§ 249-1 Authorization of plat approval by Planning Commission.
§ 249-2 Declaration of policy.
§ 249-3 Effect on statutory provisions.
§ 249-6 Application for approval required.
§ 249-7 Sketch plan approval.
§ 249-8 Minor subdivision approval.
§ 249-9 Preliminary plat approval for major subdivisions.
§ 249-10 Final plat approval for major subdivisions.
§ 249-12 Filing of approved plat.
§ 249-13 Public streets and recreation areas.
§ 249-14 Compliance to standards required.
§ 249-16 Layout of streets.
§ 249-19 Construction of sidewalks; responsibility for maintenance and assumption of liability.
§ 249-22 Open space; natural features.
§ 249-23 Contents of sketch plans.
§ 249-24 Contents and specifications of minor subdivision plats.
§ 249-25 Contents and accompanying data of major subdivision preliminary plats.
§ 249-26 Contents and accompanying data of major subdivision final plats.
§ 249-27 Variances and waivers.
Streets and sidewalks — See Ch. 247.
Naming and numbering of streets — See Ch. 250.
By authority of a resolution adopted by the Town of Rotterdam, pursuant to the provisions of Article 16 of the Town Law, and acts amendatory thereto, the Planning Commission has the power and authority to approve plats for subdivisions within the Town of Rotterdam.
It is hereby declared to be the policy of the Town of Rotterdam Planning Commission to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the town. 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. The proposed streets and development shall compose a convenient street system and shall be properly related to the Official Map and/or the Master Plan of the Town of Rotterdam as either may be adopted or accepted as guides for the future development of the town. 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. In proper cases, park area of suitable location, size and character for playground or other recreational purposes shall be shown on the subdivision plat and dedication of and/or fees in lieu of land may be required for public uses serving the subdivision.
Should any of these regulations conflict or be inconsistent with any provision of the Town Law, such provision of the Town Law shall apply.
In order that land may be subdivided in accordance with this policy, these regulations are hereby adopted.
A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
A street or a portion of a street with only one vehicular outlet and having a turning loop or similar arrangement at the closed end.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
A street which does not provide direct access to abutting properties and which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
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 comprehensive plan, prepared by the Planning Commission pursuant to Article 16 of the Town Law which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
A street intended to serve primarily as an access to abutting properties.
Any subdivision containing no more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or these regulations.
The map established by the Town Board pursuant to Article 16 of the Town Law, showing streets, highways and parks and drainage, both existing and proposed.
The Planning Commission of the Town of Rotterdam.
A drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in § 249-24 of these regulations, submitted to the Planning Commission for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Commission of the layout of the proposed subdivision.
A sketch of a proposed subdivision showing the information specified in § 249-22 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the layout and objectives of these regulations.
Includes streets, roads, avenues, lanes or other traffic ways, between right-of-way lines.
The width of right-of-way, 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 or others.
The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways and includes resubdivision.
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 Commission for approval, and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk or Registrar.
A duly designated engineer of the town.
Whenever any subdivision of land is proposed to be made, and before any contract for the sale of, or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the following procedures.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Chairman of the Planning Commission at least 10 days prior to the regular meeting of the Commission, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 249-22 for the purposes of classification and preliminary discussion.
The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
A determination is to be made at this time by the Planning Commission as to whether the proposed subdivision is a minor or major subdivision as defined in these regulations. The Commission may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with some or all of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 249-8 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures in §§ 249-9, 249-10 and 249-11.
Study of sketch plan. The Planning Commission shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Commission.
Application fee. An application fee for a sketch plan shall be affixed by the Rotterdam Town Board and designated in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
Within six months after classification of the sketch plan as a minor subdivision by the Planning Commission, the subdivider shall submit an application for approval of a minor subdivision plat. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Commission. Said application shall also conform to the requirements listed in § 249-23. Failure to comply with any of the above will require resubmission of the sketch plan to the Planning Commission for reconsideration, including the appropriate fee required under § 249-7D.
