A.Â
The Zoning Ordinance of the Town of Moreau[1] provides that no building permits shall be issued for
any lot or parcel of land that does not front on a town accepted roadway.
The Town Board shall not accept any roadway shown on an approved subdivision
plat except when same is built per the specifications hereof. However,
where the subdivider has constructed a roadway per the specifications
hereof, except for application of surfacing materials, the Town Board
may accept the offer of dedication if the subdivider files with the
Town Clerk a certified check or irrevocable letter of credit covering
the cost of satisfactorily completing construction of the subject
road. Said certified check shall be deposited by the Town Fiscal Officer
in an interest-bearing account.
B.Â
The acceptance of roads within a subdivision may be
phased. However, the termination point(s) of the road(s) shall be
approved by the Town Highway Superintendent and shall be chosen such
that the accepted portions of the road(s) meet the requirements of
this regulation with regard to design standards and emergency vehicle
access.
C.Â
The Town Board shall, in considering an offer of dedication
of roadway, have the right to reject the same if all other municipal
improvements provided by developer concerning the lots fronting on
said roadway are not also complete or also for reasons of public safety.
D.Â
In making said offer of dedication, the subdivider
shall submit the following documents to the Town Attorney:
(1)Â
An abstract of title continued to recent date showing
marketable title to the premises offered for dedication or, in the
alternate, a policy of title insurance insuring the fee interest of
said roadway to the Town of Moreau in amount not less than $10,000.
(2)Â
A copy of a survey of subject roadway certified to
the Town of Moreau by a professional preparing the same.
(3)Â
Current tax search of subject premises.
(4)Â
Written approval of the Highway Superintendent.
(5)Â
Written approval of the Water Department Superintendent
when the proposed subdivision is located within a town water district.
(6)Â
If surfacing material has not been applied, then a
certified check, irrevocable letter of credit or bond with annual
update in an amount recommended by the Town Highway Superintendent,
to cover the cost of satisfactorily completing construction of said
roadway.
(7)Â
An affidavit signed by the subdivider agreeing to
complete surfacing of the roadway within two years after the base
course has been installed or at least 2/3 of the phase is completed.
Said subdivider shall bear the expense of any paving cost overruns
if the certified check on deposit with the town, with accrued interest,
should be an insufficient amount. In addition, should any amount of
moneys remain after surfacing is satisfactorily completed, said moneys,
plus accrued interest, shall be refunded to the subdivider.
E.Â
The owners of all parcels deeded to and accepted by
the town subsequent to the taxable status date (March 1) shall have
to pay all taxes levied against the property until the next following
taxable status date.
[Added 6-14-1994 by L.L. No. 2-1994]
A.Â
Purposes. The purpose of this section is to provide
an equitable and effective development standard for securing adequate
land and funding for parks, playgrounds and open space recreation
areas in the Town of Moreau.
B.Â
Fee.
(1)Â
The Planning Board shall require, as condition of
approval of the plat, a payment of recreation fees in such amount
to be set by the Town Board. Such fees shall be paid to the Town Board
at the time of final plat approval and no plat shall be approved by
the authorized officer of the Planning Board until such payment is
made. Such payments shall be held in a special fund for acquisition
and development of recreation land. All money in this fund is to be
used only for:
(a)Â
The purchase of land that is suitable for new
or enlarged parks, playgrounds or open spaces and located so as to
serve the inhabitants of the town's residential neighborhoods.
(b)Â
The improvement of new or existing park, playground
and open space lands which serve the town's residential neighborhoods.
(2)Â
In any case, the Planning Board shall be satisfied
that required recreation land will be maintained and will not be used
for other than recreation purposes.
C.Â
Land dedication in lieu of fees.
(1)Â
In cases where the Board finds that due to the size,
shape or location of the subdivision, land dedication for a park,
playground or other recreational purpose is preferable to the payment
of a recreation fee, the Town Board may waive the fee and require
as condition of approval the dedication of land for recreational purposes.
(2)Â
The subdivider shall then file with the Town Board
a plat detailing the sites for the development of a park, playground
or other recreational facility. Recreation space shall be provided
by the subdivider on the basis of at least 1,000 square feet per lot
but in no case shall the amount be more than 10% of the total area
of the subdivision. Such area or areas may be dedicated to the town
by the developer if the Town Board approves such dedication. All lands
designated on the plat as park, playground or other recreation areas
not in town ownership shall be subject to such conditions as the Planning
Board may establish, such as hours of operation, access to the general
public, use and maintenance of such lands as deemed necessary to assure
the preservation of such land for its intended purpose. Such conditions
shall be shown on the plan prior to plat approval and recording. The
Planning Board shall consider the following in determining the suitability
of the served land for recreational purposes:
D.Â
Nothing in this section will be construed as prohibiting
a developer from reserving land for recreation purposes in addition
to the requirements of this section.
E.Â
The Planning Board shall not at any time authorize
the waiver of both the fee and land dedication in lieu thereof requirements.
