A.
Zoning permit required. No development may be commenced
within the Village without a zoning permit issued by the Zoning Administrator.
B.
Permit types.
(1)
Basic permit. All basic permit applications shall be subject to the site plan review provisions of Article VII.
(2)
Special use permits. All special use permit applications
shall be subject to both the site plan review provisions and the special
use permit provisions.
(3)
APA Class A regional projects.
(4)
Sign permit. All sign permit applications shall be subject to the sign regulations contained in the Article VI, General Regulations.
(5)
Stormwater permit.
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C.
Posting of permit. All applicants shall display a
building permit on the subject premises. The permit shall be provided
by the Village, clearly visible from a public way, and not be removed
until all of the requirements of this chapter shall be satisfied.
D.
Certificate of occupancy. No building may be occupied
until a certificate of occupancy has been issued. The Zoning Administrator
shall issue the certificate of occupancy upon determination that all
conditions of the zoning permit have been fulfilled.
E.
Temporary certificate of occupancy. If, upon an inspection
for a certificate of occupancy, the Zoning Administrator determines
a certificate of occupancy cannot be issued, and the Zoning Administrator,
at his discretion, determines that such conditions do not affect the
health, safety, and general welfare of the citizens of the Village,
and finds that conditions for said certificate of occupancy can realistically
be satisfied within 30 calendar days, the Zoning Administrator may
issue a nonrenewable temporary certificate of occupancy to expire
within 30 calendar days. At the end of this thirty-day period, if
conditions for a final zoning compliance permit are not satisfied,
the Zoning Administrator shall revoke the temporary certificate of
occupancy and shall take appropriate steps pursuant to this chapter.
F.
Expiration of zoning permit. If a project for which
a permit has been issued is not provided either a temporary or a final
certificate of occupancy within one year after the issuance of such
permit, said permit shall expire. The project may not be started or
continued unless said permit has been renewed within the one-year
period. If the permit is not renewed, the applicant must apply for
a new permit in accordance with this chapter.
A.
Area variance. The Board of Appeals has the power
to grant variances from the area or dimensional requirements of this
chapter. In making its determination, the Board of Appeals shall take
into consideration the benefit to the applicant if the variance is
granted as weighed against the detriment to the health, safety or
welfare of the neighborhood or community of such grant.
B.
Use variances. The Board of Appeals has the power
to grant use variances, authorizing a use of the land which otherwise
would not be allowed or would be prohibited by the terms of this chapter.
No such use variance shall be granted by the Board of Appeals without
a showing by the applicant that applicable zoning regulations and
restrictions have caused unnecessary hardship.
C.
Appeals. Applicants, or any officer, department, board
or bureau of the Village, has the right to appeal any order, requirement,
decision, interpretation or determination of officials charged with
the enforcement of this chapter to the Board of Appeals. The Board
of Appeals may reverse or affirm, wholly or partly, or modify the
order, requirement, decision, interpretation or determination being
appealed and shall make such order, requirement, decision, interpretation
or determination as, in its opinion, ought to have been made in the
matter by the administrative official charged with the enforcement
of this chapter, and to that end shall assume all the powers of the
administrative official from whose order, requirement, decision or
determination the appeal is taken.
A.
Permit application fees and expenses.
(1)
Fees required by this chapter shall be paid upon the
submission of applications and appeals.
(2)
Expenses incurred by the Village shall be due upon
receipt of an invoice from the Village Clerk.
(3)
The fees for applications and appeals shall be established
by the Village Board from time to time. A fee schedule shall be posted
in the Village Hall.
(4)
No required fee shall be substituted for any other
fee.
(5)
The following actions shall require fees or reimbursement
of expenses (this list is not necessarily all-inclusive):
(a)
Building permit;
(b)
Sign permit;
(c)
Zoning variance application;
(d)
Temporary sign permit;
(e)
Zoning interpretation;
(f)
Expense of neighbor notification;
(g)
Expense of notice publication; and
(h)
Expense of outside professional services.
(i)
Banner permit.
[Added 12-18-2006 by L.L. No. 12-2006]
B.
Professional assistance. The Planning Board may engage
the services of professional consultants, at the expense of the applicant,
during the site plan review and special permit approval processes.
[Amended 4-17-2006 by L.L. No. 6-2006]
C.