All applications for plot approval for minor subdivisions shall be accompanied by a fee established by the Rotterdam Town Board and designated in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
Administrative fees. The costs incurred for the review of an application by the Town Engineer, for consulting engineering fees or other consulting fees in conjunction with the Planning Board's review for a proposed application, including reviews required under the New York State Environmental Quality Review Act, shall be charged to the applicant. The Planning Board shall obtain an estimate from any designated consultant for an amount sufficient to defray the costs of such services. The applicant shall enter into an escrow agreement with the Town of Rotterdam, and said agreement shall be executed by the Rotterdam Town Supervisor, upon authorization from the Rotterdam Town Board and recommendation of the Rotterdam Planning Commission. The Rotterdam Town Attorney shall prescribe the terms and appropriate form of the escrow agreement. Any portion of the estimated charges so collected by escrow agreement which is not expended by the Town shall be returned to the applicant.
Number of copies. Three copies of the minor subdivision plat shall be presented to the Chairman of the Planning Commission at least 10 days prior to a scheduled monthly meeting of the Planning Commission.
Subdivider to attend Planning Commission meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the minor subdivision plat.
When officially submitted. The time of submission of the minor subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 249-23 of these regulations, has been filed with the Secretary of the Planning Commission.
Public hearing. A public hearing shall be held by the Planning Commission within 30 days from the time of submission of the minor subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing.
Action on minor subdivision plat. The Planning Commission shall, within 45 days from the date of the public hearing, approve, modify and approve or disapprove the minor subdivision plat.
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 249-24 of this regulation. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Article 16 of the Town Law and § 249-24 of these regulations, except where a waiver may be specifically authorized by the Planning Commission.
Application fee. The application for conditional approval of the preliminary plat shall be accompanied by a fee, per lot, as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
Number of copies. Eight copies of the preliminary plat, stamped "PRELIMINARY PLAT" shall be presented to the Chairman of the Planning Commission at least 10 days prior to a regular monthly meeting of the Planning Commission.
Subdivider to attend Planning Commission meeting. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the preliminary plat.
Study of preliminary plat. The Planning Commission shall study the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided and the timing of such development. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, the preservation of existing design features and the requirements of the Master Plan, the Official Map (if any), zoning regulations and the development of an attractive and convenient neighborhood.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by § 249-24 of these regulations, has been filed with the Chairman of the Planning Commission.
Action on preliminary plat. Such a preliminary plat shall be clearly marked "preliminary plat" and shall conform to the definition provided in Town Law § 276, Subdivision 4. The Planning Commission shall approve, approve with conditions or disapprove the preliminary plat in accordance with the procedures set forth in Town Law § 276, Subdivision 5.
Application for approval. The subdivider shall, within six months after the conditional approval of the preliminary plat, file with the Planning Commission an application for approval of the subdivision plat in final form, using the approved application blank available from the Building Inspector/Code Enforcement Officer. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Planning Commission may require resubmission of the preliminary and final plats.
Number of copies. A subdivider intending to submit a proposed subdivision plat for the approval of the Planning Commission shall provide the Chairman of the Commission with a copy of the application and eight copies of the plat, the original and one true copy of all offers of cession, covenants and agreements, and two prints of all construction drawings, at least 10 days in advance of the regular monthly Planning Commission meeting at which it is to be officially submitted.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Commission, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by all data required by § 249-25 of these regulations, has been filed with the Chairman of the Planning Commission. In addition, if the applicant elects to construct any or all required improvements [as specified in § 249-11A(2)], the Town Engineer must file a certificate with the Planning Commission stating that these improvements have been satisfactorily installed before the subdivision plat shall be considered officially submitted.
Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be endorsed and approved by the Town Engineer. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary town, county and state agencies. Endorsement and approval by the New York State Department of Health (pursuant to Public Health Law § 115 et seq.), the New York State Department of Transportation (pursuant to Highway Law § 52 where a subdivision opens onto a state highway), the New York State Department of Environmental Conservation (pursuant to current requirements) and the County of Schenectady (where a subdivision opens onto a county highway) shall be secured by the subdivider before the signature of the officer authorized by the Planning Commission may be affixed to the subdivision plat drawing.
