Definitions. Unless otherwise expressly stated, the
following terms shall, for the purposes of these regulations, have
the meanings indicated:
ALLEY
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more nonresidential properties.
APPLICANT
The owner of land proposed to be subdivided or developed
or his agent. Proof of agency shall be required from the legal owner
of the land proposed to be subdivided.
APPURTENANT ACTIVITIES
All on-site operations located on properties with approved
subdivision or site plans involved in the hauling, treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding
and crushing. Not included in this definition are activities governed
by the Town of Victor Waste Management Facilities Law or the Town of Victor Clearing, Grading and Filling Law or permitted by the DEC.
[Added 12-11-1995 by L.L. No. 12-1995]
ARCHITECT
A person licensed as an architect by the State of New York.
BLOCK
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 other municipalities.
BOARD
The Town of Victor Planning Board created pursuant to § 271
of the Town Law of New York State statutes. (See also "Conservation
Board" and "Town Board.")
[Amended 1-22-1996 by L.L. No. 1-1996]
BOND
Any form of security, including a cash deposit, surety bond,
collateral, property or letter of credit, in an amount and form satisfactory
to the attorney for the Town. All forms of security shall be approved
by the Town Board wherever a "bond" is required by these regulations.
BOUNDARY REVISION, ADMINISTRATIVE
A boundary revision which consists solely of the simple consolidation
of parcels, affecting no more than two parcels, and does not result
in the creation of additional parcels. Such parcel consolidation shall
not be deemed a subdivision.
[Added 12-11-2000 by L.L. No. 17-2000]
BUILDING DEPARTMENT
The Town of Victor agency responsible for matters of code
enforcement, development plat review and building construction.
BUILDING PERMIT
An authorization issued by the Building Department to commence
work on a structure in accordance with approved plats and specifications
and in compliance with the New York State Uniform Fire Prevention
and Building Code.
CERTIFICATE OF COMPLETION
A document which certifies that all site improvements have
been completed in compliance with plans approved by the Planning Board.
CLUSTERING
Authority, granted by § 278 of the Town Law of New York State, whereby the Planning Board is authorized to modify certain provisions of Chapter
211, Zoning. The modification must occur at the same time the plat or plats are approved pursuant to this Article and modifications are subject to reasonable conditions set forth by the Planning Board. The authorization will specify the lands outside the limits of any incorporated village to which this procedure may be applicable. The purposes of such authorization will be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of the land. It is designed to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
[Amended 9-27-1993]
COLLECTOR STREET
A dedicated street used to carry traffic from minor streets
to primary or major thoroughfares, including the principal entrance
streets of a development and streets for circulation within a development.
CONDITIONAL APPROVAL OF A FINAL PLAT
The approval by the Planning Board of a final plat subject
to conditions set forth in a resolution. Such conditional approval
does not qualify a final plat for recording in the office of the Ontario
County Clerk, nor does it provide authorization for the issuance of
building permits.
CONSERVATION BOARD
An environmental research and advisory board created by the
Town Board pursuant to Article 12-F of the General Municipal Law.
The Board reviews and makes recommendations to the Planning Board
on natural and physical environmental factors for projects under review
by the Planning Board. It also makes recommendations on significance
determination pursuant to the State Environmental Quality Review Act and Part 617 of the New York Codes, Rules and Regulations.
CONSTRUCTION DETAIL
The maps or drawings accompanying a subdivision plat or site
plan and showing the specific location and design of improvements
to be installed in the subdivision pursuant to the requirement of
these regulations and in conformance with the Design and Construction
Standards for Land Development of the Town of Victor.
CONTRACTOR
An agent acting for the developer to construct the required
improvements of the project. The "contractor" is responsible to perform
the work in conformance with these requirements subject to the approval
of Town officials.
CUL-DE-SAC
A minor street with one end open for vehicular traffic and
pedestrian access and the other end terminating in a vehicular turnaround.
DEDICATION
The deliberate unconditional appropriation of real property
by its owner for any general and public uses. Offers of "dedication"
are subject to approval by the Town Board and/or the Superintendent
of Highways.
DEVELOPER
An individual, partnership or corporation or its agent holding
title to a parcel of land to be developed or subdivided.
