A.
General procedures.
(1)
Whenever any subdivision or re-subdivision of land in the City is
proposed, the subdividing owner, or his authorized agent, shall apply
for, and secure final approval of, such proposed subdivision before
any contract for the sale of any part thereof is made and before any
permit for the erection of a structure in such proposed subdivision
shall be granted on any new lot. Approval of a proposed subdivision
shall be obtained in accordance with the procedures specified in this
article.
(2)
Whenever a time limit is specified in this chapter, the Board may
extend the limit upon request by the owner provided the Board is legally
empowered to do so.
(3)
At the discretion of the applicant, the subdivision process may be
initiated at any one of the three levels: sketch plan, preliminary
or final.
(4)
For all proposed subdivisions within RR and SR-1 districts, conservation subdivision is required (see Article IV, Conservation Subdivision). For all proposed subdivisions within UR-1 and SR-2, cluster subdivision is available as an option at the discretion of the applicant (see Article IV, § 241-13, Cluster development).
B.
Sketch plan review.
(1)
Submission of sketch plan. Any owner of land may, prior to applying
for subdivision approval, submit to the Board, at least 21 days prior
to the regular meeting of the Board, 12 copies of a sketch plan of
the proposed subdivision for purposes of preliminary discussion. The
submission of a sketch plan is a preapplication procedure available
to a prospective subdivider for an informal discussion of the proposed
subdivision at a conceptual level for the purpose of seeking advice
and direction.
(2)
All applications for sketch plan review are subject to the fees set
forth in Appendix A.[1] The applicant shall be responsible for all planning and
engineering project review fees as may be established from time to
time by the Saratoga Springs City Council.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
(3)
Discussion of requirements. The applicant, or his duly authorized
representative, shall attend the meeting of the Board to discuss the
requirements of this chapter for street improvements, grading, drainage,
sewerage, water supply, fire protection, and similar aspects, as well
as the availability of existing services and other pertinent information.
Discussion of the sketch plan shall conclude with a recommendation
to proceed with a preliminary, or final subdivision plat application
or to modify the sketch plan for further discussion before proceeding
to the next application step.
(4)
Except for unusual circumstances the applicant will be limited to
two preapplication discussions before the Board.
C.
Preliminary subdivision application procedure.
(1)
Prior to the filing of an application for the final approval of a
subdivision plat the applicant may file an application for preliminary
subdivision. Such a preliminary subdivision plat shall be clearly
marked "Preliminary plat" and shall contain the form prescribed in
Appendix C.[2] The preliminary plat shall, in all respects, comply with the requirements of Article III, § 241-8, as set forth in this chapter.
[2]
Editor's Note: Said appendix is included at the end of this chapter.
(2)
Fees. Applicants for preliminary subdivision plat approval shall
submit a fee as established by resolution of the City Council.
(3)
Number of copies. Applicants for preliminary approval shall file
12 complete copies of a subdivision application to the City Planning
Office in City Hall on behalf of the Board at least 21 days prior
to a regular meeting of the Board. In order to be complete an application
must contain the items listed on the Completeness Checklist in Appendix
D.[3] The Chairperson of the Board or the designated staff has
the right to reject any application submitted if it fails to meet
the minimum submittal requirements.
[3]
Editor's Note: Said appendix is included at the end of this chapter.
(4)
Applicant's attendance at the Board meeting. Once determined
to be complete, the filed application will be placed on the agenda
of the Board. The applicant, or his duly authorized representative,
shall attend the meeting of the Board to discuss the preliminary subdivision
plat. If the applicant, or his/her designee, fails to appear, the
Board may either continue the application to the next meeting or issue
a determination that the application has been withdrawn.
(5)
Official submittal date. The official time of submission of the preliminary
subdivision plat shall be the date of the determination relating to
the SEQRA assessment as made by the Board.
