[HISTORY: Adopted by the Common Council of the City of Gloversville 8-10-1965 as Ch. 83 of the 1965 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 134.
Excavations — See Ch. 139.
Flood damage prevention — See Ch. 150.
Streets and sidewalks — See Ch. 250.
Zoning — See Ch. 300.
By ordinance adopted by the Common Council on the 1st day of July 1958, the Planning Commission of the City of Gloversville has power and authority to approve plats for subdivisions within the City of Gloversville pursuant to the provisions of Article II of the General City Law as a basis for such approval, the Planning Commission prescribes the following regulations.
This chapter is enacted for the following purposes:
A. 
To provide for the future growth and development of the city.
B. 
To afford adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare.
C. 
To show in proper cases a park or parks suitably located for playground or other recreational purposes.
D. 
To require that the streets and highways shall be of sufficient width and suitable grade and shall be suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings.
E. 
To assure that the subdivision streets and highways shall be coordinated so as to compose a convenient system conforming to the Official Map and properly related to the Master Plan and Ch. 300, Zoning.
F. 
That the land shown on such plats shall be of such character that it can be used safely for building purposes without danger to health or peril from flood, fire or other menace.
For the purpose of this chapter, which shall be known and may be cited as the "City of Gloversville Subdivision Regulations," certain words used herein are defined as follows:
ALLEYS
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETS AND HIGHWAYS
Those which are used primarily for traffic with limited access.
FINAL PLAT
The final map or drawing on which the plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording.
MAJOR STREETS
Those streets which carry traffic from minor streets to the business and industrial districts.
MARGINAL-ACCESS STREETS
Streets which are generally parallel with and adjacent to arterial streets and highways and provide access to abutting properties and protection from through traffic.
MASTER PLAN
A comprehensive plan prepared by the Planning Commission, which plan indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the City of Gloversville, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
MINOR STREETS
Those Streets which are used primarily for access to abutting residential properties. A "cul-de-sac" is a "minor street" with only one (1) outlet and having a turning loop at the closed end.
OFFICIAL MAP
The map, established by the City of Gloversville pursuant to Article III of the General City Law, showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Common Council or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
PRELIMINARY PLAN
The general plan of subdivision, drawn to scale, and showing the pattern of streets and lots as proposed by the developer.
STREET
A way for vehicular traffic.
SUBDIVISION
The division hereafter of any parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land, provided that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a "subdivision." The term includes resubdivision of large lots of record and the combination of substandard lots of record into larger lots and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Preliminary plan; conditional approval.
(1) 
A preliminary plan shall be prepared at an appropriate scale. It shall show the proposed layout of streets, their relation to existing topographic conditions and to adjacent streets, the pattern of lots and typical lot sizes, playgrounds and other public areas, easements, building setback line, the tract name and developer, North arrow, date, scale and the proposed water supply and sewage disposal system.
(2) 
Three (3) copies of the preliminary plan and supplementary material specified shall be submitted to the Planning Commission for conditional approval.
(3) 
The Planning Commission shall, within forty-five (45) days after the filing of the application, conditionally approve or disapprove the preliminary plat as submitted or modified; and the Planning Commission shall notify the subdivider, in writing, of its action. If conditionally approved, the Commission shall state the conditions of such approval or, if disapproved, shall notify the subdivider of the reasons thereof.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Procedure for approval of final plat.
(1) 
The final plat shall conform substantially to the preliminary plan as conditionally approved. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plan which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this chapter.
(2) 
Application for approval of the final plat shall be submitted in writing to the Planning Commission by filing same with the Chairman of the Planning Commission at least ten (10) days prior to the monthly meeting at which it is to be considered.
(3) 
Three (3) copies of the final plat and other exhibits required for approval shall be submitted to the Planning Commission within six (6) months after conditional approval of the preliminary plan; otherwise such conditional approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.
(4) 
Public hearing, publication of notice and time for Planning Commission review shall be as provided for in § 32 of the General City Law.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Streets.
(1) 
The arrangement, character, extent, width, grade and location of all streets shall conform to the Master Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets.
(2) 
The arrangement of streets in a subdivision shall either:
(a) 
Provide for the continuation, if appropriate, of major streets in surrounding areas; or
(b) 
Conform to a plan for the neighborhood approved by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.
(3) 
Minor streets shall be so laid out that their use by through traffic will be discouraged.
(4) 
Where a subdivision abuts or contains an existing or proposed arterial street or railroad, the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(5) 
Street jogs with center line offsets of less than one hundred fifty (150) feet shall be avoided.
(6) 
A tangent between reverse curves shall be a minimum length of one hundred (100) feet on arterial and collector streets and fifty (50) feet on minor streets.
(7) 
Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than seventy-five degrees (75º).
(8) 
Street right-of-way widths shall not be less than sixty (60) feet, except that a minor residential street designed to serve a maximum of twelve (12) houses may be fifty (50) feet wide.
