Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL DISTRICT
An area designated pursuant to Article 25-AA of the New York State Agriculture and Markets Law.
APPLICANT
Any person, firm, corporation, partnership, association or other entity who or which shall lay out any land division, lot line revision, subdivision, or resubdivision, or part thereof, either on behalf of himself or itself or for another or others.
BUILDABLE AREA
The space remaining on a lot after the minimum yard, area and bulk requirements of Chapter 305, Zoning, have been met or that area of the lot for which a variance from said minimum yard, area and bulk requirements has been granted by the Zoning Board of Appeals.
BUILDABLE LOT
A lot having a buildable area capable of accommodating proposed principal and accessory improvements and including, where required, an on-site water supply facility and sewage treatment system that meet the standards of the Erie County Department of Health.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREA
The total of the areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
COMPREHENSIVE PLAN
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 long-range protection, enhancement, growth and development of the Town located outside the limits of Village of Gowanda.
CONDITIONAL APPROVAL
Approval by the Planning Board of a preliminary or a final plat, subject to such conditions as may be set forth by the Planning Board in a resolution conditionally approving such plat. 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 County Clerk or Registrar as herein provided.
CONSTRAINED LAND
Land containing one or more of the following: state and/or federal protected freshwater wetlands; one-hundred-year floodplains or flood hazard areas; steep slopes of 20% and greater; and open bodies of water, including streams, ponds and lakes.
CUL-DE-SAC
A dead-end street or a portion of a street having only one vehicular outlet.
DWELLING
A building designed or used as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "two-family dwelling" or "dwelling group" shall not be deemed to include a motel, boardinghouse, tourist home or guesthouse.
EASEMENT
Authorization by a property owner for the use by another, for a specified purpose, of any designated part of real property.
ELEVATION
The elevation, in feet, above mean sea level, as determined from the nearest United States Coastal and Geodetic benchmark of the principal building to be sited on a lot.
FINAL PLAT
A drawing prepared by a New York State licensed professional engineer or land surveyor (with appropriate certification), in a manner prescribed by these regulations, showing a proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved and which, if approved, may be filed or recorded by the owner in the office of the Erie County Clerk.
FINAL SUBDIVISION PLAT APPROVAL
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 to 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 County Clerk.
HIGHWAY FRONTAGE
That portion of any lot which bounds a street, as measured along the property line, which is coincidental with such street right-of-way or center line, or on a corner lot in which case frontage is along both streets.
LAND DIVISION
Any division of a parent parcel so as to create one new lot fronting on an existing street and not involving the construction of any new streets or roads, not involving a resubdivision, and not adversely affecting the development of the remainder of the parcel or any adjoining property and not in conflict with any provision or portion of Chapter 305, Zoning, or this chapter.
LOT
Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter or Chapter 305, Zoning, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
LOT, CORNER
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
Any line dividing one lot from another.
LOT LINE REVISION or LOT LINE AMENDMENT
A change in the location of a boundary between two or more lots within a subdivision plat previously approved by the Planning Board and filed in the Erie County Clerk's office.
OFFICIAL MAP
The map, if any, established by the Town Board under Town Law § 270, showing the streets, highways, parks and drainage systems heretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats and the subsequent filing of such approved plats as provided for under Town Law § 278.
OPEN SPACE
Land left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites. The term shall not include land that is paved; used for the storage, parking or circulation of automobiles; or occupied by any structure. Open space may be included as a portion of one or more large lots or may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.
OWNER
The owner of record of a tract or parcel, the subdivision of which requires approval of the Planning Board, or a person or persons holding an option to purchase a tract or parcel, contingent only upon receipt of Planning Board approval of a proposed subdivision of such tract or parcel. The owner may be represented by a duly authorized agent or representative in the conduct of business before the Board, except in those instances specified hereafter that require the appearance of the owner in person.
PARENT PARCEL
A parcel of land legally in existence on the effective date of this chapter. For purposes of this chapter, the parent parcel shall be deemed to be that lot, parcel or tract of land owned by the person or persons as shown on the records of the Town of Collins Assessor's office as of the effective date of this chapter.
PLANNING BOARD
The Town of Collins Planning Board.
PRELIMINARY PLAT
A drawing, prepared in the manner prescribed in this chapter, showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, and all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as this chapter requires.
PRELIMINARY PLAT APPROVAL
The approval of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the final plat in accordance with the provisions of this chapter.
PROPERTY
Any lot or parcel of land.
RESUBDIVISION
A change in a subdivision plat previously approved by the Planning Board and filed in the County Clerk's office, which change affects any street layout shown on such plat, affects any area reserved thereon for public use, or changes the number of lots.
SKETCH PLAN
A conceptual sketch made on a topographic survey map showing the proposed subdivision in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located.
SKETCH PLAN REVIEW
The review of a conceptual layout of a proposed subdivision by the Planning Board. The review is limited to ensuring that the proposed subdivision meets the minimum lot and area requirements as set forth in the Town Zoning Law, Chapter 305, subject to approval of the plat in preliminary and/or final form in accordance with the provisions of this chapter.
STREET
A right-of-way for vehicular traffic, including, but not limited to, a road, avenue, lane, highway or other way.
STREET LINE
The dividing line between the street and the lot.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH
The distance between property lines or right-of-way lines.
SUBDIVISION
The division of any parcel of land resulting in the creation of lots, plots, or sites, with or without streets or highways, for the purpose, with respect to any portion of the original parcel, of immediate or future development, or for the immediate or future sale, lease or any other transfer of any interest in any portion of such original parcel. The term "subdivision" shall include a resubdivision.
SUBDIVISION, MAJOR
Any 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 road or the extension of municipal facilities.
SUBDIVISION, MINOR
Any subdivision or resubdivision containing not more than four lots fronting on an existing improved public street and not involving construction of any new street(s) or road(s) and that meets the criteria of § 267-9 of this chapter.
SUPERINTENDENT
The duly elected Town Superintendent of Highways or other such authorized official.
TRACT
Any body of land, including contiguous parcels of land, under the control of one or more owners acting in concert as part of a common scheme or plan.