A.
The following rules of construction of language shall
apply to the text of this chapter.
(1)
All words used in the present tense include the future
tense.
(2)
All words in the plural number include the singular number
and all words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction of
the wording indicates otherwise.
(3)
The word "person" includes an individual, firm, association,
partnership, corporation or other similar entity.
(4)
Unless otherwise specified, all distances shall be measured
horizontally along the ground.
(5)
The word "building" includes the word "structure."
(6)
"Lot" includes the words "plot," "parcel," "tract," or
"site."
(7)
The word "premises" includes a lot and all buildings
or structures thereon.
(8)
"To erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate" for
a building and "to relocate" a building by moving it from one location to
another.
(9)
"Used" shall be deemed also to include "designated, intended
or arranged to be used or occupied."
(10)
"Shall" is mandatory; "may" is permissive and discretionary.
(11)
"He" shall include the feminine gender "she."
B.
APPLICANT
CLUSTER DEVELOPMENT
CODE ENFORCEMENT OFFICER
COMPREHENSIVE PLAN
CONDITIONAL APPROVAL
CURB
DEVELOPER
DEVELOPMENT
DIRECTOR OF PUBLIC WORKS
EASEMENT
ENGINEER
ENVIRONMENTAL ASSESSMENT FORM
ENVIRONMENTAL IMPACT STATEMENT
FINAL PLAT
FINAL PLAT APPROVAL
LOT
OFFICIAL MAP
OWNER
PLANNING BOARD
PRELIMINARY PLAT
RESUBDIVISION
SERVICE DRIVES
SIDEWALK
SKETCH PLAN
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, DEAD-END OR CUL-DE-SAC
STREET, MARGINAL ACCESS
STREET, MINOR OR LOCAL
STREET PAVEMENT
STREET, PRIVATE
STREET WIDTH
SUBDIVIDER
SUBDIVISION
SURVEYOR
TOWN BOARD
UNDEVELOPED PLAT
The following words or phrases as used in this chapter
are defined as follows.
See the definition for SUBDIVIDER.
A subdivision design that incorporates modifications to minimum lot
size and setback requirements in order to provide open space within the development
and/or more efficient or appropriate use of land, provided that the number
of lots or dwelling units does not exceed that which would be permitted in
a subdivision design which meets all of the applicable zoning requirements,
including lot size and setbacks.
The official or officials designated by the Town Board of the Town
of Albion to enforce the provisions of this chapter.
The Comprehensive Plan is the plan, prepared and adopted by the Town
Board, which indicates the general locations recommended for various functional
classes of public works, places and structures and for the general physical
development of the Town and includes any unit or part of such plan separately
prepared and any amendment to such plan or parts therein. The term "Comprehensive
Plan" shall also include the Town Zoning Ordinance[1] and other policy documents and regulations adopted by the Town.
Approval of a final plat subject to conditions set forth in a resolution
conditionally approving such plat by the Planning Board. Such conditional
approval does not qualify a final plat for recording, nor does it authorize
the issuance of any building permits, prior to the signing of the plat by
the Chairman or a designee and the recording of the plat in the Office of
the Orleans County Clerk.
A vertical edge along a street.
See the definition for SUBDIVIDER.
Any man-made change to improved or unimproved real estate including,
but not limited to, buildings or other structures, paving, storage of equipment
or materials, mining, dredging, filling, excavation or drilling operations.
The person designated to act on behalf of the Town of Albion by the
Town Board with regards to streets, drainage and other public improvements.
Authorization by a property owner involving a designated part of
his property for use by another for a specified purpose.
A person licensed as a professional civil engineer by the State of
New York.
A form used to determine the environmental significance of an action,
in accordance with the State Environmental Quality Review Act[2] (SEQR) regulations.
A written document, prepared in accordance with State Environmental
Quality Review Act (SEQR) regulations, which documents the potential environmental
impacts of a proposed action and alternatives.
A thawing, in final form, showing a proposed subdivision containing all information or detail required by law and, as specified in Article IV of this chapter, submitted to the Planning Board for approval and which, if approved, may be filed or recorded by the applicant in the Office of the Orleans County Clerk.
The signing of a plat in final form by the Mayor or a designee pursuant
to a Planning Board resolution granting final approval of the plat, or after
conditions specified in a resolution granting conditional approval of the
plat are completed. Such final approval qualifies the plat for recording in
the Office of the Orleans County Clerk.
A parcel of land whose boundaries have been established by a legal
instrument such as a recorded deed or a recorded map and which is recognized
as a separate legal entity for the purpose of use or transfer of title.
The map established by the Town Board pursuant to § 270
of New York State Town Law, showing existing and proposed streets, highways,
parks and drainage areas.
See the definition for SUBDIVIDER.
The Planning Board of the Town of Albion.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article IV of this chapter, submitted to the Planning Board for consideration prior to the submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
A change to a filed deed description or a change in a map of an approved
or filed subdivision plat if such change affects any lot lines, any street
layout or area reserved for public use.
Vehicular driveways which are used primarily for vehicular service
access to the back or the side of properties.
A paved path provided for pedestrian use, usually located along the
side of a street.
A thawing which illustrates the proposed layout of streets, lots
and other features of a proposed subdivision in relation to existing conditions
for the purpose of obtaining the advice of the Planning Board before the preparation
of a preliminary plat.
Refers to the New York State law (Article 8 of the Environmental
Conservation Law) and regulations (6 NYCRR Part 617) which require public
agencies to consider the potential environmental impacts of an action before
such action is approved or undertaken.
A way designed primarily to accommodate the flow of vehicular traffic.
A street may be designated as a "road," "drive," "avenue," "lane" or other
similar term.
A street, normally a state highway, which serves or is designed to
serve heavy volumes of traffic and which is used primarily as a route for
traffic between communities and/or other heavy traffic generating areas.
A street which serves or is designed to carry traffic from minor
streets to the arterial street system.
A street or a portion of a street with only one vehicular outlet.
A minor street which is parallel and adjacent to an arterial street
and which provides access to abutting properties and protection from through
traffic.
A street used primarily to provide access to abutting properties.
The surface of the roadway used by vehicular traffic.
A minor or local street which is not a publicly dedicated street.
The width of the right-of-way, measured at right angles to the center
line of the street.
Any person who shall lay out any subdivision or part thereof (as
defined herein), either for oneself or for others.
A division of land into four or more lots (including the remaining
portion of the original parcel) within a period of three years, or a division
of land that requires construction of a new street.
A person licensed as a land surveyor by the State of New York.
The legislative body of the Town of Albion, New York.
A plat existing at the time of the enactment of this chapter that
has been filed in the Office of the Orleans County Clerk, where 20% or more
of the lots within said plat remain to be developed, excluding therefrom those
lots where existing natural conditions (such as poor drainage) have prevented
development.
