Town of Waterford, NY Article III Procedures for Filing Subdivision Applications

§ A166-3 Application for approval required.

A. Whenever any subdivision of land is proposed to be made, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures. Where an application also requires site plan review or special use permit approval, the Planning Board shall integrate, to the extent reasonably practicable, all site plan and special use review requirements with the procedural and submission requirements for compliance with this regulation so as not to delay review and decisionmaking.

B. Future resubdivision. Where a parcel or tract of land is substantially larger than the minimum size required in the zoning district in which the parcel or tract is located, it may only be subdivided twice into lots meeting the minimum district requirements prior to seeking approvals as for a major subdivision according to this chapter. Upon the third subdivision application and any and all applications thereafter relative to any parcel or tract of land, a subdivision plan for the entire parcel or tract shall be required indicating plans for roadways, utilities, lot arrangements and such other specifics so as to permit future resubdivision in accordance with the requirements of this chapter.

§ A166-4 Sketch plan.

A. Sketch plan conference with Planning Board. Prior to submitting an application for a subdivision, the subdivider, or his duly authorized representative, shall attend a sketch plan meeting with the Planning Board to discuss the requirements of these regulations and consistency of the sketch plan with the Town of Waterford Zoning and Subdivision Laws.[1] The intent of the sketch plan conference is to enable the applicant to discuss the proposal with the Planning Board prior to the preparation of a detailed subdivision plan. It is also a meeting for the Planning Board to review the basic site design concept, advise the applicant as to potential problems or concerns, and to generally determine the information to be required on the subdivision plat.

[1] Editor's Note: See Ch. 161, Zoning.

B. Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Board Secretary, at least 14 days prior to the regular meeting of the Board, eight copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § A166-20 for the purposes of classification and preliminary discussion. Electronic submissions are preferable.

C. Discussion of requirements and classification.

(1) The subdivider or the duly authorized representative shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.

(2) Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a boundary line adjustment, or a minor or major subdivision, as defined in these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a boundary line adjustment, the applicant shall then comply with the procedure outlined in Article III, § A166-4 of these regulations. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ A166-5 and A166-9 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ A166-6, A166-7, A166-8, A166-9 and A166-10.

D. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.

(1) The Planning Board's review of the sketch plan shall consider, but not be limited to:

(a) Evaluation of the building envelope, setbacks, build-to-lines, and required buffers, if any;

(b) The location of all areas proposed for land disturbance with respect to natural, cultural, and historic features;

(c) Street connections and road network;

(d) Proposed building density and lot coverage as prescribed by the Town Zoning Law;[2]

[2] Editor's Note: See Ch. 161, Zoning.

(e) Consistency with all other requirements of the Town Zoning Law; and

(f) Whether any escrow account shall be established to fund review of the project.

(g) Whether the proposed subdivision is located within the Town of Waterford LWRP Waterfront Area.

(2) Site visits. The Planning Board may schedule a site visit with the subdivider to develop a mutual understanding of the general nature of the site and the approach for subdividing the land. At any phase of the subdivision review, the Planning Board may require additional site visits.

(3) The Planning Board shall have the authority to forward the sketch plan to other Town agencies or consultants for advisory comment. This includes the Department of Public Works, police, Fire Department, emergency medical, water, sewer, or any other agency who may have jurisdiction.

(4) The Planning Board shall advise the subdivider of any general recommendations on layout, arrangement of lots, or required improvements, taking into consideration the requirements of these regulations, the Town of Waterford Zoning Law (Chapter 161) and the Town of Waterford Comprehensive Plan. In particular, the Planning Board shall ensure that the proposed subdivision is consistent with all design requirements, planning principles, environmental considerations and community concerns of the Town of Waterford Zoning Law (Chapter 161, Article II, Article III and Article V), and Article VI (Design Standards) of these regulations. It shall informally advise the subdivider of the extent to which the proposed subdivision conforms to the relevant standards and may suggest possible plan modifications that would increase its degree of conformance. The subdivider shall not be bound by any sketch plan, nor shall the Planning Board be bound by any such review, however.

(5) The Planning Board need take no further action until the application has been classified as a minor or major subdivision or boundary line adjustment. The Planning Board shall make a notation regarding classification directly on the sketch plan or in the minutes of the Planning Board meeting. Upon designation of the sketch plan, the subdivider may proceed with procedures for subdivision review or boundary line adjustment outlined in these regulations.

