[HISTORY: Adopted by the Common Council of the City of Glens
Falls as Ch. 102 of the 1967 Code. Sections 192-2D, 192-4, 192-5,
192-6, 192-7, 192-10 and 192-11 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
By authority of the resolution adopted by the Common Council,
pursuant to the provisions of Article 3 of the General City Law, the
Planning Board has the power and authority to approve plats for subdivisions
within the City of Glens Falls.
It is declared to be the policy of the City Planning Board to
consider land subdivisions as part of a plan for the orderly, efficient
and economical development of the city.
A.
Land to be subdivided shall be of such character that it can be used
for building purposes without danger to health or peril from fire,
flood or other menace.
B.
Proper provision shall be made with the city for drainage, water,
sewerage and other needed improvements.
C.
The proposed streets shall compose a convenient system conforming
to the Official Map and shall be properly related to the proposals
shown on the City Plan as it is adopted by the Planning Board. Streets
shall be of such width, grade and location as to accommodate the prospective
traffic, to afford adequate light and air and to facilitate fire protection.
In order that land be subdivided in accordance with this policy,
these regulations are hereby adopted.
[Amended 12-18-1997 by L.L. No. 8-1997]
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
subdividing owner or his authorized agent shall apply for and secure
approval of such proposed subdivision in accordance with the following
procedures, which include, basically, two steps:
[Amended 12-18-1997 by L.L. No. 8-1997]
A.
Discussion of requirements. Before preparing the preliminary plat,
the applicant shall discus with the Planning Board or its representative
the requirements for reservations of land, street improvements, drainage,
sewerage, water, fire protection and similar aspects, as well as the
availability of existing services. The applicant must also discuss
the preliminary plat with the State Health Department, whose approval
is required by these regulations and which must eventually approve
any final plat coming within its jurisdiction.
B.
Application procedure. Prior to filing an application for the approval
of a final plat, the applicant shall file an application for the approval
of a preliminary plat. The application shall:
(1)
Be made on forms available at the office of the City Clerk.
(2)
Include all land which the applicant proposes to subdivide.
(3)
Be accompanied by three copies of the preliminary plat, as described in § 192-10 of these regulations.
(5)
Be presented to the Chairman of the Planning Board.
(6)
Be accompanied by a fee of $100, plus $25 per acre for each acre
or part thereof. If the applicant subsequently elects not to file
an application for approval of a final plat, 1/2 of the fee shall
be returned.
(7)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of §§ 220-50 through 220-57 of the City Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in the aforementioned Code sections. The approved preliminary subdivision plat shall be consistent with the provisions of said Code provisions.
[Added 8-28-2007 by L.L. No. 9-2007]
C.
Applicant to attend Planning Board meeting. The applicant shall then
be prepared to attend the next regular meeting of the Planning Board
to discuss the preliminary plat.
D.
Study of preliminary plat. 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 City Plan and the Official Map.
E.
Required changes for tentative approval. After discussion of the
preliminary plat, the Planning Board will advise the applicant, in
writing, of the specific changes it will require in the plat and the
character and extent of required improvements and reservations which
it will require as a prerequisite to the approval of the final plat.
This shall constitute tentative approval of the preliminary plat.
[Amended 12-18-1997 by L.L. No. 8-1997]
A.
Application procedure. Within six months of the tentative approval
of the preliminary plat, the applicant shall file with the Planning
Board an application for approval of a final plat. The application
shall:
(1)
Be made on forms provided by the Planning Board at the time of the
tentative approval of the preliminary plat.
(2)
Include the entire subdivision or a section thereof which derives
access from a street on the Official Map, which street is improved
to City standards, or for which street a bond covering such improvement
is held by the City.
(3)
Be accompanied by three copies of the final plat and the construction detail sheets, as described in § 192-11 of these regulations.
(4)
Comply in all respects with the preliminary plat as tentatively approved.
(5)
Be presented to the Chairman of the Planning Board at least two weeks
prior to a regular meeting of the Board in order that a public hearing
may be scheduled and the required five days' notice given.
(6)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of §§ 220-50 through 220-57 of the City Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in the aforementioned Code sections. The approved final subdivision plat shall be consistent with the provisions of said Code provisions.
[Added 8-28-2007 by L.L. No. 9-2007]
B.
Official submittal date. The final plat shall be considered officially
submitted only at the regular meeting of the Planning Board following
completion of the application procedure outlined above.
C.
Public hearing. Before the Planning Board acts on any final plat,
it shall hold a public hearing thereon.
D.
Action on proposed final plat. After careful study, the Planning
Board may, within 45 days from the official submittal data of the
final plat, approve, modify or disapprove such plat. The grounds for
disapproval of any plat shall be stated on the records of the Planning
Board. A final plat shall not be signed by the authorized officers
of the Planning Board until the applicant has met all the conditions
of the action granting approval of such plat.
E.
Plat void if revised after approval. No changes, ensures, modifications
or revisions shall be made in any final plat after approval has been
given by the Board and endorsed, in writing, on the plat. In the event
that any final plat, when recorded, contains any such changes, the
plat shall be considered null and void, and the Board shall institute
proceedings to have said plat stricken from the records of the County
Clerk.
F.
Signing of final plat.
(1)
Every final plat submitted to the Board for its approval shall carry
the following endorsement:
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Approved by resolution of the Planning Board of the City of
Glens Falls, New York, on the _____ day of _____, 20___, subject to
all requirements and conditions of said resolution. Any change, erasure,
modification or revision of this plat, as approved, shall void this
approval. Signed this _____ day of __________, 20___.
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By ____________________________________
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Chairman
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_______________________________________
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Secretary
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(2)
In the absence of the Chairman or Secretary, the Acting Chairman
or Acting Secretary, respectively, may sign in his place.