(9) 
Cul-de-sac streets shall not be longer than five hundred (500) feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eighty (80) feet and a street property line diameter of at least one hundred twenty (120) feet. A "wye" may be used, provided that a turning area sixty (60) feet wide and sixty (60) feet deep shall be provided. Dead-end streets shall not be permitted.
(10) 
No street or highway names shall be used which will duplicate or be confused with the names of existing streets or highways. Street names shall be subject to the approval of the Planning Commission.
(11) 
Street grades shall be not less than five percent (5%) nor more than ten percent (10%).
B. 
Alleys.
(1) 
Alleys shall be provided in commercial and industrial districts, except that the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.
(2) 
The width of an alley shall be twenty (20) feet.
C. 
Easements.
(1) 
Adequate easements centered on rear or side lot lines shall be provided for utilities where necessary. An easement width of twelve (12) feet is desirable.
(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 conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
D. 
Blocks.
(1) 
The lengths, widths and shapes of blocks shall be determined with due regard to:
(a) 
The type of development proposed.
(b) 
Zoning requirements as to lot sizes and dimensions.
(c) 
The need for convenient access, circulation, control and safety of street traffic, with particular attention to limitation of the number and location of points of ingress or egress.
(d) 
Limitations and opportunities of topography.
(2) 
Block lengths shall not exceed one thousand two hundred (1,200) feet nor be less than six hundred (600) feet.
(3) 
A pedestrian right-of-way, not less than ten (10) feet wide, shall be provided where deemed essential by the Planning Commission to provide circulation, or access to schools, playgrounds, shopping centers, transportation and other community facilities.
E. 
Lots.
(1) 
The lot size, width, depth, shape and orientation and the building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(2) 
No lot shall have less area or width than the minimum requirements of the zoning regulations applying to the district in which it is located.[1]
(a) 
Residential lots served by public water and public sewer shall not be less than seventy (70) feet wide at the building setback line nor less than eight thousand (8,000) square feet in area.
(b) 
Residential lots serviced by public water but not public sewer shall be not less than eighty (80) feet wide at the building setback line nor less than ten thousand (10,000) square feet in area.
[1]
Editor's Note: See Ch. 300, Zoning.
(3) 
Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
(4) 
The subdividing of land shall be such as to provide each lot with frontage on an improved street. Every street shown on the plat that is hereafter filed or recorded in the office of the County Clerk shall be deemed to be a private street until such time as it has been formally offered for cession to the public and formally accepted as a public street by resolution of the Common Council or, alternatively, until it has been condemned by the municipality for use as a public street.
(5) 
Double-frontage and reverse-frontage lots should be avoided.
(6) 
Side lot lines shall be substantially at right angles or radial to street lines.
(7) 
Off-street parking space shall be required for all uses. In the case of dwellings, at least one hundred seventy (170) square feet of off-street parking space per dwelling unit shall be provided back of the building setback line, plus access drive and maneuvering space.
F. 
Public sites and open spaces.
(1) 
Where a proposed park, playground, school or other public use shown in the Master Plan is located in whole or in part in a subdivision, such area shall either be dedicated to the proper public agency or it shall be reserved for acquisition by such agency within a specified period by purchase or other means and an agreement shall be entered into between the subdivider and the public agency regarding the time and method of acquisition and the cost thereof.
(2) 
Due regard shall be shown for preservation of outstanding scenic, cultural or historical areas.
G. 
Grading. Street layout, block-grading and lot-grading data shall be shown. The objective is to establish the street grades, floor elevations and lot grades in proper relation to each other and to existing topography, considering property protection, appeal, use and drainage. The developer shall allow no holes, depressions or other undrained areas to remain.
A. 
General. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished adequate bond for the ultimate installation of the required improvements listed and described in this section. All of the required improvements shall be made in full compliance with the specifications for each of the various units of work, as required by the City of Gloversville or by state or county health authorities, according to the nature of the improvements.
B. 
Monuments. The tract boundary lines and the line of all streets or roads shall be monumented with concrete, stone or iron-pin monuments.
C. 
Street improvements. All streets and thoroughfares shall be graded to their full width, including side slopes, and improved in accordance with the minimum standards outlined or referred to below:
(1) 
Subgrade by developer.
(a) 
All topsoil shall be removed from the area sixteen (16) feet on each side of the center line, unless a fill of three (3) feet or more is required. Fills must be made with material approved by the City Engineer and shall be placed in layers not over six (6) inches thick, and each layer shall be properly rolled. All muck, quicksand, spongy material and any other objectionable material shall be removed.
(b) 
The subgrade of all streets and roads shall be graded as follows: The center portion, sixteen (16) feet on each side of the center line, shall be twelve (12) 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 eighteen (18) feet from the center of the street. Ditches shall be at least eighteen (18) inches below finished shoulder grade, one (1) foot wide at the base, with slopes one (1) foot vertical to one and five-tenths (1.5) 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 (8) inches above the crown. No gravel or stone is to be placed on the subgrade until the subgrade is approved by the City Engineer.
