In conformance with § 37 of the General City Law and Section 5 of an ordinance of the City adopted on August 9, 1926, establishing the City Planning Commission,[1] the Commission may modify the regulations of Chapter 300, Zoning, in order to allow for original design in subdivision development, whether the same is of residential development or otherwise.
[1]
Editor's Note: See Ch. 61, Planning Commission.
Pursuant to § 33 of the General City Law, the Commission may require the setting aside of land for a park or parks suitably located for playground or other recreation purposes, or such requirement may be waived subject to appropriate conditions.
A. 
No action shall be taken by the Commission except to disapprove a proposed subdivision on any application for final approval of such subdivision unless there is submitted therewith an offer of cession of all streets and parks and other recreation areas and any other required easements or conveyances, such offer to remain binding on the subdivider and owner of the premises, their heirs and assigns until acceptance by the proper municipal authority or until application for a resubdivision is approved.
B. 
The action of the Commission shall pertain only to approval or disapproval of the physical layout of the proposed subdivision and shall not be regarded as approving the actual construction or installation, but such construction or installation shall be subject to the approval of the proper branch or department of the City government.
C. 
No action taken by the Commission or any other officer or agency of the City in accordance with these procedures shall be deemed to be an agreement to accept or an acceptance of title or other interest in or to any real or personal property.
[Amended 9-8-1975]
A. 
The following minimum subdivision improvements shall be provided and installed by the subdivider, provided that the City Planning Commission may recommend to the City Council a waiver of the provisions for installation of any portion of these improvements by the subdivider on or in the various streets in the subdivision:
(1) 
Grading. All streets, crosswalks and alleys shall be graded to their full width by the subdivider in accordance with city specifications. Due to special topographical conditions, deviation from the above will be allowed only with special approval of the Director of Public Works.
(2) 
Storm drainage. Adequate drainage systems, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided by the subdivider for the proper drainage of all surface water. In cases where a subdivision is located at such a distance from waterways, main drains or drainage canals that the Commission finds a complete storm drainage for the subdivision to be impracticable and unreasonable, the Commission may reduce this requirement.
(3) 
Paving. All streets of a subdivision shall be paved by the subdivider in full accordance with the specifications of the City.
(4) 
Sidewalks.
(a) 
Sidewalks shall be installed by the developer on both sides of all streets in residential areas, except that the Planning Commission may modify this requirement where it can be shown that they are not needed for the protection of pedestrians and school children.
(b) 
All sidewalks shall be at least four feet in width, constructed of portland cement concrete and constructed to the specifications of the City.
(5) 
Water supply system. Water mains properly connected with the City water supply shall be provided by the subdivider in such a manner as to adequately serve all lots shown on the subdivision plot for both domestic use and fire protection. Water mains shall be designed by or under the supervision of the Board of Public Utilities.
(6) 
Sanitary sewers.
(a) 
Sanitary sewers shall be installed by the subdivider in areas where a sanitary sewerage system is available. Such sanitary sewers, mains and laterals shall be properly connected to a city sewage disposal system and shall be designed by a registered engineer subject to the approval of the Director of Public Works.
(b) 
In addition to sewer mains, laterals shall be installed to each platted plot and stubbed off at the property line for future connection.
B. 
The City Council is hereby empowered to assume full or partial financial responsibility for improvement requirements which the Council has by specific resolution waived, under one of the following circumstances:
(1) 
Where the City Planning Commission finds that it would be unreasonable and inequitable to require the subdivider to be responsible for the entire cost of such improvements; or
(2) 
Where the Commission finds there is a reasonable probability that the remaining portion of such improvements will be provided through the subdividing of the contiguous property.
[Amended 9-8-1975]
Approval of the final plat of the subdivision may be withheld by the Planning Commission or, in the event that approval is or has been given, building permits for construction within the subdivision may be withheld, unless the subdivider shall file with the City a surety bond executed by a surety company authorized to do business in the state, conditioned to secure the construction of the improvements required in § 260-11 in a satisfactory manner and within a time period specified by the City Planning Commission. Such period is not to exceed two years from the date of issue of the first building permit. No such bond shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to 1 1/2 times the cost of constructing the improvements as estimated by the Director of Public Works in a form approved by the Corporation Counsel. In lieu of a bond, a cash deposit may be made with the City. In case of forfeiture, the City may proceed with the improvements utilizing any moneys realized as a result of the forfeiture.
The following standards shall guide the Director of Public Works and the Commission in their determinations, but strict application thereof may be waived by the Commission for good reason shown.
A. 
Street right-of-way and pavement widths shall be as follows:
Type of Street
Right-of-Way Width
(feet)
Pavement Width
(feet)
Arterial
80
48
Collector
60
32
Minor
50
24
Marginal access
40
20
B. 
The arrangement, extent, width and grade and location shall conform to the proposed development plan and official map.
C. 
Blocks.
(1) 
Block lengths shall be not over 1,600 feet nor less than 400 feet.
(2) 
Widths shall be not less than 240 feet.
(3) 
Intersections with arterials shall be at least 1,000 feet apart.
D. 
Streets in subdivisions shall provide for continuation of existing streets or conform to plans for adjacent areas where topographic or other conditions make continuance impracticable.
E. 
Dead-end streets shall be not longer than 800 feet. Turnarounds must have an outside roadway diameter of 120 feet. Dead-end streets shall be graded to run to an intersection, or a utility easement shall be provided.
F. 
Streets shall not intersect at less than 75º. This requirement may be waived if divisional islands are provided for traffic safety. Property lines shall be rounded by a radius of 10 feet or greater when deemed necessary. Curb radii at intersections shall be not less than 20 feet.
G. 
Easements on rear lot lines shall be 12 feet wide. Provisions shall also be made for drainage easements.
H. 
Vertical curves shall be not less than 200 feet in length. Other grades shall be not less than 1/2% and not over 10%, as follows:
Type of Street
Grade
(percent)
Arterials
4
Collectors
6
Minor
8
Marginal access
8
I. 
Design shall be in conformance with Chapter 300, Zoning.
J. 
Minor streets shall be laid out so that through traffic is discouraged.
K. 
Where the subdivision abuts an arterial street, marginal access streets may be required.
L. 
Where the subdivision contains railroad rights-of-way, parallel streets on either side may be required.
M. 
Reserve strips shall be prohibited except where controlled by the City.
N. 
Tangents of 100 feet shall be required between reverse curves.
O. 
Street jogs with center-line offsets of less than 125 feet shall be avoided.
P. 
Half streets shall be prohibited with some exceptions.
Q. 
Land subject to flooding shall not be platted for residence.[1]
[1]
Editor's Note: See also Ch. 145, Flood Damage Prevention.
R. 
Each lot shall have access to an existing or proposed public street.
S. 
Double frontage and reverse lots shall be avoided.
T. 
All street line intersections shall be accurately monumented with one-and-one-fourth-inch by three-foot iron stakes by a licensed land surveyor, and a map of the same shall be filed with Department of Public Works within 90 days of final approval of the subdivision map.