A.
Whenever any subdivision of land is proposed to be made and before contract for the sale of or any offer to sell such subdivision or any part thereof is made and before any permit for the erection of a structure shall be granted, the subdivider shall apply, in writing, to the Board for approval of such subdivision. The application of the subdivider shall be in conformance with the procedural requirements and general regulations contained in this Article (Article II), except in those cases where exceptions shall have been granted, in writing, to the applicant by the Board.
B.
In form and substance, the subdivision application in all respects
shall be in full compliance with the provisions of §§ 7-728
and 7-724 of the Village Law as are made applicable by this chapter
or are otherwise in effect.
[Amended 10-7-2014 by L.L. No. 6-2014]
C.
Whenever any land partition or lot line adjustment is proposed to
be made and before contract for the sale of or any offer to sell such
partitioned or adjusted land or any part thereof is made and before
any permit for the erection of a structure shall be granted, the land
partitioner or lot line adjuster shall apply, in writing, to the Administrative
Officer for administrative review of the proposed partition or adjustment.
[Added 10-7-2014 by L.L.
No. 6-2014]
(1)
The application of the partitioner or adjuster shall provide such
information necessary to determine whether such proposed land partition
or lot line adjustment in fact meets with the definitional requirements
of this chapter and other complies with the Village Zoning Code.
(2)
Within five business days of receipt of such an application, the
Administrative Officer shall forward the application to the Village
Planning Department for review and recommendation.
(3)
Within 10 business days of the Planning Department's receipt
of such an application, the Planning Department shall provide a written
review to the Administrative Officer concerning the proposed partition
or adjustment's compliance with this chapter.
(4)
Within five business days of receipt of the Planning Department's
review, the Administrative Officer shall approve the land partition
or adjustment if the same in fact meets with the definitional requirements
of this chapter and is in compliance with the Village Zoning Code.
The Administrative Officer shall deny any land partition or adjustment
that does not meet with the definitional requirements of this chapter,
or is not in compliance with the Village Zoning Code.
A.
Step 1. The subdivider will notify the Board, in writing,
of his or her intention to subdivide. This notice of intent shall
contain an adequate description of the land to be subdivided, the
date proposed for commencing work on the subdivision and the date
proposed for the completion of the subdivision work. There shall be
submitted with the notice of intent two copies of a preliminary layout
(at scale of not more than 100 feet to the inch) showing or accompanied
by the following information:
(1)
The proposed subdivision name identifying title and
the name of the village and county in which the subdivision is located.
(2)
The name and address of the owner of record, the subdivider
and the designer of preliminary layout.
(3)
The date, true North point and scale.
(4)
The location of property lines, existing easements,
buildings, watercourses and other essential features.
(5)
The location of any existing sewers and water mains,
culverts and drains on the property proposed for subdivision.
(6)
The location, names and present width of existing
and proposed streets, highways, easements, building lines, alleys,
parks and other public open spaces and similar facts regarding adjacent
properties.
(7)
Any changes in the use, height, area and/or density districts or other regulations under any provision of Chapter 300, Zoning, applicable to the area proposed for subdivision and any boundaries of such districts affecting the tract; all parcels of land proposed to be dedicated to public use and the conditions of such dedication.
[Amended 5-7-2013 by L.L. No. 5-2013]
(8)
The width and location of any street or other public
way or place upon the Official Map or the Master Plan, if such exists,
within the area proposed for subdivision and the width, location,
grades and street profiles of all streets or other public ways proposed
by the subdivider.
(9)
The proposed lot lines with approximate dimensions.
(10)
Connection with existing water supply or alternative
means of providing water supply to the subdivision as provided in
§§ 1115 through 1118 of the Public Health Law.
(11)
Connection with an existing sanitary sewerage
system or alternative means of treatment and disposal as provided
in the same §§ 1115 through 1118 of the Public Health
Law.
