City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Planning Commission shall have the power to vary or modify the application of any of the requirements herein relating to the use, layout and platting of land for subdivisions, so that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done.
A. 
Application; plat layouts to be filed. Whenever any subdivision of land is proposed and before any contract for the sale of or any offer to sell such subdivision or any part thereof is made, the subdividing owner or his agent shall apply, in writing, to the Planning Commission for approval of such subdivision. He or she shall first file with the Planning Commission a preliminary layout and subsequently a formal plat as hereinafter specified, three hard copies and one electronic copy of each.
B. 
Pre-application procedure. Prior to the filing of an application for conditional approval of the preliminary layout, the subdivider may submit general site information, a location map and a sketch plan with a request for informal consideration and advice. This step does not require a formal application, fee or the filing of a plat. The purpose of a pre-application procedure is to afford the subdivider an opportunity to consult early and informally with the Planning Commission, Code Enforcement Officer, City Engineer, and Board of Public Service before preparation of the preliminary layout in order to save time and money and to make the most of opportunities for desirable development.
C. 
Pre-application plans and data; contents.
(1) 
General site information. General site information shall describe or outline the existing conditions of the site and the proposed development to the extent necessary to supplement the location map and sketch plan. Information may be required on existing covenants, land characteristics, available community facilities and utilities and information describing the subdivision proposal, such as the number of residential lots, typical lot width and depth, business areas, playgrounds, parks and other public areas, proposed protective covenants and proposed utilities and street improvements.
(2) 
Sketch plan. A sketch plan on a topographic survey shall show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. In any event, the sketch plan should include either the existing topographic data listed in Subsection E or such of these data as the Planning Commission may require for its consideration of the proposed sketch plan, as well as scale, North point and date.
D. 
Preliminary layout.
(1) 
Preparation; filing. On reaching conclusions regarding his/her general program and objectives, the subdivider shall cause to be prepared a preliminary layout, together with improvement plans and other supplementary material as specified in Subsection E. Three hard copies and one electronic copy of the preliminary layout and required supplementary material shall be submitted to the Code Enforcement Officer with written application for conditional approval at least five working days prior to a regularly scheduled meeting. Copies shall be submitted to the Planning Commission for study and recommendation and referred to the City Engineer and Board of Public Service as necessary.
(2) 
Action on preliminary layout. Following review of the preliminary layout and other material submitted, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made in accordance with the requirements of Subsections E and H, the Planning Commission shall act thereon as submitted or as modified. The City Engineer and the Board of Public Service shall first approve the application and so advise the Planning Commission within 45 days after filing. If the preliminary layout is approved, the Planning Commission shall note its approval as "conditional approval" and state the specific conditions of such approval, if any. If the preliminary layout is disapproved, the Planning Commission shall state the reasons for its disapproval.
(3) 
Notation of action. The action of the Planning Commission shall be noted on two copies of the preliminary layout, to which shall be attached referenced statements of any conditions and requirements determined by the Planning Commission in accordance with the regulations. One copy shall be filed in the office of the Code Enforcement Officer and the other returned to the applicant.
E. 
Required information in preliminary layout.
(1) 
Existing conditions data. Existing conditions data shall include the following, except when otherwise specified by the Planning Commission:
(a) 
Key plan: show location and boundaries of tract.
(b) 
Property lines and easements: location, width and purpose of easements; existing platting if a resubdividing project.
(c) 
Streets on and adjacent to the tract, including all streets shown on the Official Map: name and right-of-way width and location; type, width and elevation of surfacing; established center line elevations; walks, curbs, gutters, bridges, culverts, etc.
(d) 
Utilities on and adjacent to the tract: location, size and invert elevation of sanitary sewers, storm sewers, culverts, ditches or other facilities for drainage; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles and streetlights. If water mains and sewers are not on or adjacent to the tract, indicate the direction and approximate distance to and size of nearest ones, showing invert elevation of sewers or culverts. Where drainage is to be a natural watercourse or drainage ditch, the elevation of water in such watercourse or ditch at a recognized flood stage shall be shown.