Performance bond or other security.
[Amended 8-15-2022 by L.L. No. 3-2022]
(1)
Furnishing of performance bond or other security. As an alternative
to the installation of infrastructure and improvements set forth on
the plans, specifications or application materials or conditions imposed
by the Planning Board or Zoning Board of Appeals, prior to Planning
Board or Zoning Board of Appeals approval, a performance bond or other
security sufficient to cover the full cost of the same, as estimated
by the Planning Board or Zoning Board of Appeals or a Village department
designated by the Planning Board or Zoning Board of Appeals to make
such estimate, where such departmental estimate is deemed acceptable
by the Planning Board or Zoning Board of Appeals, shall be furnished
to the Village by the owner, applicant or authorized agent. The Planning
Board, at its discretion, can involve other Village departments to
aid in making its determination as to the amount of the financial
security.
(2)
Form of security. Any such security must be provided pursuant to
a written security agreement with the Village, approved by the Village
Board of Trustees and also approved by the Village Attorney as to
form, sufficiency and manner of execution, and shall be limited to:
i) a performance bond issued by a bonding or surety company; ii) the
deposit of funds in, or a certificate of deposit issued by, a bank
or trust company located and authorized to do business in this state;
iii) an irrevocable letter of credit from a bank located and authorized
to do business in this state; iv) obligations of the United States
of America; or v) any agreed-upon form of cash or cashier's check
to be deposited into a non-interest-bearing bearing account.
(3)
Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the Planning Board or
Zoning Board of Appeals, but in no case for a longer term than three
years; provided, however, that the term of such performance bond or
security agreement may be extended by the Planning Board or Zoning
Board of Appeals with consent of the parties thereto, or in the event
the project which is the subject of said security is not completed
within three years, such security may be extended without the consent
of the parties upon notice to the parties and opportunity for hearing
before the Planning Board or Zoning Board of Appeals. If the Planning
Board or Zoning Board of Appeals shall decide at any time during the
term of the performance bond or security agreement that the extent
of building development that has taken place is not sufficient to
warrant all the improvements covered by such security, or that the
required improvements have been installed as provided in this section
and by the Planning Board or Zoning Board of Appeals in sufficient
amount to warrant reduction in the amount of said security, and upon
approval by the Village Board of Trustees, the Planning Board or Zoning
Board of Appeals may modify its requirements for any or all such improvements,
and the amount of such security shall thereupon be reduced by an appropriate
amount so that the new amount will cover the cost in full of the amended
list of improvements required by the Planning Board or Zoning Board
of Appeals. The financial security shall remain in full force and
effect until the project is completed as determined by the Director
of the Planning and Zoning Department. The Planning and Zoning Department
will determine when the security can be returned to the applicant
upon completion of a project and will advise the Village Treasurer,
who will have 90 days to execute the return.
(4)
Default of security agreement. In the event that any required improvements
have not been installed, as provided in this section, within the term
of such security agreement, the Village Board of Trustees may thereupon
declare the said performance bond or security agreement to be in default
and collect the sum remaining payable thereunder; and upon the receipt
of the proceeds thereof, the Village shall install such improvements
as are covered by such security and as commensurate with the extent
of building development that has taken place pursuant to the approvals
therefor but not exceeding in cost the amount of such proceeds.
[Amended 4-17-2017 by L.L. No. 7-2017; 5-21-2018 by L.L. No. 6-2018]
A.
Planning Board empowered to approve plats. By the authority of the
Village Board of the Village of Lake George, and pursuant to the provisions
of Article 7 of Village Law of the State of New York, the Planning
Board of the Village of Lake George is authorized and empowered to
approve plats showing lots, blocks or sites, with or without streets
or highways, to approve the development of entirely or partially undeveloped
plats already filed in the office of the county clerk and to conditionally
approve preliminary plats, within the Village of Lake George.
B.
Declaration of policy.
