City of Amsterdam, NY Article V General Requirements and Design Standards

§ 210-16 General requirements.

Any subdivider who proposes to develop a subdivision in the City of Amsterdam shall observe all general requirements for land subdivision as herein provided.

A. Character of land. Land to be subdivided shall be of such character that, in the opinion of the Planning Commission, it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and with a minimum of detrimental effects on the environment.

B. Preservation of any significant existing features. The Planning Commission may require the preservation of natural features which add value to residential developments and to the community, such as large trees or wooded areas, watercourses, historic spots and similar irreplaceable assets.

C. Conformance with Official and Master Plan. Subdivision plats and improvements provided shall conform to Chapter 250, Zoning, of the City of Amsterdam and shall be in harmony with the Master Plan.

D. Minimum lot area. No lot in a subdivision shall have less than the minimum lot area and minimum lot dimensions required by Chapter 250, Zoning, for the district in which it is located, unless otherwise provided in Chapter 250, Zoning, or as provided for residential cluster development by Article VII of these regulations.

E. Plats with access through other municipalities. Whenever access to a subdivision is by crossing land in another municipality, the Planning Commission may require assurance from said municipality that such access is adequately improved or that a legally adequate performance guaranty has been duly posted and is sufficient in amount to assure the construction of the necessary road or roads.

F. Replatting. Replatting of all or part of land covered by an existing plat which has been laid out prior to compulsory subdivision plat review, approval and filing shall comply with these regulations as now required.

G. Preservation of topsoil. No topsoil shall be removed from any land in the city, except that in areas over which heavy equipment will be operated, the topsoil shall be stripped and stockpiled on the property. When final grades have been established and construction activities have been completed, the entire property shall be suitably graded and, to the extent practicable, recovered with topsoil, to a depth of at least four inches after rolling, except that portion of the site covered by buildings or included in the roads.

H. Watercourses. Where a watercourse separates a proposed street from an abutting property, provision shall be made for access to all lots by culverts or other permanent drainage structures. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-or-way, not less than 30 feet in width. All such structures and rights-of-way shall be of design and specification approved by the designated City Engineer.

I. Floodplains. If any portion of the land within the subdivision is subject to periodic inundation or flood hazard caused by storm water, this portion shall be clearly indicated on any submissions required by these regulations. In cases of doubt, the Planning Commission may require the submission of a flood hazard study delineating the limits of the one-hundred-year floodplain. Such study shall be conducted by a licensed professional engineer.

(1) Land subject to flooding and land deemed by the Planning Commission to be otherwise uninhabitable shall not be platted for residential occupancy nor for any such other use that may increase danger to health, life or property or aggravate the flood hazard.

(2) Any subdivision, including all proposed improvements and construction, must comply with all further applicable provisions of the National Flood Insurance Act of 1968, including all amendments thereto.

§ 210-17 Subdivision design standards.

The subdivider shall additionally conform to all subdivision design standards as herein provided. These standards shall be considered minimum standards and shall be modified or waived by the Planning Commission only as provided for in §§ 210-24 and 210-25 of these regulations.

A. Lots.

(1) Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 250, Zoning, there will be no foreseeable prohibitions to development based upon soils, topography or other natural conditions.

(2) Corner lots. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line on both streets, as well as side yard requirements, for the zoning district in which the lot is located.

(3) Minimum lot size. Except as provided by Article VII of these regulations, in the case of cluster development, each lot shall be no smaller than the minimum lot area and lot dimensions required by the Chapter 250, Zoning, for the district in which it is located.

(4) Driveway grade. Driveway grades between the street pavement and the building setback line shall not exceed 10%.

(5) Access from public streets. The subdividing of land shall be such as to provide each lot with satisfactory access, either directly or via suitably improved private streets, for routine and emergency purposes from the community's system of public streets and roadways.

B. Streets.

(1) Street and block layout.

(a) Streets shall be laid out to achieve a convenient system in conformance with the Master Plan. Provision shall be made for appropriate connections to existing streets and the future extension of streets into areas not subdivided. No reserve strips preventing access to adjoining properties shall be shown.

