In considering applications for subdivision
of land, the Town Board shall be guided by the standards set forth
hereinafter. The standards shall be considered to be minimum requirements.
A.
Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood or other menace.
B.
Conformity with Comprehensive Plan. Subdivisions shall
conform to and be in harmony with the Town of Marilla Comprehensive
Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
specifications, which may be obtained from the Town Engineer.
D.
Buffer requirements. A buffer zone between planned
subdivision and farmland will be required. The Planning Board will
determine the kind and type of buffer.
[Amended 8-9-2012 by L.L. No. 7-2012]
A.
Street width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform to the Town Highway Specifications (see Chapter 623, Road Specifications) and to accommodate the prospective traffic and afford access for firefighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to create a convenient road network.
B.
Street arrangement and connections. The arrangement of streets in
a subdivision shall provide for the continuation of principal streets
of adjoining subdivisions and for proper projection of principal streets
into adjoining properties which are not yet developed in order to
make possible necessary fire protection, movement of traffic and the
construction or extension, presently or when later required, of needed
utilities and public services, such as sewers, water lines and drainage
facilities. The following conditions shall apply to all subdivisions:
(1)
The proposed street layout shall be coordinated with the street system
of the surrounding area where available. Existing principal streets
shall be extended and the names of such streets continued.
(2)
Subdivisions that adjoin vacant parcels of land with or without access to principal roads and/or parcels of land that have the potential to be resubdivided in the future shall have the right-of-way extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract). No lot shall take access from the terminal end of such streets. Turnarounds shall be constructed at the end of such streets in accordance with Town highway specifications (see Chapter 623, Road Specifications).
(3)
Whenever connections to anticipated or proposed surrounding streets
are required, the right-of-way shall be extended and the street developed
to the property line of the subdivided property (or to the edge of
the remaining undeveloped portion of a single tract) at the point
where the connection to the anticipated or proposed street is expected.
No lot shall take access from the terminal end of such streets. The
Town Board may also require temporary turnarounds to be constructed
at the end of such streets pending their extension when such turnarounds
appear necessary to facilitate the flow of traffic or accommodate
emergency or service vehicles. In those cases where a proposed subdivision
lies adjacent to an existing development and where the connection
of a proposed road to an existing road by means of an extension over
a previously platted but undeveloped or partially developed right-of-way
is needed, the Town Board will require the construction of such road
extension as a condition of final plat approval.
(4)
Where a subdivision abuts on or contains an existing or proposed
arterial street, the Town Board may require marginal access streets,
reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with or without service alleys
or such other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic.
(5)
Where land is subdivided into larger parcels than ordinary building
lots, such parcels shall be arranged so as to allow for the opening
of future streets and logical further resubdivision. Reverse-frontage
lots may be required on major arterials as a means to avoid additional
curb cuts along the arterial.
(6)
Where subdivisions are developed abutting existing or dedicated or
platted streets where rights-of-way are inadequate, the developer
shall make available the additional rights-of-way to meet the minimum
standards of these regulations. Rights-of-way may be determined after
consultation with the Town Highway Superintendent and the Town Engineer.
C.
Internal subdivision streets. Internal subdivision streets shall
be laid out so that their use by through traffic will be discouraged.
D.
Provision for future resubdivision. Where a tract is subdivided into
lots substantially larger than the minimum size required in the zoning
district in which a subdivision is located, the Town Board may require
that streets and lots be laid out so as to permit future resubdivision
in accordance with the requirements contained in these regulations.
E.
Dead-end streets, designed to be so temporarily, pending the extension
of such streets into contiguous land by further subdivision process,
shall contain temporary turnaround facilities which shall be suitable
as permanent facilities in the event that no further subdivision is
made extending such streets. All agreements or offers concerning same
shall be subject to approval of the Town Board.
F.
Block size. Blocks generally shall not be less than 800 feet nor
more than 2,000 feet in length. In blocks exceeding 1,200 feet in
length, the Town Board may require the reservation of a twenty-foot-wide
easement through the block to provide for the crossing of underground
utilities and pedestrian traffic where needed or desirable and may
further specify, at its discretion, that a four-foot-wide paved footpath
be constructed.
G.
Relation to topography. The street plan of a proposed subdivision
shall present a logical relationship to the topography of the property.
All streets shall be arranged so as to obtain developable building
sites at or above the grade of the streets. Grades of streets shall
conform as close as possible to the original topography.
H.
Other required streets. When a subdivision borders on or contains
a railroad right-of-way or limited access highway right-of-way, the
Town Board may require a street approximately parallel to and on each
side of such right-of-way at a distance suitable for the appropriate
use of the intervening land (as for park purposes in residential districts
or for commercial or industrial purposes in appropriate districts).
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separation.
B.
Underground utilities. In order to maintain the aesthetic
quality of the Town of Marilla, wherever possible underground utilities
and service lines should be utilized.