(e) 
Ground elevations on the tract: based on a datum plane approved by the engineer (USGS recommended) for land that slopes less than approximately 2%, show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points, not more than 100 feet apart in all directions; for land that slopes more than approximately 2%, either show contours with an interval of not more than five feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings when special problems warrant.
(f) 
Subsurface conditions on the tract, if required by the Planning Commission: location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater, unless test pits are dry at a depth of five feet.
(g) 
Other conditions on the tract: watercourses, wetlands, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, other structures and other significant features.
(h) 
Other conditions on adjacent land: approximate direction and gradient of ground slope, including any embankments or retaining walls; power lines, towers; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, filing date and number.
(2) 
Land title and survey. Land title and survey shall include a deed description according to official records; the names and addresses of record owners; a map of survey of tract boundary (including all pertinent bearings and distances) made and certified by a registered land surveyor, tied into established City reference points; notation stating acreage, scale, North point, bench marks and date of survey.
(3) 
Preliminary plan. The preliminary subdivision plan shall be at a scale of not less than 200 feet to the inch (preferred scale: one inch equals 100 feet). It shall show or be accompanied by existing conditions data required in Subdivision A and shall show all proposals, including the following:
(a) 
Streets: name, right-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any.
(b) 
Other rights-of-way or easements: location, width and purpose.
(c) 
Utilities: location of utilities if not shown on other exhibits.
(d) 
Lots: lot lines, lot numbers and block numbers.
(e) 
Public uses: sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.
(f) 
Nonpublic uses: sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.
(g) 
Site data: include number of residential lots, typical lot size and acres in parks, etc.
(h) 
Names: subdivision name or title under which to be eventually filed, also scale, North point, date and name and address of subdivider and designer, if any.
(4) 
Other preliminary plans.
(a) 
When required by the Planning Commission, the preliminary layout should include profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, typical cross sections of the proposed grading, roadway and sidewalks; preliminary designs of any bridges and culverts which may be required; preliminary plan of proposed water mains to connect with existing public water supply; preliminary plan of proposed sewers (with grades and sizes indicated) connecting with existing sanitary sewerage systems; preliminary plan for collecting and discharging storm drainage.
(b) 
All elevations shall be based on a datum plane approved by the engineer.
(5) 
Protective covenants. Draft of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development shall be included.
F. 
Performance bond and filing fee with preliminary layout.
(1) 
A performance bond in the amount of 50% of the amount determined by the City Engineer's estimate of the cost of improvement for water lines, sanitary sewers, storm sewers, drainage inlets, manholes, street grading, street paving, curbs, sidewalks or other items as may be required in fulfillment of the requirements of this chapter shall be required to be filed with the preliminary layout plan with the City Clerk, binding the owner to the City, to install and complete the subdivision in accordance with the filed plans and provisions of this chapter.
(2) 
A filing fee in an amount to be established by the Common Council of the City of Oneonta by resolution from time to time per lot shall be paid the City Clerk when the preliminary layout is filed in the Clerk's office for the conditional approval of the Planning Commission.
G. 
Procedure for final approval.
(1) 
Plat to conform to preliminary layout. The final subdivision plat shall conform substantially to the preliminary layout as approved. If desired by the subdivider, it may constitute only that portion of the approved preliminary layout proposed to be recorded and developed at the time, provided that such portion conforms to all requirements of these and other local, state and federal regulations.
(2) 
Time for filing final plat. Application for approval of the subdivision plat shall be submitted, in writing, to the Planning Commission at least five working days prior to the meeting at which it is to be considered and shall include three hard copies and one electronic copy of the plat and other exhibits required for approval. Such application shall be submitted within six months after approval of the preliminary layout; otherwise, such preliminary approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.
