A.
Whenever any subdivision of land is proposed, before
any contract for the sale of any part thereof and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivision owner or his/her authorized agent shall
apply for and secure approval of such proposed subdivision in accordance
with the following procedures which include basically three steps:
B.
If the number of parcels within the subdivision is
three or less and if no new streets are to be created, the preliminary
plat step may be waived at the discretion of the Planning Board.
A.
Before applying for conditional approval of the Preliminary
plat, the owner shall confer with the Planning Board at a regularly
scheduled meeting or meetings of the Planning Board about matters
in general with regard to his/her proposed subdivision for the following
purposes:
(1)
To become acquainted with the Comprehensive Plan for
Ballston Spa, zoning and other regulatory codes which affect the proposed
development.
(2)
To discuss the design of the proposed subdivision.
(3)
To reach general agreement with the Planning Board
as to what is to be included in the plat and what has to be accomplished
to receive final subdivision plat approval.
(4)
To discuss with the Planning Board the requirements
of these regulations as they apply to the applicant's situation.
B.
For this meeting or these meetings, the applicant shall prepare a proposed subdivision plan in accordance with Article IV of this chapter. Preapplication discussions do not require formal application, fee or filing of plat with the Planning Board. The opinions of the Planning Board shall be informal. If, in the opinion of the Planning Board, the proposed subdivision does not meet with the objectives of these regulations, the owner may request continued discussions until such time that the Planning Board informs him/her that his/her general program and objectives do meet with the objectives of these regulations. However, the owner shall not be precluded from making a formal preliminary plat application if he/she so elects at any time following the initial meeting with the Planning Board.
A.
On reaching conclusions regarding the general program
as a result of preapplication appearances before the Planning Board,
the applicant shall prepare a preliminary plat and shall file an application
with the Planning Board for its approval with or without modification
or disapproval.
B.
Owner procedure. Prior to filing an application for
a final subdivision plat, the owner or his/her agent shall file for
the approval with or without modifications or disapproval of a preliminary
plat. The application shall:
(1)
Be on forms available at the office of the Planning
Board.
(2)
Be accompanied by three copies of the preliminary plat in accordance with the specifications of Article IV of this chapter.
(4)
Be presented to the Clerk of the Planning Board at
least 10 days prior to the next regular Planning Board meeting. Formal
application shall be considered as being made at this meeting of the
Board. The owner should be prepared to attend this meeting.
(5)
Be accompanied by a fee to be set forth from time
to time by resolution of the Board of Trustees.[1] If the applicant subsequently elects not to file for approval
of a final subdivision plat, one-half (1/2) the fee shall be returned.
The purpose of the fee shall be to defray the cost of inspection and
whatever engineering services may be involved on the part of the Village
in the installation of physical improvements as well as to defray
the costs of public hearings.
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
C.
It shall be the owner's responsibility to ascertain
whether his/her proposals as submitted on the preliminary plat and
subsequently on the final subdivision plat will conform with the Public
Health Law of the State of New York, although certification to this
effect is not formally required until submission of the final subdivision
plat. It shall also be his/her responsibility to determine that he/she
will be able to file any necessary performance bonds and tender appropriate
offers of cession upon submission of the final subdivision plat, although
such items are not yet formally required.
D.
Planning Board procedure.
(1)
The Clerk of the Planning Board shall issue a receipt
for the preliminary plat at the formal application for approval of
the preliminary plat.
(2)
The Planning Board shall hold a public hearing within
62 days after the receipt of a complete preliminary plat by the Clerk
of the Planning Board. Such hearing shall be advertised at least once
in a newspaper of general circulation in the Village at least five
days before such hearing.
(3)
The Planning Board will carefully study the practicability
of the preliminary plat, taking into consideration the requirements
of the community and the best use of the land being subdivided. Particular
attention will be given to the arrangement, location and width of
streets, their relation to the topography of the land, sewage disposal,
drainage, lot sizes and arrangement, the future development of adjoining
lands as yet unsubdivided and the requirements of the Comprehensive
Plan and of the Village Official Map[2] as it may be adopted and amended.
[2]
Editor's Note: The Official Map is on file
at the Village offices.
(4)
Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, discussions with the owner on changes deemed advisable and the kind and extent of improvements to be made and a public hearing in accordance with these regulations, the Planning Board shall, within 62 days of the public hearing, approve with or without modification or disapprove such application. Failing to so act within the prescribed time period, approval of such preliminary plat shall be deemed automatic. Notwithstanding the foregoing provisions of this section, the period in which the Planning Board must take action on such preliminary plat may be extended by mutual consent of the owner and the Planning Board. The Planning Board shall communicate to the owner, in writing, its approval with the conditions of such approval, if any, or, if disapproved, shall express its disapproval and its reasons therefor. Upon receipt of such approval, the owner may then proceed to make the required physical improvements in accordance with Article VI of this chapter.
(5)
Within five days of the approval of such preliminary
plat, it shall be certified by the Clerk of the Planning Board as
having been granted preliminary approval, a copy of which shall be
filed in the Clerk's office and a certified copy mailed to the owner.