(1)
It is declared to be the policy of the Planning Board to consider
land subdivision plats as part of a plan for the orderly, efficient
and economic development of the Village. This means, among other things,
that 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 or other menace, that proper provision shall be made
for drainage, water supply, sewerage, environmental considerations
and other needed improvements; that all proposed lots shall be so
laid out and of such size as to be in harmony with the development
pattern of the neighboring properties; that the proposed streets shall
compose a convenient system conforming to the Official Map, if such
exists, and shall be properly related to the proposals shown on the
Master Plan, if such exists, and shall be of such width, grade and
location as to accommodate the prospective traffic, to facilitate
fire protection and to provide access of firefighting equipment to
buildings, and that proper provisions shall be made for open spaces
for parks and playgrounds.
(2)
It is further declared to be the policy of these regulations to ensure
the optimum overall conservation, protection, development of the unique
scenic, aesthetic, wildlife, recreational, open space, historic, ecological
and natural resources of the Village.
(3)
These regulations may be cited as the "Village of Lake George Subdivision
Regulations."
C.
Subdivision application procedures. 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 using such
applications as may be approved by the Planning Board, and in accordance
with the following procedures.
D.
Sketch plan.
(1)
Submission of sketch plan. Any owner or subdivider of land shall, prior to subdividing or resubdividing land, submit to the Clerk of the Planning Board at least four weeks prior to the regular meeting of the Board eight copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of Subsection O for the purposes of classification and preliminary discussion.
(2)
Discussion of requirements and classification. The subdivider, owner, or his duly authorized representative, shall attend the meeting of the Planning Board 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. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor subdivision or major subdivision, or Class A regional subdivision as defined in these regulations. The Board may require when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some 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 Subsection D of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in Subsections F and G. If the Planning Board finds the proposed project to be a regional subdivision, the Board and the subdivider shall comply with the additional procedures outlined in Subsection N.
(3)
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of these regulations and shall,
where it deems necessary, make specific recommendations in writing
to be incorporated by the subdivider in the next submission to the
Planning Board.
E.
Minor subdivision.
(1)
Application; fee.
(a)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Subsection P.
(b)
All applications for plat approval for minor subdivisions (up
to and including four lots) shall be accompanied by a fee of $100.
(2)
Number of copies. Eight copies of the subdivision plat shall be presented
to the Clerk of the Planning Board at least four weeks prior to a
regularly scheduled monthly meeting of the Planning Board.
(3)
Subdivider to attend Planning Board meeting. The subdivider or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
(4)
When officially submitted. The time of submission of the subdivision plat shall be the date on which the Clerk of the Planning Board receives a completed application for plat approval, including the data in Subsection P of these regulations and the required fee.
(5)
Public hearing. Within 62 days of receipt of a completed subdivision
plat for approval, the Planning Board may hold a public hearing. In
determining whether or not in its discretion to hold a public hearing,
the Planning Board shall consider the size and complexity of the activity,
the level of public interest and the possibility of disapproval. In
no case shall a plat be disapproved without a public hearing first
having been held. Any public hearing shall be advertised in a newspaper
of general circulation in the Village within five days before such
hearing.
(6)
Action on subdivision plat. If a public hearing is held, the Planning
Board shall, within 62 days from the date of such hearing, approve,
modify and approve or disapprove the subdivision plat. If no hearing
is held, the Planning Board shall approve or modify and approve the
subdivision plat within 62 days of the date of submission.
F.
Preliminary plat for major subdivision.
(1)
Application; fee.
(a)
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 Subsection Q hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 7-728 and 7-730 of the Village Law and Subsection Q of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(b)
The application for conditional approval of the preliminary
plat shall be accompanied by a set fee, plus a per-lot fee (as per
the map to be recorded in the office of the Warren County Clerk),
which fees shall be a flat fee of $250 plus $50 per each lot.
(2)
Number of copies. Eight copies of the preliminary plat shall be presented
to the Clerk of the Planning Board at least four weeks prior to a
regularly scheduled monthly meeting of the Planning Board.
(3)
Subdivider to attend Planning Board meeting. The subdivider or his
duly authorized representative shall attend the meeting of the Planning
Board to discuss the preliminary plat.
(4)
Study of preliminary plat. The Planning Board shall 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 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, and the requirements of the
Master Plan, the Official Map and zoning regulations, if such exists.
(5)
When officially submitted. The time of submission of the subdivision plat shall be the date on which the Planning Board accepts the completed application for plat approval including the data in Subsection Q of these regulations and the required fee.
