Definitions. Unless otherwise expressly stated, the
following terms shall, for the purposes of this chapter, have the
meanings indicated:
ALLEY
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more nonresidential 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.
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.
BOND
Any form of security, including a cash deposit, surety bond,
collateral, property or letter of credit, in an amount and form satisfactory
to the Town Attorney. All forms of security shall be approved by the
Town Board wherever a bond is required by this chapter.
BUILDING PERMIT
An authorization issued by the Code Enforcement Officer to
commence work on a structure in accordance with approved plats and
specifications and in compliance with the Codes of New York.
CERTIFICATE OF COMPLETION
A document which certifies that all site improvements have
been completed in compliance with plans approved by the Town Planning
Board.
CLUSTER DEVELOPMENT
A subdivision plat or plats approved pursuant to § 278 of the Town Law of New York State whereby the Town Planning Board is authorized to modify certain provisions of Chapter
150, Zoning, of the Code of the Town of Owasco to provide an alternative method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open land.
COLLECTOR STREET
A dedicated street used to carry traffic from minor streets
to primary or major thoroughfares, including the principal entrance
street of a development and street for circulation within a development.
CONDITIONAL APPROVAL OF A FINAL PLAT
The approval by the Town Planning Board of a final plat subject
to conditions set forth in a resolution. Such conditional approval
does not qualify a final plat for recording in the office of the Cayuga
County Clerk nor does it provide authorization for the issuance of
building permits.
CONSTRUCTION DETAIL
The maps or drawings accompanying a subdivision plat or site
plan and showing the specific location and design of improvements
to be installed in the subdivision pursuant to the requirement of
this chapter and in conformance with the Design and Construction Standards
for Land Development of the Town of Owasco.
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.
CUL-DE-SAC
A minor street with one end open for vehicular traffic and
pedestrian access and the other end terminating in a vehicular turnaround.
DEDICATION
The deliberate unconditional appropriation of real property
by its owner for any general and public uses, in accordance with the
laws of the State of New York.
DEVELOPER
An individual, partnership, company or corporation or its
agent holding title to a parcel of land to be developed or subdivided.
DOUBLE-FRONTAGE LOT
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
DRAINAGE DISTRICT
A special district established or extended pursuant to the
Town Law of New York State for the purpose of constructing or maintaining
stormwater drainage facilities.
DRAINAGE EASEMENT
The lands or easements 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.
DRIVEWAY
An access point serving no more than two lots and providing
ingress or egress to a road or street. Mutually owned driveways must
have reciprocal easements and a common maintenance agreement.
DULY DESIGNATED OFFICER
The person or public official authorized to sign subdivision
plats or site plans pursuant to this chapter. In the absence of any
designated official, the duly designated officer shall be assumed
to be the Town Planning Board Chairperson.
EASEMENT
Authorization granted by a property owner for the use by
another of any designated part of his property for a specified purpose
not inconsistent with the general property rights of the owner.
ENGINEER
A person licensed as professional engineer (P.E.) by the
State of New York.
FINAL PLAT APPROVAL
The signing of a plat in final form by the duly authorized
officer of the Town Planning Board pursuant to a Town Planning Board
resolution granting final approval to the plat and 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 Cayuga County Clerk.
FINAL SUBDIVISION PLAT
A plat of a major subdivision prepared in accordance with Article
III of this chapter, showing the subdivision in its most detailed form and including the modifications, if any, required by the Town Planning Board at the time of approval of the preliminary plat if such preliminary plat is approved.
FLAG LOT
An approved lot generally in the shape of a flag and flagpole
which is comprised of the flag pole portion, a strip of land that
abuts the public street, has less than the minimum required roadway
frontage for lots in the zoning district in which it is located, and
which provides access to the interior portion of the lot referred
to as the "flag" which meets or exceeds the minimum lot size and area
requirements for lots in such zoning district. The flagpole access
portion of such lots shall not be considered buildable and shall not
be used in calculating the lot size and area for purposes of satisfying
the minimum lot and area requirements of the district in which the
lot is located.
FLOOD HAZARD AREA
The land in the floodplain within the community subject to
a one-percent or greater chance of flooding in any given year.
FLOOD LIMITS
The land/water boundary 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.
FLOODWAY
The channel and those parts of the adjoining floodplain which
are required to carry and discharge floodwaters without unduly raising
upstream water levels.
GRADING PLAN
A plat showing all present and proposed grades for stormwater
drainage and final site design.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce functional lots, including but not limited
to grading, paving, curbing, fire hydrants, water mains, sanitary
sewers and drains, sidewalks, pedestrian access walkways and required
plantings which may or may not be offered for dedication.
INDIVIDUAL SEWERAGE SYSTEM
A single system of piping, tanks or other facilities serving
only a single 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 plats
and specifications.
LETTER OF CREDIT
A letter taken out by the owner which guarantees the Town
that a specific amount of money will be kept available for the completion
of construction of facilities to be dedicated. This security can be
drawn on only by the Town and guarantees that certain or all improvements
will be made in accordance with the approved plats.
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 conducive to through traffic.
LOT
Land identified by legal description or tax map parcel identification
number which is filed or proposed to be filed in the County Clerk's
office. A lot is considered to be a unit of transfer or a unit for
development.
MAJOR STREET
A street designed for carrying heavy volumes of through traffic.
MINOR STREET
A street designed for a limited volume of traffic and intended
to serve primarily as an access to abutting properties.
MONUMENT
A permanent reference marker set at points as may be required
in this chapter .
