These regulations shall be known and may be cited as the "Subdivision
Regulations of the City of Cohoes."
A.
Generally. It is declared to be the policy of the City Planning Board
and the City of Cohoes to consider land subdivision as part of a plan
for the orderly, efficient and economical development of the City.
Land to be subdivided shall be of such character that it can be used
for building purposes without danger to health or peril from fire,
flood or other menace. Proper provision shall be made for drainage,
water, sewerage, and other needed improvements.
B.
Streets. The proposed streets shall compose a convenient system conforming
to the Official Map, as it may be adopted, and shall be properly related
to the proposals shown on the Master Plan of the City, as it may be
adopted. Streets shall be of such width, grade and location as to
accommodate the prospective traffic, to afford adequate light and
air, and to facilitate fire protection.
C.
Park areas. In proper cases, park areas of suitable location, size
and character for playground or other recreational purposes shall
be shown on the subdivision plat.
D.
Purpose of provisions. In order that land may be subdivided in accordance
with this policy, these regulations are hereby adopted.
Should any of these regulations conflict or be inconsistent
with any provision of the General City Law, the provision of the General
City Law shall apply.
The following procedures shall be observed by all subdividers.
A.
Filing with Planning Board. Preliminary and final plans for all proposed
subdivisions of land lying within the City limits shall be filed with
the Planning Board for approval.
B.
Consideration of plans and data. Subdivision plans and supporting
data submitted to the Planning Board will be considered at the Planning
Board's next regularly scheduled meeting, provided that they
are received at least 10 business days in advance of said meeting.
The date of submission shall be the date of the next regularly scheduled
City Planning Board meeting.
C.
Authority of Planning Board. The initial plan filed with the Planning Board for review shall be considered the official preliminary plan. However, the Planning Board may proceed to final action at the first consideration of a plan for a minor subdivision containing no new streets if the plan and supporting data comply with all of the requirements for final plans. (See § 285-122A and B.)
D.
Sketch plan; purpose and scope. The subdivider may prepare a sketch
plan for informal discussion with the Planning Board prior to submitting
the official preliminary plan for review. This sketch plan shall be
for the purpose of establishing in advance, if possible, the extent
to which the proposed subdivision conforms to the design standards
of this article.
A.
Plan requirements. Preliminary plans and supporting data shall comply
with the provisions of this article.
B.
Number of copies required. Ten copies of the preliminary plan shall
be submitted to the Planning Board by the subdivider.
E.
Action by Planning Board. Within 45 days after the meeting at which
the preliminary plan is reviewed, the Planning Board shall notify
the subdivider of the changes and modifications, if any, which must
be incorporated on the final plan before it shall be approved.
F.
Conditional approval. Approval of the preliminary plan, subject to
conditions, revisions and modifications as stipulated by the Planning
Board, shall constitute conditional Planning Board approval of the
subdivision as to the character and intensity of the development and
the general layout and approximate dimensions of streets, lots, and
other proposed features.
G.
Waiver of requirements. Should the proposed plan be constituted of
four or fewer lots and involve no new streets, the Planning Board
may waive the general procedure requirements of the preliminary plan.
A.
Time for submission. A final plan with supporting data shall be submitted
to the Planning Board for final approval within one year of the Planning
Board action on the preliminary plan. An extension of time may be
granted by the Planning Board upon written request. Otherwise, the
plan submitted after one year shall be considered a new preliminary
plan.
B.
Conformity to preliminary plan. The final plan shall conform in all
important respects to the preliminary plan as previously reviewed
by the Planning Board and shall incorporate all modifications and
revisions specified by the Planning Board in its conditional approval
of the preliminary plan. Otherwise the plan shall be considered a
revised preliminary plan.
C.
Submission in sections. The Planning Board may permit submission
of the final plan in sections, each covering a portion of the entire
proposed subdivision as shown on the preliminary plan.
D.
Action by Planning Board; public hearing required. The Planning Board
shall hold a public hearing within 30 days of the official submission
date and must approve or otherwise act on the plan within 45 days
of the submission date according to General City Law § 32.
