[HISTORY Adopted by the Town Board of the
Town of Rotterdam 8-19-1970. Amendments noted where applicable.]
[Amended 3-12-1986 by L.L. No. 4-1986]
By authority of a resolution adopted by the
Town of Rotterdam, pursuant to the provisions of Article 16 of the
Town Law, and acts amendatory thereto, the Planning Commission has
the power and authority to approve plats for subdivisions within the
Town of Rotterdam.
It is hereby declared to be the policy of the
Town of Rotterdam Planning Commission to consider land subdivisions
as part of a plan for the orderly, efficient and economical development
of the town. Land to be subdivided shall be of such character that
it can be used for building purposes without danger to health, or
peril from fire, flood or other menace. Proper provision shall be
made for drainage, water, sewerage and other needed improvements.
The proposed streets and development shall compose a convenient street
system and shall be properly related to the Official Map and/or the
Master Plan of the Town of Rotterdam as either may be adopted or accepted
as guides for the future development of the town. Streets shall be
of such width, grade and location as to accommodate the prospective
traffic, to afford adequate light and air, and to facilitate fire
protection. In proper cases, park area of suitable location, size
and character for playground or other recreational purposes shall
be shown on the subdivision plat and dedication of and/or fees in
lieu of land may be required for public uses serving the subdivision.
Should any of these regulations conflict or
be inconsistent with any provision of the Town Law, such provision
of the Town Law shall apply.
In order that land may be subdivided in accordance
with this policy, these regulations are hereby adopted.
For the purpose of these regulations, certain
words and terms used herein are defined as follows:
A street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a major street.
A street or a portion of a street with only one vehicular
outlet and having a turning loop or similar arrangement at the closed
end.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A street which does not provide direct access to abutting
properties and which serves or is designed to serve heavy flows of
traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any size subdivision
requiring any new street or extension of municipal facilities.
A comprehensive plan, prepared by the Planning Commission
pursuant to Article 16 of the Town Law which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
Town and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
A street intended to serve primarily as an access to abutting
properties.
Any subdivision containing no more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map, Zoning Ordinance[1] or these regulations.
The map established by the Town Board pursuant to Article
16 of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
The Planning Commission of the Town of Rotterdam.
A drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in § 249-24 of these regulations, submitted to the Planning Commission for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Commission of the layout of the proposed subdivision.
A sketch of a proposed subdivision showing the information specified in § 249-22 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the layout and objectives of these regulations.
Includes streets, roads, avenues, lanes or other traffic
ways, between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of right-of-way, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership or association,
who shall lay out 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,
blocks or sites, with or without streets or highways and includes
resubdivision.
A drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by these
regulations to be presented to the Planning Commission for approval,
and which, if approved, may be duly filed or recorded by the applicant
in the office of the County Clerk or Registrar.
A duly designated engineer of the town.
Whenever any subdivision of land is proposed
to be made, and before any contract for the sale of, or any offer
to sell any lots in such subdivision or any part thereof is made,
and before any permit for the erection of a structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply in writing for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Chairman of the Planning Commission at least 10 days prior to the regular meeting of the Commission, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 249-22 for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Commission to discuss the
requirements of these regulations for street improvements, drainage,
sewerage, water supply, fire protection and similar aspects, as well
as the availability of existing services and other pertinent information.
(2)
A determination is to be made at this time by the Planning Commission as to whether the proposed subdivision is a minor or major subdivision as defined in these regulations. The Commission may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 249-8 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures in §§ 249-9, 249-10 and 249-11.
C.
Study of sketch plan. The Planning Commission shall
determine whether the sketch plan meets the purposes of these regulations
and shall, where it deems it necessary, make specific recommendations
in writing to be incorporated by the applicant in the next submission
to the Planning Commission.
A.
Application and fee.
[Amended 1-21-1976; 12-9-1992 by L.L. No. 32-1992]
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Commission, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Commission. Said application shall also conform to the requirements listed in § 249-23. Failure to comply with any of the above will require resubmission of the sketch plan to the Planning Commission for reconsideration, including the appropriate fee required under § 249-7D.
(2)
All applications for plot approval for minor subdivisions shall be accompanied by a fee established by the Rotterdam Town Board and designated in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
(3)
Administrative fees. The costs incurred for the review
of an application by the Town Engineer, for consulting engineering
fees or other consulting fees in conjunction with the Planning Board's
review for a proposed application, including reviews required under
the New York State Environmental Quality Review Act,[1] shall be charged to the applicant. The Planning Board
shall obtain an estimate from any designated consultant for an amount
sufficient to defray the costs of such services. The applicant shall
enter into an escrow agreement with the Town of Rotterdam, and said
agreement shall be executed by the Rotterdam Town Supervisor, upon
authorization from the Rotterdam Town Board and recommendation of
the Rotterdam Planning Commission. The Rotterdam Town Attorney shall
prescribe the terms and appropriate form of the escrow agreement.
Any portion of the estimated charges so collected by escrow agreement
which is not expended by the Town shall be returned to the applicant.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
B.
Number of copies. Three copies of the minor subdivision
plat shall be presented to the Chairman of the Planning Commission
at least 10 days prior to a scheduled monthly meeting of the Planning
Commission.
C.
Subdivider to attend Planning Commission meeting.
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Commission to discuss the minor subdivision
plat.
D.
When officially submitted. The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 249-23 of these regulations, has been filed with the Secretary of the Planning Commission.
E.
