Town of Marcellus, NY Terminology

The distance as measured:

From any street line to the front line of the main or principal building on a lot;

From the face of the side of a building to the side lot boundary line; and

(c)

From the face of the rear of a building on a lot to the rear lot lines.

CONDITIONAL APPROVAL OF A PLAT

The front property line and street line shall be determined to be the same line.

BUILDING, FRONT LINE OF

The line created by the face of the building (as extended to the side boundary lines) nearest the front line of the lot.

CLUSTER DEVELOPMENT

Shall have the meaning, if any, set forth in Chapter 235, Zoning, as such meaning shall change from time to time.

COMPREHENSIVE PLAN

A Comprehensive Plan prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures, and for general physical development of the Town, and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.

The approval by the Planning Board of a plat (either preliminary or final) subject to the conditions set forth in the Planning Board's resolution so conditionally approving that plat. A conditional approval does not qualify a final plat for filing in the County Clerk's Office unless and until all of the conditions have been satisfied by the owner or waived by the Planning Board, as evidenced by a subsequent resolution of the Planning Board. The Planning Board may condition any final plat approval on the owner and Town entering into an agreement requiring the owner to construct infrastructure improvements and/or public improvements, to provide security and insurance protecting the Town, in such amounts as the Town Board may require, and containing such other terms and conditions as the Planning Board and/or the Town Board may require.

CONSTRUCTION DRAWINGS

Maps, drawings, plans and plats, and/or specifications submitted as part of an application, or required in this chapter, showing the specific location and design of infrastructure improvements and public improvements to be installed in the subdivision as a condition of the approval of the plat by the Planning Board. The construction drawings must be stamped by an architect or an engineer; provided, however, with regard to the metes and bounds and topography of the lands to be subdivided, any map showing same may, in lieu thereof, be signed and stamped by a surveyor.

DEVELOPER

Same as "subdivider."

EASEMENT

The written recorded authorization by the then-owner of real property for the use, by another person, for a specified purpose, of all or any designated part of the owner's real property.

ENGINEER

A person licensed as a professional engineer by the State of New York, or licensed in a state with a reciprocal agreement with New York State.

ENVIRONMENTAL ASSESSMENT FORM (EAF)

A form used by the Planning Board in the State Environmental Quality Review process to assist in determining the environmental significance or nonsignificance of an action or project. (See "State Environmental Quality Review.")

ENVIRONMENTAL IMPACT STATEMENT (EIS)

A written document required for each Type I and unlisted action, which the Planning Board determines may have a significant impact on the environment. (See "State Environmental Quality Review.")

ESCROW

A deposit of cash with the Town in lieu of an amount required under a performance or maintenance bonds, letter(s) of credit, or other forms of security required to be delivered by the owner to the Town.

FACE OF THE BUILDING

The part of a building on a lot which is closest to a lot boundary line, including sun parlors, porches and decks, whether enclosed or unenclosed, but does not include uncovered steps.

FINAL PLAT

See Subsection (4) under "plans and plats."

FINAL PLAT APPROVAL or APPROVAL OF A FINAL PLAT

The signing of a final plat by a duly authorized officer of the Planning Board, pursuant to a resolution of the Planning Board, granting approval to the final plat. Final plat approval qualifies the final plat to be filed in the Onondaga County Clerk's Office.

GRADING PLANS

See Subsection (3) under "plans and plats."

INFRASTRUCTURE IMPROVEMENTS

Those public improvements to be constructed by or on behalf of the subdivider on, over or within the lands involved in the subdivision and to be eventually conveyed to the Town, by way of an easement or deed (e.g., roads, storm sewer drainage facilities, water lines, and the like), before approval of a final plat will be granted.

LEAD AGENCY

The agency having principal responsibility to make a determination of whether the subdivision may have a significant impact on the environment. Generally, with regard to the subdivision of land within the Town, the Planning Board will be the lead agency.

