2-1-1.Â
Words in this Local Law are normally used in their ordinary
English usage. Certain terms shall have the meanings that follow,
except where the context clearly indicates a different meaning.
2-1-2.Â
The word "shall" is mandatory; the word "may" is permissive;
"should" is to be interpreted as expressing that which is desired
and not specifically required.
2-1-3.Â
All words used in the singular include the plural, and all words
used in the present tense include the future tense.
Federal Emergency Management Agency — United States
Department of Homeland Security
Professional Engineer
Right of Way
State Environmental Quality Review Act
The Building Department of the Town of Amherst, New York.
Commissioner of Building of the Town of Amherst, New York.
Erie County, New York.
Highway Superintendent of the Town of Amherst, New York.
Law, ordinance, rule or regulation of the federal, state,
county or town governments, as appropriate.
Includes a firm, association, organization, partnership,
company or corporation as well as an individual.
Any person who (1) having an interest in land, causes it,
directly or indirectly, to be divided into a subdivision or who (2)
directly or indirectly, sells, leases or develops or offers to sell,
lease or develop, or advertises for sale, lease or development, any
interest, lot, parcel site, unit or plot in a subdivision, or who
(3) constructs or contracts to construct improvements on subdivided
land or who (4) is directly or indirectly controlled by, or under
direct or indirect common control with any of the foregoing.
Planning Board of the Town of Amherst, New York.
Planning Director of the Town of Amherst, New York.
Town of Amherst, Erie County, New York, outside the Village
of Williamsville, New York.
Elected legislative body, Town of Amherst, New York.
Town Engineer of the Town of Amherst, New York.
Zoning Enforcement Officer of the Town of Amherst, New York.
[Added 3-4-2019 by L.L.
No. 7-2019]
The officially adopted Zoning Ordinance and Zoning Map of
the Town of Amherst, together with any and all amendments and conditions
adopted by the Town Board thereto.
The process of locating and designing vehicular access connections
to preserve the flow of traffic in terms of safety, capacity and speed.
A New York State licensed professional authorized to practice
architecture as defined by New York State laws.
A line parallel to the street right-of-way line, or edge
of pavement for a private road, between which line and the street
right-of-way no structure may be built.
Materials, written and graphic, including 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 long-range protection,
enhancement, growth and development which have been adopted and may
be amended by the Amherst Town Board in accordance with NYS Town Law
§  272-a.
See Public and Private Improvement Permit.
A curb break, or a place or way provided for the purpose
of gaining vehicular access between a street and abutting property.
The act of building structures or installing site improvements.
An authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the property.
A New York State licensed professional engineer (P.E.) authorized
to practice engineering as defined by New York State laws.
See Reserve.
STREET GRADE. 1) The elevation of the street as measured at
its crown; or 2) the slope of the street as measured between two points.
NATURAL GRADE. The elevation above North American Vertical Datum
of 1988, of the surface of the ground prior to any development. Within
special flood hazard areas, the National Geodetic Vertical Datum of
1929 shall also be used.
FINISHED GRADE. The elevation of the finished surface of the
ground adjoining the building after final grading and normal settlement.
An incorporated non-profit organization operating under recorded
land agreements through which each lot owner of a developed area is
a member and each lot is subject to charges for a proportionate share
of the expenses for the organization's activities such as maintaining
common property.
Any facility or service together with its associated site
necessary to provide street pavements, curbs, gutters, sidewalks,
crosswalks, water mains, sanitary and storm sewers, street trees,
utilities, and other appropriate items provided in the development
installed privately, and to be owned, maintained or operated by a
private entity, such as an individual, corporation or homeowners association.
Any public facility or service together with its associated
public site or right-of-way necessary to provide street pavements,
curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm
sewers, street trees, utilities, and other appropriate items as installed
or provided in the development and to be owned, maintained, and operated
by the municipality or special district.
A New York State licensed professional authorized to practice
land surveying as defined by New York State Laws.
A parcel of land for a structure, use and the accessory structures
or uses customarily incident to it, including such yards as are required
by ordinance and such yards as are arranged and designed to be used
in connection with such structure.
Any boundary line of a lot.
CORNER LOT. A parcel of land having lot lines at the junction
of two or more streets or having lot lines on the same street forming
an interior angle of intersection not more than 135 degrees.
FLAG LOT. A lot so shaped that the main building site area is
set back from the street on which it fronts and includes only a long
narrow access strip connecting the main building site with the frontage
street.
INTERIOR LOT. A lot other than a corner lot.
THROUGH LOT. An interior lot which has frontage on more than
one street.
REVERSE FRONTAGE LOT. A lot on which the frontage is at right
angles or approximately right angles to the general pattern in the
area. A reverse frontage lot may also be a corner lot, an interior
lot or a through lot.
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Land designated as a separate parcel on a plat map or deed
filed or recorded in the office of the Clerk of Erie County, New York.
A local street or alley that provides access to abutting
properties parallel and adjacent to an arterial street.
An area unobstructed by buildings from the ground upward,
except for walks, paths, landscaping or other site features in public,
common or other private ownership. Yards of individual lots occupied
by dwellings shall not constitute open space.
A parcel or parcels of land or an area of water, or a combination
of land and water within the site, privately owned and designed and
intended for the use and enjoyment of two or more households residing
in the site or in specified portions thereof, or other users if permitted
by the owners of the common open space. Common open space may contain
such structures and improvements as are necessary and appropriate
for the benefit and enjoyment of persons served by such common open
space.
Shall include, in addition to its usual meaning, tenant,
lessee, occupant, or other user.
A public or private right-of-way intended solely for pedestrian
circulation which may be located within a street right-of-way.