(6)
A preliminary subdivision plat shall not be considered for a decision
until a negative declaration has been filed or until a notice of a
complete DEIS has been filed in accordance with SEQRA. The time periods
for review of such a preliminary subdivision plat shall begin upon
the date of filing of such a negative declaration or notice of completeness.
(7)
Coordination with SEQRA.
(a)
Planning Board as lead agency under SEQRA.
[1]
The public hearing time frame within which the Board shall hold
a public hearing on the preliminary subdivision plat shall be coordinated
with any hearings the Board may schedule in accord with SEQRA.
[a]
If the Board determines that preparation of a DEIS is not required,
the public hearing on the preliminary subdivision plat shall be held
within 62 days of the official submittal date.
[b]
If the Board determines that preparation of a DEIS is required,
and a public hearing on the DEIS is held, the public hearing on the
preliminary subdivision plat and the DEIS shall be held jointly within
62 days after the filing of the notice of completion of the DEIS in
accordance with the provisions of SEQRA. If no public hearing is held
on the DEIS, the public hearing on the preliminary subdivision plat
shall be held within 62 days of the filing of the notice of completion
of the DEIS.
[2]
Public hearing notice.
[a]
The Planning Board shall advertise the hearing in a Saratoga
Springs newspaper of general circulation 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
applicant shall be responsible for payment for this notice. Prior
to the hearing, the applicant shall be responsible for filing with
the Planning Board an affidavit from the newspaper confirming such
publication and payment. The prescribed form is in Appendix B of this
chapter.[4]
[4]
Editor's Note: Said appendix is included at the end of this chapter.
[b]
The applicant shall obtain from the City the names and addresses
of property owners within a two-hundred-fifty-foot geographic radius
from the applicant's subject property boundary.
[c]
The applicant shall receive from the Planning Board a property
owner notification notice and shall send only this notice to the identified
property owners by first-class mail. This notice shall be postmarked
no less than seven days but not more than 20 calendar days prior to
the scheduled hearing.
[d]
Prior to the public hearing, the applicant shall submit to the
Planning Board confirmation of the property owner notification by
obtaining a certificate of mailing from the U.S. Postal Service.
[e]
Failure to provide notice in exact conformance with these provisions
shall not invalidate a Planning Board determination provided the Planning
Board finds that substantial compliance has occurred and the public
has been fairly apprised of the fundamental character of the proposed
action.
[3]
Public hearing length. The hearing on the preliminary subdivision
plat shall be closed upon motion of the Board within 120 days after
it has been opened, unless additional time is granted by the applicant.
(b)
Planning Board not as lead agency under SEQRA;
[1]
Public hearing time frame. The Board shall, with the agreement
of the lead agency, hold the public hearing on the preliminary subdivision
plat jointly with the lead agency's hearing on the DEIS. Failing
such agreement, or if no public hearing is held on the DEIS, the Board
shall hold the public hearing on the preliminary subdivision plat
within 62 days of the official submittal date.
[2]
Public hearing notice.
[a]
The Planning Board shall advertise the hearing in a Saratoga
Springs newspaper of general circulation 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
applicant shall be responsible for payment for this notice. Prior
to the hearing, the applicant shall be responsible for filing with
the Planning Board an affidavit from the newspaper confirming such
publication and payment.
[b]
The applicant shall obtain from the City the names and addresses
of property owners within a two-hundred-fifty-foot geographic radius
from the applicant's subject property boundary.
[c]
The applicant shall receive from the Planning Board a property
owner notification notice and shall send only this notice to the identified
property owners by first-class mail. This notice shall be postmarked
no less than seven days but not more than 20 calendar days prior to
the scheduled hearing.
[d]
Prior to the public hearing, the applicant shall submit to the
Planning Board confirmation of the property owner notification by
obtaining a certificate of mailing from the U.S. Postal Service.
[e]
Failure to provide notice in exact conformance with these provisions
shall not invalidate a Planning Board determination provided the Planning
Board finds that substantial compliance has occurred and the public
has been fairly apprised of the fundamental character of the proposed
action.
