[HISTORY: Adopted by the Common Council of the City of Gloversville
8-10-1965 as Ch. 83 of the 1965 Code. Amendments noted where applicable.]
By ordinance adopted by the Common Council on the 1st day of July 1958,
the Planning Commission of the City of Gloversville has power and authority
to approve plats for subdivisions within the City of Gloversville pursuant
to the provisions of Article II of the General City Law as a basis for such
approval, the Planning Commission prescribes the following regulations.
This chapter is enacted for the following purposes:
A.
To provide for the future growth and development of the
city.
B.
To afford adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare.
C.
To show in proper cases a park or parks suitably located
for playground or other recreational purposes.
D.
To require that the streets and highways shall be of
sufficient width and suitable grade and shall be suitably located to accommodate
the prospective traffic, to afford adequate light and air, to facilitate fire
protection and to provide access of fire-fighting equipment to buildings.
E.
To assure that the subdivision streets and highways shall be coordinated so as to compose a convenient system conforming to the Official Map and properly related to the Master Plan and Ch. 300, Zoning.
F.
That the land shown on such plats shall be of such character
that it can be used safely for building purposes without danger to health
or peril from flood, fire or other menace.
For the purpose of this chapter, which shall be known and may be cited
as the "City of Gloversville Subdivision Regulations," certain words used
herein are defined as follows:
Minor ways which are used primarily for vehicular service access
to the back or the side of properties otherwise abutting on a street.
Those which are used primarily for traffic with limited access.
The final map or drawing on which the plan of subdivision is presented
to the Planning Board for approval and which, if approved, will be submitted
to the County Clerk for recording.
Those streets which carry traffic from minor streets to the business
and industrial districts.
Streets which are generally parallel with and adjacent to arterial
streets and highways and provide access to abutting properties and protection
from through traffic.
A comprehensive plan prepared by the Planning Commission, which plan
indicates the general locations recommended for the various functional classes
of public works, places and structures and for the general physical development
of the City of Gloversville, and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
Those Streets which are used primarily for access to abutting residential
properties. A "cul-de-sac" is a "minor street" with only one (1) outlet and
having a turning loop at the closed end.
The map, established by the City of Gloversville pursuant to Article
III of the General City Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law and any amendments thereto adopted
by the Common Council or additions thereto resulting from the approval of
subdivision plats by the Planning Commission and the subsequent filing of
such approved plats.
The general plan of subdivision, drawn to scale, and showing the
pattern of streets and lots as proposed by the developer.
A way for vehicular traffic.
The division hereafter of any parcel of land into two (2) or more
lots or parcels for the purpose of transfer of ownership or building development,
or, if a new street is involved, any division of a parcel of land, provided
that a division of land for agricultural purposes into lots or parcels of
five (5) acres or more and not involving a new street shall not be deemed
a "subdivision." The term includes resubdivision of large lots of record and
the combination of substandard lots of record into larger lots and, when appropriate
to the context, shall relate to the process of subdividing or to the land
subdivided.
[1]A.
Preliminary plan; conditional approval.
(1)
A preliminary plan shall be prepared at an appropriate
scale. It shall show the proposed layout of streets, their relation to existing
topographic conditions and to adjacent streets, the pattern of lots and typical
lot sizes, playgrounds and other public areas, easements, building setback
line, the tract name and developer, North arrow, date, scale and the proposed
water supply and sewage disposal system.
(2)
Three (3) copies of the preliminary plan and supplementary
material specified shall be submitted to the Planning Commission for conditional
approval.
(3)
The Planning Commission shall, within forty-five (45)
days after the filing of the application, conditionally approve or disapprove
the preliminary plat as submitted or modified; and the Planning Commission
shall notify the subdivider, in writing, of its action. If conditionally approved,
the Commission shall state the conditions of such approval or, if disapproved,
shall notify the subdivider of the reasons thereof.[1]
B.
Procedure for approval of final plat.
(1)
The final plat shall conform substantially to the preliminary
plan as conditionally approved. If desired by the subdivider, the final plat
may constitute only that portion of the approved preliminary plan which he
proposes to record and develop at the time; provided, however, that such portion
conforms to all requirements of this chapter.
(2)
Application for approval of the final plat shall be submitted
in writing to the Planning Commission by filing same with the Chairman of
the Planning Commission at least ten (10) days prior to the monthly meeting
at which it is to be considered.
