For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A short street having but one end open to traffic and the
other end being permanently terminated by a vehicular turnaround.
The number of dwelling units allowed per total land area.
The number of dwelling units allowed per net land area. (See § 308-6, definition of "land area, net.")
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A right granted to use certain land for a special purpose
not inconsistent with the general property rights of the owner.
The final map(s) or drawing(s) shall include construction
drawings of all, or a portion of, a subdivision which is presented
to the Planning Board for approval and which, if approved and endorsed
by the Planning Board, will be submitted to the County Clerk of Wayne
County for recording. A final plat.
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the lot is a part.
The map established by the Town Board under § 270
of the Town Law showing the streets, highways, and parks heretofore
laid out, adopted, and established by law, and any amendments thereto
adopted by the Town Board, or additions thereto resulting from the
approval of subdivision plats by the Planning Board and the subsequent
filing of such approved plats.
The date when a sketch plan or a preliminary plan or a final plan shall be considered to be submitted to the Planning Board, as provided in § 276 of the Town Law, and is hereby defined to be the date of a meeting of the Planning Board at which all required surveys, plans, and data described in Article VI are submitted.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements, letter of
credit and other similar collateral or surety agreements.
The Town of Marion Planning Board as established pursuant
to the provisions of Article 16 of the Town Law.
Drawing(s) submitted for Planning Board review clearly marked "preliminary plan," showing the layout of the proposed subdivision and containing at least the information specified in Article VI, § 245-19, of this chapter and any additional information requested by the Planning Board in its review of the sketch plan.
Any street, avenue, boulevard, road, lane, parkway, alley,
or other way serving as access to a lot or property but not accepted
by the Town Board for public maintenance.
Any street, avenue, boulevard, road, lane, parkway, alley,
or other way which is an existing state, county, or Town roadway,
or way shown upon a plat theretofore approved pursuant to law or approved
by official action or a street or way of a plat duly filed and recorded
in the office of the County Clerk of Wayne County prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines whether improved
or unimproved and may comprise pavement, shoulders, gutters, sidewalks,
parking area, and other areas within the street lines. For the purpose
of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily by a heavy volume of traffic, and serving or designed to serve as routes for traffic between communities and/or other traffic-generating areas.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties. The terms "minor street" and "local residential street" shall be interpreted to be identical in meaning.
PRIVATE STREETSThose which, in general, are used to provide access to one lot only and are not to be dedicated to the Town. If built to serve more than one lot, a private street shall be built to Town specifications and approved by the Planning Board.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The distance between property lines or right-of-way lines.
Any person, firm, corporation, partnership, or association
who shall lay out, for the purpose of sale or development, any subdivision
or part thereof as defined herein, either for himself or others.
GENERALThe division of any lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development and shall include resubdivision; provided, however, that the public acquisition by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to these regulations. Notwithstanding the above, however, any parcel which is divided so as to create lots, each of which is at least five acres in area, has at least 250 feet of frontage, and can contain a circle 250 feet in diameter, shall not be considered a subdivision for the purposes of these regulations.[1]
MINORThe subdivision of any parcel of land into three or fewer lots (the initial lot plus up to two new lots) when:
Each of the lots fronts on an existing public street and does
not require a new or extended street or road or the extension of public
water or sewer service.
The proposed subdivision would not adversely affect the future
access to, or development of, the remainder of the initial parcel
or adjoining parcels.
MAJORAny subdivision of land not classified by the Planning Board as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the Town prepared by the Planning Board,
pursuant to § 272-a of the Town Law, which indicates the
general locations recommended for various public works and reservations,
and for the general physical development of the Town and includes
any part of such plan separately adopted and any amendment to such
plan or parts thereof.
The officially adopted Zoning Ordinance of the Town of Marion (Chapter 308, Zoning, of the Code of the Town of Marion), together with any and all amendments thereto.
[1]
Editor's Note: L.L. No. 1-2020, adopted 8-10-2020, provided
as follows: "All subdivisions are required to be submitted to the
Planning Board for approval. Regarding the ratio of road frontage
to depth, including flag lots, we do not feel that it should be governed
strictly within the Ordinance, but the Planning Board should advise
the developers as a strong recommendation."