[f]
The Board shall mail notices of the hearing to the parties and
to the Regional State Park Commission having jurisdiction over any
state park or parkways within 500 feet of the property affected by
such application, at least five days prior to the hearing.
[3]
The hearing on the preliminary subdivision plat may be closed
upon motion of the Board within 120 days after it has been opened
unless agreed to by the applicant.
(8)
County Planning Agency review.
(a)
When a preliminary subdivision plat is not required, and prior
to taking action on such a final subdivision plat application of real
property as specified in § 239-m of the General Municipal
Law, the Board shall make referrals to the County Planning Agency
or, in the absence of such agency, to a metropolitan or regional agency
having jurisdiction in accordance with §§ 239-l and
239-m of the General Municipal Law.
(b)
If within 30 days after receipt of a full statement of such
referred matter, the County Planning Agency to which referral is made,
or an authorized agency of said agency disapproves the proposal or
recommends modification thereof, the Board shall not act contrary
to such disapproval or recommendation except by a vote of a majority
plus one of all the members thereof and after a decision fully setting
forth the reasons for such contrary action and shall transmit said
decision to the County Planning Agency within seven days. The Chairperson
shall read the report of the County Planning Agency at the public
meeting on the matter under review.
(c)
If the County Planning Agency fails to report within such period
or such longer period as may have been agreed upon by it and the referring
agency, the Board may act without such report.
(9)
Decisions on applications for preliminary subdivision plat, Planning
Board as lead agency are as follows:
(a)
If the preparation of an environmental impact statement is not
required, the Board shall make its decision within 62 days after the
close of the public hearing on the preliminary subdivision plat and
shall conditionally approve, with or without modification, disapprove,
or grant approval of the preliminary subdivision plat.
(b)
If an environmental impact statement is required, and a public
hearing is held on the DEIS, the FEIS shall be filed within 45 days
following the close of the public hearing on the DEIS in accordance
with SEQRA. If no public hearing is held on the DEIS, the FEIS shall
be filed within 45 days following the close of the public hearing
on the preliminary plat. Within 30 days of the filing of the FEIS,
the Board shall issue findings on the FEIS and shall conditionally
approve, with or without modification, disapprove, or grant approval
of the preliminary subdivision plat.
(10)
Decisions on applications for preliminary subdivision plat,
Planning Board not as lead agency are as follows:
(a)
If the preparation of an environmental impact statement on the
preliminary plat is not required, the Board shall make its decision
within 62 days after the close of the public hearing on the preliminary
subdivision plat.
(b)
If an environmental impact statement is required, the Board
shall make its own findings and its decision on the preliminary subdivision
plat within 62 days after the close of the public hearing on the preliminary
subdivision plat or within 30 days of the adoption of the findings
by the lead agency, whichever period is longer.
(11)
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Board. When approving a preliminary subdivision plat, the Board shall state in writing any modifications it deems necessary for submission in the application of the final subdivision plat. When denying a preliminary subdivision plat, the Board shall relate the reasons for denial to Article 1, § 2, the "purpose and policy" section of this chapter.
(12)
Certification and filing of the preliminary subdivision plat.
Within five business days of the adoption of the decision granting
approval of the preliminary subdivision plat, such plat with modifications,
if any, as specified by the Board shall be certified by the Clerk
of the Board as having granted preliminary plat approval and a copy
of the plat and decision shall be filed in the City Planning Office
in City Hall.
(13)
Revocation of approval on preliminary subdivision plat. Within
six months of the approval of the preliminary plat the owner must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Planning Board.
D.
Final subdivision application procedure.
(1)
An application for final subdivision plat approval is required for
the lawful division of a tract or parcel of land. Applications for
final subdivision are accepted under the following circumstances:
(2)
Such final plat shall be clearly marked "Final Plat" and shall contain
the form prescribed in Appendix C.[5] The final plat shall, in all respects, comply with:
(b)
The conditions, if any, as specified in the approving decision
for the preliminary subdivision plat.