§ A166-5 Minor subdivisions.

A. Application and fee.

(1) Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § A166-21.

(2) All applications for plat approval of a minor subdivision shall be accompanied by a fee as noted in a fee schedule adopted by the Town Board. Fees may be waived in special circumstances at the discretion of the Planning Board.

B. Number of copies. Nine copies of the minor subdivision plat shall be presented to the Board Secretary at the time of submission of the subdivision plat.

C. Subdivider to attend Planning Board meeting. The subdivider or the duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plat.

D. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, deemed complete and accompanied by the required fee and all data required by § A166-21 of these regulations, has been filed with the Board Secretary at a regular meeting of the Planning Board. A determination by the Planning Board that it has received a complete application shall initiate all time frames as set forth in these regulations.

E. Referrals and coordination with SEQRA.

(1) The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA).[1]

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

(2) Prior to taking the final action on the minor subdivision, and at least 10 days prior to the public hearing, the Planning Board shall refer the plan to the Saratoga County Planning Board for their review and recommendation pursuant to § 239-m of the New York State General Municipal Law. County Planning Board referral shall be required if they apply to real property within 500 feet of the following:

(a) The boundary of any city, village or town; or

(b) The boundary of any existing or proposed county or state park or any other recreation area; or

(c) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or

(d) The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

(e) The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or

(f) The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law, except this subparagraph shall not apply to the granting of area variances. The Planning Board may request an advisory opinion from any Town of Waterford department, agency, consultant, attorney or employee related to the application being considered for subdivision approval. Any advisory opinion must be submitted to the Planning Board so that all procedural time frames shall be met. All costs incurred by any department, agency or employee for providing assistance in a particular proceeding shall be borne by the applicant.

F. Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time the minor subdivision application is deemed complete. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened. The period within which the Planning Board shall hold a public hearing on the minor subdivision plan shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA and New York State Town Law § 276. Said hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing unless a hearing is held jointly on both the subdivision and a draft environmental impact statement; the notice shall be published 14 days prior to the public hearing as per Subsection F(1), below. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(1) When the Planning Board serves as the lead agency under SEQRA, the time within which the Planning Board shall hold a hearing on the subdivision shall be coordinated with any hearings the Planning Board may be scheduled pursuant to SEQRA. If the Planning Board determines that no environmental impact statement is required, the hearing shall be held within 62 days after the filing of a complete application. Where such Board determines that an environmental impact statement is required, the public hearing on both the subdivision and draft environmental impact statement shall be held jointly within 62 days after filing of a complete application. When a hearing is held jointly on an environmental impact statement, the legal notice for the public hearing shall be published 14 days prior to the public hearing.

(2) Consistent with the requirements of § 239-nn of the New York State General Municipal Law, the Planning Board shall give notice to an adjacent municipality when a hearing is held relating to a minor subdivision review on property that is within 500 feet of the adjacent municipality. Such notice shall be sent by mail or via electronic submission to the Town Clerk in the adjacent municipality at least 10 days prior to the hearing. The adjacent municipality may appear and be heard.

(3) Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a subdivision application.

G. Action on subdivision plat.

(1) The Planning Board shall, by resolution, within 62 days from the close of the public hearing, or, within 30 days after the adoption of findings on an environmental impact statement by the lead agency for SEQRA, whichever is longer, act to conditionally approve with modification, disapprove, or grant final approval. If approved, the Planning Board will authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.

(2) Prior to obtaining the Planning Board officer's signature of approval, the Planning Board may require that the applicant provide proof of compliance with the New York State Department of Health, the Saratoga County Department of Health, or both, as the case may be, standards and approval of the plan for water supply and sewage disposal and with all other required local, state, and federal permits and approvals, including, but not limited to, stream disturbance, wetland and wetland buffer disturbance, highway work, curb cuts, stormwater connections, SPDES permit discharges, or dams and impoundment.

(3) If approved, at least five copies of the minor subdivision plat must be officially endorsed by the Planning Board Chair, or designee. If the final submission is approved by the Board, an appropriate notation to that effect shall be made on the final plat submitted to the Board. At least one copy shall be returned to the owner and one copy shall be retained by the Board for its records.

(4) In the event of disapproval of a minor subdivision plat, the Planning Board shall fully set forth the reasons for such disapproval in its resolution and formally notify the applicant, in writing, of the reason(s) for disapproval.

