New York Public Health Code § 1115

Realty subdivisions; definitions
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§ 1115. Realty subdivisions; definitions.  1. As used in sections one\nthousand one hundred fifteen to one thousand one hundred eighteen of\nthis chapter, inclusive, the word "subdivision" shall mean any tract of\nland which is divided into five or more parcels, after the effective\ndate of this act, along an existing or proposed street(s), highway(s),\neasement(s) or right(s)-of-way for sale or for rent as residential lots\nor residential building plots, and in the county of Suffolk also as\nbusiness, commercial or industrial lots or building plots, regardless of\nwhether the lots or plots to be sold or offered for sale, or leased for\nany period of time, are described by metes and bounds or by reference to\na map or survey of the property or by any other method of description\nand regardless of whether the lots or plots are contiguous. A tract of\nland shall constitute a subdivision upon the sale, rental or offer for\nsale or lease of the fifth residential lot or residential building plot\ntherefrom within any consecutive three year period, and at this time the\nprovisions of section eleven hundred sixteen of the public health law\nshall apply to all such parcels thereof, including the first four\nparcels, regardless of whether said parcels have been sold, rented or\noffered for sale or lease singly or collectively.\n  2. The word "tract" shall mean any body of land, including contiguous\nparcels of land, under one ownership or under common control of any\ngroup of persons acting in concert as part of a common scheme or plan.\n  3. "Residential lot" or "residential building plot" shall mean any\nparcel of land of five acres or less, any point on the boundary line of\nwhich is less than one-half mile from any point on the boundary line of\nanother such lot in the same tract, unless any such lot may not legally\nbe used for residential purposes. Without limiting the generality of the\nforegoing, the term "residential" shall include temporary, seasonal and\npermanent residential use.\n

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