(6)
Public hearing. A public hearing shall be held by the Planning Board
within 62 days after the time of the submission of the preliminary
plat for approval. The hearing shall be advertised in a newspaper
of general circulation in the Village at least five days prior to
such hearing, and the cost of sending or publishing any public notices
related to the project shall be borne by the applicant.
(7)
Approval of the preliminary plat.
(a)
Within 62 days after the time of the hearing on a preliminary
plat, the Planning Board shall take action to approve, with or without
modification or disapprove such preliminary plat, unless that time
is extended by mutual consent of the owner and Planning Board. The
grounds of any modification required or the grounds for disapproval
shall be stated upon the records of the Planning Board. Failure of
the Planning Board to act within such sixty-two-day period, unless
extended as provided for above, shall constitute an approval of a
preliminary plat.
(b)
When granting approval to a preliminary plat, the Planning Board
shall state, if applicable, the specific changes which it will require
in the preliminary plat, the character and extent of the required
improvements for which waivers may have been requested and which in
its opinion may be waived without jeopardy to the public health, safety,
morals and general welfare, the amount of improvement or the amount
of all bonds therefore which it will require as prerequisite to the
approval of the subdivision plat.
(c)
The action of the Planning Board plus any conditions attached
thereto shall be noted on three copies of the preliminary plat. One
copy shall be returned to the subdivider, one retained by the Planning
Board and one forwarded to the Village Board.
(d)
Approval of a preliminary plat shall not constitute approval
of the subdivision plat, but rather it shall be deemed an expression
of approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
approval, if any.
(e)
Prior to approval of the subdivision plat, the Planning Board
may require additional changes as a result of further study of the
subdivision in final form or as a result of new information obtained.
G.
Plat for major subdivision.
(1)
Application for approval; fee.
(a)
The subdivider shall, within six months after the approval of
the preliminary plat, file with the Planning Board an application
for approval of the subdivision plat in final form, using the approved
application available from the Clerk of the Planning Board.
(b)
All applications for plat approval for major subdivisions (five
lots and up) shall be accompanied by a set application fee plus a
per-lot fee, which shall be the same fee as the preliminary plat for
the major subdivision.
(c)
If the final plat is not submitted within six months after the
conditional approval of the preliminary plat, the Planning Board may
refuse to approve the final plat and require resubmission of the preliminary
plat.
(2)
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Clerk
of the Board with the application and eight copies thereof and one
Mylar of the plat, the original and eight copies of all offers of
cession, covenants and agreements and eight prints of all construction
drawings, at least four weeks in advance of the regular monthly Planning
Board meeting at which it is to be officially submitted.
(3)
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date upon which the application has been accepted as complete by the Planning Board. The application shall accompany all data required by Subsection R of these regulations.
(4)
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the authorized Lake George Village Water and Sewer
Department representative. Applications for approval of plans for
sewer or water facilities will be filed by the subdivider with all
necessary Village, county and state agencies.
(5)
Public hearing. A public hearing shall be held by the Planning Board
within 62 days after the time of submission of the subdivision plat
for approval. This hearing shall be advertised in a newspaper of general
circulation in the Village at least five days before such hearing.
However, when the Planning Board deems the final plat to be in substantial
agreement with the approved preliminary plat, the Planning Board may
waive the requirements for such public hearing. The cost of sending
or publishing any public notices related to the project shall be borne
by the applicant.
(6)
Action on proposed subdivision plat. The Planning Board shall within
62 days from the date of the public hearing on the subdivision plat
or, if said hearing is waived, within 62 days of the submission of
the final plat, conditionally approve, disapprove or grant final approval
with or without modification. However, the subdivision plat shall
not be signed by the authorized officers of the Planning Board for
recording until the subdivider has complied with the provisions of
this chapter.
H.
Filing of approved subdivision plat.
(1)
Final approval and filing.
(a)
Not more than 62 days after the completion of the public hearing,
the Planning Board shall by resolution conditionally approve, disapprove
or grant final approval and authorize the signing of the subdivision
plat. This time period may be extended by written agreement of the
subdivider and the Planning Board. Failure of the Planning Board to
act within such time shall constitute final approval of the plat.
The grounds for a disapproval or conditional approval shall be explicitly
set forth in the Board's resolution.
(b)
In making its decision, the Board shall apply the standards and requirements set forth in Subsection G insofar as those standards are pertinent to the proposed subdivision.