[Amended 12-18-1997 by L.L. No. 8-1997]
Where improvements such as sewerage, water and streets are not
provided by the City, the following shall apply:
A.
Performance bond. Prior to an action by the Planning Board approving
a final plat, the applicant shall be required to complete, in accordance
with the Planning Board's decision and to the satisfaction of the
appropriate City departments, all the street, sanitary and other improvements
specified in the action approving said plat or, as an alternative,
to file with the Common Council a bond in an amount estimated by the
Planning Board to secure to the City the satisfactory construction
and installation of the incompleted portion of the required improvements.
A period of one year or such other period as the Planning Board may
determine appropriate, within which required improvements must be
completed, shall be specified by the Planning Board and expressed
in the bond. Such performance bond shall be satisfactory to the Common
Council as to form, sufficiency and manner of execution. The bond
shall provide that an amount determined adequate by the Planning Board
shall be retained for a period of one year after the date of completion
of the required improvements to assure their satisfactory condition.
All required improvements shall be made by the applicant at his expense
without reimbursement by the city or any district therein.
B.
Inspection of improvements. The city shall employ an inspector to
act as agent of the Planning Board for the purpose of assuring the
satisfactory completion of improvements required by the Planning Board
and shall determine an amount sufficient to defray the costs of inspection.
The applicant shall pay the city the costs of inspection before the
final plat is signed for filing. If the Planning Board or its agent
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the approved construction
detail sheets, the applicant and the bonding company will be severally
and jointly liable for the costs of completing said improvements according
to specifications.
C.
No building permits shall be issued for construction on any lots
in any new subdivision until such time as new or improved roads or
streets fronting said lots have been approved and accepted by the
appropriate city agencies.
D.
Building permit. The Building Inspector, before issuing any building
permit for the construction of any structure within any subdivision,
must first be notified, in writing, by the Department of Public Works
Superintendent or his representative that all improvements have been
made to the subdivision and that the city has accepted said improvements
according to the agreement set by the applicant and the Planning Board
and that the performance bond has been secured in the amount determined
by the Planning Board in accordance with Subsection A(1) and (2).
As to utilities required by the Planning Board, the Board may
accept assurance from each public utility company whose facilities
are proposed to be installed. Such assurances shall be in writing,
addressed to the Board, stating that such public utility company will
make the installations necessary for the furnishing of its services
within a specified time, in accordance with the approved construction
detail sheets.
Permanent monuments shall be set at block corners and at intervals
of approximately 500 feet or such other distance as the Planning Board
may deem necessary.
Preliminary plats submitted to the Planning Board shall be drawn
to a convenient scale, not less than one inch equals 100 feet and
shall show the following information:
A.
The location of the property with respect to surrounding property
and streets. There shall also be included an area map at a scale of
one inch equals 400 feet, showing all streets and property within
1,000 feet of the applicant's property. All property held by the applicant
in the area should be identified.
B.
The location and approximate dimensions of all existing property
lines, including the entire area proposed to be subdivided and the
remainder of the tract owned by the subdividing owner.
C.
All pertinent features, such as existing structures, streets, railrcada,
water bodies, streams, swamps and large trees, that may influence
the design of the subdivision, and topography at a contour interval
of not more than five feet, unless waived by the Planning Board.
D.
The location, width and approximate grade of all proposed streets.
Approximate elevations shall be shown at the beginning and end of
each street, at street intersections and at all points where there
is a decided change in the slope or direction.
E.
The approximate location and dimensions and area of proposed or existing
lots.
F.
The approximate location and dimensions of all property proposed
to be set aside for playground or park use.
G.
The names of all adjoining property owners of record or the names
of adjoining developments.
H.
The name and address of the owner or owners of land to be subdivided,
the name and address of the subdivider, if other than the owner, and
the name of the land surveyor.
I.
The date, approximate true North point and scale.
J.
Proposed provisions for water supply, fire protection, disposal of
sanitary waste, stormwater drainage, street trees, street-lighting
fixtures, street signs and sidewalks, the date of which must be available
for consideration at this stage.
Final plats shall be accompanied by separate construction detail
sheets, and both shall be submitted to the Planning Board for approval
as follows:
A.
Drawing, scale and size of plat and construction detail sheets. The
final plat and construction detail sheets shall be clearly and legibly
drawn on transparent linen tracing cloth with black waterproof ink.
In areas zoned for lots of minimum size of 8,500 square feet or more,
maps and profiles shall be at a scale of one inch equals 100 feet.
In areas zoned for lots less than 8,500 square feet, maps and profiles
shall be at a scale of one inch equals 50 feet. Maps shall be on uniform-size
sheets not larger than 36 inches by 48 inches. Whenever any project
is of such size that more than one sheet is required, then an index
map on the same size sheet shall accompany these sheets.
B.
Information to be shown on plat. Plats shall show the following information:
(1)
The proposed subdivision name or identifying title, which shall not
duplicate or too closely approximate that of any other development
in the city.
(2)
The date, approximate true North point and scale.
(3)
The name, address and signature of the owner, subdivider and licensed
engineer or land surveyor.
(4)
The names of owners of record of abutting properties or developments.
(5)
The locations and widths of existing streets, highways and easements,
building lines, parks and other public properties.
(6)
The locations and widths of all streets and sidewalks, together with
the names of streets and the location, dimensions and status of all
easements proposed by the subdivider.
(7)
Lot areas, in square feet.
(8)
Lot lines, with accurate dimensions and bearings of angles.
(9)
Sufficient data to determine readily the location, bearing and length
of all lines and to reproduce such lines upon the ground.
(10)
The radii of all curves and lengths of arcs.
(11)
The location, material and approximate size of all monuments.
