A.
Terms used in these regulations and not defined herein shall have
the same meanings as set forth in the Town of Cazenovia Zoning Law,[1] if defined therein. Except where specifically defined
herein or in the Zoning Law, all words used in these regulations shall
carry their customary meanings.
B.
Unless the context clearly indicates otherwise, words used in the
present tense shall include the future, words used in the singular
shall include the plural, and words in the plural include the singular.
C.
The words "shall" and "will" are mandatory. The words "may" and "should"
are permissive.
D.
The article, section and subsection headings contained in these Subdivision
Regulations are for reference and convenience only, and shall not
enter into the interpretation of the article, section, or subsection.
E.
The phrase "most recently approved by resolution of the Town Board"
shall mean the Town Board's resolution closest to the time then
in question, which may or may not be the effective date of these regulations.
For the purposes of these regulations, the following words or
terms, as used herein, shall have the following meanings, unless the
context clearly indicates otherwise:
The person signing the application, as "applicant," to the
Planning Board for the approval of a proposed subdivision of land.
If the applicant is not the subdivider, the written consent to the
application, and the subdivider's certification of the truth
of all of the facts contained in the application, shall be required
from the subdivider before the Planning Board shall take any action
on the application.
An area of land bounded by streets.
Includes structures or any part thereof.
The written authorization from the Codes Enforcement Officer
required before commencing construction or other improvement, removal,
relocation or demolition of any building and before the installation
of heating equipment or solid-fuel-burning devices. A building permit
gives approval for the construction, subject to the conditions set
forth in the Zoning Law[1] and these regulations.
The line created by the face of the building (as extended
to the side boundary lines) nearest the front line of the lot.
The Comprehensive Plan: Village and Town of Cazenovia, adopted
on June 9, 2008, pursuant to § 272(a) of the Town Law, which
indicates the general locations recommended for various functional
classes of public works, places and structures, and for 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 approval by the Planning Board of a plat (either preliminary
or final) subject to the conditions set forth in the Planning Board's
resolution so conditionally approving that plat. A conditional approval
does not qualify a final plat for filing in the County Clerk's
office unless and until all of the conditions have been satisfied
by the owner or waived by the Planning Board, as evidenced by a subsequent
resolution of the Planning Board. The Planning Board may condition
any final plat approval on the owner and Town entering into an agreement
requiring the owner to construct infrastructure improvements and/or
public improvements, to provide security and insurance protecting
the Town, in such amounts as the Town Board may require, and containing
such other terms and conditions as the Planning Board and/or the Town
Board may require.
Maps, drawings, plans and plats, and/or specifications submitted
as part of an application, or required in these Subdivision Regulations,
showing the specific location and design of infrastructure improvements
and public improvements to be installed in the subdivision as a condition
of the approval of the plat by the Planning Board. The construction
drawings must be stamped by an architect or an engineer; provided,
however, with regard to the metes and bounds and topography of the
lands to be subdivided, any map showing same may, in lieu thereof,
be signed and stamped by a surveyor.
The part of a building on a lot which is closest to a lot
boundary line, including sun parlors, porches and decks, whether enclosed
or unenclosed, but does not include uncovered steps.
See the definition of "plans and plats,” Subsection
D.
The signing of a final plat by a duly authorized officer
of the Planning Board, pursuant to a resolution of the Planning Board,
granting approval to the final plat. Final plat approval qualifies
the final plat to be filed in the Madison County Clerk's office.
See the definition of "plans and plats," Subsection C.
Those public improvements to be constructed by or on behalf
of the subdivider on, over or within the lands involved in the subdivision
and to be eventually conveyed to the Town, by way of an easement or
deed (e.g., public roads, storm sewer drainage facilities, water lines,
and the like), before approval of a final plat will be granted.
Land occupied or capable of being occupied by a building
and its accessory buildings, together with such open spaces as are
required, created in compliance with Town ordinances and local laws,
having not less than the minimum area, width, depth and all other
requirements for the zoning district in which said land is located,
as set forth in the Zoning Law,[2] and in compliance with all other applicable laws, rules
and regulations.
Any building or other improvement to the land as may be required
by the Planning Board (including but not limited to clearing, final
grading, and infrastructure improvements) that constitutes a physical
betterment of real property.
The width of a lot measured along the street line.
The transfer of land from one property owner to another involving adjacent lots which results in the mere adjustment of existing property lines or the consolidation of two or more lots into a lesser number of lots and which does not create or increase a nonconforming use and does not result in the creation of new roads, curb cuts, driveways, building lots, or infrastructure improvements. Whether the adjustment of lot lines is or is not a minor lot alteration is a determination to be made solely by the Planning Board. (See § 146-11.)
A bond or other security as permitted by § 277
of Town Law to assure the full and satisfactory completion of all
required subdivision infrastructure improvements and public improvements,
as specified in the Planning Board resolution of approval or conditional
approval.