Public hearing. A public hearing shall be held by
the Planning Commission within 30 days from the time of submission
of the minor subdivision plat for approval. Said hearing shall be
advertised in a newspaper of general circulation in the Town at least
five days before such hearing.
F.
Action on minor subdivision plat. The Planning Commission
shall, within 45 days from the date of the public hearing, approve,
modify and approve or disapprove the minor subdivision plat.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 249-24 of this regulation. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Article 16 of the Town Law and § 249-24 of these regulations, except where a waiver may be specifically authorized by the Planning Commission.
(2)
Application fee. The application for conditional approval of the preliminary plat shall be accompanied by a fee, per lot, as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
[Amended 1-21-1976; 12-9-1992 by L.L. No. 32-1992]
(3)
Administrative fees. The costs incurred for the review
of an application by the Town Engineer, for consulting engineering
fees or other consulting fees in conjunction with the Planning Board's
review for a proposed application, including reviews required under
the New York State Environmental Quality Review Act,[1] shall be charged to the applicant. The Planning Board
shall obtain an estimate from any designated consultant for an amount
sufficient to defray the costs of such services. The applicant shall
enter into an escrow agreement with the Town of Rotterdam, and said
agreement shall be executed by the Rotterdam Town Supervisor, upon
authorization from the Rotterdam Town Board and recommendation of
the Rotterdam Planning Commission. The Rotterdam Town Attorney shall
prescribe the terms and appropriate form of the escrow agreement.
Any portion of the estimated charges so collected by escrow agreement
which is not expended by the Town shall be returned to the applicant.
[Added 12-9-1992 by L.L. No. 32-1992]
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
B.
Number of copies. Eight copies of the preliminary
plat, stamped "PRELIMINARY PLAT" shall be presented to the Chairman
of the Planning Commission at least 10 days prior to a regular monthly
meeting of the Planning Commission.
[Amended 4-5-1978]
C.
Subdivider to attend Planning Commission meeting.
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Commission to discuss the preliminary
plat.
D.
Study of preliminary plat. The Planning Commission
shall study the preliminary plat, taking into consideration the requirements
of the community and the best use of the land being subdivided and
the timing of such development. Particular attention shall be given
to the arrangement, location and width of streets, their relation
to the topography of the land, water supply, sewage disposal, drainage,
lot sizes and arrangement, the future development of adjoining lands
as yet unsubdivided, the preservation of existing design features
and the requirements of the Master Plan, the Official Map (if any),
zoning regulations and the development of an attractive and convenient
neighborhood.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 249-24 of these regulations, has been filed with the Chairman of the Planning Commission.
F.
Action on preliminary plat. Such a preliminary plat
shall be clearly marked "preliminary plat" and shall conform to the
definition provided in Town Law § 276, Subdivision 4. The
Planning Commission shall approve, approve with conditions or disapprove
the preliminary plat in accordance with the procedures set forth in
Town Law § 276, Subdivision 5.
[Amended 4-5-1978[2]]
A.
Application for approval. The subdivider shall, within
six months after the conditional approval of the preliminary plat,
file with the Planning Commission an application for approval of the
subdivision plat in final form, using the approved application blank
available from the Building Inspector/Code Enforcement Officer. If
the final plat is not submitted within six months after the conditional
approval of the preliminary plat, the Planning Commission may require
resubmission of the preliminary and final plats.
[Amended 1-21-1976[1]]
B.
Number of copies. A subdivider intending to submit
a proposed subdivision plat for the approval of the Planning Commission
shall provide the Chairman of the Commission with a copy of the application
and eight copies of the plat, the original and one true copy of all
offers of cession, covenants and agreements, and two prints of all
construction drawings, at least 10 days in advance of the regular
monthly Planning Commission meeting at which it is to be officially
submitted.
[Amended 4-5-1978]
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by all data required by § 249-25 of these regulations, has been filed with the Chairman of the Planning Commission. In addition, if the applicant elects to construct any or all required improvements [as specified in § 249-11A(2)], the Town Engineer must file a certificate with the Planning Commission stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
[Amended 4-5-1978]
D.
Endorsement of state and county agencies. Water and
sewer facility proposals contained in the subdivision plat shall be
endorsed and approved by the Town Engineer. Applications for approval
of plans for sewer or water facilities will be filed by the subdivider
with all necessary town, county and state agencies. Endorsement and
approval by the New York State Department of Health (pursuant to Public
Health Law § 115 et seq.[2]), the New York State Department of Transportation (pursuant
to Highway Law § 52 where a subdivision opens onto a state
highway), the New York State Department of Environmental Conservation
(pursuant to current requirements) and the County of Schenectady (where
a subdivision opens onto a county highway) shall be secured by the
subdivider before the signature of the officer authorized by the Planning
Commission may be affixed to the subdivision plat drawing.
[Amended 4-5-1978; 11-28-1990 by L.L. No.
25-1990]
[2]
Editor's Note: See now Public Health Law § 1120
et seq.
E.
Approval of final plats.
[Amended 4-5-1978[3]]
(1)
Submission of final plats. Final plats shall conform
to the definition provided by this section.
(2)
Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Planning Board deems to be in substantial agreement with a preliminary
plat approved pursuant to this section, the Planning Board shall by
resolution conditionally approve with or without modification, disapprove,
or grant final approval and authorize the signing of such plat, within
62 days of its receipt by the Clerk of the Planning Board.
