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PUBLIC USE
(A) Recreation standards. Single-family residential subdivisions are not required to put in parks, playgrounds, and recreation areas, unless the subdivision has 20 or more lots, including future phases. All multi-family subdivisions are required to put in parks, playgrounds, or recreation areas. The Commission may require that land be reserved for parks, playgrounds, or other recreational purposes in locations in commercial or industrial subdivisions if the Board deems it needed. All required specials must be sized according to the following tables.
Single-Family Lots By Size of Lot (Sq. Ft.) | Percentage of Total Land in Subdivision to be Reserved for Recreational Purposes |
80,000 and greater | 1.5% |
50,000 to 79,999 | 2.5% |
40,000 to 49,999 | 3% |
35,000 to 39,999 | 3.5% |
25,000 to 29,999 | 4% |
15,000 to 19,999 | 5% |
30 units and greater | 5% |
20 to 29 units | 4% |
15 to 19 units | 3.5% |
10 to 14 units | 3% |
5 to 9 units | 2.5% |
2 to 4 units | 2% |
(1) Each reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access for the particular purposes envisioned by the Commission.
(2) The area shall be shown and marked on the plat: “Reserved for Park and/or Recreational Purposes.”
(3) The Commission may refer such proposed reservations to the local government official or agency in charge of parks and recreation for recommendation. If approved by such official or agency, the developer shall dedicate all such recreation areas to the local government as a condition of secondary approval.
(B) Recreation sites.
(1) Land reserved for recreational purposes shall be of a character and location suitable for use as a playground, play field or other active recreational purposes and shall be relatively level and dry.
(2) It shall be improved by the developer to the standards required by the Commission and the cost of the improvements shall be included in the amount of the performance bond.
(3) Passive recreation areas along stream valleys are acceptable if adequate flat land is also provided for space-consuming recreational activities. A recreation site shall have a total frontage on one or more streets of at least 200 feet and at no point be narrower than 50 feet.
(4) The Commission may refer any subdivision intended to contain a dedicated park to the local government official, department, or agency in charge of parks and recreation for a recommendation.
(5) All land to be reserved for dedication to the appropriate jurisdiction for park purposes shall have prior approval of the jurisdiction and shall be shown on the plat as “Reserved for Park and/or Recreation Purposes.”
(C) Other recreation reservations. The provisions of this section are minimum standards. None of the preceding subsections of this chapter shall be construed as prohibiting a developer from reserving other land for recreational purposes in addition to the requirements of this section.
(Ord. passed - -)
PRESERVATION OF NATURAL FEATURES AND AMENITIES
(A) Existing features that would add value to the type of intended development or to the community as a whole, such as trees, watercourses, falls, beaches, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision.
(B) All trees on the plat that are required to be retained shall be preserved, and all trees, where needed, shall be welled and protected against change of grade.
(Ord. passed - -)
NONRESIDENTIAL SUBDIVISIONS
(A) If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall meet such special provisions as the Commission finds appropriate and required and the requirements of this chapter.
(B) A nonresidential subdivision shall also be subject to all the requirements set for in the Zoning Ordinance.
(C) Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.
(D) All shopping centers and other nonresidential subdivisions of buildings for leasehold shall be subject to the relevant provisions of this chapter.
(Ord. passed - -)
(A) In addition to the principles and standards in these regulations which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel and block pattern proposed are appropriate for the uses anticipated and adequately take into account other uses in the vicinity.
(B) The following principles and standards shall be observed.
(1) Proposed commercial or industrial parcels shall be suitable in minimum area and dimension to the types of industrial development anticipated as listed in the City of Marion Advisory Zoning Ordinance. Proposals for incremental lot-by- lot subdivision must be made clear in a statement on the preliminary plat that is satisfactory to the Commission.
(2) Street rights-of-way and pavement construction shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
(3) Special requirements may be imposed by the Commission upon recommendation of the appropriate participating jurisdiction with respect to street, curb, gutter, and sidewalk design and construction.