Editor's Note: See now Public Health Law § 1120 et seq.
Submission of final plats. Final plats shall conform to the definition provided by this section.
Final plats which are in substantial agreement with approved preliminary plats. When a final plat is submitted which the Planning Board deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Planning Board shall by resolution conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Clerk of the Planning Board.
Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if no hearing is held on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
If such Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.
Planning Board not as lead agency; public hearing; notice; decision.
Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the final plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement, or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on the final plat.
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
Editor's Note: Amended at time of adoption of Code, see Ch. 1, Art. I.
The Planning Commission may have prepared by qualified professional staff or consultant, prior to approval of any proposed major subdivision plat, a cost-benefit analysis of the development pattern, including but not limited to the total public cost of projected services and the private contribution from the projected project, including tax revenue.
Editor's Note: Original Subsection G, Action on Proposed Subdivision Plat, which immediately followed this subsection, was repealed 4-5-1978.
In an amount set by the Planning Commission, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the subdivider shall file with the Town Clerk an irrevocable standby letter of credit to cover the full cost of the required improvements. Any such irrevocable standby letter of credit shall comply with the requirements of Article 16 of the Town Law and shall be satisfactory to the Town Attorney, the Town Engineer and the Superintendent of Highways as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Commission may determine appropriate, not to exceed three years, shall be set forth in the irrevocable standby letter of credit, within which required improvement must be completed.
The subdivider shall complete all required improvements to the satisfaction of a Town Engineer, the Town Superintendent of Highways and the Town Attorney who shall file with the Planning Commission a letter signifying the satisfactory completion of all improvements required by the Commission. For any required improvements not so completed, the subdivider shall file with the Town Clerk an irrevocable standby letter of credit covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such irrevocable standby letter of credit shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety. The dedication of a street or highway for public purposes shall be made in accordance with the Town Law, the Highway Law of the State of New York and the Town Code of the Town of Rotterdam.
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer, the Town Superintendent of Highways and the Town Attorney and a map satisfactory to the Planning Commission has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Commission officer. However, if the subdivider elects to provide an irrevocable standby letter of credit or certified check for required improvements as specified in Subsection A(1), such irrevocable standby letter of credit shall not be released until such a map is submitted.
In addition to the limitations imposed by Subsection A(3) above, the Planning Commission may require that any street improvement provided under Subsection A(1) is of satisfactory quality by stipulating a portion of the bond to be held until 12 months following installation of such facilities.
Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer, the Town Superintendent of Highways and the Town Attorney that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer, the Town Superintendent of Highways and the Town Attorney may, upon the approval of the Planning Commission, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Commission's approval and do not extend to a waiver or substantial alteration of the function of any improvements required by the Commission. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Commission at its next regular meeting.
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Engineer and the Town Superintendent of Highway, in writing, of the time when he proposed to commence construction of such improvements so that said officials may arrange for inspections to be made to assure that all specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Commission.
Inspection fees. The Town Engineer may designate a consulting engineer and/or additional staff personnel to facilitate inspection of all required improvements. The subdivider shall be responsible for all fees associated with inspection of required improvements. The Town Engineer shall obtain an estimate from any designated consultant in an amount sufficient to defray the costs of such services. The subdivider shall enter into an escrow agreement with the Town of Rotterdam, and said agreement shall be executed by the Rotterdam Town Supervisor, upon authorization by the Rotterdam Town Board and recommendation from the Town Engineer. The Rotterdam Town Attorney shall prescribe the terms and appropriate form of the escrow agreement. Any portion of the estimated charges so collected by escrow agreement which is not expended by the Town shall be returned to the applicant.
