A.
Words in the singular include the plural and words
in the plural include the singular. The word "person" includes a corporation,
unincorporated association and a partnership as well as an individual.
The word "building" includes "structure" and shall be construed as
if followed by the words "or part thereof." The word "street" includes
"road," "highway" and "lane"; "watercourse" includes "drain," "ditch"
and "stream." The words "shall" or "will" are mandatory; the word
"may" is permissive.
B.
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meaning indicated.
A.
AGRICULTURAL DATA STATEMENT
ALLEY or SERVICE DRIVE
ARTERIAL STREET
AS-BUILT DRAWINGS
BLOCK
BUILDER
BULK LAND TRANSFER
CLEAR SIGHT TRIANGLE
CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR
COLLECTOR STREET
COMMERCIAL USE
COMPREHENSIVE DEVELOPMENT PLAN
CONDITIONAL APPROVAL OF A FINAL PLAT
CONTRACTOR
CROSSWALK
DEAD-END STREET or CUL-DE-SAC
DEDICATION
DEVELOPER
DRAINAGE RIGHT-OF-WAY
EASEMENT
ENGINEER or LICENSED PROFESSIONAL ENGINEER
FINAL PLAT
FLOOD LIMITS
FORMAL OFFER TO SELL
FRESHWATER WETLANDS
GRADING PLAN
INDUSTRIAL
IMPROVEMENTS
LETTER OF CREDIT
LOCAL STREET
LOT
MAJOR SUBDIVISION
MINOR SUBDIVISION
MOBILE HOME
MOBILE HOME PARK
MUNICIPAL FACILITY
MULTIPLE DWELLING
OFFICIAL MAP
OPEN SPACE or OPEN AREA
PLANNING BOARD or BOARD
PRELIMINARY PLAT
PUBLIC WORKS SPECIFICATIONS
RESERVATION FOR HIGHWAY PURPOSES
RESUBDIVISION
SECRETARY OF THE PLANNING BOARD
SEQR
SETBACK or BUILDING LINE
SIGHT DISTANCE
SITE PLAN
SKETCH PLAN
SPDES
SPDES GENERAL PERMIT
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STREET
(1)
(2)
(3)
STREET PAVEMENT
STREET WIDTH
SUBDIVIDER
SUBDIVISION
SUBDIVISION PLAT or FINAL PLAT
SUPERINTENDENT OF HIGHWAYS
SURVEYOR
TOTAL HOLDINGS MAP
TOWN ATTORNEY
TOWN BOARD
TOWN ENGINEER
WATER USAGE UNIT
ZONING ENFORCEMENT OFFICER
ZONING LAW
For the purpose of this chapter, certain words and
terms used herein are defined as follows:
Agricultural data statement pursuant to Town Law § 283-a
if subdivision is within an Agricultural District containing a farm
operation or on properties within boundaries within 500 feet of a
farm operation in an Agricultural District.
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 properties.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
Drawings submitted upon the completion of subdivision and
prior to dedication and certificate of occupancy.
An area bounded by streets.
A person who obtains a building permit for construction of
a structure on an approved site.
A subdivision of a parcel of land for which no permitted
number of dwellings is computed and from which no building lots are
created as part of such bulk land transfer. Bulk land transfers are
authorized solely for agricultural purposes. Instrument surveys may
be waived by the Planning Board and maybe replaced by the tape survey.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
An appointed official nominated by the Town Board to enforce
the provisions of the New York State Uniform Fire Prevention and Building
Code as adopted by the Town.[1]
A street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to an arterial street.
Activity carried out for pecuniary gain.
The plan adopted by the Town that addresses future land use
considerations pursuant to Town Law § 272-a.
Approval of a final plat subject to conditions set forth
by the Planning Board in a resolution conditionally approving such
plat. Such "conditional approval" does not qualify a final plat for
recording nor authorize issuance of building permits prior to the
signing of the plat by a duly authorized officer of the Planning Board
and recording of the plat in the office of the County Clerk in accordance
with provisions of this article.