(b) Block lengths shall generally not exceed 1,000 feet nor be less than 500 feet. Block depths shall be of such dimension as to provide every lot with street frontage.

(c) Intersections shall be designed to provide maximum visibility and safety. Cross-intersections are to be avoided except where necessary to permit the convenient flow of through traffic. The angle of intersection of streets shall be 90° or as close thereto as possible. Offset intersections of less than 150 feet shall be avoided.

(d) Dead-end streets shall not exceed 500 feet in length and shall be provided with a turnaround at the closed end. Turnarounds of circular design shall have a pavement diameter of at least 80 feet and a property line diameter of at least 100 feet. Turnarounds of a Y design shall have two arms of not less than 60 feet, measured from the center line of the road and an arm width, at the end, of not less than 50 feet.

(e) A temporary turnaround (extending to the subdivision boundary) shall be shown at the end of all streets not connected to an existing street at the time of subdivision. The excess street area needed for such turnaround shall be shown as reverting to adjoining lots when the street is extended.

(2) Street design and improvements.

(a) All proposed street improvements shall be installed by the subdivider in accordance with established city policy. The design of all such improvements shall be subject to review and approval by the designated City Engineer in those cases where these regulations do not provide a specific guide.

(b) Streets shall be no less than 50 feet in right-of-way width. In cases where a major street is needed to accommodate existing or prospective traffic, the Board may require the dedication or reservation of a greater width.

(c) Street grades shall generally not exceed 8%, except in extraordinary circumstance where 10% grade may be authorized for short distances. Changes in grade shall be connected by vertical curves of no less than 100 feet radius.

(d) Street curvature, measured horizontally, shall not be less than a one-hundred-foot radius measured at the inside property line. Radii of major streets shall not be less than 200 feet. Property lines at street intersections shall be rounded by a curve of no less than 15 feet radius.

(e) Street improvements shall, in general, include the following:

[1] Graded area for pavement, sidewalk and drainage facilities as needed. Pavement widths shall be at least 28 feet, not including curbs, except where more width is required to handle prospective traffic.

[2] Suitable pavement, curbing and drainage facilities and appurtenances.

[3] Sidewalks.

[4] Streetlighting standards.

(f) Street improvement specifications shall be as follows:

[1] Subgrade. All top soil shall be removed from the area 16 feet on each side of the center line, unless a fill of five feet or more is required. Fills must be made with material approved by the designated City Engineer and shall be placed in layers not over six inches thick, and each layer shall be properly rolled. All muck, quicksand, spongy material and any other objectionable material shall be removed, as ordered by the designated City Engineer. The subgrade of all streets and roads shall be graded as follows: The center portion, 16 feet on each side of the center line shall be 14 inches below the finished grade, as shown on the street profile. After the subgrade has been properly shaped, it shall be thoroughly rolled and compacted. Drainage ditches shall be provided on each side of the street. Where curbs are not required, the center line of which shall be 18 feet from the center of the street. Ditches shall be at least 18 inches below finished shoulder grade, one foot wide at the base, with slopes one foot vertical to two feet horizontal. The grade of the outside area or sidewalk and planting strip section shall in no case be lower than the crown of the pavement nor more than eight inches above the crown. No gravel or stone is to be placed on the subgrade until the subgrade is inspected and approved by the designated City Engineer.

[2] Base course. The width, thickness and method of constructing the base course may vary, depending upon the amount of traffic anticipated, the type of material used and the condition of the subgrade. All materials and construction procedure shall be subject to the approval of the designated City Engineer and shall comply with current construction and material specifications of the New York State Department of Transportation.

[a] A base course, consisting of not less than 12 inches of compacted stone or gravel, approved by the designated City Engineer, shall be installed. Street and road culverts shall be installed by the developer where necessary. Driveway culverts shall not be less than 12 inches in diameter and 16 feet in length; the material and installation to be approved by the designated City Engineer.

