GENERAL REFERENCES
General powers of city enumerated — See Administrative
Code Section 2.04.
General definitions and rules of construction — See Code of Ordinances Section 1-2.
Centralization of planning and urban renewal projects — See Code of Ordinances Section 2-6.
Provisions relative to Planning Board — See Code of Ordinances Section 2-17 et seq.
Zoning regulations relating to flood damage prevention — See Code of Ordinances Section 19-4.6.
[Ord. of 10-4-1952, § 1-A]
The Planning Board of the city shall have the authority to approve
subdivision plats and to establish rules, regulations and conditions
for such approval in accordance with the provisions of Article 3 of
the General City Law of the State of New York.
[L.L. No. 1-2002, § 2]
The Common Council hereby finds that any City reviewing board,
including, but not limited to, the Planning Board and the Zoning Board
of Appeals, in its deliberations on any discretionary actions under
this chapter shall consider the statement of policies, principles
and guidelines in "Greenway Connections" as such reviewing board deems
appropriate and relevant in its deliberations on such discretionary
actions.
[Ord. of 10-4-1952, § 1-B]
Anyone who subdivides land shall file a map (plat) of the subdivision
in the office of the County Clerk.
[1]
State law reference: Map to be filed with County Clerk, § 334
of the Real Property Law.
[Ord. of 10-4-1952, § 1-C]
It shall be unlawful to file or record a subdivision map in
the office of the County Clerk until it has been approved by the Planning
Board.
[1]
State law reference: Approval of map prerequisite to filing
thereof, § 34 of the General City Law.
[Ord. of 10-4-1952, § 1-D]
It shall be unlawful to construct a public municipal street
utility or improvement by the city in any street in a new subdivision
which has not been approved by the Planning Board.
[1]
State law references: Approval prerequisite to construction
of municipal street utility or improvement, § 34 and 36
of the General City Law; requisites for approval of plats, § 32
and 33 of the General City Law; exemption of lots in approved subdivision
plats from zoning restrictions, § 83-a of the General City
Law.
[Ord. of 10-4-1952, § 1-E]
It shall be unlawful to issue a building permit for any construction
on any street in a new subdivision which has not been approved by
the Planning Board.
[1]
State law reference: Approval prerequisite to issuance of
building permit, § 34 of the General City Law.
[Ord. of 10-4-1952, § 2; Ord. of 5-4-1987, § 1; Ord. of 10-5-1987, § 1]
For the purpose of this Chapter, the following terms shall have
the meanings respectively ascribed:
The city Planning Board.
The map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Planning Board for approval.
Moneys required from subdividers in lieu of parkland donations.
Recreation fees are allocated to a trust fund which is used to construct
and/or improve recreational facilities in the City of Poughkeepsie.
That portion of a street that is paved and ordinarily used
for vehicular traffic.
A way for vehicular traffic, whether designated as a street,
highway, throughway, thoroughfare, parkway, road, avenue, boulevard,
right-of-way, lane, place or however designated.
COLLECTOR STREETSThose streets which in the judgment of the Board carry traffic from minor streets to major system of city streets and highways, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties, otherwise abutting a street.
ARTERIAL STREETSThose streets providing for through traffic movement between areas and/or across the city with direct access to abutting property. Such streets are subject to required traffic control of entrances, exits and curb use.
The division of any parcel of land into two or more lots,
plot sites or other divisions of land for the purpose, whether immediately
or future, of transfer of ownership or building development or, if
a new street is involved, any division of a parcel of land.
The duly designated Superintendent of Public Works of the
city.
[Ord. of 10-4-1952, § 3; Ords. (two) of 10-5-1987, § 1, 2, 3; Ord.
of 8-14-2000, § 2]
(a)
Preliminary discussion. Before any subdivision plat
is prepared, the subdivider or his representative shall discuss preliminary
sketches or problems with the Planning Director and the Superintendent
of Public Works.
(b)
Submission of preliminary plat. The subdivider shall then submit the preliminary plat and information required by Section 16-8 to the Zoning Administrator who will, within 30 days after filing, determine if said plat is in compliance with Chapter 19, Zoning and Land Use Regulations. Once a determination of compliance is made, the Zoning Administrator shall forward said application to the Planning Board's agenda for that month.
(c)
Notice to subdivider. After the preliminary plat
has been considered by the Board, the subdivider will be notified
of:
(d)
Submission of final plat. Within six months thereafter, the subdivider shall submit to the Board the original and one copy of the final plat and information required by Section 16-9. A final plat may include only a part of the area shown on the preliminary plat.
