A. 
Every lot created by subdivision must conform to the applicable regulations of this chapter.
B. 
Public improvements required by site plan review must conform to the requirements of this article.
C. 
All public improvements and subdivision monumenting must meet the standard details of the City of Saratoga Springs. The Department of Public Works may modify public improvement standards following a site evaluation and verifying the need for such modifications.
A. 
All lots created during subdivision must comply with the minimum lot area and width standards of the applicable zoning district. However, if the subdivision is a conservation design, it is subject to the regulations of conservation design.
B. 
Every lot created by subdivision must front on a street and must be substantially similar in shape to those lots on the same block, unless the existing contours of an adjacent street or previously established lot render such shape impractical.
C. 
Every lot or parcel of land that is subdivided into two or more lots must be so divided that each separate lot contains a relatively straight boundary line between each lot as much as practical.
D. 
Through lots and flag lots must be avoided, except where needed to overcome specific disadvantages of topography and orientation.
E. 
The Planning Board may require that lots within a development do not derive access exclusively from arterial or collector streets. If access from such streets is necessary for several adjoining lots, the Planning Board as part of plat approval may require that the lots be served by a combined access drive in order to limit possible traffic hazards. Driveways must be designed and arranged to avoid vehicles having to back out onto arterial or collector streets public ways.
F. 
Lots must be laid out to provide positive drainage away from all buildings. Individual lot drainage must be coordinated with the overall storm water management for the development. Adequate and positive drainage must be provided by the developer and builder during grading and finished grading activities.
G. 
When feasible, lot arrangement should be such that building sites will afford maximum utilization of energy conservation measures, such as providing for solar access purposes.
A. 
Areas unsuitable for development and hazardous conditions. Land that the Planning Board finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that would be harmful to safety, health, and welfare of residents and/or businesses, and/or negatively impact surrounding areas cannot be subdivided or developed unless adequate methods are implemented by the developer and approved by the Planning Board to solve the problems created by the unsuitable land conditions. Such land should be set aside for uses, such as open space, which would not create a danger.
B. 
Preservation of natural features and amenities. Existing natural features and amenities, such as tree stands, watercourses, areas of historic or cultural significance, and similar assets, must be preserved in the design of the subdivision or development when required by the Planning Board. No removal of features is permitted until a preliminary plat or site plan has been approved by the Planning Board.
C. 
Disposal of natural and construction waste materials. No cut trees, timber, debris, junk, rubbish, or other waste materials of any kind may be buried in any land or left or deposited on any lot or public right-of-way. Removal of such waste is required prior to issuance of any certificate of occupancy. No such waste may be left behind or deposited in any area of the subdivision or development at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner.
A. 
Engineering standards. All infrastructure improvements must meet the engineering standard details of the City of Saratoga Springs. The Department of Public Works may modify such standards following a site evaluation and verifying the need for such modifications.
B. 
Sanitary sewer. Requirements and regulations for sanitary sewer are found in Chapter 231, Water and Sewers, of the City Code.
C. 
Water supply. Requirements and regulations for water supply are found in Chapter 231, Water and Sewers, of the City Code.
A. 
Utility services should be clustered within a single easement when practical.
B. 
The developer must provide underground utilities unless specific site conditions make the installation of underground utilities impractical, subject to verification by the Department of Public Works.
C. 
On all preliminary and final plats and site plans, developers are required to dedicate easements for public utilities. Such easements must be at least 30 feet in width. The developer must take such actions as are necessary to ensure the coordination and continuation of utility easements established on adjacent properties with those proposed within his/her development. Easements must be indicated on the plats.
D. 
Temporary construction easements exceeding the width of permanent easements may be required as necessary until completion of any one project.
E. 
The City and public utility companies must have the perpetual right, privilege, and authority to construct, reconstruct, repair, inspect, maintain, and operate the variety of utility transmission and distribution systems within such easement, together with right of access across the property for necessary personnel and equipment to do work.
