The following improvements are necessary to
assure that all lots in subdivisions are adequately served with utilities,
are accessible to pedestrians and to vehicles, are safeguarded against
physical dangers, such as flooding and erosion, and have sanitation
features, which provide a healthy and safe environment. Improvements
are required to preserve the natural features of the land and to make
the subdivision an attractive and desirable place to live.
A.
The subdivision shall be designed with consideration
being given to the preservation of natural features. Precautions shall
be taken to protect existing trees and shrubbery during the process
of grading the lots and roads. The developer shall not remove any
trees over six inches DBH from the site without Town Board approval.
In the event any trees over six inches DBH are removed from a site,
the developer shall replace each tree at a ratio of two to one.
B.
Where a subdivision is traversed by natural surface
water, the boundaries and alignment of the body of water shall be
preserved unless the Town Board finds that a change would be ecologically
sound and would enhance the development and beauty of the project.
All proposed changes in the boundaries of bodies of water shall be
referred to the New York State Department of Environmental Conservation,
the United States of America Army Corps of Engineers, or the Erie
County Soil and Water Conservation District for review and recommendations
and be designed and approved in accordance with Article 15 of the
New York State Environmental Conservation Law.
C.
The subdivider shall preserve unique physical features,
such as historic landmarks and sites, rock outcroppings, hilltop lookouts,
desirable natural contours, stands of trees and similar natural features.
A.
The location and width of all proposed streets shall
be in conformity with the existing or amended plans of the Town.
B.
The proposed street layout shall be coordinated with
the street system of the surrounding area. Existing principal streets
shall be extended and the names of such streets continued.
C.
When the body with final approval authority, either
the Town Board or Planning Board, can provide for street access to
an adjoining property, proposed streets shall be extended by dedication
to the boundary of such property, and a temporary turnaround shall
be provided.
[Amended 12-1-2010 by L.L. No. 4-2010]
D.
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.
E.
Double-frontage lots shall be prohibited unless access
to the property from one of the affronting roadways is restricted
in perpetuity. No usable property shall become landlocked.
F.
Proposed streets that are obviously in alignment with
others existing and named shall bear the assigned name of the existing
streets. In no case shall the name for proposed streets duplicate
or be phonetically similar to existing street names, irrespective
of the use of the suffix "street," "avenue," "boulevard," "drive,"
"place," "court," etc.
G.
In order to preserve the existing public view, the
minimum setback for lots from the existing public road frontage shall
be determined by the body with final approval authority, either the
Town Board or Planning Board, based upon natural features of the land
proposed for development, the ultimate density of the proposed development
and the location of existing uses along the public road. At a minimum,
a setback of 200 feet shall be required from any existing public road
right-of-way and the first lot proposed within a new subdivision involving
public road dedication.
[Amended 12-1-2010 by L.L. No. 4-2010]
H.
In calculating the overall density of a proposed development, lands that are deemed not developable due to natural constraints shall not be included in the overall density calculation of the development. This section shall not apply to subdivisions utilizing open space design techniques as described in the Zoning Law (Chapter 229 of the Code of the Town of Clarence).
[Amended 12-1-2010 by L.L. No. 4-2010]
The size, shape and orientation of nonresidential
lots shall be such as the body with final approval authority, either
the Town Board or Planning Board, deems appropriate or as stated herein
for the type of development and use contemplated. Residential lots
shall comply with the following requirements:
B.
Side lot lines shall be substantially at right angles
or radial to street lines.
C.
All lots shall abut their full frontage on a publicly
dedicated street or a street that has received the legal status as
such or on an approved private road as approved by the Town Board
in an open space design development or open development area.
D.
Lots in a floodway or floodplain or within 100 feet
of a designated wetland, whether incorporated as a part of the subdivision
or not, are subject to the following provisions:
(2)
Article 24 of the New York State Environmental Conservation
Law.
(3)
Wetlands falling under federal jurisdiction will be
subject to a site-specific buffer zone, the width of which is to be
as designated by the Town Board, unless appropriate fill permits are
obtained from the United States Army Corps of Engineers. Under no
other circumstances shall the Town approve any project or issue permits
for a project that includes plans to build a structure or place fill
within the designated buffer zone.
E.
A lot of less than 300 feet frontage fronting on a
county or state highway shall be designed so as to share a common
curb cut with an adjacent lot if either adjacent lot has not been
previously granted a curb cut permit. When more than three lots are
proposed to be subdivided from a parcel with frontage on a county
or state highway, access for all such lots shall be on internal streets,
not on a county or state highway. Each lot permitted to front on a
county or state highway shall provide for an approved on-site turnaround
so as to obviate the necessity of any vehicle from backing onto such
highway.