[b] 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 construct ditches or install stormwater sewers to a natural waterway or as the designated City Engineer directs.

[3] Surface or wearing course. The surface or wearing course shall be as specified by the designated City Engineer.

[4] Curbs and gutters.

[a] Where curbs exist on abutting properties, their extension by the developer will ordinarily be required throughout the proposed subdivision.

[b] Where curbs are not required, adequate gutters shall be graded and protected by seeding or appropriate surfacing by the developer.

[c] Concrete curbs shall be wall-type, a minimum six inches by eight inches by 18 inches and shall comply with current construction and material specifications of the New York State Department of Transportation. Inclined asphaltic concrete curbs may be substituted when specifically approved by the Planning Commission and the designated City Engineer.

[5] Sidewalks. The City Planning Commission may require such sidewalks as it deems necessary to provide for the safety of pedestrians. Concrete sidewalks at least five feet wide and four inches thick shall comply with the current construction and material specifications of the New York State Department of Transportation.

C. Parks and public open space. Adequate lands for parks and other public open space purposes shall be provided in any subdivision of land for five or more lots for residential purposes throughout the City of Amsterdam.

(1) Amount of land dedicated. In general, the Planning Commission shall require that 10% of the total land area within the subdivision be set aside and shown on the plat for park and public open space purposes. The minimum area of contiguous open space acceptable for this use shall be one acre; a smaller public open space may be approved by the Planning Commission if the difference in area between the open space offered, and the one acre minimum may reasonably be expected to be provided by future subdivision of adjacent land for residential purposes. All lands designated on the plat as park or public open space must be deemed suitable for this purpose by the Planning Commission based upon analysis of the lands' topographic, geologic, hydrological and locational characteristics. The Planning Commission may establish such conditions on the subdivision concerning access, use and maintenance of such park and public open space lands as deemed necessary to ensure the preservation of the lands, in perpetuity, for their intended purposes. Such conditions shall be clearly noted by the licensed land surveyor and/or professional engineer on the plat prior to final plat approval and subsequent recording of the plat in the Office of the Montgomery County Clerk.

(2) Information to be submitted. In the event that an area to be used for park or public open space is required to be shown, the subdivider shall submit, prior to final plat approval, to the Planning Commission, drawings at a scale of not less than 20 feet to the inch of such area and the following features thereof:

(a) The boundaries of said area, giving lengths and bearings of all straight lines; and radii, lengths, central angles and tangent distances of all curves.

(b) Existing features, such as streams, ponds, clusters of trees, rock outcrops and structures, existing and proposed.

(c) Existing and, if applicable, proposed changes in grade contours of said area and of the area immediately adjacent for a distance of not less than 100 feet.

(d) Plans for improvements of said area, not limited to grading, seeding, fencing, landscaping, the provision of play and related equipment and the address of conditions relating to the protection of the public health and safety.

(3) Payment in lieu of dedication. In cases where because of the size, topography or location of the subdivision or because of the size of the individual lots provided within the subdivision or of the proposed open space, the requirement for land dedication or reservation for parks and other public open space purposes would be deemed unreasonable or undesirable by the Planning Commission, the Planning Commission shall alternatively require, under § 33 of the General City Law, that a payment be made into a special fund for city recreation site acquisition and/or improvement in lieu of such land dedication or reservation within the subdivision. Such payment shall be a condition of approval of the final plat and shall be assessed in accordance with the subdivision fee schedule established and annually reviewed by the Common Council upon recommendation of the Planning Commission. No final plat shall be signed by the Chairman of the Planning Commission until such payment has been received by the City Clerk and receipt therefor provided to the Planning Commission.

