[HISTORY: Adopted by the City Council of the City of Geneva 7-3-1968
as Ch. 32 of the 1968 Code. Amendments noted where applicable.]
The purpose of this chapter is to establish reasonable regulations for
the orderly development of subdivisions in the City so as to promote the public
health, safety, morals and general welfare of the City and its inhabitants.
In interpreting this chapter, certain terms or words herein shall be
defined as follows:
The comprehensive plan prepared under or by direction of the Planning
Board indicating the general locations recommended for the major thoroughfares,
streets, parks, public buildings and other public improvements.
The map established by the City Council under § 29 of the
General City Law showing the streets, highways and parks theretofore laid
out, adopted and established by law and amendments thereto adopted by the
City Council or additions thereto resulting from approval of subdivision plats
by the Planning Board and the subsequent filing of such approval plans.
The final map, drawing or chart on which the subdivider's plan
of subdivision is presented to the Planning Board for approval, and which,
if approved, will be submitted to the County Clerk for recording.
The preliminary drawing indicating the proposed layout of the subdivision
to be submitted to the Planning Board for its consideration.
A street used primarily for fast or heavy traffic designated as a
main highway or arterial street, or other equivalent term, identifying it
as part of the basic pattern or street plan.
A minor street which is parallel to and adjacent to a main highway
or arterial street; and which provides access to abutting property and protection
from through traffic.
A street designed primarily to serve the local needs of a neighborhood.
A street which carries traffic from minor streets to the major system
of arterial streets and main highways, including a principal entrance street
of a residential development and a street which serves as the principal trafficway
between separated areas or districts.
The owner or his authorized agent.
[Amended 6-5-1995 by Ord.
No. 10-95]
The division of any parcel of land into two or more lots, plots,
sites, or other division of land, for immediate or future sales, and/or for
building development, whether or not new streets are created.
SUBDIVISION, MAJORAny subdivision other than a minor subdivision.
SUBDIVISION, MINORA subdivision that does not involve the creation of more than two lots from any one parcel. In addition, such a minor subdivision shall not involve the creation of any new public streets; the extension of any public street, water or sewer line; or the installation of any drainage improvements through one or more lots to serve one or more other lots. A resubdivision, which is to say the minor alteration of lot lines where no new lots are created, shall be considered a minor subdivision.
Whenever any subdivision of land is proposed to be made and before any
contract for the sale of, or any offer to sell such subdivision, or any part
thereof is made, and before any permit for the erection of a structure shall
be granted, the subdivider shall apply in writing to the Planning Board for
preliminary and final approval and acceptance of such subdivision. The application
of the subdivider to the Planning Board shall conform to the procedure and
specifications as hereinafter set forth.
The preliminary layout, street profiles and formal subdivision plat
and all procedure relating thereto shall in all respects be in full compliance
with the provisions of the General City Law and in particular §§ 32
and 33 thereof.
Prior to the filing of an application for approval of a preliminary
layout for the subdivision of land into five or more lots, the subdivider
shall submit to the Planning Board a preapplication plan and data showing
his ideas and intentions in the platting of the proposed subdivision. No preapplication
sketch is required for a subdivision containing less than five lots. However,
subdivisions of less than five lots shall conform to all other regulations
of this chapter excepting as hereafter modified within 15 days of the submission
of the preapplication plan, the subdivider shall be informed by the Planning
Board whether such plans and the data submitted meet the objectives of these
regulations. If the Planning Board finds the plans and data do not meet the
objectives of these regulations, it shall express its reasons therefor. The
tentative approval of the preapplication sketch by the Planning Board shall
not constitute as acceptance of the plan of the subdivision.
A.
After reaching preliminary approval regarding the proposed subdivisions as provided in § 310-5, the subdivider shall prepare and submit an application in writing to the Planning Board for the approval of plan, plats or description, showing the layout of highways or streets on private property or of building lots in connection with or in relation to such highways or streets or to existing streets. Such application shall be accompanied by three copies of a preliminary layout in conformance with the provisions of § 310-5 of these regulations and which shall first be approved by such Planning Board before submission of a final plat. Such preliminary layout shall be at a scale of not more than 100 feet to the inch and such submission shall be filed at least 10 days prior to a meeting of the Planning Board at which consideration is requested.
B.
After arriving at tentative conclusions, the Planning
Board shall discuss the preliminary layout with the subdivider or his agents
at a regular meeting of the Planning Board.
