A.
Conformance to applicable rules and regulations. In
addition to the requirements established in these regulations, all
subdivision plats shall comply with the following laws, rules, and
regulations:
(1)
All applicable statutory provisions.
(2)
Chapter 190, Zoning, building and housing codes and all other applicable laws of the appropriate jurisdictions.
(3)
The Official Comprehensive Plan, Official Map, public
utilities plan and capital improvements program of the City of Oneida,
including all streets, drainage systems and parks shown on the Official
Map or Comprehensive Plan as adopted.
(4)
The special requirements of these regulations and
any rules of the Madison County Health Department and/or appropriate
state or substate agencies.
(5)
The rules of the New York State Department of Transportation
if the subdivision or any lot contained therein abuts a state highway
or connecting street.
(6)
The standards and regulations adopted by the City
Engineer and all boards, commissions, agencies and officials of the
City of Oneida.
B.
Adequate public facilities. No preliminary plat shall
be approved unless the Joint Zoning Board of Appeals/Planning Commission
determines that public facilities will be adequate to support and
service the area of the proposed subdivision. The applicant shall,
at the request of the Joint Zoning Board of Appeals/Planning Commission,
submit sufficient information and data on the proposed subdivision
to demonstrate the expected impact on and use of public facilities
by possible uses of said subdivision. Public facilities and services
to be examined for adequacy will include roads and public transportation
facilities, sewerage, water service, schools and health related facilities.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
Periodically the Common Council will establish by
resolution, after public hearing, guidelines for the determination
of the adequacy of public facilities and services. To provide the
basis for the guidelines, the Joint Zoning Board of Appeals/Planning
Commission must prepare an analysis of current growth and the amount
of additional growth that can be accommodated by future public facilities
and services. The Joint Zoning Board of Appeals/Planning Commission
must also recommend any changes in preliminary plat approval criteria
it finds appropriate in the light of its experience in administering
these regulations.
(2)
The applicant for a preliminary plat must, at the
request of the Joint Zoning Board of Appeals/Planning Commission submit
sufficient information and data on the proposed subdivision to demonstrate
the expected impact on and use of public facilities and services by
possible uses of said subdivision.
(3)
Comprehensive Plan consistency required. Proposed
public improvements shall conform to and be properly related to the
City of Oneida's Comprehensive Plan and all applicable capital improvements
plans.
(4)
Water. All habitable buildings shall be connected
to a well or public water system.
(5)
Wastewater. All habitable buildings shall be connected
to a septic system or public wastewater system.
(6)
Stormwater management. Drainage improvements shall
accommodate potential runoff from the entire upstream drainage area
and shall be designed to prevent increases in downstream flooding.
The City of Oneida may require the use of control methods such as
retention or detention and/or the construction of off-site drainage
improvements to mitigate the impacts of the proposed developments.
(7)
Roads. Proposed roads shall provide a safe, convenient
and functional system for vehicular, pedestrian and bicycle circulation;
shall be properly related to the Comprehensive Plan; and shall be
appropriate for the particular traffic characteristics of each proposed
development; including contiguous developments.
(8)
Extension policies. All public improvements and required
easements shall be extended through the parcel on which new development
is proposed. Streets, water lines, wastewater systems, drainage facilities,
electric lines and telecommunications lines shall be constructed through
new development to promote the logical extension of public infrastructure.
The City of Oneida may require the applicant of a subdivision to extend
off-site improvements to reach the subdivision or oversize required
public facilities to serve anticipated future development as a condition
of plat approval.
C.
Plats straddling municipal boundaries. Whenever access
to the subdivision is required across land in another local government,
the Joint Zoning Board of Appeals/Planning Commission may request
assurance from the City Attorney that access is legally established
and from the City Engineer that the access road is adequately improved,
or that a guaranty has been duly executed and is sufficient in amount
to assure the construction of the access road. In general, lot lines
should be laid out so as not to cross municipal boundary lines.
[Amended 11-8-2017 by L.L. No. 5-2017]
D.
Monuments. The applicant shall place permanent reference
monuments in the subdivision as required in these regulations and
as approved by a registered land surveyor.
(1)
Monuments shall be located on street right-of-way
lines, at street intersections, angle points of curve and block corners.
They shall be spaced so as to be within sight of each other, the sight
lines being contained wholly within the street limits.
(2)
The external boundaries of a subdivision shall be
monumented in the field by monuments of stone or concrete, not less
than 30 inches in length, not less than four inches square or five
inches in diameter, and marked on top with a cross, brass plug, iron
rod, or other durable material securely embedded; or by iron rods
or pipes at least 30 inches long and two inches in diameter. These
monuments shall be placed not more than 1,400 feet apart in any straight
line and at all corners, at each end of all curves, at the point where
a curve changes its radius, at all angle points in any line, and at
all angle points along the meander line, those points to be not less
than 20 feet back from the bank of any stream, except that when such
corners or points fall within a street, or proposed future street,
the monuments shall be placed in the side line of the street.
(3)
All internal boundaries and those corners and points
not referred to in the preceding subsection shall be monumented in
the field by like monuments as described above. These monuments shall
be placed at all block corners, at each end of all curves, at a point
where a river changes its radius, and at all angle points in any line.
(4)
The lines of lots that extend to streams shall be
monumented in the field by iron pipes at least 30 inches long and
7/8 inch in diameter or by round or square iron bars at least 30 inches
long. These monuments shall be placed at the point of section of the
stream lot line, with a meander line established not less than 20
feet back from the bank of the stream.
(5)
All monuments required by these regulations shall
be set flush with the ground and planted in such a manner that they
will not be removed by frost.
(6)
All monuments shall be properly set in the ground
and approved by a land surveyor prior to the time the Joint Zoning
Board of Appeals/Planning Commission recommends approval of the final
plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
E.
