These rules and regulations shall be known and may be cited
as the "Town of Macedon Land Use and Public Works Requirements," as
adopted by the Town Board on July 28, 1994.
[Amended 6-25-2020 by L.L. No. 3-2020]
In accordance with New York Town Law Article 16, § 271,
the Planning Board of the Town of Macedon is created by the Town Board.
The Planning Board of Macedon is empowered by provisions of New York
Town Law Article 16 and by the Town Board to grant final approval
of any subdivision plan or site plan of lands with or without streets
or highways within the corporate limits of the Town of Macedon. Approvals
shall be in accordance with the procedures and regulations set forth
below which are intended to follow applicable sections of New York
Town Law.
To carry out the purpose of the Town Law and the Planning Board,
these rules and regulations are adopted by the Town Board to provide
for the future growth and development of the Town and to afford adequate
facilities for the housing, transportation, distribution, comfort,
convenience, safety, health and welfare of its population. Consistent
with such purposes, these rules and regulations will provide for the
orderly development of land use areas, the coordination of existing
streets and public utilities with new service, the provisions of open
spaces for passive and active recreation and the location of future
sites for public buildings and commercial areas, all to the mutual
benefit of the Town and its residents.
[Amended 10-28-2004 by L.L. No. 5-2004]
A.
Legislative intent. The Town of Macedon hereby determines that it
is appropriate to regulate developments so to conserve the rural and
open space character of the Town, including the guarding and preserving
of agricultural lands and the Town's natural topography of forests
and fields, wetlands, drumlins and steep slopes, streams, rivers and
the Erie and Barge Canals.
B.
Jurisdiction. This section shall apply to all lands within the Town
of Macedon.
[Amended 6-25-2020 by L.L. No. 3-2020]
C.
Purposes. The purpose of this chapter is to provide for open space
development, as hereinafter defined and regulated, which encourages
flexibility in the design and development of land in order to promote
the most appropriate use of land and to preserve agricultural lands,
permanent open space, significant natural features, wildlife habitat,
water resources, ecological systems and scenic areas for the benefit
of present and future residents of the Town. In order to carry out
this purpose, open space development shall address the following objectives:
[Amended 6-25-2020 by L.L. No. 3-2020]
(1)
Long-term protection of natural and scenic resources, including the
conservation of natural topography, existing trees, forests, fields,
wetland, drumlins, steep slopes, streams, rivers and canal areas.
(2)
Compatibility with surrounding land uses and the overall character
of the area.
(3)
Provision of adequate buffers for adjoining properties.
(4)
Contribution to Town-wide open space planning by creating a system
of permanently preserved open space, privately and/or publicly owned,
both within large parcels of land and between parcels of land throughout
the Town.
(5)
Encouragement of linkages, where appropriate, between open spaces,
including recreation and formal parks, waterways and the Master Trail
System.
(6)
Preservation of land suitable for agriculture, particularly where
the open space development borders active agricultural land or land
suitable for agriculture.
(7)
Joining of agricultural lands/open space or contiguous development
and grouping or clustering of structures where topography allows.
D.
Applicability of open space regulation. This chapter shall apply
to all applications to the Town Planning Board for review or approval
for the subdivision or site development of residential parcels of
10 acres or more and for the commercial development of any parcel.
E.
Open space development plans. Subdivision and site development plans
shall conform to the requirements of this chapter. In the case of
residential development to which this chapter applies, the applicant
shall present two plans, one showing conventional development of the
tract and one showing a proposed alternative open space development.
F.
Residential open space. Residential open space development is based upon permitted percable lots or lots with access to sewer service, arranged in a plan that leaves large areas of permanent open space for visual effect, farming and/or passive or active recreation. This may include incentives or bonuses allowed under the applicable provisions of Chapter 300, Zoning, adopted pursuant to state enabling legislation.
G.
Commercial and industrial open space. Commercial open space shall
be a minimum of 30% of the gross parcel size, with a minimum of 5%
dedicated to the interior areas of the site, including landscaped
curbed islands and foundation plantings. Stormwater management facilities
may be counted as open space at the Planning Board's discretion, if
landscaped and graded to be aesthetically pleasing. Industrial open
space shall be a minimum of 20% of the gross parcel size.