(12)
Provisions for collecting and discharging surface drainage, or, if applicable, a preliminary stormwater pollution prevention plan consistent with the requirements of Article I and Article II of the Erosion and Sediment Control Law of the Village of Johnson City.[1]
[Amended 5-29-2007 by L.L. No. 3-2007]
(13)
Where the topography is such as to make difficult
the inclusion of any such facilities within the public area so laid
out, the preliminary layout shall show the boundaries of proposed
permanent easements over or under private property, which permanent
easements shall be not less than 10 feet in width and which shall
provide satisfactory access to an existing public highway or other
public open space shown upon the layout or upon the Official Map.
(14)
Where the preliminary layout submitted covers
only a part of the subdivider's entire holding, a sketch of the prospective
future street system of the unsubmitted part shall be furnished and
the street system of the unsubmitted part will be considered in the
light of adjustments and connections with the street system of the
part submitted.
(15)
The names of all subdivisions immediately adjacent
and/or the names of owners of record of adjacent acreage.
(16)
A topographic map at the same scale as the preliminary
layout.
(17)
Typical cross sections of the proposed grading
and roadways or sidewalks and topographic conditions at an appropriate
scale.
(18)
A deed description and a map of survey of tract
boundary made and certified by a licensed surveyor and, where practicable,
tied into established reference points such as existing street corners,
highways or permanent boundary monuments.
(19)
If, in conjunction with the preparation of the
site in the manner and for the use specified in the plat and its accompanying
information, the subdivider intends to excavate or have excavated
gravel, sand, rock, topsoil or other similar materials for sale or
for use or reuse at another site other than the original location
of the excavation, such intention shall be so stated on the plat or
its accompanying information. This statement shall include an estimate
of the amount, in weight measurement or volume measurement units,
of such materials to be excavated. If a rock crusher, material separator,
washer or other such machinery shall be required to facilitate such
excavation in the ultimate preparation of the site for the use intended,
such a requirement shall be noted on the plat or its accompanying
information. The subdivider shall also specify on the plat or the
accompanying information a date by which that portion of the site
preparation involving the excavation of gravel, sand, rock, topsoil
or other similar materials shall be completed.
B.
Step 2. Not more than 40 calendar days after the date
of his or her notice of intent, the subdivider will be invited, in
writing, to appear at the next regular meeting of the Board. At this
meeting, the subdivider will discuss with the Board his or her preliminary
layout.
C.
Step 3. Not later than 30 days after the discussion in Subsection B above:
(1)
The subdivider shall be notified, in writing, by the
Board of the following:
(b)
The character and extent of the required public
improvements for which waivers may have been requested and which,
in its opinion, may be waived without jeopardy to the public health,
safety, morals and general welfare.
(c)
The amount of construction or improvement or
the amount of the performance bond therefor which it will require
as prerequisite to the approval of the formal subdivision plat to
be submitted subsequently.
(2)
The subdivider, after official written notification
by the Board with respect to the preliminary layout and the changes,
if any, to be made therein, shall within six months thereafter file
with the Board original drawings of the formal subdivision plat and
street profiles. These shall be clearly and legibly drawn in ink on
tracing cloth in sheets 20 inches by 20 inches or 20 inches by 40
inches and to a scale of not more than 100 feet to the inch, except
that when more than one sheet is required, an additional index sheet
of the same size shall be filed showing to appropriate scale the entire
subdivision on one sheet with lot and block numbers. The size of the
sheets shall include a margin of one inch outside ruled border lines
on three sides and two inches border along the left side of the twenty-inch
side for binding. The subdivision plat shall show or be accompanied
by the following information:
(a)
The proposed subdivision name or identifying
title and the name of the village and county in which the subdivision
is located, the name and address of record owner and subdivider and
the name, license number and seal of the professional engineer and/or
land surveyor responsible for the design, survey of the subdivision
and/or the preparation of the plats.
(b)
Street lines, pedestrian ways, lots, reservations,
easements and areas to be dedicated to public use.
(c)
Sufficient data acceptable to the Administrative
Officer in order that he or she might readily determine the location,
bearing and length of every street line, lot line and boundary line
and to reproduce such lines upon the ground. Where practicable, these
should be referenced to monuments, included in the state system of
plane coordinates, and in any event should be tied to reference points
previously established by a public authority.
(d)
The length of all straight lines, the deflection
angles, radii, length of curves and central angles of all curves,
tangent distances and tangent bearings shall be given for each street.