The official submission date shall be the date of the next regularly
scheduled Planning Board meeting to follow receipt of the plat (complete
and with all supporting data required by the Planning Board in its
action on the preliminary layout), if received by the Planning Board
through its Secretary or receiving agent at least 10 days prior to
such Planning Board meeting.
E.
Notice of hearing required. Upon the official submission of a final
plan for consideration at a regular meeting, the City shall give notice
that a public hearing will be held upon such plan. Public notice of
the hearing shall be advertised in a newspaper of general circulation
in the City at least five days but not more than 30 days before such
hearing.
G.
Number and disposition of copies. Six copies of the final plan with
supporting data shall be submitted to the Planning Board by the subdivider.
The Planning Board Secretary shall transmit copies to:
H.
Notice of approval or disapproval. Within 45 days after the public
hearing on the final plan, the Planning Board shall notify the subdivider,
in writing, of its approval or disapproval.
I.
Recording after approval. Within 62 days after final approval, the
subdivider shall file for recording a copy of the final plan, or sections
thereof, bearing the approval of the Planning Board in writing. If
the final plan is not recorded within such period, the Planning Board's
approval shall expire and become null and void.
J.
Copy of plan filed for recording. The copy of the final plan filed
for recording in the office of the County Clerk shall be a clear and
legible white print on Mylar, in accordance with the requirements
of said office.
The design standards listed below shall be incorporated in all
proposed plans:
A.
Suitability of land. Land shall be suited to the purposes for which
it is to be subdivided. In general, the Planning Board shall take
the following factors into consideration prior to the approval of
any subdivision plan:
(1)
Safeguards against flooding. Subdivisions laid out on land subject
to periodic flooding shall not be approved unless adequate safeguards
against such hazards are provided by the plan. The following criteria
shall be followed in making this decision:
(a)
All such proposed developments are consistent with the need
to minimize flood damage.
(b)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(c)
Adequate drainage is provided so as not to increase the exposure
to flood hazards of adjacent lands.
(d)
All public utilities and facilities are located, elevated and
constructed so as to minimize or eliminate flood damage, these utilities
and facilities to include sewer, gas, electrical and water systems.
(2)
Safeguards against soil erosion. Subdivisions shall not be approved
unless the applicant provides a soil protection plan which identifies
the areas of various soil types on the property, hydrologic soil groups,
and soil erosion factors. The plan shall also identify:
(a)
All soil disturbance areas and construction staging areas.
[1]
To the maximum extent practicable, construction staging areas
shall be limited to previously disturbed areas or areas with compacted
or poorly infiltrating soils.
[2]
Construction staging areas shall not be located underneath tree
canopies and shall further be limited to the following areas:
[a]
Within 40 feet of the building perimeter.
[b]
Within 10 feet of the surface walkways, patios,
surface parking and utilities with a diameter of 12 inches or less.
[c]
Within 15 feet of road curbs and main trenches
for utilities with a diameter of greater than 12 inches.
[d]
Within 25 feet of areas constructed with pervious
surfaces (including pervious paving materials, stormwater management
facilities and playing fields).
[3]
Unless specifically approved by the Planning Board, vegetation beyond the disturbance areas set forth in § 285-121A(2)(a)[2] shall not be cleared or disturbed, and all vegetation within the disturbance areas shall be replaced upon completion of construction.
(b)
For redevelopment areas, any proposed impervious or pervious
paved surfaces.
[1]
Proposed paved surfaces on previously undeveloped soils within
Hydrologic Soil Group A, as defined by Part 630 of the United States
Department of Agriculture National Engineering Handbook, shall be
constructed so that at least 90% of the surface is composed of pervious
materials (including porous concrete, porous asphalt, structural pavers
and structural grass or equivalent materials), unless the applicant
can demonstrate with an engineering report that the pervious materials
present a threat to public health or safety.
[2]
Proposed paved surfaces on previously undeveloped soils within
Hydrologic Soil Group B, as defined by Part 630 of the United States
Department of Agriculture National Engineering Handbook, shall be
constructed so that at least 80% of the surface is composed of pervious
materials (including porous concrete, porous asphalt, structural pavers
and structural grass or equivalent materials), unless the applicant
can demonstrate with an engineering report that the pervious materials
present a threat to public health or safety.
