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 plan 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 90 days in which 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 90 days.
[Amended 2-10-1987 by L.L. No. 1-1987]
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 defined by state law.
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
In final form, 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 the 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 purposes 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, COMPREHENSIVE, MUNICIPAL OR MUNICIPAL DEVELOPMENT PLAN
A comprehensive plan prepared by the Planning Board pursuant to § 7-722
of the Village Law, which indicates the general locations recommended for
various functional classes of public works, places and structures and the
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 § 7-724
of the Village Law, showing streets, highways, parks and drainage, both existing
and proposed.
OFFICIAL SUBMITTED DATE
The date on which a subdivision plat is considered officially submitted to the Planning Board pursuant to § 7-728 of the Village Law and hereby defined as the date the Planning Board receives the formal subdivision plat in proper form as provided for in Article
V 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 the Zoning Law 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 incompleted 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 and 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
Approval by the Planning Board of the layout of a 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 Article
III, §§
103-7,
103-8 and
103-9.
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 or
the Village Road Specifications adopted.
SITE
The total contiguous 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 Article
V, §
103-23, 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, land, 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 designated to serve heavy flows of traffic
and which is used primarily as a route for traffic between communities and/or
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 TAB or STUB STREET
A street designated 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 the right-of-way, measured at right angles to the center
line of the street.
SUBDIVIDER
Any person, firm, corporation, syndicate, fiduciary, trust, legal
entity, partnership, association or other who shall make application to lay
out any subdivision or part thereof as defined herein, either for himself
or others.
SUBDIVISION
The division of any parcel of land or structure into two or more
lots, blocks, sites or units 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.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of four or more lots, or any size subdivision
requiring any new street or extension of municipal facilities.
SUBDIVISION, MINOR
Any subdivision containing more than three 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 or Zoning Map, if such exists, 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 manner prescribed by local regulation,
showing a proposed subdivision and 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 the preliminary plat of such
proposed subdivision if such preliminary plat has been approved.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TAX RECORD PARCEL
The record of the owner and description of the parcel held on record
in the Orange County Department of Real Property Tax Service.
UNIT
A parcel of land or structure divided into two or more distinct portions
that will not be owned in fee simple.
VILLAGE
The Village of Florida, in the County of Orange and State of New
York.
WALKWAY
A street, right-of-way, easement, sidewalk or other land reserved
exclusively for pedestrians, bicycles, equestrians and other nonmotorized
circulation.
ZONING LAW
The Zoning Law of the Village of Florida.