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.
A.Â
For the purpose of this chapter, the following terms shall be considered
interchangeable:
B.Â
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.
C.Â
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the most recent version of Webster's Unabridged Dictionary.
The following is a list of specific terms, found elsewhere in
the chapter, along with definitions of their intended meaning:
The place, means, or way by which pedestrians and/or vehicles
shall have safe, adequate and usable ingress and egress to a property,
structure, or use.
A significant reduction in groundwater levels or changes
in groundwater quality that limit the ability of a groundwater user
to withdraw groundwater.
A state-required form identifying farm operations within
a certified agricultural district located within 500 feet of the boundary
of property upon which an action requiring municipal review and approval
by the Planning Board, Zoning Board of Appeals or Town Board pursuant
to Article 16 of New York State Town Law.
The surfacing of a street, parking area, access or walkway
to a mud-free or 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 Highway Superintendent or Town
Engineer, based on recognized industry standards.
A permanent service way providing a secondary means of access
to abutting lands.
The owner, or authorized agent of the owner, including, but
not limited to, any individual, partnership or corporation that undertakes
any of the activities covered by this chapter.
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.
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 by any combination of the above.
A structure formed of any combination of materials that 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.
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.
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 centerlines.
The person charged by the Town Board with responsibility
for administration and enforcement of this chapter. Also known as
Building Inspector.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a subdivision, which 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.
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 plan offered to the Town for approval.
An application for a permit that is in an approved form and
is determined by the Town agency with approval authority to be complete
for the purpose of commencing review of the application, but that
may need to be supplemented during the course of review to enable
the Town to make the findings and determinations required by law.
Approval by the Planning Board of a final plat site plan
or subdivision subject to the completion of specific criteria as set
forth in a resolution conditionally approving the final 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 register as herein
provided.
Bodies of water, 100-year floodplains, federal and state
wetlands and slopes over 25% grade.
Viewpoints, stone walls, groves of large trees, rock ledges
and other areas of value to a subdivision or as conservation features,
as shall be determined by the Planning Board and subdivider.
A legally binding and recorded negative covenant or restriction
that is deeded to a qualified third party to permanently limit certain
development activities on real property, so as to protect conservation
assets such as open space, water quality or wildlife habitat. The
restriction stays with the property through successive owners.
A form of development for residential subdivisions that permits
a reduction in lot area and other development standards, permanent
open space.
The County of Ulster, State of New York, and its planning
agency.
A minor street providing a single access to a group of lots
with a turnabout area at the end of such street.
The New York State Department of Environmental Conservation.
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 plan 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.
A private vehicular access from a public or private road
to a single lot.
A private vehicular access from a public or private road
which serves a maximum of two lots (three including the lot it has
access over) and is granted by right-of-way.
A building arranged, intended, designed, or used as the living
quarters including kitchen facilities for one or more families living
independently of each other upon the premises. The term "dwelling"
shall not be deemed to include a hotel, motel, bungalow, rooming house
or tourist home, but shall include a bed-and-breakfast.
DWELLING, SINGLE-FAMILYA building arranged, designed and intended for, and occupied exclusively by, one family.
DWELLING, TWO-FAMILYA building arranged, designed and intended for and occupied by two families living independently.
DWELLING, MULTIFAMILYA 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.
The Environmental Assessment Form required pursuant to SEQRA.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasipublic 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.
A written draft or final document prepared in accordance
with § 617.9 and § 617.10 of SEQRA. An EIS provides
a means for agencies, project sponsors and the public to systematically
consider significant adverse environmental impacts, alternatives and
mitigation. A draft EIS is the initial statement prepared by either
the project sponsor or the lead agency and circulated for review and
comment. An EIS may also be generic in nature to accommodate an anticipated
range of future activities.
Any year-round body of water.
The signing of a plat in final form by a duly authorized
officer of a 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 or register in the county in which such plat is
located.
A parcel of land shaped like a flag; a narrow strip of land
providing vehicular and pedestrian access to a street, with the bulk
of the property lying to the rear of another lot and the access serving
both lots.
Any area designated by the Federal Emergency Management Agency
(FEMA) in its FEMA mapping.
The channel of a waterbody and such portions of the floodplain
as are required to carry and discharge the floodwater or flood flow
as so classified by the Federal Emergency Management Agency.
The portion of a lot abutting on a street or way and ordinarily
regarded as the front yard, but it shall not be considered as the
ordinary side yard of a corner lot.
A legally established community association or trust organized
in a development in which individual owners share common interests
in open space or facilities.
A nonnative species whose introduction does or is likely
to cause economic or environmental harm or harm to human health as
defined in Federal Executive Order 13112 signed in 1999, as amended
or superseded by Federal Executive Order or by designation of the
Town Board.
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.
LOT AREAThe 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.
LOT FRONTAGEThe width of a lot at the edge of the street right-of-way.