Proper installation of improvements. If the Town Engineer or the Town Superintendent of Highways finds, upon inspection of the improvements performed before the expiration date of the irrevocable standby letter of credit, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector/Code Enforcement Officer and Planning Commission. The Town Board then shall notify the subdivider and, if necessary, the surety and take all necessary steps to preserve the town's rights under the irrevocable standby letter of credit. No plat shall be approved by the Planning Commission as long as the subdivider is in default on a previously approved plat.
Final approval and filing. The signature of the Chairman of the Planning Commission constituting final approval by the Planning Commission of a plat showing lots, blocks or sites, with or without streets or highways or the approval by such Commission of the development of a plat or plats are located if such plats are entirely or partially undeveloped, or the certificate of the Town as to the date of the submission of the final plat and the failure of the Planning Commission to take action thereon within the time prescribed, shall expire within 62 days from the date of such approval, or from the date such certificate is issued unless within such sixty-two-day period, such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the County Clerk. In the event the owner shall file only a section of such approved plat in the office of the County Clerk, the entire approved plat shall be filed within 30 days of the filing of each section with the Town Clerk. Such section shall encompass at least 10% of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Town Law § 265-a Subdivision 2.
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Commission endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Commission and such Commission approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
Public acceptance of streets. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such subdivision plat.
Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Planning Commission shall require the plat to be endorsed with appropriate notes to this effect. The Planning Commission may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
In considering applications for subdivision of land, the Planning Commission shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Commission only under circumstances set forth in § 249-26 herein.
Character of land. 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, erosion, slippage or other menace.
Conformity to Official Map and Master Plan. Subdivisions shall conform to the Official Map (if any) of the Town and shall be in harmony with the Master Plan.
Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications which may be obtained from the Town Engineer.
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform to the Master Plan, and to accommodate the prospective traffic and afford access for fire-fighting, snow-removal and road-maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.
The arrangement of streets in the subdivision shall provide for the continuation of principal streets of any adjoining subdivision, and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public service such as sewers, water and drainage facilities. Where, in the opinion of the Planning Commission, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
Subdivisions containing 20 lots or more shall have at least two street connections with existing collector streets or streets on an approved subdivision plat for which a bond has been filed.
Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
Editor's Note: Sketch A of the Subdivision Design Details is included at the end of this chapter.
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Commission may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
Dead-end streets. The creation of cul-de-sac or loop residential streets will be encouraged wherever the Commission finds that such type of development will not interfere with normal traffic circulation in the area. In the case of such streets, where needed or desirable, the Commission may require the reservation of a ten-foot-or-wider easement to provide for continuation of pedestrian traffic and utilities to the next street.
Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Commission may require the reservation of a ten-foot-or-wider easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a paved footpath be included.
Intersections with collector, major (arterial) streets or roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
Editor's Note: Sketch B of the Subdivision Design Details is included at the end of this chapter.
Editor's Note: Sketch C of the Subdivision Design Details is included at the end of this chapter.
Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property.
Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Commission may require a street approximately parallel to such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
Widths of rights-of-way and street pavements. Each Town right-of-way shall have a minimum width of 60 feet. The minimum pavement width of each street shall be 30 feet.
Required street improvements. Required street improvements shall meet standards established and published by the Town Engineer and the Town Superintendent of Highways. These include provisions for grading, subbase, wearing surface, construction methods, cold weather regulations and other standards.
Street drainage. Street and road culverts, headwalls or other appurtenances shall be installed by the developer where necessary. Where there is no natural stream or watercourse for the drainage of surface water from the proposed street or road, the developer shall secure rights-of-way and install stormwater drains to a natural waterway or as a Town Engineer directs. All street storm and sanitary sewers shall be constructed according to the grades on the plat submitted at the public hearing.
The Planning Commission shall require that underground utilities be placed in the street right-of-way between the street pavement and street right-of-way line wherever possible, to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections in the street to the property line of each lot within the subdivision for such required utilities before the street is paved. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.
Electric and telephone service shall be underground except that major electrical transmission lines may be placed on utility right-of-way at least 150 feet from any street except where such street is crossed at no less than a seventy-five-degree angle.
