Whenever any tract of land is proposed for subdivision, 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 or her authorized agent shall apply for approval of such a proposed subdivision by submitting to the Building Department at least 21 days prior to a regular meeting of the Board 14 copies of a sketch plan of the proposed subdivision.
A. 
Discussion and requirements. The subdivider or his or her duly authorized agent may be required to attend a meeting of the Planning Board to discuss his or her proposals with regard to the requirements of the regulations which govern the proposed subdivision, including, but not limited to, street improvements, drainage, sewerage, water supply and fire protection.
B. 
Compliance with either the Environmental Conservation Department or the State Health Department regulations. If a proposed subdivision meets the definition of a subdivision, the applicant must meet the standards of either the Environmental Conservation Department or the New York State Department of Health for water supply, sewage disposal, and stormwater management before the final subdivision plat is submitted to the Planning Board. Which agency is to review the plat depends upon the number of lots.
A. 
Preliminary layout. The subdivider shall prepare a preliminary layout, consisting of a drawing made to scale of the subdivision showing or together with the following information:
(1) 
Tract boundary with bearings and distances, and tract area.
(2) 
Topographical data containing existing drainageways. USGS topographic mapping with five-foot contours is acceptable. Additional topography may be requested at the discretion of the Planning Board.
(3) 
Location of all natural features such as wooded areas, marshes and rock outcrops.
(4) 
Proposed lot lines and lot dimensions for residential lots.
(5) 
Names and right-of-way widths of streets within 100 feet of the tract boundary.
(6) 
Location of existing utilities, septic systems and wells on and adjacent to the tract.
(7) 
Location, dimensions and purpose of any easements on and adjacent to the tract.
(8) 
Number to identify each lot; address to be indicated.
(9) 
Purpose for which sites other than residential lots are dedicated or reserved and their location.
(10) 
Minimum setback lines on all lots and other sites.
(11) 
Names of owners of record of adjoining unplatted land.
(12) 
Title of subdivision, scale of layout map, North arrow and date.
(13) 
Site data summary, including number of residential lots, typical lot size.
(14) 
Proposed water supply and sanitary wastewater disposal method. If on-site wastewater disposal is proposed, percolation rate and test pit information shall be provided.
(15) 
If an on-site water supply is to be utilized, a note stating: "All lot sales shall be contingent upon a contract addendum for the location of water, flow capacity and potability in accordance with the New York State Health Department standards."
(16) 
A stormwater management report may be required as determined by the Planning Board.
(17) 
For site disturbance of greater than one acre, a SWPPP prepared in acceptance with NYSDEC requirements will need to be submitted for review of completeness. The Town of Ballston will require that a notice of intent (NOI) for construction activities be submitted to NYSDEC and a copy of the acknowledgement of permit coverage from the NYSDEC be submitted to the Town for its files prior to the start of any construction activities. All proposed erosion controls and water quality measures are to be shown on the subdivision plans.
(18) 
All regulated wetlands, classified streams and 100-year floodplain boundaries shall be included where appropriate.
(19) 
The final plat shall contain the signature and seal of a land surveyor, or a professional engineer and a land surveyor, both registered in New York State, or a qualified land surveyor under § 7208, Subdivision n, of the Education Law.
(20) 
Nature of any deed restrictions or protective covenants whereby the owner proposes to regulate land use in the subdivision and otherwise protect the proposed development;
(21) 
A statement of intent which enables the Planning Board to determine the adequacy of the trees to be retained and/or planted throughout the subdivision.
(22) 
At the determination of the Planning Board, any remaining lands which can be further subdivided and qualify as a major subdivision, a sketch plan for this tract may be required.
B. 
Application for preliminary plat approval. The subdivider shall file an application for conceptual approval of his or her preliminary layout. The application shall:
(1) 
Be made on forms available at the office of the Building Department.
(2) 
Include all land which the applicant proposes to subdivide.
(3) 
Be accompanied by 14 copies of the preliminary layout as specified in § 104-7.
(4) 
Include a complete short environmental assessment form.
(5) 
Be submitted to the Planning Board not less than 21 days prior to a regularly scheduled meeting.
(6) 
Be accompanied by a fee according to the most recent fee schedule which is established periodically by the Town Board.
(7) 
All items contained in the Town Review Checklist are to be completed by the applicant for a complete application. The project will be placed on the agenda if the application is considered complete by the Town Building Department.
C. 
The Planning Board shall follow the procedures of Town Law § 276, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plat.
D. 
A final submission for a minor subdivision may be required at the discretion of the Planning Board.
E. 
Consultant review. The Planning Board may consult with the Town Zoning Enforcement Officer, Fire Commissioners, Highway Superintendent, other local county officials and its designated private consultants and engineers, in addition to representatives of federal and state agencies, including, but not limited to, the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
A. 
