Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meaning herein
indicated:
The average number of cars per day that pass over a given
point.
Soils that may be corrosive to cast-iron and ductile iron
pipe. These soils represent approximately 5% of the soils found within
the United States and include dump areas, swamps, marshes, alkaline
soils, cinder beds, polluted river bottoms, etc., which are considered
to be potentially corrosive.
An area of land which is designated by the Joint Zoning Board
of Appeals/Planning Commission as receiving benefits from or creating
the need for the construction, acquisition, or improvement of a public
facilities project.
[Amended 11-8-2017 by L.L. No. 5-2017]
A capital improvement which is designated in the capital
improvements program as serving new development and which is not a
site-related facility. Area-related facility may include land dedication
or construction of an oversized capital improvement, whether located
off site, or within or on the perimeter of the development site.
A mound of soil, either natural or man-made, used to obstruct
views.
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 municipalities.
An outlet in a pipe through which water or sediment can be
discharged from a lower sewer. See "cleanout."
Any form of a surety bond in an amount and form satisfactory
to the Common Council. All bonds shall be approved by the governing
body whenever a bond is required by these regulations.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to limit continuously the view of and/or sound
from the site to adjacent sites or properties.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and 12
inches above ground level for trees over four inches in diameter.
A public facility with a life expectancy of three or more
years, to be owned and operated by or on behalf of the local government.
A proposed schedule of all future projects listed in order
of construction priority, together with cost estimates and the anticipated
means of financing each project.
A completed water supply and/or sewerage system put in place
for future use (contingent upon expansion), rather than to meet immediate
development needs.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
The gap between the center line of roads adjoining a common
road from opposite or same sides.
Whenever these regulations require that an agency or official
certify the existence of some fact or circumstance, the City by administrative
rule may require that such certification be made in any manner, oral
or written, which provides reasonable assurance of the accuracy of
the certification.
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
An outlet in a pipe through which water or sediment can be
discharged from a lower sewer.
A lateral serving more than one unit.
Ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association; or ownership by different
corporations, firm, partnerships, entities, or unincorporated associations,
in which a stockbroker, partner, or associate, or a member of his
family owns an interest in each corporation, firm, partnership, entity,
or unincorporated association.
A preliminary presentation and attendant documentation of
a proposed site plan of sufficient accuracy to be used for the purpose
of discussion and classification.
A local street with only one outlet that terminates in a
vehicular turnaround and having an appropriate terminal for the safe
and convenient reversal of traffic movement.
A vertical or sloping edge of a roadway.
Supportive or protective bedding materials placed underneath
piping.
An act transmitting property or interest thereto.
The permitted number of dwelling units per gross acre of
land to be developed.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
A man-made or natural water collector facility designed to
correct surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
Agreement between the Common Council and developer through
which the Common Council agrees to vest development use or intensity
or refrain from interfering with subsequent phases of development
through new legislation in exchange for the provision of public facilities
or amenities by the developer in excess of those required under current
community regulations.
Zoning, subdivision, site plan, official map, floodplain
regulation, or other governmental regulation of the use and development
of land.
A street having an island or other barrier separating moving
lanes.
The removal of surface water or groundwater from land by
drains, grading, or other means.
Any component of the drainage system.
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is considerably higher than the outgoing.
A vertical pipe used to convey sewage from a higher to a
lower elevation.
See "capped system."
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice, or gravity.
A deed, a bond, money, or a piece of property delivered to
a third person to be delivered by him to the grantee only upon fulfillment
of a condition.
A sum of money paid out in return for some benefit or to
fulfill some obligation. The term includes binding contractual commitments
whether by development agreement or otherwise to make future expenditures
as well as any other substantial change in position.
A naturally vegetated area or vegetated area along the exterior
boundaries of an entire development processed in accordance with a
multiphase or phased site plan application which is landscaped and
maintained, in order to eliminate or minimize conflicts between such
development and adjacent land uses.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, that is of state wide importance for the production of food,
feed, fiber, forage, and oilseed crops as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
[Added 2-2-2021 by L.L.
