Town of Bethel, NY Definitions

As used in this chapter, words in the singular include the plural and those in the plural include the singular.

The words "shall" and "will" for the purpose of this chapter are defined as mandatory.

ADVERSE IMPACTS ON GROUNDWATER

For the purpose of this chapter, the following terms shall be considered interchangeable:

(a)

The terms "Town" and "Town of Bethel."

(b)

The terms "subdivider" and "developer" and the terms "subdivision" and "development."

(c)

The terms "State Environmental Quality Review Act" and "SEQRA."

(4)

Unless otherwise expressly stated, the following definitions shall, for the purpose of this chapter, have the meaning herein indicated. Any pertinent word or term not a part of this listing shall be construed to have its legal definition.

Glossary of terms. The following is a list of specific terms, found elsewhere in this chapter, along with definitions of their intended meaning:

A significant reduction in groundwater levels or changes in groundwater quality that limit the ability of an existing groundwater user to withdraw groundwater.

ALLEY

A permanent service way providing a secondary means of access to abutting lands.

APPLICANT

A landowner, developer or subdivider, as hereinafter defined, who has filed an application for plan approval, including heirs, successors and assigns.

BLOCK

A tract of land or a lot or group of lots bounded by streets, public parks, railroad rights-of-way, watercourses, bodies of water, boundary lines of the Town, or by any combination of the above.

BUILDING

A structure formed of any combination of materials that is erected on the ground and permanently affixed thereto, and designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind.

CENTRAL SEWAGE

A private or public sewage system designed to serve more than one dwelling unit or building; not including the use of a single disposal system for two or more dwellings on the same lot. See "on-site sewage system" for further information.

CENTRAL WATER SUPPLY

A private or public water supply system designed to serve more than one dwelling unit or building; not including the use of a single well or disposal system for two dwellings on the same lot. See "on-site water supply" for further information.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a subdivision, which parcel or parcels have been designed and intended for the use or enjoyment of 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.

CONSERVATION AREAS (PRIMARY)

Bodies of water, one-hundred-year floodplains, federal and state wetlands and slopes over 20% grade.

CONSERVATION AREAS (SECONDARY)

Viewpoints, stone walls, groves of large trees, rock ledges and other areas of value to a subdivision or as conservation features, as shall be determined by the Planning Board and subdivider.

COUNTY

The County of Sullivan, New York.

CUL-DE-SAC

A minor street providing a single access to a group of lots with a turnabout area at the end of such street.

DEC

The New York State Department of Environmental Conservation.

DEVELOPER

The owner, or authorized agent of the owner, including but not limited to any individual, partnership or corporation, that undertakes a subdivision or any of the activities covered by this chapter, particularly the preparation of a subdivision plan showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term "subdivider," even though the personnel involved in successive stages of a project may vary.

DRIVEWAY

A defined private access from an individual lot to a public or approved private right-of-way.

DWELLING

A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or tourist home.

DWELLING, SINGLE-FAMILYA building arranged, designed and intended for, and occupied exclusively by, one family.

DWELLING, TWO-FAMILYA building arranged, designed and intended for, and occupied by, two families living independently.

DWELLING, MULTIFAMILYA building arranged, designed and intended for, and occupied by, three or more families living independently and having no cooking or sanitary facilities in common with any other dwelling unit; including apartment houses, apartment hotels, flats and garden apartments.

EASEMENT

A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public or private purpose, and within which the lessee or 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 grantee.

FRONTAGE

That side of a lot abutting on a street or way and ordinarily regarded as the front lot, but it shall not be considered as the ordinary side of a corner lot.

LOT

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.

LOT AREAThe 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 shall not be included in calculating lot area.

LOT IMPROVEMENTA division or redivision of land wherein lot area is shifted from one parcel to another so to improve the shape or dimension of each. See § 300-13 hereof for further clarification.

LOT WIDTHThe average of the widths of a lot at the building setback line and the rear lot line.

NATURAL SUBDIVISION

Parcels separated by an existing Town, county or state highway that is maintained year-round.

ON-SITE SEWAGE SYSTEM

An individual sewage system designed to treat sewage by subsurface means within the boundaries of an individual lot. See "central sewage" for further information.

ON-SITE WATER SUPPLY

An individual system designed to provide water from a drilled well or spring within the boundaries of an individual lot. See "central water supply" for further information.

PARCEL

An area of land resulting from the division of a tract of land for the purposes of transfer of ownership, use or improvement.

PAVEMENT

Improvement of the traveled portion of a roadway with a hard, solid surface material conforming to the standards of Chapter A350, Street Specifications, of the Code of the Town.

PERFORMANCE GUARANTEE

It is the intention of the Town to supersede Town Law § 277 and accept only a letter of credit or cash equivalent guaranteeing that the subdivider will install all required or planned improvements in form and substance consistent with § 300-17 of this chapter.

PERSON

Any individual, firm, trust, partnership, public or private association or corporation, or other entity.

PLAN

A drawing, map, chart, plan or plotting indicating the subdivision or resubdivision of land, which in its various stages of preparation can include the following:

SKETCH PLANA general plan, identified as such with the title "Sketch Plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for conceptual consideration by the Town Planning Board, site inspection and determining allowable density.

PRELIMINARY PLANA complete plan prepared by a licensed professional engineer or surveyor, identified as such with the wording "Preliminary Plan" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.

FINAL PLANA complete and exact plan, identified as such with the wording "Final Plan" in the title, with a licensed professional engineer's or surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the preliminary plan.

SECRETARY

The clerk or secretary designated to accept applications, plans, fees and correspondence on behalf of the Town Planning Board.

SHOULDER

That portion of a roadway between the outer edge of the traveled way or pavement and the point of intersection of the slope lines at the outer edge of the roadway, for the accommodation of stopped vehicles and for lateral support.

STATE

State of New York.

STREET

A highway or road intended primarily for the purposes of vehicular traffic, including the following:

STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.

STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it to major streets.

STREET, MAJORA road, the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways.

SUBDIVIDER

Same as "developer."

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other division of land by any means for the purpose, whether immediate or future, of transfer of ownership or building development, excepting lot improvements and natural subdivisions as defined in § 300-13 hereof.

MINOR SUBDIVISIONAny subdivision containing not more than four lots fronting on an existing street, not involving the extension of municipal facilities.