Real property developers shall be required to install in the streets underground conduits for gas service, electric service and telephone service at their own expense, which shall be installed prior to the acceptance of street or their installation should be secured by a performance bond or deposit of other security. This regulation shall be enacted upon all major subdivisions of more than four lots.
Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements may be cleared or graded and shall be part of the subdivision open space plan.
Alignments for major overhead utility lines shall be reviewed and provided for in such a manner as to minimize detrimental impact on the development and surrounding area.
Grades of all streets shall conform in general to the terrain, and shall be not less than 1/2 nor more than 8% for collector, or 10% for minor streets in residential areas, but in no case more than 3% within 50 feet of any intersection.
All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance.
A combination of steep grades and curves shall be avoided.
Curves and visibility at intersections.
Editor's Note: Sketch D of the Subdivision Design Details is included at the end of this chapter.
In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at 30 feet distant from the point of intersection shall be cleared of all growth, except isolated trees, and obstructions more than three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
Culs-de-sac. Where cul-de-sac streets are designed to be so permanently, they should, in general, not exceed 500 feet in length, and shall terminate in a circular turnaround having a minimum right-of-way radius of 60 feet and pavement radius of 50 feet. At the end of temporary dead-end streets, a temporary turnaround with a pavement radius of 50 feet shall be provided unless the Planning Commission approves an alternate arrangement.
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Engineer.
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Engineer, and in no case less than 20 feet in width.
Editor's Note: Sketch E of the Subdivision Design Details is included at the end of this chapter.
Reserve strips prohibited. Reserve strips of land, to be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself shall be prohibited.
Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Commission to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district.
All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Commission. In general, streets shall have names and not numbers or letters. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90º without a change in street name.
Editor's Note: See also Ch. 250, Naming and Numbering of Streets.
As part of any subdivision approval, the Planning Commission is authorized to require the construction of sidewalks built to specifications adopted by the Department of Public Works. Construction of any such sidewalk shall be the responsibility of the property owner. Maintenance of any such sidewalk shall be the responsibility of the property owner and it shall be maintained to the level of specifications as adopted by the Department of Public Works. Any and all liability for any action related to such sidewalks shall be the responsibility of the property owner.
Any subdivision map requiring construction of sidewalks pursuant to this section shall contain a note that states: "Construction, maintenance and liability for sidewalks appearing on this map shall be governed by Rotterdam Town Code § 249-19 and all specifications adopted pursuant to said section."
Sidewalks shall be maintained pursuant to Town specifications. Failure to maintain sidewalks constructed pursuant to this section shall result in a fine of up to $250 or 15 days in jail, or both. Enforcement of this section shall be by the Building Inspector/Code Enforcement Officer upon written complaint.
Lot size. All lots shall have area and width equal to minimum requirements of the zoning regulations, if any, and New York State Department of Health regulations (pursuant to Public Health Law § 1115 and following) applying to the district in which they are located. Larger lots may be required if necessary to carry out the purposes of this regulation.
Side lines. Side lines of lots shall be approximately at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.
Corner lots. In general, corner lots should be larger than interior lots to provide a desirable building site with proper building setback from each street.
Driveway access. Driveway grades between the street and the setback line shall not exceed 7%.
Access from private streets. Lots on private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations unless overall design is improved by an alternative.
Monuments and lot corner markers. Permanent monuments meeting specifications approved by the Town Engineer as to size, type and installation, shall be set at such block corners, angle points, points of curves in streets and other points as the Town Engineer may require, and their location shall be shown on the subdivision plat.
Adequate storm drainage systems shall be required in all subdivisions. The drainage system shall be designed by a person licensed to perform such work.
Removal of spring and surface water. Any spring or surface water that may exist either previous to, or as a result of, the subdivision shall be carried away by pipe or open ditch. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width.
Drainage structure to accommodate potential development upstream. A culvert of other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside of the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by the Zoning Ordinance in the watershed. The cost of a culvert or other drainage facility in excess of that required for the particular subdivision may be deemed to be the responsibility of the town, or may be prorated among the upstream property owners and access when upstream land is subdivided.
