Criteria for determining whether or not the division of a lot
constitutes a subdivision, and is thereby subject to the Village of
Saranac Lake Subdivision Regulations herein, shall be as follows:
A.
If, after the original lot is subdivided, two or more separate lots
exist, then said resulting lots would be considered a subdivision
and are subject to the requirements of these regulations.
B.
Landlocked resulting lots. Any proposed subdivision of land lot that
does not have frontage on a Village, county or state road is not permitted.
C.
Combining of lots. Combining of lawfully existing lots is permissible without Development Board review, provided that the resulting lot size, lot frontage and building locations in relationship to lot lines comply with all the requirements of this code. Therefore, prior to the combining of lawfully existing lots, a review by the Director as specified in Part 1, Article III, of this code is required.
D.
Lot line adjustment.
(1)
Lot line adjustments of lawfully preexisting lots that predate the requirements of subdivision approval by the Development Board are permissible without Development Board review, provided that the resulting lot configurations, lot sizes, lot frontages and building locations in relationship to lot lines comply with all the requirements of this code. Therefore, prior to adjusting a lawfully preexisting lot line, a review by the Director as specified in Part 1, Article III, of this code is required.
(2)
Lot line adjustments of lawfully existing lots that were approved
by the Development Board require review and approval by the Development
Board prior to filing with the County Real Property Tax Office.
All new lots created in the Village of Saranac Lake shall meet
all requirements of area, setbacks and frontage of this code. Except
when existing lots or portions of existing lots are combined and existing
buildings do not currently meet the setback requirements, the preexisting
nonconforming status of said setbacks shall remain on the new lot.
When any subdivision of land is proposed to be made within the
Village, and before any contract for the sale of or any offer to sell
such subdivided land or any part thereof is made, and before any construction
is begun and before any building permit shall be granted, subdivision
review and approval is required from the Development Board.
A.
The applicant/owner is encouraged to meet with the Director to discuss
a conceptual subdivision plan.
B.
The administrative review is intended to assist the applicant/owner
by providing an informal review of the proposed subdivision in relation
to this code and SEQR. Additionally, the review is an opportunity
for the applicant/owner to become familiar with the requirements of
the Village as they relate to the proper and lawful subdivision of
land and the review procedures associated with the subdivision process.
At the administrative review meeting the Director shall communicate
initial observations regarding the subdivision and the level of compliance
with this code.
C.
The Director shall also review the time frames and submission requirements
for formal review by the Development Board and may provide guidance
as to optimal methods to condense the review time frame. The review
conducted is also an opportunity to identify potential jurisdictions
of other involved agencies.
A.
Minor subdivision review procedure.
(2)
In consideration of the limited scope of minor subdivisions,
a one-step review procedure is required.
(3)
The submission of a complete minor subdivision application requires
the following:
(a)
In accordance with § 7-728 of Village Law, the applicant/owner
shall present a submission for minor subdivision at a Development
Board meeting. The date of the minor subdivision application submission
shall be the date of the meeting at which it is presented;
(b)
The minor subdivision application as filed shall consist of
six full-size copies and one electronic copy, in portable document
format (PDF), of the preliminary plat submission and shall include
the following:
[1]
All existing and proposed property lines, building setback lines,
easements and ROW lines, with dimensions, azimuths or angle data and
curve data;
[2]
A plat, to a scale not smaller than 50 feet to the inch, drawn
accurately to scale. All building lots, existing and proposed, shall
be shown on the plan;
[3]
A grading plan showing the existing and proposed grades with
positive drainage away from all structures. Limits of clearing shall
also be shown;
[4]
All monuments, iron pipes and bench marks;
[5]
The names of the owners of all adjacent properties;
[6]
Existing street names;
[7]
All property (if any) reserved by the applicant/owner or dedicated
to public use;
[8]
A house number for each lot, which shall also be the lot number;
[9]
A North arrow;
[10]
A standard titles block;
[11]
A map key;
[12]
The proposed use of each lot;
[13]
Contour lines at two-foot intervals to United
States Geological Survey datum;
[14]
Watercourses, marshes, rock outcrops and other
important land features;
[15]
Sanitary sewer laterals, storm drains, gas lines
and water laterals with all accessory structures, as required by the
Development Board;
[16]
Standards of accuracy in meeting Village of Saranac
Lake Subdivision Regulations shall be noted on the map and the signature
and seal of a professional engineer registered in New York State or
a qualified land surveyor under § 7208-n of the Education
Law of the State of New York;
[17]
All contiguous land owned or under option by the
applicant/owner shall be shown;
[18]
Percolation test results, soil-boring data and
subsurface information. The Village's Engineer(s), Code Enforcement
Officer, or other qualified inspector approved by the Director shall
be present to witness the digging of test holes;
[19]
Water elevations and subsurface information, including
groundwater elevation, shall be noted where appropriate;
[20]
All sheets shall be of a standard ANSI dimensions
but shall not be less than 11 inches by 17 inches. When more than
one sheet is required, all shall be the same size and an overall plan
of the same size shall be provided showing the entire subdivision
and utilities at a smaller scale;
[21]
Request for any zoning changes proposed for the
area to be subdivided;
[22]
A draft of any protective covenants whereby the
applicant/owner proposes to regulate land use in the subdivision and
otherwise protect the proposed development;
[26]
More detailed information as may be required by
the Development Board.
B.
Minor subdivision review.
(1)
A site visit by the Board with the applicant/owner may be scheduled
at a mutually convenient date and time. Temporary stakes showing proposed
lot corners or other markings may be requested as a means to orient
Board members when they visit the site.
(2)
Public hearing and notice: The Development Board shall fix a reasonable time and place for a public hearing on any subdivision application for the minor subdivision if it deems such action would be in the public interest. Notice of the public hearing shall be provided in accordance with Part 1, § 106-20.
(3)
The Board shall render a decision within 45 days after the public
hearing and issue a notice of decision. The Board shall approve, approve
with conditions or disapprove the proposed plat. If the minor subdivision
is approved with conditions, the Board shall state specific conditions
or modifications that will be required prior to signature of the plat
by the Development Board Chairperson. The reasons for any conditions
and modifications shall be stated in writing. The time in which the
Development Board must take action on such plat may be extended by
mutual consent of the applicant/owner and the Development Board. Within
five days of the approval or approval with conditions of the plat,
it shall be certified by the Chairperson of the Development Board
as granted approval and a certified copy mailed to the applicant/owner
along with the notice of decision.
(4)
If the submission for minor subdivision is disapproved, the
Board shall state the reasons for its disapproval and mail a copy
of the notice of decision to the applicant/owner within five days
of the decision of the Development Board.
(5)
The action of the Board shall be noted in two copies of the
notice of decision, to which shall be attached reference statements
of any conditions and requirements determined by the Board. One copy
shall be returned to the applicant/owner and the other retained by
the Village.
(6)
If the submission for minor subdivision is disapproved, resubmissions
may be made within six months of the decision with no additional fees
required. A resubmission made after six months from the date of disapproval
shall be treated as a new submission and is subject to all applicable
fees.
A.
Review procedure for major subdivisions.
(1)
The review procedure for major subdivisions shall begin with
a calculation of density and open space requirements followed by a
three-step application and review process as described below.
B.