Character of the land. Land that the Joint Zoning
Board of Appeals/Planning Commission finds to be unsuitable for subdivision
or development due to flooding, improper drainage, steep slopes, rock
formations, adverse earth formations or topography, utility easements
or other features that will reasonably be harmful to the safety, health,
and general welfare of the present or future inhabitants of the subdivision
and/or its surrounding areas, shall not be subdivided or developed
unless adequate methods are formulated by the developer and approved
by the Joint Zoning Board of Appeals/Planning Commission, upon recommendation
of the City Engineer, to solve the problems created by the unsuitable
land conditions. Such land shall be set aside for uses as shall not
involve any danger to public health, safety, and welfare.
[Amended 11-8-2017 by L.L. No. 5-2017]
F.
Subdivision name. The proposed name of the subdivision
shall not duplicate or too closely approximate phonetically, the name
of any other subdivision in the area covered by these regulations.
The Joint Zoning Board of Appeals/Planning Commission shall have final
authority to designate the name of the subdivision, which shall be
determined at sketch plat approval.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 190, Zoning, and county health regulations and in providing driveway access to buildings on the lots from an approved street.
B.
Lot dimensions. Lot dimensions shall comply with the minimum standards of Chapter 190, Zoning. Where lots are more than double the minimum required area for the zoning district, the Joint Zoning Board of Appeals/Planning Commission may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with Chapter 190, Zoning, and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in Chapter 190, Zoning.
[Amended 11-8-2017 by L.L. No. 5-2017]
C.
Double frontage lots and access to lots.
(1)
Double frontage lots. Double frontage and reversed
frontage lots shall be avoided except where necessary to provide separation
of residential development from traffic arterials or to overcome specific
disadvantages of topography and orientation.
(2)
Access from major and secondary arterials. Lots shall
not, in general, derive access exclusively from a major or secondary
street. Where driveway access from a major or secondary street may
be necessary for several adjoining lots, the Joint Zoning Board of
Appeals/Planning Commission may require that such lots be served by
a combined access drive in order to limit possible traffic hazards
on the street. Where possible, driveways should be designed and arranged
so as to avoid requiring vehicles to back into traffic on major and
secondary arterials.
[Amended 11-8-2017 by L.L. No. 5-2017]
D.
Soil preservation, grading, and seeding.
(1)
Soil preservation and final grading. No certificate
of occupancy shall be issued until final grading has been completed
in accordance with the approved final subdivision plat and the lot
precovered with soil with an average depth of at least six inches
which shall contain no particles more than two inches in diameter
over the entire area of the lot, except that portion covered by buildings
or included in streets, or where the grade has not been changed or
natural vegetation seriously damaged. A temporary certificate of occupancy
(of up to six months) may be issued if soil preservation and final
grading cannot be completed due to winter weather. Topsoil shall not
be removed from residential lots or used as spoil, but shall be redistributed
so as to provide at least six inches of cover on the lots and at least
four inches of cover between the sidewalks and curbs, and shall be
stabilized by seeding or planting.
(2)
Lot drainage. Lots shall be laid out so as to provide
positive drainage away from all buildings and individual lot drainage
shall be coordinated with the general storm drainage pattern for the
area. Drainage shall be designed so as to avoid concentration of storm
drainage water from each lot to adjacent lots.
E.
Debris and waste. No cut trees, timber, debris, earth,
rocks, stones, soil, junk, rubbish, or other waste materials of any
kind shall be buried in any land or left or deposited on any lot or
street at the time of the issuance of a certificate of occupancy,
and removal of those items and materials shall be required prior to
issuance of any certificate of occupancy on a subdivision. No items
and materials as described in the preceding sentence shall be left
or deposited in any area of the subdivision at the time of expiration
of any subdivision improvement agreement or dedication of public improvements,
whichever is sooner.
F.
Water bodies and watercourses. The Joint Zoning Board of Appeals/Planning Commission may approve a plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a local government responsibility. No more than 25% of the minimum area of a lot required under Chapter 190, Zoning, may be satisfied by land that is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, of a design approved by the City Engineer.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
General requirements.
(1)
Frontage on improved roads. No subdivision shall be
approved unless the area to be subdivided shall have frontage on and
access from an existing street on the Official Map unless such street
is:
(a)
An existing state, county, or city highway;
or
(b)
A street shown upon a plat approved by the Joint
Zoning Board of Appeals/Planning Commission and recorded in the Madison
County Clerk's office. Such street or highway must be suitably improved
as required by the highway rules, regulations, specifications or orders
or be secured by a performance bond required under these subdivision
regulations, with the width and right-of-way required by these subdivision
regulations or the Official Map. Wherever the area to be subdivided
is to utilize existing road frontage, the road shall be suitably improved
as provided above.
[Amended 11-8-2017 by L.L. No. 5-2017]
(2)
Level of service. No development shall be approved if such development, at full occupancy, will result in or increase traffic on an arterial or collector so that the street does not function at a level of service of C or better (pursuant to NYSDOT standards). The applicant may propose and construct approved traffic mitigation measures to provide adequate roadway capacity for the proposed development. The applicant for any development projected to generate more than 1,000 vehicle trip ends per day shall submit a traffic impact analysis. For definitions of levels of service, please refer to Article II.
(3)
Grading and improvement plan. Roads shall be graded
and improved and conform to the local government construction standards
and specifications and shall be approved as to design and specifications
by the City Engineer in accordance with the construction plans required
to be submitted prior to final plat approval.
(4)
Classification. All roads shall be classified as either
major arterial, minor arterial, collector, or local. In classifying
roads, the City of Oneida shall consider projected traffic demands
after 20 years of development.
(5)
Topography and arrangement.
(a)
Roads shall be related appropriately to the
topography. Local roads shall be curved wherever possible to avoid
conformity of lot appearance. All streets shall be arranged so as
to obtain as many building sites as possible at, or above, the grades
of the streets. Grades of streets shall conform as closely as possible
to the original topography. A combination of steep grades and curves
shall be avoided.
