[Res. No. 91-96, 9-24-1996]
The common council, in reviewing an application for approval
shall be guided by the considerations and standards set forth in this
article. The common council shall take into account the prospective
character of the development and require that improvements be designed
to insure the reasonable protection of the public health, safety,
morals and general welfare. In addition, all improvements shall be
in accordance with the city's construction specifications.
(1)
Land to be subdivided and developed shall be of such character that
it can be used safely for building purposes without danger to health,
or peril from fire, flood or other menace.
(2)
Proper provisions shall be made for drainage, water supply, sewage
and other needed improvements.
(3)
All proposed lots shall be so laid out and of such size as to be
in harmony with the development pattern of neighboring properties.
(4)
A safe and convenient street system, consistent with the city's Comprehensive
Development Plan 1990-2010 and conforming to the Official Map, shall
be created. Streets shall be of such width, grade and location so
as to accommodate the type and volume of traffic that is anticipated,
to facilitate fire protection and to provide fire fighting equipment
with access to buildings.
(5)
Provisions shall be made to reserve open spaces for parks and playgrounds,
or to require recreation fees in lieu thereof, in order to achieve
the goals and objectives of the city's Comprehensive Development Plan
1990-2010 and the Official Map.
(6)
Insofar as possible, existing features of the landscape such as large
trees, rock outcrops, water and flood courses, historic components
and other significant assets that would add to the value of the site
should be preserved in the design of the subdivision.
(7)
The location and installation of sewer, water, gas, electricity,
street lighting and other public facilities shall be coordinated so
that they may be operated and maintained at minimum cost. Installation
shall be consistent with recognized standards including, but not limited
to, the Ten States Standards.
(8)
Pursuant
to Section 37 of the General City Law, the common council may modify
lot size and setback requirements of the zoning law in order to approve
cluster development. Such action may be taken if the common council
finds that cluster development would provide the most appropriate
use of land, would facilitate the adequate and economical provisions
of streets and utilities, would preserve the natural scenic qualities
of open lands, and/or would protect adjoining neighborhoods from the
potential impact of new development. A cluster development shall not
contain a greater number of dwelling units or building lots than would,
in the common council's judgement, be permitted if the site were subdivided
into lots containing the minimum lot size and density requirements
of the zoning law pertaining to the district or districts in which
such site is located, and conforming to all other applicable requirements.
[Res. No. 91-96, 9-24-1996]
(a)
Lot size and arrangement.
(1)
The dimensions and arrangements of lots shall be designed in
such a manner that, for reasons related to topography, reservations,
dedications or other conditions, there will be no foreseeable difficulties
in providing access to buildings on such lots or in securing building
permits in compliance with existing zoning regulations as well as
other city requirements.
(2)
The lot size, width, depth, shape, orientation and the minimum
building setback lines shall be appropriate for the subdivision and
for the type of development and use contemplated.
(3)
Subdivision lots should be laid out as much as possible so that
side or rear lot lines follow the centerlines of streams or drainage
ways that may lie within the subdivision.
(4)
Except as may be authorized by the common council under the
cluster development provisions of section 22-125, all lots shown on
the subdivision plat shall conform to the minimum lot size and setback
requirements specified for such lots in the city's zoning laws.
(5)
Notwithstanding any provision of law to the contrary, and except
as may be authorized by the common council under the cluster development
provisions, where a plat contains one or more lots which do not comply
with the city's zoning laws, application may be made to the zoning
board of appeals for an area variance pursuant to Section 81 of the
General City Law, without the necessity of a decision or determination
of an administrative official charged with the enforcement of the
zoning regulations. In reviewing such application, the zoning board
of appeals may request the common council to provide a written recommendation
concerning the proposed variance.
(6)
Corner lots shall have extra width sufficient to comply with
required building setback lines on both streets as required by the
city's zoning laws.
(7)
Where existing streets have been proposed for future widening,
all building setbacks shall be measured from the proposed right-of-way
line.
(8)
Side lines of lots shall generally be at right angles to straight
streets and radial to curved streets.
(9)
Block lengths and widths shall be appropriate to accommodate
the size of lots required by the city's zoning laws and to provide
for convenient access, circulation control and traffic safety.
(10)
Blocks intended for commercial or industrial use shall be designed
specifically for such purposes, with adequate space set aside for
off-street parking and delivery facilities.
