The design standards and requirements set forth in this article
shall be observed as minimums by the subdivider in the design of each
subdivision within the Town of Massena. The Planning Board shall require
more-restrictive standards where necessary to protect health, safety
and welfare of the public and where circumstances unique to the property
so dictate.
Except where such area would be less than one acre or the Planning
Board shall waive the requirement, not less than 10% of the gross
area of the entire tract, exclusive of lakes or ponds, shall be reserved
for common open space directly accessible from the lots to be created.
Such open space shall be suitable for recreational use of the residents
of the subdivision or the general community. The following and similar
facilities shall meet this requirement: swimming pools, tennis courts,
riding and cycling paths, playgrounds, community centers, and other
open areas. Such areas as are designated for play lots, parks and
other outdoor recreational facilities shall be of a size, shape and
other physical characteristics so as to be free of health and safety
hazards and suitable for the designated use. No portion of the ten-percent
requirement shall be met with wetlands, slopes exceeding 15% in grade
or other otherwise undevelopable areas. Sites so dedicated shall not
be deemed to be accepted by the Town unless and until the Town Board
has taken formal action to accept the same. The subdivider and the
Town may also agree to otherwise provide recreational land for the
use of residents pursuant to the authority of § 277 of the
Town Law, including fees in lieu of dedication.
In the event that any subdivider shall intend to make land changes
by grading, filling, excavating or the removal or destruction of the
natural topsoil or vegetative covering thereon in accordance with
a subdivision plan submitted to the Town, the same shall only be approved
and accomplished after the developer has submitted to the Town an
erosion and sedimentation control plan. Erosion control measures shall
be employed as necessary to prevent loss of soil from erosion and
also to prevent resulting property damage, siltation and contamination
of watercourses or impoundments. Erosion control measures may include
hay bales, silt fences or other provisions or combinations thereof.
Conservation subdivisions shall be processed pursuant to §
207-36 of the Town of Massena Code.
Manufactured home subdivisions shall be processed pursuant to §
207-59 of the Town of Massena Code.
Planned unit developments shall be processed pursuant to §
207-37 of the Town of Massena Code.
The following special standards apply to all subdivisions within
the Waterfront Overlay District (see the Waterfront Revitalization
Overlay Map):
A. Vegetative buffer strips are required along shorelines that meet
the following criteria:
(1) Are maintained along the shore from the high-water mark and extending
landward a minimum horizontal distance of 25 feet.
(2) Preferably consist of native vegetation, but can consist of cultivated
species that are adapted to wet conditions or unmowed grass.
B. Shoreline erosion shall be preferentially managed by the use of vegetative
buffers, unless site characteristics are such that armoring, riprapping,
gabions, walls or similar heavy reinforcement is needed to achieve
erosion control.
C. The construction or reconstruction of erosion protection structures
shall be undertaken only if they have a reasonable probability of
controlling erosion for at least 30 years as demonstrated in design
and construction standards and/or assured maintenance or replacement
programs.
D. The construction or reconstruction of docks, boathouses, boat hoists,
public access facilities, and other shoreline structures shall be
undertaken in a manner which will, to the maximum extent practicable,
protect against or withstand the destructive forces of wave or current
action, changing water levels and/or ice movement.
E. Activities and development, including the construction or reconstruction
of erosion protection structures, shall be undertaken so that there
will be no measurable increase in erosion or flooding at the site
of such activities or development or at other locations.