C.
Utilities in streets. The Town Board shall, wherever
possible, require that underground utilities be placed in the street
right-of-way between the paved roadway and street line to simplify
the location, repair and maintenance of lines when required. The subdivider
shall install underground service connections to the property line
of each lot within the subdivision for such required utilities before
the street is paved.
D.
Utility easements. Where topography is such as to
make impractical the inclusion of utilities within the street rights-of-way,
perpetual unobstructed easements at least 20 feet in width shall be
otherwise provided with satisfactory access to the street. Wherever
possible, easements shall be continuous from block to block and shall
present as few irregularities as possible. Such easements shall be
cleared and graded where required.
E.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Town Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Town Engineer
and in no case less than 20 feet in width. It is the sole responsibility
of the applicant to acquire all necessary permits from the United
States Army Corps of Engineers and the New York State Department of
Environmental Conservation where applicable.
F.
Free flow of vehicular traffic abutting business developments.
In front of areas zoned and designed for business use or where a change
of zoning to a zone which permits business use is contemplated, the
street width shall be increased by such amount on each side as may
be deemed necessary by the Town Board 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 business district.
A.
Type of name. All street names shown on a preliminary
plat or final subdivision plat shall be approved by the Highway Superintendent
and the Planning Board. In general, streets shall have names and not
numbers or letters.
B.
Names to be substantially different. Proposed street
names shall be substantially different so as not to be confused in
sound or spelling with present names, except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90° without a change in street name.
A.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 700, Zoning, of the Code of the Town of Marilla, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth (in excess of twice the minimum lot depth allowable in the zoning district) as to encourage the later creation of a second building lot at the front or rear.
B.
Side lines. All side lines of lots shall be at right
angles to straight street lines and radial to curved street lines,
unless a deviation from this rule will give a better street or lot
plan. Any proposed deviation from this standard must be approved by
the Planning Board.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide for proper building setback from either
street and provide a desirable building site.
D.
Driveway access. Driveway grades between the street
and the setback line shall not exceed 10%.
A.
Removal of spring and surface water. The subdivider
may be required by the Town Board to remove 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.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, including areas outside of the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 700, Zoning, of the Code of the Town of Marilla in the watershed.
C.
Responsibility from drainage downstream. The subdivider's
engineer shall also study the effect of each subdivision on the existing
downstream drainage facilities outside the area of the subdivision.
This study shall be reviewed and approved by the Town Engineer. Where
it is anticipated that the additional runoff attributable to the development
of the subdivision will overburden an existing downstream drainage
facility, the Town Engineer shall notify the Town Board of such potential
condition. In such case, the Town Board shall not approve the subdivision
until provision has been made for the mitigation of said condition.
D.
Land subject to flooding. Land subject to severe flooding
or land deemed by the Town Engineer to be uninhabitable shall not
be considered for residential development nor for such other uses
as may increase danger to health, life or property or aggravate a
flood hazard.[1]
E.
Individual lot grading. The subdivider shall provide
for proper grading of individual lots which will:
A.
Purpose. All subdivisions consisting of more than
20 lots, including all phases, shall be required to provide open space.
Developed open space shall be designed to provide active recreational
facilities to serve the residents of the development. Undeveloped
open space shall be designed to preserve important site amenities
and environmentally sensitive areas.
B.
Minimum requirements.
(1)
Amount of open space required. A percentage (10% minimal)
of the tract proposed for development shall be set aside for developed
and/or undeveloped open space. This percentage may be decreased by
the Town Board based upon conditions, such as population density,
existing municipal facilities, topography, socioeconomic characteristics
of the prospective population and other appropriate site and development
specific factors. The Town Board will not require open space of more
than 10% of the tract proposed for development; however, this shall
not preclude the subdivider from providing additional open space at
his discretion.
(2)
Size of open space parcels. The area of each parcel
of open space designed for active recreational purposes shall be of
such minimum dimensions as to be functionally usable.
(3)
Location of open space parcels. Open space parcels
shall be convenient to the dwelling units they are intended to serve.
However, because of noise generation, they shall be sited with sensitivity
to surrounding development.
(4)
Payment in lieu of land. If the Town determines that
a suitable area or area of adequate size cannot be located within
the subdivision, a payment in lieu of land shall be provided by the
developer according to the Town of Marilla's fee schedule, as set
by resolution of the Town Board from time to time by resolution.[1] Upon receipt of payment in lieu of land, the Town shall
place the payment in a dedicated resource fund established by the
Town, which reserve can be used only for land acquisition or other
park improvements.
[1]
Editor's Note: See Ch. 540, Fees, Land Use.
C.
Improvements of open space parcels.
