Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of these regulations,
the Planning Commission shall have the power to vary or modify the
application of any of the requirements herein relating to the use,
layout and platting of land for subdivisions, so that the spirit of
the regulations shall be observed, public safety and welfare secured,
and substantial justice done.
A.
Application; plat layouts to be filed. Whenever any subdivision of
land is proposed and before any contract for the sale of or any offer
to sell such subdivision or any part thereof is made, the subdividing
owner or his agent shall apply, in writing, to the Planning Commission
for approval of such subdivision. He or she shall first file with
the Planning Commission a preliminary layout and subsequently a formal
plat as hereinafter specified, three hard copies and one electronic
copy of each.
B.
Pre-application procedure. Prior to the filing of an application
for conditional approval of the preliminary layout, the subdivider
may submit general site information, a location map and a sketch plan
with a request for informal consideration and advice. This step does
not require a formal application, fee or the filing of a plat. The
purpose of a pre-application procedure is to afford the subdivider
an opportunity to consult early and informally with the Planning Commission,
Code Enforcement Officer, City Engineer, and Board of Public Service
before preparation of the preliminary layout in order to save time
and money and to make the most of opportunities for desirable development.
C.
Pre-application plans and data; contents.
(1)
General site information. General site information shall describe
or outline the existing conditions of the site and the proposed development
to the extent necessary to supplement the location map and sketch
plan. Information may be required on existing covenants, land characteristics,
available community facilities and utilities and information describing
the subdivision proposal, such as the number of residential lots,
typical lot width and depth, business areas, playgrounds, parks and
other public areas, proposed protective covenants and proposed utilities
and street improvements.
(2)
Sketch plan. A sketch plan on a topographic survey 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 made directly on a print of the topographic survey. In any event, the sketch plan should include either the existing topographic data listed in Subsection E or such of these data as the Planning Commission may require for its consideration of the proposed sketch plan, as well as scale, North point and date.
D.
Preliminary layout.
(1)
Preparation; filing. On reaching conclusions regarding his/her general program and objectives, the subdivider shall cause to be prepared a preliminary layout, together with improvement plans and other supplementary material as specified in Subsection E. Three hard copies and one electronic copy of the preliminary layout and required supplementary material shall be submitted to the Code Enforcement Officer with written application for conditional approval at least five working days prior to a regularly scheduled meeting. Copies shall be submitted to the Planning Commission for study and recommendation and referred to the City Engineer and Board of Public Service as necessary.
(2)
Action on preliminary layout. Following review of the preliminary layout and other material submitted, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made in accordance with the requirements of Subsections E and H, the Planning Commission shall act thereon as submitted or as modified. The City Engineer and the Board of Public Service shall first approve the application and so advise the Planning Commission within 45 days after filing. If the preliminary layout is approved, the Planning Commission shall note its approval as "conditional approval" and state the specific conditions of such approval, if any. If the preliminary layout is disapproved, the Planning Commission shall state the reasons for its disapproval.
(3)
Notation of action. The action of the Planning Commission shall be
noted on two copies of the preliminary layout, to which shall be attached
referenced statements of any conditions and requirements determined
by the Planning Commission in accordance with the regulations. One
copy shall be filed in the office of the Code Enforcement Officer
and the other returned to the applicant.
E.
Required information in preliminary layout.
(1)
Existing conditions data. Existing conditions data shall include
the following, except when otherwise specified by the Planning Commission:
(a)
Key plan: show location and boundaries of tract.
(b)
Property lines and easements: location, width and purpose of
easements; existing platting if a resubdividing project.
(c)
Streets on and adjacent to the tract, including all streets
shown on the Official Map: name and right-of-way width and location;
type, width and elevation of surfacing; established center line elevations;
walks, curbs, gutters, bridges, culverts, etc.
(d)
Utilities on and adjacent to the tract: location, size and invert
elevation of sanitary sewers, storm sewers, culverts, ditches or other
facilities for drainage; location and size of water mains; location
of gas lines, fire hydrants, electric and telephone poles and streetlights.
If water mains and sewers are not on or adjacent to the tract, indicate
the direction and approximate distance to and size of nearest ones,
showing invert elevation of sewers or culverts. Where drainage is
to be a natural watercourse or drainage ditch, the elevation of water
in such watercourse or ditch at a recognized flood stage shall be
shown.
