Marlborough City Zoning Code
CHAPTER 134
Subdivision of Land
§ 134-1 Word usage.
As used in this chapter:
Words in the singular include the plural and those in the plural include the singular.
The word "person" includes a corporation, unincorporated association and partnerships, as well as an individual.
The word "building" includes a structure and shall be construed as if followed by the phrase "or part thereof."
The word "street" includes avenue, boulevard, court, expressway, highway, lane, arterial and road.
The word "watercourse" includes channel, creek, ditch, drain, dry run, spring and stream.
§ 134-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which occurs an action requiring municipal review and approval by the Planning Board, Zoning Board of Appeals or Town Board pursuant to Article 16 of the Town Law.
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
An area bounded by streets.
The Planning Board of the Town of Marlborough.
The person duly designated as engineer of the Planning Board on a permanent or consulting basis.
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
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 property has been devoted.
A private right-of-way providing access for vehicles to a parking space, garage, dwelling or other structure.
A grant by the property owner of one or more of the property rights to and/or for the use by the public, a corporation or another person or entity.
The land used in agricultural production, farm buildings and farm residential buildings.
An ordinance or local law enacted by a municipality for the regulation of any aspect of land use and community resource protection and includes zoning, subdivision, special use permit or site plan regulation or any other regulations which prescribe the appropriate use of property or the scale, location and intensity of development.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
A reconfiguration of lots which will result in a different geometric configuration; however, the public hearing requirements of § 134-9C of this chapter shall not apply to the consolidation of lots or to lot line realignments affecting no more than two lots in the R, R-1, and R-Ag-1 Zoning Districts, and the Planning Board shall be empowered to issue one unified approval in such circumstances, as opposed to preliminary approval followed by final approval..
[Added 3-8-1999 by L.L. No. 2-1999; amended 8-22-2022 by L.L. No. 7-2022]
A city, town or village.
A security which may be accepted by the municipality in lieu of a requirement that certain improvements be made before the Board gives final approval to a subdivision plan. Such security shall be sufficient to cover the full cost of all uncompleted improvements in the subdivision as estimated by the Board or agency designated by the Board. Securities shall include such collateral or agreements acceptable to the Town Board or a bond issued by a surety company and to run for a term not to exceed three years; provided, however, that the terms may be extended by the Board with the consent of the parties thereto.
A map or maps of a subdivision.
A drawing prepared in a manner prescribed by this chapter which shows a proposed subdivision, containing in such additional detail as may be required by this chapter all information required to be shown on a preliminary plat and the modifications, if any, required by the Planning Board at the time of the approval of the preliminary plat if such preliminary plat has been so approved.
A drawing prepared in a manner prescribed in this chapter showing the layout of a proposed subdivision, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as required by this chapter.
A freehand sketch showing the general features of a proposed subdivision in accordance with § 134-21 of this chapter.
A lot, parcel, tract or plot of lands, together with the buildings and structures thereon.
A privately owned strip of land of a width less than the lot depth permitted by the applicable regulations, bounded on one side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.
A lot extending between and having frontage on a major traffic street and a minor street and with vehicle access solely from the latter.
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary or storm sewer and other similar uses; in general, the right of one to pass over the property of another.
Measurement for the width of a "right-of-way" used as a road shall be made from the property lines of the abutting properties. Such designated width may not be used for setback requirements of the abutting properties.
The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.
The maximum extent of unobstructed vision in a horizontal plane along a street from a lot egress onto a street to any given point on that street.
Any structure or part thereof or device attached thereto or painted or represented thereon which shall, of itself or by display or inclusion of any letter, word, device or representation, be used as or which is in the nature of an announcement, direction or advertisement.
Those which serve or are designed to be used primarily for fast-moving traffic volumes and are used primarily as routes for traffic between communities.
Those which, in addition to giving access to abutting properties, are designed to connect minor streets to the major street system.
Those used primarily to provide access to abutting property.
A combination of materials constructed, assembled or erected at a fixed location, including, for example, a building, mobile home or carport, the use of which requires location on the ground or attachment to something having location on the ground.
The owner of a subdivision, or an agent of the owner as authorized in writing.
The division of any parcel of land into a number of lots, blocks or sites as specified in this chapter, with or without streets or highways, for the purpose of sale, transfer of ownership or development. Subdivisions may be defined and delineated by local regulation as either "major" or "minor," with the review procedures and criteria for each set forth in this chapter.
[Amended 3-3-2017 by L.L. No. 4-2017; 8-22-2022 by L.L. No. 7-2022]
The date when a sketch plat, complete preliminary or subdivision plat is submitted to the Clerk of the Planning Board. Completeness shall be determined by submission of all required surveys, plans, data and fees as specified in the checklist available from the Planning Board Clerk and, if necessary, by Planning Board review at its monthly work session.
