Subdivision Regulations - Article II

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Subdivision Regulations

(Note: This online version of the Town of Chester Subdivision Regulations is for informational purposes only and may not be the most up to date version available. Please ask at the Town Hall for an Official Version.)

ARTICLE II - DEFINITIONS

For the purposes of these regulations and the appendices thereto, certain words and terms used herein are defined as follows:

Class A Regional Subdivision - a subdivision which is classified as a Class A regional project in Section 810 of the Adirondack Park Agency Act, and set out in Appendix A hereof.

Class B Regional Subdivision - a subdivision which is classified as a Class B regional project in Section 810 of the Adirondack Park Agency Act, and set out in Appendix B hereof.

Clerk of the Planning Board - that person who shall be designated to perform the duties of the Clerk of the Planning Board for all purposes of these regulations.

Collector Street - a street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.

Dead-End Street - a street or a portion of a street with only one vehicular traffic outlet.

Family Gift SubdivisionB the division of vacant land resulting from bona fide gift, devise or inheritance by and from natural persons.  Such proposed division shall be submitted to the Planning Board for its confirmation that it constitutes a gift, devise or inheritance, in which case the division shall be deemed non-jurisdictional and shall not require Planning Board approval as a major or minor subdivision.

Lot - a designated parcel, tract or area of land established by deed, plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.

Major Street - a street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.

Major Subdivision - the division of a single parcel into at least two (2) or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate occupancy in such a way that it requires the construction of a new street or public utility or the expansion or extension of an existing street or public utility for the parcels to be developed or which involves the creation of more than four (4) lots, or in such a way that a waterfront lot is created to serve as a waterfront access lot to one or more other lots.

Master or Comprehensive Plan - a comprehensive plan, prepared by the Planning board pursuant to Section 272-a of the New York State Town Law, including any amendments to such plan.

Minor Street - a street intended to serve primarily as an access to abutting properties.

Minor Subdivision - the division of a single parcel into at least two (2) but not more than four (4) lots parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate occupancy in such a way that it does not require the construction of a new street or public utility or the expansion or extension of an existing street or public utility for the parcels to be developed or the use of a waterfront access lot.

Mobile Home - means 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 Section 270 of the Town Law.

Planning Board or Board - the Planning Board of the Town.

Preliminary Plat - a drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in Article V Section 3 of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form.

Regional Subdivision - any Class A regional subdivision or Class B regional subdivision.

Required Improvements - any activities or improvements required by Article IV of these regulations, except as such may be waived by the Planning Board, including but not limited to streets and roads, utility installations, road ditches, drainage facilities and culverts, monuments, park and recreation areas, and revegetation operations.

Sketch Plan - a sketch of a proposed subdivision showing the information specified in Article V, Section 1 of these regulations, to enable the subdivider to save time and expense in reaching general understanding with the Planning Board as to the form of the layout and the site of the proposed subdivision in relation to the provisions of these regulations.

Street or Road - includes streets, roads, avenues, lanes, or other traffic ways.

Subdivider - any person, firm, corporation, partnership or association, or an authorized representative of any of the above, who shall effect any subdivision or part thereof as defined herein.

Subdivision - any division of 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 (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. Subdivision of land shall include any map, plat or other plan of the division of land, whether or not previously filed. Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses.

Subdivision Plat or Final Plat - a drawing, in final form, showing a proposed subdivision containing all information or detail required by Section 2 or 4 of Article V of 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.

Town Representative - the person or persons duly designated by the Town Board to inspect and approve the construction and installation of required improvements under Article Ill Section 5 hereof, in relation to a given subdivision.

Zoning Ordinance - the duly enacted Zoning Ordinance of the Town of Chester.

Any word or term used in these regulations which is not defined in this Article, nor a defined word or term in the Zoning Ordinance, nor defined in its context, shall carry its customary meaning, unless otherwise stipulated.