H.
Ownership of open space; dedication and easement subject to Town
Board approval; homeowners' associations.
(1)
The Planning Board, as a condition of plan approval, may establish
such conditions on the ownership, use and preservation of such lands
for their intended purposes. The open space created must be clearly
labeled on the subdivision map or site plan as to its use and the
rights of the owners, as well as whether it is to be dedicated to
the Town or other governmental body or to an approved private conservation
corporation or to a homeowners' association or otherwise under conditions
meeting with Planning Board approval. The details as to use and ownership
of such open space are further to be set out in a declaration recorded
by the owner or other appropriate instrument. Such open space is to
be preserved in perpetuity, and the Planning Board may require an
open space easement running to the Town as a condition of approval.
The dedication of any lands, by ownership or easement, to the Town
of Macedon will be subject to approval and acceptance by the Town
Board.
[Amended 6-25-2020 by L.L. No. 3-2020]
(2)
If the open space or an open space easement therein is not to be
dedicated to the Town or other governmental authority or to an approved
private conservation corporation, the applicant must either simultaneously
with the filing of the map create a homeowners' association or neighborhood
corporation embracing all homeowners within the map and providing
for adequate contributions for maintenance of said open space or otherwise
satisfy the Planning Board with regard to the maintenance of said
open space.
(3)
If a homeowners' association is selected by the Planning Board as
the method of maintenance of the open space to be preserved, the following
must be adhered to:
(a)
The homeowners' association must be established before any lots
are sold.
(b)
Membership must be mandatory for each lot buyer or owner or
any successive buyer or owner, or each lot created must be legally
required by duly filed covenants and restrictions to pay to the homeowners'
association a yearly fee to be used for maintenance of the open space.
(c)
The open space restrictions must be in perpetuity, not just
for a given period of years.
(d)
The association must be responsible for liability insurance,
local taxes and the maintenance of recreational and other facilities.
(e)
Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the property.
(f)
The association must be able to adjust the assessment to meet
changed needs.
(g)
The applicant shall make a conditional offer of dedication binding
upon the homeowners' association for all open space to be conveyed
to the association, such offer to be accepted by the Town, should
it choose, upon the failure of the homeowners' association to take
title to the open space from the applicant or other current owner
or upon dissolution of the association at any future time.
(h)
The association must comply with the laws of the State of New
York and the Attorney General's rules and regulations for creation
of homeowners' associations.
J.
Foliage.
(1)
Roadside trees and trees within lots are important to the rural character
and environment of Macedon. Removal of trees over five inches dbh
must be minimized, especially along roadways. Property owners and
developers shall plant new and replacement trees, taking care to avoid
underground and overhead utilities which might create pruning and
maintenance problems. The Planning Board shall encourage diversity
of tree species in the Town, so as to not endanger loss of Town-wide
tree coverage in the event of disease, etc. Trees shall not be planted
in the public rights-of-way along roads, but rather on property owners'
land.
(2)
Roadside trees should cast moderate to dense summer shade, be long-lived
(sixty-year), be tolerant of pollution and direct reflected heat and
be able to survive two years with no irrigation after establishment.
(3)
New development or site modification shall include tree plantings
of at least two-inch-caliper trees (American Association of Nurserymen
standard). Along road frontage, there shall be a minimum of one tree
per 60 linear feet of road frontage. Understory shrubbery compatible
with signage is acceptable where sign visibility is important. Trees
shall not be planted where they will interfere with the safe traffic
visibility along roads and intersections. Trees planted within sites
and between narrow strips of pavement require sufficient permeable
area to allow healthy root development. Tree groupings surrounded
by lawn or permeable materials are encouraged rather than single specimen
tree usage.
K.
Historic sites. Parcels that contain historic sites presented for
development and/or extensive renovation must present plans which integrate
and enhance the historical value into the total plan, allowing public
access, if appropriate, as determined by the Town Planning Board and
other reviewing agencies.
L.
Strip development discouraged. Strip development along main roadways
is to be discouraged. Development at intersections and creation of
perpendicular and parallel access roads to main highways for commercial,
industrial and business is preferred. The areas between intersections
shall be maintained in a treed, rural atmosphere so as to prevent
the appearance of commercialization of the entire main highways of
the Town.
