Unless otherwise expressly stated, the following
terms shall for the purposes of these regulations have the meaning
herein indicated. (See bibliography for sources.)[1]
The average number of cars per day that pass over a given
point.
Housing that is affordable to very low-income, low-income,
or moderate-income persons as defined by the Department of Housing
and Urban Development regulation for the municipality and is maintained
for occupancy exclusively for such very low-income, low-income, or
moderate-income person(s) for a period of not less than 30 years through
the use of a covenant or deed restriction, a development agreement,
or by transferring an interest to a state or municipal housing agency
or nonprofit housing organization.
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.
The application form and all accompanying documents required
by ordinance for approval of a site plan.
That portion of the flexible pavement structure immediately
beneath the surface course which is constructed on the subbase, or
if no subbase is used, directly on the subgrade. Performs the major
function as a structural portion of the pavement and usually consists
of crushed stone.
A mound of soil, either natural or man-made, used to obstruct
views.
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 (10 years for roadway improvements) 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.
A development approach in which building lots may be reduced
in size and buildings sited closer together, usually in groups or
clusters, provided that the total development density does not exceed
that which could be constructed on the site under conventional zoning
and subdivision regulations. The additional land that remains undeveloped
is then preserved as open space and recreational land.
[Amended 5-3-2000 by Ord. No. 00-03]
A sanitary sewer service lateral serving more than one occupancy
unit (generally not permitted).
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development.
It may include complementary structures and improvements.
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.
[Added 12-19-2000 by L.L. No. 6-2000]
A comprehensive long-range plan intended to guide the growth
and development of a community or region. Includes analysis, recommendations,
and proposals for the community's population, economy, housing, transportation,
community facilities, and land use.
Requirement that development applications demonstrate that
adequate public facilities be available at prescribed levels of service
concurrent with the impact or occupancy of development units.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirements of the Joint
Zoning Board of Appeals/Planning Commission as a condition of the
approval of the plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
Development other than planned development.
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk or driveway.
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 reflect 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.
Standards that set forth specific improvement requirements.
A man-made or natural water collector facility designed to
collect 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
or other governmental regulation of the use and development of land.
The removal of surface water or groundwater from land by
drains, grading, or other means.
The system through which water flows from the land, including
all watercourses, water bodies, and wetlands.
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.
A right-of-way granted, but not dedicated, for limited use
of private land for a 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.
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.
The official action of the Joint Zoning Board of Appeals/Planning
Commission taken on a preliminary approved major subdivision or site
plan, after all conditions, engineering plans, and other requirements
have been completed or fulfilled and the required improvements have
been installed, or guaranties properly posted for their completion,
or approval conditional upon the posting of such guaranty.
[Amended 11-8-2017 by L.L. No. 5-2017]
The map of a subdivision to be recorded after approval by
the Joint Zoning Board of Appeals/Planning Commission and any accompanying
material as described in these regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
The delivery of a disproportionately large load of pollutants
during the early part of storms due to the rapid runoff of accumulated
pollutants. The first flush in these guidelines is defined as the
runoff generated from a one-year twenty-four-hour storm event from
land which has been made more impervious from predevelopment conditions
through land grading and construction/development activities.
A pavement structure consisting of the subgrade, subbase
course, base course and surface course materials.
The cleaning out of debris and sediment from pipes by force
of moving liquid, usually water.
An extra storage area or treatment area, such as a sediment
pond or created wetland, near an inlet of a stormwater management
facility to trap incoming sediments or take up nutrients before they
reach a retention or extended detention pond.
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.
The slope of a road, street, or other public way, specified
in percentage (%) terms.
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.
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.
Those residential zoning districts in which the density is
equal to or greater than one dwelling unit per 10,000 square feet.
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.
In street design, a raised area, usually curbed, placed to
guide traffic and separate lines, or used for landscaping, signing,
or lighting.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers, and shade
trees.
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.
