N.Y. Public Health Law § 1115: Realty subdivisions; definitions

§ 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.