No. 2-2021]
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as
the ordinary side of a corner lot.
Any street to be constructed by the developer or any existing
street where development shall take place on both sides.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 2-2-2021 by L.L.
No. 2-2021]
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
A solar energy system that is affixed to the ground either
directly or by mounting devices and which is not attached or affixed
to a building or structure.
[Added 2-2-2021 by L.L.
No. 2-2021]
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
Method of controlled trial and error by which a water distribution
system can be analyzed, first introduced in 1936 by Hardy Cross, Professor
of Civil Engineering, University of Illinois.
The purpose for which municipalities may adopt and enforce
land use regulations for the prevention of harm or promotion of public
benefit to the community; commonly referred to as police power.
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
on lands and other persons have no legal right to access to or from
the same, except at such points and in such manner as may be determined
by the public authority having jurisdiction over the trafficway.
An area related by historical events or themes, by visual
continuity or character, or by some other special feature that helps
give it a unique historical identity. May be designated a historic
district by local, state, or federal government and given official
status and protection.
The properties, distribution, and circulation of water.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
A body of water, such as a pond, confined by a dam, dike
floodgate, or other barrier.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
Development designed to occupy scattered or vacant parcels
of land which remain after the majority of development has occurred
in an area.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers, and shade
trees.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment with a rated DC
capacity of greater than 25kW. The area of a solar energy system includes
all the land inside the perimeter of the solar energy system, which
extends to any interconnection equipment.
[Added 2-2-2021 by L.L.
No. 2-2021]
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.
A program that requires developers constructing nonresidential
structures to either construct affordable housing units or pay money
in lieu of construction into a designated fund to provide housing
for the future employees of the site.
A road whose sole function is to provide access to abutting
properties and to other roads from individual properties and to provide
right-of-way beneath it for sewer, water, and storm drainage pipes.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135º.
That portion of a lot extending along a street line.
Any building, structure, place, work of art, or other object
situated on a lot.
In any system of continuous piping, the principal artery
of the system to which branches may be connected.
Any security which may be required and accepted by a governmental
agency to ensure that necessary improvements will function as required
for a specific period of time.
A method for calculating the hydraulic capacity of a conduit
to convey water.
Any traffic lane where traffic movement is the primary if
not sole function. (Compare with "parking lane.")
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
or aid plant growth.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
[Added 2-2-2021 by L.L.
No. 2-2021]
A notice issued by the Director of Planning to the Joint
Zoning Board of Appeals/Planning Commission informing the applicant
for approval of a major subdivision that the sketch plat is in compliance
with these regulations and that the applicant may proceed to apply
for preliminary plat approval.
[Amended 11-8-2017 by L.L. No. 5-2017]
The amount of the reduction of an impact fee designed to
fairly reflect the value of area-related facilities or other oversized
facilities, pursuant to rules herein established or administrative
guidelines, provided by a developer pursuant to the local government's
subdivision or zoning regulations or requirements.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for the public or
private use or enjoyment or for the use and enjoyment of owners and
occupants of land adjoining or neighboring such open space.
A lane usually located on the sides of streets, designed
to provide on-street parking for vehicular traffic.
A test designed to determine the ability of ground to absorb
water, and used to determine the suitability of a soil for drainage
or for the use of a septic system.
Regulation of development based on open space ratio, impervious
surface ratio, density, and floor area ratio.
Any security that may be accepted by a municipality as a
guaranty that the improvements required as part of an application
for development are satisfactorily completed.
Any existing street to which the parcel of land to be subdivided
abuts on only one side.
A surface that permits full or partial absorption of stormwater.
An area of a minimum contiguous size, as specified by ordinance,
to be planned, developed, operated, and maintained as a single entity
containing one or more structures to accommodate commercial or office
uses, or both, and appurtenant common areas and other uses incidental
to the predominant uses.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 2-2-2021 by L.L.