(b)
All streets shall be properly integrated with
the existing and proposed system of thoroughfares and dedicated rights-of-way
as established on the Official Map and/or Comprehensive Plan.
(c)
All thoroughfares shall be properly related
to special traffic generators such as industries, business districts,
schools, churches and shopping centers; to population densities; and
to the pattern of existing and proposed land uses.
(d)
Minor or local streets shall be laid out to
conform as much as possible to the topography to discourage use by
through traffic, to permit efficient drainage and utility systems
and to require the minimum number of streets necessary to provide
convenient and safe access to property.
(e)
Proposed streets shall be extended to the boundary
lines of the tract to be subdivided, unless prevented by topography
or other physical conditions or unless in the opinion of the Joint
Zoning Board of Appeals/Planning Commission such extension is not
necessary or desirable for the coordination of the layout of the subdivision
with the existing layout or the most advantageous future development
of adjacent tracks.
[Amended 11-8-2017 by L.L. No. 5-2017]
(f)
In business and industrial developments, the
streets and other accessways shall be planned in connection with the
grouping of buildings, location of rail facilities and the provision
of alleys, truck loading and maneuvering areas, and walks and parking
areas so as to minimize conflict of movement between the various types
of traffic, including pedestrian.
(6)
Blocks.
(a)
Blocks shall have sufficient width to provide
for two tiers of lots of appropriate depths. Exceptions to this prescribed
block width shall be permitted in blocks adjacent to major streets,
railroads, or waterways.
(b)
The lengths, widths, and shapes of blocks shall
be such as are appropriate for the locality and the type of development
contemplated, but block lengths in residential areas shall not exceed
2,200 feet or 12 times the minimum lot width required in the zoning
district, nor be less than 400 feet in length. Wherever practicable,
blocks along major arterials and collector streets shall be not less
than 1,000 feet in length.
(c)
Pedestrianways or crosswalks, not less than
10 feet wide, may be required by the Joint Zoning Board of Appeals/Planning
Commission through the center of blocks more than 800 feet long where
deemed essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation, or other community facilities.
[Amended 11-8-2017 by L.L. No. 5-2017]
(7)
Right-of-way and pavement width. Street, rights-of-way
and pavement shall have the following widths:
|
Classification
|
Minimum Right-of-Way
(in feet)
|
Minimum Travel Surface
(in feet)
| |
|---|---|---|---|
|
Arterial
|
100
|
48
| |
|
Collector
|
70
|
36
| |
|
Local
| |||
|
Inside district
|
60
|
26
| |
|
Outside district
|
60
|
20
|
(8)
Curbs.
(a)
Curbing shall be required in the inside district
for the purposes of drainage, safety, and delineation and protection
of pavement edge.
(c)
Where curbing is not required, edge definition
and stabilization shall be finished for safety reasons and to prevent
pavement unraveling.
(d)
Where curbing is required by the Joint Zoning
Board of Appeals/Planning Commission, this requirement may be waived
and shoulders and/or drainage swales used when it can be shown that:
[Amended 11-8-2017 by L.L. No. 5-2017]
(e)
Curbing shall be designed to provide a ramp
for bicycles and/or wheelchairs as required by state law.
(f)
Curbing shall be constructed according to City
of Oneida specifications.
(9)
Road names. The sketch plat as submitted shall not
indicate any names for proposed streets. The Joint Zoning Board of
Appeals/Planning Commission shall name all roads upon recommendation
of the Director of Planning at the time of preliminary approval. The
Director of Planning shall consult the local postmaster prior to rendering
his recommendation to the Joint Zoning Board of Appeals/Planning Commission.
Names shall be sufficiently different in sound and spelling from other
road names in the municipality so as not to cause confusion. A road
which is (or is planned as) a continuation of an existing road shall
bear the same name where practicable.
[Amended 11-8-2017 by L.L. No. 5-2017]
(10)
Road regulatory signs. The applicant shall deposit
with the local government at the time of final subdivision approval
the sum of $100 for each road sign required by the City Engineer at
all road intersections. The city shall install the pole and the developer
shall install all road signs before issuance of certificates of occupancy
for any residence on the streets approved. Street name signs are to
be placed at all intersections within or abutting the subdivision,
the type and location of which to be approved by the City Engineer.
(11)
Streetlights. Installation of streetlights shall
be required in all subdivisions and in accordance with design and
specification standards set by the electric utility service provider.
[Amended 5-3-2000 by Ord. No. 00-03]
(12)
Reserve strips. The creation of reserve strips
shall not be permitted adjacent to a proposed street in such a manner
as to deny access from adjacent property to the street.
(13)
Construction of roads and dead-end roads.
[Amended 11-8-2017 by L.L. No. 5-2017]
(a)
Construction of roads. The arrangement of streets
shall provide for the continuation of principal streets between adjacent
properties when the continuation is necessary for convenient movement
of traffic, effective fire protection, for efficient provision of
utilities, and where the continuation is in accordance with the city
traffic plan. If the adjacent property is undeveloped and the street
must temporarily be a dead-end street, the right-of-way shall be extended
to the property line. A temporary T- or L-shaped turnabout shall be
provided on all temporary dead-end streets, with the notation on the
subdivision plat that land outside the normal street right-of-way
shall revert to abutters whenever the street is continued. The Joint
Zoning Board of Appeals/Planning Commission may limit the length of
temporary dead-end streets in accordance with the design standards
of these regulations.
(b)
Dead-end roads (permanent). Where a road does
not extend beyond the boundary of the subdivision and its continuation
is not required by the Joint Zoning Board of Appeals/Planning Commission
for access to adjoining property, its terminus shall normally not
be nearer to such boundary than 50 feet. However, the Joint Zoning
Board of Appeals/Planning Commission may require the reservation of
an appropriate easement to accommodate drainage facilities, pedestrian
traffic or utilities. A cul-de-sac turnaround shall be provided at
the end of a permanent dead-end street in accordance with city construction
standards and specifications. For greater convenience to traffic and
more effective police and fire protection, permanent dead-end streets
shall, in general, be limited in length in accordance with the design
standards of these regulations.