(3)
Final plats when no preliminary plat is required to
be submitted; receipt of complete final plat. When no preliminary
plat is required to be submitted, a final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
(4)
Final plats; not in substantial agreement with approved
preliminary plats, or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Planning Board deems not
to be in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section the following shall apply:
(a)
Planning Board as lead agency; public hearing;
notice; decision
[1]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[a]
If such Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Clerk of the Planning Board; or
[b]
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[3]
Decision. The Planning Board shall make its
decision on the final plat as follows:
[a]
If such Board determines that the preparation
of an environmental impact statement on the final plat is not required,
the Planning Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat, within 62 days after the date of the public
hearing; or
[b]
If such Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat.
[4]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board
(b)
Planning Board not as lead agency; public hearing;
notice; decision.
[1]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the final plat within 62 days after
the receipt of a complete final plat by the Clerk of the Planning
Board.
[2]
Public hearing; notice, length. The hearing
on the final plat shall be advertised at least once in a newspaper
of general circulation in the Town at least five days before such
hearing if held independently of the hearing on the draft environmental
impact statement, or 14 days before a hearing held jointly therewith.
The Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[3]
Decision. The Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat as follows:
[a]
If the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall
make its decision within 62 days after the close of the public hearing
on the final plat.
[b]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
F.
The Planning Commission may have prepared by qualified
professional staff or consultant, prior to approval of any proposed
major subdivision plat, a cost-benefit analysis of the development
pattern, including but not limited to the total public cost of projected
services and the private contribution from the projected project,
including tax revenue.[4]
[4]
Editor's Note: Original Subsection G, Action
on Proposed Subdivision Plat, which immediately followed this subsection,
was repealed 4-5-1978.
[Amended 10-28-1992 by L.L. No. 30-1992]
A.
Improvements and irrevocable standby letter of credit. Before the Planning Commission grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Commission, the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements, or the subdivider shall file
with the Town Clerk an irrevocable standby letter of credit to cover
the full cost of the required improvements. Any such irrevocable standby
letter of credit shall comply with the requirements of Article 16
of the Town Law and shall be satisfactory to the Town Attorney, the
Town Engineer and the Superintendent of Highways as to form, sufficiency,
manner of execution and surety. A period of one year, or such other
period as the Planning Commission may determine appropriate, not to
exceed three years, shall be set forth in the irrevocable standby
letter of credit, within which required improvement must be completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of a Town Engineer, the Town Superintendent of
Highways and the Town Attorney who shall file with the Planning Commission
a letter signifying the satisfactory completion of all improvements
required by the Commission. For any required improvements not so completed,
the subdivider shall file with the Town Clerk an irrevocable standby
letter of credit covering the costs of such improvements and the cost
of satisfactorily installing any improvement not approved by the Town
Engineer. Any such irrevocable standby letter of credit shall be satisfactory
to the Town Board and Town Engineer as to form, sufficiency, manner
of execution and surety. The dedication of a street or highway for
public purposes shall be made in accordance with the Town Law, the
Highway Law of the State of New York and the Town Code of the Town
of Rotterdam.
(3)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer, the Town Superintendent of Highways and the Town Attorney and a map satisfactory to the Planning Commission has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Commission officer. However, if the subdivider elects to provide an irrevocable standby letter of credit or certified check for required improvements as specified in Subsection A(1), such irrevocable standby letter of credit shall not be released until such a map is submitted.
B.
Modification of design of improvements. If at any
time before or during the construction of the required improvements
it is demonstrated to the satisfaction of the Town Engineer, the Town
Superintendent of Highways and the Town Attorney that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Engineer, the Town Superintendent
of Highways and the Town Attorney may, upon the approval of the Planning
Commission, authorize modifications, provided that these modifications
are within the spirit and intent of the Planning Commission's approval
and do not extend to a waiver or substantial alteration of the function
of any improvements required by the Commission. The Town Engineer
shall issue any authorization under this section in writing and shall
transmit a copy of such authorization to the Planning Commission at
its next regular meeting.
C.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider
shall notify the Town Engineer and the Town Superintendent of Highway,
in writing, of the time when he proposed to commence construction
of such improvements so that said officials may arrange for inspections
to be made to assure that all specifications and requirements shall
be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required
by the Planning Commission.
(1)
Inspection fees. The Town Engineer may designate a
consulting engineer and/or additional staff personnel to facilitate
inspection of all required improvements. The subdivider shall be responsible
for all fees associated with inspection of required improvements.
The Town Engineer shall obtain an estimate from any designated consultant
in an amount sufficient to defray the costs of such services. The
subdivider shall enter into an escrow agreement with the Town of Rotterdam,
and said agreement shall be executed by the Rotterdam Town Supervisor,
upon authorization by the Rotterdam Town Board and recommendation
from the Town Engineer. The Rotterdam Town Attorney shall prescribe
the terms and appropriate form of the escrow agreement. Any portion
of the estimated charges so collected by escrow agreement which is
not expended by the Town shall be returned to the applicant.
[Added 12-9-1992 by L.L. No. 32-1992]
D.
Proper installation of improvements. If the Town Engineer
or the Town Superintendent of Highways finds, upon inspection of the
improvements performed before the expiration date of the irrevocable
standby letter of credit, that any of the required improvements have
not been constructed in accordance with plans and specifications filed
by the subdivider, he shall so report to the Town Board, Building
Inspector/Code Enforcement Officer and Planning Commission. The Town
Board then shall notify the subdivider and, if necessary, the surety
and take all necessary steps to preserve the town's rights under the
irrevocable standby letter of credit. No plat shall be approved by
the Planning Commission as long as the subdivider is in default on
a previously approved plat.[1]
A.
