The Design Criteria and Construction Specifications
for Land Development are adopted herein by reference and shall establish
the standards for subdivision design and construction. The Planning Board, in reviewing an application for approval
of a subdivision plat, shall also be guided by the considerations
and standards presented in this article. In its review the Planning
Board shall take into consideration the prospective character of the
development and may waive, subject to appropriate conditions, the
provision of any improvements and requirements as in its judgment
of the special circumstances of a particular plat are not requisite
in the interest of the public health, safety and general welfare.
Furthermore, where the Planning Board finds that because of exceptional
and unique conditions of topography, location, shape, size, drainage
or other physical features of the site, or because of the special
nature and character of surrounding development, the standards specified
herein would not adequately protect or provide for public health,
safety or welfare, the Board may require that subdivision improvements
be designed to such standards as are consistent with reasonable protection
of the public health, safety or welfare.
[Amended 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
A. Pursuant to § 277 of the Town Law, subdivision plats shall
show, in proper cases and when required by the Planning Board, suitable
areas for neighborhood parks or playgrounds. Such parks shall be in
conformity with the Parks and Recreation Comprehensive Plan.
B. When such recreation areas are required by the Planning Board, they
shall be provided on the basis of at least three acres for every 100
families to be accommodated within the subdivision. They shall have
physical characteristics and locations which render them readily usable
for appropriate recreation purposes, and their locations shall be
selected with a view to minimizing hazards from vehicular traffic
for children walking between such facilities and their homes in the
neighborhood. No such area may be smaller than two acres, and, in
general, any recreation area of less than four acres shall be located
at a suitable place on the edge of the subdivision so that additional
land may be added at such time as the adjacent land is subdivided.
C. The subdivision plat shall include a detailed site development plan
for each neighborhood park or playground. As a minimum, the site development
plan shall provide for an approximately level area at least 175 feet
square for children's field games. The site plan shall show how the
entire area is to be graded, drained and landscaped to make it a useful
and attractive feature of the neighborhood. All improvements shown
on the site development plan shall be made by the subdivider as part
of the required improvements of the subdivision as a whole.
D. If the Planning Board does not require the developer to provide recreation
areas as above, it shall require the developer to pay a playground
or recreation site and development fee at a rate per lot to be set
by the Town Board. Such fee shall be paid to the Director of Building
and Codes at the time of the issuance of a building permit for new
residential construction. Such fees shall be paid over to the Town
Clerk and shall be deposited by the Town Clerk in the Town of Perinton
Recreation Account - Special Fund and shall be exclusively for the
use of the Recreation Commission to purchase, acquire, develop and
equip park, playground and other recreational areas.