[3]
Notwithstanding § 285-121A(2)(b)[1] and [2], new impervious surfaces shall not be located on Hydrologic Soil Group A or B unless there are no other practicable alternatives.
(c)
Any erodible soils with an erosion factor (K or Kw) of 0.43
or greater as determined by the most recent Natural Resources Conservation
Service survey data.
[1]
New development should not be located on highly erodible soils
or clay soils prone to slippage, unless supported by a report from
a geotechnical engineer attesting to the suitability of the soils
for construction and the limitation of potential erosion.
(3)
Preservation of natural resource buffers. Except as otherwise
provided herein, natural area buffers shall be maintained in their
natural state adjacent to watercourses, wetlands, and areas shown
on the subdivision plat containing sensitive plant species.
(a)
Minimum buffer areas shall be as follows and may be extended
by the Planning Board in appropriate instances where topography requires
a greater buffer to provide a level of protection equivalent to the
distances set forth herein:
[1]
One hundred feet from the boundary of any state or federally
designed wetland.
[2]
One hundred feet from the top of the bank of any perennial watercourse.
[3]
Fifty feet from the top of the bank of an intermittent watercourse.
[4]
Fifty feet from the boundary of areas containing sensitive plant
species.
(b)
Unless specifically approved by the Planning Board, buffer areas
shall remain undisturbed without any clearing, grading and construction
or be used for the storage or stockpiling of any materials, including
sand, gravel or snow accumulated from snowplowing.
(4)
Preservation of trees. Minimizing the removal of trees and preserving
mature trees protects the environment by reducing stormwater runoff,
maintaining habitat, promoting clean air and reducing heat island
effects.
(a)
Projects clearing 0.5 acre or greater of undisturbed land. The
subdivision plan shall identify the location of all major vegetation,
including all trees larger than six inches diameter breast height
(DBH). The Planning Board shall minimize the loss of trees by identifying
the following for preservation:
[1]
Trees which are important to the site or neighborhood due to
their size, age or rarity.
[2]
Trees located in environmentally sensitive areas, such as wetlands.
[3]
Trees that offer visual screening or noise buffers to adjoining
properties.
[4]
Trees that shelter other trees from strong winds or are part
of a continuous and mutually dependent canopy.
(b)
Where disturbance of an identified tree's roots is necessary,
excavation within the root zone shall be done with extreme care to
prevent unnecessary damage to adjacent fibrous root structures.
(c)
Any trees which are removed during development of the subdivision
which were not previously approved for removal by the Planning Board
shall be replaced with equivalent trees unless otherwise waived by
the Planning Board.
(d)
Nothing contained herein shall preclude a property owner from
removing trees identified for preservation which are diseased or severely
damaged, or otherwise present a threat to public health or safety.
(5)
Certain areas not to be subdivided. Areas characterized by steep
slopes, rock formations or other similar features shall not be subdivided
into residential lots.
B.
Streets.
(1)
General.
(a)
Dimensions and design standards. Street dimensions and design
standards shall be in accordance with the prevailing standards as
established by the City Engineer.
(b)
Location of major streets. The location of all major streets
in the proposed subdivision shall conform in general alignment to
the traffic plan adopted by the Planning Board.
(c)
Projection of existing streets. The proposed street layout shall
provide for the continuation or projection of existing streets in
the surrounding area unless the Planning Board deems such extension
undesirable for specific reasons of topography or design.
(d)
Relation to topography. Streets shall be logically related to
the topography to produce usable lots and reasonable grades.
(e)
Minor streets. Minor streets shall be laid out to discourage
through traffic, but provision for street connections into and from
adjacent areas will generally be required.
(f)
Access to property required. Proposed streets shall be extended
to provide access to adjoining property where necessary.
(g)
Provision for street rights-of-way. Adequate street rights-of-way
shall be provided as necessary where lots in the proposal are large
enough to permit resubdivision or if a portion of the tract is not
subdivided.