Final approval and filing. The signature of the Chairman
of the Planning Commission constituting final approval by the Planning
Commission of a plat showing lots, blocks or sites, with or without
streets or highways or the approval by such Commission of the development
of a plat or plats are located if such plats are entirely or partially
undeveloped, or the certificate of the Town as to the date of the
submission of the final plat and the failure of the Planning Commission
to take action thereon within the time prescribed, shall expire within
62 days from the date of such approval, or from the date such certificate
is issued unless within such sixty-two-day period, such plat or a
section thereof shall have been duly filed or recorded by the owner
in the office of the County Clerk. In the event the owner shall file
only a section of such approved plat in the office of the County Clerk,
the entire approved plat shall be filed within 30 days of the filing
of each section with the Town Clerk. Such section shall encompass
at least 10% of the total number of lots contained in the approved
plat and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of Town Law § 265-a Subdivision 2.
[Amended 4-5-1978][1]
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after
approval has been given by the Planning Commission endorsed in writing
on the plat, unless said plat is first resubmitted to the Planning
Commission and such Commission approves any modifications. In the
event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void,
and the Board shall institute proceedings to have the plat stricken
from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the
Planning Commission of a subdivision plat shall not be deemed to constitute
or be evidence of any acceptance by the Town of any street, easement
or other open space shown on such subdivision plat.
B.
Ownership and maintenance of recreation areas. When
a park, playground or other recreation area shall have been shown
on a plat, the approval of said plat shall not constitute an acceptance
by the Town of such area. The Planning Commission shall require the
plat to be endorsed with appropriate notes to this effect. The Planning
Commission may also require the filing of a written agreement between
the applicant and the Town Board covering future deed and title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any such recreation area.
In considering applications for subdivision of land, the Planning Commission shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Commission only under circumstances set forth in § 249-26 herein.
A.
Character of land. Land to be subdivided shall be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood, erosion, slippage
or other menace.
B.
Conformity to Official Map and Master Plan. Subdivisions
shall conform to the Official Map (if any) of the Town and shall be
in harmony with the Master Plan.
C.
Specifications for required improvements. All required
improvements shall be constructed or installed to conform to the Town
specifications which may be obtained from the Town Engineer.
A.
Width, location and construction. Streets shall be
of sufficient width, suitably located and adequately constructed to
conform to the Master Plan, and to accommodate the prospective traffic
and afford access for fire-fighting, snow-removal and road-maintenance
equipment. The arrangement of streets shall be such as to cause no
undue hardship to adjoining properties and shall be coordinated so
as to compose a convenient system.
B.
Arrangement.
(1)
The arrangement of streets in the subdivision shall
provide for the continuation of principal streets of any adjoining
subdivision, and for proper projection of principal streets into adjoining
properties which are not yet subdivided, in order to make possible
necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and public service such as sewers, water and drainage facilities.
Where, in the opinion of the Planning Commission, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
(2)
Subdivisions containing 20 lots or more shall have
at least two street connections with existing collector streets or
streets on an approved subdivision plat for which a bond has been
filed.
C.
Minor streets. Minor streets shall be so laid out
that their use by through traffic will be discouraged.
D.
Special treatment along major (arterial) streets.
When a subdivision abuts or contains an existing or proposed arterial
street, the Commission shall require marginal access streets, reverse
frontage with screen planting contained in a nonaccess reservation
along the rear property line or such other treatment as may be necessary
for adequate protection of residential properties and to afford separation
of through and local traffic. (See Sketch A.)[1]
[1]
Editor's Note: Sketch A of the Subdivision Design Details is included at the end of this chapter.
E.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which a subdivision is located,
the Commission may require that streets and lots be laid out so as
to permit future resubdivision in accordance with the requirements
contained in these regulations.
F.
Dead-end streets. The creation of cul-de-sac or loop
residential streets will be encouraged wherever the Commission finds
that such type of development will not interfere with normal traffic
circulation in the area. In the case of such streets, where needed
or desirable, the Commission may require the reservation of a ten-foot-or-wider
easement to provide for continuation of pedestrian traffic and utilities
to the next street.
G.
Block size. Blocks generally shall not be less than
400 feet nor more than 1,200 feet in length. In general, no block
width shall be less than twice the normal lot depth. In blocks exceeding
800 feet in length, the Planning Commission may require the reservation
of a ten-foot-or-wider easement through the block to provide for the
crossing of underground utilities and pedestrian traffic where needed
or desirable and may further specify, at its discretion, that a paved
footpath be included.
H.
Intersections with collector, major (arterial) streets
or roads. Minor or secondary street openings into such roads shall,
in general, be at least 500 feet apart.
I.
Street jogs at intersections. Two parallel streets
intersecting a third street with center-line-to-center-line distance
of less than 125 feet shall be avoided. (See Sketch B.)[2]
[2]
Editor's Note: Sketch B of the Subdivision Design Details is included at the end of this chapter.
J.
Angle of intersection. In general, all streets shall
join each other so that, for a distance of at least 100 feet, the
street is approximately at right angles to the street it joins. (See
Sketch C.)[3]
[3]
Editor's Note: Sketch C of the Subdivision Design Details is included at the end of this chapter.
K.
Relation to topography. The street plan of a proposed
subdivision shall bear a logical relationship to the topography of
the property.
L.
Other required streets. Where a subdivision borders
on or contains a railroad right-of-way or limited access highway right-of-way,
the Planning Commission may require a street approximately parallel
to 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 districts).
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
A.
Widths of rights-of-way and street pavements. Each
Town right-of-way shall have a minimum width of 60 feet. The minimum
pavement width of each street shall be 30 feet.