(e)
Ground elevations on the tract: based on a datum plane approved
by the engineer (USGS recommended) for land that slopes less than
approximately 2%, show spot elevations 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 show contours with an interval of not more than five feet
if ground slope is regular and such information is sufficient for
planning purposes, or show contours with an interval of not more than
two feet if necessary because of irregular land or need for more detailed
data for preparing plans and construction drawings when special problems
warrant.
(f)
Subsurface conditions on the tract, if required by the Planning
Commission: location and results of tests made to ascertain subsurface
soil, rock and groundwater conditions; depth to groundwater, unless
test pits are dry at a depth of five feet.
(g)
Other conditions on the tract: watercourses, wetlands, rock
outcrop, wooded areas, isolated preservable trees one foot or more
in diameter, houses, other structures and other significant features.
(h)
Other conditions on adjacent land: approximate direction and
gradient of ground slope, including any embankments or retaining walls;
power lines, towers; owners of adjacent unplatted land; for adjacent
platted land refer to subdivision plat by name, filing date and number.
(2)
Land title and survey. Land title and survey shall include a deed
description according to official records; the names and addresses
of record owners; a map of survey of tract boundary (including all
pertinent bearings and distances) made and certified by a registered
land surveyor, tied into established City reference points; notation
stating acreage, scale, North point, bench marks and date of survey.
(3)
Preliminary plan. The preliminary subdivision plan shall be at a
scale of not less than 200 feet to the inch (preferred scale: one
inch equals 100 feet). It shall show or be accompanied by existing
conditions data required in Subdivision A and shall show all proposals,
including the following:
(a)
Streets: name, right-of-way and roadway widths; approximate
grades and gradients; similar data for alleys, if any.
(b)
Other rights-of-way or easements: location, width and purpose.
(c)
Utilities: location of utilities if not shown on other exhibits.
(d)
Lots: lot lines, lot numbers and block numbers.
(e)
Public uses: sites, if any, to be reserved or dedicated for
parks, playgrounds or other public uses.
(f)
Nonpublic uses: sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(g)
Site data: include number of residential lots, typical lot size
and acres in parks, etc.
(h)
Names: subdivision name or title under which to be eventually
filed, also scale, North point, date and name and address of subdivider
and designer, if any.
(4)
Other preliminary plans.
(a)
When required by the Planning Commission, the preliminary layout
should include profiles showing existing ground surface and proposed
street grades, including extensions for a reasonable distance beyond
the limits of the proposed subdivision, typical cross sections of
the proposed grading, roadway and sidewalks; preliminary designs of
any bridges and culverts which may be required; preliminary plan of
proposed water mains to connect with existing public water supply;
preliminary plan of proposed sewers (with grades and sizes indicated)
connecting with existing sanitary sewerage systems; preliminary plan
for collecting and discharging storm drainage.
(b)
All elevations shall be based on a datum plane approved by the
engineer.
(5)
Protective covenants. Draft of protective covenants whereby the subdivider
proposes to regulate land use in the subdivision and otherwise protect
the proposed development shall be included.
F.
Performance bond and filing fee with preliminary layout.
(1)
A performance bond in the amount of 50% of the amount determined
by the City Engineer's estimate of the cost of improvement for water
lines, sanitary sewers, storm sewers, drainage inlets, manholes, street
grading, street paving, curbs, sidewalks or other items as may be
required in fulfillment of the requirements of this chapter shall
be required to be filed with the preliminary layout plan with the
City Clerk, binding the owner to the City, to install and complete
the subdivision in accordance with the filed plans and provisions
of this chapter.
(2)
A filing fee in an amount to be established by the Common Council
of the City of Oneonta by resolution from time to time per lot shall
be paid the City Clerk when the preliminary layout is filed in the
Clerk's office for the conditional approval of the Planning Commission.
G.
Procedure for final approval.
(1)
Plat to conform to preliminary layout. The final subdivision plat
shall conform substantially to the preliminary layout as approved.
If desired by the subdivider, it may constitute only that portion
of the approved preliminary layout proposed to be recorded and developed
at the time, provided that such portion conforms to all requirements
of these and other local, state and federal regulations.
(2)
Time for filing final plat. Application for approval of the subdivision
plat shall be submitted, in writing, to the Planning Commission at
least five working days prior to the meeting at which it is to be
considered and shall include three hard copies and one electronic
copy of the plat and other exhibits required for approval. Such application
shall be submitted within six months after approval of the preliminary
layout; otherwise, such preliminary approval shall become null and
void unless an extension of time is applied for and granted by the
Planning Commission.
