A.
Word usage. Words in the singular include the plural,
and words in the plural include the singular. The word "person" includes
a corporation, unincorporated association and a partnership as well
as an individual. The word "lot" includes "parcel" or "plot." The
word "building" includes "structure" and shall be construed as if
followed by the words "or part thereof." The word "street" includes
"road," "highway" and "lane"; while "watercourse" includes "drain,"
"ditch" and "stream." The word "may" is permissive.
B.
ALLEY
APPLICANT
ARCHITECT
BLOCK
BOARD
BOARD OF HEALTH
BOND
BUILDING PERMIT
CERTIFICATE OF COMPLETION
CERTIFICATE OF OCCUPANCY
CLUSTERING (DWELLING GROUP)
COLLECTOR STREET
CONDITIONAL APPROVAL OF A FINAL PLAT
CONSTRUCTION DETAIL
CONTRACTOR
CROSSWALK
CUL-DE-SAC
DEDICATION
DEVELOPER
DOUBLE FRONTAGE LOT
DRAINAGE DISTRICT
DRAINAGE EASEMENT
DRIVEWAY
DULY DESIGNATED OFFICER
EASEMENT
ENGINEER
ENGINEER FOR THE VILLAGE
ENVIRONMENTALLY SENSITIVE AREA
ENVIRONMENTAL REVIEW
FINAL SUBDIVISION PLAT
FLOOD HAZARD AREA
FLOOD LIMITS
FLOODPLAIN
FLOODWAY
GRADING PLAN
IMPROVEMENTS
INDIVIDUAL SEWERAGE SYSTEM
INSPECTOR
LETTER OF CREDIT
LOCAL STREET
LOT
MAJOR STREET
MARGINAL ACCESS ROAD
MINOR STREET
MONUMENT
MULTIPLE DWELLING
OFFICE OF ZONING AND BUILDING
OFFICIAL SUBMISSION DATE
OWNER
PARALLEL ACCESS ROAD
PARCEL
PARENT PARCEL
PEDESTRIAN ACCESS WALKWAY
PERMANENT HIGHWAY EASEMENT
PIN
PREAPPLICATION CONFERENCE
PRELIMINARY PLAT
PRIMARY OR MAJOR THOROUGHFARE
PRIVATE DRIVE
PRIVATE ROAD
RECORD SHEET
RESUBDIVISION
REVERSE FRONTAGE LOT
RIGHT-OF-WAY
(1)
(2)
ROAD
SERVICE DRIVE
SETBACK
SIGNIFICANCE DETERMINATION
SKETCH PLAN
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
STREET
SUBDIVIDER
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURVEYOR
VILLAGE BOARD
WETLANDS
ZONING MAP
ZONING ORDINANCE
Definitions. Unless otherwise expressly stated, the
following terms shall, for the purposes of these regulations, have
the meanings indicated:
A strip of land over which there is a right-of-way, municipally
or privately owned, serving as a secondary means of access to two
or more nonresidential properties.
The owner of land proposed to be subdivided or developed
or his agent. Proof of agency shall be required from the legal owner
of the land proposed to be subdivided.
A person licensed as an architect by the State of New York.
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 other municipalities.
The Village of Penn Yan Planning Board, created pursuant
to Article 7, § 7-718 of the Village Law of the New York
State Statutes.
The New York State Department of Health.
Any form of security, including a cash deposit, surety bond,
collateral, property or letter of credit, in an amount and form satisfactory
to the attorney for the Village. All forms of security shall be approved
by the Village Board wherever a "bond" is required by these regulations.
An authorization issued by the Office of Zoning and Building
to commence work on a structure in accordance with approved plats
and specifications and in compliance with the New York State Uniform
Fire Prevention and Building Code.
A document which certifies that all site improvements have
been completed in compliance with plans approved by the Planning Board.
A document which certifies that a structure is habitable.
Authority, granted by the Village Law of the New York State
Statutes, whereby the Planning Board is authorized to modify certain
provisions of the Zoning Ordinance.[1] The modification must occur at the same time the plat
or plats are approved pursuant to this chapter and modifications are
subject to reasonable conditions set forth by the Village Board. The
purposes of such authorization will be to enable and encourage flexibility
of design and development of land in such a manner as to promote the
most appropriate use of the land. It is designed to facilitate the
adequate and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open lands.
A dedicated street used to carry traffic from minor streets
to primary or major thoroughfares, including the principal entrance
streets of a development and streets for circulation within a development.
