Town of Marion, NY
Wayne County
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The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards set forth in this Article IV.
A. 
Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, soil slump, or other menace.
B. 
Conformity to Official Map and Comprehensive Plan. Subdivisions shall conform to the streets and parks shown on the Official Map of the Town as may be adopted, and shall be properly related to the Town Comprehensive Plan as it is developed and adopted by the Town Planning Board.
A. 
Established standards and criteria. In general, the construction standards and criteria set forth in Appendixes 2, 3, 4, and 5[1] and any modification thereof, shall be applied to subdivisions in the Town of Marion.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
B. 
Streets. The following regulations shall govern the layout of streets:
(1) 
Subdivision shall be so designed as to provide a street pattern which is curvilinear in design. The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.
(2) 
The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper protection where adjoining land is not subdivided, at the same or greater width, in so far as such may be deemed necessary for public requirements.
(3) 
Local residential streets shall be designed so as to discourage through traffic.
(4) 
All right-of-way street widths and street pavements shall be measured at right angles to the center line of the street and shall not be less than as specified in Appendix 2[2] of this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(5) 
All proposed subdivisions shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or "stub" streets of the existing subdivision.
(6) 
The following standards shall apply to cul-de-sac streets:
(a) 
A cul-de-sac should be located, if possible, so that it drains toward its entrance.
(b) 
Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property line, but should be placed so that the lots can back on the property line of the subdivision.
(7) 
If a dead-end street is of a temporary nature, a hammerhead turnaround shall be provided and provisions made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.
(8) 
Half or partial streets shall not be permitted.
(9) 
Multiple intersections involving a junction of more than two streets shall be avoided.
(10) 
Local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.
(11) 
The minimum distance between center line offsets at street jogs shall be 150 feet.
(12) 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets in this or neighboring towns. The continuation of an existing street shall have the same name.
(13) 
The minimum radius of horizontal curve, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with specifications set forth in Appendix 2[3] of this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
Lots. The following regulations shall govern the layout of lots:
(1) 
The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2) 
All lots shown on the final subdivision plan must conform to the minimum requirements of Chapter 308, Zoning, as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 281 of the Town Law, the Planning Board may use its discretion in determining lot sizes.
(3) 
Unless otherwise specified in Chapter 308, Zoning, each lot shall abut on a street built to the Town's specifications and dedicated by the subdivision plat, or on an existing publicly dedicated street.
(4) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(5) 
Whenever possible, side lines of lots shall be at right angles to straight streets, and radial to curved streets.
(6) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, sight distance from obstructions, or similar circumstances, the Planning Board may, after adequate investigation, require modification of such lots.
(7) 
Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.
(8) 
Double frontage lots, flag lots or common drives will not, in general, be approved.
D. 
Easements. An easement shall be provided for all natural drainageways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the sketch plan and final subdivision plan. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of 10 feet. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially with the lines of such watercourse shall be provided. The easement shall be 20 feet wide or such width as will be adequate to preserve natural drainage, established floodways, and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Town Engineer. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services. A ten-foot utility easement running parallel with and contiguous to all street and highway right-of-way, shall be provided to the Town, granting the Town the right to protect, plant, prune, spray, remove, control, regulate and improve shrubbery and shade trees thereon.
E. 
Landscaping and ground cover.
(1) 
All lot areas which are not covered by structures or paving shall be properly seeded by the developer.
(2) 
The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. Each lot shall be provided with a minimum of two trees which shall be in addition to the street shade trees. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to maintain existing trees.
(3) 
Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their yards independently.
(4) 
When a proposed subdivision borders upon an existing commercial or industrial establishment, or any other use which, in the opinion of the Planning Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Planning Board may require a landscape screen to buffer the subdivision from the visually noncompatible use.
F. 
Preservation of natural features.
(1) 
Topsoil moved during the course of construction shall be redistributed so as to provide at least eight inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Planning Board. There shall be a minimum of six inches of topsoil redistributed over all leach beds or fields.
(2) 
To the fullest extent possible, all existing trees and shrubbery shall be conserved by the subdivider. Special consideration shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees, which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, require modification. Where any land other than that included in public right-of-way is to be dedicated to public use, the developer shall not remove any trees from the site without written permission from the Planning Board.
(3) 
Where a subdivision contains a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the use of such features by the future residents of the subdivision without increasing flood hazard. (See Chapter 153, Flood Damage Prevention, of the Code of the Town of Marion.) All proposed changes in watercourse alignment shall be in accordance with the revised New York State Stream Conservation Law.
(4) 
Unique physical features such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours and similar features shall be preserved, if possible.
(5) 
The subdivider shall not be permitted to leave any surface depressions which will collect pools of water unless required for flood prevention.
(6) 
The subdivider shall not be permitted to leave any hills or mounds of dirt around the tract unless they are part of an approved landscaping plan. All surfaces shall be restored within six months of the time of the completion of the section of the subdivision.
G. 
Floodplain.
(1) 
Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the sketch plat and the prominent note on each sheet of such map whereon any such portion shall be shown.
(2) 
Use. Land subject to flooding, and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard unless approved floodproofing measures are taken.
H. 
Self-imposed restrictions. The owner may place restrictions on the development greater than those required by Chapter 308, Zoning. Such restrictions, if any, shall be indicated on the final subdivision plat.
I. 
Parks, playgrounds or open space.
(1) 
Land shall be reserved for park, playground, open space or other recreational purposes in locations designated on the Town Comprehensive Plan, or elsewhere where the Planning Board deems that such reservations would be appropriate. Each reservation shall be of an area equal to 10% of the total land within the subdivision, but in no case shall a reservation be less than five acres. The area to be preserved shall possess the suitable topography, general character and adequate road access necessary for its recreational purposes.
(2) 
If the preservation of land for recreation purposes is deemed by the Planning Board to be inappropriate, the subdivider may be required to contribute a per lot fee to a fund established by the Town of Marion for the acquisition and upkeep of park and recreation areas. Fees shall be determined by the latest adopted fee schedule.
(3) 
Where the Planning Board requires land to be set aside for parks, playgrounds or other recreational purposes, the Board shall require that the site be graded, loamed and seeded, and may require it to be fenced.
(4) 
When area for park, playground, recreational purposes or open space shall have been required on the subdivision plat, the approval of said subdivision plat shall not constitute an acceptance by the Town of such an area.
J. 
Formation of districts.
(1) 
In the interval between preliminary and final approval of the subdivision plat, the developer shall petition the Town Board for the creation of the districts or extensions as necessary for a given development:
(a) 
Sanitary sewer improvement area.
(b) 
Storm drainage districts.
(c) 
Water districts.
(d) 
Lighting district.
(e) 
Zoning district.
(f) 
Any other district required for a particular development.
(2) 
In order to preserve the continuity and format of the application of the districts to the various governing authorities, the Town Attorney and Town Engineer shall prepare the necessary documents and maps and the Town Clerk will be responsible for publication and filing requirements. All costs for the formation of these districts shall be paid for by the developer to the Town within 30 days of his or her receipt of a bill therefor.
(3) 
Required special improvement districts must be extended or created by the Town Board before the signature of the official of the Planning Board may be affixed to the approved final subdivision plat.
K. 
Modification of standards. The Planning Board may modify the specified requirements in any individual case where, in the Board's judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.