Responsibility from drainage downstream. The subdivider's engineer shall also study and report on the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; and this report shall be reviewed by the Town Engineer. When it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, the Planning Commission shall notify the Town Board of such potential condition. In such case, the Planning Commission shall not approve the subdivision until provision has been made for the improvement of said condition.
Land subject to flooding. Land subject to flooding or land deemed by the Planning Commission to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Commission to remedy said hazardous conditions.
Drainage plan. All subdividers shall present an individual lot drainage plan for each lot in their proposed subdivision. Such plan shall be used in the grading of lots before a certificate of occupancy is granted, as required by the Zoning Ordinance. No roof leaders or footing drains which carry stormwater will be permitted to use a sanitary sewer nor a so-called dry well in an area where the dominant soil is hardpan, but shall be adequately disposed of upon the ground surface.
Curbs and gutters. Concrete or store curbs and satisfactory gutters and storm drains shall be provided to carry snow and rain runoff from street surfaces along which sidewalks are required.
The Planning Commission shall require that the plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose in the vicinity of the subdivision. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in the subdivision, the Commission shall require that such area or areas be shown on the plat in accordance with the requirements specified above. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication.
Existing features, such as brooks, ponds, clusters of trees, rock outcrops and structures.
Existing and, if applicable, proposed changes in grade and contours of said area and of area immediately adjacent.
The subdivider shall provide recreation areas sufficient to meet standards established by the Town Master Plan.
Waiver of plat designation of area for parks and playgrounds.
In cases where the Planning Commission finds that, due to the size, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein or, in the opinion of the Commission, it is not desirable, the Commission may waive the requirements that the plat show land for such purposes. The Commission may then require as a condition to approval of the plat a payment to the Town as affixed by the Rotterdam Town Board and designated in Chapter 126 of the Town Code, entitled "Fees," which otherwise would have been acceptable as a recreation site, as determined by the standards set forth in § 249-22A(1).
Such amount shall be paid to the Town of Rotterdam at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Commission until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes and is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies and shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situate, provided that the Planning Commission finds that there is a need for such improvements.
The Commission may then require as a condition of approval of the plat for each major or minor subdivision a payment to the Town of fees as prescribed in § 249-22A(2)(a) in lieu of land dedication under this section.
Preservation of natural features. The Planning Commission, shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more as measured three feet above the base of the trunk shall be removed unless such tree is within the right-of-way of a street as shown on the final subdivision plat or individual house sites and driveways. Removal of additional trees shall be subject to the approval of the Planning Commission.
The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection.
All roads, structures, wooded areas, streams, utilities and other physical features within the portion to be subdivided and within 100 feet thereof, including those covered by § 249-22B. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet.
The name of the owner and all adjoining property owners as disclosed by the most recent municipal tax records.
The tax map sheet, block and lot numbers, if any.
The proposed pattern of lots, including lot width and depth, street layout, recreation areas, systems of drainage, sewerage and water supply (see §§ 249-24 and 249-25 below) within the subdivided area.
All existing restrictions on the use of land, including easements, covenants, zoning districts and land reserved on Town or County Official Maps (if any).
A copy of such covenants or deed restrictions intended to cover all or part of the tract.
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments as approved by the Town Engineer, and shall be referenced and shown on the plat.
All on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the New York State Department of Health, and a note to this effect shall be stated on the plat and signed by a licensed engineer.
Proposed subdivision name, and "Rotterdam, Schenectady County."
The date, North point, map scale, name and address of record owner and subdivider.
A stormwater pollution prevention plan (SWPPP) consistent with § 270-215 shall be required.
The plat to be filed with the County Clerk shall be printed upon linen tracing cloth or suitable substitute and be clearly drawn in India ink. The size of the sheet shall conform to the County Clerk's standards.
