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This entry was published on 2014-09-22
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Realty subdivisions; definitions
Public Health (PBH) CHAPTER 45, ARTICLE 11, TITLE 2
§ 1115. Realty subdivisions; definitions. 1. As used in sections one
thousand one hundred fifteen to one thousand one hundred eighteen of
this chapter, inclusive, the word "subdivision" shall mean any tract of
land which is divided into five or more parcels, after the effective
date of this act, along an existing or proposed street(s), highway(s),
easement(s) or right(s)-of-way for sale or for rent as residential lots
or residential building plots, and in the county of Suffolk also as
business, commercial or industrial lots or building plots, regardless of
whether the lots or plots to be sold or offered for sale, or leased for
any period of time, are described by metes and bounds or by reference to
a map or survey of the property or by any other method of description
and regardless of whether the lots or plots are contiguous. A tract of
land shall constitute a subdivision upon the sale, rental or offer for
sale or lease of the fifth residential lot or residential building plot
therefrom within any consecutive three year period, and at this time the
provisions of section eleven hundred sixteen of the public health law
shall apply to all such parcels thereof, including the first four
parcels, regardless of whether said parcels have been sold, rented or
offered for sale or lease singly or collectively.

2. The word "tract" shall mean any body of land, including contiguous
parcels of land, under one ownership or under common control of any
group of persons acting in concert as part of a common scheme or plan.

3. "Residential lot" or "residential building plot" shall mean any
parcel of land of five acres or less, any point on the boundary line of
which is less than one-half mile from any point on the boundary line of
another such lot in the same tract, unless any such lot may not legally
be used for residential purposes. Without limiting the generality of the
foregoing, the term "residential" shall include temporary, seasonal and
permanent residential use.