(h)
Provision for access streets, service alleys, reverse frontage
lots, etc. Where a subdivision abuts or contains an existing or proposed
major traffic street, the Planning Board may require marginal access
streets, rear service alleys, reverse frontage lots or such other
treatment as will provide protection for abutting properties, reduction
in the number of intersections with the major street, and separation
of local and through traffic.
(i)
Partial streets. Partial streets will not be permitted, except
where essential to reasonable subdivision of a tract in conformance
with the other requirements and standards contained herein and where,
in addition, satisfactory assurance for dedication of the remaining
part of the street can be secured.
(j)
Tracts bordering existing half or partial street. Wherever a
tract to be subdivided borders an existing half or partial street,
the other part of the street shall be plotted within such tract.
(k)
Dead-end streets. Dead-end streets shall be prohibited, except
as stubs to permit future street extension into adjoining tracts or
when designed as a cul-de-sac.
(l)
Reserve strips. New reserve strips, including those controlling
access to streets, shall be avoided.
(m)
Vegetated open channels. Whenever the proposed street layout
contains sufficient space in the right-of-way and appropriate soil
conditions are present, vegetated swales or bioretention methods shall
be considered for stormwater conveyance and treatment and shall be
designed to include safe emergency overflow events for large storm
events. If such methods cannot be utilized, the applicant shall provide
an explanation in writing as to why the methods cannot be achieved.
(2)
Street intersections.
(a)
Angle of intersections. Streets shall be laid out to intersect
as nearly as possible at right angles. No street shall intersect another
at an angle of less than 60°.
(b)
Multiple intersections. Multiple intersections involving the
junction of more than two streets shall be avoided. Where this proves
impossible, such intersections shall be designed with extreme care
for both pedestrian and vehicular safety.
(c)
Size of clear-sight triangles. Clear-sight triangles of 35 feet
measured along street lot lines from their point of junction shall
be provided at all intersections, and no building shall be permitted
within such sight triangles.
(d)
Distance between intersections. To the fullest extent possible,
intersections with major traffic streets shall be located not less
than 800 feet apart, measured from center line to center line.
(e)
Streets entering opposite sides of another street. Streets entering
opposite sides of another street shall be laid out either directly
opposite one another or with a minimum offset of 125 feet between
their center lines.
(f)
Curb radii. Minimum curb radii at street intersections shall
be 15 feet for intersections involving only minor streets, 25 feet
for intersections involving other type streets, or such greater radius
as is suited to the specific intersection.
(g)
Inadequate right-of-way width. Where a subdivision abuts or
contains an existing street of inadequate right-of-way width, additional
right-of-way width shall be required.
(h)
Leveling area required. Where the grade of any street at the
approach to an intersection exceeds 7%, a leveling area shall be provided
having not greater than grades of 4% for a distance of 25 feet measured
from the nearest right-of-way line of the intersecting street.
(3)
Cul-de-sac streets.
(a)
Generally. A cul-de-sac street shall only be used where other
design options such as loop roads or boulevards are not reasonably
practical or feasible. Where a cul-de-sac street is determined to
be necessary or desired, it shall be designed to minimize width and
amount of impervious materials to protect water quality.
(b)
Dimensions. Cul-de-sac streets, permanently designed as such,
shall not exceed 500 feet in length and shall furnish access to not
more than 20 dwelling units. The paved width of the road in the cul-de-sac
street shall be the equivalent of 1/2 of the design standards for
a local town road, excepting shoulder areas.
(c)
Turnaround. A cul-de-sac street shall have a maximum outside
turning radius of 35 feet, unless a larger turning radius is determined
necessary for emergency vehicles or large school buses. In no event
shall the outside turning radius exceed 45 feet.
(d)
Adjacent sidewalks. For all cul-de-sac streets with an outside
turning radius greater than 35 feet, all sidewalks adjacent to the
cul-de-sac street should be constructed of pervious materials.