F.
Any such common curb cut and/or common driveway shall
be subject to reciprocal easements and suitable maintenance agreements
which shall be noted by reference on the subdivision plat, reviewed
and approved by the body with final approval authority, either the
Town Board or Planning Board, and recorded in the Erie County Clerk's
office. Any such common driveway shall be further subject to criteria
that may be promulgated by the Town Board for the design, construction
and approval of common driveways.
G.
Access from private streets. Access from privately
owned and maintained streets, as may be specifically authorized by
the body with final approval authority, either the Town Board or Planning
Board, in accordance with § 280-a of the Town Law, shall
be deemed acceptable only if such streets are designed and improved
in accordance with this section and means satisfactory to the said
body are provided for the long-term ownership and maintenance of said
privately owned and maintained streets. The subdividing of land shall
be such as to provide each lot with satisfactory access for routine
and emergency purposes from the community's system of public streets
and roadways.
Utility and other easements shall be provided
as follows:
A.
Utility easements. An easement shall be provided for
all utility lines wherever those utility lines do not fall within
a dedicated right-of-way. All utility easements shall be plotted on
both the preliminary and final subdivision plat. The developer must
identify all easements in deeds for each lot affected. Utility easements
shall have a minimum width of 15 feet. All utility lines that are
primarily intended to provide service to the lots within the subdivision
shall be installed underground at a depth and at such locations as
will minimize risk of interruption of services.
B.
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 with the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
C.
Lakes, ponds, creeks and similar areas may be accepted
for maintenance by the Town only if sufficient land is dedicated as
a public recreation area or park. Such areas must be approved by the
Town Board before approval of the final plat. Where such area constitutes
a necessary part of the drainage control system, such area must be
approved by the Town Engineer.
D.
Drainage easements. Drainage easements shall be provided
for all natural and man-made drainageways that do not fall within
a dedicated right-of-way. All drainage easements shall be plotted
on the preliminary and final plats. The Town shall be provided with
a metes and bounds description of all proposed easements prior to
final plat approval. These descriptions will be used by the Town Engineer
in creating or extending special districts.
E.
The body with final approval authority, either the
Town Board or Planning Board, reserves the right to require additional
cross-access easements when the purposes of the easements are found
to be in the public interest.
[Amended 12-1-2010 by L.L. No. 4-2010]
[Amended 12-1-2010 by L.L. No. 4-2010]
When residential districts directly abut major
arterials and/or commercial and industrial development or other areas
as determined by the body with final approval authority, either Town
Board or Planning Board, a buffer strip consisting of at least 45
feet shall be provided along the line where such land uses abut. For
purposes of title, these buffer strips shall be part of the platted
lots but shall have the following restriction set forth on the final
plat: "This buffer strip is reserved for the planting of trees or
shrubs by the owner or the preservation of natural features; the building
of structures and other impervious surfaces hereon is prohibited."
No rear yard drainage or utility easements shall be placed in this
buffer area unless approval of the Town Board is otherwise granted.
A.
These improvements are required to assure that the
property is adequately served by water, sewer and drainage systems
and by electric power and other fuel-distribution systems. To assure
that these systems are properly installed and easily repaired, inspection
of the installation of these improvements is required.
(1)
Water distribution.
(a)
Water distribution: a system of transmitting
potable water to the subdivision and appurtenances in adequate amounts
for the normal use of each lot in the proposed subdivision.
(b)
The public water supply system in the Town of
Clarence is owned and operated by the Erie County Water Authority.
Any extension of or service from the public water system is subject
to the rules and regulations and approval of the Erie County Water
Authority and the New York State Department of Health.
(2)
Sanitary sewer systems. Sanitary sewage is the combination
of human and household wastes with water. These sewer systems are
used to dispose of sanitary sewage from individual lots in a subdivision.
Two types of sanitary sewer systems are permitted: public sanitary
sewer systems and individual sewage disposal systems. All public and
selected individual sanitary sewer systems must be approved by the
New York State Department of Environmental Conservation and/or the
New York State Department of Health, whichever is applicable.
(a)
Public sanitary sewers shall be provided whenever
existing sanitary sewers are reasonably accessible as identified in
the adopted Master Sewer Plan and available capacity exists to support
the proposed subdivision. These systems also must conform to the Manual
of Standards/Design and Construction Standards for Land Development
of the Town of Clarence.
