Words used in the present tense shall include
the future tense. The singular number shall include the plural number
and the plural number the singular number. The word "shall" is mandatory;
the word "may" is permissive. The word "building" shall include the
word "structure."
For the purpose of this chapter, meanings of the following words and phrases shall be defined in this Article
II.
As used in this chapter, the following terms
shall have the meanings indicated:
ANGLE OF REPOSE RESERVE
The area comprised of any land adjacent to a continuous or intermittent watercourse where there is a slope of 12º or greater. This area is established by a twelve-degree angle beginning at the intersection of the slope with the horizontal plane of the watercourse, running perpendicular to the slope, and terminating at grade elevation. Also see, "setback, angle of repose reserve" and §
247-31A.
BLOCK
The land adjoining one side of a street between two consecutive
junctions of said street with roads, railway rights-of-way or waterways
crossing or meeting said side of street.
BUILDING ENVELOPE
The buildable area of a lot, determined by the horizontal distance between the property lines and the required side, front and rear yard, watercourse, angle of repose reserve setback and protected slope reserve setbacks, as set forth in Chapter
280, Zoning, beyond which no building may take place.
BULK REGULATIONS
Zoning requirements related to such things as lot area, yard dimensions, percentage of lot covered and regulations other than land use. Such requirements are set forth in Chapter
280, Zoning.
CLUSTER DEVELOPMENT
The subdivision of an area into lots which are smaller than would customarily be permitted by Chapter
280, Zoning, the density of development is no greater than would be permitted in the district by conventional development, and the residual land produced by the smaller lot size is used for common recreation and open space. (See §
280-28 of Chapter
280, Zoning).
DRAINAGE
The gravitational movement of a liquid substance, normally
water, from its place of origin via surface runoff within or outside
developed channels or via baseflow (subsurface) or overland flow.
EASEMENT
Authorization by a property owner for the use by another,
for a specified purpose, of any designated part of the owner's property.
EROSION
The process by which the surface of land is worn away by
the action of water, wind and/or rain.
EROSION AND SEDIMENT CONTROL PLAN
A plan showing mitigation measures, such as vegetation and
structures, in sufficient quantity and substance to prevent erosion
and sedimentation; also includes a schedule for the implementation
of such plan.
FINAL PLAT
The drawing and supporting documentation of a subdivision, prepared and signed by a professional, licensed by the State of New York to perform such duties, containing all information required by §§
247-9 and
247-16 of this chapter.
FRONT LOT
A lot located between a keyhole lot and the road or street.
[Added 2-6-1996]
HIGHWAY DEVELOPMENT POLICY
The resolution, adopted by the Town Board, which regulates
the design, construction and dedication of streets and highways and
other subdivision infrastructure systems, in the Town of Guilderland.
KEYHOLE ACCESS
The narrow strip of land, generally uniform in width, that
provides the keyhole lot with access to a public road or street. The
width of the keyhole access shall not be less than 20 feet at any
point. The area of the keyhole access shall not be counted for the
purpose of determining the minimum lot area compliance.
[Added 2-6-1996]
KEYHOLE LOT
A lot located to the rear of another lot but is connected
to a public right-of-way by a strip of land at least 20 feet wide.
[Amended 2-6-1996]
LOT
A parcel of land, with or without buildings or structures,
delineated by property lines and recorded in the Office of the County
Clerk of Albany County.
MASTER PLAN
The comprehensive plan for the development of the Town and
including any part of such plan separately prepared and any amendment
to such plan.
OPEN SPACE, ACTIVE
Land dedicated for communal use, which is relatively flat,
well-drained and accessible, and can be used for a variety of physical
recreational activities such as softball, soccer or football.
OPEN SPACE, AESTHETIC
Land dedicated for communal use that can be used for passive
recreational activities, is aesthetically pleasing, topographically
interesting or otherwise unique.
PRELIMINARY PLAT
The drawing and supporting documentation of a proposed subdivision, prepared by a professional, licensed by the State of New York to perform such duties, containing all information and detail required by §
247-14 of this chapter.
PROTECTED SLOPE RESERVE
The area comprised of any land where there is a slope of 30º or greater, and the difference in elevation between the horizontal planes at the bottom and top of the slope is 20 feet or greater. This area is established as any slope 30º or greater. Also see, "setback, protected slope reserve" and §
247-31B.
RESUBDIVISION
The creation of new or different lots from a previously legally
subdivided tract, parcel or parcels shown on a plat officially filed
with the Albany County Clerk's office.
SEQR (STATE ENVIRONMENTAL QUALITY REVIEW)
A portion of the Environmental Conservation Law which incorporates
the consideration of environmental factors in the planning, review
and decisionmaking process at the earliest possible time.
SETBACK
The minimum allowable horizontal distance from a given point
or line of reference, such as a street, right-of-way or future right-of-way
if such has been determined, to the nearest vertical wall or other
element of a building or structure.
SETBACK, WATERCOURSE
A horizontal distance of 100 feet away from and parallel to the high water level of a continuous or intermittent watercourse. Also see §
247-31C.
STREET
Thoroughfare, highway or roads.
STREET, COLLECTOR
A street which carries traffic from subdivision streets to
the arterial highways. Collectors may also serve as secondary arterials
to carry traffic.
STREET, CUL-DE-SAC
A street with only one vehicular traffic outlet, culminating
in a turnaround.
STREET, LOOP
A street with only one vehicular traffic outlet which loops
around back onto itself.
STREET, MARGINAL ACCESS
A street adjacent and parallel to an arterial or collector
street, the function of which is to limit access points between the
arterial or collector street and the abutting properties.
STREET, PRIVATE
A private thoroughfare or right-of-way, dedicated or deeded
for use as such, which provides access to abutting properties from
a public street.
STREET, PUBLIC
An existing municipal highway or road, shown upon a subdivision
plat approved by the Planning Board and dedicated and accepted by
the Town Board, or on a plat duly filed and recorded in the office
of the County Clerk prior to the appointment of the Planning Board
and the grant to such Board of the power to approve subdivision plats.
STREET WIDTH
The distance between property lines on opposite sides of
the road.
SUBDIVIDER
Any person, firm, corporation, partnership, association or
their representative who proposes to apportion land.
SUBDIVISION
Any division of a parcel of land, including resubdivision.
SUBDIVISION, MAJOR
A subdivision containing five or more parcels along any existing or proposed street, highway, easement or right-of-way; or any subdivision requiring the creation of a new street or extension of municipal facilities; or any subdivision deemed to be a major subdivision under the provisions of §
247-8G(5) of this chapter. After the effective date of these regulations, a tract of land shall constitute a major subdivision upon the proposed creation of the fifth lot or building lot irrespective of the length of time which may elapse prior to the time the fifth lot is proposed for creation. Upon that event, all provisions applying to major subdivisions shall apply to the subdivision of the fifth lot and all other proposed subdivisions of the original tract of land, at that time and subsequently.
SUBDIVISION, MINOR
A subdivision containing four or fewer lots along an existing
street, highway, easement or right-of-way and not requiring the installation
of a new street or municipal facilities.
TOWN
The Town of Guilderland.
TOWN-DESIGNATED ENGINEER
An engineering firm, appointed by the Planning Board, to
represent the Town in the subdivision review, construction and dedication
process.
TRACT
Any body of land, including contiguous parcels of land under
one ownership or under common control of any group of persons, even
if such land is divided by a street.
WATERCOURSE, CONTINUOUS
A spring, stream, marsh or channel in which water historically
flows continuously 12 months a year.