(e)
Hearing on final plat. Before the Board will approve the final plat, it will hold a public hearing thereon in compliance with § 32 of the General City Law. The subdivider shall advertise such hearing in a newspaper of general circulation in the city at least five days before the hearing date. The subdivider shall also cause notice of the hearing to be mailed by certified mail to the owners of all property within a two-hundred-foot radius of the parcel which is the subject to the hearing before the Board. Such notice shall be mailed not less than five days prior to the hearing date. The final plat and other exhibits required for approval must be submitted to the Zoning Administrator who will, within 30 days after filing, determine if said plat is in compliance with Chapter 19, Zoning and Land Use Regulations. Once a determination of compliance is made, the Zoning Administrator shall forward said application to the Planning Director by the first Tuesday of the month to assure scheduling on the Planning Board's agenda for that month. Public hearings will be scheduled for the fourth Tuesday of the month and will take place at the Planning Board meeting.
(f)
Action of final plat. Within 45 days of the submission of the final plat, the Planning Board will approve, modify and approve or disapprove such plat. The date of submission of the final plat shall be deemed to be the date of the public hearing. Such approval shall be conditional, however, and not be deemed final until the subdivider has complied with the provisions of Subsection (i).
(g)
Procedure to be followed by subdivider. The subdivider
will be required to follow the procedure in either Subsection (g)(1)
or (2) below:
(1)
The subdivider will be required to file with the city a performance
bond for the required improvements in the amount estimated by the
Superintendent and approved by the Board and satisfactory to the Corporation
Counsel as to form, sufficiency, manner of execution and surety. If
the bond is not filed within 45 days of the conditional approval granted
in Subsection (f), the final plat shall be deemed disapproved.
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Said bond must contain a clause worded substantially as follows:
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"The principal agrees that if he shall well and truly make and
complete the improvements to the land covered by the subdivision in
accordance with the rules and regulations of the Superintendent of
Public Works, the Planning Board and the ordinances of the city within
one year from the date of the submission of the final plat, then the
obligation of the surety is to be null and void, otherwise to remain
in full force and effect after said term".
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(2)
The subdivider will be required to complete to the satisfaction of
the Superintendent all the required improvements. However, no building
permits will be issued until the improvements have been completed.
If the improvements are not completed within one year of the conditional
approval granted in Subsection (f), the plat shall be deemed disapproved.
(h)
Conditional approval of final plat. Prior to recording
the final plat with the County Clerk, the Chairman of the Planning
Board will sign the final plat as conditionally approved by the Board,
provided that:
(1)
Receipt of notification from the Superintendent that required improvements
have been satisfactorily installed or a notification from the corporation
counsel that a bond has been filed.
(2)
Payment, if required, of the recreational fee, which will be the
amount equal to $1,000 per subdivided lot, has been made.
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Such Planning Board approvals do not accept streets as public
streets.
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(i)
Duration of approval. The approval of the Planning
Board as evidenced by the signed plat will expire within 90 days of
the date of signing, unless such plats all have been duly filed or
recorded by the owner in the office of the County Clerk, or unless
an application for an extension of time if made, in writing, during
said ninety-day period to the Planning Board and granted.
(j)
Recordation of final plat. The subdivider shall
file the plat in the County Clerk's office and obtain the county
file number. He shall then enter the number and date of filing on
three black or blue lines on white paper prints and deliver them to
the office of the Planning Director.
(k)
Duty of Planning Director after recordation. Upon
receipt of the prints and of written notice from the County Clerk's
office that the final plat has been filed, the Planning Director will
deliver a print to the Superintendent and to the City Building Inspector.
(l)
Issuance of building permits. Upon receipt of the
print, the Building Inspector may issue building permits for lots
within the subdivision.
[Ord. of 10-4-1952, § 5; Ord. of 10-5-1987, § 3]
Subdividers shall present to the Zoning Administrator, who will, within 30 days, determine if said application is in compliance with Chapter 19, Zoning and Land Use Regulations, the following information:
(a)
Proposed subdivision name, date, North point, scale, name and address
of record owner, subdivider and engineer or surveyor. The scale should
be at 200 feet to the inch or larger.
(b)
The names of all owners of record of all adjacent property.
(c)
Location of existing property lines, streets, easements, buildings,
watercourses, marshes and other essential existing features.