(e)
Utilities. Unless there is no reasonably practical or feasible
alternative, utilities shall not be located in the center of cul-de-sac
streets so that such areas can maximize green space. Centers of cul-de-sac
streets shall be designed to promote stormwater infiltration and should
not be curbed or raised in a manner that prevents stormwater from
draining into the center of the street.
(f)
Provision for future extension. Unless future extension is clearly
impractical or undesirable, a turnaround right-of-way of the same
width as the street shall be carried to the property line in such
a way as to permit future extension of the street into the adjoining
tract.
(4)
Sidewalks.
(a)
Width. Sidewalks shall have a maximum width of five feet unless
local conditions or high pedestrian volumes warrant a wider sidewalk.
(b)
Grading. Sidewalks shall be graded such that they drain to the
front yards except in areas where the introduction of additional groundwater
may be undesirable (e.g., Hydrologic Soil Group C or D) or determined
to be physically impracticable.
(c)
Location. Where practical and consistent with adjoining land
uses, sidewalks shall be placed on one side of the street with appropriate
and safe pedestrian access provided to cross the street. This requirement
does not apply to downtown areas.
(d)
Permeable strips. A continuous permeable strip should be located
between the sidewalk and the curbside or edge of pavement and shall
be designed as follows:
[1]
The permeable strip shall be at least three feet wide or 1/3
the width of the sidewalk, whichever is greater, and shall extend
for the length of the sidewalk.
[2]
When used as a linear bioretention area, the permeable strip
must be designed in accordance with the New York State Stormwater
Design Manual. If the bioretention area is part of an approved stormwater
pollution prevention plan and the area is not conveyed to the City
of Cohoes, a maintenance plan for the bioretention area must be included
with the application.
[3]
Trees to be planted in the permeable strip shall be planted
either individually or in groups with a minimum separation distance
of 30 feet on center and a maximum separation distance of 75 feet
on center. Selected trees shall be noninvasive and have an upright
branching pattern with a minimum vertical clearance of eight feet
to the lowest branches at the time of planting.
[4]
Other vegetation to be planted in the permeable strip shall
consist of native meadow plantings, low herbaceous plants, or no-mow
ground covers. Artificial grass is strictly prohibited.
C.
Lots and lot sizes.
(1)
Compliance with this chapter. Lot sizes and dimensions shall
be not less than those specified in the bulk and use regulations of
this Municipal Code.[1]
[1]
Editor's Note: The Tables of Bulk and Use Regulations are included as attachments to this chapter.
(2)
Tests of adequacy of lots. Where either or both water supply
and sanitary sewage disposal are provided by individual on-lot facilities
and evidence indicates that the requirements of this chapter are not
adequate, the Planning Board may require tests, in accordance with
the rules and regulations of the State Departments of Health and Environmental
Conservation, undertaken at the expense of the developer, to determine
the adequacy of the proposed lot size and existing grade and soil
conditions. In all such cases where the tests indicate a larger lot
size to be necessary, the Planning Board may employ the services of
a registered and qualified independent sanitary engineer for advice
as to the minimum lot size and/or facilities necessary to prevent
unsanitary conditions and hazards to the public health. In such cases,
the cost of retaining the services of a qualified engineer shall be
borne by the developer.
(3)
Review to prevent health hazards in commercial subdivisions.
Where commercial subdivisions are proposed to be served by either
or both on-lot sanitary sewage disposal and water supply facilities,
the lot area and dimensions required to prevent health hazards shall
be subject to individual review and determination by the Planning
Board. New York State Departments of Health and Environmental Conservation
and/or County Board of Health.
(4)
Frontage. All lots shall front upon a public street.
(5)
Ratio of depth to width. The ratio of the depth of any lot to
its width shall not be greater than 2 1/2 to one, except as may
be specified in this chapter.
(6)
Angle of side lot lines to street lines. Side lot lines shall
be substantially at right angles or radial to street lines.
(7)
Remnants of land; disposition. If remnants of land exist after
subdividing, they shall be incorporated in existing or proposed lots
or dedicated to public use if acceptable to the City.
(8)
Double frontage lots. Double frontage lots are prohibited, except
where employed to prevent vehicular access to major traffic streets.
