Town of Bolton, NY Article II Definitions

§ 150-3 Definitions and word use.

A. For the purpose of these Subdivision Regulations, words used in the present tense include the future, the plural includes the singular, the word "lot" includes the word "plot," the word "building" includes the word "structure," the word "shall" is intended to be mandatory, the word "occupied" includes the words "designed for occupancy" or "intended to be occupied."

B. As used in this chapter, the following terms shall have the meanings indicated:

AREA REGULATIONS

The regulation of building size, setbacks or yards, parking and loading requirements, or similar regulations which are not related to a specific land use, but excluding performance standards.[1]

BOND

A written agreement issued by a qualified agent which guarantees either the performance of a certain agreed upon activity or an equivalent consideration if the activity is not completed as required.

BUILDING

Any structure covered by a roof, supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.

BUILDING INSPECTOR

Individual empowered by the town to administer the provisions of these Regulations except as specified otherwise herein.

CENTRAL PRIVATE UTILITY

A sewage or water system which serves a subdivision and which is paid for with nonpublic funds and without special district taxation.

CLERK OF THE PLANNING BOARD

That person who shall be designated to perform the duties of the Clerk of the Planning Board for the purposes of these regulations. The Zoning Administrator is hereby designated to perform such duties.

CLERK, TOWN

The duly elected Clerk of the town who shall act as Clerk of the Planning Board in the absence of the Zoning Administrator.

CLUSTER DEVELOPMENT

A planned development in which lots are platted with less than the minimum lot size and dimension requirements cited in the area regulations for each zone in Article IV of the Zoning Chapter for the Town of Bolton,[2] but which have access to common open space that is part of the overall development plan approved by the Planning Board.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water designated and intended for the private or public use or enjoyment of the space and may include such appurtenant structures that are necessary to allow the enjoyment of the space.

CONDOMINIUM

A multifamily project of one-family dwelling units which may consist of one, a part, or more than one building, wherein the real property title and ownership are vested in an owner, who has an undivided interest with others in the common usage areas and facilities which serve the development. The means of administration and maintenance of common areas are mutually entered into by the respective owners.

CONDOMINIUM DEVELOPMENT - DETACHED UNITS

A condominium that involves the use of detached units, single-family or two-family. The total available land for use of the entire project must equal the sum of the permitted lot sizes of the total number of units in the zone(s) within which the project is located.

CROSSWALK or WALKWAY

An accessway designed for pedestrian traffic and dedicated to public use.

EASEMENT

Deeded authorization by a property owner for the use by another of any part of his property.

ENGINEER or LICENSED PROFESSIONAL ENGINEER or EXEMPT LAND SURVEYOR

A person licensed as a professional engineer by the State of New York.

[Amended 10-2-2001 by L.L. No. 2-2001]

LETTER OF CREDIT

A letter presented to the town 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.

LOT

A parcel of land having a distinct and defined boundary as described in a separate deed, occupied or capable of being occupied by a building or buildings and for accessory buildings and/or uses, including such open spaces as are required by these regulations and having frontage on an existing or proposed road.

LOT, CORNER (DOUBLE FRONTAGE)

A lot with two sides abutting existing or proposed streets.

MOBILE HOMES

Any self-contained dwelling unit that is designed to be transported to its site on its own wheels or those of another vehicle, may contain the same water supply, sewage disposal and electric system as immobile housing and is used exclusively for either permanent or seasonal occupancy. A dwelling unit that is constructed in sections and transported to and assembled on the site is not considered a mobile home.

OFFICIAL MAP

The map established by the Town Board pursuant to § 270 of the Town Law.

PLANNING BOARD or BOARD

The Planning Board of the town.

PLAT, FINAL or SUBDIVISION PLAT

A drawing in final form, showing a proposed subdivision containing all information or detail required by law and by these regulations to be presented to the Planning Board for approval, and which if approved, may be duly filed or recorded by the applicant in the office of the County Clerk or Register.

PLAT, PRELIMINARY

A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.

PLAT, SKETCH or SKETCH PLAN

A sketch of a proposed subdivision showing the information specified in 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.

REGIONAL SUBDIVISION

Any Class A Regional Subdivision or Class B Regional Subdivision defined in Appendices A and B.[3]

(1) CLASS A REGIONAL SUBDIVISION A subdivision which is classified as a Class A Regional Project in Section 810 of the Adirondack Park Agency Act, as set out in Appendix A.