The Town Board of the Town of Marlborough.
The materials, written or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the town. The "Comprehensive Plan," as herein defined, shall, among other things, serve as a basis for land use regulation, infrastructure development, public and private investment and any plans which may detail one or more topics of a comprehensive plan.
The person duly designated as engineer of the town on a permanent or consulting basis.
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
An open space, as may be required by this chapter, of uniform width or depth, on the same lot with a building or group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.
An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
§ 134-3 Authority of Planning Board.
By the authority of the resolution of the Town Board of the Town of Marlborough, Ulster County, New York, adopted on June 11, 1973, pursuant to the provisions of the Town Law, Chapter 16 of the Consolidated Laws of the State of New York, the Planning Board of the Town of Marlborough is authorized and empowered to approve, approve with modifications and disapprove plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the county and to conditionally approve preliminary plats. All subdivision plats hereinafter submitted to the Planning Board for approval shall be governed by the provisions of this chapter.
This amendment to the land subdivision regulations was recommended by the Town of Marlborough Planning Board on August 23, 1994. It is based on revisions to Town Law § 271, Subdivision 13, Chapter 663, Laws of 1992, effective July 1, 1993, and supersedes a previous comprehensive amendment of these regulations adopted by the Town Board on March 14, 1988, and all earlier amendments.
Town Law § 271, Subdivision 13, Chapter 663, Laws of 1992, effective July 1, 1993, provides that adoption of land subdivision regulations shall henceforth be by local law, as opposed to a resolution. This amendment to the land subdivision regulations was therefore enacted by the Town Board of the Town of Marlborough as Local Law No. 3 of 1994 on October 24, 1994. It became effective upon filing with the Secretary of State of the State of New York on November 7, 1994.
§ 134-4 Policy; adoption of regulations.
It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the town. This means, among other things:
That 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.
That proper provisions shall be made for drainage, water supply, sewerage and other needed improvements.
That all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties.
That the proposed streets shall compose a convenient system conforming to the proposals shown in the Comprehensive Plan and shall be of such width, grade and location as to accommodate prospective traffic, facilitate fire protection and provide access for fire-fighting equipment to buildings.
That proper provision shall be made for open spaces for parks and playgrounds.
In order that land subdivision may be accomplished in accordance with this policy, these regulations, which shall be known as the "Town of Marlborough Land Subdivision Regulations," have been adopted.
§ 134-5 Applicability; recording of plats.
No subdivision of any lot, tract or parcel of land shall be effected; no erection of any structure in such proposed subdivision shall commence; no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel or the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of this chapter.
Recording. All plans for subdivisions shall be submitted to the Planning Board and approved by it before they shall be recorded by the County Clerk in accordance with Chapter 257 of the Town Law.
Extent. The provisions contained herein shall apply to all land within the limits of the Town of Marlborough.
§ 134-6 Undeveloped subdivisions.
Where a subdivision plat filed in the office of the County Clerk is entirely or substantially undeveloped, the Planning Board may require those portions which are entirely or substantially undeveloped to be replatted and improved to the standards and requirements of these subdivision regulations and in accordance with § 265-a of the Town Law after a period of two years subsequent to the adoption and approval of these regulations.
§ 134-7 General procedure.
Whenever any subdivision of land is proposed to be made in the Town of Marlborough and before any lots are sold and before any permit for erection of a structure in such proposed subdivision shall be granted, the subdivider or his authorized agent shall apply for approval of such proposed subdivision in accordance with the following procedure:
Preapplication meeting with Planning Board.
Sketch plat showing general concept.
Preliminary plat showing proposal in detail.
Public hearing on preliminary plat.
Final subdivision plat or finalized proposal.
Public hearing on final plat waivable at Planning Board's discretion.
Planning Board approval by resolution.
Improvements completed or posting of bonds or certified checks.
Planning Board signs plat.
Plat is filed in County Clerk's office.
§ 134-8 Preapplication procedure.
General procedure. Before preparing a detailed proposal, the subdivider should make an appointment at a regular meeting of the Planning Board to become familiar with the requirements of these and other regulations, the policies and plans of the Planning Board and other information that may be pertinent to the subdivision. The proposal should also be discussed with the County Health Department, which is responsible for the adequacy of lot sizes and facilities for water supply and sewage disposal. Under certain conditions, the subdivider may also need the approval of the state, county or local highway agencies and others. This initial conference is intended to save the subdivider time and unnecessary expense.