(4) Special requirements may be imposed by the Commission with respect to the installation of public utilities, including water, sewer, and storm water drainage and preprocessing of sewage. Special requirements may also be imposed regarding the storage and disposal of toxic materials.
(5) Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing onto existing or potential residential development and provision of a permanently landscaped buffer strip where necessary. The buffer must be located along any boundary line of the subdivision that adjoins a residential district. The Advisory Plan Commission has the right to require a buffer with higher standards than those listed in (a) and (b) below if they deem necessary.
(a) A privacy type fence at least six feet in height (unless otherwise directed by the Advisory Plan Commission) on a minimum of six feet in width greenway strip (unless otherwise directed by the Advisory Plan Commission);
(b) A greenway strip at least 12 feet in width (unless otherwise directed by the Advisory Plan Commission) with trees and shrubs, 50% of which are of the evergreen variety, is an acceptable buffer.
(6) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas unless approved by the Plan Commission. The request to the Advisory Plan Commission must be accompanied by a letter of support from the jurisdictional engineer or their representative.
(Ord. passed - -)
ASSURANCE FOR COMPLETION OF IMPROVEMENTS
(A) General. Before the plat is signed by the designated official, all applicants shall be required to present a bond, escrow account or letter of credit with the performance agreement to cover the cost of all the streets, sanitary, and other public improvements, including lot improvements on the individual lots of the subdivision as required in this chapter, specified in the approved construction plans and on the final subdivision plat, and as approved by the Commission. The bond, escrow account, letter of credit and performance agreement must be approved by the Commission’s Attorney.
(B) Financing of improvements.
(1) The applicant shall post bond securable to the City of Marion Advisory Plan and the participating jurisdiction in which the subdivision lies (hereinafter referred to as performance bond) in an amount equivalent to 100% of the estimated cost of completion of required public improvements.
(2) This amount of the bond shall be sufficient to secure to the participating jurisdiction the satisfactory construction and installation of the uncompleted portion of required public improvements as provided for in this chapter.
(3) In lieu of such a bond the subdivider may submit a certified check made payable to City of Marion or the appropriate jurisdiction in an amount equivalent to 100% of the estimated cost of completion of the uncompleted portion of required public improvements as provided for in this chapter. Any such check shall be held by the County Auditor.
(4) In lieu of such a bond the subdivider may submit an irrevocable letter of credit in behalf of the subdivider and securable by the county or the appropriate participating jurisdiction in an amount equivalent to 100% of the estimated cost of completion of the uncompleted portion of required public improvements as provided in this chapter. In the event an irrevocable letter of credit is used it shall be written for a maximum length of two years. If the improvements have not been accepted the Commission shall so notify the subdivider of the jurisdiction’s intent to secure the funds pledged by such letter of credit.
(5) In lieu of a bond the subdivider may submit a certificate of deposit made out to City of Marion.
(a) The bond is to be held by the County Auditor in an amount equivalent to 100% of the cost of completion of the uncompleted portion of required public improvements as provided for in this chapter.
(b) The subdivider must endorse the certificate of deposit before submitting it to the Commission so that the county may secure the funds.
(6) A performance bond furnished pursuant to this chapter shall comply with all statutory requirements and shall be satisfactory to the Commission Attorney as to form, sufficiency, and manner of execution as set forth in this chapter.
(a) The period within which required public improvements must be completed shall be specified by the Commission in the preliminary approval of the preliminary plat and shall be incorporated into the bond and shall not in any event exceed two years from the date of secondary approval.
(b) Such bonds shall be approved by the participating jurisdiction as to amount.
(c) The Commission may, upon proof of difficulty, grant an extension of the completion date set forth in such bond for a maximum period of one additional year, provided that the bond submitted for this extension period meets all other requirements herein.
(d) The Commission may, at any time during the term of such bond, accept a substitution of principal or sureties on the bond.
(Ord. passed - -)
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