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. APPLICANT CLUSTER DEVELOPMENT CODE ENFORCEMENT OFFICER COMPREHENSIVE PLAN CONDITIONAL APPROVAL CURB DEVELOPER DEVELOPMENT DIRECTOR OF PUBLIC WORKS EASEMENT ENGINEER ENVIRONMENTAL ASSESSMENT FORM ENVIRONMENTAL IMPACT STATEMENT FINAL PLAT FINAL PLAT APPROVAL LOT OFFICIAL MAP OWNER PLANNING BOARD PRELIMINARY PLAT RESUBDIVISION SERVICE DRIVES SIDEWALK SKETCH PLAN STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR) STREET STREET, ARTERIAL STREET, COLLECTOR STREET, DEAD-END OR CUL-DE-SAC STREET, MARGINAL ACCESS STREET, MINOR OR LOCAL STREET PAVEMENT STREET, PRIVATE STREET WIDTH SUBDIVIDER SUBDIVISION SURVEYOR TOWN BOARD UNDEVELOPED PLAT
The following words or phrases as used in this chapter are defined as follows.
See the definition for SUBDIVIDER.
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.
The official or officials designated by the Town Board of the Town of Albion to enforce the provisions of this chapter.
The Comprehensive Plan is the plan, prepared and adopted by the Town 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 Town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein. The term "Comprehensive Plan" shall also include the Town Zoning Ordinance[1] and other policy documents and regulations adopted by the Town.
Approval of a final plat subject to conditions set forth in a resolution conditionally approving such plat by the Planning Board. 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 Chairman or a designee and the recording of the plat in the Office of the Orleans County Clerk.
A vertical edge along a street.
See the definition for SUBDIVIDER.
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.
The person designated to act on behalf of the Town of Albion by the Town Board with regards to streets, drainage and other public improvements.
Authorization by a property owner involving a designated part of his property for use by another for a specified purpose.
A person licensed as a professional civil engineer by the State of New York.
A form used to determine the environmental significance of an action, in accordance with the State Environmental Quality Review Act[2] (SEQR) regulations.
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.
A thawing, in final form, showing a proposed subdivision containing all information or detail required by law and, as specified in Article IV of this chapter, submitted to the Planning Board for approval and which, if approved, may be filed or recorded by the applicant in the Office of the Orleans County Clerk.
The signing of a plat in final form by the Mayor or a designee pursuant to a Planning Board 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 Orleans County Clerk.
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.
The map established by the Town Board pursuant to § 270 of New York State Town Law, showing existing and proposed streets, highways, parks and drainage areas.
See the definition for SUBDIVIDER.
The Planning Board of the Town of Albion.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article IV of this chapter, submitted to the Planning Board for consideration prior to the submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
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.
Vehicular driveways which are used primarily for vehicular service access to the back or the side of properties.
A paved path provided for pedestrian use, usually located along the side of a street.
A thawing 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 Planning Board before the preparation of a preliminary plat.
A way designed primarily to accommodate the flow of vehicular traffic. A street may be designated as a "road," "drive," "avenue," "lane" or other similar term.
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.
A street which serves or is designed to carry traffic from minor streets to the arterial street system.
A street or a portion of a street with only one vehicular outlet.
A minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
A street used primarily to provide access to abutting properties.
The surface of the roadway used by vehicular traffic.
A minor or local street which is not a publicly dedicated street.
The width of the right-of-way, measured at right angles to the center line of the street.
Any person who shall lay out any subdivision or part thereof (as defined herein), either for oneself or for others.
A division of land into four or more lots (including the remaining portion of the original parcel) within a period of three years, or a division of land that requires construction of a new street.
A person licensed as a land surveyor by the State of New York.
The legislative body of the Town of Albion, New York.
A plat existing at the time of the enactment of this chapter that has been filed in the Office of the Orleans 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.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.