Sketch plat. Prior to filing a preliminary plat, the subdivider should submit a sketch plat showing a basic proposed layout and other information required in Article IV of this chapter. At least 10 copies of this sketch plat shall be delivered to the Chairman or other authorized official of the Planning Board at least 10 days before the next scheduled Board meeting. After review of the sketch plat, but within 62 days of its official date of submission, the Planning Board shall tentatively approve the sketch plat or recommend notification, in writing. Where a single parcel is to be subdivided into not more than four lots, contains no new streets and is not subject to limiting physical conditions, such as shallow depth to bedrock or extreme wetness, the Planning Board may waive the requirements of § 134-22 and permit the subdivider to furnish the information specified in § 134-23C(1). In the event that the requirements of § 134-22 are waived and the application approved, no lot in the approved subdivision shall be considered by the Board for resubdivision for a period of three years from the date of approval.
[Amended 3-8-1999 by L.L. No. 2-1999]
§ 134-9 Preliminary plat.
Procedure. Subsequent to approval of the sketch plat, a preliminary plat shall be prepared showing in detail the design of the subdivision, details of construction, proposed covenants and other items required in Article IV. Such preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in this chapter.
Study of the preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets; the relation to the topography of the land; water supply, sewage disposal and drainage; lot sizes, shape and arrangement; the future development of adjoining lands as yet unsubdivided; and the requirements of the Town Comprehensive Plan, zoning regulations[1] and other matters enumerated in § 277 of the Town Law.
Public hearing. A public hearing shall be held by the Planning Board within 62 days after the receipt of a complete preliminary plat by the Clerk of the Planning Board. Completeness shall include compliance with all requirements of the State Environmental Quality Review Act.[2] Such hearing shall be advertised at least once in a newspaper of general circulation at least five days prior to such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems appropriate for full public consideration of such preliminary plat.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
Approval of preliminary plat. Within 62 days after the public hearing, the Planning Board shall approve, with or without modification, or disapprove the preliminary plat. The ground for a modification, if any, or the ground for a disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of this section, the period in which a Planning Board must take action may be extended by mutual consent of the owner and the Planning Board. When approving a preliminary plat, the Planning Board shall state, in writing, any modifications it deems necessary for submission of the plat in final form. Approval of the preliminary plat shall not constitute approval of the final subdivision plat, but general agreement on which the final subdivision plat may be submitted. Preliminary approvals, followed by final approval, shall not be required for the consolidation of lots or for lot line realignments affecting no more than two lots in the R, R-1, and R-Ag-1 Zoning Districts. Instead the Planning Board may issue one unified approval.
[Amended 3-3-2017 by L.L. No. 4-2017]
Filing of preliminary plat. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as having been granted preliminary approval. A copy shall be filed in the Clerk's office and a certified copy mailed to the owner.
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
Default approval of preliminary plat. In the event that a Planning Board fails to take action on a preliminary plat within the time prescribed therefor, such preliminary plat shall be deemed granted preliminary approval. The certificate of the Clerk of the town as to the date of submission and the failure of the Planning Board to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
Subdivision. Following site development plan approval of two-family dwellings or multiple dwellings, where permitted, the overall site may be subdivided into lots which may be smaller than the minimum lot size specified elsewhere in this chapter, provided that:
[Added 3-9-2009 by L.L. No. 3-2009]
The purpose of such subdivision shall be to facilitate the sale of units on individual lots, to facilitate the development of the site with one or more property owner associations, or to facilitate financing or construction in appropriate phases. The configuration of lots shall be consistent with the intent of the approved site development plan.
The approval of any such subdivision shall not constitute an amendment to or be contrary to the approved site development plan with respect to the physical layout of the site or other aspects of construction. Further, no development within any of the approved lots shall be permitted except as shown on the approved site development plan, as such plan may thereafter be amended.
The subdivision may establish separate lots for each of the units shown on the approved site development plan, or separate lots for clusters of such units, and may establish one or more separate lots encompassing open space or other common facilities shown on the approved site development plan, without regard to otherwise prevailing lot size, yard and coverage requirements, including provision for side yards of zero for townhouse dwellings. However, all such requirements shall apply to the overall site development.
[Amended 5-9-2011 by L.L. No. 3-2011]
Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, preservation, maintenance and operation of all open space, roadways and other common facilities on the overall site. Responsibility for all private common facilities shall be lodged with one or more condominium or property owners’ associations, or similar entities, which shall be empowered to levy assessments against property owners to defray the cost of preservation, maintenance and operation and to acquire liens, where necessary, against property owners for unpaid charges or assessments. The Planning Board may require the establishment of a single “umbrella” entity for the overall site if there are open spaces, roadways or other common facilities that are intended for the shared use of the entire site. If the Planning Board determines that such shared facilities are not significant or that an umbrella entity is not required for proper administration, the Planning Board may instead make appropriate requirements, in the form of easements or otherwise, to ensure proper administration.