B.
Design standards.
(1)
General. Provision shall be made for roads of suitable
location, width, and improvement to accommodate prospective traffic
and afford satisfactory access to police, firefighting, snow removal,
sanitation and road-maintenance equipment and to coordinate roads
so as to compose a convenient system and avoid undue hardships to
adjoining properties.
(2)
Road surfacing and improvements. After sewer and water
utilities have been installed by the developer, the developer shall
construct curbs and gutters and shall surface or cause to be surfaced
roadways to the widths prescribed in these regulations. All surfacing
shall be of a character as is suitable for the expected traffic and
in harmony with similar improvements in the surrounding areas. The
type of roadway surface shall be asphaltic cement flexible pavement.
Adequate provision shall be made for culverts, drains and bridges.
All road pavement, shoulders, drainage improvements and structures,
curbs, turnarounds, and sidewalks shall conform to all construction
standards and specifications adopted by the Joint Zoning Board of
Appeals/Planning Commission, City Engineer, or Common Council and
shall be incorporated into the construction plans required to be submitted
by the developer for plat approval.
[Amended 11-8-2017 by L.L. No. 5-2017]
(3)
Excess right-of-way. Right-of-way widths in excess
of the standards designated in these regulations shall be required
whenever, due to topography, additional width is necessary to provide
adequate earth slopes. Such slopes shall not be in excess of three-to-one.
(4)
Railroads and limited access highways. Railroad rights-of-way
and limited access highways where so located as to affect the subdivision
of adjoining lands shall be treated as follows:
(a)
In residential districts a buffer strip at least
200 feet in depth in addition to the normal depth of the lot required
in the district shall be provided adjacent to the railroad right-of-way
or limited access highway. This strip shall be part of the platted
lots and shall be designated on the plat: "This strip is reserved
for screening. The placement of structure on this land is prohibited."
(b)
In districts zoned for business, commercial,
or industrial uses the nearest street extending parallel or approximately
parallel to the railroad right-of-way shall, wherever practicable,
be at a sufficient distance (200 feet for residential; 500 to 800
feet for light industrial/business/commercial; 2,000 feet for heavy
industrial) from the railroad right-of-way to ensure suitable depth
for commercial or industrial sites.
(c)
When streets parallel to the railroad right-of-way
intersect a street which crosses the railroad right-of-way at grade,
they shall, to the extent practicable, be at a distance of at least
150 feet from the railroad right-of-way. Such distance shall be determined
with due consideration of the minimum distance required for future
separation of grades by means of appropriate approach gradients.
(5)
Intersections.
(a)
Streets shall be laid out so as to intersect
as nearly as possible at right angles. A proposed intersection of
two new streets at an angle of less than 75º shall not be acceptable.
An oblique street should be curved approaching an intersection and
should be approximately at right angles for at least 100 feet therefrom.
Not more than two streets shall intersect at any one point unless
specifically approved by the Joint Zoning Board of Appeals/Planning
Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
(b)
Proposed new intersections along one side of
an existing street shall, wherever practicable, coincide with any
existing intersections on the opposite side of such street. Street
jogs with center-line offsets of less than 150 feet shall not be permitted,
except where the intersected street has separated dual drives without
median breaks at either intersection. Where streets intersect major
streets, their alignment shall be continuous. Intersection of major
streets shall be at least 800 feet apart.
(c)
Minimum curb radius at the intersection of two
local streets shall be at least 20 feet; and minimum curb radius at
an intersection involving a collector street shall be at least 25
feet.
(d)
Intersections shall be designed with a flat
grade wherever practical. In hilly or rolling areas, at the approach
to an intersection, a leveling area shall be provided having not greater
than a 2% rate at a distance of 60 feet, measured from the nearest
right-of-way line of the intersecting street.
(e)
Where any street intersection will involve earth
banks or existing vegetation inside any lot corner that would create
a traffic hazard by limiting visibility, the developer shall cut such
ground and/or vegetation (including trees) in connection with the
grading of the public right-of-way to the extent deemed necessary
to provide an adequate sight distance.
(f)
Bridges. Bridges of primary benefit to the applicant,
as determined by the Joint Zoning Board of Appeals/Planning Commission,
shall be constructed at the full expense of the applicant without
reimbursement from the City. The sharing expense for the construction
of bridges not of primary benefit to the applicant as determined by
the Joint Zoning Board of Appeals/Planning Commission, will be fixed
by special agreement between the City and the applicant. The cost
of bridges that do not solely benefit the developer shall be charged
to the developer pro rata based on the percentage obtained by dividing
the service area of the bridge into the area of the land being developed
by the subdivider.
[Amended 11-8-2017 by L.L. No. 5-2017]
(g)
Slopes. Maximum slope shall not exceed 10% along
the center line. Cross slopes shall be 1/4 inch per foot.
C.
Road dedications and reservations.
(1)
New perimeter streets. Street systems in new subdivisions
shall be laid out so as to eliminate or avoid new perimeter half-streets.
Where an existing half-street is adjacent to a new subdivision, the
other half of the street shall be improved and dedicated by the subdivider.
The Joint Zoning Board of Appeals/Planning Commission may authorize
a new perimeter street where the subdivider improves and dedicates
the entire required street right-of-way width within its own subdivision
boundaries.
[Amended 11-8-2017 by L.L. No. 5-2017]
(2)
Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or when the Comprehensive Plan, Official Map or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at its expense those areas for widening or realignment of those roads. Frontage roads and streets as described above shall be improved and dedicated by the applicant at its own expense to the full width as required by these subdivision regulations when the applicant's development activities contribute to the need for the road expansion. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of Chapter 190, Zoning, whether the land is to be dedicated to the municipality in fee simple or an easement is granted to the City of Oneida.