SKETCH PLANA sketch of a proposed subdivision showing the information specified in § 146-44 [and/or, where applicable, the Conservation Subdivision Regulations (Chapter 146A)] of these regulations, to enable the subdivider to save time and expense to inform the Planning Board as to the form of the general layout of the proposed subdivision, and to obtain the Planning Board's initial thoughts regarding the proposed subdivision shown on the sketch plan.
PRELIMINARY PLATA drawing or drawings:
Drawings comprised of:
A grading plan showing the proposed grading for surface water
runoff of the entire subdivision upon the completion of the subdivision,
containing the details required by these regulations, and containing
modifications, if any, as may be required by the Planning Board prior
to the approval of the final plat; and
An erosion and sediment control plan: a drawing or drawings showing temporary erosion and sediment control measures to be implemented and maintained during construction to minimize the risk of sediment erosion and/or pollution. The temporary methods shown on the erosion and sediment control plan shall be coordinated with the permanent measures shown on the grading plan to the extent practicable to assure continuous erosion control throughout the construction and post-construction periods. See Chapter 140.
The grading plans shall include sufficient information to evaluate
and identify the existing topography, vegetation, soil types, environmentally
sensitive areas, the potential impacts of the proposed grading (temporary
and permanent), and the effectiveness and acceptability of measures
proposed to minimize soil erosion and off-site sedimentation both
during and after construction. Measures other than those shown may
be required by the Planning Board to be implemented during construction
to compensate for field conditions or the method of the construction.
FINAL PLATA drawing in final form, showing a proposed subdivision, containing all information and detail required by law and these regulations and/or Chapter 146A (as required), and presented to the Planning Board for approval and which, if approved, shall be duly filed and recorded by the applicant in the office of the County Clerk.
See the definition of "plans and plats," Subsection B.
A drawing or drawings depicting a cross-sectional view taken
about the center of the subject (i.e., road, utility, sewers, water
mains or other structure) depicting land elevations for proposed and
existing conditions and all other features the section bisects.
Any drainage ditch, road, sidewalk, pedestrian way, tree,
off-road parking, recreation area, lot improvement, or other land
or facility for which the Town may ultimately assume (or already has
assumed) fee ownership, easement rights, and/or the responsibilities
for maintenance and operation.
Land which the Town (or an approved entity) either owns or
has easement rights to, which has been officially designated as a
place of public recreation or open space, including but not limited
to parks, playgrounds, squares, plazas, and similar uses.
The boundary lines of a street, sidewalk or similar thoroughfare
(which the Town owns or has easements rights to) defining the corridors
for public vehicular and pedestrian traffic.
Alteration of the size, shape, quantity or orientation of
lots, lot lines or any other elements set forth on a final plat filed
in the Madison County Clerk's office.
Has the same meaning as "street."
Depending on the context, either:
The distance required to provide unobstructed view of an
object, in accordance with standards published by the American Association
of State Highway and Transportation Officials (AASHTO).
See the definition of "plans and plats," Subsection A.
A public right-of-way for vehicular traffic that is publicly
owned, open to the general public and has been accepted by the Town.
The term includes designations such as highway, parkway, road, avenue,
boulevard, lane, place, drive, alley, and other variations.
Streets are categorized as follows:
ARTERIAL STREET or MAJOR STREETOne that is used primarily as a route for fast traffic between communities.
COLLECTOR STREETOne which carries traffic from minor streets to a major street, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREET or LOCAL STREETOne that is used primarily as an access to abutting properties.
MARGINAL ACCESS STREETA minor street that is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
CUL-DE-SAC or DEAD-END STREETA minor street with one end open for public vehicle access and the other end terminating in a vehicular turnaround. The length of a cul-de-sac street shall be measured along the center line from its intersection with the center line of the street from which it runs to the center of the cul-de-sac turnaround.
The various types of streets are classified and further described in § 146-33 of these regulations.
Note: Under certain circumstances, private roads will be allowed.
The common boundary of a street right-of-way, as distinguished
from the pavement and the front property line of a parcel.
The owner(s) of record of all of the land to be subdivided.
(1) The division of any parcel of land into two or more lots, blocks, sites or parcels; or (2) combining two or more parcels of land into a lesser number of lots, blocks, sites or parcels; or (3) any modification of the size, the shape or a boundary of any parcel or parcels of land; but (4) shall not include a minor lot alteration as defined in these regulations; provided, however, a minor lot alteration shall fully comply with the provisions of § 146-11 of these regulations and the provisions of Article VIII shall apply to any such violation of § 146-11.
At any point in time, the most recent standards and specifications
approved by resolution of the Town Board for the construction of new
public/private roads, infrastructure improvements or public improvements.
Town construction standards are to be kept on file in the Town Clerk's
office.
A bed or channel, whether natural or man-made, which carries
flowing water (as distinguished from surface drainage over land).
The water need not flow continuously.