Purpose and intent. The purpose of this section is to implement the
recommendations in the Comprehensive Plan and the goals and objectives
of the Village LWRP. This section specifies the design requirements
and review and approval process for developments while preserving
open land, reducing sprawl, enhancing visual character, and conserving
environmental resources. These regulations shall be used as a tool
to effectively manage parcel growth in a manner that preserves the
Village's character, quality of life, and natural resources. The major
subdivision regulations are based upon conservation design as a required
technique for subdivisions involving more than four lots.
C.
Development Board review authority. Review and permit authority is
through the Development Board.
D.
Waiver. The Development Board may waive the design requirements in
cases where there are minimal environmental constraints, including
DEC, APA or the United States Army Corps of Engineers (ACOE) wetlands,
hydric soils or soils with high water tables, DEC-classified streams,
slopes greater than 15%, known ecologically sensitive habitats, and
where there are no lands with other open space value as determined
by the Development Board. If the Development Board determines that
the following design requirements are impractical, unfeasible or do
not meet the objectives of this section, the Board may waive, through
written findings, any further review required by this section;
E.
Procedure. The Development Board shall review applications for major subdivisions according to the following steps and procedures. In certain instances where the Development Board deems that the application, or any aspect thereof, requires third-party, professional services to assist the reviewing board, said Board may require, as part of the fee, a deposit to an escrow account in an amount sufficient to reimburse the Village for reasonably estimated costs of a consultant to be retained by the reviewing board in order to assist the board in reviewing the application in accordance with Part 1, § 106-18B.
F.
Step 1:
(1)
Conceptual review and submittal requirements.
(a)
Prior to the development of a preliminary plat, the applicant/owner
shall meet with the Development Board to discuss the proposed project.
The focus of this review is to determine the location and extent of
the area most suitable for open space and, secondarily, what area
is suitable for the subdivision of lots. The conceptual plat shall
include:
[1]
Site context map, which illustrates the lot in relation to its
adjacent neighborhoods. This map should be to scale and show various
kinds of major natural resource areas or features, particularly if
they cross lot lines or adjoining lands;
[2]
Site analysis map, which locates and describes noteworthy resources
that should be protected. This map identifies topography, boundaries,
intended density and the location of special resources and features.
Special resources and features include wetlands and steep slopes greater
than 15%, mature woodlands, hedgerows, farmland, unique or special
wildlife habitats, historic, archeological or cultural features, vistas,
unusual geologic formations, and scenic views onto and off of the
lot. Water bodies, significant or endangered plant life (where readily
definable), and general soil composition should also be identified
on the site analysis map. Site context and analysis maps may be combined.
All maps should be provided at a scale from one inch equals 100 feet
to one inch equals 200 feet;
[3]
Alternative layout(s) for the proposed development; and
(b)
Development Board review. The Development Board shall review
the conceptual plat for consistency with the intent of this section
and the goals and objectives of the Village LWRP and shall provide
written comments to the applicant/owner.
(2)
Additional review criteria for subdivisions seeking a cluster
development.
(a)
A cluster development shall not result in an increase in the
permitted number of building lots or dwelling units that could be
permitted, in the Development Board's judgment, if the land were subdivided
into lots conforming to the minimum lot size, setback requirements
and density requirements of the Village's Zoning Law.[1] However, where a proposed subdivision falls within two
or more contiguous zoning districts, the Development Board may approve
a cluster development representing the cumulative density of all units
allowed in the districts and may authorize any actual construction
to take place in all or any portion of one or more of such districts.
(b)
As a condition of plat approval, the Development Board may establish
any conditions on the ownership, use and maintenance of open space
areas or lands shown on the plat map, in order to assure the preservation
of the natural and scenic qualities of such open lands, and to assure
that they remain permanently dedicated as open space areas free from
development.
(c)
A cluster development may be located in any zoning district
where residential uses are allowed as listed in Schedule 1, Allowed
Uses, of this code.[2] A parcel proposed for multiple family dwellings must be
located in a zoning district that permits such use.
[2]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
(d)
A parcel that is the subject of a cluster development application
shall be large enough to reasonably accommodate the building lots
or buildings proposed for such use and to provide open space land
of a reasonable size and use.
(3)
Additional procedural requirements for subdivisions seeking
a cluster development.
(a)
In addition to other application materials required by these
regulations, an application for a cluster development shall show the
proposed open space(s) and their uses. The application shall include
a description of the ultimate proposed ownership and maintenance of
the open space areas.
(b)
If a cluster development includes multiple-family dwellings,
either as a part of the proposal or the entire proposal, the applicant
shall submit a site plan that shows the open space areas; building
locations; building elevations; and driveways, streets and parking
areas. A landscaping plan is also required.
(c)
All cluster developments shall contain open space that is equivalent
in area to the total reduction in lot size.
(d)
The open space may be publicly or privately owned.
(e)
If the open space is offered for dedication to the Village of
Saranac Lake, the Village Board of Trustees shall decide whether or
not to accept the open space dedication. In making its determination,
the Board shall consider the intended use of the land, the size and
location of the land, the availability of the open space to the public,
and the cost of development and/or maintenance of such open space.
(f)
If the open space is owned by a homeowners' association or some
other entity, the Planning Board, at its discretion, may impose further
restrictions in furtherance of the purpose for cluster development.
(g)
The open space may be used for active or passive recreation
or to preserve significant scenic or natural features of the site.
(h)
The usability of open space intended for a recreational or public
use shall be determined by the size, shape, topography, and location
of the open space in relation to the particular use proposed for that
site.
(i)
Open space intended for a recreational or public use shall be
easily accessible.
(j)
Open space may include significant natural features, such as,
but not limited to, stream beds, floodplains, significant stands of
trees, scenic vistas, and rock outcroppings.
(4)
Additional review procedure and criteria for subdivisions seeking
to utilize incentive zoning.
(b)
An application for incentive zoning shall be made be at Step 1, Conceptual review, as provided for in Part 3, § 106-122F(1). In addition to the specified requirements for a Step 1 submission, an application for incentive zoning will include the following information:
[1]
A concept plan showing the site developed to its fullest extent
under the conventional provisions of this code;
[2]
A concept plan showing the connection points to the Village
water and sewer system;
[3]
An alternative concept plan showing the site developed in a
manner that incorporates the desired incentive and amenities to be
provided;
[4]
A narrative which describes the benefits to be provided to the
community by the proposed amenities;
[5]
A narrative which provides a preliminary indication that there
is adequate sewer, water, transportation, waste disposal and fire-protection
facilities in the zoning district in which the proposal is located
to handle the additional demands the incentive and amenity may place
on these facilities beyond the demand on them as if the site were
developed to its fullest extent under the regulations in this code;
[6]
A narrative which explains how the amenity helps implement the
vision and policies of the Comprehensive Plan and the goals and objectives
of the Village LWRP;
(c)
Review. The Development Board shall use the following criteria
in its review of the amenities offered:
[1]
The adequacy of the proposed connection to the Village water
and sewer system and the capacity of the system to provide the water
requested and to collect and treat the anticipated wastewater from
the proposed development;
[2]
The suitability of the site(s) for the type of open space preservation
proposed, the physical characteristics of the land and the relation
of the proposed development to surrounding existing and probable future
development;
[3]
That the proposal is conceptually sound, is consistent with
the Comprehensive Plan, the Village 2012 Bicycle, Pedestrian and Trail
Master Plan, and goals and objectives of the Village LWRP, and meets
local and area-wide needs;
[4]
Verification that the area in which the proposal is to be located
has adequate transportation and fire-protection facilities to serve;
and
[5]
The remaining vacant land on the site as though it were developed
to its fullest potential under the zoning regulations in effect at
the time of the amenity/incentive proposal.