LOT

Land occupied or capable of being occupied by a building and its accessory buildings, together with such open spaces as are required, created in compliance with Town ordinances and local laws, having not less than the minimum area, width, depth and all other requirements for the zoning district in which said land is located, as set forth in Chapter 235, Zoning, and in compliance with all other applicable laws, rules and regulations.

LOT IMPROVEMENT

Any building or other improvement to the land as may be required by the Planning Board (including but not limited to clearing, final grading, and infrastructure improvements) that constitute a physical betterment of real property.

LOT WIDTH

The width of a lot measured along the street line.

MINOR LOT ALTERATION

A minor lot alteration is: (a) the transfer of land from one property owner to another involving adjacent lots which results in the mere adjustment of existing property lines; or (b) the consolidation of two or more lots into a lesser number of Lots; and (c) does not create or increase a nonconforming use; and (d) does not result in the creation of new roads, curb cuts, driveways, building lots, or infrastructure improvements. Whether the adjustment of lot lines is or is not a minor lot alteration is a determination to be made solely by the Planning Board. (See § 205-12.)

NEGATIVE DECLARATION

A statement by the lead agency indicating that a proposed subdivision will have no significant environmental impact.

OFFICIAL MAP

The map established by the Town Board of Marcellus under § 270 of the Town Law showing streets, highways, private roads, and parks heretofore laid out, adopted and established by law and any amendments thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.

OWNER

The owner or owners of record of the fee simple absolute title to real property.

PERFORMANCE BOND OR OTHER SECURITY

A bond or other security as permitted by § 277 of Town Law to assure the full and satisfactory completion of all required subdivision infrastructure improvements and public improvements, as specified in the Planning Board resolution of approval or conditional approval.

PERSON

Any one or more individual(s), partnership(s), corporation(s), limited-liability company (or companies), or any other entity, or any combination thereof.

PLANNED UNIT DEVELOPMENT or PUD

Shall have the meaning, if any, set forth in Chapter 235, Zoning, as such meaning shall change from time to time.

PLANNING BOARD

The Planning Board of the Town of Marcellus, Onondaga County, New York State.

PLANNING BOARD CLERK

The Clerk of the Planning Board.

PLANS and PLATS

SKETCH PLANA sketch of a proposed subdivision showing the information specified in § 205-47 of this chapter, to enable the subdivider to save time and expense to inform the Planning Board as to the form of the general layout of the proposed subdivision, and to obtain the Planning Board's initial thoughts regarding the proposed subdivision shown on the sketch plan.

PRELIMINARY PLATA drawing or drawings:

Clearly marked "preliminary plat";

Meeting the requirements specified in § 205-48 of this chapter; and

(c)

Submitted to the Planning Board for approval prior to submission of a final plat.

(3)

GRADING PLANSDrawings comprised of:

A grading plan showing the proposed grading for surface water runoff of the entire subdivision upon the completion of the subdivision, containing the details required by this chapter, and containing modifications, if any, as may be required by the Planning Board prior to the approval of the final plat; and

An erosion and sediment control plan.

[1]

A drawing or drawings showing temporary erosion and sediment control measures to be implemented and maintained during construction to minimize the risk of sediment erosion and/or pollution. The temporary methods shown on the erosion and sediment control plan shall be coordinated with the permanent measures shown on the grading plan to the extent practicable to assure continuous erosion control throughout the construction and post-construction periods.

[2]

The grading plans shall include sufficient information to evaluate and identify the existing topography, vegetation, soil types, environmentally sensitive areas, the potential impacts of the proposed grading (temporary and permanent), and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation both during and after construction. Measures other than those shown may be required by the Planning Board to be implemented during construction to compensate for field conditions or the method of the construction.

(4)

FINAL PLATA drawing in final form and complying with the requirements of § 205-49 of this chapter, showing a proposed subdivision, containing all information and detail required by law and this chapter, and presented to the Planning Board for approval and which, if approved, shall be duly filed and recorded by the applicant in the office of the County Clerk.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

POSITIVE DECLARATION

A statement by the lead agency indicating that a proposed subdivision will or may have a significant environmental impact, requiring an Environmental Impact Statement.

PRELIMINARY PLAT

See Subsection (2) under "plans and plats."