(c)
Upon granting conditional approval of the plat, the Planning
Board shall empower the Chairman or Acting Chairman to sign the plat
upon compliance with such conditions and requirements as may be stated
in its resolution of conditional approval. Within five days of the
resolution granting conditional approval, the plat shall be certified
by the Clerk of the Planning Board as conditionally approved, a copy
shall be filed in his/her office and a copy mailed to the subdivider.
The copy mailed to the subdivider shall include a statement of requirements
which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall
be deemed to have received final approval, and the Chairman or Acting
Chairman shall sign the plat accordingly. Conditional approval of
a plat shall expire 180 days after the date of the resolution granting
such approval, unless the requirements have been certified as completed
within that time. The Planning Board may, however, extend the time
within which conditionally approved plat may be submitted for signature,
if in its opinion such extension is warranted under the circumstances,
for one of two additional periods of 90 days each.
(2)
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plan after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless said plat is first resubmitted to the Planning Board
and such Board 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 record of the county
clerk.
I.
General requirements and design standards.
(1)
Guidance by standards. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Zoning Board only under circumstances set forth in Subsection S herein.
(2)
General provisions.
(a)
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 or other menace.
(b)
Conformity to Official Map and Master Plan. Subdivisions shall
conform to the Official Map of the Village and shall be in harmony
with the Master Plan, if such exists.
(c)
Specifications for required improvements. All required improvements
shall be constructed or installed to conform to the Village specifications,
which may be obtained from the Village Engineer or Public Works Superintendent.
(d)
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 firefighting, snow removal and other road maintenance equipment.
The arrangement of streets shall be such as to cause no undue hardships
to adjoining properties and shall be coordinated so as to compose
a convenient system.
J.
Lots.
(1)
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 220, Zoning, of the Code of the Village of Lake George, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
(2)
Corner lots. In general, corner lots should be larger than interior
lots to provide for proper building setback from each street and provide
a desirable building site.
(3)
Driveway access. Driveway access and grades shall conform to specifications
of the Village Driveway ordinance, if one exists. Driveway grades
between the street and the primary structure shall not exceed 15%.
(4)
Access from private streets. Access from private streets shall be
deemed acceptable only if such streets are identified as part of the
owner's property, a right-of-way, or easement for the persons accessing
their lots.
(5)
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Village 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 Village Engineer may require, and
their location shall be shown on the subdivision plat.
(6)
Lots for individually owned townhomes and condominiums. Lots that are created through subdivision of land intended for townhomes and/or condominium use, where each unit and/or building is separately owned, must proceed through the subdivision process and adhere to all provisions identified in Chapter 220, Zoning. One exception to this provision is for subdivisions creating lot lines surrounding individually owned townhome/condominium units, in which case the yard setback requirements in Schedule II shall not apply to those individual unit lot lines. Setbacks from the overall common parcel to the building envelopes must be adhered to, as well as the underlying zoning district's lot coverage requirements.
K.
Sanitary sewer system. Unless an approval is granted by the local
board of health prior to subdivision approval by the Planning Board,
all subdivision lots must connect to sanitary sewer at the cost of
the subdivider.
L.
Water mains. Unless an approval is granted by the Board of Trustees
prior to subdivision approval by the Planning Board, all subdivision
lots must connect to the Village water system at the cost of the subdivider.
M.
Preservation of natural features.
(1)
The Planning Board shall establish the preservation of all natural
features which add value to residential developments and to the community.
The layout shall take advantage of the natural contours and the original
vegetation. Natural features such as large trees and groves, watercourses,
beaches, vistas and similar irreplaceable assets shall be preserved
in designing and construction and subdivision. Of special concern
is the conservation of the wooded character of the skylines, hillsides
and lakefronts.
(2)
In a residential subdivision, all houses shall be sited properly.
Setbacks should be varied in order to preserve trees so that each
house has maximum privacy and the best view.
N.
Regional subdivisions.
(1)
Applicability of this section. When a proposed subdivision is a Class
A regional subdivision, the provisions of this section shall apply
in addition to all other provisions of these regulations.
(2)
Criteria and certain procedures for Adirondack Park Agency review
of Class A regional subdivisions.
