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(A) The requirements set forth in this subchapter concerning the amount, size, location, and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Board of Commissioners as standards that presumptively will result in the provision of that amount of recreational activities and open space that is consistent with officially adopted town plans.
(B) The Board of Commissioners recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this subchapter may be achieved even though the standards are not adhered to with mathematical precision; therefore, the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) is authorized to permit minor deviations from these standards whenever it determines that:
(1) The objectives underlying these standards can be met without strict adherence to said standards; and
(2) Because of peculiarities in the developer’s tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards.
(C) Whenever the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) authorizes some deviation from the standards set forth in this section the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.
(Ord. passed 12-20-2001)
(A) When the Board of Commissioners determines, upon the recommendation of the town’s Parks and Recreation Director, that:
(1) The recreational facilities of a development required by this section to establish recreational facilities could also be adequately met by public recreational facilities constructed on town property that are located close enough to such development to reasonably serve its residents; and
(2) Allowing a payment in-lieu of requiring on-site recreational facilities is in the best interests of the citizens in the area be served, then the Board of Commissioners may, but is not required to, authorize the developer to pay a fee to the town’s recreation fund in lieu of providing some or all required recreational facilities. For the purposes of this section, TOWN PROPERTY means property that is owned by the town or under the long-term control of the town through a lease or other agreement or that the town has made plans to acquire or place under the long-term control of the town within a reasonable time.
(B) The minimum amount of fee paid under this section shall be determined by multiplying the acreage of recreational facilities that would otherwise be required of the development by the dollar value per acre established in the town’s miscellaneous fees and charges schedule. However, nothing herein shall prevent the developer from paying a fee that exceeds the minimum fee established herein, and the town’s willingness to allow a payment of fees in lieu of the on-site provision of recreational facilities may depend upon the developer’s agreement to pay fees in excess of the minimum.
(C) With respect to any development that is authorized by this section to pay a fee in lieu of providing some or all of the required recreational facilities, no use may be commenced, lot sold, or building occupied unless the fee has been paid. If a development is intended to be sold or occupied on a phase-by-phase basis, payment of the fee relating to each phase must first be made.
(Ord. passed 12-20-2001) Penalty, see § 152.999
STREETS AND SIDEWALKS
(A) In all new subdivisions, streets that are dedicated to public use shall be classified as provided in division (B) below.
(1) The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day.
(2) The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive.
(3) If and/or when a subdivision street continues an existing street that formerly terminated outside the subdivision, or if and/or when it is expected that a subdivision street will be continued beyond the subdivision at a future date, then the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.
(B) The classification of streets shall be as follows.
(1) Minor. A street whose sole function is to provide access to abutting properties, and serves, or is designed to serve, not more than nine dwelling units, and is expected to or does handle up to 75 trips per day.
(2) Local. A street whose sole function is to provide access to abutting properties, and serves, or is designed to serve, at least ten but no more than 25 dwelling units, and is expected to or does handle between 75 and 200 trips per day.
(3) Cul-de-sac. A street that terminates in a vehicular turnaround.
(4) Subcollector. A street whose principal function is to provide access to abutting properties, and is also designed to be used, or is used, to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, a subcollector serves, or is designed to serve, at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.
(5) Collector. A street whose principal function is to carry traffic to and from minor, local, and subcollector streets to and from arterial streets, and that may also provide direct access to abutting properties. A collector serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.
(6) Arterial. A major street in the town’s street system that serves as an avenue for the circulation of traffic into, out, or around the town, and carries high volumes of traffic.
(7) Marginal access street. A street that is parallel to and adjacent to an arterial street, and that is designed to:
(a) Provide access to abutting properties (so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street); and
(b) Allow the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
(Ord. passed 12-20-2001) Penalty, see § 152.999
Cross-reference:
Streets and parkways, see Chapter 96
Every lot shall have access that is sufficient to allow a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property for its intended use.
(Ord. passed 12-20-2001) Penalty, see § 152.999
If and/or when a major subdivision involves the creation of one or more new streets that borders on or contains an existing or proposed arterial street, then no direct driveway access may be provided from the lots within this subdivision onto said arterial street.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) All driveway entrances and other openings onto streets within the town’s planning jurisdiction shall be constructed so that:
(1) Vehicles can enter and exit from the lot in question without posing any substantial danger to the occupants of such vehicles, pedestrians, or vehicles traveling in abutting streets; and
(2) Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.
(2) If driveway entrances and other openings onto streets are constructed in accordance with the foregoing specifications and requirements, then this shall be deemed prima facie evidence of compliance with the standards set forth in division (A) above.
(C) For purposes of this section, the term PRIMA FACIE EVIDENCE means that the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may (but is not required to) conclude from this evidence alone that the proposed development complies with division (A).
(Ord. passed 12-20-2001) Penalty, see § 152.999
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