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.
For the purpose of this chapter, the following terms shall be considered interchangeable:
The words "law" and "regulation(s)."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The terms "Town" and "Town of Tusten."
The terms "subdivider" and "developer" and the terms "subdivision" and "development."
The terms "State Environmental Quality Review Act" and "SEQRA."
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 is a list of specific terms, found elsewhere in the law, along with definitions of their intended meaning:
- A measure of land area equal to 43,560 square feet.
- ALL-WEATHER SURFACED
- The surfacing of a street, parking area, access or walkway to a mud-free or otherwise permanently passable condition during all seasons of the year and under adverse weather conditions. Macadam, gravel, crushed stone and shale surfaces will all suffice to meet this test, but the depth and installation of the material shall be subject to the approval of the Town Engineer.
- A permanent service way providing a secondary means of access to abutting lands.
- A landowner, developer or subdivider, as hereinafter defined, who has filed an application for subdivision plat approval, including heirs, successors and assigns.
- BERM OR 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.
- 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.
- A structure formed of any combination of materials which 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 OR WATER SUPPLY
- A sewage system or 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 parcel of land. See "on-site sewage or water supply" for further information.
- CLEAR SIGHT TRIANGLE
- An area of unobstructed vision at a street intersection(s), defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.
- 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.
- COMMON PROPERTY
- All of the land and improvements part of a subdivision which is to be jointly owned and maintained by the lot owners, lessees and/or members of the subdivision and identified as such by the subdivider on any plat offered to the Town for approval.
- A. An application which includes the following:
- (1) All information concerning the proposed subdivision in the format required by the applicable provisions of this chapter;
- (2) All application fees required by this chapter and the professional review fee escrow deposit, if any, required by the Planning Board;
- (3) An EAF assessing the potential environmental impacts of the proposed subdivision; and
- (4) A determination by the reviewing agency, or by the lead agency in the event of coordinated review, that the proposed project is not likely to have a significant impact on the environment (negative declaration), or the filing of a notice of completion of a DEIS in accordance with the provisions of SEQRA.
- CONSERVATION SUBDIVISION
- A form of development for single-family residential subdivisions that permits a reduction in lot area and other development standards, provided there is no increase in the number of lots permitted under a conventional subdivision, given the specific site conditions. See Tusten Zoning Law, Article VII.
- The County of Sullivan, State of New York, and its planning agency.
- A minor street providing a single access to a group of lots with a turn-about area at the end of such street.
- The New York State Department of Environmental Conservation.
- 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 plat 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 this project may vary.
- A defined private access from an individual lot to a public or approved private right-of-way.
- 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 a hotel, motel, rooming house or tourist home. Also called a "dwelling unit."
- 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.
- 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.
- 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 AREA
- The area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included within a street right-of-way, private streets and parking areas, within the boundaries of an easement granted to a public utility or under water, other than stream crossings, shall not be included in calculating lot area.
- LOT LINE ADJUSTMENT
- A type of subdivision resulting in a modification in the boundary of an existing, legally established lot which does not result in the creation of any new lot nor create any nonconformity with respect to any area or bulk requirement established by the Town Zoning Law, the Sullivan County Health Department, the New York State Uniform Fire Prevention and Building Code or other applicable law, rule or regulation. A lot line adjustment between adjacent property owners shall be exempt from the requirements of these regulations, provided such adjustment meets the criteria in § 3.7 of this chapter.
- LOT WIDTH
- The distance between the two side lot lines measured at the required front setback line.
- LOT, PARENT
- A parcel of land legally in existence, or combination of such parcels, proposed to be subdivided or resubdivided.
- ON-SITE SEWAGE OR WATER SUPPLY
- Any sewage system designed to: 1) treat sewage by subsurface means; or 2) provide water from a drilled well or spring; within the boundaries of an individual lot. See "central sewage or water supply" for further information.
- An area of land resulting from the division of a tract of land for the purposes of transfer of ownership, use or improvement.
- Improvement of the traveled portion of a roadway with a hard, solid surface material conforming to the standards of the Town of Tusten Road Law.
- PERFORMANCE OR COMPLETION GUARANTEE
- A surety bond, certified check or other security meeting the requirements of § 277 of the Town Law, and the terms of which are satisfactory to the Town Attorney, guaranteeing the subdivider will install all required or planned improvements.
- Any individual, firm, trust, partnership, public or private association or corporation, or other entity.
- 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:
- The Clerk or Secretary designated to accept applications, plats, fees and correspondence on behalf of the Town of Tusten Planning Board.
- SKETCH PLAN
- A 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, in the case of conservation subdivisions, determining allowable density.
- A highway or road intended primarily for the purposes of vehicular traffic, including the following:
- Same as "developer."
- The division or resubdivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. A condominium constitutes a subdivision. See also "lot line adjustment."
- SUBDIVISION, MAJOR
- Any subdivision or land development which is not a minor subdivision or lot line adjustment. Any subdivision which involves the utilization of central sewage disposal systems or water supplies or the construction of any streets shall also be considered a major subdivision, regardless of the number of lots. In addition, whenever, as the result of repeated minor subdivision of the same parcel within a five-year period, a proposed subdivision would result in the creation of more than five lots from the original parcel within said five-year period, said proposed subdivision will be deemed a major subdivision.
- SUBDIVISION, MINOR
- A subdivision or development containing not more than five lots and not involving the utilization of central sewage disposal systems or water supplies or the construction of any streets.
- A land surveyor licensed by the State of New York.
- The Town of Tusten, Sullivan County, New York.
- TOWN BOARD
- The governing council of the Town of Tusten.
- TOWN ENGINEER
- A professional engineer licensed as such by the State of New York and appointed or hired on a consulting basis to provide engineering advice to the Town.
- TOWN LAW
- The New York State Town Law, which governs the operation of all towns within the state.
- TOWN ROAD SPECIFICATIONS
- The standards of the Town of Tusten pertaining to the approval of streets by the Town Highway Superintendent and the acceptance of such streets for formal dedication to the Town.
- A discernible, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations, including intermittent streams but excepting drainage ditches, swales or diversion terraces.