[Amended 8-24-1988 by L.L. No. 5-1988]
B.
Required street improvements. Required street improvements
shall meet standards established and published by the Town Engineer
and the Town Superintendent of Highways. These include provisions
for grading, subbase, wearing surface, construction methods, cold
weather regulations and other standards.
[Amended 10-28-1992 by L.L. No. 30-1992]
C.
Street drainage. Street and road culverts, headwalls
or other appurtenances shall be installed by the developer where necessary.
Where there is no natural stream or watercourse for the drainage of
surface water from the proposed street or road, the developer shall
secure rights-of-way and install stormwater drains to a natural waterway
or as a Town Engineer directs. All street storm and sanitary sewers
shall be constructed according to the grades on the plat submitted
at the public hearing.
D.
Utilities in streets.
(1)
The Planning Commission shall require that underground
utilities be placed in the street right-of-way between the street
pavement and street right-of-way line wherever possible, to simplify
location and repair of lines when they require attention. The subdivider
shall install underground service connections in the street to the
property line of each lot within the subdivision for such required
utilities before the street is paved. Installation of fire hydrants
shall be in conformity with all requirements of standard thread and
nut as specified by the New York Fire Insurance Rating Organization
and the Division of Fire Safety of the State of New York.
(2)
Electric and telephone service shall be underground
except that major electrical transmission lines may be placed on utility
right-of-way at least 150 feet from any street except where such street
is crossed at no less than a seventy-five-degree angle.
(3)
Real property developers shall be required to install
in the streets underground conduits for gas service, electric service
and telephone service at their own expense, which shall be installed
prior to the acceptance of street or their installation should be
secured by a performance bond or deposit of other security. This regulation
shall be enacted upon all major subdivisions of more than four lots.
[Added 1-16-1974; amended 3-12-1986 by L.L. No. 4-1986]
E.
Utility easements and alignments.
(1)
Where topography is such as to make impractical the
inclusion of utilities within the street rights-of-way, perpetual
unobstructed easements at least 20 feet in width shall be provided
with satisfactory access to the street. Wherever possible, easements
shall be continuous from block to block and shall present as few irregularities
as possible. Such easements may be cleared or graded and shall be
part of the subdivision open space plan.
(2)
Alignments for major overhead utility lines shall
be reviewed and provided for in such a manner as to minimize detrimental
impact on the development and surrounding area.
F.
Grades.
(1)
Grades of all streets shall conform in general to
the terrain, and shall be not less than 1/2 nor more than 8% for collector,
or 10% for minor streets in residential areas, but in no case more
than 3% within 50 feet of any intersection.
(2)
All changes in grade shall be connected by vertical
curves of such length and radius as meet with the approval of the
Town Engineer so that clear visibility shall be provided for a safe
distance.
(3)
A combination of steep grades and curves shall be
avoided.
G.
Curves and visibility at intersections.
(1)
All street right-of-way lines at intersections shall
be rounded by curves of at least twenty-foot radius, and curbs shall
be adjusted accordingly. (See Sketch D.)[1]
[1]
Editor's Note: Sketch D of the Subdivision Design Details is included at the end of this chapter.
(2)
In order to provide visibility for traffic safety,
that portion of any corner lot (whether at an intersection entirely
within the subdivision or of a new street with an existing street)
which is within the triangular area formed by the intersecting street
right-of-way lines and a straight line joining said lines at 30 feet
distant from the point of intersection shall be cleared of all growth,
except isolated trees, and obstructions more than three feet higher
than the center line of the street. If directed, ground shall be excavated
to achieve visibility.
H.
Culs-de-sac. Where cul-de-sac streets are designed
to be so permanently, they should, in general, not exceed 500 feet
in length, and shall terminate in a circular turnaround having a minimum
right-of-way radius of 60 feet and pavement radius of 50 feet. At
the end of temporary dead-end streets, a temporary turnaround with
a pavement radius of 50 feet shall be provided unless the Planning
Commission approves an alternate arrangement.
I.
Watercourses.
(1)
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Town Engineer.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way as required by the Town Engineer,
and in no case less than 20 feet in width.
J.
Curve radii. In general, street lines within a block,
deflecting from each other at any one point by more than 10°,
shall be connected with a curve, the radius of which for the center
line of street shall not be less than 200 feet on collector streets
and 100 feet on minor streets. (See Sketch E.)[2]
[2]
Editor's Note: Sketch E of the Subdivision Design Details is included at the end of this chapter.
K.
Reserve strips prohibited. Reserve strips of land,
to be used to control access from the proposed subdivision to any
neighboring property, or to any land within the subdivision itself
shall be prohibited.
L.
Free flow of vehicular traffic abutting commercial
developments. In front of areas zoned and designed for commercial
use, or where a change of zoning to a zone which permits commercial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Planning Commission
to assure the free flow of through traffic without interference by
parked or parking vehicles, and to provide adequate and safe parking
space for such commercial or business district.
All street names shown on a preliminary plat
or subdivision plat shall be approved by the Planning Commission.
In general, streets shall have names and not numbers or letters. Proposed
street names shall be substantially different so as not to be confused
in sound or spelling with present names except that streets that join
or are in alignment with streets of an abutting or neighboring property
shall bear the same name. Generally, no street should change direction
by more than 90º without a change in street name.
[Amended 12-22-2004 by L.L. No. 19-2004]
A.
As part of any subdivision approval, the Planning
Commission is authorized to require the construction of sidewalks
built to specifications adopted by the Department of Public Works.
