This chapter shall be known and may be cited as the "Subdivision
of Land Law of the Town," hereinafter referred to as "this chapter."
This chapter shall govern all cluster developments, lot consolidations,
lot line adjustments and subdivisions located within the Town, which
are outside of the Village of Penn Yan.
The purpose of this chapter is to regulate cluster developments,
lot consolidations, lot line adjustments and subdivisions within the
Town in order to:
A.Â
Protect and provide for the public health, safety and general welfare;
B.Â
Guide the future growth and development in accordance with established
standards and sound planning principles;
C.Â
Secure safety from fire, flood and other danger and to prevent overcrowding
of the land and undue congestion of population;
D.Â
Protect the character and the social and economic stability and to
encourage orderly and beneficial development;
E.Â
Establish reasonable procedures and standards for cluster developments,
lot consolidations, lot line adjustments and subdivisions in order
to further the orderly layout and use of land; and
F.Â
Ensure proper legal descriptions and monumenting of lands that are
the subject of a cluster development, lot line adjustment and subdivision.
It is the intention of the Town that this chapter, including
any subsequent amendments hereto, shall implement the recommendations
described within the Comprehensive Plan, as may be amended from time
to time.
By the authority granted by Articles 2 and 3 of Municipal Home
Rule Law of New York State and Article 16 of the Town Law of New York
State, the designated approval authority prescribed by this chapter
is authorized and empowered to approve applications for a cluster
development, lot consolidation, lot line adjustment and subdivision.
A.Â
Scope. Unless otherwise expressly stated, the following abbreviations,
acronyms and definitions shall, for the purpose of this chapter, have
the meanings shown in this chapter.
B.Â
Interchangeability. Words used in the present tense include the future;
words stated in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural, the singular.
C.Â
Terms defined in other codes. Where the terms are not defined in
this chapter and are defined in local, state or federal law, such
terms shall have the meanings ascribed to them as in such law.
D.Â
Terms not defined. Where terms are not defined by the methods authorized
by this chapter, such terms shall have the ordinarily accepted meanings
such as the context applies.
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Abbreviation/Acronym
|
Term
|
|---|---|
|
AG
|
Agriculture Zoning District of the Town
|
|
AHJ
|
Authority having jurisdiction
|
|
EAF
|
Environmental assessment form
|
|
KWIC
|
Keuka Watershed Improvement Cooperative
|
|
NOI
|
Notice of intent
|
|
NYS
|
New York State
|
|
NYSDEC
|
New York State Department of Environmental Conservation
|
|
NYSDOH
|
New York State Department of Health
|
|
NYSDOT
|
New York State Department of Transportation
|
|
SPDES
|
New York State Pollutant Discharge Elimination System
|
|
SMPS
|
Stormwater management practices
|
|
SWPPP
|
Stormwater pollution prevention plan
|
|
YCSWCD
|
Yates County Soil and Water Conservation District
|
As used in this chapter, the following terms shall have the
meanings indicated:
A person who shall have charge, care or control of any building,
land, structure, work and/or use as owner, or agent of the owner (e.g.,
attorney), or as executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the owner. Any such person representing
the actual owner shall be bound to comply with the provisions of this
chapter to the same extent as if that person was the owner.
An owner submitting an application to permit development
and/or a type of use at his/her/their lot of record in order to obtain
a determination by the designated approval authority.
Acceptable to an AHJ.
An agency, board, department, organization, office or individual
responsible for enforcing the requirements of a code or standard,
or for approving equipment, materials, an installation, project or
a procedure.
Zoning ordinance restrictions to provide a combination of
controls (e.g., lot size, building coverage, building height, yards,
etc.) for the orderly development at a lot of record, which are aimed
at providing buildings, land and/or structures with but not limited
to sufficient access, air, fire protection, light and open space.
This term shall bear the same meaning as "cluster development"
that is defined in § 278 of the Town Law of NYS.
 |
The municipal officer or other authority designated by the
Town Board who is charged with the administration and enforcement
of this chapter or any other applicable law.
The declaration of purposes and planning recommendations
to help guide the development of the Town.
Being in actual contact or touching along a boundary or at
a point, except that an area of land shall not be considered contiguous
solely by reason of a road or other right-of-way.
 |
Yates County, New York.
The County Clerk of Yates County.
An AHJ that has been charged with the review and approval
of applications as prescribed in this chapter.
A form used in the environmental review process prescribed
within the New York State Environmental Quality Review Act (SEQRA)
as that term is defined in Part 617 of Title 6 of New York Codes,
Rules and Regulations (NYCRR).
Facilities operated by governmental or quasi-governmental
agencies that provide services on behalf of the public, which are
critical to the health, safety, and welfare of the public. Essential
public services may include but are not limited to governmental offices,
parks and recreation facilities; public transit facilities; schools;
gas, electric, or steam distribution systems; water and sewer services;
communications systems; emergency services; fire protection services;
municipal animal shelter; and law enforcement services. However, such
term shall not include correctional facilities, junkyards, solid waste
management and/or transfer facilities, telecommunication facilities
and wastewater or water treatment plants.