Lots containing one or more units shall not be required to have frontage on a public street, provided that appropriate easements and/or access and maintenance agreements are provided, to the satisfaction of the Planning Board attorney, for access between such lots and public streets over common internal roadways and driveways to be constructed in accordance with the approved site development plan.
Appropriate cross easements shall also be provided, to the satisfaction of the Planning Board attorney, to allow the use and enjoyment of common off-street parking spaces (other than those exclusively serving respective dwelling units) and the use and enjoyment of other common facilities in accordance with the approved site development plan.
The Planning Board may consider an application for the subdivision of a site, in accordance with this subsection, concurrently with the application for site development plan approval for the overall site.
For townhouse dwellings, the boundaries between lots may be intended to coincide with common walls separating attached units, resulting in side yards of zero, and it may be desirable to finalize these boundaries after the foundations of the units have been constructed and the actual locations of the units are thereby known. In such cases, the Planning Board may approve a final subdivision plat on which a single lot is shown to encompass an entire building or cluster of attached units, with a notation as to how many such units are to be constructed within such single lot. The Planning Board may treat the subdivision of the single lots, in order to provide separate lots for each unit in the building or cluster, as a subsequent section of the plat and may simultaneously approve a preliminary subdivision plat showing the tentative boundary lines coincident with the common walls of the dwelling units. Upon determination of the actual locations of the foundations of the dwelling units and after any necessary revision of the preliminary subdivision plat, the Planning Board may proceed with the approval of a final subdivision plat showing the final lot lines of the building or cluster.
§ 134-10 Final plat.
Procedure. Within six months of approval of the preliminary plat, the subdivider shall file with the Planning Board an application for approval of the subdivision plat in final form, accompanied by required fees and information.
Agency review. Where review of subdivisions is required by other agencies (e.g., the County Health Department, State Department of Environmental Conservation, State Water Resources Commission, County and State Highway Departments and the County Planning Board), written recommendations of these agencies, subject to modification due to local conditions which may be brought forth at the public hearing, shall be filed by the subdivider with the Planning Board prior to final approval.
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with an approved preliminary plat, the Planning Board shall, by resolution, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Clerk of the Planning Board.
Final plats which are not in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, the following shall apply:
Final plats not in substantial agreement with approved preliminary plats may require further review under the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
The Planning Board shall hold a public hearing on such final plat not later than 62 days after the receipt of the final plat. The hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing.
The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Notwithstanding the foregoing provisions of this section, the period in which the Planning Board must take action on such final plat may be extended by mutual consent of the owner and the Planning Board.
Approval of subdivision plat in sections. The Planning Board may permit the subdivision plat to be divided into two or more sections, subject to such conditions as it deems necessary to assure the orderly development of the subdivision. Any section shall encompass at least 10% of the total number of lots shown on the plat.
Extensions of time. Notwithstanding other provisions of this chapter, the period within which the Planning Board must take action on such final plats may be extended, by mutual consent of the applicant and the Planning Board, a maximum of two times for 90 days each.
§ 134-11 Required improvements and installations procedure.
[Amended 9-14-2009 by L.L. No. 6-2009]
Improvements or performance bond. Where a subdivision entails new streets or other improvements, before the Planning Board Chairman or other authorized person may sign the subdivision plat, the subdivider shall either post a bond or certified check in an amount sufficient to construct the required improvements or shall complete the required improvements. A licensed professional engineer representing the subdivider shall certify, in writing, to the Town Engineer that these required improvements have been completed in accordance with the stipulations of the approved subdivision plat.
When bond or certified check is posted. In an amount determined by the Planning Board, the subdivider shall either file with the Town Clerk a certified check or a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency, manner of execution and surety. A period of one year or for such other period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond with which required improvements must be completed.
When no bond is posted. The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter from a licensed professional engineer representing the subdivider, attesting to the satisfactory completion of all improvements required by the Board.
As-built drawings necessary. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted, indicating the actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2) above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board Officer. If, however, the subdivider elects to provide a bond or certified check for all required improvements as specified above, such bond shall not be released until such map is submitted.
Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of Town Engineer or other authorized person that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
§ 134-12 Filing of approved final plat.
Signing and filing. Upon completion of the requirements specified herein, the subdivision plat shall be signed by the Chairman of the Planning Board or Secretary in the Chairman's absence and shall be filed by the subdivider in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void unless the particular circumstances of said subdivider warrant the Planning Board to grant an extension, which shall not exceed two additional periods of 90 days.
Plat void if revised after approval. No changes, erasures, modification or revisions shall be made in any subdivision plat after approval had been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
§ 134-13 Status of streets, parks and easements.
