A.
Word usage. Words in the singular include the plural,
and words in the plural include the singular. The word "person" includes
a corporation, limited liability companies or partnerships, an unincorporated
association and a partnership as well as an individual. The word "lot"
includes "parcel" or "plot." The word "building" includes "structure"
and shall be construed as if followed by the word "or part thereof."
The word "street" includes "road," "highway" and "lane," while "watercourse"
includes "drain," "ditch" "swale" and "stream." The word "may" is
permissive. The word "shall" is mandatory.
B.
ACCESS
ACCESS CONNECTION, VEHICULAR
ACCESS MANAGEMENT
ALLEY
APPLICANT
APPURTENANT ACTIVITIES
ARCHITECT
BLOCK
BOARD
BOARD OF HEALTH
BOND
BUILDING DEPARTMENT
BUILDING PERMIT
CERTIFICATION OF COMPLETION
CERTIFICATE OF OCCUPANCY
CLUSTERING
CODE ENFORCEMENT OFFICER
COLLECTOR STREET
COMPREHENSIVE PLAN
CONCEPT PLAN
CONDITIONAL APPROVAL OF A FINAL PLAT
CONSERVATION ADVISORY COUNCIL
CONSTRUCTION DETAIL
CONTRACTOR
CORNER CLEARANCE
CROSSWALK
CUL-DE-SAC
DEDICATION
DEVELOPER
DEVELOPMENT PLAN
DIAMETER BREAST HEIGHT (DBH)
DOUBLE FRONTAGE LOT (REVERSE FRONTAGE LOT)
DRAINAGE DISTRICT
DRAINAGE EASEMENT
DRIVEWAY
DULY DESIGNATED OFFICER
EASEMENT
ENGINEER
ENGINEER FOR THE TOWN
ENVIRONMENTALLY SENSITIVE AREA
ENVIRONMENTAL REVIEW
FINAL SUBDIVISION PLAT
FLOOD HAZARD AREA
FLOOD LIMITS
FLOODPLAIN
FLOODWAY
GRADING PLAN
GREENBELT
IMPROVEMENTS
INDIVIDUAL SEWERAGE SYSTEM
INSPECTOR
LETTER OF CREDIT
LOT
METES AND BOUNDS SURVEY
MAJOR SUBDIVISION
MINOR SUBDIVISION
MONUMENT
MULTIPLE DWELLING
MUNICIPAL REVIEW COMMITTEE
NONCONFORMING ACCESS
OFFICIAL MAP
OFFICIAL SUBMISSION DATE
OPEN DEVELOPMENT AREA
OWNER
PARALLEL ACCESS ROAD
PARCEL
PARCEL LINE ADJUSTMENT
PARENT PARCEL
PEDESTRIAN ACCESS WALKWAY
PERMANENT HIGHWAY EASEMENT
PIN
PLANNING BOARD
PLAT
PREAPPLICATION CONFERENCE
RECORD SHEET
RESUBDIVISION
RIGHT-OF-WAY
(1)
(2)
SERVICE DRIVE
SETBACK
SIGNIFICANCE DETERMINATION
SITE PLAN
SKETCH PLAN
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
STREET GRADE
STREETS
(1)
(2)
(3)
(4)
(5)
SUBDIVIDER
SUBDIVISION
SURVEYOR
TOPSOIL
TOWN BOARD
USABLE LAND
WETLANDS
ZONING MAP
ZONING ORDINANCE
Definitions. Unless otherwise expressly stated, the
following terms shall, for the purposes of this chapter, have the
meanings indicated:
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a parcel.
Any driveway, private street, turnout, or other means of
providing for the movement of vehicles to or from a public street.
The process of locating and designing vehicular access connections
to preserve the flow of traffic in terms of safety, capacity and speed.
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.
The owner of land proposed to be subdivided or developed
or his agent. Proof of ownership shall be required from the legal
owner of the land proposed to be subdivided.
All on-site operations located on properties with approved
subdivision or site plans involved in the hauling, treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding
and crushing.
A person licensed as an architect by the State of New York.