(5) Upon granting conditional approval with or without modification to the plat, the Chairman and Planning Board Secretary shall sign the plat upon compliance with such conditions and requirements as may be stated in the Planning Board's resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be certified by the Board Secretary as conditionally approved, a copy shall be filed in the Town Clerk's office and a copy returned to the subdivider. The copy returned to the subdivider shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the Chairman and Board Secretary. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.

(6) Filing shall be completed pursuant to § 166-9 of these regulations.

§ A166-6 Preliminary plat for major subdivisions.

A. Application and fee. Subsequent to the sketch plan meeting, and prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed major subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form described in § A166-22 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § A166-22 of these regulations, except where a waiver may be specifically authorized by the Planning Board.

(1) The application for approval of the preliminary plat shall be accompanied by a fee as noted in a fee schedule adopted by the Town Board. Fees may be waived in special circumstances at the discretion of the Planning Board.

B. Number of copies. Nine copies of the preliminary plat shall be presented to the Board Secretary 14 days prior to the meeting at which it is to be considered. An application that does not include all the required submissions shall be deemed incomplete and may not be considered by the Planning Board until such time as it is deemed complete. Additional copies of the proposed preliminary plat and such further information as is required by the Planning Board may be requested for the purposes of coordinated review under SEQR.

C. Subdivider to attend Planning Board meeting. The subdivider or the duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat. No action will be taken unless a duly authorized representative is present.

D. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, consistency with the design standards of these regulations, and the requirements of the Comprehensive Plan, the Official Map and Zoning Regulations,[1] if such exist. Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for approval of the Planning Board.

[1] Editor's Note: See Ch. 161, Zoning.

E. When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § A166-22 of these regulations, has been filed with the Planning Board Secretary at a regular meeting of the Planning Board. A determination by the Planning Board that it has received a complete application, which includes a negative declaration, or a draft environmental impact statement, shall initiate all time frames as set forth in these regulations.

F. Referrals and coordination with SEQRA.

(1) The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA).[2] Prior to taking the final action on the preliminary plat, and at least 10 days prior to the public hearing, the Planning Board shall refer the plan to the Saratoga County Planning Board for their review and recommendation pursuant to § 239-m of the New York State General Municipal Law. County Planning Board referral shall be required if they apply to real property within 500 feet of the following:

(a) The boundary of any city, village or town; or

(b) The boundary of any existing or proposed county or state park or any other recreation area; or

(c) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or

(d) The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

(e) The existing or proposed boundary of any county or state-owned land on which a public building or institution is situated; or

(f) The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the agriculture and markets law, except this subparagraph shall not apply to the granting of area variances.

[2] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

(2) The Planning Board may request an advisory opinion from any Town of Waterford department, agency, consultant, attorney, or employee; related to any application being considered for subdivision approval. All costs incurred by any department, agency or employee for providing assistance in a particular proceeding shall be borne by the applicant.

G. Public hearing.

(1) A public hearing shall be held by the Planning Board within 62 days from the date a preliminary plat application is deemed complete, or if an environmental impact statement is prepared and a public hearing held on it, within 62 days after the filing of the notice of completion of such impact statement. The period within which the Planning Board shall hold a public hearing on the major subdivision plan shall be coordinated with any hearings the Planning Board may schedule pursuant to SEQRA and New York State Town Law § 276.

(2) Said hearing shall be advertised in the official Town newspaper at least five days before such hearing, or if the hearing is held jointly on an environmental impact statement, the notice shall be for 14 days. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.

(a) Consistent with the requirements of § 239-nn of the New York State General Municipal Law, the Planning Board shall give notice to an adjacent municipality when a hearing is held relating to a major subdivision review on property that is within 500 feet of the adjacent municipality. Such notice shall be sent by mail or via electronic submission to the Town Clerk in the adjacent municipality at least 10 days prior to the hearing. The adjacent municipality may appear and be heard.

(b) All adjoining landowners shall be notified about the hearing by certified mail. The applicant shall prove by affidavit or receipt that all such adjoining landowners were notified no later than 10 days prior to the public hearing by certified mail.

H. Approval of the preliminary plat.

(1) If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision by resolution within 62 days after the close of such hearing with or without modification, or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-two-day period shall constitute approval of the preliminary plat. The time in which the Planning Board must act on such plat may be extended by mutual consent of the subdivider and the Planning Board.