[5]
Editor's Note: Said appendix is included at the end of this chapter.
(3)
Fees. Applicants for final subdivision plat approval shall submit
a fee as established by resolution of the City Council.
(4)
Number of copies. Applicants for final subdivision plat approval
shall file 12 complete copies of a preliminary subdivision plat application
to the City Planning Office in City Hall on behalf of the Board at
least 21 days prior to a regular meeting of the Board. In order to
be complete an application must contain the items listed in on the
Completeness Checklist in Appendix E.[6] The Chairperson of the Board or designated staff has the
right to reject any application submitted if it fails to meet the
minimum submittal requirements.
[6]
Editor's Note: Said appendix is included at the end of this chapter.
(5)
Applicant's attendance at Planning Board meeting. Once determined
to be complete, the filed application will be placed on the agenda
of the Board. The applicant, or his duly authorized representative,
shall attend the meeting of the Board to discuss the final subdivision
plat.
(6)
Official submittal date. The official time of submission of the final
subdivision plat shall be the date of determination relating to the
SEQRA assessment as made by the Board.
(7)
When a preliminary subdivision plat is not required, a final subdivision
plat shall not be considered for a decision until a negative declaration
has been filed or until a notice of a complete DEIS has been filed
in accordance with SEQRA. The time periods for review of such a final
subdivision plat shall begin upon the date of filing of such a negative
declaration or notice of completeness.
(8)
Final subdivision plats, deemed by the Board not to be in substantial agreement with preliminary subdivision plats approved pursuant to Article II, § 241-5, Subsection C, or, when a preliminary subdivision plat application is not submitted, the following shall apply:
(a)
Coordination with SEQRA and compliance with Article 8 of the New York State Environmental Conservation Rules and Regulations, Title 6 of the NYCRR.
[1]
Planning Board as lead agency under SEQRA.
[a]
The public hearing time frame within which the Board shall hold
a public hearing on the final subdivision plat shall be coordinated
with any hearings the Board may schedule in accord with SEQRA.
[b]
If the Board determines that preparation of a DEIS is not required,
the public hearing on the final subdivision plat shall be held within
62 days of the official submittal date.
[c]
If the Board determines that preparation of a DEIS is required,
and a public hearing on the DEIS is held, the public hearing on the
final subdivision plat and the DEIS shall be held jointly within 62
days after the filing of the notice of completion of the DEIS in accordance
with the provisions of SEQRA. If no public hearing is held on the
DEIS, the public hearing on the final subdivision plat shall be held
within 62 days of the filing of the notice of completion.
[d]
Public hearing notice.
[i]
The Planning Board shall advertise the hearing in a Saratoga
Springs newspaper of general circulation 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
applicant shall be responsible for payment for this notice. Prior
to the hearing, the applicant shall be responsible for filing with
the Planning Board an affidavit from the newspaper confirming such
publication and payment.
[ii]
The applicant shall obtain from the City the names and addresses
of property owners within a two-hundred-fifty-foot geographic radius
from the applicant's subject property boundary.
[iii]
The applicant shall receive from the Planning Board a property
owner notification notice and shall send only this notice to the identified
property owners by first-class mail. This notice shall be postmarked
no less than seven days but not more than 20 calendar days prior to
the scheduled hearing.
[iv]
Prior to the public hearing, the applicant shall submit to the
Planning Board confirmation of the property owner notification by
obtaining a certificate of mailing from the U.S. Postal Service.
[v]
Failure to provide notice in exact conformance with these provisions
shall not invalidate a Planning Board determination provided the Planning
Board finds that substantial compliance has occurred and the public
has been fairly apprised of the fundamental character of the proposed
action.
[e]
Public hearing length. The hearing on the final subdivision
plat shall be closed upon motion of the Board within 120 days after
it has been opened.