(d)
In order to approve an incentive proposal, the Village Development
Board shall determine that the requirements of SEQR have been met
and the proposed amenity provides sufficient benefit to the residents
of the Village. Thereafter, the Village Development Board is authorized
to act on an application for approval pursuant to this section.
(e)
The Village Development Board may impose conditions on a project
to ensure that the above findings are ensured through the subsequent
plan review and construction phases of the project.
(f)
Upon a favorable decision of the Village Development Board, an application shall be submitted for Step 2, Preliminary plat review, as provided in Part 3, § 106-122G, and pursuant to the applicable provisions of this code. Failure to submit the application to the Development Board within six months of approval shall render any incentive zoning granted hereunder null and void unless extended by resolution of the Village Development Board for a maximum of six additional months.
G.
Step 2:
(1)
Preliminary submittal requirements. The preliminary plat is
a formalization of the conceptual design and involves submission of
information that shall be completed by a certified professional. The
submission of a complete preliminary plat application requires the
following:
(a)
A completed Village of Saranac Lake preliminary plat application
form, including seven hard copies and one electronic copy in portable
document format (PDF);
(b)
A preliminary plat to a scale not smaller than 50 feet to the
inch, drawn accurately to scale, with approximate dimensions shown,
and including all the information required for a final plat, except
monuments and iron pipes and the certification of standards of accuracy;
(c)
Request for any zoning changes proposed for the area to be subdivided;
(d)
A complete Part 1 of an EAF as per SEQR. A short form EAF or full EAF shall be required depending upon the type of SEQR action involved;
(e)
Conditions of dedication of any areas proposed to be dedicated
to public use and the areas so marked and delineated on the plat;
(f)
Verification of the extent of the lands regulated by law. Graphically
represent the limitations imposed by this regulation identified in
the site analysis map;
(g)
Identification of dedicated open space areas as agreed upon
during the conceptual review, including proposed improvements such
as trails. Also identify the intended plan for the ownership, use
and maintenance of the dedicated open space;
(h)
Location of housing sites in a manner that meets the intent
of this section plus delineates the private yards and shared amenities
so as to provide a rational integrated community;
(i)
Positioning of property lines so that no property has less than
the required minimum lot sizes listed in Schedule 2, Dimensional Standards;[3]
[3]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(j)
All existing and proposed property lines, building setback lines,
easements and ROW lines with dimensions, azimuths or angle data and
curve data;
(k)
All monuments, iron pipes and bench marks;
(l)
The names of the owners of all adjacent properties;
(m)
Street name and signs. An indication as to the proposed location
of signs approvable by the Village Department of Public Works. In
addition, streets or other major public or private improvements planned
for future construction on or near the proposed subdivision;
(n)
Alignment of streets and community pathways to adequately connect
the previously established residential sites;
(o)
All property reserved by the applicant/owner or dedicated to
public use;
(p)
A house number for each lot, which shall also be the lot number;
(q)
A North arrow;
(r)
A standard titles block;
(s)
A map key;
(t)
The proposed use of each lot;
(u)
Standards of accuracy meeting Village of Saranac Lake Subdivision
Regulations shall be noted on the map;
(v)
Contour lines at two-foot intervals to United States Geological
Survey datum;
(w)
Watercourses, marshes, rock outcrops and other important land
features;
(x)
ROW lines, street paving and street stationing;
(y)
Sewer and water connections, streets, sidewalks and stormwater
control measures must meet the Village standards. When planning for
stormwater control measures, the Village may require access to certain
areas of the dedicated open space;
(z)
All contiguous land owned or under option by the applicant/owner
shall be shown with percolation tests, soilboring data and subsurface
information. The Village's Engineer(s) and/or Building Inspector shall
be present to witness the digging of test holes;
(aa)
Water elevations and subsurface information, including groundwater
elevation, shall be noted where appropriate;
(bb)
All sheets shall not exceed 30 inches by 42 inches and shall
not be less than 11 inches by 17 inches. When more than one sheet
is required, all shall be the same size and an overall plan of the
same size shall be provided showing the entire subdivision and utilities
at a smaller scale;
(cc)
If applicable, preliminary designs of bridges and culverts (final
designs if construction is to proceed final review);
(dd)
If applicable, a draft of any protective covenants whereby the
applicant/owner proposes to regulate land use in the subdivision and
otherwise protect the proposed development;
(ff)
More detailed information as may be required by the Development
Board as a part of the preliminary submission in special cases.
(2)
Preliminary plat review.
(a)
In accordance with § 7-728 of Village Law, the applicant/owner
shall present a preliminary submission at a Development Board meeting.
The date of the preliminary submission shall be the date of the meeting
at which it is presented.
(b)
A field walk by the Board with the applicant/owner may be scheduled
at a mutually convenient date and time. Temporary stakes showing street
center lines may be requested as a means to orient Board members when
they visit the site.
(d)
The Board shall communicate to the applicant/owner, in writing,
within 45 days after the public hearing, its decision concerning the
preliminary submission. If the preliminary submission is approved,
the Board shall express its approval as conditional approval and state
specific modifications, if any, which shall be required in the final
submission. If modifications are required, the reasons therefor shall
be given. The time in which the Development Board must take action
on such plat may be extended by mutual consent of the applicant/owner
and the Development Board. Within five days of the approval of the
preliminary plat, it shall be certified by the Chairperson of the
Development Board as granted preliminary approval and a certified
copy mailed to the applicant/owner.
(e)
If the preliminary submission is disapproved, the Board shall
state the reasons for its disapproval.
(f)
The action of the Board shall be noted in two copies of the
resolution of decision, to which shall be attached reference statements
of any conditions and requirements determined by the Board. One copy
shall be returned to the applicant/owner and the other retained by
the Board.
(g)
If the preliminary submission is disapproved, resubmissions
may be made with no additional fees required. A resubmission made
after six months from the date of disapproval may be treated like
a new submission. No additional application fee shall be required.
H.