(3)
Three (3) copies of the final plat and other exhibits
required for approval shall be submitted to the Planning Commission within
six (6) months after conditional approval of the preliminary plan; otherwise
such conditional approval shall become null and void unless an extension of
time is applied for and granted by the Planning Commission.
A.
Streets.
(1)
The arrangement, character, extent, width, grade and
location of all streets shall conform to the Master Plan and shall be considered
in their relation to existing and planned streets, to topographical conditions,
to public convenience and safety, and to the proposed uses of the land to
be served by such streets.
(2)
The arrangement of streets in a subdivision shall either:
(a)
Provide for the continuation, if appropriate, of major
streets in surrounding areas; or
(b)
Conform to a plan for the neighborhood approved by the
Planning Commission to meet a particular situation where topographical or
other conditions make continuance or conformance to existing streets impracticable.
(3)
Minor streets shall be so laid out that their use by
through traffic will be discouraged.
(4)
Where a subdivision abuts or contains an existing or
proposed arterial street or railroad, the Planning Commission 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 treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and local traffic.
(5)
Street jogs with center line offsets of less than one
hundred fifty (150) feet shall be avoided.
(6)
A tangent between reverse curves shall be a minimum length
of one hundred (100) feet on arterial and collector streets and fifty (50)
feet on minor streets.
(7)
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 seventy-five degrees (75º).
(8)
Street right-of-way widths shall not be less than sixty
(60) feet, except that a minor residential street designed to serve a maximum
of twelve (12) houses may be fifty (50) feet wide.
(9)
Cul-de-sac streets shall not be longer than five hundred
(500) feet and shall be provided at the closed end with a turnaround having
an outside roadway diameter of at least eighty (80) feet and a street property
line diameter of at least one hundred twenty (120) feet. A "wye" may be used,
provided that a turning area sixty (60) feet wide and sixty (60) feet deep
shall be provided. Dead-end streets shall not be permitted.
(10)
No street or highway names shall be used which will duplicate
or be confused with the names of existing streets or highways. Street names
shall be subject to the approval of the Planning Commission.
(11)
Street grades shall be not less than five percent (5%)
nor more than ten percent (10%).
B.
Alleys.
(1)
Alleys shall be provided in commercial and industrial
districts, except that the Planning Commission may waive this requirement
where other definite and assured provision is made for service access, such
as off-street loading, unloading and parking consistent with and adequate
for the uses proposed.
(2)
The width of an alley shall be twenty (20) feet.
C.
Easements.
(1)
Adequate easements centered on rear or side lot lines
shall be provided for utilities where necessary. An easement width of twelve
(12) feet is desirable.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse and
such further width or construction, or both, as will be adequate for the purpose.
D.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be determined
with due regard to:
(a)
The type of development proposed.
(b)
Zoning requirements as to lot sizes and dimensions.
(c)
The need for convenient access, circulation, control
and safety of street traffic, with particular attention to limitation of the
number and location of points of ingress or egress.
(d)
Limitations and opportunities of topography.
(2)
Block lengths shall not exceed one thousand two hundred
(1,200) feet nor be less than six hundred (600) feet.
(3)
A pedestrian right-of-way, not less than ten (10) feet
wide, shall be provided where deemed essential by the Planning Commission
to provide circulation, or access to schools, playgrounds, shopping centers,
transportation and other community facilities.
E.
Lots.
(1)
The lot size, width, depth, shape and orientation and
the building setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated.
(2)
No lot shall have less area or width than the minimum
requirements of the zoning regulations applying to the district in which it
is located.[1]
(a)
Residential lots served by public water and public sewer
shall not be less than seventy (70) feet wide at the building setback line
nor less than eight thousand (8,000) square feet in area.
(b)
Residential lots serviced by public water but not public
sewer shall be not less than eighty (80) feet wide at the building setback
line nor less than ten thousand (10,000) square feet in area.
(3)
Corner lots for residential use shall have extra width
to permit appropriate building setback from and orientation to both streets.
(4)
The subdividing of land shall be such as to provide each
lot with frontage on an improved street. Every street shown on the plat that
is hereafter filed or recorded in the office of the County Clerk shall be
deemed to be a private street until such time as it has been formally offered
for cession to the public and formally accepted as a public street by resolution
of the Common Council or, alternatively, until it has been condemned by the
municipality for use as a public street.
(5)
Double-frontage and reverse-frontage lots should be avoided.