(d)
Location of any existing sewers and water mains, culverts and drains
on the property with pipe sizes and grades.
(e)
Topography. Contour intervals shall not be more
than five feet and must be based on United States Geological Survey
datum. The nearest bench mark must be secured from the Department
of Public Works. In certain cases, topographical information may be
required on adjacent property.
(f)
All proposed streets, lots, easements and public areas with approximate
dimensions.
(g)
The approximate location of all proposed water lines and sanitary
sewer lines, together with plans for connecting to existing mains.
(h)
Preliminary plans for storm water drainage, including the approximate
location of storm sewer lines, catch basins and manholes.
[Ord. of 12-19-1983, § 1]
(a)
All subdivision proposals shall be consistent with the need to minimize
flood damage;
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(d)
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or five
acres (whichever is less).
[Ord. of 10-4-1952, § 6; Ord. of 10-5-1987, § 4]
(a)
The final plat shall conform substantially to the preliminary plat as approved but, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the same time. The final plat and other exhibits required for approval must be submitted to the Zoning Administrator who will, within 30 days after filing, determine if said plat is in compliance with Chapter 19, Zoning and Land Use Regulations. Once a determination of compliance is made, the Zoning Administrator shall forward said application to the Planning Director by the first Tuesday of the month to assure scheduling on the Planning Board's agenda for that month.
(b)
The final plat shall be clearly drawn in ink upon tracing cloth at
a scale of 100 feet to the inch or larger. The size of the sheets
shall not be larger than 34 inches by 46 inches. With the original
tracing there shall be submitted three print copies.
(c)
Information. The final plat shall contain the following
information:
(1)
Subdivision name, date, scale and North point.
(2)
Certification of title showing the ownership.
(3)
Names of owners of adjacent land.
(4)
Certification by a licensed engineer or surveyor certifying to the
accuracy of the survey and plat.
(5)
Primary control points, approved by the Superintendent, or descriptions
and ties to such control points to which all dimensions, angles, bearing
and similar data on the plat shall be referred.
(6)
Tract boundary lines, right-of-way lines of streets, easements and
other rights-of-way and property lines of residential lots and other
sites with accurate dimensions, bearings or deflection angles and
radii, arcs, tangents and central angles of all curves.
(7)
The location of all monuments.
(8)
Street names, block and lot numbers.
(9)
Designation of any areas to be dedicated or reserved for public use
and of any streets which are not to be dedicated.
(d)
Exhibits. The following items shall accompany the
final plat:
(1)
A statement by the owner dedicating streets, rights-of-way, easements
and any sites for public use.
(2)
Cross sections and profiles of streets showing existing and proposed
grades approved by the Superintendent. The profiles must be based
on a datum plane approved by the Superintendent. The cross sections
shall show pavements, and, where required, they shall show gutters,
curbs and sidewalks.
(3)
Information as required by the Superintendent for the planning of
water lines, sanitary sewer lines, storm sewer lines and other drainage
facilities.
(4)
If sewer lines or water lines are not to be installed, a certificate
must be obtained from the Board of Health as to the adequacy of plans
for private systems.
(5)
An affidavit of publication of the notice of the public hearing.
(6)
If street trees are to be planted by the subdivider, planting plans
showing the types and spacing of trees must be submitted.
[Ord. of 6-18-1973; Ord. of 10-4-1952, § 4; Ord. of 6-17-1991, § 1]
(a)
Streets.
(1)
Generally. The arrangement, character, extent, width,
grade and location of all streets shall conform to the general plans
of the Planning Board and shall be considered in their relation to
existing and planned streets, to topographical conditions, to public
convenience and safety and in their appropriate relation to the proposed
uses of the land to be served by such streets.
(2)
Arrangement. Where such is not shown in the general
plans of the Planning Board, the arrangement of streets in a subdivision
shall either:
a.
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
b.
Conform to a plan for the neighborhood approved or adopted by the
Planning Board to meet a particular situation where topographical
or other conditions make continuance or conformance to existing streets
impracticable.
(3)
Minor streets. Minor streets shall be so laid out
that their use for through traffic will be discouraged.
(4)
Arterial streets. Where a subdivision abuts or contains
an existing or proposed arterial street, the Planning Board may require
marginal access streets, reverse frontage with screen planting contained
in a nonaccess reservation along the rear property line, deep lots
with rear service alleys or such other treatment as may be necessary
for adequate protection of residential properties and to afford separation
of through and local traffic.