(3) 
Action by Planning Commission. The Planning Commission shall submit the final plat to the City Engineer and the Board of Public Service for examination. After receiving the approval of the City Engineer and of the Board of Public Service, the Planning Commission shall approve, modify and approve or disapprove such plat within 45 days after the application for final approval was filed. Failure of the Planning Commission to take any action within such 45 days shall be deemed to be approval of the plat, and the City Clerk shall, upon demand, issue a certificate as provided in General City Law § 32. Approval, however, shall not be deemed final until the subdivider has complied with the provisions of Subsection H with respect to certification that the required improvements have been completed or bond satisfactory to the Common Council has been posted in lieu thereof.
(4) 
Offers of cession to be tendered. The subdivider will be required to tender offers of cession in a form certified as satisfactory by the City Attorney of all land included in streets, parks or other public areas not specifically reserved by him or her, but approval of the plat by the Planning Commission does not constitute an acceptance by the City of the dedication of these facilities.
(5) 
City Clerk's duties.
(a) 
After the completion of the foregoing details and notation to that effect upon the application, the plat shall be signed by the City Clerk and shall be deemed to have final approval.
(b) 
The City Clerk shall file with the Clerk of Otsego County a certificate showing that the Planning Commission has been authorized to approve plats pursuant to Article 3 of the General City Law.
(6) 
Filing in County Clerk's office. Within 90 days thereafter, the owner shall file the approved plat in the office of the County Clerk of Otsego County; otherwise, such approval shall expire.
H. 
Final subdivision plat.
(1) 
Specifications. The final subdivision plat shall be made from ink on mylar or other suitable reproducible surface, at a minimum of 20 inches by 20 inches in size. The scale shall be 40 feet to the inch with vertical scale five feet to the inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in continuous sections satisfactory to the Planning Commission. It shall be prepared by a licensed land surveyor and his seal shall be affixed before filing with the City Clerk.
(2) 
Required information. The final plat shall show the following:
(a) 
Control points: primary control points, approved by the Engineer, or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data on the plat shall be referred.
(b) 
Boundaries: tract boundary lines, right-of-way lines of streets, easements and other right-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii arcs and central angles of all curves.
(c) 
Right-of-way: name and right-of-way width of each street or other right-of-way.
(d) 
Easements: location, dimensions and purposes of any easements.
(e) 
Identification system: number to identify each lot or site in numerical order within block; letter to identify each block.
(f) 
Purpose of reserved sites: purpose for which sites other than residential lots are dedicated or reserved.
(g) 
Monuments, bench marks: location and description of monuments (shown thus: "X"), lot corner markers (shown thus: "O") and bench marks (shown thus: "BM").
(h) 
Owners of adjoining unplatted land: names of record owners of adjoining unplatted land.
(i) 
Adjoining recorded subdivisions: reference to recorded subdivision plats of adjoining platted land by record name, date and number.
(j) 
Certification by surveyor: certification by registered land surveyor, including name, address, New York State license number and seal, certifying to accuracy of survey and plat.
(k) 
Certification of title: certification of title showing that applicant is the landowner or optionee.
(l) 
Water and sewage disposal requirements. Where any water or sewer line, water plant or sewage treatment plant is to be installed by a developer, detailed engineering drawings and specifications must be submitted.
(m) 
Engineering and legal requirements.
[1] 
Title, scale, North point and date shall be indicated on the plat.
[2] 
Cross sections and profiles of streets, drains and sewers, showing grades approved by the City Engineer. The profiles shall be drawn to standard scales and elevations and shall be based on a datum plane approved by the engineer (USGS recommended). The same must be prepared by a licensed professional engineer (PE) in the event construction cost exceeds $10,000.
[3] 
Statement by the City Engineer certifying that the subdivider has complied with one of the following alternatives shall be required:
[a] 
All required improvements have been installed in accordance with these regulations and the requirements of the Planning Commission giving conditional approval of the preliminary layout.
[b] 
A bond or certified check has been posted, which is available to the City and in sufficient amount to assure such completion of all required improvements.