M.
Preservation of public access. Roadside scenic areas, including stream
and bridge crossings and canal areas, shall be developed so as to
maintain public access and scenic viewsheds as determined by the Town
Planning Board and other reviewing agencies.
N.
Recreational trail system. A recreational trail system shall be developed
in accordance with the Town Trail Plan, giving priority to connecting
parks, waterways, the Canal and the Crescent Trail to the west in
the Town of Perinton. The Town Planning Board may request, as development
occurs, twenty-foot easements to develop the Town-wide trail system.
When a volunteer recreation trail organization is formed, the Town
Planning Board will work jointly with this organization to obtain
easements for the trail from existing property owners and developing
properties.
O.
Streams and waterways. No structure shall be built within 50 feet
of the bed of a stream carrying water on an average of six months
of the year, except for:
(1)
Public bridges, water works and other municipal or public utility
facilities.
(2)
Such private bridges, fords, drainage conduits, embankments and similar
structures as are necessary to permit access to a lot or portion thereof
or as are incidental to a lawful use of a lot, provided that such
structure will not have a material adverse effect on the stream, nor
alter the flow of water therein or substantially increase the likelihood
of flood or overflow in the area.
(3)
Lands within the Canal Corridor Overlay District.
[Amended 9-11-1997 by L.L. No. 3-1997; 10-28-2004 by L.L. No. 5-2004]
A.
Word usage.
(1)
Words in the singular include the plural and words in the plural
include the singular.
(2)
The word "person" includes a corporation, unincorporated association
and a partnership as well as an individual.
(3)
The word "building" includes "structure" and shall be construed as
if followed by the words "or part thereof."
(4)
The word "street" includes "road," "highway" and "lane."
(5)
The word "watercourse" includes "drain," "ditch" and "stream."
(6)
The words "shall" or "will" are mandatory; the word "may" is permissive.
B.
AGRICULTURAL DATA STATEMENT
ALLEY or SERVICE DRIVE
ARCHAEOLOGICALLY SENSITIVE
BLOCK
BUILDER
BUILDING INSPECTOR
CLEAR SIGHT TRIANGLE
CLUSTER DEVELOPMENT
CONSERVATION DENSITY DEVELOPMENT
CONSERVATION EASEMENT
CONSERVATION EASEMENT IN PERPETUITY
CONTRACTOR
CROSSWALK
CUL-DE-SAC
DEDICATION
DEVELOPED AREA
DEVELOPER
DOUBLE FRONTAGE LOTS
EASEMENT
FINAL SUBDIVISION PLAN
GRADING PLAN
GREEN SPACE
HALF OR PARTIAL STREET
IMPROVEMENTS
INSPECTOR/OBSERVER
LETTER OF CREDIT
LICENSED PROFESSIONAL
LOT
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OPEN SPACE DEVELOPMENT
OPEN SPACE or OPEN AREA
PLANNING BOARD, BOARD or TOWN PLANNING BOARD
PRELIMINARY PLAN
RIGHT-OF-WAY
SETBACK or BUILDING LINE
SIGHT DISTANCE
SITE PLAN
SKETCH PLAN
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
STREET
(1)
(2)
(3)
(4)
SUBDIVISION
TOTAL HOLDINGS MAP
TOWN ATTORNEY
TOWN BOARD
TOWN ENGINEER
TRADITIONAL DEVELOPMENT
WATER/SEWER SUPERINTENDENT AND SUPERINTENDENT OF HIGHWAYS
ZONING OFFICER
Unless otherwise expressly stated, the following terms shall, for
the purpose of these regulations, have the meaning indicated:
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which an action of approval is pending per Town Law § 283-a.
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 properties.
A location which requires archaeological site check as per
SEQR and mitigation before any site disturbance can occur.
An area bounded by streets.
A person who obtains a building permit for construction of
a structure on an approved site.
An appointed official nominated by the Town Board to enforce
the provisions of the New York State Uniform Fire Prevention and Building
Code as adopted by the Town.
An area of unobstructed vision at a street intersection defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
A subdivision characterized by dwellings and structures grouped
or clustered with permanent open space within the total holdings.