(5)
Railroad rights-of-way. Where a subdivision borders
on or contains a railroad right-of-way, the Planning Board may require
a street approximately parallel to and on each side of such right-of-way
at a distance suitable for the appropriate use of the intervening
land, as for park purposes in residential districts or for commercial
or industrial purposes in appropriate regard for the requirements
of approach grades and future grade separation.
(6)
Reserve strips. Reserve strips controlling access
to streets shall be prohibited, except where their control is definitely
placed in the city under conditions approved by the Planning Board.
(7)
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall not be permitted, except with the approval
of the Planning Board.
(8)
Tangent for reverse curves. A tangent at least 100
feet long shall be introduced between reverse curves on arterial and
collector streets.
(9)
Curve functions. When connecting street lines deflect
from each other at any one point by more than 5°, they shall be
connected by a curve.
a.
The following curve functions shall be used in all street layouts.
Curve functions apply to the center lines of streets. The limitations
below shall be for the run of the street and do not apply to street
intersections.
|
Central Angle
|
Tangent
(feet)
| |
|---|---|---|
|
01' — 15°00'
|
100
| |
|
15°01 — 30°00'
|
150
| |
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30°01' — 40°00'
|
200
|
b.
Every curve shall show the following functions: central angle, tangent
distance, degree of curve and long chord.
(10)
Angle of intersection. 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 60°.
(11)
Radii at intersections. Property lines at street
intersections shall be rounded with a radius of 25 feet or of a greater
radius where the Planning Board may deem it necessary. The Planning
Board may permit comparable cutoffs or chords in place of rounded
corners. Curb radii at intersections shall not be less than 25 feet.
(12)
Right-of-way widths. Street right-of-way widths
shall be as shown in the general plans of the Planning Board and where
not shown therein shall be not less than as follows:
|
Street Type
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Collector
|
60
| |
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Minor, for row houses and apartments
|
60
| |
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Minor for other residences
|
50
| |
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Minor for commercial one-way streets in the Central Business
District
|
73
|
(13)
Half-streets. Half-streets shall be prohibited,
except where essential to the reasonable development of the subdivision,
in conformity with the other requirements of these regulations and
where the Planning Board finds it will be practicable to require the
dedication of the other half when the adjoining property is subdivided.
Wherever a half-street is adjacent to a tract to be subdivided, the
other half of the street shall be platted within such tract.
(14)
Dead-end streets. Dead-end streets, designed
to be so permanently, shall not be longer than 400 feet and shall
be provided at the closed end with a turnaround having an outside
roadway diameter of at least 80 feet and a street property line diameter
of at least 100 feet.
(15)
Street names. All streets shall be named by
the Common Council upon acceptance of the street by the city. Temporary
designations of streets to be used prior to acceptance shall be submitted
to the Planning Board for approval.
(16)
Street grades. Street grades, wherever feasible,
shall not exceed the following, with due allowance for vertical curves
of a minimum length, equivalent to 15 times the algebraic difference
in the rate of grade:
|
Street Type
|
Percent Grade
| |
|---|---|---|
|
Collector
|
6
| |
|
Minor
|
8
|
(17)
Minimum grade. No street grade shall be less
than 1%.
(b)
Alleys.
(1)
Location. Alleys shall be provided in commercial
and industrial districts, except that the Planning Board may waive
this requirement where other definite and assured provisions are made
for service access, such as off-street loading, unloading and parking
consistent with and adequate for the uses proposed; except when justified
by unusual conditions, alleys will not be approved in residential
districts.
(2)
Width. The width of any alley shall be at least
20 feet.
(3)
Corners. Alley intersections and sharp changes in
alignment shall be avoided, but where necessary, corners shall be
cut off sufficiently to permit safe vehicular movement.
(4)
Dead-end alleys. Dead-end alleys shall be avoided
where possible, but if unavoidable, shall be provided with adequate
turnaround facilities at the dead end, as determined by the Planning
Board.
(c)
Easements.
(1)
Required. Easements across lots or centered on rear
or side lot lines shall be provided for utilities where necessary
and shall be at least 12 feet wide.
(2)
Stormwater easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming substantially
with the lines of such watercourse and further width or construction,
or both, as will be adequate for the purpose. On parallel streets,
parkways may be required in connection therewith.
(d)
Blocks.
(1)
Generally. The lengths, widths and shapes of blocks
shall be determined with due regard to:
(e)
Lots.
(1)
Generally. The size, width, depth, shape and orientation
of the lot and minimum building setback lines shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated.