C.
After such discussion the Planning Board shall communicate
in writing within 30 days to the developer:
(1)
The specific changes which it will require in the preliminary
layout.
(2)
The character and extent of the required public improvements
for which waivers may have been requested and which in its opinion may be
waived without jeopardy to the public health, safety, morals and general welfare.
(3)
The amount of construction or improvement or the amount
of the performance bond therefor which it will require as a prerequisite to
the approval of the formal subdivision plat to be submitted subsequently.
The subdivider, after official notification by the Planning Board with
respect to the preliminary layout and the changes, if any, to be made therein,
shall within six months thereafter file with the Planning Board for acceptance
and approval original drawings of the final plat for record of either the
whole or a portion of the subdivision in conformance with the provisions hereinafter
set forth.
The subdivider shall observe the following general requirements and
principles of land subdivisions:
A.
In general, the proposed subdivision shall conform to the Official Map of the City of Geneva, New York, Chapter 350 entitled "Zoning" of the Municipal Code and the Master Plan.
B.
The arrangements of streets in a new subdivision shall
in general provide for the continuation of the principal existing or planned
streets in adjoining property or for their proper projection when adjoining
property is not subdivided.
C.
Street right-of-way widths shall be not less than as
follows:
|
Street Type
|
Right-of-Way
(feet)
|
Pavement Widths
(feet)
| |
|---|---|---|---|
|
Major thoroughfare
|
100
|
60
| |
|
Secondary thoroughfare
|
66
|
40
| |
|
Minor street
|
50
|
30
| |
|
Marginal access street
|
50
|
30
|
D.
Street grades, wherever feasible, shall not exceed the
following with due allowance for vertical curves:
|
Street Type
|
Percent Grade
| |
|---|---|---|
|
Major thoroughfare
|
3%
| |
|
Secondary thoroughfare
|
5%
| |
|
Minor street
|
7%
| |
|
Marginal access street
|
7%
|
|
No street grade shall be less than 1.0%.
|
E.
Classification of streets into major and secondary thoroughfares
and minor streets shall be as determined by the Planning Board.
F.
In general, street lines within a block deflecting from
each other at any one point more than 10° shall be connected with a curve,
the radius of which for the inner street lines shall be not less than 500
feet on major thoroughfares, 250 feet on secondary thoroughfares and 100 feet
on minor streets.
G.
Where a subdivision abuts or contains an existing or
proposed arterial street, the Planning Board may require marginal access streets
reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with rear service alleys, or such
other treatments as may be necessary for adequate protection of traffic.
H.
All changes in street grade shall be connected by vertical
curves of a minimum length equivalent to 15 times the algebraic difference
in the rate of grade for major thoroughfares, secondary thoroughfares, and
1/2 of this minimum for all minor streets and marginal access streets. In
no case shall vertical curves be less than 50 feet in length.
I.
Dead-end or cul-de-sac streets shall not in general exceed
450 feet in length, and shall be terminated with a turnaround roadway with
a minimum radius of 40 feet for the outside curb at the closed end.
J.
Block lengths generally shall not exceed 1,200 feet in
length.
K.
Each normal block shall be planned to provide two rows
of lots, but irregularly shaped blocks indented by cul-de-sac streets and
containing interior parks will be acceptable when properly designed and covered
by agreements as to maintenance of interior parks.
L.
Blocks intended for business or industrial use shall
be of such width as may be considered most suitable for their prospective
use, including adequate space for off-street parking and deliveries.
M.
Property lines at street intersections shall be rounded
with a radius of 10 feet, or of a greater radius where the Planning Board
may deem it necessary. The Planning Board may permit comparable cutoffs or
chords in place of rounded corners.
N.
Corner lots shall be increased in size whenever necessary
so as to provide that any structure to be placed thereon shall conform to
the building line of each street.
O.
The Planning Board may require adequate, convenient and
suitable areas for parks and playgrounds, or other recreational purposes,
to be reserved on the plat, but in no case more than 10% of the gross area
of any subdivision. The area shall be shown and marked on the plat "Reserved
for Park or Playground Purposes." If the Planning Board determines that a
suitable park or parks of adequate size cannot be properly located in any
such plot or is otherwise not practical, the Board may require as a condition
to approval of any such plat a payment to the City in the amount of 10% of
the appraised market value of the land to be subdivided. Such money shall
be used by the City for park and recreation purposes, including the acquisition
of property.