D. Public improvements and utilities.

(1) Placement. Underground improvements required by the Planning Commission in accordance with § 210-11, and public franchise utilities shall be placed in the street right-of-way between the street paving and the right-of-way line. Where topography makes such placement impracticable, perpetual unobstructed easements at least 15 feet in width shall be provided for along lot frontages abutting the street lines, with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and their layout shall be as regular as possible. Subject to the discretion of the Common Council, an underground public improvement or utility operated for revenue by the city or by a special district may be installed by the city in a private street, provided that a public easement of satisfactory size is obtained for such improvement or utility. Before the subdivision street is paved, the subdivider shall install underground service connections for all required improvements and utilities to the property line of each lot within the subdivision.

(2) Service connections.

(a) Water. Where an appropriate public water main already exists and is physically and legally accessible, the subdivider may connect into said main and provide a water connection for each lot in accordance with the Public Health Law and other applicable laws, rules and regulations. Where an appropriate water main does not exist or is not accessible, the subdivider shall install, at his own expense, such main together with all necessary valves, cutoffs, fire hydrants, pumps, storage tanks, meters and other equipment necessary to make such water system conform to the standards of the city and other permit approving agencies.

(b) Sanitary sewers. Where an appropriate public sanitary sewer system is reasonably accessible physically and legally, the subdivider shall install, at his expense, the necessary connections into the system and provide a sewer connection for each lot. Where an appropriate sanitary sewer does not exist or is not accessible, the subdivider shall install, at his own expense, such sewer together with all appurtenances necessary to make such sewer system conform to the standards of the city and other permit approving agencies.

(c) Storm drainage system. The subdivider shall install all necessary storm drainage sewers and appurtenant facilities at his expense, in accordance with standards of the city and of all authorities having jurisdiction. Where an appropriate storm drainage system is reasonably accessible, the subdivider shall make proper connection thereto. Otherwise the subdivider shall provide appropriate means and methods for storm water runoff satisfactory to the Planning Commission and all other authorities having jurisdiction. In either event, the storm drainage facilities provided shall be fully consistent with storm drainage design standards which may be promulgated and from time to time reviewed and modified by the Planning Commission.

[1] The drainage system shall be large enough to accommodate potential runoff from the entire upstream drainage area whether inside or outside of the subdivision. The designated City Engineer shall approve the design and size of facilities based on anticipated runoff from a twenty-five year storm under conditions of total potential development permitted by Chapter 250, Zoning, 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 city or may be prorated among the upstream property owners.

[2] The subdivider's engineer shall also study and report on the effect of each subdivision on the existing downstream drainage system outside the area of the subdivision; and this report shall be reviewed by the designated City 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 twenty-five year storm of one-hour duration, the Planning Commission shall notify the Common Council of such potential condition. In such case, the Planning Commission shall not approve the plat until provision has been made for the improvement of said condition.

E. Pedestrianways. Adequate provision shall be made for the convenient and safe movement of pedestrians and bicyclists in any subdivision of land throughout the City of Amsterdam. To the extent considered practicable by the Planning Commission and in consideration of public health, safety and convenience, the Planning Commission may require that pedestrianways (either pedestrian path, sidewalk or bikeway) be provided within a residential subdivision to provide access to parks or public spaces, school sites, neighborhood shopping facilities or similar destinations. Any such pedestrianway may be situated within either a public right-of-way or established within a suitable easement.

F. Private water supply and sewage disposal facilities. In those limited instances where public water supply and/or sewage disposal facilities may not be available, the Planning Commission shall ascertain as a part of subdivision plat review and approval that each prospective lot and dwelling unit may be adequately served by acceptable water supply and sewage disposal facilities and ensure that all such on-site water supply and sewage disposal facilities shall be designed and installed in accordance with the requirements of the New York State Health Department.

G. Street trees. Trees shall be planted on both sides of a newly installed street or roadway, in locations approved by the Planning Commission except where unnecessary due to the presence of significant, preservable existing vegetation, which shall be identified on the subdivision plat. Street trees shall generally:

(1) Be located near the property line and be spaced approximately 60 feet apart, subject to variations made necessary by driveways and street corners, as well as by the species of trees planted.

(2) Have a caliper of three inches or larger measured at breast height and be not less than 10 feet in height.

(3) Be approved as to species by the Planning Commission.