(3)
Action by Planning Commission. The Planning Commission shall submit the final plat to the City Engineer and the Board of Public Service for examination. After receiving the approval of the City Engineer and of the Board of Public Service, the Planning Commission shall approve, modify and approve or disapprove such plat within 45 days after the application for final approval was filed. Failure of the Planning Commission to take any action within such 45 days shall be deemed to be approval of the plat, and the City Clerk shall, upon demand, issue a certificate as provided in General City Law § 32. Approval, however, shall not be deemed final until the subdivider has complied with the provisions of Subsection H with respect to certification that the required improvements have been completed or bond satisfactory to the Common Council has been posted in lieu thereof.
(4)
Offers of cession to be tendered. The subdivider will be required
to tender offers of cession in a form certified as satisfactory by
the City Attorney of all land included in streets, parks or other
public areas not specifically reserved by him or her, but approval
of the plat by the Planning Commission does not constitute an acceptance
by the City of the dedication of these facilities.
(5)
City Clerk's duties.
(a)
After the completion of the foregoing details and notation to
that effect upon the application, the plat shall be signed by the
City Clerk and shall be deemed to have final approval.
(b)
The City Clerk shall file with the Clerk of Otsego County a
certificate showing that the Planning Commission has been authorized
to approve plats pursuant to Article 3 of the General City Law.
(6)
Filing in County Clerk's office. Within 90 days thereafter, the owner
shall file the approved plat in the office of the County Clerk of
Otsego County; otherwise, such approval shall expire.
H.
Final subdivision plat.
(1)
Specifications. The final subdivision plat shall be made from ink
on mylar or other suitable reproducible surface, at a minimum of 20
inches by 20 inches in size. The scale shall be 40 feet to the inch
with vertical scale five feet to the inch. Where necessary, the plat
may be on several sheets accompanied by an index sheet showing the
entire subdivision. For large subdivisions, the final plat may be
submitted for approval progressively in continuous sections satisfactory
to the Planning Commission. It shall be prepared by a licensed land
surveyor and his seal shall be affixed before filing with the City
Clerk.
(2)
Required information. The final plat shall show the following:
(a)
Control points: primary control points, approved by the Engineer,
or descriptions and ties to such control points to which all dimensions,
angles, bearings and similar data on the plat shall be referred.
(b)
Boundaries: tract boundary lines, right-of-way lines of streets,
easements and other right-of-way and property lines of residential
lots and other sites, with accurate dimensions, bearings or deflection
angles, and radii arcs and central angles of all curves.
(c)
Right-of-way: name and right-of-way width of each street or
other right-of-way.
(d)
Easements: location, dimensions and purposes of any easements.
(e)
Identification system: number to identify each lot or site in
numerical order within block; letter to identify each block.
(f)
Purpose of reserved sites: purpose for which sites other than
residential lots are dedicated or reserved.
(g)
Monuments, bench marks: location and description of monuments
(shown thus: "X"), lot corner markers (shown thus: "O") and bench
marks (shown thus: "BM").
(h)
Owners of adjoining unplatted land: names of record owners of
adjoining unplatted land.
(i)
Adjoining recorded subdivisions: reference to recorded subdivision
plats of adjoining platted land by record name, date and number.
(j)
Certification by surveyor: certification by registered land
surveyor, including name, address, New York State license number and
seal, certifying to accuracy of survey and plat.
(k)
Certification of title: certification of title showing that
applicant is the landowner or optionee.
(l)
Water and sewage disposal requirements. Where any water or sewer
line, water plant or sewage treatment plant is to be installed by
a developer, detailed engineering drawings and specifications must
be submitted.
(m)
Engineering and legal requirements.
[1]
Title, scale, North point and date shall be indicated on the
plat.
[2]
Cross sections and profiles of streets, drains and sewers, showing
grades approved by the City Engineer. The profiles shall be drawn
to standard scales and elevations and shall be based on a datum plane
approved by the engineer (USGS recommended). The same must be prepared
by a licensed professional engineer (PE) in the event construction
cost exceeds $10,000.
[3]
Statement by the City Engineer certifying that the subdivider
has complied with one of the following alternatives shall be required:
[a]
All required improvements have been installed in
accordance with these regulations and the requirements of the Planning
Commission giving conditional approval of the preliminary layout.
[b]
A bond or certified check has been posted, which
is available to the City and in sufficient amount to assure such completion
of all required improvements.