(2) Pursuant to New York State Town Law § 276, Subdivision 5(iii), if an environmental impact statement is required, the Planning Board shall make its decision on the preliminary plat within 30 days of the filing of the final environmental impact statement and issuance of findings.

(3) When so approving a preliminary plat, the Planning Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form.

(4) Within five business days of the approval of such preliminary plat, it shall be certified by the Planning Board as granted preliminary approval and a copy filed in the Board Secretary's office and a certified copy mailed to the owner.

(5) When so approving a preliminary plat, the Planning Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Board Secretary as granted preliminary approval and a copy filed in the Town Clerk's office, and a certified copy mailed to the owner.

(6) When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to 1) the modifications to the preliminary plat; 2) the character and extent of the required improvements for which waivers may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety, morals and general welfare; and 3) the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the subdivision plat.

(7) Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

§ A166-7 Final plat for major subdivisions.

A. Application for approval and fee. The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the approved application blank available from the Board Secretary. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.

B. Number of copies. A subdivider intending to submit a proposed subdivision plat for the final approval of the Planning Board shall provide the Board Secretary with a copy of the application and eight copies. The application shall include a copy of all offers of cession, covenants and agreements and two prints of all construction drawings and shall be submitted 14 days prior to the meeting at which it is to be considered.

C. When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the applications for approval of the subdivision plat, complete and accompanied by the required fee and/or escrow and all data required by § A166-23 of these regulations, has been filed with the Board Secretary at a regular meeting of the Planning Board. A determination by the Planning Board that it has received a complete application, which includes a negative declaration or a draft environmental impact statement, shall initiate all time frames as set forth in these regulations.

D. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the State Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the State Department of Health shall be secured by the subdivider before official submission of subdivision plat.

E. Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that, when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § A166-6 and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.

F. Action on proposed subdivision plat.

(1) The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Board Secretary if no hearing is held or, in the event that a hearing is held, within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to act on a final plat within the time prescribed therefor shall be deemed approval of the plat. If a draft environmental impact statement (EIS) was required, the Planning Board's action on the final plat shall include either a negative declaration or the Final EIS and a statement of findings on the subdivision as required by Article 8 of the New York State Environmental Conservation Law.

(2) Upon resolution of conditional approval of such final plat, the Chairman and Board Secretary shall sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Board Secretary as conditionally approved and a copy filed in the Town Clerk's office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.

(3) Prior to obtaining the signature, the subdivider shall provide proof of compliance with Department of Health standards and approval for water and sewage disposal. Additionally, they shall provide proof of compliance with other local, state and federal agency permits and approvals as may be required, provide at least four copies of the plat and paper copies of the final subdivision plan in such quantity as specified by the Planning Board for the endorsement of the Chairperson, and pay all outstanding escrow, recreation, and inspection fees, if any.

§ A166-8 Required improvements, performance bonds, and inspections.

A. After the Planning Board grants final approval of the subdivision plat, and before any building permits are issued, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:

(1) Performance bond or other security.

(a) As an alternative to the installation of infrastructure and improvements, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or the Town Engineer of other Town-designated consultant(s), where such estimate is deemed to be acceptable by the Planning Board, shall be furnished to the Town by the owner.

[1] Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or Register or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or Register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.

[2] Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to:

[a] A performance bond issued by a bonding or surety company;

[b] The deposit of escrow funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state;

[c] An irrevocable letter of credit from a bank located and authorized to do business in this state;

[d] Obligations of the United States of America; or

[e] Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.

[3] Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.

[4] Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and, upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.

[5] Costs of improvements. The costs of all required improvements shall be borne by the subdivider without reimbursement by the Town of Waterford.

[6] Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks may be made at the sole discretion of the Town Board. The Town Board shall have no obligation whatsoever to accept such offers. The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or imply the acceptance by the Town of any roads, public areas, easements or parks shown on said plan. The Planning Board shall require any dedication offer to be endorsed with notes on the plan to this effect.

(2) The subdivider shall complete all required improvements to the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a letter of credit or certified check covering the costs of such improvements and the costs of satisfactorily installing any improvement not approved by the Town Engineer. Any such letter of credit shall be satisfactory to the Town Board and Attorney for the Town as to form, sufficiency, manner of execution and surety.

(3) The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b) above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a) above, such bond shall not be released until such a map is submitted.

