A.
The following definitions are to be read and interpreted
in the total context of these regulations as construed by the Planning
Board to implement the intent and meaning of these subdivision regulations.
B.
APA
AS-BUILT DRAWING
BOARD
BOUNDARY LINE ADJUSTMENT
CONSTRUCTION
EASEMENT
ENGINEER, LICENSED PROFESSIONAL
ENGINEER, TOWN
ESCROW FOR CONSTRUCTION INSPECTION
FINAL PLAT
FINAL PLAT APPROVAL
FINAL PLAT, CONDITIONAL APPROVAL
FINAL REVIEW
FINAL SUBMISSION
HOMEOWNERS' ASSOCIATION
LETTER OF CREDIT
LOT, BUILDABLE
LOT, CORNER
LOT, FLAG
LOTS, DOUBLE FRONTAGE
MAINTENANCE BOND
MASTER PLAN
MUNICIPAL UTILITIES
OFFICIAL MAP
OWNER
PERFORMANCE BOND
PRECONSTRUCTION
PRELIMINARY PLAT
PRELIMINARY PLAT APPROVAL
PRELIMINARY REVIEW
PRELIMINARY SUBMISSION
RECREATION FEE
ROADWAY
SKETCH PLAN
STREET
(1)
(2)
(3)
(4)
STREET, DEAD-END or CUL-DE-SAC
SUBDIVISION
SUBDIVISION, CUMULATIVE
SUBDIVISION, FAMILY
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURVEYOR, LAND
TOWN
As used in this chapter, the following terms shall
have the meanings indicated:
Adirondack Park Agency.
Plats and plan/profiles submitted by the owner, prior to
dedication of roads or utilities to the town, showing all construction
as it has occurred in the field, i.e, roads, monuments, sanitary sewers,
storm sewers, waterlines and valves (etc.), gas mains, electric lines,
telephone lines, cable television, all other cable and conduit, etc.
The Planning Board of Corinth or any person authorized by
the Planning Board to act as its representative.
The legal adjustment of boundary lines between two legally
created abutting lots, tracts or parcels, which creates no additional
lot, tract, parcel or site and which results in no lot, tract, parcel
or site that contains insufficient area and dimension to meet minimum
development requirements for a building site.
[Added 3-12-2009 by L.L. No. 2-2009]
Refers to paving, utility and miscellaneous construction
in public rights-of-way or easements as shown on the subdivision development
map and not privately owned construction covered by building permits.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
The duly designated engineer of the town.
An escrow account established by the owner for inspection
fees incurred by the town during construction.
The final map upon which the owner's plan of subdivision
is presented to the Planning Board for approval and which, if approved,
shall be submitted to the County Clerk for recording. The "final plat"
is submitted as part of the final submission.
The signing of a final plat by a duly authorized officer
of the 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. "Final plat approval" qualifies
the plat for recording in the office of the County Clerk or register,
in the county in which such plat is located.
The approval of a final plat subject to conditions set forth
by the Board in a resolution conditionally approving such plat. Such
conditional approval does not qualify a final plat for recording nor
does it authorize issuance of building permits prior to the signing
of the plat by a duly authorized officer of the Board and recording
of the plat in the office of the County Clerk in accordance with the
applicable provisions of Town Law.
The complete process of reviewing a final submission and
issuing a final approval or disapproval by the Board.
The final plat and all other documents the subdivider is
required to submit for final review of a subdivision by the Board.
A contract agreed to by owners of homes in any area that
provides regulations for the operation and maintenance of commonly
owned facilities and/or open space.
A letter taken out by the owner from a bank which guarantees
the town that a specific amount of money will be kept available for
the completion of subdivision construction, to be drawn on only by
the town.
A lot on which the proposed structure can be built on a stabilized
foundation with any required erosion control and with supporting utilities,
including water supply and waste disposal, and which can be located
within required setbacks and in an acceptable engineering fashion.
Changes in drainage patterns must not adversely affect neighboring
properties or threaten the structures proposed for the lot.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135º.
A lot with a driveway access strip having a minimum width
of 20 feet, fronting on a public road and providing access to the
buildable portion of the lot. The "flag lot" shall be large enough
to contain the minimum lot area required by applicable town law, if
any, without including the area within the driveway access strip.
Building setbacks shall be measured from the lot lines of the buildable
portion of the lot.
[Amended 12-5-1996 by L.L. No. 2-1996]
Lots with the rear and front lot lines abutting existing
or proposed streets.
A letter of credit or bond for 20% of total construction
costs submitted by the owner to the town prior to dedication of municipal
utilities or roadways and to be utilized by the town for any necessary
repair of municipal utilities or roadways for a period of one year
after dedication of such municipal utilities or roadways.
A Comprehensive Plan for the development of the town as authorized
in § 272-a of the Town Law.
Includes facilities which would ultimately be owned by the
town or other agency, such as water mains, sanitary sewers and storm
sewers.
A map established by the Town Board under § 270
of the Town Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law and all changes or additions
thereto made under the provisions of the Town Law.
The owner of the land proposed to be subdivided or his agent.
An obligation, in writing, under seal, issued by a surety
company satisfactory to the town binding the obligor to pay a sum
of money to the town if the obligor fails to satisfactorily install
and/or maintain improvements as required under § 277 of
the Town Law, as amended.