(a)
The Adirondack Park Agency's review of Class A regional subdivisions
within the territory of the Village pursuant to and in accordance
with Section 809, Subdivision 9, of the Adirondack Park Agency Act,
shall be governed by the criteria and certain procedures hereinafter
set forth, as well as those set forth in the Act and the applicable
Agency rules and regulations.
(b)
As soon as reasonably practicable following receipt by the Planning Board from the Adirondack Park Agency of notice of application completion with regard to a Class A Regional Subdivision, the Planning Board or one or more designees thereof shall consult with the Agency for the purpose of analyzing the application and formulating advisory recommendations as to whether the subdivision meets all of the pertinent requirements and conditions of the Village land use program. No later than 30 days following receipt by the Planning Board from the Agency of such notice of application completion with regard to a Class A regional subdivision, or such shorter period as may be agreed upon in writing by the Agency and the Village, the Planning Board shall, by certified mail, provide to the Agency its advisory recommendations as to whether the subdivision meets all of the pertinent requirements and conditions of the Village land use program. Should the Planning Board fail to provide such recommendations within such thirty-day or otherwise agreed upon period, the Agency may make the finding required by Subsection (2)(c) hereof without receipt of such recommendations.
(c)
The Adirondack Park Agency will not approve a Class A regional
subdivision unless it first determines, after seeking consultation
with the Planning Board and upon consideration of an advisory recommendation
of the Planning Board relative to the subdivision, that the subdivision
would comply with all the pertinent requirements and conditions of
the Village land use program.
(d)
In making the determination required by Section 809 of the Adirondack
Park Agency Act as to the impact of a proposed Class A regional subdivision
upon the resources of the Adirondack Park, including the ability of
all levels of government to provide supporting facilities and services
made necessary by the subdivision, the Agency shall consider those
factors pertinent to the subdivision.
(3)
Establishment of joint procedures with the Adirondack Park Agency
for review of Class A regional subdivisions. The Planning Board may
establish whatever joint procedures with the Adirondack Park Agency
for review of Class A regional subdivisions which the Board in its
discretion deems desirable to minimize duplication and generally expedite
the review process.
O.
Sketch plan requirements.
(1)
The sketch plan initially submitted to the Planning Board shall be
based on tax map information or some other similarly accurate base
map at an appropriate scale to enable the entire tract to be shown
on one sheet.
(2)
The sketch plan shall be submitted, showing the following information:
(a)
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.
(b)
All existing structures, wooded areas, streams and other significant
physical features within the portion to be subdivided and within 200
feet thereof. If topographic conditions are significant, contours
shall also be indicated at intervals of not more than 10 feet.
(c)
The name of the owner and of all adjoining property owners are
disclosed by the most recent municipal tax records.
(d)
The tax map sheet, block and lot numbers, if available.
(e)
All the utilities available and all streets which are proposed,
mapped or built.
(f)
The proposed pattern of lots (including lot width and depth), street layout recreation areas, systems of drainage, sewerage and water supply [see § 220-10Q(1)(c)] within the subdivided area.
(g)
All existing restrictions on the use of land, including easements,
covenants or zoning lines.
P.
Minor subdivision plat requirements.
(1)
In the case of minor subdivision only, the subdivision plat application
shall include the following information:
(a)
A copy of such covenants of deed restrictions as are intended
to cover all or part of the tract.
(b)
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
Village Engineer, and shall be referenced and shown on the plat.
(c)
Connections to sanitation and water supply facilities shall
be designed to meet the minimum specifications of the Village water
and sewer departments.
(d)
Proposed subdivision name, name of the Village and county in
which it is located.
(e)
The date, North point, map scale, name and address of record
owner and subdivider.
(2)
The plat to be filed with the county clerk shall be printed upon
Mylar. The size of the sheet shall be 22 inches by 26 inches or 24
inches by 36 inches.
(3)
Such other information as the Planning Board may request.
Q.
Major subdivision preliminary plat and accompanying data requirements.
(1)
Eight copies of the preliminary plat prepared at a scale of not more
than 100, but preferably not less than 50, feet to the inch shall
be submitted, showing:
(a)
Proposed subdivision name, name of Village and county in which
it is located, date, true North point, scale, name and address of
record owner, subdivider and engineer or surveyor, including license
number and seal.