Step 3:
(1)
Final plat submission requirements. The final plat is the concluding
step in the major subdivision review process and shall also be completed
by a certified professional. The submission of a complete final plat
submission requires the following:
(a)
A completed final subdivision application form consisting of
one copy drawn in ink on Mylar or black-line prints on reproducible
permanent material acceptable to the Board, six hard copies and one
electronic copy in portable document format (PDF), to a scale not
smaller than 50 feet to the inch;
(b)
All existing and proposed property lines, building setback lines,
easements and ROW lines with dimensions, azimuths or angle data and
curve data;
(c)
All monuments, iron pipes and bench marks;
(d)
The names of the owners of all adjacent properties;
(e)
Street names, existing and proposed;
(f)
All property reserved by the applicant/owner or dedicated to
public use;
(g)
A house number for each lot, which shall also be the lot number;
(h)
A North arrow;
(i)
A standard title block;
(j)
A map key;
(k)
The proposed use of each lot;
(l)
Standards of accuracy meeting Village of Saranac Lake Subdivision
Regulations shall be noted on the map and the signature and seal of
a professional engineer registered in New York State or a qualified
land surveyor under § 7208-n of the Education Law of the
State of New York;
(m)
Contour lines at two-foot intervals to United States Geological
Survey datum;
(n)
Watercourses, marshes, rock outcrops and other important land
features;
(o)
ROW lines, street paving and street stationing;
(p)
Sanitary sewers, storm drains, gas lines and water lines with
all accessory structures, as required by the Development Board, and
a certificate of adequacy of the proposed water supply and sewerage
services as required by the Department of Health and/or the Environmental
Conservation Department of the State of New York and the Village of
Saranac Lake;
(q)
Street name signs. A letter of intent to install signs in locations
approved by the Village may be accepted as a substitute;
(r)
A plan/profile of each street and utility easement, including
one copy drawn in ink on Mylar or black line prints on reproducible
permanent material acceptable to the Board, plus five prints, with
a horizontal scale of not less than 50 feet to the inch and a vertical
scale of not less than five feet to the inch, showing the following:
[1]
All pavement, storm drains, sanitary sewers, gas lines and water
lines with all appurtenances, as required by the Development Board;
[2]
Pavement and utility stationing, including all horizontal and
vertical control point and grades;
[3]
The signature and seal of a professional engineer registered
in New York State or a qualified land surveyor under § 7208-n
of the Education Law;
[4]
A North arrow; and
[5]
A standard title block.
(s)
All lettering shall be neat and legible;
(t)
All sheets shall be of a standard ANSI dimensions but shall
not be less than 11 inches by 17 inches. When more than one layout
sheet is required, all shall be the same size and an index sheet of
the same size shall be provided, showing the entire subdivision to
an appropriate scale; and
(u)
In addition to the required drawings, the following documents
shall be submitted as part of the final a submission:
[1]
A deed description and proof of applicant/ownership of the land
to be subdivided;
[2]
A listing of protective covenants in a form for recording, including
covenants governing the maintenance of unceded public spaces or reservations;
[3]
The final design of bridges and culverts, unless included in
preliminary plat;
[4]
Such other certificates, affidavits, endorsements or agreements
as may be required by the Development Board in the enforcement of
these regulations;
[6]
More detailed information may be required by the Development
Board.
I.
Final plat review.
(1)
The applicant/owner shall submit an application for final plat
approval to the Development Board within six months of the date of
preliminary plat approval or conditional approval.
(2)
In the event that a final submission of the entire subdivision
or part of it is not made within six months from the date of the preliminary
plat approval, the application may be considered withdrawn and any
approval or waivers of required improvements by the Board may be considered
lapsed.
(3)
The date of the final plat submission shall be the date of the
meeting at which it is presented.
(4)
The final plat submission shall conform to the approved preliminary
plat and shall conform to any conditions and contain any modifications
required by the Board.
(5)
Dimensional requirements. All subdivided lots shall conform
to the dimensional requirements for the district or subdistrict in
which they are to be located. (See Schedule 2, Dimensional Standards.)[4]
[4]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(6)
Within 62 days from the date of final plat submission as defined
above, the Board shall approve, modify and approve, grant conditional
approval, or disapprove the final plat and issue a notice of decision
that shall be mailed to the applicant/owner.
(7)
If the final submission is approved by the Board, an appropriate
notation to that effect shall be made of the fact on the original
Mylar of the final plat submitted to the Board.
(8)
The applicant/owner shall file the approved final plat with
the office of the County Clerk within 62 days after approval by the
Board. If the final plat is not filed within this time, the approval
shall expire, as provided in § 7-728 of Village Law.
(9)
The applicant/owner may obtain building permits and begin building
construction only after filing of the final plat in the office of
the County Clerk.
(10)
If the final submission is disapproved, resubmissions may be
made within six months with no additional fee required. A resubmission
made six months or after from the date of disapproval will be treated
like a new submission with an application fee required.
(11)
Consultation with other agencies and officials. The Development
Board may consult with the Village Manager, Village Code Enforcement
Officer, Fire Chief, Parks and Trails Advisory Board, Village Department
of Public Works Superintendent, Village Engineer and/or designated
engineering consultants for the Village, other local and county officials,
the New York State Departments of Health (DOH), Environmental Conservation
(DEC), Transportation (DOT) and Adirondack Park Agency (APA).
The following design standards shall apply to all major subdivision
designs and shall govern the development and design process:
A.
Any dedicated open space, unless conveyed to the Village, shall include
standard language for access easements.
B.
The dedicated open space shall be perpetually preserved exclusively
for the purposes set forth herein and maintained in a manner which
will ensure its suitability for its intended purposes.
C.
Dedicated open space shall be contiguous where practicable and possible.
Contiguous shall be defined as being connected. These areas should,
if possible, form a continuous whole that ties together with similar
areas on similar sites, creating the potential for a network of green
space extending throughout the community. Dedicated open space will
still be considered connected if a roadway or an accessory amenity
separates it. The Development Board may waive this requirement for
all or part of the required areas where it is determined that allowing
noncontiguous dedicated open space will promote the goals of this
article.
D.
The landscape shall be preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal. Any grade changes
shall be in keeping with the general appearance of the adjacent neighboring
areas. The orientation of individual building sites will be designed
to maintain maximum natural topography and cover. Topography, tree
cover, and natural drainage ways shall be treated as fixed determinants
of road and lot configuration rather than as flexible elements that
can be changed to follow a preferred development scheme.
E.
Multi-modal transportation infrastructure and drainage facilities
shall be designed and located in such a manner as to achieve, to the
extent practicable, the elements of "complete streets"; maintain and
preserve natural topography, significant landmarks, and trees; minimize
cut and fill; and preserve and enhance views and vistas on or off
the subject lot. The location of stockpiles of demolition debris,
fill material, topsoil, etc., shall be identified. Ownership of stormwater
control facilities such as detention areas will be at the discretion
of the Board of Trustees. Ownership shall be determined prior to final
plat approval and noted on the final plat.
F.
The removal or disruption of historic, traditional or significant
uses, structures, or architectural elements shall be minimized insofar
as practicable, whether these exist on the site or on adjacent properties.
G.
The conservation subdivision design should be separated from neighboring
development by a visual buffer consisting of natural and landscaped
material, as determined by the Development Board.
H.
Pedestrian and bicycle accommodations and trails shall, to the maximum
extent practical, incorporate the recommendations of the Village's
2012 Bicycle, Pedestrian and Trail Master Plan and link residences
with parking areas, recreation facilities (including parkland and
public open space) and adjacent land uses where appropriate or in
accordance with any other adopted Village planning document.
I.
