Town of Marbletown, NY General Requirements and Design Standards

In residential areas. Where a subdivision abuts or contains an existing or proposed major street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. In general, in open field (unwooded) situations, reverse frontage lots with screen planting are to be employed only when it can be demonstrated that it is completely infeasible to construct a single-loaded street set back from the existing thoroughfare, with homes facing the thoroughfare across a foreground meadow.

In business areas. In areas zoned or designed for commercial use, or where a change of zoning is contemplated for commercial use, the Planning Board may require that the street width be increased or that a service road be constructed to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial area.

Permanent dead-end streets. Permanent dead-end or cul-de-sac streets shall normally not exceed 1,200 feet in length in order to provide for convenience of traffic movement and facilitate more effective police and fire protection. A depth suitable for an adequate building lot may be required to be retained between the terminus of the road and adjoining property. The Planning Board may require the reservation of a twenty-foot-wide easement through this property to facilitate pedestrian traffic or utilities. No permanent dead-end streets may be constructed serving more than 20 building lots.

Street names. All streets shall be named and such names shall be subject to the approval of the Town Board. Names shall be sufficiently different in sound and spelling from other street names in the Town to avoid confusion. A street which is a continuation of an existing street shall bear the same name. As general policy, the use of personal names for new roads is discouraged. Historical names are preferred or names appropriate to the particular development or general neighborhood.

Street intersections.

Design. Intersections of major streets by other streets shall be at least 800 feet apart. Cross (four-cornered) street intersections shall be avoided, except at important traffic intersections. A distance of at least 150 feet shall be maintained between offset intersections.

Visibility at intersections. Within the triangular area formed at corners by the intersecting street pavement lines, nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility in accord with the Town Road Specifications. An easement for the enforcement of this provision shall be granted to the owner of the street and notation to this effect made on the subdivision plat. If directed by the Planning Board, ground shall be excavated to achieve visibility.

Private rural roads. In order to minimize site disturbance and preserve the rural character of the Town, separate standards for private rural roads have been created for the Board. Such rural roads may be provided in lieu of roads which comply with Chapter A206, Road Specifications, under the following conditions:

The property to be subdivided is located within the R-1, A-2, A-3 or A-4 Zoning District.

[Amended 1-6-2009 by L.L. No. 1-2009]

The proposed rural road shall provide access to no more than 10 lots.

The road must remain in private ownership and be subject to a road maintenance agreement approved by the Planning Board prior to approval of the final plat.

§ 169-45 Lots.

Lots to be buildable. The lot size, width, depth, shape and arrangement shall be appropriate for the type of development and use contemplated, and shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Law, or in providing access to buildings on such lots from an approved street. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets.

Side lot lines. Side lot lines, so far as practicable, shall be at right angles or radial to street lines unless a variation from this rule will give, in the opinion of the Planning Board, a better street or lot plan. Lot lines shall coincide with Town boundaries rather than cross them. Where extra width has been dedicated for widening an existing street, lot lines shall begin at such extra width line.

Access from major streets. Lots shall generally not have their vehicular access from a major street. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. (See § 169-44E, Treatment of major streets.)

Access across a watercourse. Where a watercourse separates the buildable area of a lot from the access street, provision shall be made for the installation of a culvert or other structure, of a design approved by the Town Engineer.

Lots with water bodies. If a tract being subdivided contains a water body or portion thereof, lot lines shall be so drawn as to distribute the ownership of the water body among the fees of the adjacent lots. A maintenance agreement shall be established for dams, spillways and related structures used to control the water body. The Planning Board may approve an alternate plan whereby the ownership of, and responsibility for, safe maintenance of the water body is so placed that it will not become a Town responsibility. No more than 25% of the minimum lot area required under the zoning regulations may be satisfied by land under water.

Flag lots. The creation of flag lots, as defined herein is permitted in accordance with the standards listed below.

Minimum lot area. The minimum area of a flag lot shall be at least 1 1/2 times the required minimum lot area set forth in § 200-20 of the Zoning Chapter. The area of the access strip portion of the flag lot shall not be counted towards meeting the minimum lot area requirements.

