Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Massena, NY
St. Lawrence County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
As used in this chapter, words in the singular include the plural, and those in the plural include the singular. The words "shall" and "will" for the purpose of this chapter are defined as mandatory. For more definitions, see Chapter 207, Zoning.
A. 
For the purpose of this chapter, the following terms shall be considered interchangeable:
(1) 
The words "Law," "regulation(s)" and "Law."
(2) 
The terms "Town" and "Town of Massena."
(3) 
The terms "subdivider" and "developer" and the terms "subdivision" and "development."
(4) 
The terms "State Environmental Quality Review Act" and "SEQRA."
B. 
Unless otherwise expressly stated, the following definitions shall, for the purpose of this chapter, have the meaning herein indicated. Any pertinent word or term not a part of this listing shall be construed to have its legal definition, as may be defined in "The Latest Illustrated Book of Development Terms: New Expanded Edition" by Moskowitz and Lindbloom, 2004, CUPR Press.
The following is a list of specific terms, found elsewhere in the chapter, along with definitions of their intended meaning:
ALLEY
A permanent service roadway providing a means of access to abutting property and not intended for general traffic circulation.
ALL-WEATHER SURFACED
The surfacing of a street, parking area, access or walkway to a dustless, mud-free and otherwise permanently passable condition during all seasons of the year and under adverse weather conditions. Macadam, gravel, crushed stone and shale surfaces will all suffice to meet this test, but the depth and installation of the material shall be subject to the approval of the Town Engineer.
APPLICANT
A landowner, developer or subdivider, as hereinafter defined, who has filed an application for subdivision plat approval, including heirs, successors and assigns.
BERM
A mound of earth or the act of pushing earth into a mound.
BLOCK
A tract of land or a lot or group of lots bounded by streets, public parks, railroad rights-of-way, watercourses, bodies of water, boundary lines of the Town, or any combination of the above.
BUILDING
A structure formed of any combination of materials which is erected on the ground and permanently affixed thereto and designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals, or property of any kind.
CENTRAL SEWAGE OR WATER SUPPLY
A sewage system or water supply system designed to serve more than one dwelling unit or building; not including the use of a single well or disposal system for two dwellings on the same parcel of land. See "on-site sewage or water supply" for further information.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection(s), defined by lines of sight between points at a given distance from the intersecting street center lines.
CODE ENFORCEMENT OFFICER
An individual who is appointed or hired on a consulting basis to administer and enforce local land use laws and the New York State Uniform Fire Prevention and Building Code.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a subdivision, which a parcel or parcels have been designed and intended for the use or enjoyment of residents of the development. It does not include streets, off-street parking areas and areas set aside for utility placement, rights-of-way or similar public facilities.
COMMON PROPERTY
All of the land and improvements part of a subdivision which is to be jointly owned and maintained by the lot owners, lessees and/or members of the subdivision and identified as such by the subdivider on any plat offered to the Town for approval.
CONSERVATION (CLUSTER) SUBDIVISION
A form of development for single-family residential subdivisions that permits a reduction in lot area and other development standards, provided that there is no increase in the number of lots permitted under a conventional subdivision, given the specific site conditions, and no less than 35% of the total land area is devoted to permanent open space.
COUNTY
The County of St. Lawrence, State of New York, and its planning agency.
CUL-DE-SAC
A minor street providing a single access to a group of lots with a turnabout area at the end of such street.
DEC
The New York State Department of Environmental Conservation.
DEVELOPER
The owner, or authorized agent of the owner, including but not limited to any individual, partnership or corporation that undertakes a subdivision or any of the activities covered by this chapter, particularly the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term "subdivider," even though the personnel involved in successive stages of this project may vary.
DRIVEWAY
A defined private access from an individual lot to a public or approved private right-of way.
DWELLING
A building arranged, intended, designed, or used as the living quarters for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or tourist home.
A. 
A building arranged, designed and intended for and occupied exclusively by one family.
B. 
A building arranged, designed and intended for and occupied by two families living independently.
C. 
A building arranged, designed and intended for and occupied by three or more families living independently and having no cooking or sanitary facilities in common with any other dwelling unit, including apartment houses, apartment hotels, flats and garden apartments.
DWELLING UNIT
One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public or private purpose and within which the lessee or owner of the property shall not erect any permanent structure but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
FLAG LOT
A lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway.
FRONTAGE
That side of a lot abutting on a street or way and ordinarily regarded as the front lot, but it shall not be considered as the ordinary side of a corner lot.
HOUSEHOLD
A family living together in a single dwelling unit, with common access to and common uses of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
LOCAL WATERFRONT REVITALIZATION PROGRAM
A planning program that has been jointly undertaken by the Towns of Louisville and Massena and the Village of Massena and approved by the New York State Department of State. One of the key features of the program is the articulation of coastal policies that apply in the waterfront revitalization area and with which actions must be consistent.
LOT
A tract or parcel of land held in single or joint ownership, not necessarily shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed, or required. The term lot shall also mean parcel, plot, site, or any similar term.
A. 
The area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
B. 
A division or redivision of land wherein lot area is shifted from one parcel to another so to improve the shape or dimension of each. See § 191-18 for further clarification.
C. 
The average of the widths of a lot at the building setback line and the rear lot line.
D. 