Ownership, use and maintenance of regulated lands and dedicated open
space areas shall occur under one or more of the following conditions:
(1)
Through a lawfully configured homeowners' association (HOA)
and required to be reviewed by and filed with the Village;
(2)
On individual lots, with deed restrictions or conservation easements;
(3)
Conveyed to a private or public land trust or government entity;
(4)
Conveyed to the Village for passive or active recreational use,
public facilities, infrastructure, or other such uses as determined
by the Village. The implementation of this option requires approval
by the Village Board of Trustees;
(5)
The Board of Trustees shall be consulted to determine the interest
of the Village prior to conceptual approval. The Village's implementation
of this section may be in the form of an easement, regulation, restriction,
or fee ownership of land;
(6)
Land identified in the open space, recreation and pathways plan
as valuable open space that is offered by the developer to the Village
shall receive a ten-percent density bonus;
(7)
Dedicated open space areas can be used for wastewater and stormwater
management and a mix of activities such as wildlife habitat and conservation,
historic preservation, education, outdoor education, recreation, park
purposes, agriculture, horticulture, forestry, or a combination of
these uses, and shall be served by suitable access for such purposes;
and/or
(8)
If the open space is to be owned and maintained by an HOA, it
is the intent of the conservation subdivision design that the HOA
own and maintain more uses than open space lands and stormwater drainage
systems. The Development Board will review what the HOA owns and maintains.
Possible ownership considerations will be, but are not limited to,
sidewalks, lighting, roadways, accessory buildings, recreational facilities
and equipment, stormwater structures, utility components, etc.
J.
Access drives.
(1)
Driveways accessing individual lots shall be kept to the minimum
width practicable.
(2)
Driveways accessing lots are encouraged to be shared to reduce
the number of access points to the public ROW.
(3)
Driveways shall approach the public ROW at a ninety-degree angle
to the extent practicable.
(4)
Driveways shall provide turnarounds which facilitate forward
entry of vehicles onto the public ROW where practicable.
The standards and specifications for single-family residential
subdivisions are contained in these regulations. Additional improvements
or improvements meeting more stringent standards and specifications
may be required by the Development Board for multifamily dwellings
and commercial and industrial subdivisions.
A.
Street layout.
(1)
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas.
(2)
Conform to a plan for the neighborhood approved or adopted by
the Development Board to meet a particular situation where topographical
or other conditions make continuance or conformance to existing streets
impracticable or undesirable.
(3)
All subdivision of lots in excess of 20 dwelling units containing
a street more than 1,000 feet in length shall have two means of access.
(4)
Local streets shall be designed so that their use by through
traffic shall be discouraged. However, the use of dead-end streets
is discouraged.
(5)
Where a subdivision abuts or contains a railroad ROW or controlled
access highway ROW, the Development Board may require a street approximately
parallel to and on each side of such ROW at a distance suitable for
the appropriate use of the intervening land, as for park purposes
in residential districts or for commercial or industrial purposes
in appropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
(6)
The Development Board shall require that street names be approved
by the appropriate County Highway Department or the Village Department
of Public Works (DPW) to avoid duplications or use of similarly sounding
or spelled names.
(7)
Public access shall be provided to streets, water plants, sewage
disposal plants or to other land dedicated or to be dedicated to public
use.
(8)
Where a subdivision is traversed by a watercourse, there shall
be a stormwater easement not less than 50 feet in width conforming
substantially with the lines of such watercourse and such further
width or construction, or both, as shall be adequate to confine a
design storm as specified in the subdivision storm drainage design
standards of this code.
B.
Blocks and lots.
(1)
The lengths, widths and shapes of blocks and lots shall be determined
with due regard to:
(a)
Zoning requirements;
(b)
Provision of adequate building sites suitable to the special
needs of the type of use contemplated;
(c)
The need for convenient access, circulation, control and safety
of street traffic;
(d)
Limitations and opportunities of topography;
(e)
Block length, which shall generally not exceed 600 feet. Where blocks must exceed 600 feet due to topographical or other constraints, a pedestrian walk shall be provided in accordance with § 106-124B(1)(f); and
(f)
The need for pedestrian walks not less than 10 feet in width,
property line to property line, which shall be required for blocks
over 600 feet long or where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation
and other community facilities or to implement a bicycle or pedestrian
trail network.
(2)
Land subject to flooding shall not be platted for residential
occupancy or for such other uses as may increase danger to life or
property or aggravate the flood hazard.
(3)
The subdividing of the land shall be such as to provide that
each lot abuts a public street which provides satisfactory access
via streets to an existing public street or highway.
(4)
Double-frontage and reverse-frontage lots shall be avoided except
where essential to provide separation of residential development from
arterial streets or other disadvantageous uses or to overcome specific
disadvantages of topography and orientation.
(5)
Side lot lines shall be substantially at right angles.
(6)
In case a tract is subdivided into larger lots than normal building
lots, such lots shall be arranged so as to allow the opening of future
streets and logical further subdivision.
D.
All new subdivisions shall be required to contain a thirty-foot easement
to facilitate access to drainage systems by the Village DPW.
A.
Purpose. The purpose of these regulations is to provide proper guidance
regarding development on lots in nonconventional locations (i.e.,
on street corners or along shorelines) or which are of an irregular
shape (i.e., flag lots).
B.
Lots bounded by two roads or road and shoreline. The definitions
of front, rear and side yard notwithstanding, where a lot is bounded
by two roads or a road and a shoreline, any front yard or setback
requirements set forth in this article shall be met on both such boundaries.
Either areas or sides of the lot adjacent to each road or shoreline
shall be considered front yards, and the dimensional requirements
for front yards shall apply. The remaining areas shall be considered
side yards, and the dimensional requirements for side yards shall
apply. The lot will be treated as if it has no rear yard, but only
front and side yards, for zoning compliance purposes.
C.
Flag lots. Flag lots result from subdivision of land that seeks to
maximize the number of lots along a ROW by minimizing actual frontage
of the lots on the ROW. The following regulations are intended to
guide basic principles of determining lot yards and lot measurements
on such lots:
(1)
Flag lots provide a "pole" that functions primarily as an accessway
from the street to the main body ("flag" portion) of the lot. Private
access easements shall not be allowed. See the Flag Lot Components
figure below:
 Flag Lot Components
|
(2)
A minimum width of 20 feet shall be maintained throughout the
length of the pole.
(4)
The pole portion shall be deemed to end, and the flag portion
of the lot shall be deemed to commence, at the extension of the front
property line.
(5)
Designation of property lines. The following requirements determine
the location of the front, side, and rear property lines of a flag
lot:
(a)
The front property line shall be the lot boundary that most
nearly parallels the public or private street providing access to
the lot, and which abuts the end of the pole, but does not include
the pole. If the pole is not at a ninety-degree angle to the front
property line, the front property line shall be calculated as if the
front property line continued by drawing an imaginary line to the
pole;
(b)
The side property line shall be any lot boundary that does not
abut a public or private ROW, and which is not a front or rear property
line, exclusive of the pole portion of the lot.
(c)
The rear property line shall be the lot boundary opposite the
front property line.
(6)
Measurement of flag lots. The determination of lot width and
depth for flag lots is as follows:
 Flag Lot Width/Depth
|
(7)
Lot depth. Lot depth shall be measured at the midpoints of the
front property line and the rear property line of the flag portion
of the lot as shown in the Flag Lot Width/Depth figure above. When
measuring the depth of a flag lot, the pole shall not be included.
See the Flag Lot Width/Depth figure above.
(8)
Lot width. Lot width shall be measured by a line connecting
two points on opposite side property lines that will result in a line
parallel to the front property line. When measuring the width of a
flag lot, the pole shall not be included. The width of the flag portion
of a lot shall comply with the minimum standards of the applicable
zoning district. See the Flag Lot Width/Depth figure above.