Front yard setback. The required minimum front yard setback of a flag lot shall be measured not from the street line of the flag lot but from the interior front lot line.

Frontage. Each rear lot must have either a minimum frontage of 25 feet on an improved public or private road and an access strip as defined in this chapter, or a deeded right-of-way easement over other lands, providing legally adequate and physically practical access to a public or private road.

Other yards and setbacks. All other yards and building setbacks shall be determined as provided for in § 200-20 of the Zoning Chapter.

(5)

Access strip dimensions. The maximum length of the access strip shall be determined by the Planning Board based on physical features of the site and the configuration of adjacent lots but shall not exceed 2,000 feet. The minimum width of an access strip serving a flag lot shall not be less than 25 feet along the entire length of the access strip. Driveways shall have a minimum width of 12 feet and turnouts with a minimum width of eight feet shall be provided at intervals no greater than 500 feet to allow for vehicles to pass each other.

[Amended 1-6-2009 by L.L. No. 1-2009]

(6)

Spacing. No flag lot shall be created that would adjoin another flag lot to create frontage and access onto the same street at adjacent locations, unless a single shared driveway is provided to serve both lots.

Compliance with § 280-a of the New York State Town Law.[1] All lots created by a subdivision shall be designed to comply with all applicable provisions set forth in § 280-a of New York State Town Law. Section 280-a of the New York State Town Law is summarized here in part and the Town refers the reader to the State of New York Statutes for the complete text to ensure compliance with all provisions:

[Added 1-6-2009 by L.L. No. 1-2009]

A permit may not be issued for the erection of a building unless access to such building is provided via a street on the Town of Marbletown’s Official Map or Plan, or if there is no such Official Map or Plan, by a public street, or a street on an approved plat, or a street on a plat filed prior to the establishment of the Town’s Planning Board and the grant to such Board of the power to approve plats.

"Access" in § 280-a means that the lot on which the structure is proposed directly abuts on the street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles, and, a frontage of 15 feet shall presumptively be sufficient for that purpose.

Pursuant to § 280-a, Subdivision 4, the above provisions do not apply in the Town’s A-3 and A-4 Zoning Districts as the Town of Marbletown has designated these districts as an "open development area." The Marbletown Town Board has the jurisdiction to establish other open development areas in the future.

[1]

Editor's Note: See also § 200-28.

§ 169-46 Reservation of land for recreation.

The purpose of this subsection is to provide an equitable and effective development standard for securing adequate land for parks, playgrounds, and recreational purposes in all new subdivisions throughout the Town. Any land which shall be reserved for parks, playgrounds or recreational areas must be in a location with suitable access as approved by the Planning Board.

The Planning Board shall require that the subdivision plat show sites of a character, extent and location suitable for the development of a park, playground, or other recreation purpose.

Land for park, playground, or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks are suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute.

All lands designated on the plat as park, playground and recreation areas may be retained in private ownership and shall be subject to such conditions as the Planning Board may establish for the subdivision concerning access, use, and maintenance of such lands as deemed necessary to assure the preservation of such lands, in perpetuity, for their intended purposes. The Planning Board may require that recreation lands be contiguous. Such conditions shall be shown on the plat prior to plat approval and recording.

However, if the Planning Board makes the finding pursuant to the section above that the proposed subdivision plat presents a proper case for recreational purposes, but that due to size, topography or location of the subdivision, land for parks, open space, playgrounds or other recreational purposes cannot be located therein or if, in the opinion of the Board, it is otherwise not reasonable or feasible, the Board shall require, prior to the signing of the plat, payment to the Town of Marbletown Recreation Trust Fund of a fee per lot created in the subdivision or section thereof being considered for approval at the time. Such fee shall be in accord with a schedule established by the Town Board and be paid to the Town at the time of final plat approval. No final plat shall be signed until such payment is made. In making such determination of suitability, the Planning Board shall assess the size and locations for parks, recreational facilities, or recreation areas, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood and whether the location of the proposed recreational land is shown in the Comprehensive Plan. The lot encompassing the residence of the subdivider shall be exempt from this fee.

