For the purpose of this chapter, the following words and terms
shall have the meanings indicated:
The Planning Board of the Town of Saratoga or any person
authorized by the Planning Board to act as its representative.
Refers to paving, utility and miscellaneous construction
in public rights-of-way or easements as shown on the subdivision development
map and not privately owned construction covered by building permits.
Lots with the rear and front lot lines abutting existing
or proposed streets.
The final map upon which the owner's plan of subdivision
is presented to the Planning Board for approval, and which, if approved,
shall be submitted to the County Clerk, Town Clerk and Town Assessor
for recording. The final plat shall be submitted as part of the final
submission.
The complete process of reviewing a final submission and
issuing a final approval or disapproval by the Board.
The final plat and all other documents the subdivider is
required to submit for final review of a subdivision by the Board.
Are those that are less than full width, in either paving
or right-of-way.
A letter taken out by the owner from a bank which guarantees
the Town that a specific amount of money will be kept available for
the completion of a subdivision construction to be drawn on only by
the Town.
A subdivision of land resulting in five lots or more, or
a minor subdivision which contains new road(s).
[Added 7-19-2004 by L.L.
No. 5-2004]
A subdivision of land resulting in four or fewer lots, with
no new road(s).
[Added 7-19-2004 by L.L.
No. 5-2004]
A comprehensive plan for the development of the Town as authorized
in § 272-a of the Town Law.
A map established by the Town Board under § 270
of the Town Law, showing the streets, highways and parks theretofore
laid out, adopted and established by law and all changes or additions
thereto made under the provisions of the Town Law.
The owner of the land proposed to be subdivided, or his agent.
An obligation, in writing, under seal, issued by a surety
company satisfactory to the Town Board binding the obligor to pay
a sum of money to the Town if the obligor fails to satisfactorily
install and/or maintain improvements as required by Town Law Saratoga.
A drawing showing the salient features of a proposed subdivision
submitted to the Planning Board for its consideration prior to submission
of the final plat. The preliminary plat is submitted as part of the
preliminary submission.
The complete process of reviewing a preliminary submission
and issuing an approval, approval with modifications, or disapproval
by the Board.
The preliminary plat and all other documents required for
preliminary review of a subdivision by the Board.
Lots with the rear lot line abutting an existing or proposed
street.
The portion of a street which is designated for vehicle use.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, thruway, road, avenue, boulevard,
lane, cul-de-sac, place or however otherwise designated, and includes
the entire area within the right-of-way.
Arterial streets and highways are those used or destined to
be used primarily for fast or heavy traffic, whether existing or proposed.
Collector streets are those which carry traffic from minor streets
to the major system of arterial streets and highways. Collectors may
also serve as secondary arteries to carry some through traffic. A
street which is the outlet toward an arterial street for more than
100 acres or is a main entrance to a residential development shall
be considered a collector street.
Local streets are those which are used primarily for access
to the abutting properties.
Marginal access streets are minor streets which are parallel
to and adjacent to arterial streets and highways and which provide
access to abutting properties and protection from through traffic.
The division of any parcel of land into two or more lots,
sites or other divisions of land for immediate or future sale or for
building development, whether or not the subdividing creates a street.
The term "subdivision" is used to denote the act of subdividing or
the property which is subdivided.
The Town Board of Saratoga, Highway Superintendent of Saratoga
or other official responsible by law for the function referred to.
It may also refer to the person authorized to act as the representative
of the responsible official or officials.
A.
General:
(1)
Whenever a time limit is specified in this chapter, the Board may
extend the limit upon request by the owner, provided the Board is
legally empowered to do so.
(2)
When any subdivision of land is proposed to be made within the unincorporated
sections of the Town 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, the owner shall submit his subdivision for review
by the Planning Board.
(3)
Two methods of completing subdivision construction are provided in
accordance with Town Law § 277. The owner may install improvements
prior to final approval and submit a letter of credit or performance
bond at the time of final submission, in an amount approved by the
Town, to cover the cost of those improvements prior to final approval
and submit such a letter of credit or performance bond to cover the
cost of all improvements.
B.
Step one, preapplication conference. The purpose of this step is
to determine feasibility of the project before the owner has invested
a substantial amount of money. The owner shall present such information
as the Board may require. The Board will inform the owner of general
subdivision requirements as well as particular requirements for the
subdivision under review as dictated by the Master Plan, Official
Map or other considerations.
C.
Step two, preliminary review:
(1)
The owner shall present a preliminary submission at a Planning Board
meeting. The date of the preliminary submission shall be the date
of the meeting at which it is presented.