[Amended 12-5-1996 by L.L. No. 2-1996]
Any activity begun prior to application for subdivision or
a building permit disturbing five or more acres of ground, whether
or not the disturbance is contiguous or occurs on contiguous tracts.
Excavation for sewer, water and utility lines, emergencies, site investigations
and customary agricultural activity are to be exempt.
A drawing showing the salient features of a proposed subdivision
submitted to the Planning Board for its consideration prior to submission
of the final plat. The "preliminary plat" is submitted as part of
the preliminary submission.
Approval by the Planning Board of the layout of proposed
subdivision as set forth in a preliminary plat, but subject to approval
of the plat in final form.
The complete process of reviewing a preliminary submission
and issuing a conditional approval, conditional approval with modifications
or disapproval by the Board.
The preliminary plat and all other documents required for
preliminary review of a subdivision by the Board.
A fee to be charged for a major subdivision to an owner,
in the amount specified in Appendix 1 of this chapter[1] in lieu of dedicated land areas for recreation. Such fee
shall be deposited in the town's general recreation fund to be used
at the discretion of the town for recreational purposes. A "recreation
fee" is not required for a minor subdivision.
The portion of a street which is designated for vehicle use.
A sketch of a proposed subdivision showing the information specified in § 112-3 of this chapter to enable the owner 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.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, thruway, road, avenue, boulevard,
lane, cul-de-sac, place or however otherwise designated, and includes
the entire area within the right-of-way.
ARTERIAL STREET AND HIGHWAYThose streets used or destined to be used primarily for fast or heavy traffic whether existing or proposed. A list of arterial streets shall be maintained on file by the Planning Board at the Town Hall. The Planning Board shall have the power and authority to amend, change or supplement that list as the Board deems fit and proper.
COLLECTOR STREETThose streets which carry traffic from local streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry some through traffic.
LOCAL STREETThose streets which are used primarily for access to the lots fronting on those streets.
MARGINAL ACCESS STREET (service roads)Minor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
A street or a portion of a street with only one vehicular
traffic outlet.
A division of any land into two or more lots, parcels or
sites, whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy by any person or by
any other person controlled by or under common control with any such
person or group of persons acting in concert as part of a common scheme
or plan. The sale of a landowner's entire ownership on one side of
a public road or highway will not be considered a subdivision requiring
approval. Any lot created pursuant to the preceding sentence will
be deemed created as of the date of the conveyance which divides the
land along the road or highway. No building permit shall be issued
for any such lot which is not in compliance with the area requirements
for the zoning district in which it is located.
[Amended 8-5-1993; 12-14-2000 by L.L. No.
1-2000; 3-12-2009 by L.L. No. 2-2009]
Any subdivision of the same original parcel of land into
four or more lots by the same owner(s) or by any other person controlled
by or under common control with any such original owner(s) acting
in concert as part of a common scheme shall be considered a major
subdivision as defined by this chapter with respect to future subdivisions,
irrespective of the fact that an application seeks to only subdivide
less than four lots at the present application. The purpose hereof
is to prevent circumvention of the intent of this chapter by segmentation
of a project.
[Added 8-5-1993]
The division of land by and from immediate members of a family,
whether or not such conveyance is a bona fide gift, devise or inheritance.
A family subdivision shall constitute a subdivision and shall be subject
to review by the Planning Board, but the fee for subdivision application
shall be waived. "Immediate members of a family" is defined to include
grandparents, parents, sons, daughters, the spouse of a son or a daughter,
grandsons and granddaughters.
[Added 7-8-2004 by L.L. No. 6-2004;
amended 4-14-2005 by L.L. No. 1-2005; 3-12-2009 by L.L. No. 2-2009]
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 or construction
of municipal utilities. The division of land resulting from a bona
fide gift, devise or inheritance by and from natural persons shall
not constitute a subdivision and shall not be subject to review by
the Planning Board.
[Amended 12-18-1995 by L.L. No. 3-1995; 7-8-2004 by L.L. No. 6-2004]
Any subdivision containing not more than three lots fronting
on an existing street, not involving any new street or road or the
extension or construction of municipal utilities 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 applicable Town law, if any, or this
chapter. The division of land resulting from a bona fide gift, devise
or inheritance by and from natural persons shall constitute a subdivision
and shall be subject to review by the Planning Board.
[Amended 12-18-1995 by L.L. No. 3-1995; 12-5-1996 by L.L. No. 2-1996; 7-8-2004 by L.L. No. 6-2004; 3-12-2009 by L.L. No. 2-2009]
A person licensed as a land surveyor by the State of New
York.
The Town Board of Corinth, the Highway Superintendent of
Corinth or other official responsible by law for the function referred
to. It may also refer to the person authorized to act as the representative
of the responsible official or officials.
[1]
Editor's Note: Appendix 1, Subdivision Fee
Schedule, is on file in the Town Clerk's office.
A.
Whenever a time limit is specified in this chapter,
the Board may extend the limit upon request by the owner, provided
that the Board is legally empowered to do so.
B.
When any subdivision of land is proposed to be made
within the unincorporated sections of the town and before any contract
for the sale of or any offer to sell such subdivided land or any part
thereof is made, before any preconstruction and/or construction is
begun; and before any building or use permit shall be granted, the
owner shall obtain preliminary and/or final subdivision approval by
the Planning Board as provided for hereinafter.
[Amended 8-5-1993]