(9)
Minimum lot area. The flag portion of a flag lot shall comply
with the minimum area and dimensions required by the applicable residential
base zoning district.
(a)
For purposes of measuring the lot area, only the flag portion
shall be considered.
(b)
The flag portion of a flag lot shall not include the pole or
any other portion of the lot where lot width is less than the minimum
required by the applicable residential base zoning district. Where
the pole is not at a ninety-degree angle to the front property line
abutting the pole, the front property line shall be calculated as
if the front property line continued by drawing an imaginary line,
which will also illustrate the boundary of the main body of the lot.
All improvements granted final approval shall be constructed
in each new subdivision in accordance with the standards and requirements
established by the Development Board and in accordance with the condition
of the final approval. The applicant/owner may install such improvements
at his/her own cost and expense or may secure the formation of a special
district to install such improvements pursuant to pertinent laws of
the State of New York.
A.
It shall be the responsibility of the applicant/owner to provide
water lines, storm drains, sanitary sewers, bridges, street construction
and street pavement to the limits of the subdivision. These facilities
shall be constructed as required for inclusion in future Village infrastructure
systems. Each applicant/owner shall be responsible for the complete
construction to the specifications as approved by the Development
Board.
B.
All utilities (i.e., telephone, cable, electric), when deviating
from a straight-line course between the source and a house, shall
be so designated.
C.
Regarding wastewater discharge and treatment, all buildings in the
Village must connect to the Village sewer system.
D.
All utilities are to be underground unless documentation is submitted
proving that location underground is not feasible.
The Village streets and roads shall include both public and private streets and roads in all sections of this Part 3.
A.
Relationship to natural features. All streets and roads shall be
logically related to existing topography, soil, vegetation and other
natural features and shall be coordinated into a logical and efficient
system. All roads shall be arranged so as to obtain a maximum number
of building sites at or above the grade of the roads.
(1)
Grades of roads shall conform as closely as possible to the
original topography, except that in all cases the provisions concerning
road grades of this article shall be observed.
(2)
Installation of all utility distribution and service lines shall
be planned at the time road layout is determined. For these purposes,
areas with steep slopes, shallow soils or a water table at or near
the surface and soils that are highly susceptible to erosion or slippage
shall be avoided insofar as is practical;
(3)
Road layout shall minimize stream crossings and be perpendicular
to the stream, traversing existing slopes exceeding 25% measured perpendicular
to the road.
B.
Easements. An easement shall be provided for all natural drainageways
and all utility lines when such utility line or lines do not fall
within a dedicated ROW. All easements shall be plotted on the preliminary
plat and subdivision plat. A clause shall be inserted in the deed
of each lot affected by an easement, indicating that the easement
exists and its purpose. Except as further required in this section,
easements shall have a minimum width of 10 feet. Where a subdivision
is traversed by a drainageway, channel or stream, a drainageway easement
conforming substantially to the lines of such watercourse shall be
provided. The easement shall be 20 feet wide or such width as will
be adequate to preserve natural drainage and provide sufficient width
for maintenance. Where it is found that additional easement width
is needed, the width shall be determined by the Development Board.
Prior to the completion of the roadway, all utility lines which are
primarily intended to provide service to the lots within the subdivision
shall be installed underground at a depth and at such location as
will minimize the risk of interruption of services.
C.
Intersections. In general, all streets and roads shall intersect
so that, for a distance of at least 100 feet, each street is approximately
at right angles to the street it joins. Local street intersections
with collector streets or arterial highways shall be separated by
at least 300 feet.
D.
Special treatment along certain highways. When a subdivision abuts
or contains a regional arterial highway, local arterial highway or
collector highway, the Development Board shall require that no new
lots shall front or have direct access on such highway. In subdivisions
of four lots or fewer, if the Development Board finds the foregoing
requirement not feasible, then new lots may be created on such highway,
but the width for such lots shall be increased by 100% of the authorized
density within the applicable zone. The Board may require marginal
access streets, reverse frontage with screen plantings contained in
a nonaccess reservation along the rear property line, deep lots with
rear service alleys, or other such treatments as may be necessary
for adequate protection of residential properties and to afford separation
of through and local traffic. Provision of turnarounds shall be required
for driveways accessing arterial or collector streets.
E.
Local streets. Subdivisions shall be so designed as to provide a
street pattern which shall be based upon a local residential street
pattern connected to a residential collector street system. Local
streets shall be laid out so that their use by through traffic will
be discouraged.
F.
Dead-end street easements. Dead-end or loop residential streets will
be permitted wherever the Board finds that such type of development
will not interfere with normal traffic circulation in the area. In
the case of dead-end streets, the Board may require the reservation
of a twenty-foot-wide easement to provide for continuation of pedestrian
traffic and utilities to the next street, when the Board, in its discretion,
feels such easement is necessary or desirable.
G.
Continuation of projection of certain streets. The arrangement of
streets in the subdivision shall provide for the continuation of principal
streets of adjoining subdivisions and for proper projection of principal
streets into adjoining properties which are not yet subdivided in
order to make possible necessary fire protection, movement of traffic
and the construction or extension, presently or when later required,
of needed utilities and public services, such as sewers, water and
drainage facilities. Where, in the opinion of the Village Board of
Trustees, topographic or other conditions make such continuation or
projection undesirable or impracticable, this requirement may be modified.
Approved future connector links shall be dedicated at the same time
the principal streets are dedicated.
H.
Other required streets. Where a subdivision borders on or contains
a railroad ROW or limited-access highway ROW, the Development Board
may require a street approximately parallel to and on each side of
such ROW, at a distance suitable for the appropriate use of the intervening
land (as for park purposes in residential districts or for commercial
or industrial purposes in appropriate districts). Such distance shall
also be determined with due regard for the requirements of approach
grades and future grade separations.
I.
Location. Streets shall follow low land, except wetlands, whenever
feasible. When a subdivision street intersects an existing street,
the Board may require the owner to improve the existing street within
100 feet of said intersection to meet the requirements of these regulations
for intersection design.
J.
Street design.
(1)
Curves. A curve shall be required whenever a collector or local
street deflects more than 10°. A curve shall be required for any
deflection in an arterial street. The minimum center-line radius for
horizontal curves shall be as follows:
|
Standards for Minimum Radius
| |
|---|---|
|
Street Type
|
Minimum Radius
(feet)
|
|
Collector
|
300
|
|
Local
|
300
|
|
Marginal access
|
250
|
(2)
A tangent of at least 50 feet shall be required between reverse
curves, except where the topographical conditions of the site being
subdivided would require a lesser radius or tangent without disturbing
major portions of unexcavated soil and foliage.
K.
Street grades.
(1)
Maximum street grades shall be as follows:
|
Standards for Maximum Street Grades
| |
|---|---|
|
Street Type
|
Maximum Grade
|
|
Collector
|
8%
|
|
Local
|
10%
|
|
Marginal access
|
10%
|
(2)
Street grades shall not be less than 0.5% Grades at street intersections
shall be held to a maximum of 3% for a distance of 100 feet from the
edge of the pavement of the intersected street. Vertical parabolic
curves shall be introduced at changes of grade exceeding an algebraic
difference of 1% and shall provide the following minimum sight distances:
|
Standards for Minimum Site Distance
| |
|---|---|
|
Street Type
|
Minimum Sight Distance
(feet)
|
|
Collector
|
250
|
|
Local
|
100
|
|
Marginal access
|
100
|
L.