The length of the front lot line as measured at the street right-of-way line.
NATURAL SUBDIVISION
Any division of land where the parcels are already delimited by streets, railroads or other similar physical features, or by a natural land feature, such as a river, stream or cliff, and therefore effectively separating a parcel into different building lots.
ON-SITE SEWAGE OR WATER SUPPLY
Any sewage system designed to treat sewage by subsurface means or to provide water from a drilled well or spring, within the boundaries of an individual lot. See "central sewage or water supply" for further information.
PARENT PARCEL
The original, single area of land that is proposed to be divided to create smaller, individual lot(s).
PAVEMENT
Improvement of the traveled portion of a roadway with a hard, solid surface material conforming to the standards of the Town of Massena Highway Specifications (Chapter A215).
PERFORMANCE OR COMPLETION GUARANTEE
A surety bond, certified check or other security meeting the requirements of § 277 of the Town Law and the terms of which are satisfactory to the Town Attorney, guaranteeing the subdivider will install all required or planned improvements.
PERSON
Any individual, firm, trust, partnership, public or private association or corporation, or other entity.
PLAT
A drawing, map, chart, plan or plotting indicating the subdivision or resubdivision of land, which in its various stages of preparation can include the following:
A. 
A general plan, identified as such with the title "Sketch Plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for conceptual consideration by the Town, Planning Board site inspection and, in the case of conservation subdivisions, determining allowable density.
B. 
A complete plan prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "preliminary plat" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
C. 
A complete and exact plan, identified as such with the wording "Final Plat" in the title, with a professional engineer's or registered surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the preliminary plat.
SECRETARY
The clerk or secretary designated to accept applications, plats, fees and correspondence on behalf of the Town of Massena Planning Board.
SEQRA
The State Environmental Quality Review Act, a state law, 6 NYCRR Part 617, that requires the examination of environmental impacts of all actions that are permitted, funded or constructed by a local government.
SHOULDER
That portion of a roadway between the outer edge of the traveled way or pavement and the point of intersection of the slope lines at the outer edge of the roadway, for the accommodation of stopped vehicles and for lateral support.
STREET
A highway or road, intended primarily for the purposes of vehicular traffic, including the following:
A. 
A road the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
B. 
A road the primary purpose of which is to collect vehicular traffic from minor streets and deliver it major traffic streets.
C. 
A road the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways, such as State Highway 37.
D. 
An interior street parallel to a major or collector street and serving abutting properties.
E. 
A road accepted, owned, and maintained by the Town.
F. 
A road that has not been accepted by the Town.
SUBDIVIDER
Same as "developer."
SUBDIVISION
The division; for purposes of immediate or future sale, lease, partition by the court for distribution to heirs or devisees, transfer of ownership, building or lot development, of any parcel of land into two or more lots, plots, sites or other divisions of land; with or without streets or highways, excepting lot improvements as defined in § 191-18 of this chapter.
A. 
(1) 
Any subdivision conforming to all the following conditions:
(a) 
Containing two lots, including the original or parent parcel, but not more than four lots; and
(b) 
Not requiring any new street or road or the extension of municipal facilities; and
(c) 
With all lots fronting on an existing approved and improved street, excepting that in situations where a minor subdivision is located more than 300 feet from the nearest Town road, in which case the Planning Board may vary this requirement to allow a fifty-foot-wide right-of-way with a twelve-foot-wide travel way; and
(d) 
Not adversely affecting the development of the remainder of the parcel or adjoining property; and
(e) 
Not in conflict with any provision or portion of Chapter 207, Zoning, or this chapter.
(2) 
Notwithstanding these requirements, the Planning Board may, however, by waiver classify any subdivision as minor which does not involve new improvements.
B. 
Any subdivision or land development which is not a minor subdivision or lot improvement. Any subdivision which involves the utilization of central sewage disposal systems or water supplies, the construction of any streets, or the utilization of conservation subdivision techniques shall also be considered a major subdivision, regardless of the number of lots.
SURVEYOR
A land surveyor licensed by the State of New York.
TOWN
The Town of Massena, St. Lawrence County, New York.
TOWN BOARD
Governing council of the Town of Massena.
TOWN ENGINEER
A professional engineer licensed as such by the State of New York and appointed or hired on a consulting basis to provide engineering advice to the Town.
TOWN HIGHWAY SPECIFICATIONS
The standards of the Town of Massena pertaining to the approval of streets by the Town Highway Superintendent and the acceptance of such streets for formal dedication to the Town.
TOWN LAW
The New York State Town Law which governs the operation of all towns within the state.
WATERCOURSE
A discernible, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations, including intermittent streams but excepting drainage ditches, swales or diversion terraces.
WATERFRONT REVITALIZATION BOUNDARY
A portion of the waterfront revitalization boundary that extends along coastal areas from the Village of Massena and the Town of Louisville that is located within the Town of Massena's municipal limits. The boundary was adopted as part of the Local Waterfront Revitalization Planning Program. Refer to the Waterfront Revitalization Overlay Map.
WATERFRONT REVITALIZATION OVERLAY DISTRICT
A zoning district placed over portions of the Town's underlying zones and requires all uses to satisfy Waterfront Revitalization District standards that are specified in Chapter 207, Zoning, of the Town Code.