Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words defined in Chapter 97, Zoning (§ 97-84), shall carry the meanings contained in those definitions. Words used in the singular shall include the plural, and words used in the plural include the singular, unless the context clearly indicates the contrary. The masculine gender includes the feminine and neuter. The word "shall" is mandatory; the word "may" is permissive. The word "lot" includes the word "plot" or "parcel." The word "person" includes a corporation as well as an individual.
For the purpose of this chapter, certain words
used herein are defined as follows.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-a
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed subdivision and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the subdivision
is proposed; and a Tax Map or other map showing the site of the proposed
subdivision relative to the location of farm operations identified
in the agricultural data statement.
See "subdivider."
An area of land shown on a subdivision plat as an acceptable
location for the construction of buildings and other structures.
A street which serves or is designed primarily to serve as
a trafficway for a neighborhood or as a feeder to a major street.
A driveway serving between two and four lots, owned in common
or created by reciprocal easements.
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
A duly recorded authorization by a property owner for the
use of any designated part of his property by another for a specified
purpose.
A person licensed as a professional engineer by the State
of New York.
As defined in New York Agriculture and Markets Law, Article
25-AA, § 301(11), land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which contribute
to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including a commercial
horse boarding operation. Such farm operation may consist of one or
more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each other.
A road constructed off of an existing public street that
provides access to the interior of a parcel.
A modification of lot boundaries affecting any lot shown on an approved and filed plat in which a portion of one or more lots is added to an adjoining lot or lots without increasing the total number of buildable lots. A lot line adjustment is not a subdivision, but an amending map must be signed and recorded as provided in § 83-6.
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established either by the filing of an approved subdivision plat
or by the recording of a deed prior to the adoption of a Subdivision
Law by the Town of Goshen on June 20, 1974. Where a parcel is divided
by a public road, such division shall be deemed to create separate
lots, even if such lots do not have individual tax parcel numbers
or have been transferred in the same deed.
A street which serves or is designated to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or heavy traffic generating areas.
Any subdivision not classified as a minor subdivision.
A public or private road intended to served primarily as
an access to abutting properties.
Any lot adjustment or any subdivision or series of subdivisions containing no more than four lots over a ten-year period, not involving a new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties, and not in conflict with any provision or portion of the Comprehensive Plan. A small-scale development or conservation density development, as described in §§ 97-19 and 97-22 of Chapter 97, Zoning, is a minor subdivision only if it satisfies the above criteria.
A street, right-of-way, easement, sidewalk or other land
reserved exclusively for pedestrians, bicycles, equestrians and other
nonmotorized circulation.
The Planning Board of the Town of Goshen.
A drawing or drawings clearly marked "preliminary plat" showing
the salient features of a proposed subdivision, as specified in this
chapter, submitted to the Planning Board for purposes of consideration
prior to submission of the plat in final form and in sufficient detail
to apprise the Planning Board of the layout of the proposed subdivision.
A privately owned road serving no more than 12 lots, normally held in common ownership by a homeowners' association, except where the Planning Board has allowed the road to be owned by individual lot owners with cross-easements of access and a recorded maintenance agreement. (See § 83-18D.)
An interior road on which lots have their front lot lines,
with the rear or side portions of such lots facing existing public
roads.
A public or private way for pedestrian and vehicular traffic,
including avenue, lane, highway, or other way, excluding a driveway
or common driveway.
A first draft of a proposed subdivision showing the information specified in § 83-21, to enable the subdivider to present a conservation analysis and to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter.
Any person, firm, corporation, partnership, or association
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself or for others.
Also referred to as the "applicant."
The division of any parcel of land into two or more lots, plots, sites, or other division of land, with or without streets, for the purpose of immediate or future sale, lease, or building development, including any further subdivision of or any change to a subdivision plat filed in the office of the County Clerk which affects any area reserved thereon for public use or affects any street layout shown on such plat. A lot line adjustment or merger of adjoining lots that eliminates lot lines but does not change any lot lines is not a subdivision. (See § 83-6.) For purposes of this chapter, 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.
A drawing or drawings in final form showing a proposed subdivision
containing all information or detail required by law and by this chapter,
and which, if approved by the Planning Board, may be duly filed by
the applicant in the office of the County Clerk.
A person licensed as a land surveyor by the State of New
York.
The duly designated engineer of the Town.
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
That portion of a road which, because of its grading, base,
stormwater management, and surface, is passable in all seasons by
motor vehicles, including fire trucks and ambulances. As used in this
chapter, "traveled way" shall refer to the average width of the road.
Any stream, pond, lake, stormwater management channel or
other area that is normally or seasonally filled with water. Road
ditches and shallow land depressions generally referred to as grassed
waterways, swales, etc., that carry water only immediately (a few
to several hours) after a runoff-producing event are not considered
a watercourse. Where there is a question of whether a watercourse
exists, the Building Inspector shall conduct a site evaluation to
determine whether or not a particular channel is a watercourse. His
determination shall be final.
The Town of Goshen Zoning Law, as amended.