F. 
No permanent buildings are permitted within the easement, but the easement may be used for gardens, shrubs, landscape, and other purposes that do not interfere with the utility and its maintenance. However, within these easements, the right is also granted to cut down and trim or remove any fences, temporary structures, trees, shrubs, or other plants, without compensation, that interfere with operation of the utilities.
G. 
The City may vacate such easements dedicated when the utility companies or other affected governmental units have agreed to the release of the easement. In order to vacate a utility easement, the Department of Public Works must receive written confirmation from all utility companies and governmental units that provide infrastructure at that location indicating there is no objection to the vacation. An easement may be vacated by a re-plat of the plat that originally dedicated the easement.
A. 
Applicability.
1. 
Upon finding that a proper case exists for requiring a park or other recreational purpose within the City, the Planning Board will require an offering of usable land for active recreation or passive open space, or fee in lieu of land, for each new residential unit created through the subdivision or site plan review processes, with the following exceptions:
a. 
Conservation subdivisions are exempt from the applicable requirements in § 240-15.8B through E. This exemption does not apply to subdivisions classified as conventional by the provisions of § 240-16.7.
b. 
When public civic space is required by § 240-9.3, such land area is counted toward the required land area of this section.
2. 
The Planning Board's finding must include an evaluation of the present and anticipated future need for park and recreational facilities based on projected population growth to which the particular site plan or subdivision will contribute.
B. 
Required land area.
1. 
The owner must offer or provide to the City Class A or Class B type usable land, or combination thereof, equal in size to at least 10% of the subject parcel(s) for use as recreational land.
a. 
Class A type usable land — active recreational land. Class A type usable land refers to developable land generally devoid of wetlands, drainage courses, steep slopes, and the like. The Planning Board may specify which lands within the development plan must be dedicated for parkland and may seek recommendations from the City Recreation Commission on such offers. The Planning Board may require that the owner suitably grade the offered land.
b. 
Class B type usable land — passive recreational land/open space preservation. Class B type usable land refers to land not suitable generally for development except for passive open space. Unique and scenic areas and those areas bordering streams, lakes or other watercourses may be given special consideration by the Planning Board and, should they be deemed essential or desirable for public open spaces, the Planning Board may request that the owner offer or provide Class B type usable land to be defined and preserved as passive open space. The Planning Board may seek recommendation from the Open Space Advisory Committee on its determination.
C. 
Payment of fee in lieu of usable land. In the event the Planning Board makes a finding that the proposed development plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on the site, or that the site is not desirable to provide passive open space. The Planning Board may require a sum of money in lieu thereof to be established by the legislative body. The fee is required for each new residential unit created and shall be paid prior to Chair signature on any final plans. The fee must be used by the City exclusively for neighborhood park, playground, or recreation purposes including the acquisition and improvement of property, preservation of open space, or stewardship of existing open space.
D. 
Combination of land and fee in lieu. If the Planning Board determines that only a portion of the 10% area offered or provided by the owner is acceptable for public use, then the owner must dedicate or conserve the acceptable land and pay a fee equal to the difference in the percentage of land offered and the 10% required.
E. 
Prior land set aside for subdivision. If the land included in a site plan is a portion of a previously approved subdivision, the Planning Board will credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of re-subdivision of such plat, nothing precludes the additional reservation of parkland or money donated in lieu thereof.
F. 
Management of recreation land and open space.
1. 
General regulations.
a. 
If the recreation land or open space land will not be City owned, a management and ownership plan must be prepared and submitted and must be owned and managed by one or a combination of the following. The management plan must meet the applicable standards for each ownership type.
b. 
The association or organization responsible for the recreation land is responsible for all maintenance. If the recreation land connects to and/or impacts any public areas, if any damage or negative impacts occur, the association or organization is responsible for any repairs and/or reconstruction.
2. 
Homeowners' association.
a. 
