Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
ALLEY
A public or private way not more than 40 feet wide affording only
secondary means of access to abutting properties.
APPLICANT
The owner of land proposed to be subdivided or developed or his agent.
Proof of agency shall be required from the legal owner of the land proposed
to be subdivided.
ARCHITECT
A person licensed as an architect by the State of New York.
ARTICLE 16
Whenever the term "Article 16" shall appear in this chapter it shall
be understood to mean Article 16, Chapter 62 of the Consolidated Town Law
as it may be amended from time to time.
BLOCK
A tract of land bounded by streets, or by a combination of streets
and public parks, cemeteries, railroad rights-of-way, shorelines of waterways,
or boundary lines of other municipalities.
BOARD
The Town of Farmington Planning Board created pursuant to Town Law
§ 271, as amended. Also see "Town Board."
BOARD OF HEALTH
The New York State Department of Health or the Farmington Town Board convened as a Board of Health pursuant to this Chapter
144 of the Farmington Town Code.
BOND
Any form of security, including a cash deposit, surety bond, collateral,
property, or letter of credit, in an amount acceptable to the Town Board and
form satisfactory to the Town Attorney. Wherever a bond is required by this
chapter alternate forms of security shall be approved by the Town Attorney.
CLERK OF THE PLANNING BOARD
For purposes of this chapter and the submission of plats for approval
pursuant to Town Law § 276, as amended, the Clerk of the Board shall
be the Planning Board Secretary and the office of the Clerk shall be at the
Farmington Town Hall on the first and third Wednesday evening of the month
commencing at 7:00 p.m. local time. In the event that the position entitled
"Planning Board Secretary" is vacant then the Clerk of the Planning Board
shall be the Planning Board Chairman until such time as the vacancy is filled
by appointment.
CLUSTERING
A manner of designing subdivisions whereby lots are more densely concentrated than would generally be permitted by Chapter
165, Zoning, provided that when taken as a whole the density within the subdivision is no greater than that permitted by Chapter
165, Zoning. The purposes of such a design are to enable and encourage the development of land in such a manner as will promote the most appropriate use of the land, will facilitate the adequate and economical provision of street and utilities, and will preserve the natural and scenic qualities of open lands.
COLLECTOR STREET
A dedicated street used to carry traffic from minor streets to primary
or major thoroughfares.
COMMUNITY FACILITY
Any development or improvement the purpose of which is to benefit
the common interests of the residents of the Town or the residents of a particular
portion of the Town.
CONDITIONAL APPROVAL OF FINAL PLAN
The approval by the Planning Board of a final plan subject to conditions
set forth in a resolution. Such conditional approval does not qualify a final
plan for recording in the office of the Ontario County Clerk. Also see "final
approval."
CONSTRUCTION DETAIL
The maps or drawings accompanying a subdivision plan showing the
specific location, size and design of all subdivision improvements.
CONTRACTOR
An agent acting for the developer to construct the required improvements
of the project. The contractor is responsible to perform the work in conformance
with these requirements subject to the approval of Town officials.
CROSSWALK
A designated portion of a right-of-way designed to provide safe pedestrian
access to land on the opposite side of the right-of-way.
DEVELOPER
An individual, partnership or corporation or agent thereof holding
title to a parcel of land and applying for permits to develop land.
DIRECTOR OF DEVELOPMENT
The public official appointed by the Town Board to be responsible
for the activities of the Town Development Department.
DIVISION OF LAND
The division of any parcel of land into two or more parcels or lots.
DOUBLE FRONTAGE LOT
A lot having at least two boundaries abutting separate streets, which
do not intersect.
DRAINAGE DISTRICT
A special improvement district established or extended for the purpose
of constructing and maintaining stormwater drainage facilities. Also see "special
improvement district."
DRAINAGE EASEMENT
Easements required for the installation or periodic maintenance of
stormwater sewers, drainage ditches or detention facilities providing for
the flow of water therein to safeguard the public and the environment against
danger from flood or erosion.
DRIVEWAY
A corridor of suitable grade, width and stability providing safe
and adequate pedestrian and vehicular access to a lot and the structures thereon
from an intersecting public right-of-way.
DULY DESIGNATED OFFICER
The person or public official authorized by a resolution of the Planning
Board to sign subdivision or site plans pursuant to this chapter. In the absence
of any contrary designation by the Planning Board, the duly designated officer
shall be the Planning Board Chairman.
ENGINEER
A person licensed as professional engineer (P.E.) by the State of
New York.
