A.
Whenever any subdivision of land is proposed to be made, and before
any contract for the sale of or any offer to sell any lots in such
subdivision or any part thereof is made and before any permit for
the erection of a structure in such proposed subdivision shall be
granted, the subdivider or his duly authorized agent shall apply,
in writing, for approval of such proposed subdivision in accordance
with the following procedures.
B.
Future resubdivision. Where a parcel or tract of land is substantially
larger than the minimum size required in the zoning district in which
the parcel or tract is located, it may only be subdivided twice into
lots meeting the minium district requirements prior to seeking approvals
as for a major subdivision according to this chapter. Upon the third
subdivision application and any and all applications thereafter relative
to any parcel or tract of land, a subdivision plan for the entire
parcel or tract shall be required indicating plans for roadways, utilities,
lot arrangements and such other specifics so as to permit future resubdivision
in accordance with the requirements of this chapter.
[Added 11-12-1991]
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § A166-19 for the purposes of classification and preliminary discussion.
B.
Discussion of requirements and classification.
(1)
The subdivider or his duly authorized representative shall attend
the meeting of the Planning Board to discuss the requirements of these
regulations for street improvements, drainage, sewage, water supply,
fire protection and similar aspects, as well as the availability of
existing services and other pertinent information.
(2)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations. The Board may require, however, 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 §§ A166-5 and A166-9 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ A166-6, A166-7, A166-8, A166-9 and A166-10.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of these regulations and shall,
where it deems it necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application and fee.
(1)
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 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 § A166-20.
(3)
Fees may be waived in special circumstances at the discretion of
the Planning Board.
B.
Number of copies. Ten copies of the subdivision plat shall be presented
to the Clerk of the Planning Board at the time of submission of the
subdivision plat.
C.
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.
D.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § A166-20 of these regulations, has been filed with the Clerk of the Planning Board at a regular meeting of the Planning Board.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 45 days from the time of submission of the subdivision plat
for approval. Said hearing shall be advertised in a newspaper of general
circulation in the town at least five days before such hearing.
F.
Action on subdivision plat.
(1)
The Planning Board shall, within 45 days from the date of the public
hearing, act to conditionally approve with modification, disapprove
or grant final approval and authorize the signing of the subdivision
plat. This time may be extended by mutual consent of the subdivider
and the Planning Board. Failure of the Planning Board to act within
such time shall constitute approval of the plat.
(2)
Upon granting conditional approval with or without modification to
the plat, the Chairman and Secretary of the Planning Board shall sign
the plat upon compliance with such conditions and requirements as
may be stated in the Planning Board's 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 the Town
Clerk's office and a certified copy mailed to the subdivider.
The copy mailed to the subdivider shall include a certified statement
of such requirements which, when completed, will authorize the signing
of the conditionally approved plat. Upon completion of such requirements,
the plat shall be signed by the Chairman and Secretary of the Planning
Board. 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 a conditionally approved
plat may be submitted for signature, if, in its opinion, such extension
is warranted in the circumstances, for not to exceed two additional
periods of 90 days each.
A.
Application and fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "Preliminary Plat" and shall be in the form described in § A166-21 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § A166-21 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(3)
Fees may be waived in special circumstances at the discretion of
the Planning Board.
B.
Number of copies. Ten copies of the preliminary plat shall be presented
to the Clerk of the Planning Board at the time of submission of the
preliminary plat.
C.
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.
D.
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,[1] if such exist.
E.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § A166-21 of these regulations, has been filed with the Clerk of the Planning Board at a regular meeting of the Planning Board.
F.
Approval of the preliminary plat.
(1)
Within 45 days after the receipt of such preliminary plat by the
Clerk of the Planning Board, the Planning Board shall hold a public
hearing, which hearing shall be advertised at least once in a newspaper
of general circulation in the town at least five days before such
hearing. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public
consideration of such preliminary plat. Within 45 days after the date
of such hearing, the Planning Board shall approve with or without
modification or disapprove such preliminary plat, and the grounds
of a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board. The time in which the
Planning Board must take action on such plat may be extended by mutual
consent of the subdivider and the Planning Board. When so approving
a preliminary plat, the Planning Board shall state, in writing, modifications,
if any, as it deems necessary for submission of the plat in final
form. Within five days of the approval of such preliminary plat, it
shall be certified by the Clerk of the Planning Board as granted preliminary
approval and a copy filed in the Town Clerk's office, a certified
copy mailed to the owner and a copy forwarded to the Town Board. Failure
of the Planning Board to act within such forty-five-day period shall
constitute approval of the preliminary plat.
(2)
When granting approval to a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to:
(a)
The modifications to the preliminary plat.
(b)
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.
(c)
The amount of improvement or the amount of all bonds therefor
which it will require as prerequisite to the approval of the subdivision
plat.
(3)
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 design submitted on the preliminary plat as a guide to the
preparation of the plat, which will be submitted for approval of the
Planning Board and for recording upon fulfillment of the requirements
of these regulations. 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 at the public hearing.
A.
Application for approval and fee. 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 blank available from the Clerk
of the Planning Board. If the final plat is not submitted within six
months after the approval of the preliminary plat, the Planning Board
may refuse to approve the final plat and require resubmission of the
preliminary plat.
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the final approval of the Planning Board shall provide the
Clerk of the Board with a copy of the application and three copies
[one copy in ink on linen or an acceptable equal] of the plat, the
original and one true copy of all offers of cession, covenants and
agreements and two prints of all construction drawings.
C.
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the applications for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § A166-22 of these regulations, has been filed with the Clerk of the Planning Board at a regular meeting of the Planning Board.
