[Amended 4-5-2022 by L.L. No. 1-2022]
By authority of the resolution adopted by the Village Board on the 11th day of August 1970, pursuant to the provisions of Article VI-A of the Village Law,[1] the Village of Altamont Zoning Board of Appeals has the power and the authority to approve or disapprove plats for subdivision within the Village of Altamont.
[1]
Editor's Note: Now Art. 7 of the Village Law.
In order that land in the Village of Altamont may be subdivided in accordance with the policy set forth herein, these regulations are hereby adopted and shall be known and may be cited as the "Village of Altamont Land Subdivision Regulations."
[Amended 4-5-2022 by L.L. No. 1-2022]
It is declared to be the policy of the Village of Altamont Zoning Board of Appeals to consider land subdivision plats as part of a plan for the orderly, efficient, and economical development of the Village. This shall be interpreted to include the following objectives which shall guide the Zoning Board of Appeal's decisions:
A.
Land must be buildable and free of hazard. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health and safety or peril from fire, flood, erosion or other menace.
B.
Proper provision shall be made for stormwater drainage, water supply, sewage disposal, erosion control, and other needed improvements and utilities.
C.
Proposed streets and new parks and other public ways or spaces shall compose a convenient system conforming to the Official Map (as it may be adopted) and shall comply with the Village of Altamont Comprehensive Plan and all other local ordinances and laws.
D.
The proposed development shall be esthetically compatible with the existing development and character of the Village in compliance with applicable tenants of the Village of Altamont Comprehensive Plan and Architectural Design Standards (as they may be adopted).
E.
Natural and historic features shall be preserved. Insofar as possible, all existing features of the landscape, such as large trees, water and flood courses, historic sites and other such irreplaceable and environmentally sensitive areas and assets, should be preserved.
Where these regulations impose greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, these regulations shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by these regulations, such greater restrictions shall not be affected by these regulations. Should any of these regulations conflict or be inconsistent with any provision of the Village Law, such provision of the Village Law shall apply.
Whenever any subdivision of land in the Village of Altamont is proposed, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision before any contract for sale of any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted. Approval of a proposed subdivision shall be obtained in accordance with the procedure specified in Articles II and III.
Nothing in these regulations shall prohibit the subdivider from placing self-imposed restrictions, not in violation of these regulations, on the development. Such restrictions, however, shall be indicated on the plat.
A.
Except where specifically defined herein, all words used in these regulations shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive.
B.
"Building" or "structure" includes any part thereof. A "building" includes all other structures of every description except fences and freestanding walls, regardless of dissimilarity to conventional building forms. The word "lot" includes the word "plot" or "parcel."
C.
The word "person" includes a corporation as well as an individual. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied by or for."
For the purpose of these regulations, certain words used herein are defined as follows:
A public or private way located through the interior of blocks and permanently reserved as a secondary means of access to abutting property.[1]
The land adjoining one side of a street between two consecutive junctions of said street with roads, railway rights-of-way or waterways crossing or meeting said side of street.
A lot having a buildable area capable of accommodating proposed principal and accessory improvements and including, where required, an on-site water supply facility and sewage treatment system that meet the standards of the Albany County Department of Health.
Any structure other than a boundary wall or fence.
The space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard setbacks and includes all areas of disturbance, including yards, septic fields, well fields, and driveways.
The ground floor area of any building measured from the outside of the exterior walls at the foundation.
The line of that face of the building nearest the front property line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
The three-dimensional bulk of a structure: height, width, and depth, height to be measured as height from grade to eave plus 1/2 height from eave to ridgeline of roof.
The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings.
A line parallel to the street curbline along which at least 50% of a building's outside wall must be built. Lots fronting on more than one street shall contain a build-to line along each of the streets on which the lot faces. A build-to line typically runs parallel to the front property line and is established to create an even building facade line on a street.