A tract of land bounded by streets and public parks, cemeteries,
railroad rights-of-way, shorelines of waterways or boundary lines
of other municipalities.
The Town of Clarence Town Board.
The New York State Department of Health.
Any form of security, including a cash deposit, surety bond,
collateral, property or letter of credit, in an amount and form satisfactory
to the Attorney for the Town. All forms of security shall be approved
by the Town Board and/or Planning Board wherever a bond is required
by this chapter.
[Amended 12-1-2010 by L.L. No. 4-2010]
The Town of Clarence agency responsible for matters of code
enforcement and building construction.
An authorization issued by the Building Department to commence
work on a structure in accordance with approved plats and specifications
and in compliance with the New York State Uniform Fire Prevention
and Building Code.
A document which certifies that all site improvements have
been completed in compliance with plans approved by the Planning Board.
[Amended 12-1-2010 by L.L. No. 4-2010]
A document which certifies that a structure is habitable.
[Amended 12-1-2010 by L.L. No. 4-2010]
Authority, granted by § 278 of the Town Law of New York State, whereby the Town Board is authorized to modify certain provisions of the Town of Clarence Zoning. The modification must occur at the same time the plat or plats are approved pursuant to this chapter and modifications are subject to reasonable conditions set forth by the Town Board/Planning Board. The purposes of such authorization will be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of the land. It is designed to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands. This term shall be synonymous with open space design development and incentive lot design development as identified in the Town of Clarence Zoning Law, Chapter 229 of the Town Code of the Town of Clarence.
[Amended 12-1-2010 by L.L. No. 4-2010]
The agent appointed by the Town Board to enforce the codes
of the Town of Clarence.
A dedicated street used to carry traffic from minor streets
to primary or major thoroughfares, including the principal entrance
streets of a development and streets for circulation within a development.
The materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports, and other
descriptive material, that identify the goals, objectives, principles,
guidelines, policies, standards, devices, and instruments for the
immediate and the long-range protection, enhancement, growth and development
of the Town.
A drawing prepared in accordance with Article III of this chapter showing in general form the manner in which a tract of land is to be subdivided or developed. This definition shall also include "sketch plan/plat."
The approval by the Town Board of a final plat subject to
conditions set forth in a resolution. Such conditional approval does
not qualify a final plat for recording in the office of the Erie County
Clerk, nor does it provide authorization for the issuance of building
permits.
An environmental research and advisory board created by the
Town Board pursuant to Article 12-F of the General Municipal Law.
The Board reviews and makes recommendations to the Town Board and
Planning Board on natural and physical environmental factors for projects
under review by the Planning Board and Town Board.
[Amended 12-1-2010 by L.L. No. 4-2010]
The maps or drawings accompanying a subdivision plat or site
plan and showing the specific location and design of improvements
to be installed in the subdivision pursuant to the requirement of
these regulations and in conformance with local and regulatory agency
requirements.
[Amended 12-1-2010 by L.L. No. 4-2010]
An agent acting for the developer to construct the required
improvements of the project. The contractor is responsible to perform
the work in conformance with these requirements subject to the approval
of Town officials.
The distance from an intersection of two or more public or
private streets.
See “pedestrian access walkway.”
A minor street with one end open for vehicular traffic and
pedestrian access and the other end terminating in a vehicular turnaround.
The deliberate unconditional appropriation of real property
by its owner for any general and public uses. Offers of dedication
are subject to approval by the Town Board and/or the Superintendent
of Highways.
An individual, partnership, limited liability company, limited
liability partnership, corporation or its agent holding title to a
parcel of land to be developed or subdivided.
A tentative subdivision plat clearly marked "preliminary plat," prepared in accordance with Article III of this chapter. This plat shows in greater detail than the sketch plat features of the land, street and lot layout within and adjacent to the proposed subdivision and includes preliminary design data of the Town of Clarence for related improvements.
The diameter of a tree species at approximately 4 1/2
feet above ground level.
A lot having at least two sides fronting on separate streets,
which do not intersect while adjoining the lot.