Construction of any such sidewalk shall be the responsibility of the
property owner. Maintenance of any such sidewalk shall be the responsibility
of the property owner and it shall be maintained to the level of specifications
as adopted by the Department of Public Works. Any and all liability
for any action related to such sidewalks shall be the responsibility
of the property owner.
B.
Any subdivision map requiring construction of sidewalks pursuant to this section shall contain a note that states: "Construction, maintenance and liability for sidewalks appearing on this map shall be governed by Rotterdam Town Code § 249-19 and all specifications adopted pursuant to said section."
C.
Sidewalks shall be maintained pursuant to Town specifications.
Failure to maintain sidewalks constructed pursuant to this section
shall result in a fine of up to $250 or 15 days in jail, or both.
Enforcement of this section shall be by the Building Inspector/Code
Enforcement Officer upon written complaint.
A.
Lot size. All lots shall have area and width equal
to minimum requirements of the zoning regulations, if any, and New
York State Department of Health regulations (pursuant to Public Health
Law § 1115 and following) applying to the district in which
they are located. Larger lots may be required if necessary to carry
out the purposes of this regulation.
B.
Side lines. Side lines of lots shall be approximately
at right angles to straight street lines and radial to curved street
lines, unless a variance from this rule will give a better street
or lot plan.
C.
Corner lots. In general, corner lots should be larger
than interior lots to provide a desirable building site with proper
building setback from each street.
D.
Driveway access. Driveway grades between the street
and the setback line shall not exceed 7%.
E.
Access from private streets. Lots on private streets
shall be deemed acceptable only if such streets are designed and improved
in accordance with these regulations unless overall design is improved
by an alternative.
F.
Monuments and lot corner markers. Permanent monuments
meeting specifications approved by the Town Engineer as to size, type
and installation, shall be set at such block corners, angle points,
points of curves in streets and other points as the Town Engineer
may require, and their location shall be shown on the subdivision
plat.
Adequate storm drainage systems shall be required
in all subdivisions. The drainage system shall be designed by a person
licensed to perform such work.
A.
Removal of spring and surface water. Any spring or
surface water that may exist either previous to, or as a result of,
the subdivision shall be carried away by pipe or open ditch. Such
drainage facilities shall be located in the street right-of-way, where
feasible, or in perpetual unobstructed easements of appropriate width.
B.
Drainage structure to accommodate potential development
upstream. A culvert of other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside of the subdivision. The Town
Engineer shall approve the design and size of facility based on anticipated
runoff from a ten-year storm under conditions of total potential development
permitted by the Zoning Ordinance[1] in the watershed. The cost of a culvert or other drainage
facility in excess of that required for the particular subdivision
may be deemed to be the responsibility of the town, or may be prorated
among the upstream property owners and access when upstream land is
subdivided.
C.
Responsibility from drainage downstream. The subdivider's
engineer shall also study and report on the effect of each subdivision
on the existing downstream drainage facilities outside the area of
the subdivision; and this report shall be reviewed by the Town Engineer.
When it is anticipated that the additional runoff incident to the
development of the subdivision will overload an existing downstream
drainage facility during a ten-year storm, the Planning Commission
shall notify the Town Board of such potential condition. In such case,
the Planning Commission shall not approve the subdivision until provision
has been made for the improvement of said condition.
D.
Land subject to flooding. Land subject to flooding
or land deemed by the Planning Commission to be uninhabitable shall
not be platted for residential occupancy, nor for such other uses
as may increase danger to health, life or property or aggravate the
flood hazard, but such land within the plat shall be set aside for
such uses as shall not be endangered by periodic or occasional inundation
or improved in a manner satisfactory to the Planning Commission to
remedy said hazardous conditions.
E.
Drainage plan. All subdividers shall present an individual
lot drainage plan for each lot in their proposed subdivision. Such
plan shall be used in the grading of lots before a certificate of
occupancy is granted, as required by the Zoning Ordinance.[2] No roof leaders or footing drains which carry stormwater
will be permitted to use a sanitary sewer nor a so-called dry well
in an area where the dominant soil is hardpan, but shall be adequately
disposed of upon the ground surface.
F.
Curbs and gutters. Concrete or store curbs and satisfactory
gutters and storm drains shall be provided to carry snow and rain
runoff from street surfaces along which sidewalks are required.
A.
Open space.
(1)
Recreation areas.
(a)
The Planning Commission shall require that the
plat show sites of a character, extent and location suitable for the
development of a park, playground or other recreation purpose in the
vicinity of the subdivision. Where a proposed park, playground or
open space shown on the Town Plan is located in whole or in part in
the subdivision, the Commission shall require that such area or areas
be shown on the plat in accordance with the requirements specified
above. Such area or areas may be dedicated to the Town by the subdivider
if the Town Board approves such dedication.
(b)
In the event that an area suitable for a park
or playground is located in the subdivision, the subdivider shall
submit to the Commission, prior to final approval, three prints (one
on cloth) drawn in ink, showing, at a scale of not less than 30 feet
to the inch, such area and the following features thereof:
(c)
The subdivider shall provide recreation areas
sufficient to meet standards established by the Town Master Plan.
(2)
Waiver of plat designation of area for parks and playgrounds.
[Amended 12-9-1992 by L.L. No. 32-1992]
(a)
In cases where the Planning Commission finds that, due to the size, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein or, in the opinion of the Commission, it is not desirable, the Commission may waive the requirements that the plat show land for such purposes. The Commission may then require as a condition to approval of the plat a payment to the Town as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Town Code, entitled "Fees," which otherwise would have been acceptable as a recreation site, as determined by the standards set forth in § 249-22A(1).
