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Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
A. 
For the purpose of this chapter, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this article.
B. 
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in this chapter"; the word "regulations" means "this chapter."
C. 
A "person" includes a corporation, a partnership and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be occupied."
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE ASSISTANT TO THE PLANNING BOARD
The officer as appointed by the Planning Board to administer this chapter. If no such officer shall be appointed, the Planning Board Chairman shall also serve as Administrative Assistant.
A. 
A. The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
B. 
B. The person making an application to an agency to grant an approval in connection with a proposed action.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BOND
Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Town Board. All bonds shall be approved by the Town Board wherever a bond is required by this chapter.
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind, and includes any structure.
BUILDING INSPECTOR
The Building Inspector of the Town of Pendleton or his designated assistant.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Pendleton or his designated assistant.
COMPREHENSIVE PLAN
A document and referenced map that sets forth the goals and objectives that will guide the physical development of the Town over a period of time.
CONSTRUCTION PLAN
The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Board as a condition of the approval of the plat.
CUL-DE-SAC
A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEVELOPER
The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
EASEMENT
Authorization by a property owner for the use by another and for a specific purpose of any designated part of his property.
ESCROW
A deposit of cash with the Town in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the Town in a separate account.
FINAL PLAT
The map or plan of record of a subdivision and any accompanying material, as described in this chapter.
FRONTAGE
The side of a lot abutting on a highway, road or way.
GRADE
The slope of a road, street or other public way, specified in percentage terms.
HIGHWAY SUPERINTENDENT
The duly elected Highway Superintendent of the Town of Pendleton.
IMPROVEMENT
One of the physical changes to the land necessary to produce usable and desirable building lots from undeveloped acreage, including, but not limited to, installation of grading, pavement, curb, gutters, storm sewers and drains, sidewalks, street signs, crosswalks, shade trees, sodding or seeding, street name signs, monuments and betterments to existing streets and watercourses.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank's seepage tile sewage system or any other approved sewage treatment device.
JOINT OWNERSHIP
Joint ownership among persons shall be construed as the same owner.
LOT
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
LOT, CORNER
A lot situated at the intersection of two streets. The interior angle of such intersection shall not exceed 135°. The least dimension shall be considered the front. However, minimum front yard setback must be maintained from both streets.
LOT IMPROVEMENT
Any building, structure, work of art or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements may require permits for bonding.
PLANNING BOARD
The Town Planning Board.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article IV, § 220-19, of this chapter, submitted to the Planning Board for consideration prior to submission of the plat in final form and sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
REGISTERED ENGINEER
An engineer properly licensed and registered in the state.
REGISTERED LAND SURVEYOR
A land surveyor properly licensed and registered in the state.
RESUBDIVISION
A change in a map of an approved or recorded subdivision plat if such change affects any road layout on such map or any lot line or if it affects or changes any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY
A strip of land between property lines opened for use as a street, alley or crosswalk.
SETBACK
The distance between a building and the edge of right-of-way nearest thereto.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in Article IV, § 220-17, of this chapter to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter.
STORMWATER MANAGEMENT AREA
For use during excessive rainfall or water runoff conditions to prevent property damage; constructed under subdivision or site plan review regulations.
[Added 11-8-2000]
STREET (ROAD OR HIGHWAY)
Includes streets, roads, avenues, or other traffic ways within rights-of-way.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular traffic.
STREET WIDTH
The width of right-of-way, measured at right angles to the center line of the street.
SUBDIVIDER
Any person, firm, corporation, partnership or association who or which shall lay out any subdivision or part thereof as defined herein, either for himself or others.
SUBDIVISION
The division of a single lot, tract or parcel of land or a part thereof for the purpose of transfer of ownership or for building development; provided, however, that division of land for agricultural purposes into parcels of more than seven acres shall not be included within the meaning of "subdivision." The term "subdivision" shall also include "resubdivision."
A. 
Any subdivision not classified as a minor subdivision or any size subdivision requiring any new street or extension of municipal facilities.
B. 
Any subdivision containing not more than four lots created within any three-year time period fronting on an existing street(s), not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan or Chapter 247, Zoning. See Article IV.
SUBDIVISION PLAT or FINAL PLAT
A drawing, in final form, showing a proposed subdivision containing all information or detail required by law and by this chapter, to be presented to the Planning Board for approval and which, if approved, may be duly filed or recorded by the applicant in the Office of the County Clerk. See Article IV, § 220-20.
TEMPORARY IMPROVEMENT
An improvement built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
TOWN ATTORNEY
The licensed attorney designated by the Town Board to furnish legal assistance for the administration of this chapter.
TOWN BOARD
The Town Board of the Town of Pendleton.
TOWN ENGINEER
The licensed engineer designated by the Town Board to furnish engineering assistance for the administration of this chapter.
VACATION OF PLAT
The provision in Article III, § 220-15C, of this chapter which provides for the legal voiding of a plat.