P.
No plat or subdivision shall be approved unless the land
shown on such plats shall be of such character that it can be used for building
purposes without danger to health, life or property due to poor drainage,
floods or unsanitary conditions. Septic tanks, cesspools or other disposal
systems are prohibited unless the design and use thereof are approved by the
Health Officer and any other authority having jurisdiction.
Q.
Easements for the installation of utilities shall be
provided where necessary along the rear or side lot lines in residential subdivisions
and shall be at least 20 feet wide.
R.
Variations of the general requirements above outlined
may be permitted by the Planning Board on application when in their judgment
special factors warrant such a variation and are also approved by the Director
of Public Works.
The subdivider shall outline and describe the existing conditions of
the site and the proposed development as necessary to supplement the required
drawings which shall include:
A.
The location map showing the relationship of the proposed
subdivision to existing community facilities which serve or influence it;
development name and location; major thoroughfares; public transportation
lines; shopping centers; elementary and high schools, parks and playgrounds
and other community features such as churches.
B.
The sketch plan on topography survey shall show in simple
sketch form the proposed layout of streets, lots and other features in relation
to existing utilities and other conditions. The sketch plan may be a freehand
pencil sketch and shall contain such additional data as the Planning Board
determines is necessary for its consideration of the proposed subdivision.
It shall show the name of the subdivision, scale, north point and date.
Subdividers shall present to the Planning Board a preliminary layout.
Three copies shall be filed at a scale of not more than 100 feet to the inch,
one of which shall be on tracing cloth, showing or accompanied by the following
information:
A.
The title, which shall be the same as that under which
the proposed subdivision is to be recorded, with the names of the owner and
the designer of the preliminary layout.
B.
The names of all subdivisions immediately adjacent and/or
the names of owners of record of adjacent acreage.
C.
Location of property lines, existing easements, buildings,
watercourses and other existing features.
D.
Location, names and present widths of existing and officially
proposed streets, highways, pavements and sidewalks, easements, building lines,
alleys, parks and other public open spaces within the area to be subdivided
and within the property immediately adjacent or opposite thereto.
E.
The location, size and grade of any existing sewers and
water mains, culverts and drains on the property to be subdivided and on the
property immediately adjacent or opposite thereto.
F.
A contour map showing contour intervals of not more than
two feet based on a field survey certified as to accuracy by an engineer or
a licensed land surveyor.
G.
Map of survey of tract boundary made and certified by
a licensed land surveyor. The location and coordinates of all monuments, each
coordinate to be referenced to the nearest approved control point as directed
by the Director of Public Works. In the absence of such a control point 1,000
feet from the proposed subdivision, method of referencing to be as designated
by the Director of Public Works.
H.
The proposed street layout, location of water mains,
sanitary sewers and storm drains and the size and types thereof, the character,
width and depth of pavement and sub-base, the location of manholes and basins
and underground conduits, the location and type of sidewalks, curbs, gutters,
streetlighting standards and species of street trees permitted by City ordinance.
I.
The locations, names and widths of all proposed streets,
pavements, sidewalks, easements, building lines, alleys, parks and other open
spaces.
J.
The proposed lot lines with approximate dimensions.
K.
Proposed street grades and street profiles.
L.
Proposed water supply system.
M.
Proposed sanitary sewer system.
N.
Provisions for collecting and discharging surface drainage.
O.
Preliminary designs of any bridges or culverts which
may be required.
P.
The use district or districts in which the land to be subdivided is located according to Chapter 350 entitled "Zoning" of the Municipal Code.
Q.
All parcels of land proposed to be dedicated to the public
use and the conditions of such dedication.
R.
Date, north point and scale.
S.
Additional following information on profiles and grades
drawn at a scale one inch equals four feet vertical and one inch equals 40
feet horizontal may be required by the Planning Board with the preliminary
submission: Street center line and both property line elevations or profiles,
the proposed curb grades, and the points of intersection (PI), points of curvature
(PC) and points of tangency (PT), and the break of grade stationing and elevations
for the designated pavement width; the proposed sewer drain and water main
grades and elevations; the stationing, elevation and other relative information
of all existing monuments, drains, sewers, culverts, hydrants and manholes
(both rim and invert). The stationing shall show accurate, center line distances.
