[HISTORY: Adopted by the Town Board of the
Town of Stillwater 7-21-2016 by L.L. No. 2-2016. Amendments noted where
applicable.]
This chapter shall be cited and may be hereafter referred to
as the "Town of Stillwater Subdivision Drainage District Law."
Through prior experience with certain previously established
subdivision developments within the Town of Stillwater, and predicated
upon engineering advice and legal counsel as well as input from local
developers, the Town deems it desirable for the Town Planning Board
to require those applicants seeking approval for any major subdivision
or Planned Development District ("PDD") that meet qualifying criteria,
and for such other subdivisions as may be required, an approved stormwater
pollution prevention plan (SWPPP) and the construction of municipal
separate storm sewer systems (MS4) infrastructure, and to request,
as part of such subdivision application and approval process, that
the Stillwater Town Board approve the establishment of a drainage
district serving said subdivision. Further, the Town Board believes
that such a requirement is in the best interest of the Town as well
as the ultimate owners and occupants of premises within said subdivision
and PDDs, and that establishment of a uniform procedure to be followed
by subdivision developers and applicants also serves to fairly address
their needs and concerns with regard to satisfaction of such requirement.
For such intent and purpose, the Town Board of the Town of Stillwater
deems it appropriate to adopt this local legislation mandating drainage
district application and establishment as part of the subdivision
and PDD application process that meet qualifying criteria pursuant
to Article 12 or 12-A of the Town Law whereby the Town Board may authorize
the establishment of a special district anywhere within the boundaries
of the Town of Stillwater, and the Town Board may apportion the district
costs among all the parcels of land within such drainage district.
The Town Planning Department and Planning Board shall henceforth
require the establishment of a drainage district as a condition of
the approval of any qualifying subdivision and PDD as hereinafter
defined. In furtherance of said drainage district establishment, the
applicant shall submit a petition and all other required district
formation documents in accordance with pro forma documents provided
by the Town, together with the required map, plan and report (MPR)
which shall be prepared by or on behalf of the applicant and thereafter
subject to review and approval by the Town's Engineer and Attorney
as hereinafter provided.
For purposes of this chapter, a "qualifying subdivision" shall
be a subdivision which meets one of the following criteria:
A.
Any major subdivision requiring post-construction stormwater control
practices;
B.
Any PDD requiring post-construction stormwater control practices;
and
C.
Any other subdivision, the development of which may require an approved
stormwater pollution prevention plan (SWPPP) and the construction
of a significant municipal separate storm sewer systems (MS4) infrastructure.
The determination of whether or not the required MS4 infrastructure
is significant shall be determined by and in the sole discretion of
the Town Planning Board.
A.
The procedure to be followed in applying for and establishing the
required drainage district serving the proposed qualifying subdivision
and PDD shall be as follows:
(1)
As part of any subdivision application process, and prior to the
approval of any site plan or subdivision grading plan or drainage
system, the Town Planning Department shall make a determination as
to whether or not the proposed subdivision is a qualifying subdivision
as hereinabove defined. If the subdivision is not deemed to be a qualifying
subdivision, the provisions of this chapter will be inapplicable and
the normal subdivision review process will proceed. If, however, the
subdivision is deemed to be a qualifying subdivision, the provisions
of this chapter shall apply and the application for subdivision approval
and drainage district establishment will proceed as hereinafter provided.
(2)
The Planning Department shall advise the applicant that the establishment
of a drainage district will likely be required as a condition of approval
of the proposed subdivision in order that the applicant might make
an informed determination as to whether or not to proceed with the
application. If the applicant indicates a desire to proceed, the Planning
Department shall advise the applicant of its responsibility to prepare
and submit to the Town Board a preliminary map, plan and report (MPR)
describing the drainage district proposed to be established and otherwise
conforming to the requirements of § 192 and other applicable
provisions of Article 12-A of the Town Law, with the boundaries of
said proposed drainage district to be coincident with those of the
proposed subdivision. The applicant shall be additionally advised
of its obligation to prepare and submit to the Town Board a New York
State Department of Environmental Conservation (NYSDEC) short environmental
assessment form (EAF) describing the anticipated environmental impact
of the proposed drainage infrastructure and district. The Planning
Department shall also refer the subdivision application and all plans
and documents to the Town Board together with the Planning Department's
written determination that the proposed subdivision has been deemed
to be a qualifying subdivision as herein defined.
(3)
Upon receipt of the aforesaid referral from the Planning Department
and the preliminary MPR and short form EAF from the applicant, the
Town Board shall direct the Engineer for the Town and the Attorney
for the Town to undertake the following tasks with regard to the preparation,
review and/or approval of the following documents required for formation
of the drainage district:
(a)
The Attorney for the Town shall prepare a petition executed
by the owner(s) of taxable real property owning at least half of the
value of taxable real property within the proposed drainage district
and otherwise conforming to the requirements of § 191 and
other applicable provisions of Article 12 of the Town Law. The petition
shall contain an express statement that the improvement(s) in the
proposed drainage district shall be constructed at the expense of
the petitioning owner(s) of taxable real property in the proposed
district.
(b)
The Attorney and the Engineer for the Town shall review the
preliminary map, plan and report submitted by the applicant and advise
the applicant of any required revisions thereto. At such time as the
MPR shall meet with the approval of the Town Attorney and Town Engineer,
it shall be appended to the petition and submitted to the Town Board.
(c)
The Engineer and Attorney for the Town shall also review and
assist the Town Board in its review, completion and action on the
NYSDEC short environmental assessment form (EAF) submitted by the
applicant in accordance with the applicable requirements of SEQRA.