LOT IMPROVEMENTA division or redivision of land wherein lot area is shifted from one parcel to another so to improve the shape or dimension of each. Also known as a "lot line adjustment." See § 125-18 for further clarification.
LOT WIDTHThe average of the widths of a lot at the building setback line and the rear lot line.
Parcels separated by an existing Town, county or state highway
that is improved to passable condition for vehicular traffic.
Any sewage system designed to (1) treat sewage by subsurface
means or (2) 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.
A portion of a lot, exclusive of required front and side
yard areas, that is not covered by buildings, parking areas, streets
or other nonrecreational improvements (except as may be permitted
by this chapter).
An area of land resulting from the division of a tract of
land for the purposes of transfer of ownership, use or improvement.
Improvement of the traveled portion of a roadway with a hard,
solid surface material conforming to the standards of the Town of
Rochester road specifications.
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.
Any individual, firm, trust, partnership, public or private
association or corporation or other entity.
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. Sometimes referred to as a "plat."
SKETCH PLANA 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 determining allowable density.
PRELIMINARY PLANA complete plan usually prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "preliminary plan" in the title, in a manner prescribed by local regulation showing the layout of a proposed subdivision including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, and such other information as required by this chapter at suitable scale and in such detail as local regulation may require.
FINAL PLANA complete and exact plan, identified as such with the wording "final plan" 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 plan.
The Town of Rochester Planning Board.
A discussion at a public meeting which may be requested by
an applicant between the applicant and the Planning Board or Zoning
Board of Appeals prior to filing an official application with either
Board to discuss a zoning permit referral from the Code Enforcement
Officer.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with New York State Town Law § 276.
A mapped street built to Town standards which provides access
to more than two lots and is owned by an individual(s), association,
or other private entity who share the use and maintain the road without
help from a government agency.
Land reserved for use as a street, drainage facility, utility
area, or other public or community use, or the land reserved for the
access to such use.
A legally recorded agreement, approved by the Town Board
with the advice of the Attorney for the Town, between all property
owners that abut a private road to maintain road, drainage facility,
or other lot improvements.
The right-of-way perimeter line or plan lines of any road
or street which shall establish the starting measuring point of any
yard setbacks of a lot. In the case such right-of-way line cannot
be established, the assumed edge of the right-of-way shall be measured
from the centerline of roadway and established at a distance of 25
feet from such centerline.
The clerk or secretary designated to accept applications,
plans, fees and correspondence on behalf of the Town of Rochester
Planning Board or Zoning Board of Appeals.
The New York State Environmental Quality Review Act and its
requirements.
An open unoccupied space extending the full depth or width
of a lot that may not be occupied except for specified accessory uses
as provided hereunder. See "yard."
That portion of precipitation that runs off the property
and does not soak into the ground.
A legally recorded document acting as a deed restriction
which provides for the long-term maintenance of stormwater management
practices through a preventive/corrective maintenance program for
all critical facilities and systems of treatment and control (or related
appurtenances). This may or may not be a part of a SWPPP.
A mapped public highway or road intended primarily for the
purposes of vehicular traffic, including the following:
STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it to major traffic streets.
STREET, MAJORA 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 Route 209.
Same as "developer."
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 building development, excepting lot improvements and natural subdivisions as defined in § 125-18 of this chapter.
MINOR SUBDIVISIONA subdivision that does not involve improvements such as roads, recreational amenities or other common facilities and utilities.
MAJOR SUBDIVISIONA subdivision where such improvements are to be provided, subject to the standards provided herein for construction or the financial guarantee thereof.
The action of an applicant to replace an approved subdivision
plat with a changed or improved one. Such application is to be treated
in the same manner as an original plat, except that if the parcel(s)
involved are owned by more than one party, or if rights have been
given to others, all parties involved must be coapplicants or agree
to the resubdivision before it can be processed by the Planning Board.
A land surveyor licensed by the State of New York.
A stormwater pollution prevention plan as defined by the
State of New York.
Town of Rochester, Ulster County, New York.
Governing council of the Town of Rochester.
The professionals employed by the Town of Rochester to provide
engineering and planning services in connection with the review of
applications and inspection of improvements, as the case may be.
The New York State Town Law that governs the operation of
all towns within the state.
Standards adopted by the Town Board of the Town of Rochester
regarding the construction and/or dedication of roads in the Town
of Rochester.
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.
Swamps, marshes and hydric soil areas defined as wetlands
by the New York State Department of Environmental Conservation, the
Army Corps of Engineers or the U.S. Fish and Wildlife Service, not
including any required buffers.
A relatively detailed sketch plan used to determine the number
of lots or dwelling units that would be permitted on a parcel if developed
as a conventional single-family dwelling subdivision.
The Town of Rochester appeals board for adjudication of zoning
matters as provided by New York State Town Law. Also known as the
ZBA.
The required official determination by the Code Enforcement
Officer as to how the laws of the Town of Rochester or New York State
apply to a specific land activity, project, use, or structure application.
