Malta |
Code of Ordinances |
Part II. General Legislation |
Chapter 143. Subdivision of Land |
Article II. Procedure for Filing Applications |
§ 143-8. General standards.
Latest version.
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The owner shall observe the following general requirements and principles of land subdivision:A.Streets.(1)The arrangement, character, extent, width and location of all streets shall conform to the Master Plan and to the Official Map, if any, and shall be considered in their relation to other existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets.(2)Where such is not shown in the Master Plan, the arrangement of streets in a subdivision shall either:(a)Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or(b)Conform to a plan for the neighborhood approved or adopted by the Planning Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable or undesirable.(3)Local streets shall be so laid out that their use by through traffic will be discouraged.(4)Where a subdivision abuts or contains an arterial street, the Planning Board may require marginal access streets, reverse-frontage lots with screen planting contained in a nonaccess reservation along the rear property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.(5)Where a subdivision abuts or contains a railroad right-of-way or controlled access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.(6)The street names shall be approved by the County Planning Department to avoid duplications or use of similarly sounding or spelled names. This is to facilitate the 911 emergency system used by the county.[Amended 4-7-1997 by Ord. No. 4-1997](7)Public access shall be provided to streets, water plants, sewage treatment plants or to other land dedicated or to be dedicated to public use.(8)Where a subdivision is traversed by a watercourse, there shall be a stormwater easement not less than 25 feet in width conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate to confine a design storm as specified in the subdivision storm drainage design standards. Parallel streets or parkways may be required in connection therewith.(9)Where a subdivision with a single access road exceeding 800 feet in length or a dead-end street from an intersection exceeding 800 feet in length is proposed, either a second means of access or an emergency access road must be provided.B.Blocks and lots.(1)The lengths, widths and shapes of blocks and lots shall be determined with due regard to:(a)The provision of adequate building sites suitable to the special needs of the type of use contemplated.(b)Zoning requirements.(c)The need for convenient access, circulation, control and safety of street traffic.(d)Limitations and opportunities of topography.(e)Block length, which generally shall not exceed 2,000 feet, nor be less than 600 feet.(f)Intersections with arterial streets which should be held to a minimum and preferably spaced at least 1,000 feet apart.(g)The need for pedestrian walks, not less than 10 feet in width, property line to property line, which shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.(2)Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard.(3)The subdividing of the land shall be such as to provide that each lot abuts a public street which provides satisfactory access via public streets to an existing public street or highway, with a minimum frontage of 200 feet.[Amended 5-1-1995 by L.L. No. 2-1995](4)Double-frontage and reverse-frontage lots should be avoided except where essential to provide separation of residential development from arterial streets or other disadvantageous use [see §143-7C(1)(d)] or to overcome specific disadvantages of topography and orientation.(5)Side lot lines shall be substantially at right angles or radial to street right-of-way lines.(6)In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision.(7)All lots shall be numbered using the U.S. Postal Service standard. This standard calls for all new street numbering to begin in the east and work toward the west and to begin in the south and work toward the north. If the lots are along an existing street, check with the Building Department for existing numbers. Generally, when numbering a street which runs south to north, the even numbers go on the east side and odd numbers on the west. When a street runs east to west the even numbers go on the north side and the odd numbers on the south. Using this standard all numbers shall be in ascending order. The final plat shall have a house number for each lot and that house number shall be identical to the lot number, thus avoiding any confusion.[Added 4-7-1997 by Ord. No. 4-1997]C.Recreation fee. At the time of final approval for a proposed subdivision, the owner shall contribute to the Town's recreation fund a sum set forth in Table A to Chapter 88 per dwelling unit. This fee shall be paid by the applicant of a dwelling unit building permit at the time the Town issues such a permit. This fund shall be used by the Town exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of property.[Amended 3-15-1994; 5-6-2002 by L.L. No. 6-2002; 7-6-2004 by L.L. No. 8-2004; 11-3-2010 by L.L. No. 9-2010]D.Utilities.(1)It shall be the responsibility of the owner to provide waterlines, storm drains, sanitary sewers, bridges and street pavement to the limits of the subdivision. It shall also be the responsibility of the owner to provide appropriate streetlighting at the intersection of proposed street with an existing arterial street. These facilities shall be constructed as required for inclusion in future Town systems. Each owner shall be responsible for the complete construction even though larger than normal sizes may be required.(2)If individual lot water supply and sanitary waste disposal are proposed, it shall be the responsibility of the owner to provide dry waterlines and sanitary sewers to the limits of the subdivision for the purpose of serving the subdivision when these services become available. The facilities shall be constructed as required for inclusion in future Town systems.(3)If it will be necessary to construct utilities within the right-of-way of an existing Town road, it will be the responsibility of the owner to apply for a permit for construction of utilities from the Town Highway Department. It shall be the responsibility of the owner, following approval of the application, to comply with all conditions and restrictions set forth in the permit.E.Professional fees. An applicant for a subdivision larger than a two-lot subdivision shall be required to pay an amount equal to the estimated professional fees to be incurred by the Town of Malta in processing the applicant's application, pursuant to § 88-6C.[Added 2-15-1994; amended 11-3-2010 by L.L. No. 9-2010; 4-4-2011 by L.L. No. 3-2011]