[c]
Offers of cession by dedicating streets, rights-of-way
and any sites for public use, and agreements covering the improvement
and maintenance of unceded public places and the conditions and time
limits, if any, applying to site reservations shall be submitted with
the final subdivision plat.
[d]
Statement by the City Attorney approving as to
legal sufficiency all offers of cession, all covenants governing the
maintenance of unceded public open space, and any action taken to
establish or extend water and/or sewer facilities; also approving
the sufficiency of any bond offered in lieu of the completion of required
subdivision improvements.
[e]
Protective covenants in form for recording, including
covenants governing the maintenance of unceded public spaces or reservations.
(n)
Other requirements. Such other certificates, affidavits, endorsements
or other agreements as may be required by the Planning Commission
in the enforcement of these regulations. In special cases where there
are potential hazards of flooding, landslides or other hazards in
the opinion of the City Engineer, the City may require the services
of an independent engineer or expert to recommend conditions under
which the subdivision may be approved. The expense of such engineer
or expert shall be borne by the subdivider.
A.
Streets.
(1)
Generally. The arrangement, character, extent, width, grade and location
of all streets shall conform to the Comprehensive Plan and to the
Official Map, if any, and shall be considered in their relation to
other existing and planned streets, to topographical conditions, to
public conveniences and safety, and in their appropriate relation
to the proposed uses of land to be served and/or abutted by such streets.
(2)
Streets in a subdivision shall:
(a)
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
(b)
Conform to a plan for the area approved or adopted by the Planning
Commission to meet a particular situation where topographical or other
conditions make continuance of or conformance with existing streets
impracticable.
(3)
Right-of-way for railroads, highways. Where a subdivision borders
on or contains a railroad right-of-way or controlled access highway
right-of-way, the Planning Commission may require a street approximately
parallel to and on each side of that right-of-way. The streets may
be at a distance suitable for the appropriate use of the intervening
land. Such land uses may be for park purposes in residential districts
or for business, commercial or industrial purposes in appropriate
districts. Such distances shall also be determined with due regard
for the requirements of approach grades and future grade separations.
(4)
Reserve strips. Reserve strips controlling access to streets, water
plants or sewage treatment plants, or to other land dedicated or to
be dedicated to public use, shall be prohibited, except where their
control is placed in the City under conditions approved by the Common
Council.
(5)
Street jogs. Street jogs with center line offsets of less than 125
feet shall be avoided.
(6)
Tangents. A tangent at least 100 feet long shall be introduced for
reverse curves on arterial and collector streets.
(7)
Angles of intersections. 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 75°. The Planning Commission may
waive this requirement if adequate channelizing or divisional islands
are provided to ensure traffic safety.
(8)
Property lines at intersections. Property lines at street intersections
shall be rounded with a radius of 10 feet. Larger radii, comparable
cutoffs, or chords may be allowed with Planning Commission approval.
(9)
Curb radii. Curb radii at intersections shall be not less than 20
feet.
(10)
Street right-of-way widths. Street right-of-way widths shall
be not less than as follows:
|
Street Type
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Arterial
|
80, not including right-of-way for marginal access streets,
if any
| |
|
Collector
|
60
| |
|
Minor
|
50
| |
|
Marginal access
|
40
|
(11)
Half-streets. Half-streets should be avoided.
(12)
Dead-end streets. Dead-end streets are discouraged. Requests
for approval from the Planning Commission should include a turnaround
terminus for emergency vehicles and a length no more than 600 feet.
(13)
Street names. No street names shall be used which will duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Common Council.
(14)
Maximum street grades. Street grades, wherever feasible, shall
not exceed the following, with due allowance for reasonable vertical
curves and not with less than 200 feet between changes of grade:
|
Street Type
|
Maximum Percentage Grade
| |
|---|---|---|
|
Arterial
|
4
| |
|
Collector
|
8
| |
|
Minor
|
12
| |
|
Marginal access
|
8
|
(15)
Minimum street grades. To facilitate drainage, a minimum two-percent
grade is required.
(16)
Alleys.
(a)
Generally. Alleys may be required to facilitate access and safety
on commercial, industrial, and special case areas of the City and
must be approved by the Planning Commission. Dead-end alleys should
be avoided and approved only in special cases; turnaround areas may
be required.
(b)
Width. The width of an alley, if required, shall not be less
than 20 feet.
(c)
Dead-end alleys. Dead-end alleys shall be avoided, where possible,
but if unavoidable shall be provided with adequate turnaround facilities
at the closed end, as required by the Planning Commission.
B.
Blocks.