(2) 
Base course by developer.
(a) 
The 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 City Engineer and shall comply with current construction and material specifications of the New York State Department of Public Works.
(b) 
A base course consisting of not less than twelve (12) inches of compacted stone or gravel approved by the City Engineer shall be installed. Street and road culverts shall be installed by the developer where necessary. Driveway culverts shall not be less than twelve (12) inches in diameter and sixteen (16) feet in length, the material and installation to be approved by the City Engineer. 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 City Engineer directs. After the base course has been approved, the developer shall apply a coat of bituminous dust layer at a rate of three-tenths (0.3) gallon per square yard.
(3) 
Surface course. The surface course, if required, shall be as specified by the 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, six by eight by eighteen (6 x 8 x 18) inches, and shall comply with current construction and material specifications of the New York State Department of Public Works, Item 97.
(d) 
Asphaltic concrete curbs are to be approved by the 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 four (4) feet wide and four (4) inches thick shall comply with the current construction and material specifications of the New York State Department of Public Works, Item 105.
D. 
Water supply by developer. The developer shall connect each house and lot with the public water supply.
E. 
Sewage disposal system by developer. The developer shall provide sanitary sewers and lateral connections for each lot. Connections to public sanitary sewer lines shall be subject to the approval of and according to the specifications of the City of Gloversville.
F. 
Utilities. Electrical service, gas mains and other available utilities shall be provided by the developer within each subdivision prior to the approval of the final plan.
G. 
Street trees and miscellaneous.
(1) 
Street trees are to be planted by the developer. Location and type of trees shall be approved by the Planning Commission.
(2) 
Planting strips are to be seeded by the developer and maintained by the owner.
(3) 
Street name signs are to be approved by the municipality.
A. 
The final plat shall be drawn at a scale of one hundred (100) feet to one (1) inch or larger [preferred scale of forty (40) feet to one (1) inch]. The final plat shall show the following:
(1) 
Topographical data on the tract.
(2) 
Tract boundary lines with bearings and distances, tract area, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, radii and central angles of all curves.
(3) 
Name and right-of-way width of each street or other right-of-way.
(4) 
Utilities on and adjacent to the tract; location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles and streetlights.
(5) 
Location, dimensions and purpose of any easements.
(6) 
Number to identify each lot and block.
(7) 
Purpose for which nonresidential lots are dedicated or reserved.
(8) 
Minimum setback line on all lots and other sites.
(9) 
Location and description of monuments.
(10) 
Names of record owners of adjoining unplatted land.
(11) 
Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
(12) 
Certification by surveyor or engineer as to accuracy of survey and plat.
(13) 
Certification of title showing that the applicant is the land owner.
(14) 
Statement by the owner as to dedicating streets, rights-of-way and any sites for public uses.
(15) 
Site data, including number of residential lots and typical lot size, linear feet of streets and number of acres in parks, etc.
(16) 
Title, scale, North arrow and date.
B. 
The final plat shall contain cross sections and profiles of streets showing approved grades.
C. 
The final plat shall contain a certificate by the municipality certifying that the developer has complied with one (1) of the following alternatives:
(1) 
All improvements have been installed in accord with the requirements of this chapter and with the action of the Planning Commission giving conditional approval of the preliminary plat; or
(2) 
A bond or certified check has been posted, which is available to the municipality, and in sufficient amount to assure such completion of all required improvements.
D. 
The final plat shall contain protective covenants in form for recording.
E. 
The final plat shall contain other data, such other certificates, affidavits or endorsements as may be required by the Planning Commission in the enforcement of this chapter.
A. 
Hardships. Where the Planning Commission finds that practical difficulty or extraordinary hardship, because of exceptional narrowness, shallowness or shape of the specific parcel or because of unusual topographic conditions or other unusual physical condition of the specific parcel, may result from strict compliance with this chapter, it may grant a variance from the regulations in the specific case, so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the Master Plan or this chapter. In granting a variance, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of these subdivision regulations.
B. 
Large-scale development. The standards and requirements of this chapter may be modified by the Planning Commission in the case of a plan and program for a new neighborhood unit, which in the judgment of the Planning Commission provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.
C. 
Public hearing. A public hearing shall be held by the Planning Commission within thirty (30) days after the time of submission of such plat for approval, which hearing shall be advertised in the official newspaper at least five (5) days before such hearing.
[Amended 4-25-1995 by L.L. No. 4-1995]
Any person violating any provision of this chapter may be punishable by a fine of not less than fifty dollars ($50.) nor more than two hundred fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15) days, or both, for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs and continues.
[Added 3-23-2004 by L.L. No. 3-2004]
See Chapter 300, Article XVI, § 300-73A(4), (9) and (10) for appropriate fees.