A.
By an ordinance adopted by the Common Council of the City of Plattsburgh
on March 30, 1955, pursuant to the provisions of the General Municipal
Law, and by an ordinance subsequently adopted by the Common Council
on June 5, 1973, pursuant to the provisions of the General City Law,
the Planning Board of the City of Plattsburgh has the power and authority
to approve, modify and disapprove plats, showing lots, blocks or sites
with or without streets or highways, to approve the development of
entirely or partially undeveloped plats already filed in the office
of the Clerk of the county and to conditionally approve preliminary
plats within the City of Plattsburgh. As a basis for such approval,
the Planning Board prescribes the following regulations governing
subdivisions.
B.
All references herein to the General City Law are for the purpose
of incorporating by reference all of the provisions contained in such
law as though the same were set forth herein in full length and adopting
the contents of such provisions of the General City Law as a part
thereof.
C.
Appointment. The Mayor shall appoint the regular and alternate members
of the Planning Board, subject to confirmation by the affirmative
vote of three members of the Common Council. At least one regular
member or alternate member shall be appointed from each Ward. The
Mayor shall appoint a chairperson of the Planning Board from among
the regular members. No member of the Common Council or the Zoning
Board of Appeals of the City of Plattsburgh shall be eligible for
appointment to the Planning Board. A Board member may be removed from
office by vote of the Common Council if he (she) fails to attend five
or more Board meetings out of 12, consecutive regular or special meetings
of the Board.
[Added 1-30-2003 by L.L.
No. 1-2003]
It is declared to be the policy of the City of Plattsburgh Planning
Board, to consider land subdivision plats as part of a plan for the
orderly and efficient future growth and development of the City affording
suitable and adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population. The following objectives shall guide the Planning
Board's decisions:
A.
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from
fire, flood or other menace.
B.
Proper provision shall be made for water supply, drainage, sewerage
and other needed public improvements and utilities in accordance with
the Comprehensive Master Plan.
C.
Proposed streets shall compose a convenient system conforming to
the Comprehensive Master Plan.
D.
Streets shall be of such width, grade and location as to accommodate
present and prospective traffic.
E.
All subdivision design shall assure adequate light and air.
F.
All development shall facilitate adequate fire protection and provide
access for firefighting equipment.
G.
Open space for parks and playgrounds shall be shown on the subdivision
plat wherever appropriate.
H.
In case any of these regulations shall conflict or be inconsistent
with any provisions of City law, such relevant provisions shall apply.
A.
Rules of construction of language.
(1)
Words used in the present tense include the future.
(2)
Words used in the singular number include the plural, and words used
in the plural number include the singular, unless the context clearly
indicates the contrary.
(3)
The word "shall" is always mandatory. The word "may" is permissive.
(4)
A "building" or "structure" includes any part thereof. "Building
or other structure" includes all other structures of every description,
regardless of dissimilarity to conventional building forms.
(5)
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
(6)
The word "person" includes a corporation as well as an individual.
(7)
The word "lot" includes the word "plot" or "parcel."
(8)
The term "Planning Board" shall mean the "City Planning Commission."
B.
CITY PLANNER
COLLECTOR STREET
CUL-DE-SAC STREET
EASEMENT
ENGINEER
INTERIOR LOT
MAJOR STREET
MAJOR SUBDIVISION
MARGINAL ACCESS STREET
MASTER PLAN
MINOR STREET
MINOR SUBDIVISION
OFFICIAL MAP
PRELIMINARY PLAT
RIGHT-OF-WAY
SKETCH PLAN
STREET
STREET PAVEMENT
STREET WIDTH
SUBDIVIDER
SUBDIVISION
SUBDIVISION PLAT or FINAL PLAT
SURVEYOR
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
The duly designated Planner of the City of Plattsburgh.
[Amended 8-17-2017 by L.L. No. 3-2017]
A street which serves or is designed to serve as a trafficway
for a neighborhood or as a feeder to a major street.
A street with only one means of vehicular ingress and egress
and with a turnaround at its terminus.
An acquired right of use on the property of another for a
specified purpose.
A person licensed as a professional engineer by the State
of New York.
A lot enclosed on all sides by other lots and not abutting
a public street.
A street which serves or is designed to serve rapid or heavy
flows of traffic and which is used primarily as a route for traffic
between communities and/or other heavy traffic-generating areas. Arterial
streets and highways are "major streets."
Any subdivision not classified as a "minor subdivision,"
including but not limited to subdivisions of five or more lots, or
any size subdivision requiring any new street or extension of municipal
facilities.
A local street which is parallel to and adjacent to a major
artery and which provides access to abutting properties and protection
from through traffic.
A Comprehensive Plan prepared and/or approved by the Planning
Board, which 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 and includes any unit
or part of such plan separately adopted and any amendment to such
plan or parts thereof.
A street intended to serve primarily as access to abutting
properties.
Any subdivision containing not more than four lots, each
of at least the minimum size as permitted by the Zoning Ordinance,[1] each fronting on an existing public street, not involving
any new street or road or the extension of municipal facilities, not
adversely affecting the development of the remainder of the parcel
or adjoining properties and not in conflict with any provisions or
portion of the Master Plan.
The map established or to be established by the City Council
showing streets, highways and parks theretofore laid out, adopted
and established by law and any amendments thereto adopted by the City
Council or additions thereto resulting from the approval of subdivision
plats by the Planning Board and the subsequent filing of such approved
plats.
A drawing or drawings, clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in § 300-23 of these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
The property of a circulatory facility. (See "street width.")
A sketch of a proposed subdivision showing the information specified in § 300-21 of these regulations to enable the subdivider to reach general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, artery, avenue,
boulevard, lane, place or however otherwise designated, between right-of-way
lines.
The wearing or exposed surface of the roadway use by vehicular
traffic.
The width of the right-of-way or the distance between property
lines on opposite sides of a street, measured at right angles to the
center line of the street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself, itself or for others.
The division of any parcel of land into two or more lots,
plots, sites or other division of land for the purpose, whether immediate
or future, of transfer of ownership or building development. Such
division shall include resubdivision of plats already filed in the
office of the County Clerk if such plats are entirely or partially
undeveloped. Such division may be for residential or nonresidential
use.
A drawing, in final form, showing a proposed subdivision
containing all information or detail required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the Office of the County Clerk.
A person licensed as a land surveyor by the State of New
York.