A special district established or extended pursuant to the
Town Law of the New York State statutes for the purpose of constructing
or maintaining stormwater drainage facilities.
The lands or easements 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 flood damage.
An access point serving one or more lots that provides ingress
to or egress from a local or collector road or street. Mutually owned
driveways must have reciprocal easements and a common maintenance
agreement.
The person or public official authorized to sign subdivision
plats or site plans pursuant to these regulations. In the absence
of any designated official, the duly designated officer shall be assumed
to be the Town Supervisor and/or Planning Board Chairperson.
[Amended 12-1-2010 by L.L. No. 4-2010]
Authorization granted by a property owner for the use by
another of any designated part of his property for a specified purpose
not inconsistent with the general property rights of the owner.
A person licensed as professional engineer (PE) by the State
of New York.
The duly designated engineer for the Town of Clarence.
Land or land features critical to the maintenance of ecosystems.
See "state environmental quality review (SEQR)."
A plat of a major subdivision, prepared in accordance with Article III of this chapter, showing the subdivision in its most detailed form.
The land in the floodplain within the community subject to
a one-percent or greater chance of flooding in any given year.
The land/water boundary of a natural watercourse flowing
at its one-hundred-year frequency as defined by a responsible agency,
such as the United States Army Corps of Engineers and the United States
Department of Housing and Urban Development.
Areas adjoining a watercourse which are flooded as a result
of a severe combination of meteorological and hydrologic conditions.
The channel and those parts of the adjoining floodplain which
are required to carry and discharge floodwaters without unduly raising
upstream water levels.
A plat showing all present and proposed grades for stormwater
drainage and final site design.
A landscaped area between adjoining land uses.
Those physical additions and changes to the land that may
be necessary to produce functional lots, including but not limited
to grading, paving, curbing, fire hydrants, water mains, sanitary
sewers and drains, utilities, sidewalks, pedestrian access walkways
and required plantings which may or may not be offered for dedication.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage or other liquid wastes into
the soil of the lot.
An agent of the Town empowered to inspect the progress of
the project and compliance of the construction with the approved plats
and specifications.
A letter taken out by the owner from a bank which guarantees
the Town that a specific amount of money will be kept available for
the completion of construction of facilities to be dedicated. This
security can be drawn on only by the Town and guarantees that certain
or all improvements will be made in accordance with the approved plats.
Land identified by legal description or tax account number,
which is filed or proposed to be filed in the Erie County Clerk's
office, having the minimum area or dimensions permitted in the Town
of Clarence land use controls. A lot is considered to be a unit of
transfer or a unit for development.
Legal boundary survey stamped by a licensed professional
engineer of the State of New York with a legal text description.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any subdivision
requiring any new street or any extension of Town or other municipal
facilities.
Any subdivision containing not more than four lots, each
of at least the minimum lot area and dimension permitted by the Zoning
Law, not involving any new public street or road or the extension
of Town or other municipal facilities, not adversely affecting the
development of the remainder of the parcel or adjoining properties
and not in conflict with any provision or portion of the adopted Comprehensive
Plan, Official Map, Zoning Law, or this chapter.
A permanent reference marker set at points as may be required
by this chapter.
A dwelling of three or more separate living units.
The Town Board appointed committee responsible for reviewing
and forwarding recommendations under the State Environmental Quality
Review Act (SEQRA).
An access connection existing prior to the date of adoption
of this Law which in its design or location does not conform with
the requirements of this Law.
A map so designated by the Town Board that shows streets,
highways, parks, or drainage systems or areas where new streets, highways,
parks, or drainage systems are to be implemented.
The date when a subdivision plat shall be considered submitted
to the Town Board, as provided in § 276 of the Town Law
of the New York State statutes and is hereby defined to be the date
of a meeting of the Town Board at which all required surveys, plats
and data required in the subdivision application are deemed submitted.
Pursuant to § 280-a of Town Law, a subdivision
of not more than four lots, developed along a private drive.
Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
or developed under this chapter.