(b)
Access.
(1)
Each lot shall have access to a street built to the city's specifications.
(2)
Where lots abut an existing state highway, the number of driveways
and/or streets entering onto these state highways shall be minimized.
Where a marginal access road is established, a nonaccess easement
shall be required along that portion of the lot next to and parallel
with the highway right-of-way line.
(3)
Where a watercourse separates the buildable area of a lot from
the street which provides access to the lot, provision shall be made
for the installation of a culvert or other drainage structure. Said
culvert or drainage structure shall be subject to the same design
criteria and review as all other stormwater drainage facilities in
the subdivision.
[Res. No. 91-96, 9-24-1996]
(a)
Design and layout of streets.
(1)
The design of the street pattern shall be based upon minor streets
connecting to collector streets.
(2)
The arrangement of streets in a new subdivision shall provide
for the continuation of existing streets into adjoining areas, and
shall reserve space for future street extensions where the adjoining
land has not been developed.
(3)
Local residential streets shall be designed so as to discourage
through traffic.
(4)
Local (minor) streets shall have a right-of-way of at least
50 feet in width and, unless otherwise provided hereinafter, a pavement
width of not less than 24 feet plus curbing.
(5)
Streets classified as collector streets by the common council
shall have a right-of-way of at least 66 feet in width and a pavement
width of not less than 36 feet plus curbing.
(6)
The minimum radius of horizontal curves, minimum length of vertical
curves and minimum length of tangents between reverse curves shall
be in accordance with specifications reviewed and approved by the
city director of public works. Such design features shall be reviewed
by the city director of public works, who shall report his recommendation
to the common council prior to final approval.
(7)
Street grades, wherever feasible, shall not exceed 8%, with
due allowance for reasonable vertical curves and with not less than
200 feet between changes of grade.
(8)
In order to facilitate drainage, no street grade shall be less
than 1%.
(b)
Construction of streets.
(1)
All streets shall be of asphalt pavement and meet all requirements
specified in the construction specifications approved by the common
council.
(2)
Concrete curbing shall be installed along all new streets.
(3)
Due to the general soil conditions within the city and normal
construction sequences for development, it is deemed to be in the
best interests of the city that following procedures be followed:
a.
Binder material shall not be placed prior to the completion
and approval of all underground utilities (including the private utility
lines) and a review of the road base by appropriate city inspectors.
b.
The weather and seasonal limitations as specified under the
Standard Specifications of the New York State Department of Transportation
shall apply for the placement of bituminous mixtures.
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Restrictions a. and b. imply completion of all underground systems
well in advance of the developer's schedule for paving.
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c.
Certificates of occupancy shall not be issued unless a proper
road surface as herein specified has been constructed.
d.
Prior to installing the top course of asphalt, the developer
shall substantially complete related construction in the vicinity
of the right-of-way. Appropriate steps shall be taken to limit the
accumulation of stormwater on the street. This will help to insure
that the top course of new pavement will be less susceptible to marring
or patching as a result of construction activity.
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Unless a specific waiver is obtained in writing from the city
director of public works, the final top course shall be installed
by the developer before the end of the construction season during
which the binder course was placed.
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Before the expiration of the maintenance bond and before the
final top is applied, the city and the developer shall hold a final
site review to assess any damages or repairs that are to be completed
by the developer under the maintenance agreement. Once the top course
has been installed, the developer shall obtain final acceptance of
all roadway improvements from the common council.
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(4)
Driveway culverts. The installation of driveway culverts requires
approval and a permit (as to location, size and material) from the
authority having jurisdiction over the road. New driveway culvert
installation shall be the responsibility of the subdivider or other
person following receipt of a permit therefor.
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The city reserves the right to remove and/or install driveway
or roadway culverts along any existing road to properly transmit surface
drainage as determined by the city director of public works.
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(c)
Street intersections.
(1)
The minimum distance between centerline offsets at street jogs
shall be 125 feet.
(2)
Minor streets and/or collector streets shall not intersect with
arterial streets less than 800 feet apart, measured from centerline
to centerline.
(3)
Except for street jogs and the intersection of minor streets
and/or collector streets with arterial streets, streets shall not
intersect within 200 feet of another intersection.