(2)
Dimensions. Lot dimensions shall conform to the requirements of Chapter 19, Zoning and Land Use Regulations, and:
(3)
Corner lots. Corner lots for residential use shall
have extra width to permit appropriate building setback from and orientation
to both streets.
[Ord. of 10-4-1952, § 7; Ord. of 10-5-1987, § 4; Ord. of 6-17-1991, § I]
(a)
Required improvements. In accordance with Section
33 of the General City Law, the Planning Board shall require the following
improvements in new subdivisions. The Board may waive the provision
of any of these improvements as in its judgment of the special circumstances
of a particular plat or plats are not requisite in the interests of
public health, safety and welfare.
(1)
Monuments. Monuments of a type approved by the Superintendent
shall be placed on street lines at all block corners, angle points,
points of tangency and points of curvature.
(2)
Utilities.
a.
Sanitary sewer lines and water lines shall be installed in accordance
with the plans and specifications approved by the Superintendent.
Connections and service lines for each lot shown on the plat shall
be installed from the mains in the street to the curblines.
b.
Wherever it is necessary to extend a sanitary sewer line, a storm
sewer line or a water line in order to connect with the system of
the property to be subdivided, such extensions shall be installed
by the subdivider, or, alternately, the Planning Board shall have
written notice of the City Administrator that such extension will
be installed by the city.
c.
If a connection to the city's sanitary sewerage system or water
system is believed impractical by the Planning Board, then the Board
must have written notice from the Board of Health that adequate arrangements
have been made for the installation of private systems.
d.
The installation of all utilities, including gas lines, if such are
to be provided, and other subsurface work, must be completed before
streets are paved.
(3)
Drainage.
a.
A storm sewer system and other drainage improvements shall be installed
in accordance with the plans and specifications approved by the Superintendent.
b.
Wherever proper drainage of the property requires changes in grades,
other than in streets, such grading shall be done in accordance with
the plans approved by the Superintendent.
c.
Wherever a final ground slope is to exceed a ratio of one to three,
it shall be sodded and/or supported by a retaining wall of adequate
design.
(4)
Streets.
a.
Grading. Streets must be graded to their full width
and must conform to the standards and sections of a city street as
approved by the Superintendent.
b.
Paving. All traveled portions of roadways must be
paved with six inches of gravel thoroughly compacted by an eight-by-ten-ton
roller and the surface treated as required by the Superintendent.
|
Street Type
|
Width
(feet)
| |
|---|---|---|
|
Collector
|
36
| |
|
Minor, for row houses and apartments
|
36 (inclusive of parking)
| |
|
Minor for other residences
|
30 (inclusive of of parking)
| |
|
Minor, for commercial one-way streets in the central business
district district
|
20 (exclusive of parking)
| |
|
Dead-end
|
30
|
(5)
Curbs. Curbs shall be installed in conformity with
the standards and specifications approved by the Superintendent.
(6)
Sidewalks. Sidewalks shall be located and installed
in accordance with standards and specifications approved by the Superintendent.
(7)
Streetlighting standards and street trees. A coordinated
plan for streetlighting standards and street trees must be submitted
to the Superintendent and receive his approval as to type, location
and spacing.
(8)
Fire alarm cables, ducts and fire signal boxes.
Fire alarm cables and necessary ducts and fire signal boxes shall
be installed in accordance with plans approved by the Fire Chief.
(9)
Recreation. The Planning Board may require that
a subdivider allot a park or parks suitable in location and of reasonable
size for playground or other recreational purposes or, at the Board's
option, pay the city a fee in lieu of such allotment.
(b)
Inspection. The subdivider will be charged with
the cost of inspecting the improvements during their installation.
[Ord. of 10-4-1952, § 8]
(a)
Hardships. Where the Planning Board finds that extraordinary
hardships may result from strict compliance with these land subdivision
regulations, it may change the regulations so that substantial justice
may be done and the public interest secured, provided that such exceptions
will not have the effect of nullifying the intent and purpose of these
regulations or general plans for the city.
(b)
Zone changes. In accordance with Section 37 of the
General City Law, the Planning Board may, simultaneously with the
approval of a plat, make a reasonable change of the zoning regulations
of the land so platted. The owner of the land shown on the plat must
submit with the plat a proposed building plan indicating where group
houses for residences or apartment houses or local stores and shops
are proposed to be built.
(c)
Conditions. In granting exceptions and zone changes,
the Planning Board may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or changed.