At least 50% of the total holdings, not including green space on residential
sites, must be left as open space.
[Amended 6-25-2020 by L.L. No. 3-2020]
A subdivision characterized by lots at least five times the minimum size required in Chapter 300, Zoning. Conservation easement in perpetuity runs with these lots to ensure low density and maintenance of open space. Future additional subdivision of these lots is prohibited by deed restriction.
A legally executed agreement on a parcel 25 acres or more
which the owner has committed for a set number of years with the Town
of Macedon not to develop, build upon or otherwise change, in exchange
for a tax abatement. Agricultural activities and other uses in keeping
with the open space use may be continued as determined by the Town
Board upon granting of such easement. Lands receiving an agricultural
assessment cannot also receive a conservation easement tax abatement.
[Amended 6-25-2020 by L.L. No. 3-2020]
A permanent easement restricting development of open space
land. These easements shall not be amendable to permit commercial,
industrial or residential development and shall be recorded and filed
in the Wayne County Clerk's office.
A person acting for the developer to construct the required
improvements of the project. The contractor is responsible to perform
the work in conformance with the approved plans subject to a review
by Town officials.
A right-of-way, municipally or privately owned, which traverses
an area to furnish access for pedestrians.
[Amended 6-25-2020 by L.L. No. 3-2020]
A residential street with one end open for public vehicles
and pedestrian access and the other end terminating in a vehicular
turnaround.
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
such as are compatible with the full exercise and enjoyment of the
public uses to which the land has been devoted.
Any portion of land or parcel which has a taxable structure
or infrastructure preparatory to development (i.e., roads, parking
lots, utilities); not necessarily a full parcel.
A person holding title to a parcel of land to be developed
or subdivided. Commitments and/or requirements for development are
solely between the Town and the developer.
A lot, having at least two sides fronting on separate streets
which do not intersect while adjoining the lot.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
A drawing prepared by a registered professional which complies
with prescribed regulations and statutes for recording in the Wayne
County Clerk's office.
[Amended 6-25-2020 by L.L. No. 3-2020]
A plan showing all present and proposed elevations for stormwater
drainage and disposal.
An area on a developed site that includes plantings, flower
beds, lawn and other landscaping; maintained open space, i.e., golf
course.
A street generally parallel and adjacent to a property line
having a lesser right-of-way than normally required for satisfactory
improvement and use of the street.
Those physical additions and changes to the land that may
be necessary to produce usable and buildable land areas. This may
include, but is not limited to, grading, water supply, sewage disposal,
stormwater disposal, lighting, landscaping, etc.
An agent of the Town empowered to observe the construction
progress of the project and its compliance with the approved plans.
A form of financial security required to ensure the installation
of improvements as shown on the approved plan subject to possible
dedication to the Town.
A person or firm licensed under the State Education Department
to legally affix his or her seal to plans presented for review of
the Town.
A parcel of land intended for transfer of ownership or site
development that is presently occupied or capable of being occupied
by a principal building or use and uses accessory to the principal
building or use.
A subdivision plan prepared by a registered professional
of more than four lots with individual land areas less than five acres
in size or a development proposing dedicated new streets or improvement
districts to service such subdivision.
[Amended 6-25-2020 by L.L. No. 3-2020]
A part of any comprehensive study prepared for the Town that
addresses future land use considerations.
A subdivision plan prepared by a registered professional
of four lots or fewer with access to an existing right-of-way requiring
no new streets, nor the creation or extension of improvement districts
having no substantial adverse effect on access to, use or development
of the remainder of the parcel or adjoining parcels.
[Amended 6-25-2020 by L.L. No. 3-2020]
A commercial or residential development which includes open
space and green areas which cannot be built upon. The two types of
residential open space development are conservation density and cluster.
[Amended 6-25-2020 by L.L. No. 3-2020]
Any space or area of undeveloped land characterized by natural
scenic beauty, including, but not limited to, wetlands, drumlins,
forests and fields whose existing natural condition or present state
of use would enhance the current or future value of abutting or surrounding
development and would maintain and enhance the conservation of natural
topography and visual aesthetics. A variety of open space forms is
encouraged and may include, but is not limited to, formal squares
and parks, informal natural areas, treed and open fields and agricultural
lands used in agricultural production. Open parking areas, paved or
unpaved, are not classified as "open space."
