A.
Development standards. The development standards contained herein shall apply to each dwelling or business unless specifically provided otherwise. Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum or increased to more than the maximum dimension as required by this chapter.
B.
Sight distance requirements for corner lots. The front/side yards at the street intersection of all corner lots shall be kept free of vegetation and other structures that would obstruct the vision of drivers between the heights of 3 1/2 feet to 10 feet above the average grade of each street (measured on the center line thereof). The following sight distances from intersections shall be maintained:
Table 2 | |
|---|---|
Sight Distance for Various Street Widths | |
Street Right-of-Way (feet) | Distance from Intersection (feet) |
50 or more | 90 |
40 to 49 | 80 |
30 to 39 | 70 |
C.
Through lot requirements. A through lot shall be considered as having two lot frontages, both of which shall be subject to the front yard requirements of this chapter.
D.
Flag lots. The development of interior lots with limited lot frontage consisting of only an access right-of-way shall be permitted, provided:
(1)
The right-of-way is a minimum of 50 feet in width.
(2)
The lot area shall be exclusive of that portion used as a right-of-way for purposes of meeting minimum lot area and all other development standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land to reach a new lot to the rear which would reduce the length of the front lot line of the existing parcel to less than 150 feet.
(4)
All flag lot access rights-of-way shall be titled in fee-simple ownership to the flag lot property owner and shall not be used to access any property not part of the original tract. Such owner shall bear responsibility for maintenance of the improvements.
(5)
No more than one such flag lot shall be created from an existing parcel, a cumulative total of two flag lots including the original. This restriction shall be incorporated in deed covenants and placed on the recorded plat map at the time any flag lot is created.
E.
Landlocked lots. The purpose of this subsection is to provide a means by which owners of property that is landlocked may obtain access to a public street in accordance with § 280-a of New York State Town Law. This policy shall apply to all areas of the Town of Fallsburg. In order for an applicant to obtain a building permit to construct a structure on a landlocked lot, the applicant shall be required to demonstrate that adequate access may be obtained to said lot. "Adequate access" shall mean that sufficient right-of-way or easement width exists to construct a driveway to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles and a frontage of fifteen feet shall presumptively be sufficient for that purpose.
F.
Minimum lot size for all uses. Lots to be developed with private water supply and sewage disposal systems or private sewage disposal systems may require larger lot sizes and widths than are specified because of unusual subsoil or geological conditions found to exist on the particular location in question. In such cases, the minimum lot area otherwise required shall be increased where necessary to the extent required to allow the proposed water and/or sewerage installation to operate effectively in order to protect the public health, safety and welfare. Detailed plans for such water and/or sewerage systems shall be prepared by a professional engineer and submitted to the Code Enforcement Officer and approved by him/her before a building permit shall be issued. The suitability of the proposed systems shall conform to the standards of the New York State Department of Health.
G.
Lot improvement.
(1)
Whenever a parcel of land is combined with an adjacent lot for the purpose of increasing the size of the existing lots, or a number of smaller lots are resubdivided, or reallotted so as to make a lesser number of larger lots, or there is desired another change to the lot which, in the Planning Board's opinion, provides an improvement to the premises, whether regarding ingress, egress, sight distance, safety, etc., then all applicants must receive Town of Fallsburg Planning Board approval, provided that:
(a)
Other than as set forth above, any lot proposed to be reduced in size shall comply in all aspects with provisions of the Town of Fallsburg Zoning Law and applicable state statutes.
(b)
An appropriate lot improvement application must be submitted to the Code Enforcement Officer for a Planning Board appearance.
(c)
The Planning Board in its sole discretion shall determine if a public hearing will be required.
(2)
After the Planning Board has determined that the conditions for the lot improvements have been met, the Chairman or the Vice Chairman will have the authority to sign the plat.
(3)
Plat requirements. Fees as set by resolution of the Town Board per lot per application must be paid at the time of submittal of the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]