This term shall bear the same meaning as "final plat" that
is defined in § 276 of the Town Law of NYS.
A member of the immediate family is limited to any person
who is a natural or adopted child, stepchild, spouse, sibling, grandchild,
grandparent or parent of the owner of the lot of record.
Any structure, systems, utilities or other types of work
including but not necessarily limited to roads; alleys; storm drainage
systems and ditches and dikes; sanitary sewage facilities or main
lines, and storm drainage containment facilities; and all other subgrade
utility services such as phone, gas and water.
Any improvement that is proposed to be or is dedicated to
the U.S. Federal Government, NYS or any political subdivision thereof.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
A land surveyor licensed to practice land surveying as defined
by Article 145 of the Education Law of NYS.
An area of land having defined boundaries as illustrated
on a final plat.
The consolidation of two or more contiguous lots of record
into a single lot. All lots of record that are the subject of a lot
consolidation shall have the same owner.
 |
Any boundary line of a lot.
A modification of lot lines affecting any lot of record shown
on a plat in which a portion of one or more lots is added to a contiguous
lot or lots without increasing the total number of lots.
 |
Lands designated as a separate lot on a plat or deed recorded
or to be recorded at the office of the County Clerk.
A lot, structure or use that does not comply with the Zoning
Law.[1]
A request for coverage under the SPDES General Permit for
Stormwater Discharges from Construction Activities.
An order issued by the Code Enforcement Officer pursuant
to this chapter.
Any person, agent, operator, firm or business entity having
a legal or equitable interest in the property as recorded in the official
records of the County as holding title to the property.
Any area of land established by a final plat or as otherwise
permitted by law regardless of whether it is defined as a lot or whether
it is to be developed or built upon as a unit.
A natural person, heirs, executors, administrators or assigns,
and includes a firm or business entity, its or their successors or
assigns, or the agent of any of the aforesaid.
The Planning Board of the Town.
An engineer licensed to practice professional engineering
as defined by statutory requirements of the Education Law of NYS.
An entity that operates a railroad track and/or trains. It
can either be a private or a public company.
The division of any lot of record into five or more lots,
including any remainder of the lot of record, where each lot has a
lot area of five acres or less as defined by § 1115 of the
Public Health Law of NYS and § 17-1501 of the Environmental
Conservation Law of NYS. If such division is classified as a realty
subdivision, it shall be subject to the applicable regulations of
Article 11, Title II, of the Public Health Law of NYS as well as Article
17, Title 15, of the Environmental Conservation Law of NYS.
An architect or engineer registered or licensed to practice
professional architecture or engineering as defined by statutory requirements
of the professional registration laws of NYS.
A strip of land not dedicated to public use that is located
between a lot and a public right-of-way that prevents access to such
right-of-way.
A public or private way for vehicular traffic and/or affords
the primary means of access by vehicles and pedestrians to abutting
lots, which shall include the entire area within the right-of-way.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
The rules, regulations and procedures set forth in Part 617
of Title 6 of NYCRR, which implements Article 8 of the Environmental
Conservation Law of NYS, where such state law establishes the requirement
for environmental review of actions approved, funded or directly undertaken
by state or local government.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The division of any lot of record into two or more lots,
including any remainder of the existing lot of record, with or without
roads. Lastly, the following action(s) shall not be considered a subdivision:
Divisions of land created by order of a court of competent jurisdiction.
Divisions of land that are created by the sale or other disposition
of land to the U.S. Federal Government, NYS or any political subdivision
thereof.
Divisions of land for the public acquisition of strips of land
for a road or essential public services, including its associated
rights-of-way.
Divisions of land for the acquisition of strips of land by a
railroad/railway company for a railroad right-of-way.
Formation of campsites that are located within a campground
as prescribed by the Zoning Law.[2]
Formation of burial plots that are located within a cemetery
as prescribed by the Zoning Law.[3]
Formation of manufactured housing community sites that are located
within a manufactured housing community as prescribed by the Zoning
Law.[4]
Formation of a type of ownership such as but not limited to
a condominium, cooperative (a.k.a., co-op), homeowners' association
or other type of ownership as prescribed by law.
Lot consolidation.
Lot line adjustment.
Purchase of rights to gas, oil, mineral, water or other types
of underground natural resources that are severed from the surface
ownership of the land.
 |
The Town of Milo, New York.
The Town Assessor of the Town.
The Town Attorney of the Town.
The Town Board of the Town.
The Town Clerk of the Town.
The Town Engineer of the Town.
The Town Supervisor of the Town.
The Zoning Board of Appeals of the Town.
The Zoning Law of the Town, as currently in effect and amended
from time to time.[5]