(b)
Such amount shall be paid to the Town of Rotterdam
at the time of final plat approval, and no plat shall be signed by
the authorized officer of the Planning Commission until such payment
is made. All such payments shall be held by the Town Board in a special
Town Recreation Site Acquisition and Improvement Fund to be used for
the acquisition of land that is suitable for permanent park, playground
or other recreational purposes and is so located that it will serve
primarily the general neighborhood in which the land covered by the
plat lies and shall be used only for park, playground or other recreational
land acquisition or improvements. Such money may also be used for
the physical improvement of existing parks or recreation areas serving
the general neighborhood in which the land shown on the plat is situate,
provided that the Planning Commission finds that there is a need for
such improvements.
(c)
The Commission may then require as a condition of approval of the plat for each major or minor subdivision a payment to the Town of fees as prescribed in § 249-22A(2)(a) in lieu of land dedication under this section.
[Amended 8-12-2009 by L.L. No. 6-2009]
B.
Preservation of natural features. The Planning Commission,
shall, wherever possible, establish the preservation of all natural
features which add value to residential developments and to the community,
such as large trees or groves, watercourses and falls, beaches, historic
spots, vistas and similar irreplaceable assets. No tree with a diameter
of eight inches or more as measured three feet above the base of the
trunk shall be removed unless such tree is within the right-of-way
of a street as shown on the final subdivision plat or individual house
sites and driveways. Removal of additional trees shall be subject
to the approval of the Planning Commission.
The sketch plan initially submitted to the Planning
Commission shall be based on an accurate base map at a scale (preferably
not less than 200 feet to the inch) to enable the entire tract to
be shown on one sheet. The sketch plan shall show the following information:
A.
The location of that portion which is to be subdivided
in relation to the entire tract, and the distance to the nearest existing
street intersection.
B.
All roads, structures, wooded areas, streams, utilities and other physical features within the portion to be subdivided and within 100 feet thereof, including those covered by § 249-22B. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
C.
The name of the owner and all adjoining property owners
as disclosed by the most recent municipal tax records.
D.
The tax map sheet, block and lot numbers, if any.
F.
All existing restrictions on the use of land, including
easements, covenants, zoning districts and land reserved on Town or
County Official Maps (if any).
A.
In the case of minor subdivision only, the subdivision
plat application shall include the following information:
(1)
A copy of such covenants or deed restrictions intended
to cover all or part of the tract.
(2)
An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
the tract shall also be located on the ground and marked by monuments
as approved by the Town Engineer, and shall be referenced and shown
on the plat.
(3)
All on-site sanitation and water supply facilities
shall be designed to meet the minimum specifications of the New York
State Department of Health, and a note to this effect shall be stated
on the plat and signed by a licensed engineer.
(4)
Proposed subdivision name, and "Rotterdam, Schenectady
County."
(5)
The date, North point, map scale, name and address
of record owner and subdivider.
B.
The plat to be filed with the County Clerk shall be
printed upon linen tracing cloth or suitable substitute and be clearly
drawn in India ink. The size of the sheet shall conform to the County
Clerk's standards.
[Amended 4-5-1978]
The following documents shall be submitted for
approval:
A.
Eight copies of the preliminary plat prepared at a
scale of not more than 100 but preferably not less than 50 feet to
the inch, showing:
(1)
Proposed subdivision name, "Rotterdam, Schenectady
County," date, true North point, scale, name and address of record
owner, subdivider and engineer or surveyor, including license number
and seal.
(2)
The name of all subdivisions immediately adjacent
and the name of the owners of record of all adjacent unsubdivided
property.
(4)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5)
Location of existing property lines, easements, buildings,
watercourses, marshes, rock outcrops, wooded areas, single trees with
a diameter of eight inches or more as measured three feet above the
base of the trunk and other significant existing features for the
proposed subdivision and adjacent property.
(6)
Location of existing sewers, water mains, culverts
and drains on and adjacent to the property, with pipe sizes, grades
and direction of flow.
(7)
Contours, with intervals of five feet or less, as
required by the Commission, including elevations on existing roads.
Approximate grading plan if natural contours are to be changed more
than two feet.
(8)
The width and location of any streets or public ways
or places shown on the Official Map (if any) or the Master Plan within
the area to be subdivided, and the width, location, grades and street
profiles of all streets or public ways proposed by the developer.
(9)
The approximate location and size of all proposed
water lines, valves, hydrants and sewer lines and fire alarm boxes.
Connection to existing lines or alternate means of water supply or
sewage disposal and treatment as provided in the Public Health Law.
Profiles of all proposed water and sewer lines.
(10)
Storm drainage plan indicating the approximate
location and size of proposed lines and their profiles. Connection
to existing lines or alternate means of disposal.
(11)
Plans and cross sections showing the proposed
location and type of sidewalks, street lighting standards, street
trees, curbs, water mains, sanitary sewers and storm drains, and the
size and type thereof, the character, width and depth of pavements
and subbase, the location of manholes, basins and underground conduits.
(12)
Profiles of proposed streets with existing elevations
every 50 feet and street grades shown.
(13)
Preliminary designs of any bridges or culverts
which may be required.
(14)
The proposed lot lines with approximate dimensions
and area of each lot.
(15)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
areas as laid out, the preliminary plat shall show the boundaries
of proposed permanent easements over or under private property, and
which shall provide satisfactory access to a public highway or public
open space shown on the subdivision of the Official Map (if any).