(6)
Side lot lines shall be substantially at right angles
or radial to street lines.
(7)
Off-street parking space shall be required for all uses.
In the case of dwellings, at least one hundred seventy (170) square feet of
off-street parking space per dwelling unit shall be provided back of the building
setback line, plus access drive and maneuvering space.
F.
Public sites and open spaces.
(1)
Where a proposed park, playground, school or other public
use shown in the Master Plan is located in whole or in part in a subdivision,
such area shall either be dedicated to the proper public agency or it shall
be reserved for acquisition by such agency within a specified period by purchase
or other means and an agreement shall be entered into between the subdivider
and the public agency regarding the time and method of acquisition and the
cost thereof.
(2)
Due regard shall be shown for preservation of outstanding
scenic, cultural or historical areas.
G.
Grading. Street layout, block-grading and lot-grading
data shall be shown. The objective is to establish the street grades, floor
elevations and lot grades in proper relation to each other and to existing
topography, considering property protection, appeal, use and drainage. The
developer shall allow no holes, depressions or other undrained areas to remain.
A.
General. Prior to the granting of final approval, the
subdivider shall have installed or shall have furnished adequate bond for
the ultimate installation of the required improvements listed and described
in this section. All of the required improvements shall be made in full compliance
with the specifications for each of the various units of work, as required
by the City of Gloversville or by state or county health authorities, according
to the nature of the improvements.
B.
Monuments. The tract boundary lines and the line of all
streets or roads shall be monumented with concrete, stone or iron-pin monuments.
C.
Street improvements. All streets and thoroughfares shall
be graded to their full width, including side slopes, and improved in accordance
with the minimum standards outlined or referred to below:
(1)
Subgrade by developer.
(a)
All topsoil shall be removed from the area sixteen (16)
feet on each side of the center line, unless a fill of three (3) feet or more
is required. Fills must be made with material approved by the City Engineer
and shall be placed in layers not over six (6) inches thick, and each layer
shall be properly rolled. All muck, quicksand, spongy material and any other
objectionable material shall be removed.
(b)
The subgrade of all streets and roads shall be graded
as follows: The center portion, sixteen (16) feet on each side of the center
line, shall be twelve (12) inches below the finished grade, as shown on the
street profile. After the subgrade has been properly shaped, it shall be thoroughly
rolled and compacted. Drainage ditches shall be provided on each side of the
street where curbs are not required, the center line of which shall be eighteen
(18) feet from the center of the street. Ditches shall be at least eighteen
(18) inches below finished shoulder grade, one (1) foot wide at the base,
with slopes one (1) foot vertical to one and five-tenths (1.5) feet horizontal.
The grade of the outside area or sidewalk and planting strip section shall
in no case be lower than the crown of the pavement nor more than eight (8)
inches above the crown. No gravel or stone is to be placed on the subgrade
until the subgrade is approved by the City Engineer.
(2)
Base course by developer.
(a)
The thickness and method of constructing the base course
may vary, depending upon the amount of traffic anticipated, the type of material
used and the condition of the subgrade. All materials and construction procedure
shall be subject to the approval of the City Engineer and shall comply with
current construction and material specifications of the New York State Department
of Public Works.
(b)
A base course consisting of not less than twelve (12)
inches of compacted stone or gravel approved by the City Engineer shall be
installed. Street and road culverts shall be installed by the developer where
necessary. Driveway culverts shall not be less than twelve (12) inches in
diameter and sixteen (16) feet in length, the material and installation to
be approved by the City Engineer. Where there is no natural stream or watercourse
for the drainage of surface water from the proposed street or road, the developer
shall secure rights-of-way and construct ditches or install stormwater sewers
to a natural waterway or as the City Engineer directs. After the base course
has been approved, the developer shall apply a coat of bituminous dust layer
at a rate of three-tenths (0.3) gallon per square yard.
(3)
Surface course. The surface course, if required, shall
be as specified by the City Engineer.
(4)
Curbs and gutters.
(a)
Where curbs exist on abutting properties, their extension
by the developer will ordinarily be required throughout the proposed subdivision.
(b)
Where curbs are not required, adequate gutters shall
be graded and protected by seeding or appropriate surfacing by the developer.
(c)
Concrete curbs shall be wall-type, six by eight by eighteen
(6 x 8 x 18) inches, and shall comply with current construction and material
specifications of the New York State Department of Public Works, Item 97.
(d)
Asphaltic concrete curbs are to be approved by the City
Engineer.