All dimensions and angles of the lines of each lot shall also be given.
All dimensions shall be shown in feet and decimals of a foot. The
final plan shall show the boundaries of the property, location, graphic
scale and true North point.
(e)
The final plat shall also show the proper designation
thereon of all public open spaces for which deeds of cession are included
and those spaces to which title is reserved by the subdivider. For
any of the latter, there shall be submitted with the final submission
plat copies of agreements or other documents showing the manner in
which such areas are to be maintained and the provisions made therefor.
(f)
All offers of cession and covenants governing
the maintenance of unceded open space shall bear the certificate of
approval of the Village Attorney as to their legal sufficiency.
(g)
Lots and blocks within the subdivision shall
be numbered and lettered in alphabetical order in accordance with
the prevailing village practice.
(h)
Permanent reference monuments shall be shown
thus: X.
(i)
All lot corner markers shall be shown thus:
O.
(j)
The subdivision plat shall show the proposed
location of and type of sidewalks, streetlighting standards and species
of street trees, the location of curbs, gutters, water mains, sanitary
sewers and storm drains and the sizes and types thereof, the character,
width and depth of pavement and subbase, the location of manholes
and basins and underground conduits.
(k)
A stormwater pollution prevention plan consistent with the requirements of Article I and Article II of the Erosion and Sediment Control Law of the Village of Johnson City[2] shall be required for contingent approval. The stormwater pollution prevention plan shall meet the performance and design criteria and standards in Article II of the Stormwater Management and Erosion and Sediment Control Law of the Village of Johnson City. The approved preliminary subdivision plat shall be consistent with the provisions of the Erosion and Sediment Control Law of the Village of Johnson City.
[Added 5-29-2007 by L.L. No. 3-2007]
D.
Step 4. The subdivider shall attend a public hearing
to be called by the Board within 30 days after the date the proposed
plat is submitted to the Board.
E.
Step 5.
(1)
Within 45 days after the plat is filed, the Board
shall notify the subdivider of the contingent approval, contingent
modified approval or disapproval of the plat.
(3)
The contingent approval shall become final when the
subdivider complies with the following:
(a)
The subdivider shall complete in accordance
with the Board's directions a certificate stating that he or she shall
construct to the satisfaction of the Administrative Officer all the
street and sanitary improvements and other improvements specified
in § 7-724 of the Village Law and not specifically waived
by the Board and/or shall file with the Board a performance bond complying
with § 7-724 of the Village Law and satisfactory to the
Village Board as to form, sufficiency, manner of execution and surety
for the completion of such improvements as are not to be constructed
and/or may not be approved by the Administrative Officer.
(b)
The subdivider shall tender offers of cession
in a form certified as satisfactory by the Village Board of all land
included in streets, highways or parks, not specifically reserved
by him or her, but approval of the plat by the Board shall not constitute
an acceptance by the village of the dedication of any street, highway,
park or other public open space.
(c)
When the steps enumerated in Subsection C(2)(a) and (b) have been completed and when their notation upon the plat has been duly made by the Administrative Officer, the plat shall be deemed approved contingent upon a notation of approval upon the plat from the New York State Department of Health, Division of Sanitation, in accordance with §§ 1115 through 1118 of the Public Health Law. If such approval is obtained without changes on the plat required, the plat shall be finally and completely approved, and within 90 days after the Board has given its contingent final approval, the subdivider shall file the plat with the County Clerk or Registrar. In accordance with the provisions of § 7-728 of the Village Law, such final approval shall have been deemed to expire if the plat is not so filed within said 90 days. If the plat is not approved by the New York State Department of Health or is approved only after changes upon the plat are made, the Board's contingent approval will become null and void. Thereafter, all procedures required by this section necessary to achieve and complete final plat approval shall be repeated.
[Amended 7-15-2008 by L.L. No. 2-2008; 10-7-2014 by L.L. No. 6-2014]
A.
Before improvement construction work at the site can
commence, the subdivider shall within 10 days after filing the plat
with the County Clerk file a copy of the same plat with the Johnson
City Village Board.
B.