A.
General requirements. The Joint Zoning Board of Appeals/Planning
Commission shall not approve any plat of subdivision that does not
make adequate provision for stormwater and floodwater runoff channels
or basins. The stormwater drainage system shall be separate and independent
of any sanitary sewer system. Storm sewers, where required, shall
be designed by the Rational Method, or other methods as approved by
the Joint Zoning Board of Appeals/Planning Commission, and a copy
of design computations shall be included in the stormwater and erosion
control management report. Inlets shall be provided so that surface
water is not carried across or around any intersection. When calculations
indicate that curb capacities are exceeded at a point, no further
allowance shall be made for flow beyond that point and basins shall
be used to intercept flow at that point. Surface water drainage patterns
shall be shown for each and every lot and block.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Nature of stormwater facilities.
(1)
Location. The applicant may be required by the Joint
Zoning Board of Appeals/Planning Commission to carry away by pipe
or open ditch any spring or surface water that may exist either previously
to or as a result of the subdivision. Such drainage facilities shall
be located in the right-of-way where feasible or in perpetual unobstructed
easements of appropriate width, and shall be constructed in accordance
with the construction standards and specifications.
[Amended 11-8-2017 by L.L. No. 5-2017]
(2)
Accessibility to public storm sewers.
[Amended 11-8-2017 by L.L. No. 5-2017]
(a)
Where a public storm sewer is accessible, the
applicant shall install storm sewer facilities or if no outlets are
within a reasonable distance, developer shall propose a method(s)
for the disposal of stormwater which shall be subject to approval
by the Joint Zoning Board of Appeals/Planning Commission upon the
recommendation of the City Engineer. Inspection of facilities shall
be conducted by the City Engineer.
(b)
If a connection to a public storm sewer will
be provided eventually, as determined by the City Engineer and the
Joint Zoning Board of Appeals/Planning Commission, the developer shall
make arrangements for future stormwater disposal by a public utility
system at the time the plat receives final approval. Provision for
such connection shall be incorporated by inclusion in the subdivision
improvement agreement required for the subdivision plat.
(3)
Accommodation of upstream drainage areas. A culvert
or other drainage facility shall in each case be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside
or outside the subdivision. The necessary size of such facilities
shall be determined during the analysis and preparation of the stormwater
management and erosion control report and shall be subject to approval
by the Joint Zoning Board of Appeals/Planning Commission upon recommendation
of the City Engineer.
[Amended 11-8-2017 by L.L. No. 5-2017]
(4)
Effect on downstream drainage areas. The developer shall also be responsible through a storm runoff analysis for insuring that stormwater post construction peak discharges to any established drainage course or public improvement shall not exceed the pre-construction discharge to said drainage course or public improvement. In the event stormwater runoff analysis determines that the proposed subdivision would create a need to improve or upgrade downstream drainage facilities such improvements shall be designed by the developer, approved by the City Engineer, constructed by the developer at his/her sole expense and dedicated to the City as a public improvement. (See also § 155-30D which prescribes the requirements for the preparation of a stormwater management and erosion control plan.)
C.
Dedication of drainage easements.
(1)
General requirements. When 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
to the lines of such watercourse and of such width and construction
as will be adequate for the purpose. Wherever possible, it is desirable
that the drainage be maintained by an open channel with landscaped
banks and adequate width for maximum potential volume of flow.
(2)
Drainage easements.
(a)
Where topography or other conditions are such
as to make impractical the inclusion of drainage facilities within
road rights-of-way, perpetual, unobstructed easements at least 20
feet in width for drainage facilities shall be provided across property
outside the road lines and with satisfactory access to the road. Easements
shall be indicated on the plat. Drainage easements shall extend from
the road to a natural watercourse or to other drainage facilities.
(b)
When a proposed drainage system will carry water
across private land outside the subdivision, appropriate drainage
rights must be secured and indicated on the plat.
(c)
The applicant shall provide a drainage or conservation
easement for land on both sides of existing watercourses to a distance
to be determined by the Joint Zoning Board of Appeals/Planning Commission.
Maintenance shall be provided by the property owner.
[Amended 11-8-2017 by L.L. No. 5-2017]
(d)
Low-lying lands along watercourses subject to
flooding or overflowing during storm periods, whether or not included
in areas for dedication, shall be preserved and retained in their
natural state as drainageways. Such land or lands subject to periodic
flooding shall not be computed in determining the number of lots to
be utilized for average density procedures nor for computing the area
requirement of any lot.
D.
Stormwater management and erosion control plan.
(1)
References:
(a)
"Urban Hydrology for Small Watersheds - Technical
Release 55 (TR-55)," United States Department of Agriculture - Soil
Conservation Service, June 1986 (short title: "SCS TR-55"). [Note:
In lieu of specifically SCS TR-55 worksheets where subsequently required
herein, the developer may propose to use a computer-generated model
which has been previously approved by the City Engineer.]
(b)
"Reducing the Impacts of Stormwater Runoff New
Development, 2nd Edition, "New York State Department of Environmental
Conservation, April 1983 (short title: "DEC Stormwater Guide").
(c)
"Soil Survey of Madison County, New York," United
States Department of Agriculture - Soil Conservation Service, 1974.
(d)
"Dam Safety Regulations - 6 NYCRR 673," New
York State Department of Environmental Conservation, January 1986.
(e)
"Guidelines for Urban Erosion and Sediment Control,"
Empire State Chapter Soil and Water Conservation Society, 3rd Printing,
October 1991.
(2)
General requirements. A stormwater management and
erosion control plan shall be prepared for all subdivisions by a professional
engineer licensed by the New York State Department of Education. No
person, corporation, organization, or public agency may, on or after
the effective date of these subdivision regulations:
[Amended 11-8-2017 by L.L. No. 5-2017]
(a)
Initiate any land clearing, land grading or
earth moving activities associated with a subdivision development
without first preparing a stormwater management and erosion control
plan and obtaining approval of said plan from the Joint Zoning Board
of Appeals/Planning Commission; or
(b)
Alter any drainage system without first preparing
a stormwater management and erosion control plan and obtaining approval
of said plan from the Joint Zoning Board of Appeals/Planning Commission.
