For the purpose of this chapter, certain words and terms used
herein are defined as follows:
CONDITIONAL APPROVAL OF A FINAL PLAT
Approval by the Planning Board 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 issuance of any 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 Genesee
County Clerk as herein provided.
CUL-DE-SAC
A short street having but one end open to traffic and the
other end being permanently terminated by a vehicular turnaround.
DRAINAGE RIGHT-OF-WAY
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 flow damage.
EASEMENT
Rights in a specific portion of real property created by
the owner for a particular use by another.
FINAL PLAT
A drawing, prepared by a New York State licensed professional engineer or land surveyor (with appropriate certification), showing a proposed subdivision meeting the requirements of Article
VI, together with any other applicable laws and/or regulations, to be submitted to the Planning Board for approval, and which, if approved, may be filed or recorded by the subdivider in the office of the Genesee County Clerk.
FINAL PLAT APPROVAL
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to a Planning Board resolution
granting final approval to 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 Genesee County Clerk.
FORMAL OFFER TO SELL
Any offer to sell land which involves a form of public offering,
including, but not limited to, real estate listings, auction listings,
media advertising (printed, radio, television, etc.) or use of signs.
LAND SEPARATION
A.
Any division of land into four or fewer lots within a three-year
period, where all such developable lots or parcels:
(1)
Front on an existing public street;
(2)
Do not require the extension of municipal facilities; and
(3)
Comply with all the area requirements (i.e., lot width, lot area, etc.) set forth in Chapter
182, Zoning, of the Code of the Town of Stafford.
B.
Any division of agricultural land for the purpose of continued agricultural use shall be considered a land separation and subject to Chapter
117, Land Separation, of the Code of the Town of Stafford.
C.
The three-year period shall commence running upon the final
approval by the Planning Board of the first application to divide
the original parcel. Public acquisitions by purchase of strips of
land for the widening or opening of streets shall not be included
within this definition nor subject to these regulations.
D.
Land separation shall also include the division of land to allow
the transfer of property between adjacent parcels, provided nonconforming
lots or parcels are not created, no existing degree of nonconformity
is increased.
E.
Land separations shall be processed in compliance with Chapter
117, Land Separation, unless the Planning Board deems it necessary for the protection of public health, safety, and welfare (i.e., stormwater drainage, topography, etc.) that a land separation be processed as a subdivision.
LOT
A piece, parcel, or plot of land intended as a unit for transfer
of ownership or for development.
MAJOR SUBDIVISION
A subdivision which requires the extension or significant
modification of municipal facilities.
MINOR SUBDIVISION
A subdivision which does not require the extension or significant
modification of municipal facilities.
MUNICIPAL FACILITY
Facilities operated by a municipality, governmental agency,
or a public utility for the provision of potable water; collection,
treatment and/or disposal of wastewater; lighting, stormwater and/or
erosion control; or provision of/for transportation (streets, highways,
etc.).
OFFICIAL MAP
The map (if) established by the Town Board under § 270
of the Town Law showing the streets, highways, and parks heretofore
laid out, and any amendments thereto adopted by the Town Board, or
additions thereto resulting from the approval of subdivision plats
by the Planning Board, and the subsequent filing of such approved
plats.
PLANNING BOARD
The Town of Stafford Planning Board as established pursuant
to the provisions of Article 16 of the Town Law.
PRELIMINARY PLAT
A drawing prepared in a manner prescribed by this chapter (see Article
VI) showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.
PRELIMINARY PLAT APPROVAL
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with the provisions of this chapter.
RESUBDIVISION
Revision of all or part of an existing filed plat, including
consolidation of lots.
STREET
Includes streets, roads, avenues, lanes or other traffic
ways, between right-of-way lines. For the purpose of this chapter,
streets shall be classified as follows:
A.
Arterial streets are those which are used primarily by a heavy
volume of traffic.
B.
Collector streets are those which carry traffic from minor streets
to the major system of arterial streets, including the principal entrance
streets of a residential development and streets for circulation within
such a development.
C.
Minor streets or local residential streets are those which are
used primarily for access to the abutting properties.
D.
Marginal service streets are streets which are parallel to and
adjacent to arterial streets and highways, which provide access to
abutting properties and protection from through traffic.
E.
Alleys are minor ways which are used primarily for vehicular
service to the back or the side of properties otherwise abutting on
a street.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET WIDTH
The right-of-way measured at right angles to the center line
of the street.
SUBDIVIDER
The owner of property or his/her duly authorized representative,
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself/herself or others.
SUBDIVISION
A.
Division of land into lots that is not considered a land separation
as defined herein. Subdivisions shall include, but are not limited
to, the division of land into five or more lots in a three-year period,
or division into any number of lots when such lots:
(1)
Do not front on an existing public street;
(2)
Require the extension of municipal facilities; or
(3)
Involve the creation of a lot, or lots, which would not comply with Chapter
182, Zoning.
B.
This definition shall apply when land is divided for the purpose,
whether immediate or future, of transfer of ownership or development,
and shall include resubdivision. Once the division of land is determined
to be a subdivision, this chapter shall apply to all such lots, including
any previous lots divided within the prior three-year time period,
regardless of whether said lots have been sold singly or collectively.
C.
The three-year period shall commence running upon the final
approval by the Planning Board of the first application to divide
the original parcel. Public acquisitions by purchase of strips of
land for the widening or opening of streets shall not be included
within this definition nor subject to said subdivision regulations.
D.
Once a subdivision has been created, any subsequent division
of lots from the original tract of land into additional developable
lots, irrespective of when such division(s) occurs, shall be subject
to review as a subdivision, unless such proposed lot(s) are greater
than 1/2 mile from any point on the boundary lines of a lot(s) created
by a previous subdivision or involve the division of land to allow
the transfer of property between adjacent parcels, provided nonconforming
lots or parcels are not created, no existing degree of nonconformity
is increased.
TOWN ENGINEER
The duly designated Engineer of the Town of Stafford.
ZONING LAW
The officially adopted Zoning Law of the Town of Stafford
together with all amendments thereto.