(4)
Streets shall not curve or turn significantly within 100 feet
of an intersection.
(5)
Whenever possible, streets shall intersect at right angles.
Streets may not intersect at angles of less than 75°.
(6)
Intersections involving the junction of more than two streets
shall not be permitted.
(7)
Curb radii at intersections shall be not less than 25 feet.
(d)
Access to adjacent parcels and subdivisions. All proposed subdivisions
shall be designed to provide access to adjacent properties. When a
proposed subdivision abuts an existing subdivision, the subdivider
shall make every attempt to design the street system of the proposed
subdivision to connect with dead-end or stub streets of existing subdivisions.
(e)
Cul-de-sac and dead-end streets.
(1)
If possible all cul-de-sac streets should drain toward their
entrance.
(2)
When a street extension is not possible, a cul-de-sac should
be designed so that the rear of the lots served by the cul-de-sac
back to the adjoining property.
(3)
No cul-de-sac shall exceed 400 feet in length.
(4)
All cul-de-sac streets shall have a turnaround at the end of
the street with a right-of-way diameter of not less than 120 feet;
the outer curb at the turn shall have a minimum diameter of 100 feet.
(5)
If a dead-end street is of a temporary nature, a turnaround
shall be provided and provisions made for the reversion of the excess
right-of-way to the adjoining property when the dead-end street is
extended into adjacent property.
(f)
Where a subdivision abuts or contains an existing street of inadequate
right-of-way width, additional right-of-way width may be required.
(g)
No street shall have a name that will duplicate, or so nearly duplicate
as to be confused with, the names of existing streets. The continuation
of an existing street shall have the same name. Street names shall
be shown on the preliminary and final plat maps approved by the common
council.
(h)
Where a subdivision abuts or contains an existing or proposed arterial
street, the common council may require special treatment of the land
areas bordering such street in order to protect residential properties
and to effectively separate through and local traffic.
(i)
Where a subdivision borders on or contains a railroad right-of-way,
the common council may require a street or streets parallel to such
right-of-way in order to make appropriate use of the land adjacent
to such right-of-way.
[Res. No. 91-96, 9-24-1996]
(a)
Although service drives may be permitted in commercial and industrial
districts, it is recommended that other provisions be made on private
property to insure that adequate off-street loading and unloading
and parking facilities are available to serve the proposed use.
(b)
The width of any proposed service drive shall not be less than 20
feet.
(c)
Dead-end service drives will not generally be approved. If dead-end
service drives are unavoidable, adequate turn-around facilities shall
be provided at the closed end, as required by the common council.
[Res. No. 91-96, 9-24-1996]
Concrete sidewalks shall be installed along both sides of all
new streets. Sidewalks shall be at least four feet in width.
[Res. No. 91-96, 9-24-1996]
All subdivisions of land shall result in parcels having at least
one access point to at least one street that can be improved to meet
city standards.
[Res. No. 91-96, 9-24-1996]
(a)
If a residential subdivision abuts an arterial street and adjacent
lots front on a marginal access street, a landscaped buffer area shall
be provided between the arterial street and the marginal access street.
This buffer strip shall not be less than 25 feet in width and shall
include both trees and shrubs. The common council may require buffers
in other areas, along with berms, to reduce noise levels and undesirable
vistas.
(b)
The arrangement of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
Possible arrangements include planting in parallel, serpentine, or
broken rows. If berms are used, the minimum top width shall be four
feet, and the maximum side slope shall be three feet of horizontal
distance for every one foot of vertical height.
(c)
Plant materials shall be of sufficient size and planted in such a
fashion that a year-round screen of at least eight feet in height
shall be produced within three growing seasons. All plantings shall
be installed according to accepted horticultural practices.
(d)
Plantings shall be watered regularly and in a manner appropriate
for the specific plant species through the first growing season. Dead
and dying plants shall be replaced by the subdivider during the first
two growing seasons. No buildings, structures, storage of materials,
or parking shall be permitted within the buffer area; buffer areas
shall be maintained and kept free of all debris, rubbish, weeds, and
tall grass.
[Res. No. 91-96, 9-24-1996]
If a tract is subdivided into lots which are more than twice
the size of the minimum lot size required in the zoning district in
which the subdivision is located, the common council may require that
streets and lots are laid out so as to permit future resubdivision
in accordance with the requirements contained in these regulations
and the city's zoning laws.