Proposed subdivision name, "Rotterdam, Schenectady County," date, true North point, scale, name and address of record owner, subdivider and engineer or surveyor, including license number and seal.
The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent unsubdivided property.
Zoning district, including exact boundary lines of district, if more than one district and any proposed changes in the zoning district lines and/or the Zoning Ordinance text applicable to the area to be subdivided.
Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.
Location of existing sewers, water mains, culverts and drains on and adjacent to the property, with pipe sizes, grades and direction of flow.
Contours, with intervals of five feet or less, as required by the Commission, including elevations on existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
The width and location of any streets or public ways or places shown on the Official Map (if any) or the Master Plan within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
The approximate location and size of all proposed water lines, valves, hydrants and sewer lines and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law. Profiles of all proposed water and sewer lines.
Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of disposal.
Plans and cross sections showing the proposed location and type of sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, basins and underground conduits.
Profiles of proposed streets with existing elevations every 50 feet and street grades shown.
Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, and which shall provide satisfactory access to a public highway or public open space shown on the subdivision of the Official Map (if any).
An actual field survey of the boundary lines of the tract, giving complete description data by bearings and distances, made and certified to by a licensed land surveyor. The tract corners shall also be located on the ground and marked by substantial monuments of such size and type as are approved by the Town Engineer, and shall be referenced and shown on the plat.
If the application covers only a part of the subdivider's entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider's entire holding submitted shall be considered in the light of the entire holdings.
A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
The plat to be filed with the County Clerk shall be printed upon linen tracing cloth or suitable substitute and be clearly drawn in India ink. The size of the sheets shall conform to Town standards. The plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the North point at the top of the map. When more than one sheet is required, a key map or an additional index sheet of the same size, shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible.
Proposed subdivision name or identifying title and "Rotterdam, Schenectady County," the name and address of record owner and subdivider, name, license number and seal of the licensed land surveyor.
Street lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
Sufficient data acceptable to the Town Engineer to determine readily the location, bearing and length of every street line, lot line, boundary line and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates, and in any event should be tied to reference points previously established by a public authority.
The length and bearing of all straight lines, radii, length of curves and central angles of all curves and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and inches. The plat shall show the boundaries of the property, location, graphic scale and true North point.
The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the manner in which such areas are to be used and maintained and the provisions made therefor.
All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice.
Permanent reference monuments shall be shown, and shall be constructed in accordance with specifications of the Town Engineer. When referenced to the state system of plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineer and their location noted and referenced upon the plat.
All lot corner markers shall be at least 3/4 inch, if metal, in diameter and at least 24 inches in length, and permanently located in the ground to existing grade in a manner satisfactory to the Town Engineer.
Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided; and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.
Construction drawings, including plans, profiles and typical cross sections, as required, showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins and other facilities.
Where the Planning Commission finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map (if any), the Master Plan, or the Zoning Ordinance.
Where the Planning Commission finds that, due to the special circumstances of a particular plat, the provisions of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions.
In granting variances and modifications, the Planning Commission shall require such conditions as will, in its judgment secure substantially the objectives of the standards or requirements so varied or modified.
Waiver for lot line amendments.
The resultant lots are equal to or exceed the minimum zoning requirements or do not make any existing nonconforming lot more nonconforming.
To request such waiver, the applicant shall complete a boundary line adjustment application, submit a sketch plan in accordance with this chapter, pay the required application fee and submit a narrative explaining the proposed boundary line adjustment for Planning Board review.
If the waiver is granted, the applicant shall file a surveyed map of the subdivision with the Department of Public Works in accordance with this chapter. The Planning Board Chairman shall be authorized to sign the final map for filing with the Schenectady County Clerk's office.
If the Planning Commission denies the request for a waiver, the applicant must proceed with the submission requirements to the Planning Board, as outlined in this chapter, which shall initiate a full subdivision review.
Editor's Note: Application Form Nos. 1 through 4, which were included at the end of this chapter and were obsolete, were repealed 11-12-2008 by L.L. No. 12-2008.