(b)
The name of all subdivisions immediately adjacent and the name
of the owners on record of all adjacent property.
(c)
Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or Chapter 220, Zoning, of the Code of the Village of Lake George text applicable to the area to be subdivided.
(d)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
(e)
Location of existing property lines, easements, buildings, watercourses,
marshes, rock outcrops, wooded areas, and other significant existing
features for the proposed subdivision and adjacent property.
(f)
Location of existing sewers, water main, culverts and drains
on the property, with pipe sizes, grades and direction of flow.
(g)
Contours with intervals of five feet or less as required by
the Board, including elevations on existing roads. Approximate grading
plan if natural contours are to be changed more than two feet.
(h)
The width and location of any streets or public ways or places
shown on the Official Map or the Master Plan, if such exists, within
the area to be subdivided, and the width, location, grades and street
profiles of all streets or public ways proposed by the developer.
(i)
The approximate location and size of all proposed water lines,
valves, hydrants and sewer lines and fire alarm boxes. Connection
to existing lines and profiles of all proposed water and sewer laterals.
(j)
Storm drainage plan indicating the approximate location and
size of proposed lines and their profiles. Connection to existing
lines and all stormwater management facilities or alternate means
of disposal.
(k)
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.
(l)
Preliminary designs of any bridges or culverts which may be
required.
(m)
The proposed lot lines with approximate dimensions and area
of each lot.
(n)
Where the topography is such as to make difficult inclusion
of any of the required facilities within the public area as laid out,
the boundaries of proposed permanent easements over or under private
property, which permanent easements shall not be less than 20 feet
in width and which shall provide satisfactory access to an existing
public highway or other public highway or public open space shown
on the subdivision or the Official Map.
(o)
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 substantial monuments of such
size and type as approved by the Village Engineer, and shall be referenced
and shown on the plat.
(2)
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, shall
be submitted. The part of the subdivider's entire holdings submitted
shall be considered in the light of the entire holdings.
(3)
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract shall be submitted.
(4)
Such other information as the Planning Board may request.
R.
Major subdivision plat and accompanying data requirements. The following
documents shall be submitted for plat approval:
(1)
A Mylar delineating the plat, which shall be filed with the county
clerk.
(a)
The subdivision 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, an additional Mylar
of the same size shall be filed, showing to scale the entire subdivision
with lot and block numbers clearly legible.
(b)
The plat shall show:
[1]
Proposed subdivision name of identifying title and the name
of the Village and county in which the subdivision is located; the
name and address of record owner and subdivider; name, license number
and seal of the licensed land surveyor.
[2]
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
[3]
Sufficient data acceptable to the Village 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.
[4]
All dimensions and angles of lines of each lot shall also be
given. All dimensions shall be shown in feet and decimals of a foot.
The plat shall show the boundaries of the property, location, graphic
scale and true North point.
(c)
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
maintained and the provisions made therefor.
(d)
All offers of cession and covenants governing the maintenance
of unceded open space shall bear the certificate of approval of the
Village Attorney as to their legal sufficiency.
(e)
Lots and blocks within a subdivision shall be numbered and lettered
in alphabetical order in accordance with the prevailing Village practice.
(f)
Permanent reference monuments shall be shown and shall be constructed
in accordance with specification of the Village Engineer. When referenced
to the state system of plane coordinates, they shall also conform
to the requirements of the State Department of Public Works. They
shall be placed as required by the Village Engineer and their location
noted and referenced upon the plat.
(g)
All lot corner markers shall be permanently located satisfactorily
to the Village Engineer, at least 3/4 inch (if metal) in diameter
and at least 24 inches in length, and located in the ground to existing
grade.
(h)
Monuments of a type approved by the Village 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 Village Engineer.
(2)
Construction drawings, including plans, profiles and typical cross
sections, as required, show the proposed location, size and type of
streets, sidewalks, lighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, pavements and subbase, manholes,
catch basins and other facilities.
S.
Variances and waivers.
(1)
Where the Planning Board 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 variation will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or Chapter 220, Zoning, of the Code of the Village of Lake George, if such exists.
(2)
Where the Planning Board finds that, due to the special circumstances
of a particular plat, the provision 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 shall refer any variance request to the Zoning Board
of Appeals to potentially waive such requirements, subject to appropriate
conditions.