(1)
Length. Block lengths should not exceed 1,600 feet, nor be less than
400 feet. Blocks shall not be less than 250 feet wide.
(2)
Intersections with arterial streets. Pedestrian crosswalk rights-of-way
not less than 10 feet wide shall be required where deemed essential
to provide circulation or access to schools, playgrounds, shopping
centers, transportation and other community facilities.
C.
Lots.
(1)
General requirements. All City lots shall conform to the requirements
of this chapter, including area, width, and minimum setbacks.
(2)
Land subject to flooding. Land subject to flooding shall not be platted for residential occupancy nor for such other uses as may increase danger to life or property or aggravate the flood hazard. See also Chapter 134, Flood Damage Prevention.
(3)
Access. The subdivision of the land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(4)
Side lot lines. Side lot lines shall be as close as possible to right
angles with the street lines.
D.
Easements.
(1)
Utilities. Easements across or along lot lines shall be provided
for utilities where required. Underground installation of such utilities
is encouraged.
(2)
Stormwater easements. Stormwater easements shall be allowed for all
watercourses, drainage, channels, and streams. These easements shall
conform substantially with the line of such watercourses. Alternative
methods with adequate capacity for flood levels shall be allowed with
Planning Commission approval.
E.
Public sites and open spaces.
(1)
Authority of the Planning Commission. The Planning Commission may
require the dedication or reservation of areas within a large, newly
planned development. These areas may be considered for parks, playgrounds,
recreational or open space uses that are deemed essential to the full
development of the project.
(2)
Purchases of sites. Where a proposed park, playground or other recreational
or public site is located in whole or in part in a new subdivision,
the Planning Commission shall request the appropriate local authority
to negotiate for the outright purchase of necessary sites by the City.
F.
Recreation site fees in lieu of dedication of land.
(1)
Authorized amount. In lieu of, or in addition to, the dedication
or reservation of areas or sites for playgrounds or other recreational
uses, the Planning Commission may require the payment of a playground
or recreational site fee which shall be established from time to time
by resolution by the Common Council of the City of Oneonta per lot
where appropriate conditions require.
(2)
Payment, disposition. Such fee shall be paid to the City Clerk prior
to the approval of the final plat.
A.
Monuments, markers and bench marks.
(1)
Placement of monuments; specifications.
(a)
Monuments shall be placed at points of change in alignment,
block corners, angle points and at such intermediate points as approved
by the City Engineer and as directed by the Planning Commission. Plats
submitted for filing shall show monuments certified as having been
placed by a licensed land surveyor, and the same shall bear the signature
and seal of a licensed land surveyor.
(b)
The monuments shall be of granite six inches square, imbedded
in concrete to a depth of four feet or of metal, with a brass top,
imbedded at a depth of four feet, level with the ground area.
(2)
Survey required. As buildings are completed and surveyed, a copy
of the survey shall be furnished to the Engineering Department, which
said survey shall bear the signature and seal of a licensed land surveyor.
(3)
Bench mark required. For all developments of 12 lots or more, a permanent
bench shall be established referenced to USGS and tied to the elevations
shown on all plans, subject to the approval of the City Engineer.
B.
Utility and street improvements. Utility and street improvements,
when required in each subdivision, shall be in accordance with the
standards and specifications established by the City of Oneonta.
C.
Installation, costs and dedication.
(1)
Generally. Water, sewer, subsurface drainage, storm drainage, grading,
paving, curbs, streets, sidewalks and all other necessary improvements
shall be made by the owner and developer of the subdivision and shall
conform to the standards set forth in this chapter. All improvements
above set forth shall be made subject to the direction, control and
approval of the City Engineer and Board of Public Service.
(2)
Cost. The cost of sewers, water lines, subsurface drainage, grading,
paving, curbs, streets, sidewalks, storm drainage and other necessary
improvements shall be wholly borne by the owner and developer of the
subdivision, unless the Common Council, by appropriate action, shall
determine and provide otherwise.
(3)
Dedication and conveyance. In the event that sewers, water lines,
subsurface drainage, storm drainage, streets, curbs, sidewalks, lights
and other improvements are dedicated to and conveyed to the City after
their installation, the same must conform to the standards set forth
in this chapter before acceptance by the City, and the conveyance
thereof shall be at no cost to the City except for agreement for future
maintenance.
Any person violating any provision of this chapter shall be subject to the same penalty, forfeiture, imprisonment and other procedure as provided in Article IX, Administration and Enforcement.