A person acting for the developer to construct the required
improvements of the project. The contractor is responsible to perform
the work in conformance with the approved plans subject to a review
by Town officials.
A right-of-way, municipally or privately owned, at least
10 feet in width, which traverses an area to furnish access for pedestrians.
A short street with one end open for public vehicles and
pedestrian access and the other end terminating in a vehicular turnaround.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to the owner no other rights than
such as are compatible with the full exercise and enjoyment of the
public uses to which the land has been devoted.
A person holding the right to a parcel of land to be developed
or subdivided. Commitments and/or requirements for development are
solely between the Town and the developer.
The lands 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 flow damage.
Authorization by a property owner for the use of any designated
part of the property for a specified purpose by another person, Town,
municipality or public utility district for any public purpose.
A person licensed as a professional engineer by the State
of New York.
Drawings prepared in accordance with Article III of this chapter showing a proposed subdivision, including all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of the preliminary plat.
That area of the municipality identified on the Flood Hazard
Boundary Map as being subject to flood and/or mudslide hazards, which
area is delineated on the FEMA Map, and for which special floodplain
management requirements and criteria are enumerated herein.
Any offer to sell land which involves a form of public offering,
including but not limited to real estate listings, auction listings,
media advertising (printed, radio, television, etc.) or use of signs.
Areas within the Town of Bergen as defined on the Freshwater
Wetlands Map prepared pursuant to Article 24 of the Environmental
Conservation Law and filed in the Town offices. Formal determination
of freshwater wetlands is subject to review and approval by the New
York State Department of Environmental Conservation and/or U.S. Army
Corps of Engineers.
A plan showing all present and proposed elevations for stormwater
drainage and disposal.
Those fields of economic activity including forestry, fishing,
hunting, trapping; mining; construction, manufacturing; transportation,
communication, electric, gas services; wholesale, trade and food processing.
Those physical additions and changes to the land that may
be necessary to produce usable and buildable land areas. This may
include but is not limited to grading, water supply, sewage disposal,
stormwater disposal, lighting, landscaping, etc.
Financial security required to ensure the installation of
improvements as shown on the approved plan subject to possible dedication
to the Town.
A street intended to serve primarily as an access to abutting
properties.
Land occupied or which may be occupied by a building and
its accessory uses, together with required open spaces, having not
less than minimum area, width and depth required for a lot in the
district in which such land is situated; and having frontage on a
street, or other means of access as may be determined by the Planning
Board to be adequate as a condition for issuance of a zoning permit.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivision of five or more lots, or any size subdivision
requiring any new street or extension of municipal facilities.
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 and not adversely affecting the
development of the remainder of the parcel or adjoining property.
A structure, transportable in one or more sections, which
is at least 600 square feet in size, which is built on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. Recreational vehicles or
travel trailers are not included in this definition.
A parcel of land under single ownership which has been improved
for the rental or lease of two or more lots and the provision of services
for mobile homes for nontransient residential use.
Facilities operated by a municipality, governmental agency,
or a public utility for the provision of potable water; collection,
treatment and/or disposal of wastewater; lighting, stormwater and/or
erosion control; or provision of/for transportation (streets, highways,
etc.).
Three or more dwelling units.
The map (if) established by the Town Board under § 270
of the Town Law showing the streets, highways, and parks heretofore
laid out, and any amendments thereto adopted by the Town Board, or
additions thereto resulting from the approval of subdivision plats
by the Planning Board, and subsequent filing of such approved plats.
Any space or area of undeveloped land. A variety of open
space forms is encouraged and may include but is not limited to formal
squares and parks, informal natural areas, passive and active recreation
areas, treed and open fields, agricultural lands used in agricultural
production.
The Planning Board of the Town of Bergen.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article V, § 437-27, of this chapter, showing the layout of a proposed subdivision, including but not restricted to road and lot, layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles submitted to the Planning Board for consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the proposed subdivision.