(3)
In granting variances and modifications, the Zoning Board of Appeals
shall require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
T.
Special consulting fees.
(1)
The Planning Board, in its review of subdivision applications, may
employ consultants, legal counsel, professional engineers and/or inspection
services to provide assistance and advice in the review of any application,
including on-site investigation, evaluation and inspection; verification
of the accuracy of information submitted; evaluation of the adequacy
of plans and the sufficiency of submitted reports; study of the impact
of proposals upon the resources and environment of the Village; preparation
and/or review of environmental impact statements; review of the design
and layout of improvements; inspection of installed improvements;
and such other services or technical assistance as the Planning Board
deems necessary for its review of the application.
(2)
All costs incurred for these special consulting services shall be
borne by the applicant. As further provided below, a deposit shall
be required in advance to cover the estimated cost of these services.
This deposit shall be in the amount determined by the Planning Board,
or its duly authorized agent, as sufficient to cover all such special
consulting costs based on current rates. Fees for the preparation
or review of environmental impact statements shall be as determined
by 6 NYCRR Part 617, adopted pursuant to Article 8 of the Environmental
Conservation Law.
(3)
The deposit due for the special consulting services deemed by the
Planning Board to be necessary for its appropriate review of any particular
application shall be filed by the applicant with the Village Clerk
by cash or check endorsed to the Village of Lake George. An application
shall not be deemed complete by the Planning Board until the requirements
of this section have been complied with.
(4)
After the Planning Board has rendered its decision on an application,
the balance of the deposit, if any, remaining in excess of actual
incurred costs shall be returned to the applicant without payment
of interest.
(5)
Payment of any deficiency in the amount of the deposit to cover incurred
costs in full shall be a condition to final approval of any application
by the Planning Board. No final approval shall be signed, stamped,
sent or otherwise valid until and unless such amount is paid.
U.
Lot line adjustments.
(1)
A lot line adjustment shall comply with the following criteria:
(a)
No new lots shall be created, and no existing lots shall be
deleted.
(b)
No lot shall be reduced below the minimum lot area, lot width,
or create any other nonconformity pursuant to the dimensional requirements
set forth in Schedule II. Should the proposed parcels be nonconforming
in nature, or an increase to any existing nonconformity, area variances
must be approved by the Zoning Board of Appeals in order for the lot
line adjustment to be allowed. In the event any variances are required
as part of any lot line adjustment, such amendment may also require
minor subdivision approval from the Planning Board.
(c)
The proposed adjustment does not alter public rights-of-way,
existing easements, or other lots.
(d)
The proposed adjustment does not conflict with Adirondack Park
Agency Regulations.
(2)
Permit requirements. Applications for a lot line adjustments are
available in the Planning and Zoning Office, and shall be submitted
to the Planning and Zoning Director for review with the following:
(3)
Procedure.
(a)
Upon receipt of a completed application, the Zoning Administrator
shall review the proposed lot line adjustment. The applicant and his
or her representative shall be notified of any concerns set forth
by the review which may delay approval of the applications.
(b)
The Zoning Administrator shall limit his or her review and approval
to a determination of whether or not modifications included in the
lot line adjustment will conform to state law and local ordinances,
and shall not impose conditions or exactions on the approval except
to conform to such ordinances, or to facilitate the relocation of
utilities, easements or improvements.
(c)
Within 30 days of the lot line adjustment application being
accepted as complete, the planning director shall approve, conditionally
approve, disapprove or notify the applicant and his or her representative
that the request does not meet the requirements of a lot line adjustment,
and may subsequently require Zoning Board of Appeals approval.
(d)
In the event any lot involved in a lot line adjustment is encumbered
by a mortgage, the approval of the mortgagee(s) shall be provided
prior to approval by the Zoning Administrator.
(4)
Filing. Filing for lot line adjustment shall not be considered final
until the exhibits and new legal descriptions, or amended deeds, reflecting
the adjustment have been recorded with the county.
The Village shall comply with the provisions
of the New York State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and its implementing regulations
as codified in Title Six, Part Six Hundred Seventeen of the New York
Codes, Rules and Regulations. Upon receipt of any complete application,
the Village or any officer, department, board or bureau of the Village
shall initiate the New York State environmental quality review process
by issuing a determination of significance.
