As used in this chapter, the following terms
shall have the meaning indicated:
APPLICANT
Any person, firm, partnership, association, corporation,
company, organization or entity of any kind who or which requests
the Town of its Planning Board or Town Board to approve a development
or is required to apply for a permit for a public improvement pursuant
to this chapter.
DEVELOPER
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which constructs or proposes
to construct one or more highways, drainage facilities, utilities
or other facilities within or in conjunction with a development and
to convey or dedicate the same to the Town or which shall require
Town maintenance.
DEVELOPMENT
A subdivision or any residential or commercial construction
requiring site plan approval under this chapter or other law or ordinance
of the Town of Lockport or which requires a public improvement permit.
DRAINAGE FACILITY
All-surface water drainage facilities, including but not
limited to detention and retention basins, storm sewers and their
appurtenances, drainage swales and ditches, and any easements through
or over which said facilities may be constructed or installed in or
in connection with a development.
HIGHWAY
A street, avenue, road, square, place, alley, lane, boulevard,
concourse, parkway, driveway, overpass and underpass and all items
appurtenant thereto, including but not limited to bridges, gutters,
culverts, ditches, shoulders and sidewalks in or in connection with
a development.
PARK
An area of land located within or constructed in conjunction
with a development which is open to the public and devoted to active
or passive recreation.
PUBLIC IMPROVEMENT
Any sewer line, waterline, highway, curb, gutter, drainage
facility, utility (as defined herein), park, or other facility or
improvement, and all appurtenances, which will at any time be transferred
to or maintained by the Town or which may have a significant effect
on Town facilities, either within or associated with a subdivision
as part of the development of a single parcel or lot.
SITE PLAN REVIEW
Any action involving site approval or review pursuant to
the Town of Lockport Zoning Regulations or other laws or ordinances as existing or amended from
time to time.
SUBDIVISION
A subdivision of land pursuant to the Town of Lockport Subdivision
Regulations as amended from time to time.
TOWN
The Town of Lockport.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, and
cable television facilities and any easements through or over which
said facilities may be constructed or installed in or in connection
with a development.
Where applicable, prior to the issuance of a
public improvement permit, the applicant will be required to submit
homeowners' association agreements or any other agreements necessary
to assure maintenance of public-type facilities which are not intended
to be conveyed, transferred or dedicated to the Town in form acceptable
to the Town Attorney. All required easements, dedications, and right-of-way
deeds and/or third party easements must be recorded in the Niagara
County Clerk's office prior to issuance of building permits for buildings.
Upon completion of all work included in the
public improvement permit in a manner satisfactory to the Town's Engineer
and receipt and processing of all easements, dedications, bonds, and
agreements in a manner acceptable to the Town's Attorney, the Town
Building Inspector will issue a certificate of approval.
If any clause, sentence, paragraph, subdivision,
section or part of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgment is rendered.