A local street that is parallel and adjacent to a primary
or major thoroughfare.
An area of land defined by a Tax Map (section, block and
lot) number or by metes and bounds.
A transfer of land from one parcel to another parcel without
creating any new parcels.
A parcel of land as it existed on the effective date of this
chapter.
A right-of-way, municipally or privately owned, at least
four feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
A strip of land adjacent to an existing street right-of-way
line used for a public purpose. The front lot line shall be considered
to be coincident with the "permanent highway easement" boundary. Front
setbacks and other necessary lot measurements shall be measured from
the "permanent highway easement" line. Where there is no requirement
for a "permanent highway easement," the front 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 metal reference marker set at points as may be required
in this chapter.
A Municipal Board created pursuant to § 271 of
the New York State Town Law.
A map cover of a major or minor subdivision that is filed
with the Erie County Clerk's Office pursuant to these regulations.
An informal meeting between the Town and a subdivider or developer to develop an understanding of the general design and layout of the land, street and lot Article III of these regulations. This plat shows in greater detail than the sketch plat features of the land, street and lot layout within and adjacent to the proposed subdivision and includes preliminary design data of the Town of Clarence for related improvements.
A map or plat that provides information concerning the actual
location of improvements as built; also known as an "as-built drawing."
Revision of all or part of an existing filed plat, including
consolidation of lots or alteration of approved lot boundaries. If
the proposed resubdivision consists solely of the simple alteration
of lot lines, then normal subdivision procedures may be waived at
the discretion of the Board. Major or minor status is at the discretion
of the Town Board.
PRIVATE RIGHT-OF-WAYExisting land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipelines, rails or other special use.
PUBLIC RIGHT-OF-WAYExisting land owned by public agencies for use as a street or other public purpose.
See "alley."
The required space between any street or highway line and
the wall of the main structure, including any attachment thereto,
with the exception only of cornices or entrance steps.
A decision made by the lead agency at one or more points
in the approval process. The decision establishes the degree to which
the proposed project is likely to affect the environment.
A diagram drawn to scale showing the development plans for
a lot.
See "concept plan."
A formal review, pursuant to Part 617 of the New York Codes,
Rules and Regulations, which encourages productive and enjoyable harmony
between man and his environment, to promote efforts that will prevent
or eliminate damage to the environment and enhance human and community
resources and to enrich the understanding of ecological systems, natural,
human and community resources important to the people of the Town
of Clarence.
The approved elevation of any public road.
A paved surface used for public transportation purposes.
The following functional classifications are defined as follows:
ALLEYA 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.
LOCAL STREETA publicly dedicated right-of-way used as the primary means of access for individual properties.
COLLECTORA publicly dedicated right-of-way used to carry traffic from local streets and alleys to minor or major arterials, including but not limited to the principal entrance streets of a development and streets for circulation within a development.
MINOR ARTERIALA publicly dedicated right-of-way used to carry traffic from collector streets to other areas of the Town or adjacent municipalities. Efficiency and limited-access controls are present to reduce conflicts and improve effectiveness of the roadway.
PRINCIPAL ARTERIALA publicly dedicated right-of-way used to carry traffic from collectors and minor arterials to other areas of the Town and Western New York region.
Any person, firm or corporation or its agent proposing a
subdivision as defined herein.
The division of any parcel into two or more parcels.
A person licensed as a land surveyor by the State of New
York.
The layer surface material which is not less than eight inches
deep and which is capable of nurturing vegetation.
The municipal governing board of the Town of Clarence.
Land that is not protected by state or federal environmental
law, not covered with water, or subject to flooding; also, land not
encumbered by any utility, conservation, or access easement, including
public and private highway rights-of-way.
Freshwater wetlands, including lands and submerged lands,
commonly called "marshes," "swamps," "sloughs," "bogs" and "flats,"
supporting aquatic and semiaquatic types identified in Article 24
of the New York State Environment Conservation Law.
The officially adopted map of the Town of Clarence, which
shows the boundaries of the zoning districts.
The officially adopted Zoning Ordinance of the Town of Clarence.