§ 169-47 Easements or reservations.

Widening or realignment of existing streets. Where the subdivision borders an existing street and additional land is required for realignment or widening of such street as indicated on the Official Map, or Comprehensive Plan, if such exist, or where the Planning Board deems such reservation necessary, the Planning Board may require that such areas be indicated on the plat and marked "Reserved for Street Realignment (or Widening) Purposes."

Easements for utilities and drainage. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street. Such easements shall be centered on rear or side lot lines.

Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds, or other nearby streets, perpetual unobstructed easements at least 20 feet in width.

Easements for maintenance of slopes. Where steep slopes beyond the street right-of-way may require maintenance, an easement may be required for such purpose.

Responsibility for ownership of reservations. Title to all reservations, if vested in interests other than the subdivider, shall be clearly indicated on the plat.

§ 169-48 Improvements.

Monuments and markers. Permanent monuments shall be placed at all block corners, angle points, points of curvature and points of tangency in streets and intermediate points as required by the Town Engineer. In no case shall there be fewer than four permanent monuments per block. Monuments shall be set so as to prevent movement by frost upheaval and other pressures. Markers of a material size and length suitable to the Town Engineer shall be placed at all points where road lines intersect plat boundaries and at all lot corners.

Street improvements. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, sanitary sewers, storm drains, and fire hydrants, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of the public health, safety and general welfare, or may result in unnecessary hardship. Where underground utilities are required by the Planning Board, they shall be placed between the paved roadway and street right-of-way line, where possible, to simplify location and repair of the lines. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Such grading and improvements shall be approved as to design and specifications by the Town Engineer, who shall require that all pertinent Town standards and specifications shall be met.

Street trees. When required, street trees shall be of the shade tree variety, deciduous, and capable of attaining a mature height of at least 50 feet. They shall be planted at intervals of not less than 50 feet on both sides of every street. They shall generally be of native species such as red maple, red and white oak, linden, hickory, and sycamore.

Water and sewerage facilities. Facilities for water and sewerage shall be provided in each new subdivision in accordance with the requirements of the appropriate agency having jurisdiction over the planning and installation of these in the area of the subdivision; however, the following minimum requirements of the Town shall be met:

Central water supply systems shall be designed with adequate pressures, mains and fire hydrants to meet Association of Fire Underwriters specifications for a Class C protected area.

All water mains shall be at least six inches in diameter.

Sanitary sewers shall not be used for stormwater drainage.

Central sewerage systems shall provide a four-inch minimum size connection to each lot.

(5)

Any subdivision contiguous to an existing water or sewer district or contiguous to or within a planned expansion of an existing water or sewer district shall make application to become a part of or to be serviced by the existing district. No subdivision shall be approved where it is intended to use individual wells and/or septic tanks where it is determined feasible to utilize the facilities of an existing water or sewer district.

Storm drainage improvements. All storm water drainage systems shall be installed in accordance with standards and specifications provided to the Planning Board by the Town Engineer including but not limited to NYS MS4 stormwater regulations. Where soils are not heavy and nonporous, infiltration trenches may be installed to recharge groundwater and reduce the need for basins. Where practicable, basins shall be very broad and very shallow, with slide slopes not greater than 1:30, which can be managed as conservation meadows. Wherever feasible, natural vegetation shall be retained and protected during construction. Where inadequate vegetation exists, permanent vegetation shall be established. The discharge rate shall not exceed that produced by the conditions existing prior to any soil disturbance. The total volume of stormwater leaving the developed site shall not exceed that which existed prior to development under the same storm conditions without site plan approval.

Minimizing impact. Subdivisions shall be designed to maintain or improve pre-development drainage conditions by minimizing grading, cutting, and filling, by minimizing the use of impervious surface materials on roads, driveways, and other improved areas, by retaining existing vegetation, by using gently sloped vegetated swales, and by employing other nonstructural or structural measures including retention or detention basins.