The approval by the Planning Board of a final plat subject
to conditions set forth in a resolution. Such "conditional approval"
does not qualify a final plat for recording in the office of the Yates
County Clerk nor does it provide authorization for the issuance of
building permits.
The maps or drawings accompanying a subdivision plat or site
plan and showing the specific location and design of improvements
to be installed in the subdivision pursuant to the requirement of
these regulations and in conformance with the Design and Construction
Standards for Land Development of the Village of Penn Yan.
An agent acting for the developer to construct the required
improvements of the project. The "contractor" is responsible to perform
the work in conformance with these requirements subject to the approval
of Village officials.
See "pedestrian access walkway."
A minor street with one end open for vehicular traffic and
pedestrian access and the other end terminating in a vehicular turnaround.
The deliberate unconditional appropriation of real property
by its owner for any general and public uses. Offers of "dedication"
are subject to approval by the Village Board.
An individual, partnership or corporation or its agent holding
title to a parcel of land to be developed or subdivided.
A lot having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
A special district established or extended pursuant to the
Village Law of the New York State Statutes for the purpose of constructing
or maintaining stormwater drainage facilities.
The lands or easements required for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
An access point serving no more than two lots and providing
ingress or egress to a road or street. Mutually owned "driveways"
must have reciprocal easements and a common maintenance agreement.
The person or public official authorized to sign subdivision
plats or site plans pursuant to these regulations. In the absence
of any designated official, the "duly designated officer" shall be
assumed to be the Planning Board Chairman.
Authorization granted by a property owner for the use by
another of any designated part of his property for a specified purpose
not inconsistent with the general property rights of the owner.
A person licensed as professional engineer (P.E.) by the
State of New York.
The duly designated Engineer for the Village of Penn Yan
as may be appointed by the Planning Board to advise and oversee the
subdivision on behalf of the Code Enforcement Officer.
Land or land features critical to the maintenance of ecosystems.
See "state environmental quality review (SEQR)."
A plat of a major subdivision prepared in accordance with Article III of these regulations showing the subdivision in its most detailed form.
The land in the floodplain within the community subject to
a one-percent or greater chance of flooding in any given year.
The land/water boundary of a natural watercourse flowing
at its one-hundred-year frequency as defined by a responsible agency,
such as the United States Army Corps of Engineers and the United States
Department of Housing and Urban Development.
Areas adjoining a watercourse, which are flooded as a result
of a severe combination of meteorological and hydrologic conditions.
The channel and those parts of the adjoining floodplain which
are required to carry and discharge floodwaters without unduly raising
upstream water levels.
A plat showing all present and proposed grades for stormwater
drainage and final site design.
Those physical additions and changes to the land that may
be necessary to produce functional lots, including but not limited
to grading, paving, curbing, fire hydrants, water mains, sanitary
sewers and drains, sidewalks, pedestrian access walkways and required
plantings which may or may not be offered for dedication.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage or other liquid wastes into
the soil of the lot.
An agent of the Village empowered to inspect the progress
of the project and compliance of the construction with the approved
plats and specifications.
A letter taken out by the owner from a bank which guarantees
the Village that a specific amount of money will be kept available
for the completion of construction of facilities to be dedicated.
This security can be drawn on only by the Village and guarantees that
certain or all improvements will be made in accordance with the approval
plats.
A dedicated minor street which has the dual purpose of providing
limited access for traffic and access to individual properties. "Local
streets" are not conducive to through traffic.
Land identified by legal description or tax account number
which is filed or proposed to be filed in the County Clerk's office
having minimum or subminimum area or dimensions permitted in the Village
of Penn Yan's land use controls. A "lot" is considered to be a unit
of transfer or a unit for development.
A street designed for carrying heavy volumes of through traffic.
See "parallel access road."
A street designed for a limited volume of traffic and intended
to serve primarily as an access to abutting properties.
A permanent reference marker set at points as may be required
in this chapter.
A dwelling consisting of three or more separate living units.
The Village of Penn Yan agency responsible for matters of
code enforcement, development plat review and building construction.
The date when a subdivision plat shall be considered submitted
to the Planning Board, as provided in Article 7, § 7-728
of the Village Law of the New York State Statutes, and is hereby defined
to be the date of a meeting of the Planning Board at which all required
surveys, plats and data required in subdivision application are deemed
submitted.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
or developed under these regulations.
A local street which is parallel and adjacent to a primary
or major thoroughfare.
