[Code 1964, § 21-1]
This chapter shall be known as and may be cited as "City of
Utica Subdivision Regulations."
[Code 1964, § 21-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The planning board of the city.
The duly designated engineer of the city.
A comprehensive plan prepared by the planning board pursuant
to section 28a of the General City Law which 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 and includes any unit or part of the plan separately adopted
and any amendment to the plan or parts of the plan.
The map established by the common council under sections
26 and 29 of the General City Law showing the streets, highways and
parks laid out, adopted and established by law and any amendments
to the map adopted by the common council or additions to the map resulting
from the approval of subdivision plats and the subsequent filing of
the approved plats.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the city engineer for approval
and which, if approved, will be submitted to the county clerk for
recording by the subdivider.
The preliminary drawing indicating the proposed layout of
the subdivision to be submitted to the city engineer for the engineer's
consideration.
A way for vehicular traffic, whether designated as street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or however otherwise designated.
(1)
Throughways or controlled-access highways are those which provide
express movement without interruption from cross traffic or from entering
vehicles.
(2)
Arterial streets and highways are those which are used primarily
for fast or heavy traffic with limited access.
(3)
Collector streets are those which carry traffic from minor streets
to the major system of arterial streets and highways including the
principal entrance streets of a residential development and streets
for circulation within such a development.
(4)
Minor streets are those which are used primarily for access to the
abutting properties.
(5)
SUBDIVISION
Marginal access streets are minor streets which are parallel to and
adjacent to arterial streets and highways and which provide access
to abutting properties and protection from through traffic.
The division of a parcel of land into three 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 acres or more and not involving a new street shall
not be deemed a subdivision. "Subdivision" includes resubdivision
and, when appropriate to the context, shall relate to the process
of subdividing or to the land subdivided.
[Code 1964, § 21-2]
General subdivision information shall describe or outline a
sketch plan or topographic survey which 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,
to scale, made directly on a print of the topographic survey. The
topographic data required shall include existing conditions as follows,
except when otherwise specified by the city engineer:
(1)
Boundary lines shall include bearings and distances.
(2)
Easements shall include location, width and purpose.
(3)
Streets on and adjacent to the tract shall include name and right-of-way
width and location; type, width and elevation of surfacing; any legally
established centerline elevations; walks, curbs, gutters, culverts,
etc.
(4)
Utilities on and adjacent to the tract shall include the location,
size and invert elevation of sanitary, storm and combined sewers;
the location and size of water mains; the location of gas lines, fire
hydrants, electric and telephone poles and street lights. If water
mains and sewers are not on or adjacent to the tract, the direction
and distance to and size of nearest ones, showing invert elevation
of sewers, shall be set out.
(5)
Ground elevations on the tract shall be based on a datum plane approved
by the city engineer. For land that slopes less than approximately
2%, spot elevations shall be shown 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 contours with an interval of not more than five feet, if
ground slope is regular and the information is sufficient for planning
purposes, or contours with an interval of not more than two feet,
if necessary because of irregular land or the need for more detailed
data for preparing plans and construction drawings, shall be shown.
[Code 1964, § 21-3]
(a)
The final plat shall conform substantially to the preliminary plat
and, if desired by the subdivider, may constitute only that portion
of the approved plat which the subdivider proposes to record and develop
at the time; provided, however, that this portion conforms to all
requirements of this chapter.
(b)
Three copies of the final plat, one of which shall be a cloth print,
and other exhibits required for approval shall be prepared and shall
be submitted to the city engineer for final approval.
[Code 1964, § 21-4]
The final plat shall be drawn at a scale of 100 feet to one
inch or larger, the preferred scale being 40 feet to one inch. For
large subdivisions the final plat may be submitted for approval progressively
in contiguous sections.
[Code 1964, § 21-5]
(a)
Monuments. Monuments shall be placed at block corners, angle points,
points of curves in streets and at such intermediate points as shall
be required by the city engineer. The monuments shall be of such material,
size and length as may be approved by the city engineer.
(b)
Utility and street improvements. Utility and street improvements
shall be provided in each new subdivision in accordance with the standards
and requirements described in the Charter of the city, all existing
ordinances and amendments to the Charter and article 11, title II
[§ 1115 et seq.] of the Public Health Law.
[Code 1964, § 21-6]
(a)
Hardship. When it is determined that extraordinary hardships may
result from strict compliance with this chapter, the common council
may vary the provisions so that substantial justice may be done and
the public interest secured, provided that this variation will not
have the effect of nullifying the intent and purpose of the master
plan or this chapter.
(b)
Large-scale development. The standards and requirements of this chapter
may be modified by the planning board for a plan and program for a
new, complete community or a neighborhood unit which, in the judgment
of the planning board, 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 provide any
covenants or other legal provisions that will ensure conformity to
and achievement of the plan.
[Code 1964, § 21-7]
No person shall sell or offer or advertise for sale any lands
in any new subdivision in the city purported, advertised or represented
to be platted into streets, avenues, highways or alleys without having
first filed in the office of the county clerk and the office of the
city board of assessment and taxation, a map of the subdivision having
on the map the written approval of the city engineer.
[Code 1964, § 21-8]
No new subdivision plan shall be spread upon the tax maps of
the city until the provisions of this chapter have been complied with.
[Code 1964, § 21-9]
[Code 1964, § 21-10]
The subdivision regulations in this chapter shall include sections
1116, 1118 and 1119 of the Public Health Law, as amended, and any
pertinent future laws or amendments of the state law. Any provisions
of this chapter inconsistent with the provisions of the Public Health
Law cited in this section are superseded if they are inconsistent
with the provisions of state law.