Offers of cession. In accordance with § 278 of the Town Law, the subdivider may add a notation on the subdivision plat that no offer of streets, parks or easements shown on the plat is made to the public. Failure to make such notation will constitute a continuing offer of cession to the town, which may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent. Formal offers of cession to the public of all streets, parks and easements not marked with such notations on the plat shall be filed with the Planning Board prior to approval of the plat.
Acceptance by town.
Acceptance of any such offer of cession shall rest with the Town Board. In the event that the applicant shall elect not to file the subdivision plat in the office of the County Clerk, such offer of cession shall be deemed to be void.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town Board of any street, park, easement or open space shown on said plat. The Planning Board may require said plat to be endorsed with an appropriate note to this effect.
Maintenance of roads. In those cases where no offer of cession to the public is made for the roads, parks and required easements shown on the plat, there shall be submitted with the plat copies of agreements or other documents providing for and fixing responsibility for their suitable maintenance and statements of all rights which exist with respect to the use of such property or properties. Such documents shall be reviewed by the Town Attorney for legal adequacy and competency.
§ 134-14 Applicability of design standards.
The design standards listed in this Article shall be incorporated in all proposed plans.
§ 134-15 General requirements.
Land shall be suited to the purposes for which it is to be subdivided. In general, the Planning Board shall take the following factors into consideration prior to the approval of any subdivision plan.
Circulation. Streets shall be of sufficient width and suitably located to accommodate the prospective traffic, to provide access for fire-fighting equipment to buildings and to be coordinated so as to compose a convenient system conforming to the town plan and relating properly to the existing street system.
Safety. The tract shall be adequately drained, and all lots shown on the plans shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. Required improvements shall be designed and constructed to conform to specifications established by the Town Board.
§ 134-16 Streets.
General. Streets shall be suitably located and of sufficient width and adequately improved to accommodate prospective traffic and to afford satisfactory access to police, fire-fighting, snow removal or other road maintenance equipment and shall be coordinated so as to compose a convenient system.
Relation to topography. Streets shall be logically related and conform insofar as possible to the original topography. They shall be arranged so as to obtain as many building sites as possible at or above the grade of the street. Grades and curves shall be in conformity with Table 1 in Subsection I below.
Continuation of streets into adjacent property. Streets shall be arranged to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection and efficient provision of utilities and particularly where such continuation is in accordance with the town plan, as it may be adopted. Reserve strips, controlling access to streets, shall be prohibited except where their control is placed with the town under conditions approved by the Planning Board. If adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way and improvements shall be extended to the property line. A temporary circular turnaround, with a traveled way radius of at least 50 feet, shall be provided on any temporary dead-end streets, with the notation on the plat that land outside the normal street right-of-way shall revert to abutting properties.
Treatment of major streets.
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 realty property line or such other treatment as may be necessary for adequate protection of residential properties and afford separation of through and local traffic.
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.
Dead-end streets. Permanent dead-end streets shall not exceed 2,000 feet in length, measured from the intersection with the center line of the connecting public road, 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 shall be retained between the terminus of the road and adjoining property. A circular turnaround with a minimum right-of-way radius of 66 feet and a pavement radius of 50 feet shall be provided at the end of permanent dead-end street.
[Amended 3-8-1999 by L.L. No. 2-1999]
Street names. All streets shall be named and such 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.
Provision for future resubdivision. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged, where possible, to allow the provision of future streets and logical further subdivision.
Streets shall be designed and constructed in accordance with the Code of the Town of Marlborough as established in Chapter of 130 of said Code.
[Amended 2-9-2004 by L.L. No. 6-2003]
§ 134-17 Blocks.
Block dimensions shall be at least twice the minimum lot depth and/or at least 400 feet in length. In long blocks, the Planning Board may require the establishment of easements or public ways through the block to accommodate utilities or pedestrian access.
§ 134-18 Lots.
General. 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 Ordinance[1] or in providing access to buildings on such lots from an approved street. In cases where the Planning Board determines that due to topography, soil type, drainage patterns, easements or any other physical limiting condition is evident, the Planning Board may require lot sizes greater than the minimum called for in the Zoning Ordinance for that district. 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 shall be at right angles to street lines unless a variation from this rule will, in the opinion of the Planning Board, give a better street or lot plan. Lot lines shall coincide with municipal 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.
Driveways. 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 driveway in order to limit possible traffic hazards on such street. Driveways serving individual lots shall have a minimum right-of-way of 25 feet in width and a travel way of at least 15 feet in width.
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 Highway Superintendent.
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. 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 zoning regulations may be satisfied by land under water.
§ 134-19 Reservations and easements.
Parks and open space.