Zoning requirements related to such things as lot area, yard dimensions, percentage of lot covered and regulations other than land use. Such requirements are set forth in the Village of Altamont Zoning Law.[2]
The subdivision of an area into lots which are smaller than would customarily be permitted by the Village of Altamont Zoning Law, the density of development is no greater than would be permitted in the district by conventional development, and the residual land produced by the smaller lot size is used for common recreation and open space.[3]
The long-range plan intended to guide growth and development of the Village, expressing official policy on the course of its housing, public utilities, community facilities, transportation and land use distribution and intensity and adopted according to New York State Village Law.
A conceptual sketch showing the proposed subdivision in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located.
The approval of the conceptual sketch layout of a proposed subdivision but subject to the approval of the plat in preliminary or final form in accordance with the provisions of this chapter.
Approval by the Zoning Board of Appeals of a preliminary or a final plat subject to such conditions as may be set forth by the Zoning Board of Appeals in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Zoning Board of Appeals and recording of the plat in the office of the County Clerk or Registrar as herein provided until the Chairperson of the Zoning Board of Appeals or Building Inspector certifies that all conditions have been met.
[Amended 4-5-2022 by L.L. No. 1-2022]
The curved edge of streets at an intersection measured at the outer edge of the street curb.
A street or a portion of a street with only one vehicular outlet and with a turnaround at its terminus.
[Amended 1-5-2010 by L.L. No. 1-2010]
The gravitational movement of a liquid substance, normally water, from its place of origin via surface runoff within or outside developed channels or via baseflow (subsurface) or overland flow.
A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
The process by which the surface of land is worn away by the action of water, wind and/or rain.
A plan showing mitigation measures, such as vegetation and structures, in sufficient quantity and substance to prevent erosion and sedimentation; also includes a schedule for the implementation of such plan.[4]
A drawing prepared by a New York State licensed professional engineer or land surveyor (with appropriate certification), in a manner prescribed by these regulations, showing a proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Zoning Board of Appeals at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved and which, if approved, may be filed or recorded by the owner in the office of the Albany County Clerk.
[Amended 4-5-2022 by L.L. No. 1-2022]
The signing of a plat in final form by a duly authorized officer of the Zoning Board of Appeals pursuant to a Zoning Board of Appeals resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the office of the County Clerk.
[Amended 4-5-2022 by L.L. No. 1-2022]
An interconnected system of streets that is primarily a rectilinear grid in pattern.
A parcel of land, with or without buildings or structures, delineated by property lines and recorded in the office of the County Clerk of Albany County.
Low-impact development (LID) is an innovative stormwater management approach with a basic principle that is modeled after nature: manage rainfall at the source using uniformly distributed, decentralized, microscale controls. LID's goal is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to its source and limit municipal management of source stormwater. LID addresses stormwater through small, cost-effective landscape features located at the lot level.
A street intended to serve primarily as an access to abutting residential properties.
The map, and any amendments thereto, adopted by the Village Board under § 7-724 of the Village Law and that shows all existing and proposed municipal streets, parks, and infrastructure. This map is not the Official Zoning Map.
[Amended 1-5-2010 by L.L. No. 1-2010]
The date when a subdivision plat shall be considered submitted to the Zoning Board of Appeals, as provided in § 7-728 of the Village Law, hereby defined to be the date of the meeting of the Zoning Board of Appeals at which all required surveys, plans and data described in Article V are submitted.
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
A right-of-way, publicly or privately owned, intended for human movement by walking or biking.[5]
Pocket (block) parks are intended to meet the needs of residents or workers within about a tenth of a mile. Pocket parks are less than 20,000 square feet, with no minimum size. No parking is needed. Pocket parks may include such elements as small-scale play equipment, public gardens, seating areas, passive open space, landscaped areas, important natural features, or trees.
A drawing prepared in the manner prescribed in Article III of this chapter showing the layout of a proposed subdivision, including but not restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, and all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as this chapter requires.
The approval of a proposed subdivision as set forth in a preliminary plat but subject to the approval of the final plat in accordance with the provisions of Article III.