(5)
Sidewalks. The City Planning Commission may require such
sidewalks as it deems necessary to provide for the safety of pedestrians.
Concrete sidewalks at least four (4) feet wide and four (4) inches thick shall
comply with the current construction and material specifications of the New
York State Department of Public Works, Item 105.
D.
Water supply by developer. The developer shall connect
each house and lot with the public water supply.
E.
Sewage disposal system by developer. The developer shall
provide sanitary sewers and lateral connections for each lot. Connections
to public sanitary sewer lines shall be subject to the approval of and according
to the specifications of the City of Gloversville.
F.
Utilities. Electrical service, gas mains and other available
utilities shall be provided by the developer within each subdivision prior
to the approval of the final plan.
G.
Street trees and miscellaneous.
A.
The final plat shall be drawn at a scale of one hundred
(100) feet to one (1) inch or larger [preferred scale of forty (40) feet to
one (1) inch]. The final plat shall show the following:
(1)
Topographical data on the tract.
(2)
Tract boundary lines with bearings and distances, tract
area, right-of-way lines of streets, easements and other rights-of-way, and
property lines of residential lots and other sites, with accurate dimensions,
bearings or deflection angles, radii and central angles of all curves.
(3)
Name and right-of-way width of each street or other right-of-way.
(4)
Utilities on and adjacent to the tract; location, size
and invert elevation of sanitary and storm sewers; location and size of water
mains; location of gas lines, fire hydrants, electric and telephone poles
and streetlights.
(5)
Location, dimensions and purpose of any easements.
(6)
Number to identify each lot and block.
(7)
Purpose for which nonresidential lots are dedicated or
reserved.
(8)
Minimum setback line on all lots and other sites.
(9)
Location and description of monuments.
(10)
Names of record owners of adjoining unplatted land.
(11)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(12)
Certification by surveyor or engineer as to accuracy
of survey and plat.
(13)
Certification of title showing that the applicant is
the land owner.
(14)
Statement by the owner as to dedicating streets, rights-of-way
and any sites for public uses.
(15)
Site data, including number of residential lots and typical
lot size, linear feet of streets and number of acres in parks, etc.
(16)
Title, scale, North arrow and date.
B.
The final plat shall contain cross sections and profiles
of streets showing approved grades.
C.
The final plat shall contain a certificate by the municipality
certifying that the developer has complied with one (1) of the following alternatives:
(1)
All improvements have been installed in accord with the
requirements of this chapter and with the action of the Planning Commission
giving conditional approval of the preliminary plat; or
(2)
A bond or certified check has been posted, which is available
to the municipality, and in sufficient amount to assure such completion of
all required improvements.
D.
The final plat shall contain protective covenants in
form for recording.
E.
The final plat shall contain other data, such other certificates,
affidavits or endorsements as may be required by the Planning Commission in
the enforcement of this chapter.
A.
Hardships. Where the Planning Commission finds that practical
difficulty or extraordinary hardship, because of exceptional narrowness, shallowness
or shape of the specific parcel or because of unusual topographic conditions
or other unusual physical condition of the specific parcel, may result from
strict compliance with this chapter, it may grant a variance from the regulations
in the specific case, so that substantial justice may be done and the public
interest secured; provided that such variance will not have the effect of
nullifying the intent and purpose of the Master Plan or this chapter. In granting
a variance, the Planning Commission may require such conditions as will, in
its judgment, secure substantially the objectives of these subdivision regulations.
B.
Large-scale development. The standards and requirements
of this chapter may be modified by the Planning Commission in the case of
a plan and program for a new neighborhood unit, which in the judgment of the
Planning Commission provides adequate public spaces and improvements for the
circulation, recreation, light, air and service needs of the tract when fully
developed and populated, and which also provides such covenants or other legal
provisions as will assure conformity to and achievement of the plan.
C.
Public hearing. A public hearing shall be held by the
Planning Commission within thirty (30) days after the time of submission of
such plat for approval, which hearing shall be advertised in the official
newspaper at least five (5) days before such hearing.
[Amended 4-25-1995 by L.L. No. 4-1995]
Any person violating any provision of this chapter may be punishable
by a fine of not less than fifty dollars ($50.) nor more than two hundred
fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15)
days, or both, for each offense, and a separate offense shall be deemed committed
on each day on which a violation occurs and continues.
[Added 3-23-2004 by L.L. No. 3-2004]