FINAL APPROVAL
The signature of the Planning Board Chairman upon an approved final
plan pursuant to a resolution of the Planning Board approving or conditionally
approving the final plan.
FINAL PLAT
A plan showing the layout of a proposed subdivision and containing in such detail as is described in §§
144-13 and
144-14 of this chapter all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board when approving the preliminary plat.
FLOOD HAZARD AREA
Land in a floodplain subject to a one-percent or greater chance of
flooding in any given calendar year.
FLOOD LIMITS
The high-water elevation of a natural watercourse flowing at its
one-hundred-year frequency as defined by a responsible agency, such as the
United States Army Corps of Engineers or the Federal Emergency Management
Agency (FEMA).
FLOODPLAIN
Areas adjoining a watercourse, which are flooded as a result of a
severe combination of meteorological and hydrologic conditions.
FLOODWAY
The channel and those parts of the adjoining floodplain which are
required to carry and discharge floodwater and which may not be obstructed
without unduly raising upstream water levels.
GRADING PLAN
A topological plan showing all present and proposed elevation contours
at such intervals of elevation as are required herein.
IMPROVEMENTS
Those physical additions and changes to the land, whether or not
offered for dedication, that are designed to produce functional lots. Improvements
include, but are not limited to, grading, paving, curbing, fire hydrants,
water mains, sanitary sewers and drains, individual sewage systems, stormwater
sewers, ditches, ponds and culverts, sidewalks, crosswalks, and required plantings.
INDIVIDUAL SEWAGE SYSTEM
An independent system of piping, tanks or other facilities serving
a lot and disposing of sewage or other liquid wastes into the soil of the
lot.
INSPECTOR
An agent of the Town empowered to inspect the progress of the project
and compliance of the construction with the approved plots and specifications.
INTERIOR WALK
A right-of-way for pedestrian use extending from a street into a
lot or across a block to another street.
LETTER OF CREDIT
An instrument issued by a bank, which guarantees the availability
of funds in a specific amount for withdrawal by the Town and is intended to
guarantee the complete and satisfactory construction of improvements in accordance
with approved plans. Also see "bond."
LOCAL STREET
A dedicated minor street which has the dual purpose of providing
limited access for traffic and access to individual properties. Local streets
are not intended to serve through traffic.
LOT
See "lot," Town Code Chapter
165.
MONUMENT
A permanent reference marker set at points as required in this chapter.
OFFICIAL SUBMISSION DATE
The date upon which a subdivision plan shall be considered submitted
to the Planning Board and which is hereby limited to dates upon which there
is held a scheduled Planning Board meeting.
OWNER
Any person, group of persons, association, partnership, corporation
or other legal entity having legal title to or sufficient proprietary interest
in the land sought to be subdivided or developed under this chapter.
PARCEL
An area of land delineated as a contiguous unit by a Tax Map approved
by the New York State Board of Equalization and Assessment or metes and bounds description.
PARENT PARCEL
A parcel, combination of parcels, or tract from which two or more
derivative parcels or lots are created by division.
PAVEMENT
That portion of a street or alley intended for vehicular use, which
consists of a hard surface.
PERMANENT HIGHWAY EASEMENT
A strip of land adjacent to an existing street right-of-way line
used for a public purpose. The front lot line shall be considered to be coincident
with the permanent highway easement boundary. Where there is no requirement,
a "permanent highway easement," the front lot line shall be considered to
be coincident with the existing right-of-way line.
PIN
A metal reference marker set at points as required in this chapter.
PLAN
A drawing or set of drawings indicating the manner or layout of a
subdivision which is to be submitted for approval together with all required
improvements and appurtenances. Types of plans include sketch, preliminary
and final. Each type of plan requires a different level of detail.
PLAN APPROVAL
The approval of the Planning Board of a final or preliminary plan
set forth in a resolution. Plan approvals may include modifications, and approvals
of final plans may be conditional. A resolution of the Planning Board approving
a plan does not constitute final approval and does not qualify a plan for
recording in the office of Ontario County Clerk. Also see "final approval."
PLANNING BOARD
The Town of Farmington Planning Board duly constituted pursuant to
Town Law § 271, as amended.
PLAT, PRELIMINARY
A drawing prepared in a manner prescribed by local regulation, showing
the layout of a proposed subdivision including but not limited to, road and
lot layout and approximate dimensions, key plan, topography and drainage,
all proposed facilities not sized, including preliminary plans and profiles,
at a suitable scale and in such detail as local regulation may require.