After such plat has been filed, the subdivider shall be granted permission in accordance with the applicable rules and regulations as established by the Village Engineer, the Administrative Officer and/or any other officials so directed by local ordinance to proceed with the work necessary according to the approved plans and in accordance with the provisions of Chapter 300, Zoning, and/or Chapter 114, Building Code Administration.
[Amended 5-7-2013 by L.L. No. 5-2013]
C.
Inspections.
(1)
After subdivision site work is underway, the subdivider shall cooperate with the Administrative Officer or any other duly designated official who shall be responsible for those inspections necessary to ensure that all work is in accordance with plans as approved and in conformity with the applicable standards and requirements as described in § 244-7 of this article.
(2)
The subdivider shall be required to bear the costs
of inspection of the work by an engineer.
D.
Monuments of a type approved by the Administrative
Officer shall set at all corners and angle points of the boundaries
of the original tract to be subdivided; and at all street intersections,
angle points in street lines, points of curve and such intermediate
points as shall be required by the Administrative Officer.
E.
Permanent reference monuments shall be constructed
in accordance with specifications of the engineer and, when referenced
to the state system of plane coordinates, shall also conform to the
requirements of the State Department of Public Works. They shall be
placed as required by the Administrative Officer.
F.
All lot corner markers shall be permanently located,
satisfactory to the Administrative Officer, at least 3/4 inches (if
metal) in diameter and at least 30 inches in length and located in
the ground to existing grade.
G.
Continuance of work at the subdivision site and the
gaining of village acceptance for constructed improvements shall be
dependent upon the following:
(1)
The applicable standards and requirements described in § 244-7 of this article shall be at all times fulfilled.
(2)
The subdivider shall furnish to the village an affidavit
stating that all bills and accounts for labor and materials in connection
with the improvements constructed and now offered for village acceptance
have been paid in full.
A.
General standards. The subdivider shall observe the
following general land subdivision standards:
(1)
The proposed subdivision shall conform to the Official Map, the provisions of Chapter 300, Zoning, and the Master Plan, if such exist.
[Amended 5-7-2013 by L.L. No. 5-2013]
(2)
The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided and shall be of a width at least as great as that of such existing streets. For those streets completed on a portion of an approved subdivision, the extensions of which are to be completed at a later date, the subdivider shall provide a turnaround roadway as specified for dead-end or cul-de-sac streets in Subsection A(4) below.
(3)
The main highways and secondary highways shall not
be less than the width shown on the Master Plan, if such exists; parkways
and boulevards shall be such width as may be designated by the Board.
As a general rule, the width of minor streets shall not be less than
50 feet.
(4)
Dead-end or cul-de-sac streets shall not in general
exceed 400 feet in length and shall be equipped with a turnaround
roadway with a minimum radius of 35 feet for the outside curb at the
closed end.
(5)
Block lengths generally shall not exceed 800 feet
in length.
(6)
A pedestrian right-of-way at least 10 feet wide may
be provided near and through the center of every block over 800 feet
long and shall be paved with a walk at least five feet wide.
(7)
Each normal block shall be planned to provide two
rows of lots, but irregularly shaped blocks indented by cul-de-sac
streets and containing interior parks will be acceptable when properly
designed and covered by agreements as to maintenance of interior parks.
(8)
Curb radii at intersections shall not be less than
20 feet and property line radii shall be at least the equivalent of
a ten-foot radius on a right angle intersection.
(9)
Side lines of lots, so far as practicable, shall be
at right angles or radial to street lines.
(10)
Reversed frontage of lots at street intersections
shall be avoided where possible, and a series of fan-shaped lots shall
not be platted.
(11)
Corner lots shall be increased in size whenever
necessary so as to provide that any structure to be placed thereon
shall conform to the building line of each street.
(12)
Grades of all streets shall conform in general
to the terrain and shall be the reasonable minimum, but shall not
be less than 0.5% nor more than 5% for main thoroughfares nor more
than 10% for minor streets.
(13)
Paved rear service streets of not less than 20 feet in width or, in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with all lots designed for commercial use. Standards shall be in conformity with Chapter 300, Zoning.