Whenever any subdivision of land is proposed to be made which is subject to review hereunder and before any part thereof is made and before any land is cleared or vegetation is removed, except vegetation removed in connection with required surveying, engineering test and inspections, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider shall make application for and receive final approval of such proposed subdivision in accordance with this chapter.
B. 
Concept submission. The owner shall furnish 14 copies of a concept plan of the proposed subdivision and all adjacent land owned by the owner or under option to him at a scale of not less than 100 feet per inch.
(1) 
The plan shall include:
(a) 
Property boundaries.
(b) 
Existing topography at five-foot contour intervals to USGS datum.
(c) 
Soil analysis.
(d) 
Existing utilities.
(e) 
General street, lot and utility layout.
(f) 
Conceptual drainage plan.
(g) 
Wetlands, streams, surface waters, and other drainage corridors and flood hazard areas.
(2) 
The plan shall also include a vicinity map to a scale of not smaller than 400 feet per inch showing lands and roads in this area.
(3) 
In addition to the above-referenced information, the following paperwork shall be submitted:
(a) 
Completed Town of Ballston submission form.
(b) 
Long environmental assessment form.
(c) 
Narrative description of the proposal, including:
[1] 
Project acreage.
[2] 
Description of existing site and use.
[3] 
Description of intended site development.
[4] 
Number of lots.
[5] 
Impacts on adjoining property.
[6] 
Impacts on services.
(d) 
A request for any zoning changes, zoning variances and special use permits proposed for the area to be subdivided.
C. 
Procedure for approval of preliminary layout.
(1) 
The subdivider shall prepare a preliminary layout, based on the approved concept plan consisting of a drawing made to scale of the subdivision showing or together with the following information:
(a) 
Tract boundary with bearings and distances, tract area and street layout.
(b) 
Topographical data shown with two-foot contour interval and all existing drainageways. Benchmark (NGVD 1929) to be indicated on plans.
(c) 
Location of all natural features such as wooded areas, marshes and rock outcrops.
(d) 
Proposed lot lines and lot dimensions.
(e) 
Proposed location and name of streets with right-of-way widths.
(f) 
Names and right-of-way widths of streets within 100 feet of the tract boundary.
(g) 
Location of existing or proposed utilities on and adjacent to the tract.
(h) 
Location, dimensions and purpose of any easements on and adjacent to the tract.
(i) 
Number to identify each lot.
(j) 
Purpose for which sites other than residential lots are dedicated or reserved and their location.
(k) 
Minimum setback lines on all lots and other sites.
(l) 
Names of owners of record of adjoining unplatted land.
(m) 
Title of subdivision, scale of layout map, North arrow and date.
(n) 
Site data summary, including number of residential lots, typical lot size, linear feet of streets, acres in parks, etc.
(o) 
Proposed sanitary wastewater disposal method. If on-site wastewater disposal is proposed percolation information shall be provided at representative locations, minimum one test per three lots or as required by Planning Board on recommendation of the Town Engineer.
(p) 
Proposed water supply distribution system. If an on-site water supply is to be utilized, a note stating: "All lot sales shall be contingent upon a contract addendum for the location of water, flow capacity and potability in accordance with the New York State Health Department standards."
(q) 
All regulated wetlands, classified streams and 100-year floodplain boundaries shall be included where applicable.
(r) 
Street name signs.
(s) 
The final plat shall contain the signature and seal of a professional engineering and of a land surveyor, both registered in New York State.
(t) 
Nature of any deed restrictions or protective covenants whereby the owner proposed to regulate land use in the subdivision and otherwise protect the proposed development.
(u) 
A statement of intent which enables the Planning Board to determine the adequacy of the trees to be retained and/or planted throughout the subdivision.
D. 
Application for preliminary plat approval. The subdivider shall file an application for conceptual approval of his or her preliminary layout. The application shall:
(1) 
Be made on forms available at the office of the Building Department.
(2) 
Include all land which the applicant proposes to subdivide.
(3) 
Be accompanied by 14 copies of the preliminary layout as specified in Subsection B above.
(4) 
Be submitted to the Planning Board not less than 21 days prior to the regularly scheduled meeting.
(5) 
Be accompanied by a fee according to the most recent fee schedule which is established periodically by the Town Board.
(6) 
The final plat shall contain the signature and seal of a professional engineer and of a land surveyor, both registered in New York State.
E. 
The Planning Board shall follow the procedures of Town Law § 276, Subdivision 5, to approve, approve with conditions or disapprove the preliminary plat.
A. 
Subdivider procedure. Within six months after the approval of the preliminary layout by the Planning Board, the subdivider shall file with the Planning Board two Mylar and two paper drawings for approval of a final subdivision plat.
(1) 
The application shall:
(a) 
Be made on forms available at the office of the Building Department.