[c] 
Offers of cession by dedicating streets, rights-of-way and any sites for public use, and agreements covering the improvement and maintenance of unceded public places and the conditions and time limits, if any, applying to site reservations shall be submitted with the final subdivision plat.
[d] 
Statement by the City Attorney approving as to legal sufficiency all offers of cession, all covenants governing the maintenance of unceded public open space, and any action taken to establish or extend water and/or sewer facilities; also approving the sufficiency of any bond offered in lieu of the completion of required subdivision improvements.
[e] 
Protective covenants in form for recording, including covenants governing the maintenance of unceded public spaces or reservations.
(n) 
Other requirements. Such other certificates, affidavits, endorsements or other agreements as may be required by the Planning Commission in the enforcement of these regulations. In special cases where there are potential hazards of flooding, landslides or other hazards in the opinion of the City Engineer, the City may require the services of an independent engineer or expert to recommend conditions under which the subdivision may be approved. The expense of such engineer or expert shall be borne by the subdivider.
A. 
Streets.
(1) 
Generally. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and to the Official Map, if any, and shall be considered in their relation to other existing and planned streets, to topographical conditions, to public conveniences and safety, and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets.
(2) 
Streets in a subdivision shall:
(a) 
Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(b) 
Conform to a plan for the area approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance of or conformance with existing streets impracticable.
(3) 
Right-of-way for railroads, highways. Where a subdivision borders on or contains a railroad right-of-way or controlled access highway right-of-way, the Planning Commission may require a street approximately parallel to and on each side of that right-of-way. The streets may be at a distance suitable for the appropriate use of the intervening land. Such land uses may be for park purposes in residential districts or for business, commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(4) 
Reserve strips. Reserve strips controlling access to streets, water plants or sewage treatment plants, or to other land dedicated or to be dedicated to public use, shall be prohibited, except where their control is placed in the City under conditions approved by the Common Council.
(5) 
Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.
(6) 
Tangents. A tangent at least 100 feet long shall be introduced for reverse curves on arterial and collector streets.
(7) 
Angles of intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 75°. The Planning Commission may waive this requirement if adequate channelizing or divisional islands are provided to ensure traffic safety.
(8) 
Property lines at intersections. Property lines at street intersections shall be rounded with a radius of 10 feet. Larger radii, comparable cutoffs, or chords may be allowed with Planning Commission approval.
(9) 
Curb radii. Curb radii at intersections shall be not less than 20 feet.
(10) 
Street right-of-way widths. Street right-of-way widths shall be not less than as follows:
Street Type
Minimum Right-of-Way Width
(feet)
Arterial
80, not including right-of-way for marginal access streets, if any
Collector
60
Minor
50
Marginal access
40
(11) 
Half-streets. Half-streets should be avoided.
(12) 
Dead-end streets. Dead-end streets are discouraged. Requests for approval from the Planning Commission should include a turnaround terminus for emergency vehicles and a length no more than 600 feet.
(13) 
Street names. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Common Council.
(14) 
Maximum street grades. Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves and not with less than 200 feet between changes of grade:
Street Type
Maximum Percentage Grade
Arterial
4
Collector
8
Minor
12
Marginal access
8
(15) 
Minimum street grades. To facilitate drainage, a minimum two-percent grade is required.
(16) 
Alleys.
(a) 
Generally. Alleys may be required to facilitate access and safety on commercial, industrial, and special case areas of the City and must be approved by the Planning Commission. Dead-end alleys should be avoided and approved only in special cases; turnaround areas may be required.
(b) 
Width. The width of an alley, if required, shall not be less than 20 feet.
(c) 
Dead-end alleys. Dead-end alleys shall be avoided, where possible, but if unavoidable shall be provided with adequate turnaround facilities at the closed end, as required by the Planning Commission.
B. 
Blocks.
(1) 
Length. Block lengths should not exceed 1,600 feet, nor be less than 400 feet. Blocks shall not be less than 250 feet wide.
(2) 
Intersections with arterial streets. Pedestrian crosswalk rights-of-way not less than 10 feet wide shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.
