning Board may require.
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.
A person licensed to practice engineering within the State
of New York.
Land reserved for use as a road, street, alley or walkway.
The distance one can see in any direction from a given point
on a street.
An informal plan, identified as such with the words "Sketch
Plan" in the title, indicating salient existing features of a tract
and its surroundings and the general layout of the proposed subdivision.
Article 8 of the Environmental Conservation Law and the implementing
regulations relating thereto. State Environmental Quality Review Act
is referred to herein as "SEQRA."
The division of any parcel of land into a number of lots,
blocks or sites with or without streets or highways, for the purpose
of sale, transfer of ownership or development.
A land surveyor licensed by the State of New York or a professional
engineer state-approved to provide similar services.
A visible path through which surface water travels on a regular
basis, including an intermittent stream. A drainage ditch, swale or
surface feature that contains water only during and immediately after
a rainstorm shall not be considered to be a watercourse.