(b) 
Be accompanied by the original drawing or one reproducible and five copies of the final subdivision plat, construction detail sheets and other information as described in Article VI, Plat Requirements, of these regulations.
(c) 
Comply in all respects with the preliminary layout as approved.
(d) 
Comply with the regulations of the State Health Department or Environmental Conservation Department and be stamped and endorsed by the responsible agency.
(e) 
Comply with any county or Town ordinances or laws deemed pertinent by the Planning Board.
(f) 
Be presented to the Chairman of the Planning Board at least three weeks prior to a regular meeting of the Board. However, the final subdivision plat shall be considered officially submitted as of the date of the regular meeting of the Board following completion of the above application procedure. The subdivider shall be represented at that meeting.
(2) 
In the event that a final subdivision plat is not submitted to the Planning Board within six months of the approval of the preliminary layout, the application may be considered withdrawn and any previous approval or waivers of required improvements by the Planning Board may be revoked.
(3) 
Filing.
(a) 
Within 62 days next following the date of official approval action by the Planning Board or the date of issuance by the Town Clerk of a certificate of non-action and after approval by the Saratoga County Health Department, if applicable, the subdivider shall file the final plat with the Saratoga County Clerk. Otherwise, such final approval shall expire as provided in § 276 of the Town Law.
(b) 
Five black-and-white prints of the final plat showing the recording date of the Saratoga County Clerk thereon shall be submitted to the Planning Board after filing with the Saratoga County Clerk.
(c) 
It shall be the duty of the Saratoga County Clerk, in accordance with § 279 of the Town Law, to notify the Planning Board in writing within three days of the filing of any plat approved by the Planning Board, identifying such plat by its title, date of filing and official file number.
(d) 
No changes, erasures, modifications or revisions other than those requested by the State Health Department or other such agency, or to correct metes and bounds, shall be made on any subdivision plat after final approval has been given by the Planning Board and the plat has been duly filed with the Saratoga County Clerk unless such plat has first been resubmitted to the Planning Board and such change, erasure, modification or revision has been approved by the Board. Any plat so changed without first being resubmitted to the Planning Board and reapproved shall be considered null and void and the Board shall institute proceedings to have the plat stricken from the records of the Saratoga County Clerk.
(4) 
GIS submission.
(a) 
In addition to hard-copy maps, it is recommended that contractors provide digital data of the infrastructure features depicted on the map. Features must include, but are not limited to, roadway center lines, right-of-way boundaries, property line boundaries, water infrastructure (water mains, valves, manholes), sewer infrastructure (sanitary mains, storm sewer lines, cross-over lines, catch basins). Water mains, sanitary and stormwater sewer mains and sewer cross-over lines, and roadway center lines must be developed as line or polyline features. Water valves, water hydrants, manhole covers, and catch basins must be developed as point features. Parcel boundaries and right-of-way boundaries may be constructed as line, polyline, or polygons features.
(b) 
This data must be provided in one of the following digital formats: computer-automated drawing files - AutoCAD (.DWG) or Microdesk (.DGN); or geographic information system compatible file - ESRI Shapefile (.SHP). The data must be developed in the New York State Plane East (Zone 4801) coordinate system, North American Datum 1983 (NAD83), and units in feet. A metadata file in .TXT format should be included with the infrastructure feature data file(s) to state the name of the file(s), features represented, project name or reference, date the data was produced, name and address of the producer, and coordinate system. Data must be submitted on a 3.5-inch diskette or on CD-ROM with submission of the final, approved hard-copy subdivision map.
(5) 
Preconstruction meeting. After final subdivision approval by the Planning Board and before and site disturbance takes place, a preconstruction meeting shall be held. The following individuals shall be present:
(a) 
Applicant and/or representative.
(b) 
Highway Superintendent.
(c) 
Building Inspector.
(d) 
Town Engineer.
(e) 
Any other individuals as may be deemed necessary.
B. 
Planning Board procedure.
(1) 
Upon receipt of the final subdivision plat and if and when a County Official Map is established, the Chairman of the Planning Board shall notify the County Planning Board and the County Superintendent of Highways in accordance with § 239-k of the General Municipal Law[1]. Such notification shall be within one week after receiving advance copies of the final subdivision plat.
[1]
Editor's Note: Said § 239-k was repealed by L. 1997, C. 451, § 2.
(2) 
The Town Planning Board shall issue a receipt of submission at a meeting of the Board within three weeks following presentation of the final subdivision plat to the Chairman in accordance with these regulations.
(3) 
The Planning Board shall follow the procedures of Town Law § 276, Subdivision 6, to approve, approve with conditions or disapprove the final subdivision plat.
(4) 
Consultant review. The Planning Board may consult with the Town Zoning Enforcement Officer, Fire Commissioners, Highway Superintendent, other local county officials and its designated private consultants and engineers, in addition to representatives of federal and state agencies, including, but not limited to, the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.