A.
For the purpose of this chapter, certain numbers, abbreviations,
terms and words used herein shall be used, interpreted and defined
as set forth in this article.
B.
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the plural
number include the singular; the word "herein" means "in this chapter";
the word "regulations" means "this chapter."
C.
A "person" includes a corporation, a partnership and an incorporated
association of persons such as a club; "shall" is always mandatory;
a "building" includes a "structure"; a "building" or "structure" includes
any part thereof; "used" or "occupied," as applied to any land or
building, shall be construed to include the words "intended, arranged
or designed to be occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
The officer as appointed by the Planning Board to administer
this chapter. If no such officer shall be appointed, the Planning
Board Chairman shall also serve as Administrative Assistant.
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 municipalities.
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the Town Board. All bonds shall be approved by the
Town Board wherever a bond is required by this chapter.
Any structure built for the support, shelter or enclosure
of persons, animals, chattel or movable property of any kind, and
includes any structure.
The Code Enforcement Officer/Building Inspector of the Town
of Pendleton or his designated assistant.
The Code Enforcement Officer/Building Inspector of the Town
of Pendleton or his designated assistant.
A document and referenced map that sets forth the goals and
objectives that will guide the physical development of the Town over
a period of time.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirements of the Planning
Board as a condition of the approval of the plat.
A local street with only one outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the legal owner of the premises.
Authorization by a property owner for the use by another
and for a specific purpose of any designated part of his property.
A deposit of cash with the Town in lieu of an amount required
and still in force on a performance or maintenance bond. Such escrow
funds shall be deposited by the Town in a separate account.
The map or plan of record of a subdivision and any accompanying
material, as described in this chapter.
The side of a lot abutting on a highway, road or way.
The slope of a road, street or other public way, specified
in percentage terms.
The duly elected Highway Superintendent of the Town of Pendleton.
One of the physical changes to the land necessary to produce
usable and desirable building lots from undeveloped acreage, including,
but not limited to, installation of grading, pavement, curb, gutters,
storm sewers and drains, sidewalks, street signs, crosswalks, shade
trees, sodding or seeding, street name signs, monuments and betterments
to existing streets and watercourses.
A septic tank's seepage tile sewage system or any other
approved sewage treatment device.
Joint ownership among persons shall be construed as the same
owner.
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or of building development.
Any building, structure, work of art or improvement of the
land on which they are situated constituting a physical betterment
of real property, or any part of such betterment. Certain lot improvements
may require permits for bonding.
A lot situated at the intersection of two streets. The interior
angle of such intersection shall not exceed 135°. The least dimension
shall be considered the front. However, a minimum front yard setback
must be maintained from both streets.
The Planning Board of the Town of Pendleton.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article IV, § 220-19, of this chapter, submitted to the Planning Board for consideration prior to submission of the plat in final form and sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
An engineer properly licensed and registered in the State
of New York.
A land surveyor properly licensed and registered in the State
of New York.
A change in a map of an approved or recorded subdivision
plat if such change affects any road layout on such map or any lot
line or if it affects or changes any map or plan legally recorded
prior to the adoption of any regulations controlling subdivisions.
A strip of land between property lines opened for use as
a street, alley or crosswalk.
The distance between a building and the edge of the right-of-way
nearest thereto.
A sketch of a proposed subdivision showing the information specified in § 220-17 of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter.
For use during excessive rainfall or water runoff conditions
to prevent property damage; constructed under subdivision or site
plan review regulations.
Includes streets, roads, avenues, or other traffic ways within
rights-of-way.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of a right-of-way, measured at right angles to
the center line of the street.
Any person, firm, corporation, partnership or association
who or which shall lay out any subdivision or part thereof as defined
herein, either for himself or others.
The division of a single lot, tract or parcel of land or
a part thereof for the purpose of transfer of ownership or for building
development; provided, however, that division of land for agricultural
purposes into parcels of more than seven acres shall not be included
within the meaning of "subdivision." The term "subdivision" shall
also include "resubdivision."
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision or any size subdivision requiring any new street or extension of municipal facilities.
MINOR SUBDIVISIONAny subdivision containing not more than four lots created within any three-year time period fronting on an existing street(s), not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan or Chapter 247, Zoning.
A drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by this chapter, to be presented to the Planning Board for approval and which, if approved, may be duly filed or recorded by the applicant in the Office of the County Clerk. See § 220-20 of this chapter.
An improvement built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
The licensed attorney designated by the Town Board to furnish
legal assistance for the administration of this chapter.
The Town Board of the Town of Pendleton.
The licensed engineer designated by the Town Board to furnish
engineering assistance for the administration of this chapter.
The provision in § 220-15C, of this chapter which provides for the legal voiding of a plat.