General. In accordance with § 277 of the Town Law, the Planning Board may require either the reservation of land for park or recreational purposes or payment of a fee to a trust fund to be used for purchase and development of recreational sites within the town.
Reservation of land. The Planning Board may require the reservation of land for a park or recreational purposes to be reserved on the plat, but in no case to be more than 10% of the gross area of the subdivision. The location of such reservation shall be in accordance with the Comprehensive Plan or otherwise where the Planning Board shall deem such reservations to be appropriate. In general, such reservations should have an area of not less than two acres.
Payment of fee. Where the Planning Board deems that the reservation of land would be inappropriate, it may waive the requirement of land reservation on the condition that the subdivider deposit a cash payment in lieu of land reservation with the Town Clerk. Such payment shall be placed in a trust fund to be used exclusively for the purchase and development of neighborhood site for parks, playgrounds or other recreational purposes. Final approval is contingent on payment of this fee.
Subdivisions of a clustered design in which 75% of the development site will be perpetuated as open space by a homeowners’ association shall be exempt from the requirements of this section.
[Added 9-14-2009 by L.L. No. 6-2009]
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 Comprehensive Plan or where the Planning Board deems such reservations 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 line 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.
Responsibility for ownership of reservations. Title to all reservations, if vested in interests other than the subdivider, shall be clearly indicated on the plat.
§ 134-20 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 at 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 at all lot corners.
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 their planning and installation.
Storm drainage facilities. Storm drainage facilities shall provide a clear and protected channel fully adequate to handle runoff from a ten-year storm and designed so that heavy runoffs which exceed the capacity of the channels can be handled with the least possible damage to improvements and structures.
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.
§ 134-21 Sketch plat.
Number of copies. At least seven copies of the sketch plat shall be delivered to the Planning Board.
Details required.
The sketch shall be at a convenient scale of no more than 100 feet to the inch, shall be submitted on uniform size sheets not larger than thirty-six by forty-eight (36 x 48) inches and shall contain the date of preparation, approximate true North point, title "Sketch Plat" and a graphic scale. Where more than one sheet is required, a scaled map showing the entire subdivision on one sheet shall be prepared.
The name and address of the owner or owners of the land to be subdivided, the name and address of the subdivider, if other than the owner, the name of the land surveyor or licensed professional engineer, if any, who proposed the sketch plat, the proposed name of the subdivision, the Town of Marlborough and Ulster County.
A map of the location of the tract with respect to surrounding properties and major roads, such map to be at a scale of 2,000 feet to the inch. It shall identify all property in the vicinity of the subdivision held by the subdivider.
All existing restrictions on the use of land, if any, including easements, covenants, zoning lines or street lines.
Significant natural features, such as but not limited to watercourses, wetlands, steep slopes, rock outcroppings and unusual flora and fauna.
§ 134-22 Preliminary plat.
Number of copies. At least seven copies shall be delivered to the Planning Board.
Details required. The preliminary plat shall show or be accompanied by the following information, except where requirements have been waived through sketch plat review:
All data required as in § 134-21B, except that drawings shall be clearly labeled "Preliminary Plat."
The location, bearings and distances of the tract's boundaries, prepared by a licensed surveyor, including seal and number.
Contours shall be indicated at intervals of two feet for slopes in excess of 10%.
The names of all adjoining property owners of record and the names of adjacent developments.
The location and dimensions of all public properties, street lines, easements, zoning boundaries or restrictions on the property.
Location of existing and proposed sewers and water drains, including pipe size and type, grades, direction of flow and ownership. Calculations shall be provided when, in the opinion of the Town Engineer, these are necessary for review.
The location, width and approximate grade of all proposed streets, with the approximate elevations shown at the beginning and end of each street, at street intersection and at all points where there is a decided change in slope or direction.
The area of all land included in the subdivision and the approximate location, dimensions and area of all proposed or existing lots and land to be set aside for recreation and public purposes.
Proposed provision of water supply, fire protection, sanitary waste disposal, stormwater drainage, wooded areas and easements.
The location of all existing structures, such as buildings and stone walls, and all pertinent natural features that influence the design of the subdivision, such as watercourses and swamps.
The location, dimensions and status of all covenants, deed restrictions or easements proposed by the applicants.
Certification by subdivider's engineer that all improvements comply with requirements of the agencies having jurisdiction and will adequately meet the needs of the subdivisions.
Where applicable due to proximity to or location in an agricultural district, an agricultural data statement.
§ 134-23 Final subdivision plat.
General specifications. All subdivision plats shall be clearly drawn on linen with black, waterproof ink or, if originally drawn on paper using pencil, be reproduced by the applicant on a transparent, stable material suitable for reproduction, such as Mylar or Cronaflex. Such plat shall be at a convenient scale of no more than 100 feet to the inch and shall be submitted on uniform sheets not larger than thirty-six by forty-eight (36 x 48) inches. Where more than one sheet is required, a scaled map showing the entire subdivision on one sheet shall be submitted.