(3)
Contents of the stormwater management and erosion
control plan.
(a)
It is the responsibility of an applicant to
include information in the stormwater management and erosion control
plan in sufficient detail for the Joint Zoning Board of Appeals/Planning
Commission to evaluate the environmental characteristics of the affected
areas, the potential and predicted impacts of the proposed activity
on community waters, and the effectiveness and acceptability of those
measures proposed by the applicant for reducing or mitigating adverse
impacts.
[Amended 11-8-2017 by L.L. No. 5-2017]
(b)
The stormwater management and erosion control
plan shall contain the name, address, and telephone number of the
owner and developer. In addition, the legal description of the property
shall be provided, and its location with reference to such landmarks
as major water bodies, adjoining roads, railroads, subdivisions, or
towns shall be clearly identified on the plans.
A.
General requirements.
(1)
When a public water main is accessible, the developer
shall install adequate water facilities (including fire hydrants)
subject to the specifications of state or local authorities. All water
mains shall be at least eight inches in diameter.
(2)
Water main extensions shall be approved by the officially
designated agency of the state and local government.
(3)
The location of all fire hydrants, all water supply
improvements, and the boundary lines of proposed districts, indicating
all improvements proposed to be served, shall be shown on the preliminary
plat and the cost of installing same shall be borne by the developer
and included in the subdivision improvement agreement and security
to be furnished by the developer.
B.
Individual wells and central water systems.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
In zoning districts with a density of one unit per
acre or less and when a public water system is not available in the
discretion of the Joint Zoning Board of Appeals/Planning Commission,
individual wells may be used in a manner so that adequate supply of
potable water will be available to every lot in the subdivision. Water
samples shall be submitted to the Madison County Health Department
for its approval and individual wells shall be approved by the appropriate
health authorities. Approvals shall be submitted to the Joint Zoning
Board of Appeals/Planning Commission prior to final subdivision plat
approval.
(2)
If the Joint Zoning Board of Appeals/Planning Commission
requires that a connection to a public water main be eventually provided
as a condition to approval of an individual well or central water
system the applicant shall make arrangements prior to receiving final
plat approval for future water service. Performance or cash bonds
may be required to ensure compliance.
C.
Fire hydrants. Fire hydrants shall be required for all subdivisions except those coming under Subsection B. Fire hydrants shall be located no more than 700 feet apart and within 500 feet of any structure and shall be approved by the applicable fire protection unit. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements shall be installed before any final paving of a street shown on the subdivision plat.
Sanitary sewerage facilities shall be designed,
approved and constructed in accordance with (IAW) with following references
as may be appropriate for public sanitary sewers or individual household
disposal systems:
B.
"Recommended Standards for Wastewater Facilities,"
as published by the Great Lakes-Upper Mississippi River Board of State
Public Health and Environmental Managers (common title: "Ten State
Standards"), 1990.
C.
"Design Standards for Treatment Works", New York State
Department of Environmental Conservation, 1988.
D.
"Wastewater Treatment Standards - Individual Household
Systems," Appendix 75-A of Part 75 of the Administrative Rules and
Regulations contained in Chapter 11 of Title 10 (Health) of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
A.
Required improvements.
(1)
Sidewalks shall be included within the dedicated nonpavement
right-of-way of all roads within approved subdivisions.
[Amended 5-3-2000 by Ord. No. 00-03]
(2)
Concrete curbs are required for all roads when sidewalks
are required by these regulations or when required in the discretion
of the Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
(3)
Sidewalks shall be improved as required in § 155-29B(2) of these regulations. A median strip of grassed or landscaped areas at least two feet wide shall separate all sidewalks from adjacent curbs.
B.
Pedestrian accesses. The Joint Zoning Board of Appeals/Planning
Commission may require, in order to facilitate pedestrian access from
the roads to schools, parks, playgrounds or other nearby roads, perpetual
unobstructed easements at least 20 feet in width. Easements shall
be indicated on the plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
Location. All utility facilities, including but not
limited to gas, electric power, telephone and CATV cables, shall be
located underground throughout the subdivision. Whenever existing
utility facilities are located above ground, except when existing
on public roads and rights-of-way, they shall be removed and placed
underground. All utility facilities existing and proposed throughout
the subdivision shall be shown on the preliminary plat. Underground
service connections to the street property line of each platted lot
shall be installed at the subdivider's expense. At the discretion
of the Joint Zoning Board of Appeals/Planning Commission, the requirement
for service connections to each lot may be waived in the case of adjoining
lots to be retained in single ownership and intended to be developed
for the same primary use.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Easements.
(1)
Easements centered on rear lot lines shall be provided
for utilities (private and municipal) and such easements shall be
at least 10 feet wide. Proper coordination shall be established between
the subdivider and the applicable utility companies for the establishment
of utility easements established in adjoining properties.
(2)
When topographical or other conditions are such as
to make impractical the inclusion of utilities within the rear lot
lines, perpetual unobstructed easements at least 10 feet in width
shall be provided along side lot lines with satisfactory access to
the road or rear lot lines. Easements shall be indicated on the plat.[1]
[Amended 5-3-2000 by Ord. No. 00-03]
A.