(1)
Developed open space. The Town Board or other approving
authority may require the installation of recreational facilities,
taking into consideration:
(2)
Undeveloped open space. As a general principle, undeveloped
open space should be left in its natural state. A developer may make
certain improvements, such as the cutting of trails for walking or
jogging or the provision of picnic areas, etc. In addition, the Town
Board may require the developer to make other improvements, such as
removing dead or diseased trees, thinning trees or other vegetation
to encourage more desirable growth and grading and seeding, where
appropriate.
D.
Exceptions to the standards. The Town Board may permit
minor deviations from open space standards when it can be determined
that:
E.
Deed restrictions. Any lands dedicated for open space
purposes shall contain appropriate covenants and deed restrictions
approved by the Town Attorney ensuring that:
(1)
The open space area will not be further subdivided
in the future.
(2)
The use of the open space will continue in perpetuity
for the purpose specified.
(3)
Appropriate provisions will be made for the maintenance
of the open space.
(4)
Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general public for a fee.
F.
Open space ownership. The type of ownership of land
dedicated for open space purposes shall be selected by the owner,
developer or subdivider, subject to the approval of the Town Board.
The Town Board, as a condition of its approval, shall be entitled
to receive such detailed financial and/or organizational information
on the entity that it is proposed to accept title to the open space
as the Town Board, in its sole discretion, deems necessary. Type of
ownership may include, but is not necessarily limited to the following:
(1)
The municipality, subject to acceptance by the governing
body of the municipality;
(2)
Other public jurisdictions or agencies, subject to
their acceptance;
(3)
Quasi-public organizations, subject to their acceptance;
(4)
Homeowner, condominium or cooperative associations
or organizations; or
(5)
Shared, undivided interest by all property owners
in the subdivision.
G.
Homeowners' association. If the open space is owned
and maintained by a homeowner or condominium association, the developer
shall file a declaration of covenants and restrictions that will govern
the association to be submitted with the application for the preliminary
approval. The provisions shall include but are not necessarily limited
to the following:
(1)
The homeowners' association must be established before
any of the homes are sold.
(2)
Membership must be mandatory for each home buyer and
any successive buyer.
(3)
The open space restrictions must be permanent, not
just for a period of years.
(4)
The association must be responsible for liability
insurance, property taxes and the maintenance of recreational and
other facilities.
(5)
Homeowners must pay their pro rata share of the cost,
and the assessment levied by the association shall become a lien on
the property, and the master deed establishing the homeowners' association
shall provide that unpaid assessments will become a lien.
(6)
The association must be able to adjust the assessment
to meet changing needs as required.
H.
Maintenance of open space areas. The person or entity identified above, in Subsection F, Open space ownership, as having the right of ownership or control over the open space shall be responsible for its continuing upkeep and proper maintenance.
I.
Waiver of reservation of areas.
(1)
In cases where the Town Board finds that, due to the
size, topography or location of the subdivision, land for park, playground
or other recreation purpose cannot be properly located therein, or
if in the opinion of the Town Board it is not desirable, the Town
Board may waive the requirement of land for such purposes. The Board
shall then require payment of a fee as set by resolution of the Town
Board from time to time[2] in lieu of the dedication or reservation of areas or sites
for the above uses.
[2]
Editor's Note: See Ch. 540, Fees, Land Use.
(2)
Such fee shall be paid to the Town Board at the time
of final plat approval, and no plat shall be signed by the Code Enforcement
Officer until such payment is made. All such fees shall be placed
in a reserve account for the acquisition or other park infrastructure
improvements of permanent parks or playgrounds available to the residents
of the subdivision concerned. These funds shall in no event become
a part of the general fund of the Town.
J.
Reserve strips prohibited. Reserve strips of land
which might be used to restrict access from the proposed subdivision
to any neighboring property or to any land within the subdivision
itself shall be prohibited.
K.
Preservation of natural features. The Town Board shall,
wherever possible, establish the preservation of all natural features
which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, historic resources,
vistas and similar irreplaceable assets. No tree with a diameter of
eight inches or more, as measured three feet above the base of the
trunk, shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat. Removal of additional
trees shall be subject to the approval of the Town Board. In no case,
however, shall a tree with a diameter of eight inches or more, as
measured three feet above the base of the trunk, be removed without
prior approval by the Town Board. This subsection is not intended
to limit the rights of subdivision lot purchasers to remove trees
as necessary.
L.
Required trees.
(1)
The subdivider shall provide a minimum of one street
tree per 50 feet of lot frontage. Required trees shall be approved
by the Town Board and shall be compatible with subdivision development
in terms of height, spread, longevity, root structure, nuisance characteristics,
disease and pest resistance and general hardiness. The following is
a suggested list of appropriate trees for the Marilla area:
(2)
Required trees shall measure a minimum of 1 1/2
inches in diameter as measured three feet above the base of the trunk
and shall be located a minimum of five feet outside the right-of-way.
(3)
Existing trees may serve as required trees by approval
of the Town Board.