Copies required. The subdivider shall submit to the Planning Board two transparencies and three prints of the final subdivision plat. One transparency, which will be filed with the County Clerk, shall be as required in Subsection A above; the other, for the records of the Planning Board, may be a sepia copy.
Details required.
Subdivision with four lots or fewer. For those subdivisions with four lots or fewer and meeting the other criteria in § 134-8B which permit the waiving of certain requirements of information:
Name of subdivision, address and signature of the owner and subdivider, seal and number of the licensed professional engineer or land surveyor who prepared the plat and the names Town of Marlborough and Ulster County.
An insert map of the location of the tract with respect to surrounding properties, roads and schools, at a scale of 2,000 feet to the inch.
Date of preparation, graphic scale, approximate true North point, bearings and distances of tract's boundaries.
The names of all adjoining property owners of record shall be indicated on the plat.
The location and dimensions of all public properties, streets, easements, building lines or restrictions on the tract.
The location of existing and proposed sewers, water mains, culverts and storm drains, including pipe size and type, grades, direction of flow and ownership.
Subdivisions with more than four lots:
Name of subdivision, name, address and signature of the owner and subdivider, seal and number of the licensed professional engineer or land surveyor who prepared the plat and the names Town of Marlborough and Ulster County.
A map of the location of the tract with respect to surrounding properties, roads and schools, at a scale of 2,000 feet to the inch.
Date of preparation, graphic scale, approximate true North point, bearings and distances of the tract's boundaries.
The names of all adjoining property owners of record shall be indicated on the plat. Stamped envelopes, addressed to each of the owners of record of property abutting or across the street from the tract, shall be submitted to the Planning Board.
The location and dimensions of all public properties, streets, easements, buildings lines or restrictions on the tract.
The location of existing and proposed sewers, water mains, culverts and storm drains, including pipe size and type, grades, direction of flow and ownership.
The location, width, grade and names of all proposed streets, with elevations shown at the beginning and end of each street, at street intersections and at all points where there is a decided change in slope or direction shown on the plat.
Statement from subdivider's engineer, giving estimated cost of construction of roads and other improvements to meet the requirements of this chapter.
Radii of all curves and lengths of arcs.
Profiles showing existing and proposed elevations along the center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets within 100 feet of the intersection shall be shown.
Plans and profiles showing the location and a typical cross section of street pavements, including curbs and gutters, sidewalks, manholes and catch basins; the location, size and invert elevation of existing and proposed sanitary sewers, stormwater drains and fire hydrants; and the exact location and size of all water, gas or other underground utilities or structures.
The area of the land included in the subdivision and the location, dimensions and area (in square feet) of all existing or proposed lots and land to be set aside for recreation or public purposes. All lots shall be numbered for identification.
The location of all existing water bodies, swamps or streams that will be retained or relocated or intended to be developed. Existing buildings to be retained or removed shall be so identified.
Sufficient data, acceptable to the Town Engineer, to readily determine the location, bearings and length of all lines and to reproduce such lines on the grounds.
The location of existing and proposed monuments and markers.
Offers of cession, in a form satisfactory to the Town Board, of all land offered or to be offered for dedication for streets, highways, easements, parks or other public facilities.
Proposed covenants, deed restrictions and easements proposed by the applicant.
The following notations shall be shown on the plat:
Explanation of drainage easements as follows:
"The drainage easements (or the drainage discharge points) shown hereon establish the perpetual right to discharge stormwater runoff from the highway and from the surrounding area onto and over the affected premises by means of pipes, culverts or ditches, or a combination thereof, together with the right of the holder of fee title to the highway or his authorized representatives to enter said premises for purposes of making such installations and doing such maintenance work as said holder of fee title may deem necessary to adequately drain the highway and surrounding area." |
Explanation of sight easements as follows:
"The sight easements shown hereon establish the perpetual right of the holder of fee title of the highway or his authorized representatives to clear, regrade and maintain the area within these easements at such elevation that there is a clear line of sight anywhere across the area between an observer's eye at an elevation of 3.5 feet above the road surface at the newest edge of the road and an object one foot above the nearest edge of pavement on the intersecting road." |
Explanation of reservations as follows:
"Reserved for highway purposes (or recreation purposes or other approved purpose)." |
Endorsement of owner as follows:
"I hereby grant my approval to this plat and consent to the filing of it in the office of the County Clerk." | ||||
Owner | Date | |||
§ 134-24 Waiver of requirements; variances.
