By the authority of the resolution of the Town Board of the
Town of Lake George, adopted on September 11, 1978, pursuant to the
provisions of Article 16 of the Town Law of the State of New York,
the Planning Board of the Town 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 that part of the Town of Lake George
outside the limits of any incorporated city or village.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
CLASS A REGIONAL SUBDIVISION
A subdivision which is classified as a Class A Regional Project
in Section 810 of the Adirondack Park Agency Act, and set out in Appendix A hereof.
CLASS B REGIONAL SUBDIVISION
A subdivision which is classified as a Class B Regional project
in Section 810 of the Adirondack Park Agency Act, and set out in Appendix B hereof.
CLERK OF THE PLANNING BOARD
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for all purposes of these regulations.
COLLECTOR STREET
A street or portion thereof which collects and distributes
traffic to local streets and provides access to main arterials. Traffic
in both weight and volume is considerably greater than local street
traffic.
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
LOCAL STREET
Residential (type) streets used primarily by passenger cars
and light trucks which serve dwellings along the streets. Only occasional
heavy truck traffic. Provides for through traffic.
MAJOR STREET
Major thoroughfares that connect residential areas with the
principal business sections. They carry traffic generated by local
and collector streets and frequently serve through traffic to and
from outlying rural areas.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, including
but not limited to a subdivision requiring any new street or extension
of municipal facilities.
MASTER OR COMPREHENSIVE PLAN
A Comprehensive Plan, prepared by the Planning Board, pursuant
to § 272-a of the Town Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
Town and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
MINOR STREET
Streets used primarily by its residents, with very limited
or no through traffic.
MINOR SUBDIVISION
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map or Zoning Ordinance, if such exists; or these regulations.
MOBILE OR MANUFACTURED HOME
Any vehicle or similar portable structure or any part thereof
or addition thereto, with or without a foundation or wheels, jacks,
skirting, wood or masonry block supports, designed or constructed
to be towed on its own chassis (comprised of frame and wheels), driven
or otherwise transported to its resting site and which is designed
to permit occupancy for residential, business, commercial or office
purposes. Such will include units that may contain parts that may
be folded, collapsed or telescoped when being towed and expanded later,
as well as two or more separate components designed to be joined into
one integral unit, but excluding modular homes.
MODULAR HOME
Any building comprised of two or more components, with or
without their own chassis, capable of being transported to their building
site and permanently joined into one integral unit which is indistinguishable
in appearance from a conventionally built home, including but not
limited to a sloped roof and permanent foundation.
OFFICIAL MAP
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
PRELIMINARY PLAT
A drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in §
150-28 of these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
SKETCH PLAN
A sketch of a proposed subdivision showing the information specified in §
150-26 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
STREET
Includes streets, roads, avenues, lanes or other traffic
ways between right-of-way lines.
STREET PAVEMENT
The wearing or exposed surface of the roadway used by vehicular
traffic.
STREET WIDTH
The width of right-of-way, measured at right angles to the
centerline of the street.
SUBDIVIDER
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
SUBDIVISION
A.
A division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy by any person or by
any other person or any group of persons acting in concert as part
of a common scheme or plan; provided, however, that this shall not
apply to conveyances of small amounts of land to correct a boundary
of a lot so long as such conveyance does not create additional lots.
B.
Includes any map, plot or other plans, whether or not previously
filed. It also includes any grading, road construction, installation
of utilities or other improvements or any other land use or development
preparatory or incidental to such activity. It does not include the
lease of land for hunting or fishing and other open space recreational
uses.
SUBDIVISION PLAT or FINAL PLAT
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the office of the County Clerk or Register.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
ZONING OFFICER
Also known as the Planning and Zoning Director, the Zoning
Officer is in charge of the Planning and Zoning Office and is responsible
for administration of the Zoning Ordinance, as well as making determinations,
completing plan review, and assisting the Planning Board and Zoning
Board of Appeals.
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, in accordance with the following procedures.
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or be evidence of any acceptance by the
Town of any street, easement or other open space shown on such subdivision
plat.
When a park, playground or other recreation area shall have
been shown on a plat, the approval of said plat shall not constitute
an acceptance by the Town of such area. The Planning Board shall require
the plat to be endorsed with appropriate notes to this effect. The
Planning Board may also require the filing of a written agreement
between the applicant and the Town Board covering future deed and
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any such recreation area.
Whereas pursuant to a resolution of the Town Board, the Planning Board has been empowered to modify the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter
175, Zoning, of the Code of the Town of Lake George, in accordance with the provisions of § 281 of the Town Law, in order to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures:
A. Standards.
(1) The Planning Board may make such modifications only with respect
to lands within the Land Conservation (LC), Residential Rural (RR),
Residential Medium Density (RM-2) and Residential Commercial Medium
Density (RCM-S2) zoning districts.