Removal of surface water. Where stormwater cannot be retained on-site through the design measures described in Subsection E(1) above, the subdivider may be required to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of, the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. Drainage changes resulting from subdivision shall not adversely affect downstream properties or any watercourse.

Land subject to flooding. All subdivision applications shall comply with Marbletown Code provisions concerning flood hazard areas. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy or for such other uses as may increase danger to health, life or property, or aggravate the flood hazard. Such land may be improved in a manner that reduces the threat of localized and downstream flooding.

Easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as the Town Engineer may deem adequate to the purpose. If drainage easements must be carried from the road to a natural watercourse across private land outside the subdivision, appropriate rights must be secured and indicated on the plat.

Public utilities. The Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved subdivision plat. Underground utilities should be placed between the paved roadways and street right-of-way line to simplify location and repair of the lines. The subdivider shall install underground service connections, where required, to the property line of each lot before the street is paved.

§ 169-49 Protected open space design considerations.

Where required or proposed, the configuration of proposed protected open space set aside for common use in residential subdivisions shall comply with the following standards:

Open space shall be free of all structures except historic buildings, stone walls, and structures related to protected open space uses. The Planning Board may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the protected open space provided that such facilities would not be detrimental to the protected open space. The acreage of lands required for such uses will not be credited towards minimum protected open space acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use. The Board may also grant permission to construct small, modest buildings for recreational uses, such as shelters for the use of ice skaters.

Open space shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

Open space shall be directly accessible to the largest number of lots within the subdivision. Nonadjoining lots within the subdivision shall be provided with safe and convenient pedestrian access to protected open space land.

Open space shall be suitable for active recreational uses to the extent deemed necessary by the Planning Board, without interfering with adjacent dwelling units, parking, driveways, and roads.

Open space shall be interconnected wherever possible to provide a continuous network of protected open space lands within and adjoining the subdivision.

Open space shall provide buffers to adjoining farmland, parks, preserves or other protected lands.

In those cases where all or part of the protected open space is not located within private house lots, pedestrian pathways for use by the residents of the subdivision are strongly encouraged. The applicant should consider providing for public access on such trails if they are linked to other publicly accessible pathway systems within the Town. Provisions should be made for access to the protected open space lands, as required for land management and emergency purposes.

Open space shall be undivided by public or private streets, except where necessary for proper traffic circulation.

Open space shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect protected open space resources. Such landscaping shall emphasize the planting of native trees, shrubs, and wildflowers.

Open space shall be made subject to such agreement with the Town and such conservation easements or deeds restrictions duly recorded in the office of the County Recorder of Deeds as may be required by the Planning Board for the purpose of preserving the common open space for such use.

Open space shall be consistent with the Town's Comprehensive Plan and its Open Space Plan (if any).

§ 169-50 Protected open space land and common facilities protection, ownership and maintenance standards.

Permanent protection. All protected open space land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in Section D(11)(a) of Appendix A attached hereto.[1]

[1]

Editor's Note: Appendix A is included at the end of this chapter.

Ownership options. Unless indicated otherwise, the following methods may be used, either individually or in combination, to own common facilities and protected open space land. Common facilities and protected open space land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Areas to be dedicated for public use shall be dedicated, gifted or donated to the Town or other public entity, or to a recognized land trust organization acceptable to the Town Board. Said gifts, or offers of dedication shall be filed with the Town in a form acceptable to the Town Attorney, prior to the final plat being signed by the Planning Board Chairperson. Conservation easements shall also be applied to said protected open space lands. All conservation easements shall be irrevocable and applicable to all said land. Whenever a condominium or homeowners' association is proposed, the Town Board shall retain the right to review and approve the organizational and governance documents of said association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, restrictions, easements, charges and liens, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such. Ownership options are as follows:

Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the protected open space land and/or common facilities that the applicant may wish to offer, provided that the Town agrees to, and has access to maintain, such land and/or facilities.

