[Amended 4-15-2015 by L.L. No. 2-2015; 6-14-2017 by L.L. No. 3-2017]
A.Â
Words used in the present tense include the future.
B.Â
Words used in the singular number include the plural, and words used
in the plural number include the singular, unless the context clearly
indicates the contrary.
C.Â
The word "shall" is always mandatory. The word "may" is permissive.
D.Â
A "building" or "structure" includes any part thereof. "Building
or other structure" includes all other structures of every description,
regardless of dissimilarity to conventional building forms.
E.Â
The phrase "used for" includes the phrases "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
F.Â
The word "person" includes a partnership or corporation as well as
an individual.
G.Â
The word "lot" includes the word "plot" or "parcel."
H.Â
The word "plat" means map or chart.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
That member of the Planning Board who shall be designated
to perform the duties of the Clerk of the Planning Board for the purposes
of these regulations.
A street which carries traffic from local streets to the
major system of arterial streets, including the principal entrance
streets of a residential development and streets for circulation within
such a development.
A street with only one means of vehicular ingress and egress
and with a turnaround at its terminus.
That licensed professional engineer, either employee or consultant,
who shall be chosen by the Town Board to perform the duties of the
designated Town Engineer for the purposes of these regulations.
An acquired right of use on the property of another for a
specified purpose on a designated part of that property.
A physical change to the land or installation of certain
services necessary to produce usable and desirable lots, blocks or
sites from raw acreage, including, but not limited to, water and sewer,
grading, pavement, curbs, gutters, storm sewers and drains and betterments
to existing watercourses, sidewalks, street signs, shade trees, sodding
or seeding and monuments.
A street intended to serve primarily as access to abutting
properties.
An arterial street which serves or is designated to be used
primarily for fast or heavy traffic.
A local street which is parallel to and adjacent to a major
artery and which provides access to abutting properties and protection
from through traffic.
A comprehensive plan for the general physical development
of the Town of Elma, prepared by the Planning Board pursuant to Town
Law[1] and which includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
The map which may be established by the Town Board under
§ 270 of the Town Law showing streets, highways and parks
and drainage theretofore laid out, adopted and established by law,
and any amendments thereto adopted by the Town Board of additions
thereto resulting from the approval of subdivision plats by the Planning
Board and the subsequent filing of such approved plats.
The Planning Board of the Town of Elma, Erie County, New
York.
The maps, drawings and charts showing the layout of a proposed subdivision, as specified in Article VII, § 123-20, of these regulations submitted to the Planning Board for approval prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout and improvements of such proposed subdivision.
An employee or officer designated by the Town to accept and review stormwater pollution prevention plans, forward the plans to the applicable employee, officer, or board of the Town of Elma, and inspect stormwater management practices, as provided in Chapter 120, Stormwater Management, of this Code.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities, as more particularly described in Chapter 120, Stormwater Management, of this Code.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, thruway, road, artery, avenue, boulevard,
lane, place, drive or however otherwise designated.
The exposed surface of the roadway used by vehicular traffic.
The width of the right-of-way or the distance between property
lines on the opposite sides of a street, measured at right angles
to the center line of such street.
Any person, firm, corporation, partnership or association
which shall lay out for the purpose of development and/or sale of
any subdivision as defined herein, either for himself, itself or for
others.
The division of any parcel of land into two or more lots,
block plots, or sites, with or without new streets or highways, for
the purpose of sale, transfer of ownership, or development. It also
includes any alteration of lot lines or dimensions of any lots or
sites shown a plat previously approved and filed in the office of
the County Clerk. The definition of a "subdivision" excludes lots
that are over five acres in size. The Town of Elma also further defines
a subdivision as a minor or major subdivision as follows:
MINOR SUBDIVISIONAny subdivision containing not more than four lots, each of said lots being at least the minimum lot area permitted by the Zoning Ordinance,[2] each fronting on an existing street, not involving any
new street or road or the extension of municipal facilities, not adversely
affecting the development of the remainder of the parcel of adjoining
properties and not in conflict with any surrounding development or
any provision or portion of the Master Plan, Official Map, Zoning
Ordinance or these regulations.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of five or more lots or any size subdivision requiring any new street or extension of Town facilities.
The final maps, drawings and charts on which the subdivider's
plan of subdivision containing all information or detail required
by law and by these regulations is presented to the Planning Board
for approval and which, if approved, will be submitted to the Erie
County Clerk for filing or recording.
A person licensed as a land surveyor in the State of New
York.