(b)
Individual sewage disposal systems are on-lot
systems, which means that the sewage is disposed of on the lot. Individual
sewage disposal systems shall not be used in any development that
has more than four lots of less than five acres in size.
(3)
Drainage systems. These are a combination of natural
watercourses and man-made facilities intended to convey stormwater
runoff and shall conform to the design and construction standards
for land development in the Town of Clarence.
(a)
Adequate and comprehensive drainage systems
shall be provided in accordance with the natural direction of runoff
for the total upland watershed area affecting the subdivision. Such
drainage systems shall have sufficient capacity to accommodate the
potential future runoff based upon the probable land use and ultimate
development of the total watershed area upland of the subdivision.
(b)
The preservation of natural watercourses is
preferable to the construction of drainage channels, and such watercourses
should be preserved and utilized.
(c)
When storm drain connections to storm sewers
are not possible, all storm drainage shall be piped underground so
as to take all runoff away from the building, parking and walk areas
and discharge to the nearest swale or detention facility.
(d)
Cable television. It shall be the developer's
responsibility to coordinate the installation of the cable television
wire with the cable television provider and the lead utility company.
B.
The installation of improvements shall be subject
to inspection at all stages by representatives of the Town of Clarence.
For this purpose, free and unrestricted access shall be afforded and
requested information shall be promptly submitted. The cost of such
inspections shall be approved by the Town Engineer and included in
the value of the surety submitted for the project.
These improvements are required to ensure that
the ecology of the subdivision is not disturbed adversely, that the
subdivision presents an attractive appearance, that is properly paved
and monumented, and that all improvements are recorded on the final
plat for approval by the Town of Clarence.
A.
Erosion control. The subdivider shall preserve unique
physical features, such as historic landmarks and sites, rock outcroppings,
hilltop lookouts, stands of trees, desirable natural contours and
similar natural features in designing a project.
(1)
Erosion and sedimentation control shall conform to
local and regulatory agency requirements.
[Amended 12-1-2010 by L.L. No. 4-2010]
(2)
During the development process, the developer shall
expose the smallest practical area of land at any one time. Proper
erosion control measures shall be in place prior to any area being
disturbed. Examples of normal erosion control are straw baling, silt
dams made of synthetic materials and siltation collection depressions.
B.
Topsoil.
(1)
Topsoil moved during the course of construction should
be stored in such a manner as to allow for minimum volume to be stacked
or stored at any one time. The stacking or storage period should be
kept as short as possible.
(2)
Storage and redistribution of topsoil should be consistent
with the phasing of construction for the purpose of reducing the need
for the storage of large volumes of topsoil. Topsoil shall be redistributed
so as to cover all areas of the subdivision adequately to a minimum
depth of eight inches for each lot and shall be stabilized by seeding
or planting. Topsoil piles shall be stabilized by seeding. Permanent
removal of topsoil from areas of proposed road and utility construction
requires prior permission of the Town Board as part of the permit
required by this chapter. Prior to said removal authorization, the
applicant shall demonstrate that sufficient topsoil will remain. A
minimum of eight inches of topsoil must remain for portions of the
site not covered by structures, sidewalks, parking areas, roadways
or driveways.
(3)
Temporary vegetation and/or mulching should be provided
to prevent potential erosion problems during construction.
(4)
Upon completion of the project, the subdivider shall
not be permitted to leave any hills or mounds of dirt around the tract.
All surfaces should be restored within six months of the time of the
completion of the section of the subdivision.
(5)
Upon completion of the project, the subdivider shall
not be permitted to leave any surface depressions that will collect
pools of water, except as may be required for retention of stormwater
runoff.
(6)
All fill introduced to the project site to meet grading
requirements as approved by the Town Engineer shall be preapproved
as to quality and source.
C.
Landscaping. Landscaping is the improvement of land
by contouring and decorative planting, which includes vegetative ground
cover.
(1)
All lots which are disturbed during the course of
construction and which are not covered by structures or paving shall
have a minimum vegetative ground cover to prevent erosion.
(2)
Additional landscaping may be recommended by the Planning
Board to screen or buffer the subdivision from a visually noncompatible
use.
D.
Fill. To achieve required grades within the subdivision,
any fill introduced to the property must have written verification
as to the source of the fill, and such fill must be approved by the
Town Engineer. Designs should be developed so as to discourage the
introduction of fill to a property so as to utilize the natural setting
of the property and to encourage the preservation of mature vegetation.