The text contained within Chapter 379, Public Works Specifications, and includes those amendments, additions or deletions, which the Town Board shall adopt from time to time by resolution.
A strip of land between the existing right-of-way line and
the future right-of-way line of a highway as determined by the agency
having jurisdictional responsibility over the maintenance and construction
of the highway. Where a reservation is required, the front lot line
shall be considered to be coincident with the future right-of-way
line, with front setbacks and other necessary lot measurements being
measured from the future right-of-way line. Where there is no requirement
for a "reservation for highway purposes," the front lot 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.
A change in a map of an approved or filed subdivision plat
if such change affects any street layout or any change of a lot line.
The same procedures shall be followed for a resubdivision as for a
subdivision.
The individual appointed by the Bergen Town Board.
State Environmental Quality Review; part of the Environmental
Conservation Law applicable to land development per 6 NYCRR Part 617.
The right-angle distance within a property defining the required
minimum distances between any structure and the street or the side
or rear property lines of a parcel right-of-way.
The distance of visual sight available for access to a dedicated
right-of-way from any parcel of land to be developed.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Planning Board.
State Pollutant Discharge Elimination System; program authorized
by the Environmental Conservation Law issuing permits for stormwater
discharges from construction activities.
SPDES General Permit for Construction Activities (GP-02-01)
issued January 8, 2003 (or latest revision), pursuant to Article 17,
Titles 7, 8 and Article 70 of the Environmental Conservation Law,
authorizing stormwater discharges from construction activities.
A plan prepared by a licensed professional in conformance
with the requirements of SPDES general permit, for the control of
erosion, sedimentation, water quality and water quantity of stormwater
runoff during and after construction activities.
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel, and utility services. The streets are classified by function
as follows:
PRIVATEA new development serving primarily a neighborhood with relatively low volumes of traffic, not anticipated for dedication.
RESIDENTIALA new development serving primarily a neighborhood with relatively low volumes of traffic.
COMMERCIAL/INDUSTRIALA road serving commercial and/or industrial areas anticipating continued large truck traffic.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of right-of-way, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself/herself or others.
The division of any parcel of land into two or more lots,
blocks, or sites, with or without streets or highways, and includes
resubdivision.
A drawing, prepared by a New York State licensed professional engineer or land surveyor (with appropriate certification), showing a proposed subdivision meeting the requirements of Article III of this chapter, together with any other applicable laws and/or regulations, to be submitted to the Planning Board for approval, and which, if approved, shall be filed or recorded by the subdivider in the Office of the Genesee County Clerk.
Highway Superintendent of the Town of Bergen and who shall
assume the operation and maintenance of respective portions of a development
upon dedication to the Town.
A person licensed as land surveyor by the State of New York.
A map of the contiguous parcels, including the land to be
developed, owned by a person applying for development approval.
A person or firm duly licensed to practice law in the State
of New York, engaged by the Town to review and prepare necessary documentation
as required for districts, easements, letters of credit, dedication,
surety or other legal matters.
The Town Board of the Town of Bergen.
A licensed professional engineer retained by the Town on
a consulting or full-time basis.
One residential living quarters for one-family unit; or a
commercial or industrial usage of 60,000 gallons per year.
An official appointed by the Town Board to enforce Chapter 475, Zoning, of the Town of Bergen.
The officially adopted Zoning Law of the Town of Bergen,
together with all amendments thereto.[2]
A.
Throughout this chapter, one will find reference to
publications of other agencies or testing methods such as:
(1)
AASHTO: American Association of State Highway and
Transportation Officials.
(2)
ANSI: American National Standards Institute, Inc.
(3)
ASTM: American Society for Testing and Materials.
(4)
AWWA: American Water Works Association.
(5)
NYSDEC: New York State Department of Environmental
Conservation.
(6)
NYSDOH: New York State Department of Health.
(7)
NYSDOT: New York State Department of Transportation.
B.
Reference for these designations are widely accepted
and readily available for the specifics and details that may be required
for a design situation.