The six levels of service which are generally described as
follows for simple uninterrupted flows. More specific descriptions
for each highway element, including interrupted as well as uninterrupted
flow, are presented later appropriate headings.
LEVEL OF SERVICE AA condition of free flow, accompanied by low volumes and high speeds. Traffic density will be low, with uninterrupted flow speeds controlled by driver desires, speed limits, and physical roadway conditions. There is little or no restriction in maneuverability due to the presence of other vehicles, and drivers can maintain their desired speeds with little or no delay.
LEVEL OF SERVICE BOccurs in the zone of stable flow, with operating speeds beginning to be restricted somewhat by traffic conditions. Drivers still have reasonable freedom to select their speed and lane of operation. Reductions in speed are not unreasonable, with a low probability of traffic flow being restricted. The lower limit (lowest speed, highest volume) of this level of service has been used in the design of rural highways.
LEVEL OF SERVICE CStill in the zone of stable flow, but speeds and maneuverability are more closely controlled by the higher volumes. Most of the drivers are restricted in their freedom to select their own speed, change lanes, or pass. A relatively satisfactory operating speed is still obtained, with service volumes suitable for urban design practice.
LEVEL OF SERVICE DLevel of service which approaches unstable flow, with tolerable operating speeds being maintained, though considerably affected by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience are low. These conditions can be tolerated, however, for short periods of time.
LEVEL OF SERVICE EThis cannot be described by speed alone, but represents operations at lower operating speeds, typically, but not always, in the neighborhood of 30 miles per hour, with volumes at or near the capacity of the highway. Flow is unstable, and there may be stoppages of momentary duration. This level of service is associated with operation of a facility at capacity flows.
LEVEL OF SERVICE FDescribes a forced-flow operation at low speeds, where volumes are below capacity. In the extreme, both speed and volume can drop to zero. These conditions usually result from queues of vehicles backing up from a restriction downstream. The section under study will be serving as a storage area during parts or all of the peak hour. Speeds are reduced substantially and stoppages may occur for short or long periods of time because of the downstream congestion.
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.
That portion of a lot extending along a street line.
Any building, structure, place, work of art, or other object
situated on a lot.
Those residential zoning districts in which the density is
equal to or less than one dwelling unit per 40,000 square feet.
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.
All subdivisions not classified as minor subdivisions, including
but not limited to subdivisions of five or more lots, or any size
subdivision requiring any new street or extension of the local government
facilities or the creation of any public improvements.
A method for calculating the hydraulic capacity of a conduit
or open channel to convey water.
That portion of a divided highway separating lanes of traffic
proceeding in opposite directions.
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Chapter 190, Zoning, or these regulations.
[Amended 5-3-2000 by Ord. No. 00-03]
Payment of money into a municipally earmarked fund to do
for acquisition of facilities off site in place of dedicating land
or providing such facility on site.
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.
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 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.
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.
A map or maps of a subdivision.
Inherent, delegated, or authorized legislative power for
purposes of regulation to secure health, safety, and general welfare.
Water that does not contain pollution, contamination, objectionable
minerals or infective agents and is considered satisfactory for domestic
consumption.
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Joint Zoning Board of Appeals/Planning Commission and the applicant.
[Amended 11-8-2017 by L.L. No. 5-2017]
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Joint Zoning Board of Appeals/Planning Commission
for approval.
[Amended 11-8-2017 by L.L. No. 5-2017]
A meeting of the Joint Zoning Board of Appeals/Planning Commission
or Common Council preceded by notice, open to the public and at which
the public may, at the discretion of the body holding the public meeting,
be heard.
[Amended 11-8-2017 by L.L. No. 5-2017]
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway,
tree, lawn, off-street parking area, lot improvement, or other facility
for which the City of Oneida may ultimately assume the responsibility
for maintenance and operation, or which may effect an improvement
for which City of Oneida responsibility is established.