An agreement by and between a petitioner and a bonding company
or personal fidelity or property bond in favor of the Town for the
amount of the estimated construction cost, and guaranteeing the completion
of physical improvements according to approved plans and specifications
within the time prescribed by the petitioner's agreement.
A drawing showing the proposed plan of the subdivision and
supplementary information which is submitted for approval to the Planning
Board.
A map and related material submitted to the Planning Board
in order to obtain approval for a proposed subdivision of land. If
approved by the Planning Board, it provides the basis for proceeding
with the preparation of the final plat of a subdivision.
A survey record of the subdivision, or part thereof, showing
location of lots, street right-of-way, easements, and other pertinent
data as required in these Regulations.
Permit to build a public or private improvement approved
by the Town Board and issued by the Town Engineer.
A utility whose ownership is not fixed in a public body as
electrical, gas and phone lines and supporting apparatus, structures
or markers.
A parcel of land within a subdivision that is intended for
future use, or interim continued existing use.
A strip of land not dedicated to public use located between
a private parcel and a public right-of-way that prevents access to
the public right-of-way.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout shown on such map, or
area reserved thereon for public use, or any lot line, or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivision. This process is also referred to as replatting.
The width, between property lines, of a street, alley, or
easement (measured at right angles to the center line of a street).
Residential subdivisions in the AG, Agricultural, or R-R,
Rural Residential Districts, or on land which is outside the utility
service area for wastewater services and for which the provision of
these services will be accommodated through the use of individual,
privately owned systems.
Any immediate or future transfer of ownership, including
contract of sale or transfer, or an interest in a subdivision or part
thereof.
A simple sketch of the proposed layout of streets, lots,
and other features of a proposed subdivision in relation to existing
conditions, including topography, prepared by the petitioner and submitted
to the Planning Board for the purpose of obtaining the advice and
assistance of the Planning Department Staff and approval of the Planning
Board before preparation of the preliminary plat.
As defined by §  7-7-4 of the Zoning Code
of the Town of Amherst.
A public or private way which permits conducting of vehicular
travel and/or affords a primary means of access by vehicles and pedestrians
to abutting properties including the entire area within the right-of-way.
The term includes those ways as shown on plats filed in the Office
of the Erie County Clerk, whether improved or not.
EXPRESSWAY. A divided arterial highway for through traffic to
which access from the abutting properties is prohibited and all street
crossings are made by grade-separated intersections.
MAJOR ARTERIAL. A high volume roadway that carries the major
portion of daily trips to centers of activity in the metropolitan
area. Major arterials (also called principal arterials) place a greater
emphasis on mobility rather than access to land and include fully
and partially controlled access facilities in three categories: Interstates,
Expressways, and Streets. A major arterial serves major through movements
between important centers of activities in a metropolitan area, and
a substantial portion of trips entering and leaving the area. It also
connects freeways with major traffic generators.
MINOR ARTERIAL. A street that connects and augments the major
arterial system. Although its main function is still traffic mobility,
a minor arterial performs this function at a somewhat lower level
and places more emphasis on land access than does a major arterial.
A system of minor arterials serves trips of moderate length and distributes
travel to geographical areas smaller than those served by a major
arterial.
COLLECTOR. Street that distributes trips from and channels trips
to arterials. Additionally, these roadways provide access and circulation
within residential neighborhoods. Collector streets provide for both
access and circulation within residential, commercial, and industrial
areas. Their access function is more important than that of arterials,
and unlike arterials, their operation is not always dominated by traffic
signals.
LOCAL COLLECTOR. A street that distributes lower volumes of
traffic from predominantly residential developments to collector streets
and arterials. Local collectors carry through traffic, but at lower
volumes than collectors.
LOCAL STREETS. A street that provides for local traffic and
the lowest level of mobility. Through traffic movement is discouraged
on local streets.
The slope of the street as measured between two adjacent
points located on the street centerline.
The right-of-way line associated with: 1) a public street;
or 2) edge of pavement abutting a private street.
The wearing or exposed surface of the roadway used by vehicular
traffic excluding gutters, shoulders, and curbing.
The division of any parcel of land into five or more lots,
blocks or sites in any three year period, with or without streets
or highways, for sale or for rent for residential lots or residential
building plots. Such division shall include resubdivision of parcels
of land for which an approved plat has already been filed in the office
of the County Clerk and which is entirely or partially undeveloped.
A residential development in accordance with §  278
of NYS Town Law in the R-R District that helps retain viable agriculture
and open space; minimizes land use conflicts; provides for recreational
and habitat corridors through linked open space networks; achieves
flexibility, efficiency and cost reduction in the provision of services
and infrastructure; and does not rely on central sewer facilities.
See §  4-3-2.
See §  4-3-1.
Date upon which the sketch plan, preliminary plat, or final
subdivision plat, complete and accompanied by a fee, if required,
and all supporting data required, has been received by the Planning
Department.
The banking of a roadway along a horizontal curve so that
motorists can safely and comfortably maneuver the curve at reasonable
speeds.
The plan and recommendations adopted by the Planning Board
or Town Board indicating existing and proposed freeways and streets.
The combination of mainly physical measures that reduce the
negative effects of motor vehicle use, alter driver behavior, and
improve conditions for non-motorized street users. Examples of traffic
calming devices include speed tables, diverters, neck-downs, chicanes,
bump-outs, and roundabouts.
All lines and facilities related to the provision, distribution,
collection, transmission or disposal of water, sanitary and storm
sewage, oil, gas, power, information, telecommunication and telephone
cable.
Areas regulated by the New York State Department of Environmental
Conservation or applicable Federal agencies as Fresh Water Wetlands
as prescribed by law.