[Amended 5-7-2013 by L.L. No. 5-2013]
(14)
In front of areas designed and zoned or where a petition for a change in zoning is contemplated for commercial use, to permit such use the street width shall be increased by such amount on each side as may be deemed necessary by the Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial district. Standards shall be in conformity with Chapter 300, Zoning.
[Amended 5-7-2013 by L.L. No. 5-2013]
(15)
Land subject to flooding and deemed by the Board
to be uninhabitable shall not be platted for residential occupancy,
nor for such other uses as may increase danger to health, life or
property or aggravate the flood hazard, but for such uses as shall
not be endangered by periodic or occasional inundation or shall not
produce unsatisfactory living conditions.
(16)
In case a tract is subdivided into larger parcels
than ordinary building lots, such parcels shall be arranged so as
to allow the opening of future streets and logical further subdivision.
(17)
No reserve strips controlling access to land
dedicated or to be dedicated to public use shall be permitted.
(18)
In general, street lines within a block deflecting
from each other any one point more than 10º shall be connected
with a curve, the radius of which for the inner street lines shall
not be less than 350 feet on main thoroughfares, 250 feet on secondary
thoroughfares and 100 feet on local streets. The outer street line
in each case shall be parallel to such inner street line.
(19)
Developers shall set aside areas for parks and
playgrounds which shall be of reasonable size for neighborhood playgrounds
or other recreation uses when required by the Board. In lieu of land
specified for such purposes, the Board may require the subdivider
to contribute a lawful and reasonable sum for placement in a fund
to be earmarked and used by the Village Board for parks and playground
purposes. Such usage shall be in accordance with the Master Plan,
if such exists.
B.
Requirements for streets, roads and other associated
utilities. The following listed specifications for the construction
and improvements of streets, roads and other utilities offered to
the Village of Johnson City for dedication as public streets or utilities
constitute the standard specifications for all finished streets, roads
or other utilities which are to be incorporated in any new subdivision
and so offered to the Village of Johnson City for formal dedication
as public streets, highways or other utilities.
(1)
All Collector Streets shall have a minimum width of
at least 60 feet, and the roadbed foundation including drainage ditches
on all such streets shall be at least 36 feet wide.
(2)
All minor streets shall have a minimum width in accordance
with the pavement specifications,[1] and the roadbed foundation including drainage ditches
on all such streets shall be in accordance with the pavement specifications.
[1]
Editor's Note: The pavement specifications
are on file in the office of the Director of Public Services.
(3)
All streets shall be rough graded, in accordance with
the pavement specifications.
(4)
The base of all roadbeds shall be constructed in accordance
with the pavement specifications. The Board shall require greater
depths if, in the opinion of the Village Engineer, a thicker roadbed
is deemed necessary.
(6)
On all streets the ditches shall be cut on either
side of the roadbeds to carry all anticipated surface drainage to
the satisfaction of the Village Engineer. Wherever the grade is 5%
or greater, concrete curb and gutter shall be required. The base of
one such roadbed shall be 34 feet in width.
(7)
Sluiceways and culvert pipe drainage shall be required
at the intersection of all streets and other locations as designated
by the Village Engineer and shall be constructed with approved concrete
of sufficient size and strength to carry off anticipated surface drainage,
all of such installations to be made under the supervision of the
Village Engineer.
(8)
The minimum width for sidewalks to be constructed
in residential areas shall be five eet and in commercial or industrial
areas six feet.
(9)
An adequate storm drainage system shall be provided.
In lieu thereof, the Board may require the subdivider to contribute
a lawful and reasonable sum for placement in a fund to be earmarked
and used by the Village Board for the construction of a storm drainage
system. Such usage shall be in accordance with the Master Plan, if
such exists.
(10)
Streetlighting. Underground wiring for the streetlights,
the light poles, light pole bases, heads and luminaries shall be provided
by the subdivider. In general, the streetlights shall be located at
street intersections and spaced at intervals of 500 feet. The location
of said streetlights shall be approved by the Town of Union Streetlighting
Committee. The type of streetlights shall meet the Town of Union standards.
[Added 4-5-2005 by L.L. No. 1-2005]