(9)
Parcels for nonresidential use; depth and width. Depth and width
of parcels laid out or reserved for nonresidential use shall be sufficient
to provide satisfactory space for off-street parking and unloading
as required by the provisions of this chapter.
D.
Easements.
(1)
Dimensions. Easements with a minimum width of 10 feet plus the
width of any required pipe or other improvement shall be provided
as necessary for utilities.
(2)
Location. To the fullest extent possible, easements shall be
centered on or adjacent to rear or side lot lines.
(3)
Effect of watercourse in subdivision. Where a subdivision is
traversed by a watercourse, there shall be provided a drainage easement
or right-of-way conforming substantially to the line of such watercourse
and of such width as will be adequate to preserve natural drainage.
E.
Blocks.
(1)
Dimensions generally. The length, width and shape of blocks
shall be determined with due regard to the following:
(2)
Length. Blocks shall have a minimum length of 750 feet and a
maximum length of 1,200 feet. In the design of blocks longer than
1,000 feet, special consideration shall be given to the requirements
of satisfactory fire protection.
(3)
Depth of residential blocks. Residential blocks shall be of
sufficient depth to accommodate two tiers of lots, except where reverse
frontage lots are used.
(4)
Pedestrian interior walks; purpose and dimensions. Pedestrian
interior walks may be required where necessary to assist circulation
or provide access to community facilities. Such walks shall have a
width of not less than 10 feet and a paved walk of not less than four
feet.
F.
Storm drainage.
(1)
Layout and grade of lots. Lots shall be laid out and graded
to provide positive drainage away from buildings.
(2)
Sewers and culverts; standards. Storm sewers, culverts and related
installations shall be as specified in accordance with prevailing
standards of the City Engineer.
(3)
Rooftop runoff. Whenever possible, all buildings to be constructed
in an approved subdivision shall be designed with rooftop stormwater
conveyance systems that direct stormwater away from roads and parking
lots in accordance with approved stormwater practices.
G.
Community facilities and final subdivision plan requirements.
(1)
Duty of Planning Board. In reviewing subdivision plans, the
Planning Board will consider the adequacy of existing or proposed
community facilities to serve the additional dwellings proposed by
the subdivision.
(2)
Reservation for public use. Where a proposed park, playground,
school or other public use shown in a final subdivision plan is located
in whole or in part in a subdivision, the Planning Board may require
the reservation of such area as may be deemed reasonable. Where said
area is not dedicated, it shall be reserved for acquisition by the
City for a period of three years.
(3)
Adequacy of areas provided or reserved. Areas provided or reserved
for such community facilities should be adequate to provide for building
sites, landscaping and off-street parking as appropriate to the use
proposed.
(4)
Layout to conform to final subdivision plan. The layout of the
proposed subdivision shall be in general conformity with the features
or developments proposed in the final subdivision plan.
H.
Required improvements.
(1)
Scope of provisions.
(a)
Streets. Every street shown on a plat that has obtained Planning
Board approval and has been recorded within 90 days of such approval
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 City and formally accepted as a public street by ordinance
of the Common Council or condemned by the City as a public street.
No public municipal utility or improvement shall be constructed by
the City on any street, unless by easement, until it has become a
public right-of-way and is duly placed on the Official Map or plan.
(b)
Standards. Minimum improvements and construction standards required
of all subdivisions shall be as set forth in this section. Where not
set forth, they shall be in accordance with the prevailing standards
of the City Engineer. Alternate improvement standards may be permitted
if the City Engineer deems them equal or superior in performance characteristics
to the specified improvements. Additional or higher type improvements
may be required in specific cases where the Planning Board believes
it necessary to create conditions essential to the health, safety,
morals and general welfare of the citizens of the City.
(c)
Examination. Design standards and required improvements may
be examined at the City Engineer's office.
(d)
Expense of improvements. Nothing in this article or in the approval
of a subdivision by the Planning Board shall be construed to obligate
the City to bear the expense of the installation of off-site improvements
unless approved by the Common Council.
(2)
Monuments and markers.