The Town of Macedon Planning Board. When Town Board is meant,
it will be stated as "Town Board."
A drawing prepared in a manner prescribed by these and other
applicable regulations showing the layout of a proposed subdivision,
including, but not limited to, road and lot layout with approximate
dimensions, key plan, topography and drainage and all proposed facilities,
including preliminary plans and profiles, at a suitable scale and
detail to address the local regulations that are listed in this chapter.
[Amended 6-25-2020 by L.L. No. 3-2020]
Land opened for use as a street, crosswalk or utility corridor.
The right angle distance within a property defining the required
minimum distances between any structure and the street or the side
or rear property lines of a parcel right-of-way.
The distance of visual sight available for access to a dedicated
right-of-way from any parcel of land to be developed.
A drawing prepared by a registered professional for review
by the Planning Board for the development of an existing lot or parcel
without any new subdivision of land.
An informal plan in accordance with these specifications
indicating existing features of a parcel of land and its surroundings
and the general layout of a proposed land improvement.
Part of the Environmental Conservation Law applicable to
land development per 6 NYCRR Part 617. A short environmental assessment
form is required for all minor subdivisions. A full environmental
assessment form is required for all major subdivisions or Type I actions
under SEQR definitions.
[Amended 6-25-2020 by L.L. No. 3-2020]
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel and utility services. The streets are classified by function
as follows:
PRIVATE ROADA right-of-way area serving a limited number of parcels maintained by legal agreement of the parcel owners and not to be dedicated to the Town.
[Amended 6-25-2020 by L.L. No. 3-2020]
RURAL DEVELOPMENTA street used as a means of access to residential units. This road may be owned and operated under an established homeowners' association (HOA) or designed and constructed for eventual dedication to the Town.
LOCAL ROAD (SUBDIVISION STREET)A right-of-way serving primarily a neighborhood with relatively low volumes of traffic.
[Amended 6-25-2020 by L.L. No. 3-2020]
COLLECTOR ROADA road connecting area centers serving a large volume of local or regional traffic.
The division of any parcel of land into a number of lots,
blocks or sites subject to this chapter with or without streets or
highways, for the purpose of sale, transfer of ownership or development.
The term "subdivision" shall include any alteration of lot lines or
dimension of any lots or sites shown on a plan previously approved
and filed in the office of the Wayne County Clerk. Subdivisions are
defined as either "major" or "minor," with the review procedures and
criteria for each set forth in this chapter.
[Amended 6-25-2020 by L.L. No. 3-2020]
A map of the contiguous parcels, including the land to be
developed, owned by a person applying for development approval.
A person or firm engaged by the Town to review and prepare
necessary documentation as required for districts, easements, letters
of credit, dedication, surety or other legal matters.
The Board as elected by the residents of the Town which acts
on behalf of the residents of the Town of Macedon for the betterment,
protection and welfare of the community.
A person or firm engaged by the Town to review the project
plans and to make recommendations to the Town so the best interests
of the Town shall be preserved in conformance with the standards herein
established.
Characterized by dwellings and structures laid out in a standard
geometric grid or design that meets minimum zoning regulations.[1]
[Amended 6-25-2020 by L.L. No. 3-2020]
Those Town department heads who are directly in charge of
their respective departments and shall assume the operation and maintenance
of their respective portions of a development upon dedication to the
Town.
An appointed official nominated by the Town Board to enforce Chapter 300, Zoning, of the Code at the Town at Macedon.
[Amended 6-25-2020 by L.L. No. 3-2020]
C.
Publications of other agencies.
(1)
AASHTO
ANSI
ASTM
AWWA
NSF
NYSDEC
NYSDOH
NYSDOT
Throughout this chapter, one will find reference to publications
of other agencies or testing methods such as:
American Association of State Highway and Transportation
Officials.
American National Standards Institute, Inc.
American Society for Testing and Materials.
American Water Works Association.
National Sanitation Foundation.
New York State Department of Environmental Conservation.
New York State Department of Health.
New York State Department of Transportation.
(2)
Reference for these designations are widely accepted and readily
available for the specifics and details that may be required for a
design situation.