An area of land defined by a Tax Map number or by metes and
bounds.
A parcel of land as it existed on the effective date of these
regulations.
A right-of-way, municipally or privately owned, at least
12 feet in width, which cuts across a block to furnish access for
pedestrians to adjacent streets or properties.
A strip of land adjacent to an existing street right-of-way
line used for any public purpose. The front lot line shall be considered
to be coincident with the "permanent highway easement" boundary. Front
setbacks and other necessary lot measurements shall be measured from
the "permanent highway easement" line. Where there is no requirement
for a "permanent highway easement," the front line shall be considered
to be coincident with the existing right-of-way line, with front setbacks
and any other necessary lot measurements being measured from the existing
right-of-way line.
A metal reference marker set at points as may be required
in this chapter.
An informal meeting between the Village and a subdivider
or developer to develop an understanding of the general design and
layout of the subdivision or site. Matters to be discussed include
Village policies and procedures on the subdivision of land, a timetable
for review and general agreement concerning the project design and
on the statement of intent of the proposed subdivision.
A tentative subdivision plat clearly marked "preliminary plat," prepared in accordance with Article III of these regulations. This plat shows in greater detail than the sketch plat features of the land, street and lot layout within and adjacent to the proposed subdivision and includes preliminary design data of the Village of Penn Yan for related improvements.
A dedicated major road intended as a route for traffic between
other major roads, communities, shopping centers or other such major
attractors. "Major thoroughfares" can usually serve to collect traffic
from minor roads.
An undedicated access point serving three or four lots and
providing ingress or egress to a road or street. "Private drives"
must have reciprocal easements and a common maintenance agreement.
An undedicated thoroughfare used as ingress or egress for
five to 10 lots with reciprocal easements and a common maintenance
agreement.
A map or plat which provides information concerning the actual
location of improvements as built.
Revision of all or part of an existing filed plat, including
consolidation of lots or alteration of approved lot boundaries. If
the proposed "resubdivision" consists solely of the simple alteration
of lot lines, then normal subdivision procedures may be waived at
the discretion of the Board. Major or minor status is at the discretion
of the Planning Board.
A lot with the rear lot line abutting an existing or proposed
street.
PRIVATE RIGHT-OF-WAYExisting land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special use.
PUBLIC RIGHT-OF-WAYExisting land owned by public agencies for use as a street or other public purpose.
See "street."
See "alley."
The required space between any street or highway line and
the wall of the main structure, including any attachment thereto,
with the exception only of cornices or entrance steps.
A decision made by the lead agency at one or more points
in the approval process. The decision establishes the degree to which
the proposed project is likely to affect the environment.
A drawing prepared in accordance with Article III of these regulations showing in general form the manner in which a tract of land is to be subdivided or developed.
A formal review pursuant to Part 617 of the Environmental
Conservation Law Rules and Regulations which encourages productive
and enjoyable harmony between man and his environment; promotes efforts
which will prevent or eliminate damage to the environment and enhance
human and community resources; and enriches the understanding of the
ecological systems and natural, human and community resources important
to the people of the Village of Penn Yan.
A general term used to describe a right-of-way, publicly
or privately owned, serving as a means of vehicular and pedestrian
travel and furnishing space for public utilities, shade trees and
other improvements. The "street" provides a principal means of access
to abutting property. Types of "streets" are defined in this article
and are classified by function as follows: alley; collector street;
cul-de-sac; driveway; local street; major street; marginal access
road; minor street; parallel access road; primary or major thoroughfare;
private drive; private road; and service drive.
Any person, firm, corporation, partnership or other organization
or its agent proposing a subdivision, as defined herein.
The division of any parent parcel of land into two or more
lots, with or without streets, for the purpose of sale, lease, license,
improvement or any other reason.
The subdivision of a parent parcel of land into five or more
lots.
The subdivision of a parent parcel of land into fewer than
five lots.
A person licensed as a land surveyor by the State of New
York.
The municipal governing board of the Village of Penn Yan.
Freshwater wetlands, including lands or submerged lands,
commonly called "marshes," "swamps," "sloughs," "bogs" and "flats,"
supporting aquatic and semiaquatic types identified in Article 24
of the New York State Environmental Conservation Law.
The officially adopted map of the Village of Penn Yan which
shows the boundaries of the zoning districts.[2]
The officially adopted zoning ordinance of the Village of
Penn Yan, as amended.[3]
