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Local Law No. 3 of the Year 1998

Subdivision Regulations


2.0 Definitions
2.1 General
As used in this Law, 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 Law are defined as mandatory.

2.1.1 For the purpose of this Law, the following terms shall be considered interchangeable.

(1) The words "Law," "regulation(s)" and "Law".

(2) The terms "Town" and "Town of Lumberland".

(3) The terms "subdivider" and "developer" and the terms "Subdivision", and "development".

(4) The terms "State Environmental Quality Review Act" and "SEQRA".

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

2.2 Glossary of Terms
The following is a list of specific terms, found elsewhere in the Law, along with definitions of their intended meaning:

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

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.

APPLICANT - 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 of lines at the outer edge of the roadway, for the accommodation of stopped vehicles and for lateral support.

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 in 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 an 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, right-of-way or similar public facilities.

CONSERVATION SUBDIVISION - A form of development for single-family residential subdivisions that permits 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, and no less than 50% of the total land area is devoted to permanent open space.

COUNTY - The County of Sullivan, State of New York, and its planning agency.
CUL-DE-SAC - A minor street providing a single access to a group of lots with a turn-about area at the end of the 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 Law, 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.
DRIVEWAY - A defined private access from an individual lot to a public or approved right-of-way.
DWELLING - A building arranged, intended, designed, or used as the living quarters for one or more families living independently or each other upon the premises.  The term "dwelling" shall not be deemed to include hotel, motel, rooming house or tourist home.

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

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

C. DWELLING, MULTI-FAMILY - A building arranged, designed and intended for and occupies by three (3) 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 lesee or owner of the property shall not erect any permanent structure, but shall have the right to make any other use of that 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 a 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.

A. LOT AREA - The 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.

B. LOT IMPROVEMENT - A division or redivision of land wherein lot area is shifted from one parcel to another so to improve the shape or dimension of each.

C. LOT WIDTH - The average of the widths of a lot at the building setback line and the rear lot line.

MAJOR SUBDIVISION - Any subdivision or land development which is not a minor subdivision or lot improvement.  Any subdivision which involves the utilization of central sewage disposal systems or water supplies, the construction of any streets, or the utilization of conservation subdivision techniques shall also be considered a major subdivision, regardless of the number of lots.

MINOR SUBDIVISION - A subdivision or development containing not more than ten lots, or a cumulative development on a lot-by-lot basis for a  total of ten (10) lots, of any original tract of land record (i.e., not previously subdivided or developed subsequent to the effective date of this Law, by the owner or the owner's duly appointed agent) where no new streets or access is required.

ON-SITE SEWAGE or WATER SUPPLY - Any sewage system designed to; (1) treat sewage by subsurface means or (2) to provide water from a drilled well or spring; within the boundaries of an individual lot.  See "CENTRAL SEWAGE or 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 the roadway, solid surface material conforming to the standards of the Town of Lumberland Road Law.
PERFORMANCE or COMPLETION GUARANTEE - A surely bond, certified check, or other security meeting the requirements of Section 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.
PERSON - Any individual, firm, trust, partnership, public or private association or corporation, or other entity.
PLAT - A drawing, map, chart, plan, or plotting indicating the subdivision or re-subdivision of land, which in its various stages of preparation can include the following:

A. SKETCH PLAN - A general plan, identified as such with the title "Sketch Plan" on the map, indicating existing site features of a tract of land 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 case of conservation subdivisions, determining allowable density.

B. PRELIMINARY PLAT - A complete plan prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "Preliminary Plat" in the title, accurately showing proposed streets and lot layout and such other information as required by this Law.

C. FINAL PLAT - A complete and exact plan, identified as such with the wording "Final Plat" in the title, with a professional engineer's or registered surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the Preliminary Plat.

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

SUBDIVIDER - Same as DEVELOPER.

SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in the existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or divisees, transfer of ownership or building or lot development.

SURVEYOR - A land surveyor licensed by the State of New York.
TOWN - Town of Lumberland, Sullivan County, New York.
TOWN BOARD - Governing council - the Town of Lumberland.

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 - New York State Town Law which governs the operation of all Towns within the State.

WATERCOURSE - A discernable, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lover elevations including intermittent streams but excepting drainage ditches, swales or diversion terraces.

ZONING LAW - The Town of Lumberland Zoning Law, which includes specifications for lot sizes, other development standards, a schedule of permitted uses and supplementary regulations.


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