[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.