(2)
A field walk by the Board with the owner may be required. Temporary
stakes showing street center lines may be required.
(3)
The Board shall hold a public hearing on the proposed subdivision
within 45 days of the date of the preliminary submission. Notice of
such public hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing.
(4)
The Board shall communicate to the 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 with or without modifications, if any, which
shall be required in the final submission. If modifications are required,
the reasons therefore shall be given.
(5)
If the owner elects to begin construction before final submission,
he may begin all construction, provided he has indicated this intention
to the Town, except the one-inch double surface treatment after approval
in accordance with the approval or approval with modifications.
(6)
If the preliminary submission is disapproved, the Board will state
the reasons for its disapproval.
(7)
The action of the Board shall be noted on two copies of the preliminary
submission form, to which shall be attached reference statements of
any conditions and requirements determined by the Board. One copy
shall be returned to the owner and the other retained by the Board.
(8)
If the preliminary submission is disapproved, resubmissions may be
made within six months of the date of disapproval with no additional
fee required. A resubmission made after six months from the date of
disapproval may be treated like a new submission and require a new
preliminary review and fee.
D.
Step three, final review:
(1)
If the preliminary submission is approved, the owner, within six
months of the date of approval, shall present a final submission at
a Planning Board Meeting.
(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 approval,
the application may be considered withdrawn and any approved modifications
or waivers of required improvements by the Board may be considered
lapsed.
(3)
The date of the final submission shall be the date of the meeting
at which it is presented.
(4)
The final submission shall conform to the approved preliminary submission
and shall contain any modifications specified by the Board. If desired
by the owner, it may include only that portion of the approved preliminary
plat which he proposes to record and develop at that time, provided
that such portion conforms to all requirements of this chapter.
(5)
The owner shall submit a letter of credit or performance bond at
the time of final submission to cover street pavement wearing coarse
construction and all other construction which has not been completed
and approved by the Town plus 20% of that construction which has been
completed and approved. The amount of the letter of credit shall be
determined by a construction cost estimate prepared by the owner.
(6)
The Board shall hold a public hearing on the proposed subdivision
within 45 days of the date of the final submission. Notice of such
public hearing shall be advertised in a newspaper of general circulation
in the Town at least five days before such hearing.
(7)
Within 45 days from and after the time of the public hearing, the
Board shall approve, modify and approve, grant conditional approval,
or disapprove the final submission and communicate its decision to
the owner in writing.
(8)
Under certain conditions, the Board may waive this second hearing
(§ 276 Town Law). In the event the hearing is waived, Board
action shall be within 45 days of submission.
(9)
If the final submission is approved by the Board, an appropriate
notation of that effect shall be made on the face of the original
or tracing cloth prints of the final plat submitted to the Board.
The copy shall be returned to the owner and one copy shall be retained
by the Board for its records.
(10)
The owner shall file the approved final plat with the County
Clerk within 30 days after approval by the Board. If the final plat
is not filed within this time, the approval shall expire, as provided
in § 276 of the Town Law.
(11)
The owner may obtain building permits and begin building construction
only after filing of the final plat.
(12)
If the final submission is disapproved, resubmissions may be
made within six months of the date of disapproval with no additional
fee required. A resubmission made after six months from the date of
disapproval may be treated like a new submission and require a final
review and fee.
E.
Step four, final inspection and "as-built" drawings:
(1)
Upon approval of the final submission and after construction of houses
is substantially completed, the owner shall construct the street pavement
wearing course in accordance with the final approval and the subdivision
regulations at a time authorized by the Town. Minor changes from the
development map and plan/profiles as required by conditions of the
work site may be allowed in the actual construction.
(2)
Upon completion of construction, a final inspection shall be held
by the Town. When construction has been approved, final plats and
plan/profiles shall be corrected by the owner to show all construction
"as built." The letter of credit or performance bond may be reduced
by the Town as construction progresses. It shall not be reduced to
less than the amount determined for that construction which is still
uncompleted, plus 20% of the amount determined for that construction
which is completed and approved. It shall be kept in effect for one
year after the final inspection. It shall then be released, provided
the owner has prepared as-built plans.
F.
Exception. In the review of a subdivision which includes no new roads
and includes no more than four new lots, any or all of the steps except
final review may be waived by the Board. The Board may also waive
all fees and any of the requirements of the final review which are
not required for legality.
A.
The preapplication conference may take place at any time acceptable
to the Board.
B.