Waiver of requirements. The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements or improvements are found requisite in the interest of the public health, safety and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
Conditions. In granting such waivers, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standard or requirements so waived.
Area variance. Notwithstanding any provision of the law to the contrary, when a plat contains one or more lots which do not comply with the minimum Zoning Ordinance regulations,[1] application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation.
§ 134-25 Reconsideration.
Any subdivider aggrieved by a finding, decision or recommendation of the Planning Board may request opportunity to appeal before the Board, present additional relevant information and request consideration of the original finding, decision or recommendation.
§ 134-26 Application procedure.
Application to be submitted in writing. Applications for modification and variances shall be submitted in writing by the subdivider at the time the preliminary plat is filed with the Board. The application shall state fully the grounds and all the facts relied upon by the applicant.
Time of submission. Applications for consideration shall be submitted, in writing, by the subdivider not less than 10 days in advance of the meeting at which reconsideration is desired.
§ 134-27 Recording; date to be affixed to subdivision plat.
In granting a modification or variance, the Board shall record its actions and the grounds for granting the modification or variance in its minutes. A statement showing the date that such modification or variance was granted shall be affixed to the subdivision plat.
§ 134-28 Fees.
This section authorizes the Town Board to amend and adjust by resolution at their annual reorganization meeting the fees levied to meet the rising costs of administration and enforcement. Fees required by this Article shall be in accordance with the schedule of fees established by the Town Board or as hereinafter amended.
Subdivision application fees shall be paid to the Town Clerk.
Road improvement fees.
All road improvements fees are maintained in a Highway Improvement Trust Fund reserved for upgrading of town roadways to minimum standards and specifications of Chapter 130 of the Town of Marlborough Code.
Where improvements are performed or property dedicated by the developer pursuant to a permit of the Highway Superintendent on the public road providing access, the value of the improvement or land dedicated shall be deducted from the road improvements fee in the amount not to exceed 60% of the required fee. The value of the improvements or land dedicated shall be determined by presentations of certified contract receipts for improvements or, in the case of land dedicated, two independent appraisals.
Fire services fee. After examination of the Comprehensive Plan for the Town of Marlborough by the Town Board, it has been determined that development in the town will require additional public fire-fighting facilities to adequately protect the health and safety of future residents of the town.
The Planning Board is hereby authorized by the Town Board, pursuant to § 277 of the Town Law, to condition subdivision approval:
In the case of highway development, industrial or commercial, upon the developer's contribution toward the cost of needed fire-protection equipment and/or facilities directly due to the development proposed; or
Upon contribution to a Fire Services Trust Fund based upon a fee per lot or dwelling unit as established by the Town Board. The Fire Services Trust Fund will be established for each fire district in the town with the contribution being made based upon the location of the lands in which the subdivision or development lies or any portion thereof.
Distribution of funds will be made upon application by the Board of Fire Commissioners to the Town Supervisor for a specific capital improvement, purchase of land, building or equipment. Said distribution will be made by passage of a resolution by the Town Board and payment made upon receipt of proper application.
Water and sewer impact fees. For subdivisions, lots or multifamily construction within the water or sewer districts upon the receipt of final approval for site plan review or subdivision, the applicant shall pay to the Town Clerk a fee as established by the Town Board. All fees will be deposited into a capital improvement trust fund and will be appropriated to upgrade and improve the district.
§ 134-29 Inspection fee.
As specified in § 134-11C of this chapter, the inspection fee shall be in the amount of 5% of the cost of required improvements as approved by the Town Engineer. Such payment shall be made to the Town Clerk at least five days prior to commencing construction.
§ 134-30 Recreation fee.
As specified in § 134-19A(3) of this chapter, a recreation fee may be required. Payment shall be made to the Town Clerk, and receipt for said fee shall be stamped on the original final subdivision plat or site plan prior to the final signature by the Planning Board Chairman.
§ 134-31 Authority of Planning Board.
The Planning Board may from time to time, on its own notion, on petition or on recommendation of the Town Board, amend, supplement or repeal the regulations and provisions of this chapter, after public notice and hearing.
§ 134-32 Approval of Town Board required.
Every such proposed amendment or change, when adopted by resolution of the Planning Board, shall be referred to the Town Board for approval.
§ 134-33 Public notice and hearing.
The Planning Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:
Public notice. By publishing a notice at least 10 days in advance of such hearing in at least one newspaper of general circulation in the Town of Marlborough; such notice shall state the date, time and place of such hearing and the general nature of the proposed amendments in such reasonable detail as will give adequate notice of its contents and shall name the place or places where copies of the proposed amendment may be examined.
Opportunity to be heard at hearing. At the public hearing, full opportunity to be heard shall be given to any resident of the town and all parties in interest.