Town of Bergen, NY Terminology

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.

ALLEY or SERVICE DRIVE

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.

ARTERIAL STREET

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.

AS-BUILT DRAWINGS

Drawings submitted upon the completion of subdivision and prior to dedication and certificate of occupancy.

BLOCK

An area bounded by streets.

BUILDER

A person who obtains a building permit for construction of a structure on an approved site.

BULK LAND TRANSFER

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.

CLEAR SIGHT TRIANGLE

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.

CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR

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]

COLLECTOR STREET

A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to an arterial street.

COMMERCIAL USE

Activity carried out for pecuniary gain.

COMPREHENSIVE DEVELOPMENT PLAN

The plan adopted by the Town that addresses future land use considerations pursuant to Town Law § 272-a.

CONDITIONAL APPROVAL OF A FINAL PLAT

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.

CONTRACTOR

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.

CROSSWALK

A right-of-way, municipally or privately owned, at least 10 feet in width, which traverses an area to furnish access for pedestrians.

DEAD-END STREET or CUL-DE-SAC

A short street with one end open for public vehicles and pedestrian access and the other end terminating in a vehicular turnaround.

DEDICATION

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.

DEVELOPER

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.

DRAINAGE RIGHT-OF-WAY

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.

EASEMENT

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.

ENGINEER or LICENSED PROFESSIONAL ENGINEER

A person licensed as a professional engineer by the State of New York.

FINAL PLAT

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.

FLOOD LIMITS

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.

FORMAL OFFER TO SELL

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.

FRESHWATER WETLANDS

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.

GRADING PLAN

A plan showing all present and proposed elevations for stormwater drainage and disposal.

INDUSTRIAL

Those fields of economic activity including forestry, fishing, hunting, trapping; mining; construction, manufacturing; transportation, communication, electric, gas services; wholesale, trade and food processing.

IMPROVEMENTS

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.

LETTER OF CREDIT

Financial security required to ensure the installation of improvements as shown on the approved plan subject to possible dedication to the Town.

LOCAL STREET

A street intended to serve primarily as an access to abutting properties.

LOT

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.

MAJOR SUBDIVISION

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.

MINOR SUBDIVISION

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.

MOBILE HOME

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.

MOBILE HOME PARK

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.

MUNICIPAL FACILITY

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.).

MULTIPLE DWELLING

Three or more dwelling units.

OFFICIAL MAP

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.

OPEN SPACE or OPEN AREA

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.

PLANNING BOARD or BOARD

The Planning Board of the Town of Bergen.

PRELIMINARY PLAT

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.

PUBLIC WORKS SPECIFICATIONS

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.

RESERVATION FOR HIGHWAY PURPOSES

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.

RESUBDIVISION

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.

SECRETARY OF THE PLANNING BOARD

The individual appointed by the Bergen Town Board.

SEQR

State Environmental Quality Review; part of the Environmental Conservation Law applicable to land development per 6 NYCRR Part 617.

SETBACK or BUILDING LINE

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.

SIGHT DISTANCE

The distance of visual sight available for access to a dedicated right-of-way from any parcel of land to be developed.

SITE PLAN

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.

SKETCH PLAN

A sketch of a proposed subdivision showing the information specified in Article V, § 437-25, of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to form of the layout and objectives of this chapter.

SPDES

State Pollutant Discharge Elimination System; program authorized by the Environmental Conservation Law issuing permits for stormwater discharges from construction activities.

SPDES GENERAL PERMIT

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.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

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.

STREET

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:

(1)

PRIVATEA new development serving primarily a neighborhood with relatively low volumes of traffic, not anticipated for dedication.

(2)

RESIDENTIALA new development serving primarily a neighborhood with relatively low volumes of traffic.

(3)

COMMERCIAL/INDUSTRIALA road serving commercial and/or industrial areas anticipating continued large truck traffic.

STREET PAVEMENT

The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH

The width of right-of-way, measured at right angles to the center line of the street.

SUBDIVIDER

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.

SUBDIVISION

The division of any parcel of land into two or more lots, blocks, or sites, with or without streets or highways, and includes resubdivision.

SUBDIVISION PLAT or FINAL PLAT

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.

SUPERINTENDENT OF HIGHWAYS

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.

SURVEYOR

A person licensed as land surveyor by the State of New York.

TOTAL HOLDINGS MAP

A map of the contiguous parcels, including the land to be developed, owned by a person applying for development approval.

TOWN ATTORNEY

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.

TOWN BOARD

The Town Board of the Town of Bergen.

TOWN ENGINEER

A licensed professional engineer retained by the Town on a consulting or full-time basis.

WATER USAGE UNIT

One residential living quarters for one-family unit; or a commercial or industrial usage of 60,000 gallons per year.

ZONING ENFORCEMENT OFFICER

An official appointed by the Town Board to enforce Chapter 475, Zoning, of the Town of Bergen.

ZONING LAW

The officially adopted Zoning Law of the Town of Bergen, together with all amendments thereto.[2]

[1]

Editor's Note: See Ch. 256, Construction Codes, Uniform.

[2]

Editor's Note: See Ch. 475, Zoning.

Any terms used in this chapter which are not defined herein shall have the meaning accorded to them by Chapter 475, Zoning, of the Town of Bergen.