PROFILE

A drawing or drawings depicting a cross sectional view taken about the center of the subject (i.e., road, utility, sewers, water mains or other structure) depicting land elevations for proposed and existing conditions and all other features the section bisects.

PUBLIC IMPROVEMENTS

Any drainage ditch, road, sidewalk, pedestrian way, tree, off-road parking, recreation area, lot improvement, or other land or facility for which the Town may ultimately assume (or already has assumed) fee ownership, easement rights, and/or the responsibilities for maintenance and operation.

PUBLIC OPEN SPACE

Land, which the Town either owns or has easement rights to, which has been officially designated as a place of public recreation or open space, including but not limited to parks, playgrounds, squares, plazas, and similar uses.

PUBLIC RIGHT-OF-WAY

The boundary lines of a street, sidewalk or similar thoroughfare (which the Town owns or has easements rights to) defining the corridors for public vehicular and pedestrian traffic.

RESUBDIVISION

Alteration of the size, shape, quantity or orientation of lots, lot lines or any other elements set forth on a final plat filed in the Onondaga County Clerk's Office.

REGULATIONS

When the word "regulations" starts with a capital "R," this Chapter 205 of Code of the Town of Marcellus.

ROAD

The same as "street."

SECTION

Depending on the context, either:

A portion of the lands shown on a preliminary plat for which the subdivider requests final plat approval; or

SEQR or STATE ENVIRONMENTAL QUALITY REVIEW

A reference to a particular provision in this chapter or in the Town Law.

A process, required by SEQRA, to help government and the public protect and improve the environment. SEQR requires that environmental factors be considered along with social and economic considerations in government decisionmaking, including but not limited to subdivisions. (See Environmental Assessment Form and Environmental Impact Statement.) Compliance with SEQRA is required for all applications.

TYPE I ACTIONAn action that is likely to have a significant impact on the environment as listed in SEQRA.

SEQRA or STATE ENVIRONMENTAL QUALITY REVIEW ACT

TYPE II ACTIONAn action, which will not have a significant impact on the environment and for which no Environmental Assessment Form, is required.

(3)

UNLISTED ACTIONAn action that may have a significant impact on the environment as explained in SEQRA.

The New York Environmental Conservation Law, Article 8, including but not limited to §§ 3-0301(1)(b), 3-0301(2)(m), 8-0109 and 8-0113 thereof, and the regulations promulgated thereunder, as those provision of law and regulations shall be amended from time to time.

SIGHT DISTANCE

The distance required to provide unobstructed view of an object, in accordance with standards published by the American Association of State Highway and Transportation Officials (AASHTO).

SKETCH PLAN

See Subsection (1) under "plans and plats."

SOCPA

The Syracuse-Onondaga County Planning Agency.

STREET

A public right-of-way for vehicular traffic that is publicly owned, open to the general public and has been accepted by the Town. The term includes designations such as highway, parkway, road, avenue, boulevard, lane, place, drive, alley, and other variations. Streets are categorized as follows:

ARTERIAL STREET or MAJOR STREETOne that is used primarily as a route for fast traffic between communities.

COLLECTOR STREETOne which carries traffic from minor streets to a major street, including the principal entrance streets of a residential development and streets for circulation within such a development.

(c)

MINOR STREET or LOCAL STREETOne that is used primarily as an access to abutting properties.

(d)

MARGINAL ACCESS STREETA minor street that is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

(e)

CUL-DE-SAC or DEAD-END STREETA minor street with one end open for public vehicle access and the other end terminating in a vehicular turnaround. The length of a cul-de-sac street shall be measured along the center line from its intersection with the center line of the street from which it runs to the center of the cul-de-sac turnaround.

The various types of streets are classified and further described in § 205-36 of this chapter.

STREET LINE

The common boundary of a street right-of-way, as distinguished from the pavement and the front property line of a parcel.

SUBDIVIDER

The owner(s) of record of all of the land to be subdivided.

SUBDIVISION

The division of any parcel of land into two or more lots, blocks, sites or parcels;