DOUBLE-FRONTAGE LOT
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
DRAINAGE DISTRICT
A special district established or extended pursuant to the
Town Law of New York State statutes for the purpose of constructing
or maintaining stormwater drainage facilities.
DRAINAGE EASEMENT
The lands or easements required for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
DRIVEWAY
Undedicated common and individual driveways are an access point used as ingress and egress for not more than three properties which are not fronting on a dedicated road or street or front on a dedicated road but have common or shared access in compliance with Chapter
55, Access Management. The creation of a common or shared driveway requires reciprocal easements and a common maintenance agreement.
[Amended 7-26-2004 by L.L. No. 8-2004; 8-26-2019 by L.L. No. 8-2019]
DULY DESIGNATED OFFICER
The person or public official authorized to sign subdivision
plats or site plans pursuant to these regulations. In the absence
of any designated official, the duly designated officer shall be assumed
to be the Planning Board Chairman.
EASEMENT
Authorization granted by a property owner for the use by
another of any designated part of his property for a specified purpose
not inconsistent with the general property rights of the owner.
ENGINEER
A person licensed as professional engineer (P.E.) by the
State of New York.
FINAL SUBDIVISION PLAT
A plat of a major subdivision, prepared in accordance with Article
III of these regulations, showing the subdivision in its most detailed form.
FLOOD HAZARD AREA
The land in the floodplain within the community subject to
a one-percent or greater chance of flooding in any given year.
FLOOD LIMITS
The land/water boundary of a natural watercourse flowing
at its one-hundred-year frequency as defined by a responsible agency,
such as the United States Army Corps of Engineers and the United States
Department of Housing and Urban Development.
FLOODPLAIN
Areas adjoining a watercourse, which are flooded as a result
of a severe combination of meteorological and hydrologic conditions.
FLOODWAY
The channel and those parts of the adjoining floodplain which
are required to carry and discharge floodwaters without unduly raising
upstream water levels.
GRADING PLAN
A plat showing all present and proposed grades for stormwater
drainage and final site design.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce functional lots, including but not limited
to grading, paving, curbing, fire hydrants, water mains, sanitary
sewers and drains, sidewalks, pedestrian access walkways and required
plantings which may or may not be offered for dedication.
INDIVIDUAL SEWERAGE SYSTEM
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage or other liquid wastes into
the soil of the lot.
INSPECTOR
An agent of the Town empowered to inspect the progress of
the project and compliance of the construction with the approved plats
and specifications.
LETTER OF CREDIT
A letter taken out by the owner from a bank which guarantees
the Town that a specific amount of money will be kept available for
the completion of construction of facilities to be dedicated. This
security can be drawn on only by the Town and guarantees that certain
or all improvements will be made in accordance with the approved plats.
LOT
Land identified by legal description or tax account number
which is filed or proposed to be filed in the County Clerk's office,
having minimum or subminimum area or dimensions permitted in the Town
of Victor's land use controls. A "lot" is considered to be a unit
of transfer or a unit for development.
MONUMENT
A permanent reference marker set at points as may be required
in this chapter.
NATURAL RESOURCES CONSERVATION EASEMENT
A conservation easement which protects natural resources
by generally requiring that the land remain in its natural state.
[Added 8-27-2012 by L.L. No. 15-2012]
OFFICIAL SUBMISSION DATE
The date when a subdivision plat shall be considered submitted
to the Planning Board, as provided in § 276 of the Town
Law of the New York State statutes, and is hereby defined to be the
date of a meeting of the Planning Board at which all required surveys,
plats and data required in subdivision application are deemed submitted.
OPEN SPACE CONSERVATION EASEMENT
A conservation easement which protects open space by generally
prohibiting impervious areas such as pavement and buildings, among
other prohibitions.
[Added 8-27-2012 by L.L. No. 15-2012]
OWNER
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
or developed under these regulations.
PARALLEL ACCESS ROAD
A local street which is parallel and adjacent to a primary
or major thoroughfare.
PARCEL
An area of land defined by a Tax Map number or by metes and
bounds.
PARCEL LINE ADJUSTMENT
A transfer of land from one parcel to another parcel without,
however, creating any new parcels.
