The following rules of construction of language shall apply
to the text of this chapter:
A.
All words used in the present tense include the future tense.
B.
All words in the plural number include the singular number and all
words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction
of the wording indicates otherwise.
C.
The word "person" includes an association, partnership or corporation.
D.
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
E.
The word "building" includes the word "structure."
F.
"Lot" includes the words "plot," "parcel," "tract" or "site."
G.
The word "premises" includes a lot and all buildings or structures
thereon.
H.
"To erect," "to construct" and "to build" a building or structure
each have the same meaning and also include "to excavate" for a building
and "to relocate" a building by moving it from one location to another.
I.
"Used" shall be deemed also to include "designated, intended or arranged
to be used or occupied."
J.
"Shall" is mandatory and discretionary; "may" is permissive.
K.
"He" shall include the feminine gender "she" as well.
The following words or phrases as used in this chapter are defined
as follows:
Minor ways which are used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
A plan, prepared by the Village Board pursuant to § 7-722
of the Village Law, which indicates the general locations recommended
for various functional classes of public works, places and structures
and for the general physical development of the village and includes
any unit or part of such plan separately prepared and any amendment
to such plan or parts therein.
Approval of a final plat subject to conditions set forth
in a resolution conditionally approving such a plat by the Planning
Board. Such "conditional approval" does not qualify a final plat for
recording, nor authorize issuance of any 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 Wyoming County
Clerk.
The specifications entitled "Design Criteria and Construction
Specifications" for the Village of Warsaw. These criteria and specifications
are regulations which have been adopted by the Village Board and include
those amendments, additions or deletions which the Village Board shall
adopt from time to time by resolution.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
The authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of said property.
A person licensed as a professional engineer by the State
of New York.
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by this chapter,
to be submitted to the Planning Board for approval and which, if approved,
may be duly filed or recorded by the applicant in the Office of the
Wyoming County Clerk.
The signing of a plat in final form by a duly authorized
officer of the Planning Board pursuant to a Planning Board resolution
granting final approval of the plat, or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the Office
of the Wyoming County Clerk.
A parcel of land whose boundaries have been established by
a legal instrument such as a recorded deed or a recorded map and which
is recognized as a separate legal entity for the purpose of use or
transfer of title.
The map established by the Village Board pursuant to § 7-724
of the Village Law, showing existing and proposed streets, highways,
parks and drainage areas.
The Planning Board of the Village of Warsaw.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article V of this chapter, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
A change in a map of an approved or filed subdivision plat
if such change affects any street layout shown on such map or area
reserved thereon for public use, or any change of lot lines.
A way for vehicular traffic. A "street" may be designated
as a road, avenue, lane, alley or other similar term.
A street, normally a state highway, 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.
A street which serves or is designed to carry traffic from
minor streets to the arterial street system.
A street used primarily to provide access to abutting properties.
A street or a portion of a street with only one vehicular
traffic outlet.
A minor street which is parallel to and adjacent to an arterial
street and which provides access to abutting properties and protection
from through traffic.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the 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 oneself or others.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership or development, including resubdivision.
Any subdivision other than a minor subdivision.
A subdivision that does not involve the creation of more
than three lots from any one parcel of land following the date of
the enactment of this chapter. In addition, a "minor subdivision"
shall not involve the creation of any new public streets; the extension
of any public street, water or sewer line; or the installation of
drainage improvements through one or more lots to serve one or more
other lots.
A person licensed as a land surveyor by the State of New
York.
The area between the curb and sidewalk or, if no sidewalk
exists, the area between the curb and the public right-of-way.
A plat existing at the time of the enactment of this chapter
that has been filed in the Office of the Wyoming County Clerk, where
20% or more of the lots within the plat are unimproved.
The legislative body of the Village of Warsaw.
The engineer designated to act on behalf of the village by
the Village Board.