OFFICIAL SUBMISSION DATE
The date on which a complete subdivision application is considered
submitted to the Clerk of the Town Planning Board. A subdivision application
shall not be considered complete until a negative declaration or a
notice of completion of the draft environmental impact statement has
been filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of a plat shall begin upon
the filing of such negative declaration or such notice of completion,
provided that all other required application documentation and information
has been submitted to the Clerk of the Town Planning Board prior to
the filing of such negative declaration or such notice of completion.
OWNER
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
or developed under this chapter.
PARALLEL ACCESS ROAD
A local street, which is parallel and adjacent to a primary
or major thoroughfare.
PARCEL
An area of land defined by a Tax Map parcel identification
number or by metes and bounds.
PARENT PARCEL
A parcel of land as it existed on the effective date of this
chapter.
PEDESTRIAN ACCESS WALKWAY
A right-of-way, municipally or privately owned, at least
12 feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
PERMANENT HIGHWAY EASEMENT
A strip of land adjacent to an existing street right-of-way
line used for any public purpose. The front lot line shall be considered
to be coincident with the permanent highway easement boundary. Front
setbacks and other necessary lot measurements shall be measured from
the permanent highway easement line. Where there is no requirement
for a permanent highway easement, the front line shall be considered
to be coincident with the existing right-of-way, with front setbacks
and any other necessary lot measurements being measured from the existing
right-of-way line.
PIN
A metal reference marker set at points as may be required
in this chapter.
PREAPPLICATION CONFERENCE
An informal meeting between the Town and a subdivider or
developer to reach an understanding of the general design and layout
of the subdivision or site. Matters to be discussed include Town policies
and procedures on the subdivision of land, a timetable for review,
general agreement concerning the project design and on the statement
of intent of the proposed subdivision.
PRELIMINARY PLAT
A tentative subdivision plat clearly marked "Preliminary Subdivision Plat," prepared in accordance with Article
III of this chapter. This plat shows in greater detail than the sketch plat features of the land, street and lot layout within and adjacent to the proposed subdivision and includes preliminary design data of the Town of Owasco for related improvements.
PRIMARY OR MAJOR THOROUGHFARE
A dedicated major road intended as a route for traffic between
other major roads, communities, shopping centers or other such major
attractors. Major thoroughfares can usually serve to collect traffic
from minor roads.
PRIVATE DRIVE
An undedicated access point serving three or four lots and
providing ingress or egress to a road or street. Private drives must
have reciprocal easements and a common maintenance agreement.
PRIVATE ROAD
An undedicated thoroughfare used as ingress or egress for
five to 10 lots with reciprocal easements and a common maintenance
agreement.
RECORD SHEET
A map or plat which provides information concerning the actual
location of improvements as built.
RESUBDIVISION
Revision of all or part of an existing filed plat including
consolidation of lots or alteration of approved lot boundaries. If
the proposed resubdivision consists solely of the simple alteration
of lot lines, then normal subdivision procedures may be waived at
the discretion of the Town Planning Board. If normal subdivision procedures
are not waived by the Town Planning Board, the resubdivision shall
be deemed to be a major or minor subdivision at the discretion of
the Town Planning Board in which case the appropriate major or minor
subdivision procedures set forth in this chapter shall apply.
RIGHT-OF-WAY
(1)
PRIVATE RIGHT-OF-WAYExisting land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipelines, rails or other special use.
SETBACK
The required space between any street or highway line and
the wall of the main structure, including any attachment thereto,
with the exception only of cornices or entrance steps.
SIGNIFICANCE DETERMINATION
A decision made by the lead agency at one or more points
in the State Environmental Quality Review process. The decision establishes
the degree to which the proposed project is likely to affect the environment.
SKETCH PLAN
A drawing prepared in accordance with §
126-13 of this chapter showing in general form the manner in which a tract of land is to be subdivided or developed.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
A formal review, pursuant to Part 617 of the New York Codes,
Rules and Regulations, which encourages productive and enjoyable harmony
between man and his environment; to promote efforts which will prevent
or eliminate damage to the environment and enhance human and community
resources; and to enrich the understanding of the ecological system,
natural, human and community resources important to the people of
the Town of Owasco.
STREET
A general term used to describe a right-of-way, publicly
or privately owned, serving as a means of vehicular and pedestrian
travel, furnishing space for public utilities, shade trees and other
improvements. The street provides a principal means of access to abutting
property. Types of streets are defined in this article and are classified
by function as follows: alley, collector street, cul-de-sac, driveway,
local street, major street, marginal access road, minor street, parallel
access road, primary or major thoroughfare, private drive, private
road and service drive.
SUBDIVIDER
Any person, firm, company, corporation, partnership or other
organization or their agent proposing a subdivision as defined herein.
SUBDIVISION
The division of any parent parcel of land into two or more
lots with or without streets for the purpose of sale, lease, license,
improvements or any other reason.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
TOWN BOARD
The municipal governing board of the Town of Owasco.
TOWN ENGINEER
The duly designated engineer for the Town of Owasco.
WETLANDS
Freshwater wetlands, including lands and submerged lands
commonly called "marshes," "swamps," "sloughs," "bogs" and "flats,"
supporting aquatic and semiaquatic types of vegetation identified
in Article 24 of the New York State Environmental Conservation Law.
ZONING LAW
The officially adopted Chapter
150, Zoning, of the Code of the Town of Owasco, as amended.
ZONING MAP
The officially adopted map of the Town of Owasco which shows
the boundaries of the zoning districts.