(a)
Placement. Monuments shall be placed by the subdivider so that
the score or marked point shall coincide exactly with the intersection
of the lines to be marked and shall be set so that the top of the
monument or marker is level with the surface of surrounding ground.
(b)
Location and specifications of monuments. Monuments shall be
set at the intersection of all lines forming angles in the boundary
of the subdivision. Monuments may be of the following two types:
(c)
Location and specifications of markers. Markers shall be set
at the beginning and ending of all curves along street property lines,
at all points where lot lines intersect curves, either front or rear,
and at all angles in property lines of lots; at all corner lots, markers
shall consist of steel bars at least 15 inches long and not less than
3/4 inch in diameter.
(3)
Streets.
(a)
Standards. Required improvements shall be in accordance with
the prevailing standards of the City Engineer.
(b)
Grading, surfacing and improving. Streets and alleys, where
provided, shall be graded, surfaced and improved to the grades, profiles
and cross sections approved by the City Engineering Department.
(c)
Curbing. Curbing shall not be included along any new or reconstructed
roads which may interfere with stormwater flows unless it is demonstrated
that such curbs are necessary for engineering or safety reasons.
(4)
Public water supply.
(a)
System available. Where public water supply, in the opinion
of the Planning Board, as advised by the City Engineer, is reasonably
accessible, the subdivision shall be provided with a complete and
adequate water distribution system, including a connection for each
lot and appropriately spaced fire hydrants.
(b)
System not available. Where public water supply is not within
reasonable distance, an alternate supply, approved by the State Department
of Health, shall be furnished.
(5)
Public sanitary sewer system.
(a)
System available. Where the public sanitary sewer system, in
the opinion of the Planning Board, as advised by the City Engineer,
is reasonably accessible, sanitary sewers shall be installed to adequately
serve all lots with connections to the public system. Stormwater shall
be excluded from sanitary sewers.
(b)
System not available. Where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall obtain approval of lot sizes as provided in § 285-121C(2). In addition, individual septic tanks and disposal fields and/or neighborhood disposal systems shall be approved by the State Department of Environmental Conservation.
(6)
Storm sewers. Storm sewers shall be installed when, in the opinion
of the Planning Board, as advised by the City Engineer, they are deemed
necessary to provide adequate drainage for the subdivision.
(7)
Site improvements. All site improvements will be made or installed
in accordance with standards, specifications and procedures acceptable
to the Planning Board and City Engineer prior to the sale of lots.
(8)
Security. A performance bond of 25% of the full cost, as estimated
by the Planning Board or City Engineer, shall be provided pursuant
to a written security agreement with the City, approved by the Common
Council and also approved by the City Attorney as to form, sufficiency,
and manner of execution. In the event that any required improvements
have not been installed as provided in the security agreement, the
Common Council may thereupon declare the performance bond to be in
default and collect the sum remaining payable thereunder; and upon
the receipt of the proceeds thereof, the City shall install such improvements
as are covered by such security and as commensurate with the extent
of building development that has taken place in the subdivision but
not exceeding in cost the amount of such proceeds.
A.
Preliminary plan.
(1)
Scale. The preliminary plan shall be at a scale of not more
than 100 feet to one inch.
(2)
Plan information. The preliminary plan shall show the following
information:
(a)
Proposed subdivision name or identifying title.
(b)
North point, scale and date.
(c)
Name of the owner of the property.
(d)
Name of the registered engineer, surveyor or architect responsible
for the plans.
(e)
Tract boundaries with bearings and distances.
(f)
Contours at vertical intervals of five feet or, in the case
of relatively level tracts, at such lesser interval as may be necessary
for satisfactory study and planning of the tract.
(g)
Datum to which contour elevations refer. Where reasonably practicable,
data shall refer to known, established elevations.
(h)
All existing watercourses, tree masses and other significant
natural features.
(i)
All existing buildings, sewers, water mains, culverts, petroleum
or petroleum product lines, fire hydrants and other significant man-made
features.
(j)
All existing streets on or adjacent to the tract, including
name, right-of-way width and pavement width.