E.
Street signs. Permanent street signs of the same type
and design in general use throughout the Town, showing the names of
intersecting streets, shall be erected at each intersection.
F.
Monuments. Permanent reference monuments shall be
set at critical corners and angle points of the boundaries within
the subdivision. Generally, critical corners and angle points shall
be deemed to mean boundary corners and angle points in the boundaries
of the parcel being subdivided and in street right-of-way boundaries
at all street intersections. Variations to this general rule shall
be permitted with Town Board approval. Requests for deviations shall
be made prior to preliminary plat approval. Agreements on monumentation
shall be incorporated into the subdivision plan of the final plat.
G.
Accessways. All roads and streets shall be constructed
in conformance with the Manual of Standards/Design and Construction
Standards for Land Development in the Town of Clarence.
H.
Planting. Adequate tree planting shall be completed.
Street trees shall be approximately 35 feet apart. Tentative tree
species will be indicated on the preliminary plat. Trees shall not
be less than 2 1/2 inches DBH at the time of planting. They may
be planted on either side of the sidewalk, unless the planting strip
is less than eight feet, in which case they should be planted in the
lawn area. Trees must be adequately supported by guy wires until firmly
rooted. All tree planting/landscape plans shall be reviewed and approved
by the Town Highway Superintendent and the Town Landscape Review Committee.
Driveway grades between the street pavement
and the minimum building setback line shall not exceed 10%, with a
suitable negative grade provided within 20 feet of the intersecting
street pavement. The remainder of the driveway shall be designed and
built to afford suitable access to the building site in accordance
with the provisions of the New York State Uniform Fire Prevention
and Building Code and to prevent adverse impacts from either stormwater
drainage or erosion on the public street or roadway.
A.
General objectives. Streets shall be of sufficient
width, suitably located and adequately constructed to accommodate
the prospective traffic and normal road maintenance equipment. Street
systems shall promote connectivity. The arrangement of streets shall
be coordinated such that the streets compose a convenient system,
cause no undue hardship to adjoining properties and render no property
inaccessible from an existing street or from a proposed street in
a subdivision for which a completion bond or similar performance guaranty
has been posted.
B.
Requirements.
(1)
Right-of-way widths shall be as follows:
|
Type of Street
|
Minimum right-of-Way Width
(feet)
| |
|---|---|---|
|
Arterial
|
1001
| |
|
Collector
|
801
| |
|
Local or minor street
|
601
| |
|
Alley
|
361
|
|
NOTE:
1Or as determined
after consultation with the Erie County Department of Public Works,
the Planning Board, the State Department of Transportation, or the
agency with jurisdiction over the road it contacts.
|
(2)
Pavement widths curb to curb shall be not less than
the following:
|
Type of Street
|
Pavement Width
(feet)
| |
|---|---|---|
|
Arterial
|
501
| |
|
Collector
|
361
| |
|
Local or minor street
|
281
| |
|
Alley
|
201
|
|
NOTE:
1Or as determined
after consultation with the Erie County Department of Public Works,
the Planning Board, the State Department of Transportation, or the
agency with jurisdiction over the road it contacts.
|
(3)
Street grades:
(a)
Street grades may be not more than 7% nor less
than 0.4 of 1% (or as determined after consultation with the Town
or Erie County Department of Public Works, the Town Board or the State
Department of Transportation, when applicable).
(b)
Grades approaching intersections may not exceed
4% for a distance of not less than 100 feet from the center line of
said intersection where possible (or as determined after consultation
with the Town Highway Department, the Erie County Department of Public
Works, the Town Board or the New York State Department of Transportation,
when applicable).
(5)
All vertical curves shall have such length as necessary
to provide safe sight distances as specified by the American Association
of State Highway Officials.
(6)
Except for minor streets and alleys, there shall be
a tangent of at least 100 feet between reverse curves.
(7)
Street intersections shall be laid out as follows:
(a)
Streets shall intersect as nearly as possible
at right angles, and no street shall intersect at less than 75°.
Intersections with principal arterial streets shall be at least 1,300
feet apart measured from center line to center line.
(b)
Proper sight lines shall be provided and maintained
at all intersections of streets. Measured along the center line, three
feet above the pavement, there shall be a clear sight distance triangle
of 200 feet on major arterials, 100 feet on collector streets and
75 feet on local or minor streets, measured from a point of the center-line
intersection of the streets.
(c)
A center-line offset minimum of 125 feet shall
be provided at street jogs.