No. 2-2021]
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oilseed crops and is also available
for these land uses.
[Added 2-2-2021 by L.L.
No. 2-2021]
The adopted plan, as may be amended from time to time, which
identifies the public facilities and their costs for each public facility
benefit area or subarea, which serve new development for a period
not to exceed 10 years, which are to be financed in whole or in part
through the imposition of public facilities fees pursuant to this
chapter.
See "planned unit development."
A method of runoff calculation.
Any change in a map of an approved or recorded subdivision
plat that affects any street layout on the map or area reserved thereon
for public use or any lot line, or that affects any map or plan legally
recorded prior to the adoption of any regulations controlling subdivisions.
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
A pond, pool, or basin used for the permanent storage of
water runoff.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for any other special use. The usage of the term "right-of-way"
for land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included
within the dimensions or areas of such lots or parcels. Rights-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains, shade trees, or any other use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on
which such right-of-way is established.
For the purpose of providing for the development of the streets,
highways, roads and rights-of-way in the governmental unit, and for
their future improvement, reconstruction, realignment, and necessary
widening, including provision for curbs and sidewalks, each existing
street, highway, road, and right-of-way, and those located on approved
and filed plats, have been designated on the Official Map of the local
government and classified therein. The classification of each street,
highway, road, and right-of-way is based upon its location in the
respective zoning districts of the local government and its present
and estimated future traffic volume and its relative importance and
function as specified in the Comprehensive Plan of the local government.
The required improvements shall be measured as set forth for each
street classification on the Official Map.
The distance between property lines measured at right angles
to the center line of the street.
Any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, intestate
succession, or other transfer of an interest in a subdivision or part
thereof, whether by metes and bounds or lot and block description.
Either:
A strip at least 10 feet wide of densely planted
(or having equivalent natural growth) shrubs or trees at least four
feet high at the time of planting, of a type that will form a year-round
dense screen at least six feet high; or
An opaque wall or barrier or uniformly painted
fence at least six feet high.
The letter of credit or cash escrow provided by the applicant
to secure the promises in the subdivision improvement agreement.
A deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity, or other natural means as
a product of erosion.
The distance between the street right-of-way line and the
front line of a building or any projection thereof, excluding uncovered
steps.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel as well as depicting details
of a proposed development.
A mixture of portland cement and locally available soil.
It serves as a soil stabilizer.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
[Added 2-2-2021 by L.L.
No. 2-2021]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
[Added 2-2-2021 by L.L.
No. 2-2021]
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 2-2-2021 by L.L.
No. 2-2021]
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
[Added 2-2-2021 by L.L.
No. 2-2021]
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 2-2-2021 by L.L.
No. 2-2021]
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increased
strength, thereby reducing shrinkage and movement.
A device that stores energy and makes it available in an
electrical form.
[Added 2-2-2021 by L.L.
No. 2-2021]
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
The conceptual arrangement of streets based upon function.
Hierarchal approach to street design classifies streets according
to function, from high-traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.
A portion of a street for which an extension has been proposed
and approved. Stub streets be permitted when development is phased
over a period of time, but only if the street in its entirety has
been approved in the preliminary plan.
The natural ground lying beneath a road.
Improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
The conveyance of development rights by deed, easement or
other legal instrument, authorized by ordinance or regulation, to
another parcel of land and the recording of that conveyance.
Focusing on the unique aspects of established, newly developed
and redeveloping neighborhoods, and commercial/industrial areas in
order to achieve improved compatibility and fit of infill development
projects and at the same time assist in the preservation and conservation
of stable existing neighborhoods and commercial areas.
A waiver from compliance with a specific provision of Chapter 190, Zoning, granted to a particular property owner because of the practical difficulties or unnecessary hardship that would be imposed by the strict application of that provision of the chapter. The granting of variances traditionally is the responsibility of the Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
Right to initiate or continue the establishment of a use
which will be contrary to a restriction or regulation coming into
effect when the project associated with the use is completed.