[Added 12-11-2000 by L.L. No. 17-2000]
PARENT PARCEL
A parcel of land as it existed on the effective date of these regulations, (September 12, 1977). For the purpose of determining future access, properties created after adoption of Chapter
55, Access Management, do not have right to direct or individual access.
[Amended 8-26-2019 by L.L. No. 8-2019]
PEDESTRIAN ACCESS WALKWAY
A right-of-way, municipally or privately owned, at least
12 feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
PERMANENT HIGHWAY EASEMENT
A strip of land adjacent to an existing street right-of-way
line used for any public purpose. The front lot line shall be considered
to be coincident with the "permanent highway easement" boundary. Front
setbacks and other necessary lot measurements shall be measured from
the "permanent highway easement" line. Where there is no requirement
for a "permanent highway easement," the front line shall be considered
to be coincident with the existing right-of-way line, with front setbacks
and any other necessary lot measurements being measured from the existing
right-of-way line.
PIN
A metal reference marker set at points as may be required
in this chapter.
PLANNING BOARD
A Municipal Board created pursuant to § 271 of
the New York State Town Law.
[Added 7-23-2001 by L.L. No. 4-2001]
PREAPPLICATION CONFERENCE
An informal meeting between the Town and a subdivider or
developer to develop an understanding of the general design and layout
of the subdivision or site. Matters to be discussed include Town policies
and procedures on the subdivision of land, a timetable for review,
general agreement concerning the project design and on the statement
of intent of the proposed subdivision.
PRELIMINARY PLAT
A tentative subdivision plat clearly marked "preliminary plat," prepared in accordance with Article
III of these regulations. This plat shows in greater detail than the sketch plat features of the land, street and lot layout within and adjacent to the proposed subdivision and includes preliminary design data of the Town of Victor for related improvements.
RECORD SHEET
A map or plat which provides information concerning the actual
location of improvements as built.
RESUBDIVISION
Revision of all or part of an existing filed plat, including
consolidation of lots or alteration of approved lot boundaries. If
the proposed "resubdivision" consists solely of the simple alteration
of lot lines, then normal subdivision procedures may be waived at
the discretion of the Board. Major or minor status is at the discretion
of the Planning Board.
RIGHT-OF-WAY
(1)
PRIVATE RIGHT-OF-WAYExisting land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special use.
SETBACK
The required space between any street or highway line and
the wall of the main structure, including any attachment thereto,
with the exception only of cornices or entrance steps.
SIGNIFICANCE DETERMINATION
A decision made by the lead agency at one or more points
in the approval process. The decision establishes the degree to which
the proposed project is likely to affect the environment.
SKETCH PLAN
A drawing prepared in accordance with Article
III of these regulations showing in general form the manner in which a tract of land is to be subdivided or developed.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
A formal review pursuant to Part 617 of the New York Codes,
Rules and Regulations which encourages productive and enjoyable harmony
between man and his environment; to promote efforts which will prevent
or eliminate damage to the environment and enhance human and community
resources; and to enrich the understanding of the ecological systems,
natural, human and community resources important to the people of
the Town of Victor.
SUBDIVIDER
Any person, firm, corporation, partnership or other organization
or their agent proposing a subdivision as defined herein.
SUBDIVISION
The division of any parcel into two or more parcels.
[Amended 7-26-1999 by L.L. No. 7-1999; 12-11-2000 by L.L. No. 17-2000]
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
TOPSOIL
The layer of surface material which is not less than six
inches deep and which is capable of nurturing vegetation.
[Added 12-11-1995 by L.L. No. 12-1995]
TOWN BOARD
The municipal governing board of the Town of Victor.
WETLANDS
Freshwater wetlands, including lands and submerged lands,
commonly called "marshes," "swamps," "sloughs," "bogs" and "flats,"
supporting aquatic and semiaquatic types identified in Article 24
of the New York State Environmental Conservation Law.
[Amended 1-22-1996 by L.L. No. 1-1996]
ZONING MAP
The officially adopted map of the Town of Victor which shows
the boundaries of the zoning districts.
ZONING ORDINANCE
The officially adopted Zoning Ordinance of the Town of Victor,
as amended.