The owner shall furnish three copies of a sketch plan of the proposed
subdivision and all adjacent land owned by the owner or under option
to him. The sketch shall include a street layout and drainage plan.
The sketch shall be to a scale not less than 100 feet per inch. One
additional copy of the sketch plan shall be submitted to the Saratoga
County Soil and Water Conservation District for its review and recommendations
to the Planning Board.
C.
The Planning Board shall advise as to feasibility and any special
considerations for the subdivision design. A field walk with the owner
may be required.
A.
If construction is to precede final review, three prints of the plat,
development map and plan/profiles shall be submitted which meet the
requirements for final submission. One additional copy of the sketch
plan shall be submitted to the Saratoga County Soil and Water Conservation
District for its review and recommendations to the Planning Board.
B.
The preliminary submission shall include the following in triplicate:
(1)
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.
(a)
In addition, highways or other major public or private improvements
planned for future consideration on or near the proposed subdivision,
including those shown on the Official Map or Master Plan, shall be
shown.
(b)
All contiguous land owned or under option by the owner shall
be shown with a street and lot plan for its development.
(c)
Water elevations and subsurface information, including groundwater
elevation, shall be noted where appropriate.
(2)
Plan/profile for each street with a horizontal scale of 40 feet to
the inch and vertical scale of four feet to the inch, showing all
the information required for the final submission of a plan/profile
except that approximate stationing may be shown. In addition, profiles
of present surface shall be shown on center lines and both right-of-way
lines of all streets and on center lines of all easements.
(3)
All sheets shall not be smaller than 8 1/2 inches by 14 inches,
nor larger than 30 inches by 42 inches. All maps must be printed or
drawn with pen and India ink upon transparent tracing cloth or polyester
film or be photographic copies on transparent tracing cloth or polyester
film and further that said maps shall be not less than 8 1/2
inches by 14 inches nor more than 30 inches by 42 inches in size.
(4)
In addition to the required drawings, the following information shall
be submitted as part of the preliminary submission.
(a)
Completed Town of Saratoga preliminary submission form.
(b)
Request for any zoning changes proposed for the area to be subdivided,
if applicable.
(c)
Conditions of dedication of areas proposed to be dedicated to
public use.
(d)
Preliminary designs of bridges and culverts (final designs,
if construction is to precede final review).
(e)
Draft of any protective covenants whereby the owner proposes
to regulate land use in the subdivision and otherwise protect the
proposed development.
C.
More detailed information may be required by the Planning Board as
a part of the preliminary submission in special cases.
This submission shall include the following:
A.
Final plat, including two copies drawn in ink on tracing cloth or
black line prints on reproducible permanent material acceptable to
the Board plus five prints to a scale not smaller than 50 feet to
the inch showing the following:
(1)
All existing and proposed property lines, building setback lines,
easement and right-of-way lines with dimensions, azimuths or angle
data, and curve data.
(2)
All monuments, iron pipes and bench marks.
(3)
Names of owners of all adjacent property.
(4)
Street names.
(5)
All property reserved by the owner or dedicated to public use.
(6)
A house number for each lot.
(7)
A North arrow.
(8)
Standard title block.
(9)
Key map.
(10)
Proposed use of each lot.
(11)
Standards of accuracy meeting Saratoga requirements shall be
noted on the map and certified by a land surveyor registered in New
York State.
(12)
Contour lines at two-foot intervals to USGS datum.
(13)
Watercourses, marshes, rock outcrops and other important land
features.
(14)
Right-of-way lines, street paving and street stationing.
(15)
Sanitary sewers, storm drains, gas lines and water lines, with
all appurtenances.
(16)
Street name signs (a letter of intent to install signs in locations
approved by the Town may be accepted as a substitute.)
(17)
Standards of accuracy of elevations meeting Saratoga requirements
shall be noted on the map. The final plat shall contain the signature
and seal of a professional engineer registered in New York State or
a qualified land surveyor under § 7208, Subdivision n, of
the Education Law.
B.
Plan/profile of each street and utility easement, including one copy
drawn in ink on tracing cloth or black line print on reproducible
permanent material acceptable to the Board plus five prints, with
a horizontal scale of 40 feet to the inch and a vertical scale of
four feet to the inch, showing the following:
(1)
All pavement, storm drains, sanitary sewers, gas lines and water
lines with appurtenances.
(2)
Pavement and utility stationing, including all horizontal and vertical
control points and grades.
(3)
Signature and seal of a professional engineer registered in New York
State or a qualified land surveyor under § 7208, Subdivision
n, of the Education Law.