PLAT, FINAL
A drawing prepared in a manner prescribed by local regulation, showing
the layout of a proposed subdivision, containing in such additional detail
as shall be provided by local regulation all information required to appear
on a preliminary plat and modifications, if any, required by the Planning
Board at the time of approval of a preliminary plat of such proposed subdivision,
if such preliminary plat has been so approved.
PLAT, FINAL APPROVAL
A plat in final form that is ready for signing by the duly authorized
officer of the Planning Board after a resolution granting final approval of
the plat has been completed. Such final approval qualifies the plat for recording
in the office of the County Clerk.
PLAT, FINAL APPROVAL WITH CONDITIONS
The approval of a final plat subject to conditions set forth by the
Planning Board in a resolution conditionally approving such plat. Such conditional
approval does not qualify a final plat for recording nor authorize the issuance
of building permits prior to the signing of the plat by a duly authorized
officer of the Planning Board and recording of the plat in the office of the
County Clerk.
PREAPPLICATION CONFERENCE
An informal meeting between the planning and zoning staff and a subdivider or developer to discuss the general design and layout of the subdivision or site. Matters also to be discussed include Town policies and procedures regarding the subdivision of land, a probable timetable for review, and the subdivider's intent concerning a proposed subdivision. See §
144-9.
PRELIMINARY PLAN
A plan showing the layout of a proposed subdivision which includes road and lot layout and approximate dimensions, key plan, topography and drainage facilities unsized, prepared in a manner consistent with §§
144-11 and
144-12 of this chapter.
RECORD SHEET
A map, plan or plat which provides information concerning the actual
location of improvements as built.
RESUBDIVISION
Revision of all or part of an existing filed subdivision plan or
plans, including consolidation of lots, annexation of land to lots or any
other alteration of approved lot boundaries.
RIGHT-OF-WAY
The line determining the street or highway limit of public ownership.
(1)
PRIVATE RIGHT-OF-WAYLand owned by a non-public agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special uses.
ROAD
See "street," Town Code Chapter
165.
SECRETARY TO THE DEVELOPMENT OFFICE
That person appointed by the Town Board and charged with the duties
of receiving and processing applications, insuring compliance with Town Code
requirements and the requirements of the General Municipal Law and New York
State Town Law. The office of the Secretary to the Development Office shall
be located in the Town Hall.
SIDEWALK
A concrete pedestrianway five feet in width, constructed within a
dedicated ten-foot-wide easement and running across the entire frontage of
a site.
SIGNIFICANCE DETERMINATION
A decision made by a lead agency under SEQR which establishes the
degree to which a proposed action is likely to affect the environment.
SKETCH PLAN
An informal plan to scale, indicating existing features of a tract and its surroundings and the general layout of a proposed subdivision prepared in a manner consistent with §
144-10 of this chapter.
SPECIAL IMPROVEMENT DISTRICT
A district established and administered pursuant to Article 12, 12A
or 12C, Chapter 62 of the New York State Consolidated Laws to provide public
improvements and/or services.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
A formal review pursuant to Part 617 of the New York Codes, Rules
and Regulations which seeks to ensure a productive and enjoyable harmony between
man and his environment, and promotes efforts which will prevent or eliminate
damage to the environment and enhance human and natural resources.
STATEMENT OF INTENT
A binding statement of intentions submitted by an applicant for the
purpose of clarifying current or future development intentions and submitted
as a condition for obtaining plan approval.
SUBDIVIDER
Any person, association, partnership, or agent thereof, proposing
subdivision as defined herein.
SUBDIVISION
Any tract of land which is developed by division into two or more
lots along an existing or proposed street, highway, easement, or right-of-way
for purposes of conveyance, improvement, sale or rent or are offered for sale
or leased for any period of time, whether such lots are described by metes
and bounds, by reference to a map, survey of the property or by any other
method of description and regardless of whether the lots or plots are contiguous.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
TOWN BOARD
The Town Board of the Town of Farmington.
TOWN ENGINEER
The duly designated Engineer for the Town of Farmington.
TRACT
Any body of land, including contiguous parcels of land, under the
common ownership or control of any owner, developer or subdivider acting in
concert as part of a common scheme or plan.
WETLANDS
Freshwater wetlands including lands and submerged lands, commonly
called marshes, swamps, sloughs, bogs and flats supporting aquatic and semiaquatic
types identified in Article 24 of the New York State Conservation Law or by
any applicable federal law or regulation.
ZONING LAW
The officially adopted Zoning Law also known as Chapter
165 of the Town of Farmington Town Code, as amended from time to time.
ZONING MAP
The Official Zoning Map of the Town of Farmington, which shows the
boundaries of zoning districts within the Town, as amended from time to time.