(2) The minimum acreage to which this section may be applicable shall
be two times the minimum lot area for the zoning district involved.
(3) No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district wherein such lands lie, as specified in Chapter
175, Zoning, of the Code of the Town of Lake George and as shown on the official Zoning Map.
(4) No subdivision shall be approved by the Planning Board pursuant to
this section which shall not reasonably safeguard for appropriate
use of adjoining land.
(5) In the event that the utilization of this section results in a plat
showing lands available for park, recreation or other municipal purposes
directly related to the plat, or in a plat showing lands to be retained
in open space in order to comply with the average density of lots
or dwelling units that is permitted in the zoning district wherein
such lands lie, the Planning Board, as a condition of plat approval,
may establish in the case of lands for parks, recreation or other
municipal purpose, such conditions on the ownership, use and maintenance
of such lands as it deems necessary to assure that preservation of
such lands for their intended purposes and may further, in the case
of lands to be retained in open space, require that such lands be
restricted by deed restriction, restrictive covenant, conveyance of
a scenic easement or other conservation restriction to the Town, or
other appropriate means against any development or land use inconsistent
with their retention in open space.
(6) The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter
175, Zoning, of the Code of the Town of Lake George.
B. Procedures.
(1) Request by subdivider. A subdivider may request the use of this section simultaneously with the submission of the sketch plan, as described in §
150-6. Any submission subsequent thereto shall require a resubmission of the sketch plan.
(2) Alternate sketch plan. A subdivider shall present for the Planning Board's consideration, along with a proposal utilizing the provisions of this section, an alternate sketch plan, with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter
175, Zoning, of the Code of the Town of Lake George, and shall meet all other standards for a buildable lot, including septic, water, roads, stream and slope considerations.
(3) Plat submission. Upon determination by the Planning Board that the
sketch plan utilizing the provisions of this section is suitable,
the procedures attendant to and subsequent to the sketch plan submission,
as set forth in this chapter, shall be followed in regular order.
(4) Local filing; notation on Zoning Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by §
150-11 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.
Prior to being offered for dedication to the Town, all streets
shall be completely graded, all underground utilities shall have been
installed in accordance with all provisions of this chapter, base
course of gravel shall have been placed, graded and completed and
taped, curbing and sidewalks as required shall have been installed
in conformance with the applicable standards as shown on the attached
schedule "Highway Cross Section and Specifications," Appendix D herein, and revegetation procedures shall have been utilized as
required by this section.
In areas where an approved public water supply is reasonably
accessible or procurable, the subdivider shall contract with the local
water distributing agency to make the water supply available for each
lot within the subdivided area. Water mains shall be provided by the
subdivider to specifications approved by the local agency and the
necessary trench shall be dug, the main laid and the trench backfilled
by the subdivider to the approval of the agency. Provisions shall
be made for adequate fire protection.
The following documents shall be submitted for plat approval:
A. A Mylar delineating the plat, which shall be filed with the County
Clerk.
(1) The plat shall be drawn at a scale of no more than 100 feet to the
inch and oriented with the North point at the top of the map. When
more than one sheet is required, an additional Mylar of the same size
shall be filed, showing to scale the entire subdivision with lot and
block numbers clearly legible.
(2) The plat shall show:
(a)
Proposed subdivision name of identifying title and the name
of the Town 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.
(b)
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
(c)
Sufficient data acceptable to the Town Engineer to determine
readily the location, bearing and length of every street line, lot
line, boundary line and to reproduce such lines upon the ground. Where
applicable, these should be referenced to monuments included in the
state system of plane coordinates, and in any event should be tied
to reference points previously established by a public authority.
(d)
The length and bearing of all straight lines, radii, length
of curves and central angles of all curves, tangent bearings shall
be given for each street. 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.
(3) 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.
(4) All offers of cession and covenants governing the maintenance of
unceded open space shall bear the certificate of approval of the Town
Attorney as to their legal sufficiency.
(5) Lots and blocks within a subdivision shall be numbered and lettered
in alphabetical order in accordance with the prevailing Town practice.
(6) Permanent reference monuments shall be shown and shall be constructed
in accordance with specification of the Town Engineer. When referenced
to the state system of plane coordinates, they shall also conform
to the requirements of the State Department of Public Works. They
shall be placed as required by the Town Engineer and their location
noted and referenced upon the plat.
(7) All lot corner markers shall be permanently located satisfactorily
to the Town 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.
(8) Monuments of a type approved by the Town Engineer shall be set at
all corners and angle points of the boundaries of the original tract
to be subdivided; and at all street intersections, angle points in
street lines, points of curve and such intermediate points as shall
be required by the Town Engineer.
B. Construction drawings, including plans, profiles and typical cross
sections, as required, showing 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.