The elevations of the present ground surfaces shall be to the nearest 1/10
of a foot while all fixed points shall be shown to the nearest 1/100 of a
foot in elevation. City datum to be used. The tracings of the profile drawings
noted above may be executed in pencil and two black and white copies shall
be submitted for criticism, suggestions or approval before the final plans
are made.
[Amended 6-5-1995 by Ord. No. 10-95]
A.
The Planning Board shall approve or disapprove minor
subdivisions in accordance with the provisions of this section.
B.
If and only if a minor subdivision is proposed which
does not involve any new construction or development, the application needs
to include the following information: existing topography of the site and
adjacent properties, as revealed by contours or key elevations; proposed final
grades; existing and proposed stormwater drainage facilities, sidewalks, curbs
and curb cuts; existing and proposed landscaping and fences; existing and
proposed outdoor lighting, signs, telephone and electric utility poles; type,
size and locations of all dumpsters, waste compactors and other outdoor mechanical
equipment, including screening; and descriptions of building elevations and
exterior building materials. If any changes are proposed which would affect
any of the above information, said information shall be provided as part of
the application. The Planning Board may require a series of submittals conforming
to those for major subdivisions, but may waive data requirements for good
cause.
C.
The construction of any improvements or the provision of guaranties for such improvements shall be in accord with the procedures and requirements specified herein for major subdivisions. In the case of minor subdivisions abutting on streets where improvement conditions are well defined, the Planning Board may exempt the subdivider from complying with some of the requirements enumerated in §§ 310-8 and 310-13.
D.
After Planning Board approval, a proposed change or revision
either to the site or to the exterior of any structure on it shall be resubmitted
for further review.
The subdivider shall submit to the Planning Board with the preliminary
layout a statement signed by him specifying:
A.
The nature and extent of the street improvements which
he proposes to install.
B.
The nature and extent of any recreational facilities,
parks or playgrounds to be provided, if any, and whether or not and under
what conditions they are to be dedicated to the city.
C.
That he is able and willing and will proceed forthwith
to file the final map or plat of his subdivision or such part thereof as he
may wish to put on the market in the Ontario County Clerk's office, and
will install all monuments in such sections shown on said final plat in such
manner as the Planning Board may designate.
All materials, design and workmanship must meet the specifications established
by the Director of Public Works. All pavement widths, structures, manholes,
pipe sizes, depths and grades must be approved by the Director of Public Works.
The following are considered to be basic required improvements, subject to
the determination of the Director of Public Works, unless specifically waived
by the Planning Board:
A.
Streets shall be graded from property line to property
line to approved grade and cross section.
B.
Curbs shall be sixteen-inch granite or concrete.
C.
Sidewalks, where required, shall be concrete at least
four feet in width and at least four inches in thickness laid on a compacted
bed of approval cinders or gravel, at least three inches in depth. Sidewalks
not to be placed until after street grade is established and in place.
D.
Pavements shall be bituminous concrete surfacing on a
macadam base, or reinforced concrete.
E.
Water mains shall be not less than six-inch cast iron
except that larger sized pipe may be specified by the Director of Public Works
where needed to provide an adequate distribution system. The top of the pipe
to be at 4 1/2 feet below top of pavement or other ground. Hydrants and
valves shall be the same as approved by the city.
F.
Sewers shall be vitrified tile or cast iron pipe laid
at such depth below finished grade of pavement or other ground, as to provide
adequate sewerage facilities to every dwelling structure, including basement
thereof, in proposed subdivision. The minimum size shall be eight inches and
the grade shall meet minimum design requirements of the Director of Public
Works.
G.
Storm drains must provide adequate pavement and land
drainage. Catch basin connections shall be not less than reinforced concrete
pipe masonry concrete brick or equal. No cross gutters shall be allowed. Types
of catch basins shall be determined by the Director of Public Works.
H.
Gas mains shall be laid at the depth and location approved
by the utility and Director of Public Works. Gas mains shall be laid in a
separate trench from any other underground conduit.
I.
Streetlighting, including poles, brackets and lights,
shall be of approved type and size and located as directed by the utility
lighting engineer.
J.
Street name signs shall be furnished and installed by
the subdivider. The number, type, size and location of signs to be as specified
by the Director of Public Works.
K.
Street trees shall be of approved species and size and
their location and manner of planting approved by the Department of Public
Works.