[2]
Planning Board not as lead agency under SEQRA.
[a]
Public hearing time frame. The Board shall, with the agreement
of the lead agency, hold the public hearing on the final subdivision
plat jointly with the lead agency's hearing one the DEIS. Failing
such agreement or if no public hearing is held on the DEIS, the Board
shall hold the public hearing on the final subdivision plat within
62 days of the official submittal date.
[b]
Public hearing notice.
[i]
The Planning Board shall advertise the hearing in a Saratoga
Springs newspaper of general circulation 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
applicant shall be responsible for payment for this notice. Prior
to the hearing, the applicant shall be responsible for filing with
the Planning Board an affidavit from the newspaper confirming such
publication and payment.
[ii]
The applicant shall obtain from the City the names and addresses
of property owners within a two-hundred-foot geographic radius from
the applicant's subject property boundary.
[iii]
The applicant shall receive from the Planning Board a property
owner notification notice and shall send only this notice to the identified
property owners by first-class mail. This notice shall be postmarked
no less than seven days but not more than 20 calendar days prior to
the scheduled hearing.
[iv]
Prior to the public hearing, the applicant shall submit to the
Planning Board confirmation of the property owner notification by
obtaining a certificate of mailing from the U.S. Postal Service.
[v]
Failure to provide notice in exact conformance with these provisions
shall not invalidate a Planning Board determination provided the Planning
Board finds that substantial compliance has occurred and the public
has been fairly apprised of the fundamental character of the proposed
action.
[c]
Public hearing length. The hearing on the final subdivision
plat shall be closed upon motion of the Board within 120 days after
it has been opened.
(9)
County Planning Agency review.
(a)
When a preliminary subdivision plat is not required, and prior
to taking action on such a final subdivision plat application of real
property as specified in § 239-m of the General Municipal
Law, the Board shall make referrals to the County Planning Agency
or, in the absence of such agency, to a metropolitan or regional agency
having jurisdiction in accordance with §§ 239-l and
239-m of the General Municipal Law.
(b)
If within 30 days after receipt of a full statement of such
referred matter, the County Planning Agency to which referral is made,
or an authorized agency of said agency disapproves the proposal or
recommends modification thereof, the Board shall not act contrary
to such disapproval or recommendation except by a vote of a majority
plus one of all the members thereof and after the adoption of a decision
fully setting forth the reasons for such contrary action and shall
transmit said decision to the County Planning Agency within seven
days. The Chairperson shall read the report of the County Planning
Agency at the public meeting on the matter under review.
(c)
If the County Planning Agency fails to report within such period
of 30 days or such longer period as may have been agreed upon by it
and the referring agency, the Board may act without such report.
(10)
Decisions on applications for final subdivision plat, Planning
Board as lead agency are as follows:
(a)
If the preparation of an environmental impact statement is not
required, the Board shall make its decision within 62 days after the
close of the public hearing on the final subdivision plat.
(b)
If an environmental impact statement is required, and a public
hearing is held on the DEIS, the FEIS shall be filed within 45 days
following the close of the public hearing on the DEIS in accordance
with SEQRA. If no public hearing is held on the DEIS, the FEIS 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 FEIS, the Board
shall issue findings on the FEIS and shall conditionally approve,
with or without modification, disapprove, or grant final approval
and authorize signing of the final subdivision plat.
(11)
Decisions on applications for final subdivision plat, Planning
Board not as lead agency are as follows:
(a)
If the preparation of an environmental impact statement on the
final plat is not required, the Board shall make its decision within
62 days after the close of the public hearing on the final subdivision
plat.
(b)
If an environmental impact statement is required, the Board
shall make its own findings and its decision on the final subdivision
plat within 62 days after the close of the public hearing on the final
subdivision plat or within 30 days of the adoption of the findings
by the lead agency, whichever period is longer.
