For the purpose of this chapter, certain words
and terms used herein are as follows:
A composite of the mapped and written proposals recommending
the physical development of the Town prepared by the Planning Board
pursuant to § 272-a of the Town Law, which indicates the
general location recommended for various public works and reservations
and for the general physical development of the Town, and includes
any part of such plan separately adopted and any amendment to such
plan or parts thereof.
A short street having but one end open to traffic and the
other end being permanently by a vehicular turnaround.
An interior lot having frontage on two parallel or approximately
parallel streets.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
The lands created through authorization by a property owner
for the use by another and for a specified purpose of any designated
part of his property.
The duly designated engineer of the Town of Wales.
A piece, parcel or plot of land intended as a unit for transfer
of ownership or for development.
The map established by the Town Board under § 270
of the Town Law showing the streets, highways and parks heretofore
laid out, adopted and established by law and any amendments thereto
adopted by the Town Board or additions thereto resulting from the
approval of subdivision plats by the Town Board and the subsequent
filing of such approved plats.
The date when a subdivision plat shall be considered submitted to the Town Board as provided in § 276 of the Town Law, and is hereby defined to be the date of a meeting of the Town Board at which all required surveys, plans and data described in Article VI are submitted.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Town Board approves a
plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
The Town of Wales Planning Board as established pursuant
to the provisions of Article 16 of the Town Law.
The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted to the Town Board for its consideration and meeting the requirements of Article VI.
Revision of all or part of an existing filed plat, including
consolidation of lots.
The appropriate part of the Soil Survey for Erie County,
as prepared cooperatively by the United States Soil Conservation Service
and the Cornell Experiment Station, dated 1970 or later.
Any street, avenue, boulevard, road, lane, parkway, alley
or other way which is an existing state, county or Town roadway or
way shown upon a plat therefore approved pursuant to law or approved
by official action or a street or way on a plat duly filed and recorded
in the office of the County Clerk of Erie County prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking area and other area within the street lines. For the purpose
of this chapter, "streets" shall be classified as follows:
ARTERIAL STREETSThose which do or are intended to carry heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets.
MINOR STREETS or LOCAL RESIDENTIAL STREETSThose which are used primarily for access to the abutting properties.
MARGINAL SERVICE STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service to the back or the side of properties otherwise abutting on a street.
The wearing or exposed surface of the roadway used by vehicular
traffic.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
The distance between property lines or right-of-way lines.
Any person, firm, corporation, partnership or association
which shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself or others.
Any tract of land which is divided into five or more parcels,
effective August 1, 1977, along any 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, regardless of whether
the lots or plots to be sold or offered for sale or lease for any
period of time are described by metes or bounds or by reference to
a man 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 sale, rental or offer
for sale or lease of the fifth residential lot or residential building
plot therefrom within any consecutive three-year period, including
the first four parcels, regardless of whether said parcels have been
sold, rented or offered for sale, either singly or collectively. 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. "Residential
building plot or lot" shall mean any parcel of land of five acres
or less, any point on the boundary line of which is less than 1/2
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
purpose. Without limiting the generality of the foregoing, the term
"residential" shall include temporary, seasonal and permanent residential
use. "Subdivision" does not include any parcel of land acquired as
one parcel for the residential purposes as provided in the New York
Public Health Law § 1115-a.
[Amended 5-11-1993 by L.L. No. 1-1993]
The division of any agricultural land transferred between
farms for agricultural purposes shall not be considered a subdivision
and is therefore exempt from these regulations.
A drawing or drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by these
regulations to be presented to the Town Board for approval and which,
if approved, may be duly filed or recorded by the applicant in the
office of the Erie County Clerk.
The officially adopted Zoning Ordinance of the Town of Wales,
together with any and all amendments thereto.[1]