A method for estimating peak stormwater runoff rates in the
design of urban facilities which considers surface conditions and/or
characteristic, storm intensity and size of the drainage area. Generally
only used for drainage areas up to 100 acres in size.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
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 facility designed to store stormwater runoff as a permanent
pool of water without release except by means of evaporation, infiltration,
or attenuated release when runoff volume exceeds the permanent storage
capacity of the permanent pool.
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. 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 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 its promises in the subdivision improvement agreement.
A deposit of soil that has been transported its site of origin
by water, ice, wind, gravity or other natural means as a product of
erosion.
The area for a particular category of public facilities within
the jurisdiction of the City of Oneida and within which impact fees
for capital improvements will be collected for new development occurring
within such area and within which fees so collected will be expended
for those types of improvements for that category of public facility
identified in the public facility improvements program. Service areas
may be subdivided into subareas for purposes of assuring that impact
fees collected and expended therein reasonably benefit new development
within such areas.
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.
A sketch preparatory to the preliminary plat (or final plat
in the case of minor subdivisions) to enable the subdivider to save
time and expense in reaching general agreement with the Joint Zoning
Board of Appeals/Planning Commission as to the form of the plat and
the objectives of these regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
A mixture of portland cement and locally available soil.
It serves as a soil stabilizer.
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 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.
A 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.
Anything constructed or erected.
A portion of a street for which an extension has been proposed
and approved. May 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.
That portion of the flexible pavement structure between the
subgrade and the base course consisting of a compacted layer of granular
material. Distinguished from the base course material by less stringent
specification requirements for strength aggregate type and gradation.
Any person who:
Having an interest in land, causes it, directly
or indirectly, to be divided into a subdivision or who;
Directly or indirectly, sells, leases or develops
or offers to sell, lease or develop or advertises to sell, lease,
or develop, any interest, lot, parcel site, unit or plat in a subdivision
or who;
Engages directly or through an agent in the
business of selling, leasing, developing or offering for sale, lease,
or development a subdivision or any interest, lot, parcel site, unit
or plat in a subdivision and who;
Is directly or indirectly controlled by, or
under direct or indirect common control with any of the foregoing.
Any land, vacant or improved, which is divided or proposed
to be divided into two or more lots, parcels, sites, units, plots,
condominiums, tracts or interests for the purpose of offer, sale,
lease, or development whether immediate or future, either on the installment
plan or upon any and all other plans, terms and conditions. "Subdivision"
includes the division or development of residentially and nonresidentially
zoned land, whether by deed, metes and bounds description, devise,
intestacy, lease, map, plat or other recorded instrument. "Subdivision"
includes resubdivision and condominium creation or conversion.
[Amended 5-3-2000 by Ord. No. 00-03]
A contract entered into by the applicant and the City of
Oneida by which the applicant promises to complete the required public
improvements within the subdivision within a specified time period
following final subdivision plat approval.
The final map or drawing, described in these regulations,
on which the subdivider's plan of subdivision is presented to the
Joint Zoning Board of Appeals/Planning Commission for approval and
which, if approved, may be submitted to the County Clerk for filing.
[Amended 11-8-2017 by L.L. No. 5-2017]
That portion of the flexible pavement designed to resist
abrasive forces of traffic, limit the amount of surface water that
penetrates into the pavement structure, provides a skid-resistant
surface, and provides a smooth uniform riding surface. Surface course
is constructed directly on the base course and consists of a mixture
of mineral aggregates and bituminous materials.
Improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
Stormwater runoff analysis method. A method for determining
predevelopment and post-development peak stormwater runoff rates and
total volume as well as stormwater storage requirements. The TR-55
Method is based on Technical Release 55, Urban Hydrology for Small
Watersheds, published by the Soil Conservation Service of the United
States Department of Agriculture.
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.
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 ordinance. 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]
[1]
Editor's Note: The bibliography for the terms
used in these regulations is not set out herein.