D.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the State Department of Health. Applications for approval
of plans for sewer or water facilities will be filed by the subdivider
with all necessary town, county and state agencies. Endorsement and
approval by the State Department of Health shall be secured by the
subdivider before official submission of subdivision plat.
E.
Public hearing. Within 45 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing; provided, however, that, when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § A166-6 and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
F.
Action on proposed subdivision plat.
(1)
The Planning Board shall, by resolution, conditionally approve, conditionally
approve with or without modification, disapprove or grant final approval
and authorize the signing of such plat within 45 days of its receipt
by the Clerk of the Planning Board if no hearing is held or, in the
event that a hearing is held, within 45 days after the date of such
hearing. This time may be extended by mutual consent of the subdivider
and the Planning Board. Failure to take action on a final plat within
the time prescribed therefor shall be deemed approval of the plat.
(2)
Upon resolution of conditional approval of such final plat, the Chairman
and Secretary of the Planning Board shall sign the plat upon completion
of such 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
the Town Clerk's office and a certified copy mailed to the subdivider.
The copy mailed to the subdivider shall include a certified statement
of such requirements which, when completed, will authorize the signing
of the conditionally approved final plat. 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 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
a conditionally approved plat may be submitted for signature, if,
in its opinion, such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
[Amended 5-7-1991; 4-7-1992]
A.
Improvements and performance bond.
(1)
After the Planning Board grants final approval of the subdivision plat, and before any building permits are issued, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:
(a)
In an amount set by the Planning Board, the subdivider shall
either file with the Town Clerk a certified check to cover the full
cost of the required improvements or the subdivider shall file with
the Town Clerk a letter of credit to cover the full cost of the required
improvements. Any such letter of credit shall comply with the requirements
of § 277 of the Town Law and, further, shall be satisfactory
to the Town Board and Attorney for the town as to form, sufficiency,
manner of execution and surety. A period of one year, or such other
period as the Planning Board may determine appropriate, in its discretion,
shall be set forth in the letter of credit within which required improvements
must be completed.
(b)
The subdivider shall complete all required improvements to the
Town Engineer, who shall file with the Planning Board a letter signifying
the satisfactory completion of all improvements required by the Board.
For any required improvements not so completed, the subdivider shall
file with the Town Clerk a letter of credit or certified check covering
the costs of such improvements and the costs of satisfactorily installing
any improvement not approved by the Town Engineer. Any such letter
of credit shall be satisfactory to the Town Board and Attorney for
the town as to form, sufficiency, manner of execution and surety.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b) above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a) above, such bond shall not be released until such a map is submitted.
B.
Modification of design of improvements. If, at any time before or
during the construction of the required improvements, it is demonstrated
to the satisfaction of the Town Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Town Engineer may, upon approval by
the Chairman of the Planning Board, authorize modifications, provided
that these modifications are within the spirit and intent of the Planning
Board's approval and do not extend to the waiver or substantial
alteration of the function of any improvements required by the Board.
The Town Engineer shall issue any authorization under this section
in writing and shall transmit a copy of such authorization to the
Planning Board at its next regular meeting.
C.
Inspection of improvements. At least 10 days prior to commencing
construction of required improvements, the subdivider shall notify
the Secretary of the Planning Board, in writing, of the time when
he proposes to commence construction of such improvements so that
the Planning Board may cause inspection to be made by a professional
engineer to assure that all town specifications and requirements shall
be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required
by the Planning Board. The subdivider shall pay the fees required
for the inspection by the professional engineer.
D.
Proper installation of improvements. If the Engineer shall find,
upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall report to the Town Board, Building
Inspector and Planning Board. The Town Board then shall notify the
subdivider and, if necessary, the bonding company and take all necessary
steps to preserve the town's rights under the bond. No plat shall
be approved by the Planning Board as long as the subdivider is in
default on a previously approved plat.
A.
Final approval and filing. Upon completion of the requirements in
§§ A166-07 and A166-8 above and notation to that effect
upon the subdivision plat, it shall be deemed to have final approval
and shall be properly signed by the Chairman and Secretary of the
Planning Board and may be filed by the applicant in the office of
the County Clerk. Any subdivision plat not so filed or recorded within
60 days of the date upon which such plat is approved or considered
approved by reasons of the failure of the Planning Board to act shall
become null and void.
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been given by the Planning 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 records of the County
Clerk.
A.
Public acceptance of streets. 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.
B.
Ownership and maintenance of recreation areas. When a park, playground
or other recreation area shall have been shown on a plat, the approval
of said plat shall not constitute an acceptance by the town of such
area. The Planning 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.
[Added 10-7-2003 by L.L. No. 12-2003]
A.
An applicant may request that the subdivision process be waived when
the proposed subdivision meets all of the following conditions:
B.
To request such waiver, the applicant shall complete the subdivision application, submit a sketch plan in accordance with § A166-4, and submit a narrative explaining the proposed subdivision. The Planning Board may, on a case-by-case basis and at its sole discretion, elect to waive the application fee.
C.
When such a waiver is requested, the Planning Board shall review
the sketch plan and approve or deny the waiver request. Approval may
be granted when it is determined that such lot line alteration would
not adversely affect the site's development; adversely impact
neighboring properties; alter the essential character of the neighborhood
or negatively impact the health, safety or welfare of Town residents.
D.
If the waiver is granted, the applicant shall file a survey map of the subdivision with the Saratoga County Clerk and the Town Planning and/or Building Department in accordance with § A166-8A(2). Any amendment to a previously filed map should be referenced and identified on the survey map to be filed. This survey map should have an original stamp and seal of a licensed surveyor and the signature of the duly authorized official of the Planning Board.