Dedication of parkland required. It shall be required that a subdivider of any residential subdivision within the City set aside and dedicate to the public sufficient and suitable lands within, adjacent to, or in the vicinity of the subdivision for the purpose of public parkland in accordance with the provisions of this section, these regulations generally, and subject to the provisions of the General City Law § 33. Sufficiency and suitability of land will be determined by the Joint Zoning Board of Appeals/Planning Commission upon recommendation by the Planning Director and the Director of Recreation and Youth Services. Land for park, playground or other recreational purposes may not be required until the Joint Zoning Board of Appeals/Planning Commission has made a finding that a proper circumstance exists for requiring that park or parks be suitably located for playgrounds or other recreational purposes within the City. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the City based upon projected population growth to which the particular subdivision plat will contribute. Those subdivisions having received preliminary plat approval prior to the effective date of this section shall be exempt from the requirements of this section except that the expiration of either the preliminary or final plat shall void this exemption.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Area of parkland required or cash-in-lieu of parkland
required.
(1)
The acreage to be contributed prior to final plat
approval by the Joint Zoning Board of Appeals/Planning Commission
of any residential subdivision plat shall be determined by the number
of lots as follows:
[Amended 11-8-2017 by L.L. No. 5-2017]
(a)
Two to 20 lots: cash payment equal to 2% of
the current average market value of an improved lot in the subdivision
for each improved lot at the time of subdivision approval as determined
by the City Assessor. This money will be used for the purchase of
parkland and/or recreational equipment in the general vicinity of
the subdivision as determined by the Director of Parks and Recreation,
and approved by the City of Oneida Common Council.
(b)
Twenty one to 30 lots: cash payment equal to
2% of the current average market value of an improved lot in the subdivision
for each improved lot at the time of subdivision approval as determined
by the City Assessor. This money will be used for the purchase of
parkland and/or recreational equipment in the general vicinity of
the subdivision as determined by the Director of Parks and Recreation,
and approved by the City of Oneida Common Council; or a minimum of
3 acres of land.
(c)
Thirty-one or greater: cash payment equal to
2% of the current average market value of an improved lot in the subdivision
for each improved lot at the time of subdivision approval as determined
by the City Assessor. This money would be used for the purchase of
parkland and/or recreational equipment in the general vicinity of
the subdivision as determined by the Director of Recreation and Youth
Services, and approved by the City of Oneida Common Council; or a
minimum of 3 acres of land, or 10% of the total acreage of the subdivision,
whichever is greater.
(2)
The determination as to whether the dedication of
parkland or cash in lieu of parkland will be required will be determined
by the Director of Planning, with recommendations from the Joint Zoning
Board of Appeals/Planning Commission and the Director of Recreation
and Youth Services.
[Amended 11-8-2017 by L.L. No. 5-2017]
(3)
For purposes of determining parkland requirements
for subdivisions which are going to be constructed in phases over
an extended period of time, the acreage of parkland or cash in lieu
of parkland to be contributed prior to final plat approval shall be
determined based upon the total number of lots which will ultimately
be created when all phases of the project are completed.
(4)
The required cash in lieu of parkland shall be paid
in the following manner: upon the sale of each lot, within 20 days
after closing, the seller shall pay to the City a sum equal to 2%
of the average market value of said improved lot as determined at
the time of the subdivision approval. Final approval of the subdivision
plat for the initial phase of any such project shall not be granted
until there has been compliance with the parkland requirements set
forth herein.
C.
Subdivision changes. In the event a subdivider deviates
from the approved preliminary plat in final platting or rezones land
within the preliminary plat which has the effect of increasing the
density of population, or where the use of property is changed from
a nonresidential use to a residential use, the owner or subdivider
shall be obligated to provide additional land (or fee) to compensate
for the increase in population prior to the City issuing a building
permit or certificate of occupancy.
D.
Design standards for parkland.
(1)
The dedicated land should form a single parcel or
tract of land at least three acres in size unless it is determined
that a smaller tract would be in the public interest, or that additional
contiguous land will be reasonably available for dedication to or
purchase by the City.
(2)
Public access to public parkland delineated on a preliminary
plat shall be ensured by provision of at least 50 feet of street frontage,
in a manner satisfactory to the City. At the time the land abutting
the delineated areas is developed, the subdivider of such abutting
land shall furnish and pay for paving all abutting street frontage
and shall provide water and sewer access to the boundary of one side
of the delineated area to meet minimum requirements of these regulations.
(3)
The land to be dedicated to meet the requirements
of these regulations should be suitable for public parks and recreation
activities. (In that regard 50% of the dedicated land area should
not exceed 5% grade.) The Comprehensive Plan for the City shall be
considered when evaluating land proposals for dedication.
(4)
Any disturbed parkland shall be restored and the soil
stabilized by vegetative cover by the developer.
(5)
Areas within the one-hundred-year floodplain may be
dedicated in fulfillment of the dedication requirement subject to
the following additional restrictions:
(a)
The Joint Zoning Board of Appeals/Planning Commission
may permit the area within the one-hundred-year floodplain to constitute
up to 100% of the parkland dedication requirement if, in its opinion,
the dedication of the land furthers the goals and objectives of the
parks and open space portion of the Comprehensive Plan. The Joint
Zoning Board of Appeals/Planning Commission shall specify findings
justifying said action.
[Amended 11-8-2017 by L.L. No. 5-2017]
(b)
That such area shall meet any additional standards
specified in the parkland design standards pertaining to the dedication
of the one-hundred-year floodplain.
(6)
The location of parkland may be required at the edge
of a subdivision so that additional land may be added at such time
as adjacent land is subdivided or acquired for public use. Otherwise,
a centralized location is preferred.
(7)
The location of parkland may be required at the edge
of a subdivision so that additional land may be added at such time
as adjacent land is subdivided or acquired for public land. Otherwise,
a centralized location is preferred. If the topography or other aspects
of the subdivision are unsuitable for parkland, the developer may,
with the approval of the Joint Zoning Board of Appeals/Planning Commission,
offer for dedication a parcel adjacent to or in very close proximity
to the proposed subdivision.
[Amended 11-8-2017 by L.L. No. 5-2017]
E.