Street intersections.
(1)
T-intersections shall be used in residential areas where practical.
Intersections of more than two streets shall be prohibited. Intersecting
streets shall be laid out so as to intersect at 90°. Any change
in street alignment to meet this requirement shall be at least 100
feet from the pavement edge of the intersected street.
(2)
Street ROW lines and roadways at intersections shall be rounded
with the minimum radius possible that balances the needs of all users
of the street and which is in compliance with design standards approved
by the Village of Saranac Lake.
(3)
Intersections with arterial streets shall be held to a minimum
and shall preferably be spaced at least 1,000 feet apart.
(4)
Streets entering opposite sides of another street shall be laid
out either directly opposite one another or with a minimum offset
of 125 feet between their center lines.
M.
Dead-end street design standards. Dead-end streets shall not be longer
than 1,000 feet and shall be provided with a turnaround at the closed
end, having a street ROW diameter of at least 140 feet and an outside
edge of pavement diameter of at least 110 feet. Street length shall
be measured from the point where the center line of the proposed road
intersected with the ROW line for the existing road, thence along
the center line of the proposed road the furthest point on the back
side of the turnaround or loop. If an island is left in the turnaround,
it shall be nearly level to facilitate snowplowing, and there shall
be no curbs around the island. The turnaround pavement shall slope
to the outside of the circle. The pavement radius at the entrance
to the turnaround shall be at least 50 feet for symmetrical turnarounds
and greater for offset turnarounds. When a street is extended beyond
an intersection to make provision for its future extension, a temporary
turnaround shall be provided at the end of the street unless no lots
are served by the extension. The temporary turnaround shall meet the
requirements for a permanent turnaround.
N.
Street access. Access to arterial streets shall be restricted as
far as practicable.
O.
Street setbacks. Setbacks from existing streets shall be in accordance
with the standards of this code.
P.
Fill slopes. Where streets are constructed on new fill, the side
slopes of the fill shall be as follows:
|
Standards for Slope
| |
|---|---|
|
Fill Height
(feet)
|
Slope
(vertical to horizontal)
|
|
0 to 6
|
1 to 4 or flatter
|
|
6 to 12
|
1 to 3 or flatter
|
|
Above 12
|
Not permitted
|
Q.
Guardrailing. Where streets are constructed on fills of greater than
six feet in height, guardrailing shall be installed along the side
of the road, eight feet from the edge of the roadway.
R.
Street entrances to subdivisions. Subdivisions containing 15 lots
or more shall have at least 2 street connections with existing public
streets. In the case of an internalized subdivision, the requirements
for two entrances may be satisfied by the provision of a double-width
(two times the standard road width) road from the main connecting
street to the first intersecting street. A planted center island will
be required in a double-width roadway, and an increase in the ROW
will be required to provide for the planted center island. When a
planted island is proposed, the subdivider shall indicate on the plan
who shall maintain such.
S.
Street signs. The developer shall establish street name signs as
approved by the Department of Transportation at appropriate locations
as indicated by the Village Director of Public Works prior to street
construction. (Street names should have a relationship to the subdivision
name.)
T.
Road surfacing. Surfacing materials must be applied in the following
manner:
U.
For roads to be dedicated to the Village, the following specifications
for the street cross section consisting of gravel and asphalt apply:
(1)
The minimum driving surface width shall be 24 feet.
(2)
Beginning at the subgrade:
(a)
The subgrade compacted to 90% proctor; then
(b)
Compacted gravel, a minimum of 12 inches in depth (NYSDOT Type
2 (Sect. 304), compacted to 95% standard proctor; then
(c)
A binder course of asphalt three inches in depth (NYSDOT Item
No. 402.198902-19F9 binder course HMA, 80 Series compaction, PG binder
(liquid asphalt) grade shall be PG 64-22); then
(d)
A tack coat (NYSDOT Item No. 407.0102 diluted tack coat); and
then
(e)
A top course of asphalt 1 1/2 inches in depth (NYSDOT Item
No. 402.098302-9.5F3 HMA, 80 series compaction).
V.
Subdivision roads which are proposed to be private roads shall not
be required to comply with the foregoing standards of this subsection
but instead shall have, at a minimum, a sixteen-foot-wide driving
surface; three-foot-wide shoulders; a maximum grade of 15%; and an
adequate gravel driving surface which will be passable by emergency
vehicles at all times of the year. The deed of conveyance to any subdivision
lot served by a private road shall include a covenant clearly informing
the purchaser that said private road is not constructed to Village
specifications, is not eligible to be a Village street, and will not
be maintained by the Village under any circumstances. Any proposal
for a private subdivision road shall also provide for a homeowners'
association which shall have the responsibility of maintaining such
road, and which shall be comprised (on a mandatory basis) of all owners
of lots fronting on said private road, and no such lot shall be sold
unless and until an offering plan for such association has been reviewed
and accepted by the New York State Office of the Attorney General.
W.
Proper roadway drainage facilities shall be installed where required
by topographic or other engineering factors. Reinforced concrete pipe
or corrugated metal pipe shall be used throughout for all culverts
or surface drainage systems. Drainage shall be accommodated by one
or a combination of the following:
X.
Road ditches shall be designed to have a minimum hydraulic capacity
equal to the peak runoff rate from a five-year twenty-four-hour rainfall.
Drainage culverts shall be of adequate size and so located as to maintain
preconstruction surface drainage patterns, provided such patterns
were acceptable prior to construction.
Y.
Catch basins, manholes, seepage drains, reinforced concrete pipe
or other drain appurtenances and all under-drains shall be installed,
constructed, connected and designed to discharge in accordance with
the direction and requirements of the Village, if such devices are
to be employed.
Z.
Stream crossings shall be roughly at right angles, and bridge structures
or culverts shall be designed to carry the peak runoff rate from:
BB.
Clearing and grubbing is required before fill. Fill shall be deposited
in twelve-inch layers.
CC.
Turnarounds at the end of any dead-end road shall have a ROW width,
and pavement dimensions, which are sufficient to permit vehicles to
be turned around safely and conveniently. The Development Board may
modify the configuration of turnaround areas dependent upon the conditions
present.
DD.
Construction of roads and utilities shall be phased to prevent conflicts
or redundant work.
EE.
Cleared areas associated with road and utility construction, except
road surfaces and shoulders, shall be planted with suitable grasses
or ground cover following final grading and shall also be appropriately
stabilized to prevent erosion during the construction phase. Ditch
bottoms shall be planted, paved, riprapped or otherwise designed to
minimize soil erosion.
FF.
Additional requirements.
(1)
In certain cases, guiderails may be required. This requirement
shall be discussed with the applicant/owner during the plan review
process, if required. All guiderails shall be box beam per DOT specifications.
(2)
Road elevation shall ensure the construction of driveways with
a maximum slope of 5% from pavement edge to the road ROW line.
(3)
All new roads shall receive a graded layer of suitable topsoil
material from the edge of the pavement to the ROW extremity. Mulching
and seeding of this area shall occur as soon as practicable. The road
shall be acceptable to the Village only upon the appearance of a dense
stand of grass in nonblacktopped areas.