[Res. No. 91-96, 9-24-1996]
Standards for the design and construction of non-residential
subdivisions shall be governed by sound engineering and planning practice.
Utilities shall be sized commonsurate with the anticipated demand
based upon the full development of the subdivision.
[Res. No. 91-96, 9-24-1996]
The subdivider of any property may impose greater restrictions
on any development than those required by the city's subdivision and
zoning regulations. Such restrictions, if any, shall be indicated
on the preliminary and final subdivision plats.
[Res. No. 91-96, 9-24-1996]
(a)
Easements shall be provided in those instances where natural drainageways
and utility lines do not fall within dedicated rights-of-way. All
easements shall be plotted on the preliminary and final subdivision
plats. A clause shall be inserted in the deed of each lot affected
by an easement indicating the existence and purpose of the easement.
(b)
A drainageway easement shall be provided where a subdivision is traversed
by a swale, channel or stream. The easement shall be of such width
as will be adequate to preserve natural drainage and provide sufficient
width for maintenance.
(c)
To the fullest extent possible, easements shall be centered on or
adjacent to rear or side lot lines.
[Res. No. 91-96, 9-24-1996]
(a)
General. It is the city's intent to control the movement of soil
by employing effective erosion and sediment control measures before,
during and after site disturbance.
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Erosion and sediment control measures, both temporary and permanent,
shall be designed and presented for approval to the common council
prior to any site development or soil disturbance.
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The common council and its designated representatives will evaluate
submitted erosion and sediment control design plans against the most
current edition of the "New York Guidelines for Urban Erosion and
Sediment Control" manual, prepared by the USDA Soil Conservation Service.
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(b)
Vegetative controls. Site design techniques should include vegetative
measures in order to control surface water runoff, stabilize soil,
and entrap soil sediments generated from erosion.
(1)
Site slopes shall be graded to be stable and provide control
of any surface or subsurface water prior to vegetative plantings.
(2)
Site disturbance, especially in sensitive areas, shall be kept
at a minimum. Subdivision design shall minimize the removal of existing
trees, hedge rows and indigenous plant cover.
(3)
The developer shall take whatever action is necessary to establish
a stabilised vigorous stand of vegetative cover on all disturbed soils
as soon as possible following initial soil movement.
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If phasing is necessary to meet these conditions, the developer
shall present this information to the common council for its review.
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(c)
Structural controls. Some projects may require permanent erosion
and sediment controls. If these measures are determined to be necessary,
the city may require them to be fully functional before upland site
disturbance begins. Such structures may include, but are not limited
to, such features as siltation traps, ponds, diversion swales or dikes.
(d)
Maintenance measures. It is imperative that both the vegetative and
structural components are inspected periodically and maintained for
optimum erosion and sediment control.
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Temporary facilities shall be cleaned, repaired and/or replaced
by the subdivider as necessary in order to protect and maintain the
subdivision's original design criteria. Permanent facilities shall
be cleaned, repaired and/or replaced by the subdivider until such
time as said facilities have been accepted by resolution of the common
council, after which all cleaning, repair and replacement activities
shall the the responsibility of the city department of public works.
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(1)
Dedicated projects. If the subdivision involves the construction
and dedication of facilities to the city, the developer shall include
sufficient funds in the maintenance bond to cover the projected cost
of maintaining such facilities for a two year period following dedication.
(2)
Private projects. If a project includes facilities which are
not to be dedicated to the city, the developer shall be responsible
for the construction and proper maintenance of all erosion control
facilities. The continued acceptability of erosion control facilities
by the developer shall be determined by the code enforcement office
prior to the issuance of certificates of occupancy for buildings which
are constructed on lots in an approved final plat.
(e)
Penalty. The city is empowered to assess reasonable penalties to
a developer/site owner for failure to properly construct, operate
and maintain an approved soil erosion and sedimentation control plan.
The penalties may include, but shall not be limited to, the city's
costs for cleaning ditches, swales, drains or streams required due
to the failure of the developer to properly construct, operate and
maintain site erosion and sedimentation control devices.
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No further reviews of such projects shall be conducted by the
city until payments stemming from the city's charges have been satisfied
and/or satisfactory completion of the required erosion and sediment
control measures has occurred by the developer/site owner.
