This chapter shall be known and may be cited
as the "Subdivision Ordinance of the City of Norwich."
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the protection of the public health, safety and welfare.
To protect the public, among other purposes, such provisions are intended
to provide for a permanently wholesome community environment, adequate
municipal services and safe streets.
This chapter shall not apply to any lot or lots
forming a part of a subdivision created and recorded prior to the
effective date of this chapter. Nor is it intended by this chapter
to repeal, abrogate, annul or in any way impair or interfere with
existing provisions of other laws or ordinances, except those specifically
repealed by this chapter, or with private restrictions placed upon
property by deed, covenant or other private agreement, or with restrictive
covenants running with the land to which the City is a party. Where
this chapter imposes a greater restriction upon land than is imposed
or required by such existing provisions by law, ordinance, contract
or deed, the provisions of this chapter shall control.
The provisions of this chapter shall be administered
by the Planning Commission of the City of Norwich.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
CITY
The City of Norwich.
COMPREHENSIVE PLAN
A comprehensive plan prepared by the Planning Commission
which indicates the general locations recommended for the various
functional classes of public and private works, places and structures
and for the general physical development of the City of Norwich, and
includes any unit or part of such plan separately adopted and any
amendment to such plan or parts thereof.
FINAL PLAT
The final map, drawing or chart prepared in accordance with
this chapter on which the subdivider's plan of subdivision is presented
to the Planning Commission for approval, and which, if approved, will
be submitted to the City and the County Clerk for recording.
LOT
A parcel or portion of land in a subdivision or plot of land,
separated from other parcels or portions by description as on a subdivision
or record of survey map or by metes and bounds, for the purpose of
sale or lease to, or separate use of, another.
OFFICIAL MAP
The map established by the Common Council 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.
OWNER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this chapter.
PRELIMINARY PLAT
The preliminary map, drawing or chart prepared in accordance
with this chapter, indicating the proposed layout of the subdivision,
to be submitted to the Planning Commission for its consideration.
STREETS and ALLEYS
A.
STREETA way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.
B.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
C.
ARTERIAL STREETA fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
D.
COLLECTOR STREETA street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
F.
MARGINAL ACCESS STREETA minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.
G.
MINOR STREETA street used primarily for access to the abutting properties.
H.
WIDTH, STREETThe shortest distance between the lines delineating the right-of-way of a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
The division of a parcel of land into three 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 which may be ordered or approved
by a court or effected by testamentary or intestate provisions, or
a division of land for agricultural purposes into lots or parcels
of three acres or more and not involving a new street, shall not be
deemed a subdivision. The term includes resubdivision and, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided.
No person shall subdivide any tract of land
which is located within the City except in conformity with the provisions
of this chapter.
When an application for subdivision review and
approval involves property that is within 500 feet of an adjacent
municipality, as defined in § 239-nn of the General Municipal
Law, the Planning Commission shall give notice to the adjacent municipality
by mail or electronic transmission to the clerk of the adjacent municipality
at least 10 days prior to any hearing. Notice shall also be provided
to the County Planning Agency if required by § 239-n of the General
Municipal Law
Prior to the granting of final approval, the
subdivider shall have installed or shall have furnished adequate bond
for the ultimate installation of the following:
A. Monuments. Monuments shall be placed at all block
corners, angle points, points of curves in streets, and at intermediate
points as shall be required by the City Engineer. The monuments shall
be of such material, size and length as may be approved by the City
Engineer.
B. Streets.
(1) Surfacing. All streets shall be surfaced in accordance
with applicable standard specifications of the City. Such construction
shall be subject to inspection and approval by the City Engineer.
(2) Curbs, gutters and drainage. Curbs, gutters, drainage
and drainage structures shall be provided in accordance with standard
specifications of the City. Such construction shall be subject to
the inspection and approval of the City Engineer.
(3) Sidewalks. Concrete sidewalks shall be constructed
along at least one side of every minor street shown on the plat, in
accordance with applicable standard specifications of the City, and
concrete sidewalks shall be constructed along both sides of all arterial
and collector streets.
(4) Name signs. Street name signs shall be placed at all
street intersections within or abutting the subdivision. Such signs
shall be of a type approved by the City and shall be placed in accordance
with standards of the City.
(5) Lighting. Streetlighting facilities shall be subject
to the approval of the City Engineer and located as required within
or abutting the subdivision. Light standards shall be approved by
the Planning Commission.
C. Water supply.
(1) Accessible public water supply. Where the City water
supply is reasonably accessible, each lot within the subdivision area
shall be provided with a connection thereto. All connections shall
be subject to the approval of the City Engineer.
(2) Nonaccessible public water supply. In a proposed subdivision,
pending accessibility of a public water supply, the subdivider may
be required to construct wells or a private water supply system in
such a manner that an adequate supply of potable water will be available
to every lot in the subdivision at the time improvements are erected
thereon. The adequacy, healthfulness and potability of the water supply
shall be subject to approval of the City Health Department. The water
supply system shall be constructed under the direction and control
of the Board of Water Commissioners.
(3) Fire hydrants. Fire hydrants shall be installed in
all subdivisions. Fire hydrant standards shall be subject to the approval
of the City Fire Department and the City Engineer.
D. Sanitary sewer system.
(1) Public sanitary sewer accessible. Where a public sanitary
sewer is reasonably accessible, each lot within the subdivided area
shall be provided with a connection thereto. All connections shall be subject to the approval of the
City Engineer.
[Added 4-26-1988 by Ord. No. 4-1988]
The Common Council shall establish by resolution
such fees as it shall deem appropriate in regard to the administration
of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined in an amount not exceeding
$1,000 or be imprisoned in the county jail for a period not exceeding
one year, or both such fine and imprisonment. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.