This chapter shall be known and may be cited as "Town of Marcellus,
Subdivision Regulations of 2009." These subdivision regulations replace,
in their entirety, any previous subdivision regulations which formerly
applied in the Town of Marcellus.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
These regulations are adopted in accordance with the authority
granted by Town Law § 276, Subdivision 1, for the purpose
of providing for the future growth and development of the Town and
affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its population. The
Town Board may, by resolution, authorize and empower the Planning
Board to approve preliminary and final plats of subdivisions showing
lots, blocks or sites, with or without streets or highways.
It is hereby declared to be the policy of the Town of Marcellus
that the subdivision and development of land for residential, commercial,
and industrial purposes shall be guided and regulated in such a manner
as to meet the following requirements for orderly and harmonious growth:
A.
B.
Land to be subdivided or developed shall be of such character that
it can be used safely without danger to health, or peril from fire,
flood, erosion, excessive noise or smoke, or other menace and each
subdivided lot shall have direct access to a public street.
C.
Proper provisions shall be made for roads, drainage, water supply,
sewage, and other appropriate utility services.
D.
Coordination of existing and proposed streets shall provide a safe,
convenient, and functional system for vehicular circulation. Street
names shall be designated in accordance with the procedure established
by Onondaga County Local Law #5-1972, "Right-of-Way Designations,"
effective January 1, 1973, as amended by Onondaga County Local Law
#4-1980, effective August 4, 1980.
E.
Streets shall conform to the then most current road specifications
approved by the Town Board of the Town of Marcellus, a copy of which
are to be kept in the Town Clerk's Office.
F.
All streets, blocks, lots and buildings shall be arranged to facilitate
fire protection and to provide ample access for firefighting equipment.
G.
Land shall be subdivided or developed with due regard to topography
so that the natural beauty of the land and vegetation shall be protected
and enhanced through all reasonable means then available.
H.
Subdivision shall take place so as to provide for, when reasonably
possible, the proper provision of open spaces for active and passive
recreation and for the proper locations of future sites for public
buildings and areas such as schools, parks, playgrounds and other
community services.
This chapter shall be effective for all subdivision applications
filed on or after April 1, 2009.
If: (a) the Town Board shall not have established specifications
for any improvement(s) involved in a subdivision; or (b) if the Planning
Board deems the specifications established by the Town Board are insufficient
under the particular circumstances then present, then in either such
event the Planning Board shall have the power to set specifications
to be complied with; provided, however, the specifications set by
the Planning Board shall not be less than the standards and specifications,
if any, set by the Town Board.