A.
Owner application procedure.
(1)
Within six months or mutually agreed upon extension
of the approval with or without modification or disapproval of the
preliminary plat by the Planning Board, the owner shall file with
the Planning Board for approval of a final subdivision plat. The application
shall:
(a)
Be on forms available at the Planning Board office and be accompanied by the fee specified in § 178-6 if the preliminary plat step has been waived.
(b)
Include the entire subdivision or the section
thereof affected by the application.
(c)
Be accompanied by the original and three copies of the final subdivision plat, construction detail sheets and other information as described in Article IV of this chapter.
(d)
Comply in all respects with the preliminary
plat as approved.
(e)
Be presented to the Chairman of the Planning
Board at least two weeks prior to a regular meeting of the Board.
However, for the purpose of fixing the date and time of submission,
the final subdivision plat shall be officially submitted at the regular
meeting. The owner should be prepared to be represented at that meeting.
(2)
In the event that a final subdivision plat is not
submitted to the Planning Board within six months of the approval
with or without modification or disapproval of the preliminary plat
or mutually agreed upon extension of time, the application shall be
considered withdrawn, and any previous approval or waivers of required
improvements by the Planning Board shall be considered lapsed.
B.
Planning Board procedure.
(1)
Upon receipt of the final subdivision plat and if
and when a County Official Map is established, the Clerk of the Planning
Board shall notify the County Planning Board and the County Superintendent
of Highways in accordance with § 239-k of the General Municipal
Law. Such notification shall be within 10 days of receiving advance
copies of the final subdivision plat.
(2)
The Village Planning Board shall issue a receipt of
submission at the first meeting of the Planning Board following submission
of the final subdivision plat to the Clerk in accordance with these
regulations.
(3)
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 chapter, 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.
(4)
Final plats which are not in substantial agreement
with the approved preliminary plats. When a final plat is submitted
which the Planning Board deems not to be in substantial agreement
with a preliminary plat approved pursuant to this chapter, the following
shall apply:
(b)
The Planning Board shall hold a public hearing
on such final plat not later than 62 days after the receipt of the
final plat. The hearing shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing.
(c)
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 after the date
of the public hearing. The grounds for modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board. Notwithstanding the foregoing provisions of this section, the
period in which the Planning Board must take action on such final
plat may be extended by mutual consent of the owner and the Planning
Board.
(5)
Final plats when the preliminary plat is waived. When
no preliminary plat is required to be submitted, the following shall
apply:
(a)
Such plat shall be clearly marked "final plat" and shall conform to the definition and requirements of Article IV of this chapter. The Planning Board shall hold a public hearing within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board. Such hearing shall be advertised at least once in a newspaper of general circulation of the Village at least five days before such hearing.
(b)
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 after the date
of the public hearing. The grounds for modification, if any, or the
grounds for disapproval shall be stated upon the records of the Planning
Board. Notwithstanding the foregoing provisions of this section, the
period in which the Planning Board must take action on such final
plat may be extended by mutual consent of the owner and the Planning
Board.
(6)
In the event that the Planning Board fails to take
action on a final plat within the time prescribed herein or for such
extended period established by mutual consent of the owner and the
Planning Board, the plat shall be deemed approved, and a certificate
of the Clerk of the Village as to the date of the submission and the
failure to take action within such prescribed time shall be issued
on demand and shall be sufficient in lieu of written endorsement or
other evidence of approval herein required.
(7)
Conditional approval of final plats.
(a)
Certification of plat. Upon resolution granting
conditional approval of a final plat, the Planning Board shall empower
a duly authorized officer to sign the plat, subject to completion
of any requirements as may be stated in the resolution. Within five
days of such resolution, the plat shall be certified by the Clerk
of the Planning Board as conditionally approved and a copy filed in
such Clerk's office. A copy of this resolution shall be mailed to
the owner, which copy shall include a statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved final plat.
(b)
Duration of approval. Upon completion of such
requirements, the plat shall be signed by said duly authorized officer
of the Planning Board. Conditional approval of a final plat shall
expire within 180 days after the date of the resolution granting conditional
approval unless such requirements have been certified as completed.
(8)
Notwithstanding the foregoing provisions of this section,
the Planning Board may extend the time in which a conditionally approved
plat in final form must be submitted for signature if, in its opinion,
such extension is warranted by the particular circumstances thereof,
which time shall not exceed two additional periods of 90 days each.
[Amended 10-15-2019 by L.L. No. 6-2019]
A.
With respect to any subject matter over which the
Planning Board has jurisdiction under Article 7 of the Village Law
of the State of New York or any other statute, the Board is empowered
to charge as additional fees to the applicant all costs of any engineers,
architects, surveyors, attorneys or other experts which the Board
finds reasonably necessary to engage for the Village in order to reach
a reasoned decision concerning the application. The Board may require
the posting of adequate security for the payment of such additional
fees.
B.
The Board shall have the right to impose as additional
fees on the applicant all costs contemplated by this section, except
such costs as prohibited by law. Such prohibition, if any, shall not
be intended to render the remaining provisions of this section void.