(12)
Approval of final subdivision plat in phases. In granting conditional
or final approval of a final subdivision plat, the Board may permit
the plat to be developed in two or more phases and may in its decision
granting conditional or final approval state that such requirements
as it deems necessary to insure the orderly development of the plat
be completed before said phases may be signed by the Chairperson of
the Board. Conditional or final approval of the phases of a final
subdivision plat may be granted concurrently with conditional or final
approval of the entire plat, subject to any requirements imposed by
the Board.
(14)
Certification and filing of the final subdivision plat.
(a)
No vested rights shall accrue to any plat by reason of preliminary
or final plat approval until the actual signing of the plat by the
Chairperson of the Board. All requirements, conditions, or regulations
adopted by the Board applicable to the final subdivision plat or on
all subdivisions generally shall be deemed a condition for signature
of the final subdivision plat by the Chairperson of the Board.
(b)
The following requirements shall be met prior to filing of the
final subdivision plat with County Clerk:
[1]
Before the plat is signed by the Chairperson of the Board, the
applicant shall be required to complete, in accord with the Board's
decision, all conditions and contingencies of the approval including,
but not limited to, incorporating any design changes, obtaining all
required permits and approval from other agencies, posting financial
securities, payment of fees and providing all necessary technical
specifications.
[2]
The applicant shall deliver a full covenant and warranty deed
to all such lands in proper form for recording, together with a title
policy for the City of Saratoga Springs in the sum not less than $10,000,
which sum shall be determined by the City attorney before signing
of the final subdivision plat.
[a]
Signature of the following statement:
|
The owner, or his representative, hereby irrevocably offers
for dedication to the local government uses, easements, parks and
required utilities shown in the within subdivision plat and construction
plans in accordance with an irrevocable offer of dedication dated
_________________ and recorded in the Saratoga County Recorder of
Deeds Office.
| ||
|---|---|---|
|
By:
Owner or authorized representative
| ||
|
Date:
| ||
[b]
The final subdivision plat shall be accompanied
by all formal irrevocable offers of dedication to the public of all
streets, local government uses, utilities, parks, and easements, in
a form approved by the City Attorney; and the subdivision plat shall
be marked with a notation indicating the formal offers of dedication
as follows:
[3]
Within five business days of the adoption of the decision granting
approval of the final subdivision plat, such plat with modifications,
if any, as specified by the Board shall be certified by the Chairperson
as having granted conditional or final approval and a copy of the
plat and decision shall be filed in the City Planning Office and the
City Clerk. A copy of the decision shall be mailed to the applicant.
In the case of a conditionally approved plat, the approving decision
shall include a statement of requirements which when completed will
authorize the signature of the plat. Upon completion of the specified
requirements the plat shall be signed and a copy of the signed plat
shall be filed with the City's Planning Office.
[4]
Two reproducible Mylars and two paper prints of the subdivision
plat shall be filed by the applicant with the City's Planning
Office. Each plat shall have each of the following statements:
|
DESIGN CERTIFICATION
| ||
|---|---|---|
|
I, ___________________________, Registered Professional _________________
in the State of New York License No. __________, do hereby certify
that the street system, water system facilities, sanitary sewer system
facilities, and storm drainage facilities for this project have been
designed in accordance with all applicable state, county, local and
City standards.
| ||
 |
Stamp and sign to the left
| |
|
Approval
| ||
|---|---|---|
|
Approved under authority of a decision adopted on _______________
by the Planning Board of the City of Saratoga Springs.
| ||
|
Chairperson
| ||
|
Dated:
| ||
[5]
The Chairperson shall sign each plat. The Board shall provide
back one signed reproducible Mylar for filing in the Office of the
Saratoga County Clerk by the owner.
(15)
Duration of approval of final plat. Approval of the final plat
shall expire within 180 days after the resolution granting such approval
unless all requirements stated in such resolution have been certified
as completed. The Planning Board may extend for periods of 90 days
each the time in which a conditionally approved plat must be submitted
for signature if, in the Planning Board's opinion, such extension
is warranted by the particular circumstances.
