Cohoes City Zoning Code
ARTICLE XIII
Subdivision of Land
§ 285-114 Short title.
These regulations shall be known and may be cited as the "Subdivision Regulations of the City of Cohoes."
§ 285-115 Scope and purpose.
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.
§ 285-116 Conflicts with state law.
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.
§ 285-117 Applicability.
The following procedures shall be observed by all subdividers.
§ 285-118 Submission of plans; general procedure.
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.
§ 285-119 Preliminary plan.
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.
§ 285-120 Final 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.
§ 285-121 Design standards and required improvements.
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.
(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.
§ 285-122 Plan requirements.
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.