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.
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.
(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.
C.
Lots. The following regulations shall govern the layout of lots:[4]
(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.
[4]
Editor's Note: L.L. No. 1-2020, adopted 8-10-2020, provided
as follows: "Parcel Shape - We understand that the intent is to prevent
the creation of parcels that are oddly-shaped for the convenience
of the developer in order get the maximum number of parcels carved
out of a property. However, we would like it to be a recommendation
rather than part of the Ordinance."
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:
(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.