(d)
Multiple intersections involving the junction
of more than two streets shall be avoided whenever possible, but where
they are unavoidable, such intersections shall be designed with extreme
care for both vehicular and pedestrian safety.
(8)
Cul-de-sac streets shall not be created to provide
access to residential lots except in situations where, in the view
of the body with final approval authority, either the Town Board or
Planning Board, a through street cannot reasonably be provided due
to the physical characteristics of the subdivision parcel and adjoining
properties. Where a cul-de-sac street is authorized, either as a permanent
dead-end street or as a temporary dead-end street pending completion
of a through road network, not more than 12 single-family residential
lots may gain access from either the initial development or extension
of such cul-de-sac street.
[Amended 12-1-2010 by L.L. No. 4-2010]
(a)
A cul-de-sac shall be restricted to a maximum
of a 7% grade in all zoning districts and to a length of 1,500 feet.
(b)
A turnaround with a right-of-way radius of at
least 60 feet and a pavement radius of at least 50 feet shall be provided
at the end of any cul-de-sac or permanent dead-end street. The cul-de-sac
street shall otherwise be governed by all stated requirements of the
Town Street and Highway Specifications.
(9)
The dedication of stub streets at the perimeter of
a new subdivision is prohibited. Where there exists a stub street
in an adjoining subdivision, the remaining half shall be provided
by the proposed development.
(10)
A temporary turnaround, 50 feet in radius, shall
be required where the logical extension of a subdivision street is
terminated and the street is two or more lots deep. A T-type turnaround
may be used with the approval of the Highway Superintendent and the
Planning Board.
(11)
Minimum design standards. Streets and related
improvements shall be laid out and constructed in accordance with
the minimum design standards prescribed in the Town Street and Highway
Specifications of the Town of Clarence, as adopted by the Town Board
and incorporated by reference in this chapter.[1]
[1]
Editor's Note: Said specifications are on
file in the Town offices.
(12)
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.
(13)
Adequate plan consideration and provision for
pedestrians and/or bicyclists shall be made, accommodating safe and
convenient circulation within the subdivision and between the subdivision
and surrounding areas of interest (parks, schools, commercial activity,
etc.). Design elements shall include walks, paths, or other linkages
along roads, property lines or other common areas within the boundaries
of the subdivision, as acceptable to the body with final approval
authority, either the Town Board or Planning Board. Pedestrian accessway
requirements may be waived by the Town Board at its discretion.
[Amended 12-1-2010 by L.L. No. 4-2010]
A.
Block lengths shall not exceed 1,500 feet.
B.
Blocks shall have a sufficient width to allow two
tiers of lots of minimum depth. Blocks may consist of single-tier
lots where such are required to separate residential developments
from through vehicular traffic or nonresidential uses.
C.
Commercial areas shall comply with Chapter 229, Zoning, of the Code of the Town of Clarence. The block layout shall conform, with due consideration of site conditions, to the best possible layout to serve the buying public, to permit good traffic circulation and the parking of cars, to make delivery and pickup efficient and to reinforce the best design of the units in the commercial area.
A.
The body with final approval authority, either Town
Board or Planning Board, shall require that a minimum of 12% of the
total usable land area within a major subdivision be set aside and
shown on the plat for active and passive recreation purposes, including
trails and other linkages between neighborhoods. All lands designated
on the plat as park or open space must be deemed suitable for this
purpose by the said body based upon overall consistency with the adopted
comprehensive plan and a site-specific analysis of the land’s
topographic, geologic, hydrologic and location characteristics.
[Amended 12-1-2010 by L.L. No. 4-2010]
B.
The authority granted herein shall not preclude the
body with final approval authority, either Town Board or Planning
Board, from requiring that a given project meet the open space requirements
of the Town Code.
[Amended 12-1-2010 by L.L. No. 4-2010]
C.
Land for park, playground or other recreational purposes
may not be required until the body with final approval authority,
either the Town Board or Planning Board, has made a finding that a
proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Town. Such findings shall include an evaluation of the present and
anticipated future needs for park and recreational facilities in the
Town based on projected population growth to which the particular
subdivision will contribute.
[Amended 12-1-2010 by L.L. No. 4-2010]
D.
All subdivisions shall comply with the comprehensive
Master Plan as adopted by the Town Board of the Town of Clarence.