(k)
All existing property lines, easements and rights-of-way and
the purpose for which the easements or rights-of-way have been established.
(l)
Location and width of all proposed streets, alleys, rights-of-way
and easements; proposed lot lines with approximate dimensions; and
playgrounds, public buildings, public areas and parcels of land proposed
to be dedicated or reserved for public use. Proposed streets shall
be named by the Mayor and Council.
(m)
Wherever practicable, the preliminary plan shall show the names
of owners of all abutting unplotted land and the names of all abutting
subdivisions.
(3)
Sketch of street layout. Where the preliminary plan covers only
a part of the subdivider's entire holdings, a sketch shall be
submitted of the prospective street layout for the remainder.
(4)
Proposed deed restrictions. Copies of the proposed deed restrictions,
if any, shall be attached to the preliminary plan.
(5)
Affidavit. The surveyor or engineer shall submit an affidavit
that the survey presented is a true and correct transit boundary and
topographic survey conducted on the site by that surveyor or engineer.
(6)
Preliminary grading plan. A preliminary grading plan of the
site shall be submitted with the preliminary plat submission.
(a)
Grading on slopes equal to or greater than 15% should be avoided
to the maximum extent practicable.
(b)
Any redevelopment of previously developed sites containing grades
equal to or greater than 15% should be limited to areas of the site
currently covered by impervious surfaces.
(c)
All vegetation, with the exception of invasive species, shall
be maintained on all slopes equal to or greater than 15% and for all
areas within 50 feet of watercourses and drainage swales.
B.
Final plan.
(1)
Legibility. The subdivision plan submitted for final approval shall
be a clear, legible white print of an ink drawing.
(2)
Plan scale and required information. Where necessary, final plans
may be drawn in two or more sections accompanied by a key diagram
showing relative location of the sections. The final plan shall be
at a scale of not more than 100 feet to one inch and shall include
the following information:
(a)
Subdivision name or identifying title.
(b)
North point, scale, and date.
(c)
Name of the record owner and subdivider.
(d)
Name and seal of the registered professional engineer or surveyor
responsible for the plan.
(e)
Boundaries of the tract.
(f)
Street lines, lot lines, rights-of-way, easements, and areas
dedicated or proposed to be dedicated to public use.
(g)
Sufficient data to determine readily the location, bearing and
length of every street, lot, and boundary line and to reproduce such
lines on the ground.
(h)
The length of all straight lines, radii, lengths of curves and
tangent bearings for each street.
(i)
All dimensions and angles or bearings of the lines of each lot
and of each area proposed to be dedicated to public use.
(j)
The proposed building setback line for each street.
(k)
Location and width of private driveways emanating from corner
lots.
(l)
All dimensions shall be shown in feet and in hundredths of a
foot.
(m)
Lot numbers or letters.
(n)
Names of streets within and adjacent to the subdivision.
(o)
Permanent reference monuments shall be shown and shall be as
specified by the City Engineer.
(p)
Wherever practicable, names of any adjoining subdivision shall
be shown.
(q)
Wherever practicable, names of the owners of any unplotted land
shall be shown.
(r)
Certificate of dedication of streets and other public property.
(s)
Certificate for approval by the Planning Board.
(3)
Accompanying documents. The final plan shall include thereon or be
accompanied by:
(a)
An affidavit that the applicant is the subdivider of the land
proposed to be subdivided.
(b)
Certification by the City Engineer that the installation of
water, sewer and street facilities is both practical and feasible.
(c)
Certification by the State Department of Health and/or Environmental Conservation when individual sewage disposal or water systems are to be installed as required by § 285-121, Subsection H(2) through (6) of this article.
(d)
Certification by the City Engineer that the subdivider has met the requirements of § 285-121H(1) of this article.
(e)
Protective covenants, if any, in form for recording.
(4)
The subdivider shall tender offers of cession, in a form certified
as satisfactory by the Corporation Counsel, of all land included in
streets, highways or parks, not specifically reserved by him or her,
but approval of the plan by the Planning Board shall not constitute
an acceptance by the City of the dedication of any street, highway
or park or other open public areas.