A change in a subdivision plat or resubdivision plat filed in the office of the Albany County Clerk which change affects any street layout shown on such plat, affects any area reserved thereon for public use, or diminishes the size of any lot shown thereon.
A portion of the Environmental Conservation Law which incorporates the consideration of environmental factors in the planning, review and decisionmaking process at the earliest possible time.[6]
The distance between the building and any lot line.
FRONTThe space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
SIDEThe space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
A right-of-way for vehicular traffic, including road, alley, avenue, lane, highway or other way.
A state or federal highway.[7]
A line midway between and parallel to the street right-of-way.
A street which carries traffic from subdivision streets to the arterial highways. Collectors may also serve as secondary arterials to carry traffic.
A street with only one vehicular traffic outlet, culminating in a turnaround.
Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, kiosks, public gazebos, signposts, bicycle racks, railings and fences, fountains, and memorials.
A street with only one vehicular traffic outlet which loops around back onto itself.
A street adjacent and parallel to an arterial or collector street, the function of which is to limit access points between the arterial or collector street and the abutting properties.
The wearing or exposed surface of the roadway used by vehicular traffic.[8]
A private thoroughfare or right-of-way, dedicated or deeded for use as such, which provides access to abutting properties from a public street.
An existing municipal highway or road shown upon a subdivision plat approved by the Zoning Board of Appeals and dedicated and accepted by the Village Board or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Zoning Board of Appeals and the grant to such Board of the power to approve subdivision plats.
[Amended 4-5-2022 by L.L. No. 1-2022]
The sum of the man-made and planted features that create the character of the street as a public space. Streetscape features may be located within and adjacent to the right-of-way. Streetscape features include street trees and plantings, streetlights, street furniture, sidewalks, median strips and islands, public art, banners and flags, signs and awnings, and similar publicly visible features.
The distance between property lines.
Any person, firm, corporation, partnership, or association who or which shall lay out, for the purpose of sale or development, any subdivision or part thereof as defined herein, either for himself or others.
The division of any parcel of land into two or more lots, plots, sites, or other subdivision of land, with or without streets, for the purpose of immediate or future sale or building development. Such division shall include resubdivision of plats already filed in the office of the County Clerk if such plats are entirely or partially undeveloped.
MINOR SUBDIVISIONAny subdivision containing not more than two lots, each to be of at least the minimum size as permitted by the Zoning Law (as it may be adopted), each fronting on an existing public street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel or adjoining properties, and not in conflict with any provision or portion of the Comprehensive Plan (as it may be adopted).
[Amended 1-5-2010 by L.L. No. 1-2010]
MAJOR SUBDIVISIONAny proposed subdivision in which land is to be divided into three or more lots within a period of two years from the date of approval of the first subdivision and that is not classified as a minor subdivision.
The final map or drawing on which the subdivider's plan of subdivision is presented to the Zoning Board of Appeals for approval and which, if approved, will be submitted to the County Clerk for recording.
[Amended 4-5-2022 by L.L. No. 1-2022]
The duly appointed Village Superintendent of Public Works or other such authorized official.
Any body of land, including contiguous parcels of land under one ownership or under common control of any group of persons, even if such land is divided by a street.
An engineering firm, appointed by the Village Board, to represent the Village in the subdivision review, construction and dedication process.
A spring, stream, marsh or channel in which water historically flows continuously 12 months a year.
A spring, stream, marsh or channel in which water historically flows less than 12 months a year.
The Village of Altamont Zoning Board of Appeals.
[Added 4-5-2022 by L.L. No. 1-2022]
[3]
Editor's Note: The definition of "collector street" which immediately followed this definition was deleted 1-5-2010 by L.L. No. 1-2010. See the definition of "street, collector."
[5]
Editor's Note: The former definition of "Planning Board," which immediately followed this definition, was repealed 4-5-2022 by L.L. No. 1-2022.
[6]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law and 6 NYCRR 617.