(4)
The petitioner shall thereafter execute the petition and the approved
MPR and short EAF and file same with the Stillwater Town Clerk, who
shall then submit such documents to the Stillwater Town Board.
(5)
The Town Board shall then send the short EAF to all involved regulating
agencies for review.
(6)
The Town Board shall then adopt and enter an order reciting those
matters set forth in § 193 of the Town Law, including specifying
the time and place when the Town Board will meet to consider the petition
and to hear all persons interested in the subject thereof concerning
the same. Said notice of public hearing on the proposed drainage district
establishment shall be published and posted in accordance with § 193(1)(a)
of the Town Law.
(7)
There shall be full compliance with the requirements of § 193
of the Town Law, including, if required, application for permission
of the State Comptroller for the establishment of the proposed drainage
district.
(8)
The Town Board shall declare itself lead agency for SEQRA review
and conduct the noticed public hearing on the proposed drainage district
establishment and the required SEQRA environmental review.
(9)
Following the noticed public hearing, the Town Board shall make a
determination of SEQRA environmental significance.
(10)
Also following the noticed public hearing, the Town Board shall,
by resolution, make the determinations set forth in § 193
of the Town Law and, based thereon, shall adopt an order approving
or disapproving the proposed district establishment.
(11)
The Town Clerk shall, within 10 days of the adoption of the order
establishing the drainage district, cause a certified copy thereof
to be filed in the office of the Saratoga County Clerk and shall also
cause a certified copy thereof to be filed in the office of the State
Department of Audit and Control in Albany, New York.
(12)
At the applicant's option, it may either await the formation
of the required drainage district before proceeding with the normal
processing of the application for subdivision approval or it may,
at its own discretion and risk, proceed with the subdivision approval
processing by the Planning Board concurrently with the Town Board
proceedings for establishment of the required drainage district. In
either event, no final approval of the subdivision application, conditional
or otherwise, may be rendered by or obtained from the Planning Board
unless and until the required drainage district has been finally established.
B.
Alternative procedure (Article 12-A of the New York State Town Law).
An alternative procedure to be followed when applying for and establishing
a required drainage district serving the proposed qualifying subdivision
shall be as follows:
(1)
The developer by letter may request that the Town Board undertake
the establishment of the required drainage district on its own initiative
under the procedure set forth in New York State Town Law Article 12-A
at the developer's cost for all required construction expenses,
legal fees and engineering services involved.
(2)
Should the developer choose this alternative method of forming the
required drainage district, an estimate of the legal and engineering
services shall be provided to the developer and the cost thereof shall
be deposited in an escrow fund with the Town to pay for the anticipated
services and shall be replenished as necessary.
(3)
In addition, the developer shall provide the Town with the map, plan
and report (MPR), including any required mapping or surveys, and environmental
assessment form ("EAF") provided for above.
(4)
The Town Board, with the assistance of the engineers and attorneys
for the Town, will utilize a procedure set forth in New York State
Town Law Article 12-A to develop, consider and ultimately adopt a
resolution establishing a drainage district around the proposed subdivision
and, where required, subject to the approval of the New York State
Comptroller.
The following fees, deposits and security, which are in addition
to any such charges assessed as part of the normal subdivision and
PDD application process, shall be required as part of the drainage
district establishment provided for herein:
A.
At the time of the applicant's submittal of the drainage district
petition it shall be accompanied by a check payable to the Town of
Stillwater in the amount of $3,000 to cover the Town's legal
and administrative costs. In addition, the applicant shall be liable
for the actual costs of any notice, publication and recording fees,
as well as for any engineering and similar consulting fees reasonably
incurred by the Town in reviewing the MPR, coordinating the environmental
review process and otherwise providing needed services relating to
the proposed drainage and the improvements therein. Said engineering
costs shall be estimated by the Town Engineer at the time of the applicant's
initial submission of the proposed MPR and short form EAF, and such
estimate shall be submitted to the Town Board, which will require
same to be placed in escrow by the applicant. The actual engineering
costs incurred by the Town will thereafter be drawn from said escrow
funds. Any balance remaining shall be refunded to the applicant, and
any costs exceeding such estimate shall be billed to the applicant.
At any time that anticipated costs exceed the escrow balance, the
Town Board may require that the applicant make additional payment
to increase the escrowed amount.
B.
In addition to the above deposit, the Town Board shall establish an amount to be paid to the Town to be deposited in the new drainage district's account to secure the initial costs of the district, which amount is hereby set at $1,000 for each lot in the proposed subdivision, but which may be hereafter modified by resolution of the Town Board. In any event, half of such amount, together with the entirety of the deposits set forth in Subsection A of this § 89-6, must be received by the Town before the Town Board adopts a final order establishing the drainage district. The remaining half of the cost per lot shall be payable by the applicant at the time of application for a building permit for construction on said lot or upon said applicant's transfer of title to the unimproved lot to another owner, whichever shall first occur.
The costs of continued operation and maintenance of the proposed
drainage district shall be borne by the ultimate owners of the parcels
of property within said drainage district and shall be assessed, levied
and collected on a benefit assessment basis, with said charge to appear
as a special assessment charge on said property owners' annual
tax bills. In order to fully inform and protect prospective purchasers
of lots in the subdivision, the applicant is hereby required to disclose
the existence of the drainage district and the proposed drainage district
charges in any prospectus and in any marketing literature. Further,
every deed of conveyance shall expressly reference the inclusion of
the conveyed property in the drainage district and the individual
property owner's responsibility for sharing in the special assessment
charge associated therewith.