(4)
All catch basins, drop inlets and piping shall be free of sediment,
silt and debris when accepted by the Village.
(5)
Areas containing erosion or eroded soil or areas not containing
a dense stand of grass contained within the road shall constitute
grounds for denial of acceptance.
(6)
Prior to the issuance of any certificates of occupancy or the
acceptance of the road, stakes shall be placed on the front corners
of the property designating the line between the applicant/owner's
property and the Village ROW.
(7)
All stumps, grubbing, logs, and limbs generated from subdivision
projects shall be hauled off site and disposed of properly. Chipping/tub
grinding of this material on site will be allowed in lieu of off-site
disposal, if approved by the Development Board. These grindings shall
not be disposed of in any defined open-space areas.
The applicant/owner shall not install improvements prior to
final approval. Prior to final approval the applicant/owner shall
develop and submit a cost estimate for the improvements to be made
as part of the subdivision as proposed. The Development Board shall
review the estimates and modify as needed prior to consideration for
acceptance. Upon acceptance and approval by the Development Board
of the estimates as submitted a letter of credit or performance bond
to cover the cost of improvements as described shall be submitted
by the applicant/owner.
The Development Board may require the establishment of a letter
of credit which shall cover the cost of all improvements in the public
ROW under the following procedure:
A.
A detailed written estimate of all costs shall be provided to the
Village. Costs shall reflect current values for the work and materials
involved and shall be representative of actual cost to the Village
to execute the work should the contractor or applicant/owner not complete
the project. Cost estimates shall be reviewed by the Village Superintendent
of Public Works and the Village Engineer.
B.
The letter of credit shall include assurance of reimbursement of
maintenance costs to the Village if needed prior to the expiration
date of the letter of credit and an inflation factor if deemed appropriate.
C.
The written approval of the Village Superintendent of Public Works
and the Village Engineer of the plans and specifications for the new
road and drainage system shall precede letter of credit acceptance.
D.
The final amount of the letter of credit shall require the approval
of the Board of Trustees;
E.
The form of the letter of credit shall be acceptable to the Village.
F.
Reduction of letter of credit.
(1)
Various items of construction may be inspected and approved
upon their completion and the amount of the letter of credit may be
reduced, provided that it does not become less 20% of the original
value of the letter of credit.
(2)
The creation of a letter of credit (or continuance of the initial
letter of credit) in an amount equal to 20% of the cost of the road
construction shall be in effect until one year after the granting
of final acceptance and subsequently shall be reduced to 10% for the
second and final year. The twenty-percent to ten-percent two-year
letter of credit shall be a single document accepted by the Board
of Trustees prior to the acceptance of the road.
(3)
When the top course is being deferred, a separate letter of
credit for the full value of cleaning the binder course, tack coating
and paving of the top course may be required by the Village. After
the top course is installed and accepted, the twenty-percent to ten-percent
two-year letter of credit may also be required for this top course
work.
Road inspections are to be performed by the Village Superintendent
of Public Works or his/her approved designee.
A.
The inspection shall include the following:
(1)
The width and thickness of the pavement;
(2)
The width, thickness and compaction of the subbase;
(3)
The compaction of the subgrade;
(4)
General compliance with approved plans relative to road grades,
cross-slope of travel lanes and slopes of graded areas;
(5)
The method and effectiveness of seeding and mulching of all
areas required; and
(6)
The location, positioning and cleaning of drainage.
B.
Roads constructed by the Village Highway Department shall be exempt
from this requirement.
A.
Upon completion of construction, a final inspection shall be held
by the Village. Minor changes from the development map and plan/profiles
as required by conditions of the work site may be allowed in the actual
construction.
B.
Contingencies set upon approvals of any kind shall be met before
the approval can be considered final and valid.
C.
The Board of Trustees shall consider accepting new roads only after
100% of the associated road and utility work is completed in the opinion
of the Superintendent of Public Works. Conditional road acceptances
shall not be permitted, except in exceptional circumstances as determined
by the Board of Trustees.
D.
Before final acceptance of the road by the Board of Trustees, the
Village Clerk shall receive, by the 15th day of the month prior to
the Board of Trustees meeting at which the road is to be accepted:
(1)
Proof that installed water and/or sewer facilities comply with
Village standards and specifications;
(2)
The deed to the Village has been previously conveyed to the
Village of Saranac Lake and an easement granting access to Village
facilities is provided and meets Village standards. Deed filing costs
shall be paid by the developer;
(3)
Title insurance for the proposed new Village road naming the
Village as an endorsee of the policy, which said title insurance demonstrates
clear and marketable title;
(4)
A tax search indicating that there are no delinquent taxes owed
on the property;
(5)
Letters from the Superintendent of Public Works that the proposed
road has had a final inspection and is ready for acceptance by the
Village;
(6)
The twenty-percent to ten-percent two-year letter of credit
incorporating 100% of the value of the top course;
(7)
As-built drawings on Mylar, in electronic portable document
format (PDF) and .dwg format; and
(8)
Certification by a professional engineer licensed in the State
of New York that the stormwater management facilities comply with
the approved plan.
A.
Certificates of occupancy shall not be issued until the roadway asphalt
binder course is in place. All roads to be dedicated to the Village
shall be accepted by the Board of Trustees prior to the issuance of
a certificate of occupancy.
B.
Provisions for temporary T-turnarounds shall be established, if deemed
necessary.
C.
A phasing program can be agreed upon by all parties, if requested,
and shall be done during the Development Board review.
All new streets in the Village shall be certified by a New York
State-licensed professional engineer. This certification shall consist
of a statement by the applicant/owner's engineer, seal affixed, certifying
that he has inspected the installation of the improvements within
the subdivision and that they have been installed in accordance with
the plans which received final approval by the Development Board.
Applicant/owners of lots deeded to the Village after the taxable
status date (March 1) shall have to pay taxes for the entire following
year.
Where the Development Board finds that, because of unusual circumstances
of shape, topography or other physical features of the proposed subdivision,
or because of the nature of adjacent developments, extraordinary hardships
may result from strict compliance with these regulations, it may waive
certain requirements of these regulations so that substantial justice
may be done and public interest secured, provided that no such waiver
shall be granted which shall have the effect of nullifying the intent
and purpose of the Official Zoning Map, this code, these regulations,
other laws of the Village or the Comprehensive Plan or the goals and
objectives of the Village LWRP. In granting a waiver, the Development
Board may require such conditions as shall, in its judgment, secure
substantially the objectives of the standards or requirements to be
waived. Waivers from these regulations may only be considered after
all alternatives have been reviewed and determined infeasible. Requests
for any waivers from these regulations shall be submitted in writing
and must include a description of all alternatives considered and
why said alternatives are infeasible. Any waiver from these regulations
requires adoption of written findings from the Development Board.
The standards and requirements of these regulations may be modified
by the Development Board in the case of a plan and program for a complete
community or other planned development which, in the judgment of the
Development Board, provides adequate public spaces and improvements
for the circulation, recreation, light and air and services the needs
of the community when fully developed and populated and which also
provides such covenants or other legal provisions as will assure conformity
to and achievement of the plan.
Whenever a time limit is specified in these regulations, the
Development Board may extend the limit upon request by the applicant/owner,
provided that the Board is legally empowered to do so.