L.
Insurance shall be furnished by the contractor and/or
subdivider to the City with property damage and public liability insurance
in amounts to be determined by the Department of Public Works.
M.
Testing and inspection of construction materials shall
be provided by the subdivider as required by the Director of Public Works.
After the approval of the preliminary layout, the subdivider shall submit
a final subdivision plat for final approval by the Planning Board. This plan
shall contain mapped data and descriptive information in conformance with
the following requirements:
A.
The final plat shall be drawn upon tracing cloth to a
scale of not more than 100 feet to an inch unless otherwise directed by the
Planning Board.
B.
All final plans shall bear an identifying title and the
name of the City of Geneva and the County of Ontario in which the subdivision
is located, the name and address of record owner and subdivider, name, license
number and seal of the licensed professional engineer or land surveyor.
C.
The final plans shall show the boundaries of the property,
the lines of all proposed streets and parks and also all lines of all adjoining
streets with their names and exact survey locations.
D.
A north point shall be shown.
E.
Maps to be not larger than 32 inches by 42 inches over
all.
F.
Three tracings on linen shall be filed with the Planning
Board at the time of the filing of the final plan.
G.
The names of all subdivisions immediately adjacent, or
if not a subdivision, the names of the property owners shall be given.
H.
Length of all straight lines, deflection angles, radii,
arcs and central angles of all curves shall be given along the property line
of each street. All dimensions along the lines of each lot with the angles
of intersection which they make with each other shall also be given. If more
convenient, bearings may be used instead of angles.
I.
Lots and blocks within a subdivision shall be numbered
and the lot areas shall be shown.
J.
All dimensions, angles, bearings, and so forth, given
on the map shall be referred to at least two permanent monuments in each block
not less than 300 feet apart, which shall be indicated on the map. All dimensions
shall be shown in feet and decimals of a foot. The error of closure shall
not exceed one in 5,000.
K.
The final plans shall provide space so that approval
by the Planning Board and the Director of Public Works may be endorsed thereon.
L.
Monuments shall be set at all block corners and angle
points of the boundaries of the original tract to be subdivided; and at all
street intersections, angle points in street lines, points of curve and such
intermediate points as shall be required by the Director of Public Works.
The location of the monuments shall be indicated on the final plan.
The final plans shall be accompanied by an abstract of title showing
the ownership of all property and easements to be dedicated to the city, and
by a deed of dedication conveying such property or easements to the City free
and clear of all encumbrances.
Before approving the final plan, the Planning Board shall request a
certificate from the engineer or surveyor that all the technical requirements
of the plan itself have been met and that the plat is in accordance with the
laws of the State of New York, these regulations and all other local law,
ordinances, rules and regulations of the City.
Before approving the final plan, the Planning Board shall hold a public
hearing. The Planning Board will set the time and place for the public hearing
on the proposed subdivision.
A.
Before approving the final plan, the Planning Board shall obtain a certificate from the Director of Public Works that all the improvement requirements of § 310-13 have been met, or in lieu thereof an estimate of the probable cost of such omitted improvements.
B.
In case the improvements have not been completed, the
subdivider shall furnish a performance bond by a bonding or surety company
approved as to form, sufficiency and manner of execution by the City Attorney
and in an amount of not less than the estimate of the Director of Public Works
before final approval shall be given by the Planning Board.
It shall be the duty of the City Clerk to file with the Ontario County
Clerk a certificate showing that the Planning Board has been authorized to
approve plats and shall specify therein that the Chairman of the Planning
Board shall issue on behalf of the City a certificate of failure to take action
on the approval of plats as provided in § 32 of the General City
Law.
[Added by Ord. No. 77-6, eff. 7-6-1977]
The Planning Board shall have the authority before approving the final
plan to confirm the plan with the zoning regulations of the City Municipal
Code or make any reasonable change therein with regard to the zoning regulations
and the final plan. The Planning Board shall consider such final plan and
zoning regulation in accordance with § 37 of the General City Law.
[Added 6-19-2002 by Ord. No. 7-2002]
A fee of $150 shall be due and payable at the time the application for
approval of the subdivision is made. If the application is for approval of
a minor subdivision for no more than two lots, the fee shall be $50. In the
event that applications for approval of a subdivision and site plan review
are made at the same time, the greater of the two fees shall be charged, and
the lesser fee shall be waived.