B. Inspection of improvements. At least 10 days prior to commencing construction of required improvements, the subdivider shall notify the Board Secretary, in writing, of the time when construction of such improvements is to be commenced so that the Planning Board may cause inspection to be made by a professional engineer to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board. The subdivider shall pay the fees required for the inspection by the professional engineer. If the inspection finds that any of the required improvements have not been constructed in accordance with the approved drawings, the subdivider and the bonding company or other provider of the subdivider's security will be severally and jointly liable for the costs of completing said improvements.

C. Proper installation of improvements. If the Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board if the subdivider is in default on a previously approved plat.

§ A166-9 Filing of approved final plat.

A. Final approval and filing. Upon completion of the requirements in §§ A166-7 and A166-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the Chairman and Board Secretary and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 62 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void. If the final plat is not filed within this time, the approval shall expire as provided in § 276 of the New York State Town Law. The owner may obtain building permits and begin building construction only after filing of the final plat and receipt by the Town of proof of filing.

If the Final Submission is disapproved, resubmissions may be made within 180 days of the date of disapproval. A resubmission made after 180 days from the date of disapproval may be treated like a new submission and require final review and all fees.

B. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. If any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.

C. The subdivider shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of the improvements by the Town Board. If a certificate of occupancy has been issued for a lot on a road not dedicated to the Town, the Town may on 12 hours' notice plow the street or effect emergency repairs and charge same to subdivider. Any sum remaining unpaid after 30 days shall be added to the tax levy for the affected properties still owned by the subdivider.

D. The subdivider may be required to file with the Town a maintenance bond in an amount determined by the Town Engineer to be adequate to assure the satisfactory condition of the initial public improvements for a period of one year following their completion and acceptance by the Town. Such bond shall be satisfactory to the Town Attorney as to form, manner of execution and surety.

§ A166-10 Street acceptance; recreation areas.

A. Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such subdivision plat.

B. Ownership and maintenance of recreation areas. When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant, a third party, or a homeowners' association, if one exists, and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such street, easement, recreation area, or other open space.

§ A166-11 Boundary line adjustment.

A. Submission requirements. Seven copies of a sketch plan map, as defined in these regulations, and an Application for boundary line adjustment as available from the Board Secretary shall be submitted. The line or lines to be changed in the boundary line adjustment shall be surveyed. The Planning Board may require the entire portion of the parcel or parcels on which the boundary line adjustment is to take place to be surveyed in order to meet Saratoga County requirements.

B. Review. When a boundary line adjustment is proposed, the Planning Board must determine if the adjustment will adversely affect or change the character of any parcel involved. A boundary line adjustment is permitted for lots with preexisting nonconformities related to lot size, setbacks or other dimensions only with an area variance from the Zoning Board of Appeals, provided the degree of nonconformity is not increased, or a new nonconformity is not created.

(1) A boundary line adjustment shall not create any new lot and shall not impede the maintenance of existing or future access or utility service to any lot that is the subject of a boundary line adjustment.

(2) A boundary line adjustment that creates a conforming lot from a nonconforming lot is acceptable.

(3) Any boundary line adjustment on an existing nonconforming lot that continues that nonconformity or that increases a nonconforming lot shall be required to seek an area variance from the Town of Waterford Zoning Board of Appeals prior to Planning Board review.

(4) No public hearing is required for a boundary line adjustment.

C. Action on a boundary line adjustment. Within 62 calendar days of classification, the Planning Board shall act to approve, conditionally approve with or without modifications, or disapprove the proposed boundary line adjustment and so indicate on the surveyed plat. Failure by the Planning Board to act within the stated time period, or a mutually agreed upon extension thereof, shall constitute approval of the boundary line adjustment. The Planning Board's decision granting conditional approval, with or without modification of the plat, shall also empower the Planning Board Chair to sign the plat, upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. This approval authorizes filing of the approved map with the Saratoga County Clerk.

D. Filing. The survey map must be filed with the Saratoga County Clerk within 62 calendar days of the Planning Board's endorsement or the approval shall become null and void and the applicant will have to reapply. The applicant shall draft and file new deeds with the County Clerk within 10 days of the filing of the approved boundary line survey with the County Clerk. The deed shall contain the survey descriptions of the affected parcels as per the approved boundary line adjustment approved by the Planning Board.

E. Fees. A fee, as may be established by the Town Board, shall be paid prior to Planning Board approval of a boundary line adjustment.