For the purpose of this chapter, certain words
and terms used herein are defined as follows:
BLOCK
Refers to the continuous frontage on one side of a street,
either between side streets or the beginning and end of a street with
frontage uninterrupted by other streets.
BOND, MAINTENANCE
A bond similar in nature to a performance bond, guaranteeing
the satisfactory operation of installed improvements for a stated
period.
BOND, PERFORMANCE
A performance bond duly issued by a bonding or surety company
approved by the Town Board with security acceptable to the Town Board,
or alternately a performance bond acceptable to the Town Board duly
issued by the developer-obligor, accompanied by security in the form
of cash, certified check, or United States Government bearer bonds
deposited with the Town Board guaranteeing complete installation of
required improvements.
COMPREHENSIVE PLAN
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material, that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town located outside the limits of any incorporated village or city.
EASEMENT
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of the owner's
property.
IMPROVEMENT
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, gutter,
storm sewers and drains, sidewalks, street signs, crosswalks, shade
trees, sodding or seeding, street name signs and monuments and betterments
to existing streets and watercourses.
LOT
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by common interest or use and the customary
accessory uses and open spaces belonging to the same.
OWNER
The owner of the land proposed to be subdivided.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in Article
V, General Requirements and Design Standards, of this chapter, submitted to the Town Code Enforcement Officer for distribution and review prior to submission of the plat in final form. The preliminary plat shall be of sufficient detail to clearly indicate the layout of the proposed subdivision.
REPRODUCIBLE
A vellum or Mylar medium with ink (or equivalent toner) lettering
and line drawing.
RIGHT-OF-WAY
The line determining the street or highway limit of public
ownership.
SEQR (STATE ENVIRONMENTAL QUALITY REVIEW)
Procedures established by Article 8 of the Environmental
Conservation Law of New York and review procedures established by
the implementing regulations at 6 NYCRR Part 617. The State Environmental
Quality Review Act requires that all agencies determine whether the
actions they directly undertake, fund or approve may have a significant
effect on the environment.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in Article
V, General Requirements and Design Standards, of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board and Town departments as to the general characteristics and location of the subdivision and the applicability of these regulations.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting properties.
STREET JOG
A street having an abrupt change in direction, causing sharp
turning or veering; more specifically, when a street center-line direction
changes by 10° or more, then again changes back to within 5°
of the original direction within 200 linear feet as measured along
the street center line.
STREET WIDTH
The width of a right-of-way, measured at right angles to
the center line of the street.
SUBDIVIDER
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for them or others.
SUBDIVISION
A.
The division of any parcel of land, including
adjacent or contiguous parcels conveyed by separate deed(s) to the
applicant, into four or more lots, plots, sites or other divisions
of land for immediate or future sale or transfer of ownership or for
building development within any consecutive five-year period. For
example, a property owner could create two new lots over and above
the original lot within a five-year period without the action being
considered a subdivision. That is, three new lots over and above the
original lot within any five-year period constitute a subdivision.
Further, any creation of lots requiring the construction of streets
or other municipal facilities shall constitute a subdivision.
B.
Exception. This definition shall not apply to
the division of a parcel of record as to the effective date of this
chapter into three or fewer lots or parcels which front along an existing
publicly owned highway or road.
C.
The term "subdivision" also incudes a resubdivision
and, where appropriate, shall refer to the process of subdividing
the land or the land subdivided.
SUBDIVISION PLAT or FINAL SUBDIVISION PLAT
A drawing in final form showing a proposed subdivision containing
all information or detail required by this chapter and other Town
law to be presented to the Planning Board and Town departments for
review and for approval by the Town Board. The final subdivision plat
must be duly filed or recorded by the applicant in the office of the
County Clerk or Register.
SURVEYOR
A person licensed as a professional land surveyor by the
State of New York.
TOWN ENGINEER
The duly designated Engineer of the Town of Marilla.