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City of Olean, NY
Cattaraugus County
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[Res. No. 91-96, 9-24-1996]
(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) 
The following words or phrases as used in this chapter are defined as follows:
APPLICANT
To see the definition for subdivider.
CLUSTER DEVELOPMENT
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.
COMMON COUNCIL
The legislative body of the City of Olean, New York.
COMPREHENSIVE DEVELOPMENT PLAN 1990-2010
The plan, prepared and adopted by the planning 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 city and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
CONDITIONAL APPROVAL
Approval of a final plat subject to conditions set forth in a resolution conditionally approving such plat by the common council. 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 mayor or a designee and the recording of the plat in the Office of the Cattaraugus County Clerk.
CURB
A vertical edge along a street.
DEVELOPER
See the definition for subdivider.
DEVELOPMENT
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.
DIRECTOR OF PUBLIC WORKS
The person designated to act on behalf of the City of Olean by the Common Council.
EASEMENT
Authorization by a property owner involving a designated part of his property for use by another for a specified purpose.
ENGINEER
A person licensed as a professional civil engineer by the State of New York.
ENVIRONMENTAL ASSESSMENT FORM
A form used to determine the environmental significance of an action, in accordance with the State Environmental Quality Review Act (SEQR) regulations.
ENVIRONMENTAL IMPACT STATEMENT
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.
FINAL PLAT
A drawing, in final form, showing a proposed subdivision containing all information or detail required by law and as specified in article IV of these regulations, submitted to the common council for approval and which, if approved, may be filed or recorded by the applicant in the Office of the Cattaraugus County Clerk.
FINAL PLAT APPROVAL
The signing of a plat in final form by the mayor or a designee pursuant to a common council 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 Cattaraugus County Clerk.
LOT
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.
OFFICIAL MAP
The map established by the common council pursuant to Section 26 of the General City Law, showing existing and proposed streets, highways, parks and drainage areas.
OWNER
To see the definition for subdivider.
PLANNING BOARD
The Planning Board of the City of Olean.
PRELIMINARY PLAT
A drawing or drawings clearly marked "Preliminary Plat" showing the salient features of a proposed subdivision, as specified in article IV of these regulations, submitted to the common council for consideration prior to the submission of the plat in final form and of sufficient detail to apprise the common council of the layout of the proposed subdivision.
RESUBDIVISION
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.
SIDEWALK
A paved path provided for pedestrian use, usually located along the side of a street.
SKETCH PLAN
A drawing 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 common council before the preparation of a preliminary plat.
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
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.
STREET
An existing public or private way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on the Official Map and recorded in the Office of the Cattaraugus County Clerk.
STREET, ARTERIAL
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.
STREET, COLLECTOR
A street which serves or is designed to carry traffic from minor streets to the arterial street system.
STREET, MINOR OR LOCAL
A street used primarily to provide access to abutting properties.
STREET, DEAD-END OR CUL-DE-SAC
A street or a portion of a street with only one vehicular outlet.
STREET, MARGINAL ACCESS
A minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
STREET, PRIVATE
A minor or local street which is not a publicly dedicated street.
STREET PAVEMENT
The surface of the roadway used by vehicular traffic.
STREET WIDTH
The width of the right-of-way, measured at right angles to the centerline of the street.
SUBDIVIDER
Any person who shall lay out any subdivision or part thereof (as defined herein), either for oneself or for others.
SUBDIVISION
The division of any parcel of land into two or more lots, plots or sites for the purpose, whether immediate or future, of transfer of ownership or development. A lot line adjustment that does not involve creation of a new lot shall be considered a resubdivision as defined herein.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR
A subdivision of land into not more than four lots (including the remaining portion of the original parcel) following the date of enactment of these regulations. In addition, a minor subdivision shall not involve the creation of any new public streets; the extension of any public street, water or sewer line; or, the installation of drainage improvements through one or more lots to serve one or more other lots.
SUBWAY
The area between the curb and sidewalk or, if no sidewalk exists, the area between the curb and the public right-of-way.
SURVEYOR
A person licensed as a land surveyor by the State of New York.
UNDEVELOPED PLAT
A plat existing at the time of the enactment of these regulations that has been filed in the Office of the Cattaraugus 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.