Minor residential subdivisions will not require an open space set
aside. A minimum of 12% of the overall developable property will be
required for open space preservation. Per the Zoning Law, a minimum
of 25% open space will be required for incentive lots and a minimum
of 50% open space will be required for an open space design development
overlay. The following table illustrates this requirement:
|
Subdivision Type
|
Minimum Open Space Requirement
(% of gross acreage)
| |
|---|---|---|
|
Minor subdivision
|
0%
| |
|
Major subdivision
|
12%
| |
|
Major incentive subdivision
|
25%
| |
|
Open space design development
|
50%
|
E.
Subject to the approval of the body with final approval
authority, either the Town Board or Planning Board, the open space
set aside must be addressed by:
[Amended 12-1-2010 by L.L. No. 4-2010]
F.
The body with final approval authority, either the
Town Board or Planning Board, may establish such conditions on the
subdivision concerning access, use and maintenance of such park and
open space lands as deemed necessary to ensure the preservation of
the lands, in perpetuity, for their intended purposes. Such conditions
shall be clearly noted by the licensed land surveyor and/or professional
engineer on the plat prior to final plat approval and subsequent recording
of the plat in the office of the Erie County Clerk.
[Amended 12-1-2010 by L.L. No. 4-2010]
G.
Information to be submitted. In the event that an
area to be used for park or open space is required, the subdivider
shall submit, prior to final plat approval, to the body with final
approval authority, either the Town Board or Planning Board, drawings
at a scale of not less than 20 feet to the inch of such area and the
following features thereof:
[Amended 12-1-2010 by L.L. No. 4-2010]
(1)
The boundaries of said area, giving lengths and bearings
of all straight lines, and radii, lengths, central angles and tangent
distances of all curves.
(2)
Existing features, such as streams, ponds, clusters
of trees, rock outcrops and structures, existing or proposed. A tree
survey shall be submitted for all trees over six inches measured at
DBH.
(3)
Existing and, if applicable, proposed changes in the
grade and contours of said area and of the area immediately adjacent
for a distance of not less than 100 feet, with such contours to be
at an interval of not more than two feet.
(4)
Plans for improvements of said area, not limited to
grading, seeding, fencing, landscaping, the provision of play and
related equipment, and the address of conditions relating to the protection
of the public health and safety.
H.
Payment in lieu of dedication. In cases where the body with final approval authority, either Town Board or Planning Board, has made a determination that the proposed subdivision presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that, because of the size, topography or location of the subdivision or because of the area of the individual lots provided within the subdivision or of the proposed open space, the requirement for land dedication or reservation for parks and other open space purposes would be deemed unreasonable or undesirable by said body, then said body shall alternatively require, under § 277 of the Town Law, that a payment be made into a special recreation fund for Town recreation site acquisition and/or improvement in lieu of such land dedication or reservation within the subdivision. Such payment shall be a condition of approval of the final plat and shall be assessed on a per-lot or per-dwelling-unit basis in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. This fee shall be equivalent to 12% of the assessed value of such land proposed for development to reflect the minimum recreational requirements as identified in § 193-29, above, for the proposed subdivision. This fee shall not apply to any proposed lot presently developed with a residential structure and legally occupied within the past 12 months for residential purposes.
[Amended 12-1-2010 by L.L. No. 4-2010]
A.
Adequate provision shall be made for the convenient
and safe movement of pedestrians and bicyclists in a subdivision for
residential, institutional or commercial purposes throughout the Town
of Clarence. All streets designated as through roads shall have an
improved pedestrian path, sidewalk, or bikeway provided on at least
one side of the street. Any such sidewalk or pedestrian path shall
be so placed that there will be a distance of not less than four feet
between the sidewalk and the street pavement. A bikeway or combined
bicyclist/pedestrian path, not less than four feet in width, may be
alternatively situated adjacent to the street pavement and be visually
separated by striping on both its inner and outer edges. Sidewalks
on both sides of a proposed new public road may be required in all
major subdivisions of 25 lots or more with density equivalent to the
Residential Single-Family Zone as defined in the Zoning Law.
B.
The body with final approval authority, either the
Town Board or Planning Board, may require that additional or alternatively
located pedestrian ways be provided within a subdivision to provide
access to parks or public spaces, school sites, neighborhood shopping
facilities or similar destinations. Any such pedestrian way may be
situated within either a public right-of-way or established within
a suitable easement.
[Amended 12-1-2010 by L.L. No. 4-2010]
C.
In all subdivisions, where the unit densities are
greater than two units per acre and there is a destination or recreational
benefit that can be achieved by the installation of pedestrian accessways,
such facilities shall be installed by the developer.
[Added 6-27-2007 by L.L. No. 3-2007]