Condominium association. Common facilities and protected open space land may be controlled through the use of condominium associations. Such associations shall be created and managed in accordance with relevant State law. All protected open space land and common facilities shall be held as common elements.

Homeowners' association. Common facilities and protected open space land may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state statutes and subject to the following provisions:

(a)

The homeowners' association shall be established as an incorporated, not-for-profit corporation operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportional share of the expenses for the corporation's costs.

(b)

Title to all common property shall be placed in the homeowners' association or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time, in no instance more than one year from the initial occupancy of the first dwelling.

(c)

Each lot owner(s) shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

(d)

Once established, all responsibility for operation and maintenance of the common land and facilities approved at the time of final subdivision approval shall lie with the homeowners' association. Under no circumstances shall said association approve any alteration or use or construction of structures in the common areas except in accordance with the subdivision approved by the Planning Board.

(e)

Dedication of all common areas shall be recorded on the subdivision plat and by reference made on the plat to such a dedication in a separately recorded document. Resubdivision of such area is prohibited. The dedication shall:

[1]

Reserve the title of the common property for the community association free of any cloud of implied public dedication.

[2]

Commit the developer to convey the areas to the homeowners' association at an approved time.

[3]

Grant easements of enjoyment over the area to the lot owners.

[4]

Give to the homeowners' association the right to borrow for improvements upon the security of the common areas.

[5]

Give to the homeowners' association the right to suspend membership rights for nonpayment of assessments or infraction of published rules.

[6]

A homeowners' association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowners' fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. A homeowners' association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.

Private conservation organization. With permission of the Town, an owner may transfer either fee simple title of the protected open space land with the requisite conservation easement or provide for a conservation easement over the protected open space land with rights given to a private, nonprofit conservation organization such as an established land trust, provided that either the conveyance documents or the related conservation easement contain appropriate provisions for transfer to an equivalent entity in the event that the organization becomes unwilling or unable to continue carrying out its functions with respect to maintenance of the protected open space land. The Town must be a party to the conservation easement so that it has the ability to enforce the easement restrictions placed upon the land. A maintenance agreement acceptable to the Town is established between the owner and the organization and made part of the conservation easement.

(5)

Dedication of easements to the Town. The Town may, but shall not be required to, accept easements for public use of any portion of the protected open space land or facilities which may be offered by the applicant. In such cases, the land and/or facility remain in the ownership of the condominium association, homeowners' association, or private conservation organization while the Town holds the easements. A satisfactory maintenance agreement for the land and/or facility shall be reached between the owner and the Town.

(6)

Noncommon private ownership and conservancy lots.

(a)

Conservancy lots. All or a portion of the required protected open space land may be included within one or more large conservancy lots of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, except for those uses provided for herein, and the Town is given the ability to enforce these restrictions. The purpose of the conservancy lot is to provide surrounding residents with visual access to protected open space land, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standards for protected open space land.

(b)

Minor and intermediate subdivisions. Individual lot owners within a minor (two to four lots) or an intermediate (five to nine lots) subdivision may own protected open space land as long as such land is the subject of a conservation easement, wherein the Town is a party for enforcement purposes, and the maintenance plan for the protected open space land is to keep it forever wild.

[Amended 1-6-2009 by L.L. No. 1-2009

Maintenance.

Unless otherwise agreed to by the Board, the cost and responsibility of maintaining common facilities and protected open space land shall be borne by the owner.

The applicant shall, at the time of preliminary plat application submission, provide a plan for maintenance of protected open space lands and operation of common facilities in accordance with the following requirements:

(a)

The plan shall define ownership.

(b)

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space such as lawns, playing fields, meadow, pasture, cropland and woodlands.

(c)

The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the protected open space land and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

(d)

At the Town's discretion, the applicant may be required to post a bond or other security for the maintenance and operation costs of common facilities for up to one year.

(e)

Any changes to the maintenance plan shall be approved by the Board and said requirement shall be provided for in the conservation easement.

In the event that the organization established to maintain the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Town may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.