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[Res. No. 91-96, 9-24-1996]
All storm sewers and drainage facilities such as gutters, catch
basins, bridges, culverts and swales shall be designed for the development
and subject to the approval of the city. Such facilities shall be
designed to accommodate upland flows that may be generated from future
land development.
The following shall be observed as storm drainage facilities
are designed:
(1)
Lots shall be laid out and graded to provide positive drainage away
from buildings.
(2)
The stormwater management system shall be designed to prevent increased
runoff over adjacent properties.
(4)
Sump pumps or roof leaders shall not be permitted to discharge directly
to roadside gutters or channels.
(5)
The city shall require the completion of construction and the design
engineer's certification of all surface drainage improvements and
erosion control measures before any building permits are issued within
proposed subdivisions.
[Res. No. 91-96, 9-24-1996]
Lots in approved subdivisions shall connect to the city's sanitary
sewage system. The design and installation of sewers, and all appurtenances
thereto, shall be subject to the approval of the common council and
other appropriate agencies.
Prior to the issuance of a certificate of occupancy for new
construction, said new construction shall be inspected by a licensed
professional who shall certify to the city code enforcement office
that proper connections have been made to the public sanitary sewer
system.
[Res. No. 91-96, 9-24-1996]
Connection to the city's public water supply shall be required
for all new development. The developer shall provide and dedicate
to the city a complete water distribution system. The design and installation
of said system shall be subject to the approval of the common council
and jurisdictional agencies.
If a private on-site system is to be used as a supplemental
water supply, the following provisions shall apply:
(1)
The supplemental water supply shall serve a limited purpose which
shall be specified for and approved by the common council and the
city director of public works.
(2)
The individual source must have a minimum sustained flow of five
gallons per minute of potable water.
(3)
There must be a minimum flow pressure of 20 pounds at all fixtures
which are to be linked to the supplemental water supply.
(4)
A certificate of water quality and quantity from a New York State
approved testing laboratory shall be submitted to the code enforcement
office prior to the issuance of a building permit.
(5)
A backflow preventer shall be installed in accordance with NYS Public
Health Laws and there shall be no interconnections between the municipal
supply and an individual water supply system.
[Res. No. 91-96, 9-24-1996; amended 9-11-2018 by Res. No. 95-18]
(a)
Adequate site landscaping may be required of the subdivider on any
lands developed in the City. The Common Council shall notify the subdivider
after the sketch plan has been reviewed if a specific landscaping
plan is required. When required, the landscaping plan shall designate
plant species and locations.
(c)
At least one tree shall be planted within each lot in a subdivision.
Trees planted within private lots shall be outside the road or utility
rights-of-way and easements, in accordance with the following provisions:
[Res. No. 91-96, 9-24-1996]
Permanent reference monuments shall be set at final grade at
all corners and angle points along the boundaries of any major subdivision
plat and at all street intersections and at such other intermediate
points as may be required by appropriate agencies having jurisdiction
in the review and approval process of subdivision plats. These markers
shall be set by a land surveyor or engineer and certified to the city
as true and accurate before a certificate of occupancy may be issued.
[Res. No. 91-96, 9-24-1996]
Permanent street signs shall be installed in accordance with
city specifications. The subdivider shall erect and pay for all signs
erected at each intersection.
[Res. No. 91-96, 9-24-1996]
Lighting fixtures which are installed within a subdivision shall
be the responsibility of the subdivider. The light system which is
established shall result primarily in the illumination of the streets
and sidewalks within the subdivision. The design of the system shall
be coordinated with and approved by the Niagara Mohawk Power Corporation.
[Res. No. 91-96, 9-24-1996]
In every development, provisions shall be made for service from
the private utility supply systems. The wires of all utilities which
serve a major subdivision, including those which are part of the street
lighting system, shall be underground rather than aboveground on poles,
standards or towers. Underground conduit and cables shall be installed
per the regulations of the public service commission. Underground
conduit and cable shall not be less than two feet below any drainage
way. Private underground utilities may be installed within a ten-foot
wide easement outside of the road right-of-way.
Utility services for any proposed minor subdivision shall be
consistent with the service methods that exist within 500 feet of
the proposed development area. Applicants shall discuss the service
method to be used with the city's director of public works.