(2) CLASS B REGIONAL SUBDIVISION A subdivision which is classified as a Class B Subdivision Project in Section 810 of the Adirondack Park Agency Act and set out in Appendix B.

REQUIRED IMPROVEMENTS

Any activities or improvements required by these regulations, except as may be waived by the Planning Board, including but not limited to streets and roads, curbs, utility installations, road ditches, drainage facilities and culverts, monuments and revegetation operations.

SERVICE DISTRICT

Any private or public entity which provides a public service to residents of all or any part of the town to include, among others, fire departments, water districts and sewer districts.

STREET

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.

(1) ARTERIAL STREETS AND HIGHWAYS Those used or destined to be used primarily for fast or heavy traffic, whether existing or proposed.

(2) COLLECTOR STREETS Those which carry traffic from minor streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry some through traffic. A street which is the outlet toward an arterial street for more than 100 acres or is a main entrance to a residential development shall be considered a collector street.

(3) LOCAL STREETS Those which are used primarily for access to the abutting properties.

(4) MARGINAL ACCESS STREETS 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.

(5) DEAD-END STREET or CUL-DE-SAC A street or a portion of a street with only one vehicular traffic outlet.

STREET PAVEMENT/CARRIAGEWAY

The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH/RIGHT-OF-WAY (ROW)

The width of right-of-way, measured at right angles to the center of the street.

SUBDIVIDER

Any person, firm, corporation, partnership or association, or successors in interest to any such parties, who own land to be subdivided or their authorized agent and who shall lay out any subdivision or part thereof as defined herein.

SUBDIVISION

A division of any parcel of land into two or more lots, blocks, or sites, with or without streets or highways, for the purpose, whether immediate or future, of lease, sale or transfer of ownership or development, including the creation of, and all changes in, street or lot lines, whether by a survey and preparation of a plat or by lease or transfer by metes and bounds and including any grading, road construction, installation of utility or other improvements or land use or development preparatory or incidental to such division; provided, however, that division of land for agricultural purposes, in parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted, and provided, further, that this shall not apply to the sale of a small amount of land to correct the boundary of a lot if such sale or exchange does not create additional lots. For the purpose of these regulations, a condominium shall be reviewed as a subdivision. No parcel shall be subdivided which has been clear-cut within the previous five years.

(1) Any development of a parcel of land which involves the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be divided immediately for the purpose of conveyance, transfer or sale.

(2) The term "subdivision" includes resubdivision, and as appropriate in these regulations shall refer to the process of subdividing land or to the land subdivided.

	MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision, including, but not limited to, five or more lots, or any size subdivision requiring any new street or extension of municipal facilities. Major subdivision shall include any subdivision of a lakeshore parcel whereby a lot is created with a 10% or more deficiency in either minimum lot width or density. [Amended 12-7-1999]
	MINOR SUBDIVISION Any subdivision containing not more than four lots not in conflict with any provisions or portion of the Official Map, Zoning Ordinance,[4] or these regulations.

(3) Notwithstanding any initial division of a parcel of land as a minor subdivision, any further division of either the original parcel or any subdivided parcel by either the original property owner or a subsequent owner which results in the creation of an aggregate total of more than four lots from the original parcel within the preceding 10 years shall constitute a major subdivision.

[Added 10-2-2001 by L.L. No. 4-2001]

SURVEYOR

A person licensed as a land surveyor by the State of New York.

TOWN

The Town of Bolton in New York State.

TOWN PLAN (COMPREHENSIVE MASTER PLAN)

A comprehensive plan, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.

ZONING ORDINANCE

The duly enacted Zoning Ordinance of the Town of Bolton.[5]

[1] Editor's Note: Schedules of area regulations for the various zoning districts in the town are included at the end of Ch. 200, Zoning.

[2] Editor's Note: See Ch. 200, Zoning.

[3] Editor's Note: Appendices A and B are included at the end of this chapter.

[4] Editor's Note: See Ch. 200, Zoning.

[5] Editor's Note: See Ch. 200, Zoning.

C. The definition provided within "The (latest) Illustrated Book of Development Definitions" shall be available to supplement and assist in the application of the provisions of this chapter wherever this chapter shall fail to provide its own definition or meaning. In the event that local law, Town Code, Town ordinance or Zoning Board of Appeals interpretation defines, authorizes or provides a clear definition, stricter requirement, interpretation or specification, such Town Code, Town ordinance or Zoning Board of Appeals interpretation shall prevail.

[Added 6-3-2008]