(4)
A North arrow.
(5)
Standard title block.
C.
Final plat and plan/profiles shall show all facilities which the
subdivision standards require. All lettering shall be neat and legible.
D.
All sheets shall not be smaller than 8 1/2 inches by 14 inches
nor larger than 30 inches by 42 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.
E.
In addition to the required drawings, the following documents shall
be submitted as part of the final submission:
(1)
Completed Town of Saratoga final submission form.
(2)
Offer of cession, in a form approved by the Board, of all land included
in streets, walks, easements and recreation areas not specifically
reserved by the owner. If required by the Board, there may be a payment
in lieu of the offer of recreation areas. Approval of the plat does
not constitute acceptance of the offer of cession.
(3)
Certificate of adequacy of the proposed water supply and sewerage
service, as required by the Public Health Law of New York State and/or
the Saratoga Co. Health Department, if applicable, and/or the Environmental
Conservation Department of New York State.
(4)
Statement by the appropriate Town representative certifying that
certain improvements have been installed and approved.
(5)
Deed description and proof of ownership of the land to be subdivided.
(6)
Protective covenants in form for recording, including covenants governing
the maintenance of unceded public spaces or reservations.
(7)
Final designs of bridges and culverts, unless included in preliminary
submission.
F.
More detailed information may be required by the Planning Board as
a part of the final submission in special cases.[2]
[2]
Editor's Note: Original Part. I, Secs. VI, Inspection
of Construction and "As-Built" Drawings, and VII, General Requirements
for the Subdivision of Land, which immediately followed this section,
were repealed 10-10-2007 by L.L. No. 6-2007.
A.
All improvements granted final approval shall be constructed in each
new subdivision in accordance with the standards and requirements
established by the Town Planning Board and in accordance with the
condition of the final approval. The owner may install such improvements
at his 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.
B.
The standards and specifications for single-family residential subdivisions
are contained in this chapter and design and construction standards.
Additional improvements or improvements meeting more stringent standards
and specifications may be required by the Planning Board for multifamily
dwellings, commercial and industrial subdivisions.
A.
Where the Planning 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 hardship
may result from strict compliance with this chapter, it may waive
certain requirements of this chapter so that substantial justice may
be done and the public interest secured, provided that no such waiver
shall be granted which will have the effect of nullifying the intent
and purpose of the Official Map, Zoning Ordinance,[1] this chapter or ordinances of the Town. In granting changes
and modifications, the Planning Board may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so changed or modified.
B.
The standards and requirements of this chapter may be modified by
the Planning Board in the case of a plan and program for a complete
community or other planned development which in the judgment of the
Planning Board provides adequate public spaces and improvements for
the circulation, recreation, light, air and service 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.
[Added 7-19-2004 by L.L.
No. 5-2004; amended 11-10-2005 by L.L. No. 3-2005; 5-14-2007 by L.L. No. 2-2007; 4-13-2009 by L.L. No. 5-2009]
A.
Minor subdivision.
(1)
Application
Fee (includes advertising fees):$300 for 2 lots; $400 for 3 lots;
$500 for 4 lots.
(2)
Engineering
escrow deposit: $500 shall be deposited in escrow with the Town to
pay the costs of any reasonable and necessary engineering reviews,
consultations and inspections on behalf of the Town. Funds will be
withdrawn only for actual expenses incurred. Any unused portion will
be refunded to the applicant. Upon notice to the applicant, additional
funds required for such expenses must be paid prior to further consideration
of the application.
B.
Major subdivision.
(1)
Application
Fee (including advertising fees): $1,000 plus $250 for each resulting
lot.
(2)
Engineering
escrow deposit: $2,000 shall be deposited in escrow with the Town
to pay the costs of any reasonable and necessary engineering reviews,
consultations and inspections on behalf of the Town. Funds will be
withdrawn only for actual expenses incurred. Any unused portion will
be refunded to the applicant. Upon notice to the applicant, additional
funds required for such expenses must be paid prior to further consideration
of the application.
C.
Payment in lieu of park land dedication. Where any proposed subdivision
plat contains residential units, if the Planning Board makes a finding
that there is a present and anticipated future need for park and recreational
facilities for the Town, and further that a suitable park or parks
of adequate size cannot be properly located on such subdivision plat,
the Planning Board may require a payment in lieu of parkland dedication
in the amount of $500 per lot or site. Such payments so collected
shall be placed by the Town into a trust fund to be used exclusively
for park, playground or other recreational purposes, including the
acquisition of property.