(16)
An actual field survey of the boundary lines
of the tract, giving complete description data by bearings and distances,
made and certified to by a licensed land surveyor. The tract corners
shall also be located on the ground and marked by substantial monuments
of such size and type as are approved by the Town Engineer, and shall
be referenced and shown on the plat.
B.
If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of not
less than 400 feet to the inch showing an outline of the platted area
with its proposed streets and indication of the probable future street
system with its grades and drainage in the remaining portion of the
tract and the probable future drainage layout of the entire tract
shall be submitted. The part of the subdivider's entire holding submitted
shall be considered in the light of the entire holdings.
C.
A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
The following documents shall be submitted for
plat approval:
A.
Final plat.
(1)
The plat to be filed with the County Clerk shall be
printed upon linen tracing cloth or suitable substitute and be clearly
drawn in India ink. The size of the sheets shall conform to Town standards.
The plat shall be drawn at a scale of no more than 100 feet to the
inch and oriented with the North point at the top of the map. When
more than one sheet is required, a key map or an additional index
sheet of the same size, shall be filed showing to scale the entire
subdivision with lot and block numbers clearly legible.
(2)
The plat shall show:
(a)
Proposed subdivision name or identifying title
and "Rotterdam, Schenectady County," the name and address of record
owner and subdivider, name, license number and seal of the licensed
land surveyor.
(b)
Street lines, pedestrianways, lots, reservations,
easements and areas to be dedicated to public use.
(c)
Sufficient data acceptable to the Town Engineer
to determine readily the location, bearing and length of every street
line, lot line, boundary line and to reproduce such lines upon the
ground. Where applicable, these should be referenced to monuments
included in the state system of plane coordinates, and in any event
should be tied to reference points previously established by a public
authority.
(d)
The length and bearing of all straight lines,
radii, length of curves and central angles of all curves and tangent
bearings shall be given for each street. All dimensions and angles
of the lines of each lot shall also be given. All dimensions shall
be shown in feet and inches. The plat shall show the boundaries of
the property, location, graphic scale and true North point.
(e)
The plat shall also show by proper designation
thereon all public open spaces for which deeds are included and those
spaces title to which is reserved by the developer. For any of the
latter, there shall be submitted with the subdivision plat copies
of agreements or other documents showing the manner in which such
areas are to be used and maintained and the provisions made therefor.
(f)
All offers of cession and covenants governing
the maintenance of unceded open space shall bear the certificate of
approval of the Town Attorney as to their legal sufficiency.
(g)
Lots and blocks within a subdivision shall be
numbered and lettered in alphabetical order in accordance with the
prevailing Town practice.
(h)
Permanent reference monuments shall be shown,
and shall be constructed in accordance with specifications of the
Town Engineer. When referenced to the state system of plane coordinates,
they shall also conform to the requirements of the State Department
of Transportation. They shall be placed as required by the Town Engineer
and their location noted and referenced upon the plat.
(i)
All lot corner markers shall be at least 3/4
inch, if metal, in diameter and at least 24 inches in length, and
permanently located in the ground to existing grade in a manner satisfactory
to the Town Engineer.
(j)
Monuments of a type approved by the Town Engineer
shall be set at all corners and angle points of the boundaries of
the original tract to be subdivided; and at all street intersections,
angle points in street lines, points of curve and such intermediate
points as shall be required by the Town Engineer.
B.
Construction drawings, including plans, profiles and
typical cross sections, as required, showing the proposed location,
size and type of streets, sidewalks, street lighting standards, street
trees, curbs, water mains, sanitary sewers and storm drains, pavements
and subbase, manholes, catch basins and other facilities.
A.
Where the Planning Commission finds that extraordinary
and unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public interest secured; provided that such variations
will not have the effect of nullifying the intent and purpose of the
Official Map (if any), the Master Plan, or the Zoning Ordinance.[1]
B.
Where the Planning Commission finds that, due to the
special circumstances of a particular plat, the provisions of certain
required improvements is not requisite in the interest of the public
health, safety and general welfare or is inappropriate because of
inadequacy or lack of connecting facilities adjacent or in proximity
to the proposed subdivision, it may waive such requirements subject
to appropriate conditions.
C.
In granting variances and modifications, the Planning
Commission shall require such conditions as will, in its judgment
secure substantially the objectives of the standards or requirements
so varied or modified.
D.
Waiver for lot line amendments.
[Added 11-12-2008 by L.L. No. 12-2008]
(1)
An applicant may request that the subdivision process
be waived when a proposed subdivision:
(a)
Does not result in an additional lot being created;
(b)
Is a minor modification to an existing lot line;
or
(c)
The conveyance of a portion of one parcel to
an adjoining parcel; and
(d)
The resultant lots are equal to or exceed the
minimum zoning requirements or do not make any existing nonconforming
lot more nonconforming.
(2)
To request such waiver, the applicant shall complete
a boundary line adjustment application, submit a sketch plan in accordance
with this chapter, pay the required application fee and submit a narrative
explaining the proposed boundary line adjustment for Planning Board
review.
(3)
If the waiver is granted, the applicant shall file
a surveyed map of the subdivision with the Department of Public Works
in accordance with this chapter. The Planning Board Chairman shall
be authorized to sign the final map for filing with the Schenectady
County Clerk's office.
(4)
If the Planning Commission denies the request for
a waiver, the applicant must proceed with the submission requirements
to the Planning Board, as outlined in this chapter, which shall initiate
a full subdivision review.[2]
[2]
Editor's Note: Application Form Nos. 1 through 4, which were included at the end of this chapter and were obsolete, were repealed 11-12-2008 by L.L. No. 12-2008.