Private parkland credit. Where areas and facilities
for park and recreational purposes are to be provided in a proposed
subdivision and where such areas and facilities are to be privately
owned and maintained by the future residents of the subdivision, up
to 50% credit may, at the discretion of the City, be given against
the requirement of land dedication or payment of fees in lieu thereof
if the following standards are met:
(1)
That yards, court areas, setbacks and other open areas
required by City regulations shall not be included in the computation
of such private open space.
(2)
That the private ownership and maintenance of such
areas and facilities are adequately provided for by recorded written
agreement, conveyance or restrictions.
(3)
That the use of such areas and facilities are restricted
for park and recreational purposes by a recorded covenant, which runs
with the land in favor of the future owners of property and which
cannot be defeated or eliminated without the consent of the City or
its successor.
(4)
That such areas and facilities are reasonably similar
to what would be required to meet public park and recreational needs,
taking into consideration such factors as size, shape, topography,
geology, access and location.
(5)
That such areas and facilities for which credit is
given shall include improvements for the basic needs of a local park.
These improvements shall include one or more of the following: children's
play areas, picnic areas, game court areas, turf play fields, swimming
pools, recreational buildings, trails (walkways or bike trails), and
landscaped sitting areas.
F.
Park Fund established.
[Amended 5-3-2000 by Ord. No. 00-03]
(1)
A separate fund to be deposited at the highest interest
rate permitted by law to be entitled "Park Fund" shall be and is hereby
created and the money paid by owners, subdividers, and applicants
at final approval of subdivision plats in lieu of the dedication of
land and interest thereon, shall be held in said fund in trust to
be used solely and exclusively for the purpose of purchasing public
park and recreational land and recreational equipment in the general
area in which the subdivision is located.
(2)
At such time as the Common Council, based upon the
recommendations of the Recreation Commission determines that there
are sufficient funds derived from a certain area in the Park Fund
to purchase usable parkland, the Common Council shall cause negotiations
to be undertaken to purchase the site by mutual agreement or by condemnation
proceedings. In making such determination for the purchase of said
site, the conditions above shall be taken into consideration. The
principal and interest deposited and kept in the Park Fund shall be
used solely for the purpose of purchasing or developing land and/or
equipment for public park and recreation uses.
G.
Method of dedicating parkland. Land offered for dedication
for park purposes shall be delineated on the final plat as public
parkland and, once accepted for dedication by the Common Council,
shall be conveyed to the City by warranty deed, in fee simple. The
subject land must be free and clear of liens and encumbrances at the
time of such dedication and conveyance.
A.
General. Existing features that would add value to
residential development or to the local government as a whole, such
as trees, as herein defined, watercourses and falls, historic spots
and similar irreplaceable assets, shall be preserved in the design
of the subdivision. No trees shall be removed from any subdivision
nor any change of grade of the land effected until approval of the
preliminary plat has been granted. All trees on the plat required
to be retained shall be preserved and all trees where required shall
be welled and protected against change of grade. The sketch plat shall
show the number and location of existing trees as required by these
regulations and shall further indicate all those marked for retention
and the location of all proposed shade trees required along the street
side of each lot as required by these regulations.
B.
Shade trees planted by developer.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
As a requirement of subdivision approval the applicant
shall plant shade trees on the property of the subdivision. Such trees
are to be planted within five feet of the right-of-way of the road
or roads within and abutting the subdivision or at the discretion
of the Joint Zoning Board of Appeals/Planning Commission, within the
right-of-way of such roads. One tree shall be planted for every 40
feet of frontage along each road unless the Joint Zoning Board of
Appeals/Planning Commission, upon recommendation of the Director of
Planning, shall grant a waiver. The waiver shall be granted only if
there are trees growing along the right-of-way or on the abutting
property which, in the opinion of the Joint Zoning Board of Appeals/Planning
Commission, comply with these regulations.
(2)
New trees to be provided pursuant to these regulations
shall be approved by the Director of Planning and shall be planted
in accordance with the regulations of the Director of Planning. The
trees shall have a minimum trunk diameter (measured 12 inches above
ground level) of not less than two inches. Only oak, honey locust,
hard maples, ash, or other long-lived shade trees, acceptable to the
Director of Planning and to the Joint Zoning Board of Appeals/Planning
Commission, shall be planted.
C.
Shade tree easement and dedication. The preliminary
plat and final plat shall reserve an easement authorizing the City
of Oneida to plant shade trees within five feet of the required right-of-way
of the City. No street shall be accepted for dedication until the
City Engineer shall inform the Joint Zoning Board of Appeals/Planning
Commission and the City that compliance, where necessary, has been
made with these regulations.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes the layout of the subdivision with respect to the land shall make provision as the Joint Zoning Board of Appeals/Planning Commission may require. A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Chapter 190, Zoning. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Joint Zoning Board of Appeals/Planning Commission. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Joint Zoning Board of Appeals/Planning Commission and shall conform to the proposed land use and standards established in the Comprehensive Plan, Official Map and Chapter 190, Zoning.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Standards. In addition to the principles and standards
in these regulations, which are appropriate to the planning of all
subdivisions, the applicant shall demonstrate to the satisfaction
of the board that the street, parcel and block pattern proposed is
specifically adapted to the uses anticipated and takes into account
other uses in the vicinity. The following principles and standards
shall be observed:
(1)
Proposed industrial parcels shall be suitable in area
and dimensions to the types of industrial development anticipated.
(2)
Street rights-of-way and pavement shall be adequate
to accommodate the type and volume of traffic anticipated to be generated
thereupon.
(3)
Special requirements may be imposed by the City of
Oneida with respect to street, curb, gutter and sidewalk design and
construction.
(4)
Special requirements may be imposed by the City of
Oneida with respect to the installation of public utilities, including
water, sewer and stormwater drainage.
(5)
Every effort shall be made to protect adjacent residential
areas from potential nuisance from a proposed commercial or industrial
subdivision, including the provision of extra depth in parcels backing
up on existing or potential residential development and provisions
for a permanently landscaped buffer strip when necessary.
(6)
Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential areas.