C. 
Lots.
(1) 
General requirements. All City lots shall conform to the requirements of this chapter, including area, width, and minimum setbacks.
(2) 
Land subject to flooding. Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard. See also Chapter 134, Flood Damage Prevention.
(3) 
Access. The subdivision of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.
(4) 
Side lot lines. Side lot lines shall be as close as possible to right angles with the street lines.
D. 
Easements.
(1) 
Utilities. Easements across or along lot lines shall be provided for utilities where required. Underground installation of such utilities is encouraged.
(2) 
Stormwater easements. Stormwater easements shall be allowed for all watercourses, drainage, channels, and streams. These easements shall conform substantially with the line of such watercourses. Alternative methods with adequate capacity for flood levels shall be allowed with Planning Commission approval.
E. 
Public sites and open spaces.
(1) 
Authority of the Planning Commission. The Planning Commission may require the dedication or reservation of areas within a large, newly planned development. These areas may be considered for parks, playgrounds, recreational or open space uses that are deemed essential to the full development of the project.
(2) 
Purchases of sites. Where a proposed park, playground or other recreational or public site is located in whole or in part in a new subdivision, the Planning Commission shall request the appropriate local authority to negotiate for the outright purchase of necessary sites by the City.
F. 
Recreation site fees in lieu of dedication of land.
(1) 
Authorized amount. In lieu of, or in addition to, the dedication or reservation of areas or sites for playgrounds or other recreational uses, the Planning Commission may require the payment of a playground or recreational site fee which shall be established from time to time by resolution by the Common Council of the City of Oneonta per lot where appropriate conditions require.
(2) 
Payment, disposition. Such fee shall be paid to the City Clerk prior to the approval of the final plat.
A. 
Monuments, markers and bench marks.
(1) 
Placement of monuments; specifications.
(a) 
Monuments shall be placed at points of change in alignment, block corners, angle points and at such intermediate points as approved by the City Engineer and as directed by the Planning Commission. Plats submitted for filing shall show monuments certified as having been placed by a licensed land surveyor, and the same shall bear the signature and seal of a licensed land surveyor.
(b) 
The monuments shall be of granite six inches square, imbedded in concrete to a depth of four feet or of metal, with a brass top, imbedded at a depth of four feet, level with the ground area.
(2) 
Survey required. As buildings are completed and surveyed, a copy of the survey shall be furnished to the Engineering Department, which said survey shall bear the signature and seal of a licensed land surveyor.
(3) 
Bench mark required. For all developments of 12 lots or more, a permanent bench shall be established referenced to USGS and tied to the elevations shown on all plans, subject to the approval of the City Engineer.
B. 
Utility and street improvements. Utility and street improvements, when required in each subdivision, shall be in accordance with the standards and specifications established by the City of Oneonta.
C. 
Installation, costs and dedication.
(1) 
Generally. Water, sewer, subsurface drainage, storm drainage, grading, paving, curbs, streets, sidewalks and all other necessary improvements shall be made by the owner and developer of the subdivision and shall conform to the standards set forth in this chapter. All improvements above set forth shall be made subject to the direction, control and approval of the City Engineer and Board of Public Service.
(2) 
Cost. The cost of sewers, water lines, subsurface drainage, grading, paving, curbs, streets, sidewalks, storm drainage and other necessary improvements shall be wholly borne by the owner and developer of the subdivision, unless the Common Council, by appropriate action, shall determine and provide otherwise.
(3) 
Dedication and conveyance. In the event that sewers, water lines, subsurface drainage, storm drainage, streets, curbs, sidewalks, lights and other improvements are dedicated to and conveyed to the City after their installation, the same must conform to the standards set forth in this chapter before acceptance by the City, and the conveyance thereof shall be at no cost to the City except for agreement for future maintenance.
Any person violating any provision of this chapter shall be subject to the same penalty, forfeiture, imprisonment and other procedure as provided in Article IX, Administration and Enforcement.