(16)
Default approval of preliminary or final subdivision plat. The
time periods prescribed herein within which the Board must take action
on a preliminary subdivision plat or a final subdivision plat are
specifically intended to provide the Board and the public adequate
time for review and to minimize delays the processing of subdivision
applications. Such periods may be extended only by mutual consent
of the owner and the Board. In the event that final approval is rendered
by reason of the failure of the Board to act, the applicant may request
from the City Clerk a certificate setting forth the date of submission
of the final plat and the failure of the Board to approve or disapprove
said plat. This certificate shall permit the applicant to file the
final subdivision plat with the County Clerk, in the absence of signature
by the Chairperson of the Board.
(17)
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Planning Board
may extend for periods of 90 days each the time in which a conditionally
approved plat must be submitted for signature if, in the Planning
Board's opinion, such extension is warranted by the particular
circumstances.
(18)
Filing of final subdivision plat. the owner shall file in the Office of the County Clerk the approved final subdivision plat or the approved phase of such plat within 62 days from the date of final approval or the approval shall expire as provided in Article 3, § 32 of General City Law. The following shall constitute final approval: the signature of the Chairperson or duly authorized officer of the Board; or the certificate from the City Clerk's Office as to the date of the submission of the final subdivision plat and the failure of the Board to take action within the time herein provided.
(19)
No building permits or certificates of occupancy shall be issued
for the project until final subdivision plat approval has been given,
the plat properly signed, the plat recorded with the County Clerk,
any and all financial security are in place, and any and all other
conditions of approval have been met.
A.
Review process.
(2)
An applicant may request a sketch plan discussion with the Board
prior to the applicant making any formal subdivision submission.
(a)
The submission of a sketch plan is an option available to the
applicant. It is a preapplication procedure. The applicant may exercise
this option for a preapplication discussion for the purpose of seeking
advice and direction.
(b)
During the sketch plan discussion the applicant and the Board
may discuss the possible requirements of the project in relation to
standards for street improvements, grading, drainage, sewerage, water
supply, fire protection and similar aspects, as well as the availability
of existing services and other pertinent information.
(3)
Preliminary subdivision plat review. Review of a preliminary plat
is mandatory for conservation subdivisions containing four or more
lots.
(a)
The preliminary subdivision plat shall be reviewed by the Board, which shall hold a public hearing and make its conservation findings as required by Article IV, § 241-12, Subsection B(2). The notice and hearing procedures shall be the same as those for a subdivision contained in Article II, § 241-5, Subsection C. In order to approve a preliminary subdivision plat, the Board must find that it complies with all relevant provisions of the Zoning Ordinance.[1]
(b)
SEQRA compliance for the preliminary subdivision plat shall be the same as required by the General City Law, Section 32, and in Article II, Section 1, Paragraph C, of this chapter for a preliminary subdivision plat application.
(c)
Preliminary subdivision plat approval shall expire one year
from the date of approval if final plat approval has not been granted.
Upon a written request from the applicant, the Board at its discretion
may grant an extension of the approval. The length of the extension
will vary depending on the basis of the request made.
(4)
Final subdivision plat review. The procedure for final subdivision plat review, including notice and hearing procedures, shall be the same as those for a subdivision plan contained in Article II, Section 1, Paragraph D of the City's Subdivision Regulations. In order to approve a final subdivision plat, the Board must find that it is consistent with the preliminary subdivision plat and complies with all relevant provisions of the Zoning Ordinance.
(a)
SEQRA compliance for the final subdivision plat shall be the
same as required by the General City Law, Section 32.
(b)
Final subdivision plat approval shall expire one year from the
date of the approval. Upon a written request from the applicant, the
Board at its discretion may grant an extension of the approval. The
length of the extension will vary depending on the basis of the request
made.
