(A) Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for any other uses as may increase danger to health, life, or property, or aggravate the flood hazard; but the land within a plan shall be set aside for the uses that will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions. The precise boundaries of the flood plain areas of the town should be determined by a detailed drainage plan for the town and its jurisdictional area. Until the study is made and exact dimensions have been determined, the Planning Board or a registered professional engineer designated by the Town Board shall estimate the boundaries of these flood plain areas. Past records of flood levels shall be used to determine sufficient area from the centerline of streams to provide adequate protection from the most severe flood of record.
(B) Where land is subdivided into larger parcels other than ordinary building lots, the parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
(C) Where a proposed subdivision contains or is adjacent to a major highway, it shall be planned so as to avoid having lots fronting on the highway in such a manner as to derive their access from the highway, preferably by providing an access street for these lots or by backing the lots to the highway.
(D) All telephone lines and power lines are recommended to be located underground or at the rear property line of all subdivisions. The telephone company and the electric power company shall be provided with copies of the preliminary plat by the subdivider and be expected to work with the developer in designing the utilities plan for the subdivision. Representatives from the utility companies and the developer shall agree on the width of easements needed to service lines which are located on the rear property line of the lots proposed to be developed, but in no case may the easement requirement be greater than 15 feet unless the developer is in agreement with a greater width. The town does not obligate itself in assuming any costs incurred in developing underground utilities but encourages developers, nevertheless, to investigate the advantages of locating utility lines underground. Provided, however, no developer or builder shall be required to bury power lines meeting all of the following criteria:
(1) The power lines existed above ground at the time of first approval of a plat or development plan by the town, whether or not the power lines are subsequently relocated during construction of the subdivision or development plan; and
(2) The power lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.
(E) Subdivisions showing reserve strips controlling access to public ways will not be approved except when the control and disposition of land comprising the strips is definitely placed within the town’s jurisdiction under conditions meeting the approval of the Town Board.
(F) Unusable or reserve lots shall not be permitted in any subdivision. All subdivided land shall be designated with a lot or parcel number and shall be part of a usable lot.
(G) If the entire area shown on an approved preliminary plat is not to be recorded at the same time as one unit, but, instead, sections or units of the entire subdivision are to be recorded at subsequent intervals, then the unit boundaries shall be so designated as to permit each unit recorded to function independently of the unit to follow it in the proposed recording schedule of the subdivider. Temporary turn-arounds shall be constructed by the developer, as required by the town, at the ends of streets which are presently dead-end but are planned as through streets when the adjacent unit is ultimately recorded.
(H) Where a proposed subdivision contains or is adjacent to a railroad right-of-way, it shall be planned, if possible, as to avoid having residential lots front on a street which runs parallel and adjacent to the railroad right-of-way.
(I) In cases where septic tanks are to be used in the one mile area, the builder is encouraged to construct the houses to one extreme side of each lot, thus providing space for one or more additional houses on the same lot at a later date. This would make economically possible the financing of a public sewer into this area at a later date.
(J) Acceptance of streets. No street shall be maintained by the town, nor street dedication accepted for ownership and maintenance in any subdivision for which a plat is required to be approved, unless and until such final plat has been approved by the town. The approval of a plat shall not be deemed to constitute the acceptance by the town or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the Town Board may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its planning and development regulation jurisdiction.
(K) The approvals and disapprovals set forth in this chapter shall be communicated by the officer making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(Prior Code, § 9-3007) (Ord. passed 6-11-1974; Ord. passed 6-29-2021) Penalty, see § 153.99