ABSTRACT

The definitional section of the regulations, like many other parts of the Model Regulations, is intended to provide specificity in areas where ambiguity would lead to confusion and the opportunity to evade the requirements. The failure to include an adequate and comprehensive set of definitions in any statute or ordinance can only lead to uncertainty in the long run—both for the community and the developer. The imprecision may be either in the enabling statute itself or in the subdivision regulations. Subdivision approval of cooperative and condominium units is a case in point. A distinction must be made between the conversion of a multifamily apartment building to a cooperative or condominium, and the initial construction of such units. The Model Regulations provide, in line with all statutory authority, that a violation of the regulations by subdividing without planning commission approval is subject to criminal and civil sanction.