The developer must provide the City with a description of the association, proof of incorporation of the association, a copy of its bylaws, and satisfactory proof of adoption thereof, a copy of the declaration of covenants, easements, or restrictions or similar document(s) regulating the use of the property and setting forth methods for maintaining the recreation land.
b. 
The association must be organized by the developer and operated with financial subsidization from the developer before the sale of any lots within the development.
c. 
Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to the homeowners must be identified.
d. 
The association is responsible for maintenance and insurance on recreation land owned by the association, enforceable by liens placed by the homeowners' association. Maintenance obligations also may be enforced by the City, which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the recreation land to collect unpaid taxes.
e. 
The members of the association must share equitably the costs of maintaining recreation land owned by the association. Shares must be defined within the association bylaws or declaration. Association dues must be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any facilities and must be reserved for such purposes.
f. 
The association must have or hire adequate staff to administer the facilities and to properly and continually maintain the recreation land.
g. 
The homeowners' association may lease recreation land lands to any other qualified person or corporation for operation and maintenance of such lands, but such a lease agreement must provide:
(i) 
That the residents of the development will at all times have access to the open space lands contained therein (except that access to land that is actively farmed).
(ii) 
That the recreation land to be leased must be maintained.
(iii) 
That the operation of recreation land may be for the benefit of the residents only or may be open to the public, at the election of the developer and/or homeowners' association, as the case may be.
h. 
Homeowners' association documentation approved by the City demonstrating compliance with these provisions must be recorded with the final plat or final site plan, and proof of recording thereof must be provided to the City prior to the issuance of any building permits for the property. At the time of preliminary plan submission, the applicant must provide draft homeowners' association documentation with sufficient detail to demonstrate compliance with this section.
3. 
Condominium association. To the degree applicable, condominium documents must comply with Subsection F1 above for homeowners' associations. Condominium documents must be recorded with the final plat or final site plan. At the time of preliminary plan submission, the applicant must provide draft condominium documents with sufficient detail to demonstrate compliance with this section.
4. 
Private conservation organization. With the permission of the City, an owner may transfer either fee-simple title of the recreation land or easements on the recreation land to a private conservation organization among whose purposes it is to conserve open space and/or natural resources, provided that:
a. 
The organization is acceptable to the City, and is a bona fide conservation organization with perpetual existence.
b. 
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
c. 
The recreation land is permanently restricted from future development through a conservation easement and the City is given the ability to enforce these restrictions.
d. 
A maintenance agreement acceptable to the City is entered into by the developer and the organization.
5. 
Private ownership. An individual who will maintain the land for recreation land purposes, as provided by a conservation easement. This option may be used only on a very limited basis for unique situations where no other options are practical, as approved by the Planning Board.
A letter of credit or acceptable equivalent security must be delivered to the City to guarantee that the applicant will construct and complete the required improvements as indicated on the approved site plan or subdivision plat. The Planning Board may waive the requirement for a performance guarantee if the estimated cost of site improvements is less than $10,000 with approval by the Department of Public Works.
A. 
Establishment of performance guarantee.
1. 
The performance guarantee must cover the full estimated cost of required off-site improvements within the public right-of-way and areas to be dedicated to the City or utilities to be dedicated to the City and 25% of the full estimated cost of required on-site improvements. These improvements may include grading, curbs, sidewalks, utilities, street lighting, driveways, parking lots, plantings, signs, and the like.
2. 
Estimates of construction costs are to be submitted to the Planning Board by the applicant's New York State licensed professional engineer or landscape architect. The Department of Public Works must review and revise estimated costs in accordance with current construction standards and practices or as modified by the Planning Board.
3. 
The performance guarantee must comply with the requirements of the adopted City Council policy, as may be amended from time to time.
4. 
The performance guarantee must be valid for no less than 12 months and expires at quarterly intervals. Upon completion of all required construction, and with approval of the Department of Public Works, the City will cancel the performance guarantee by written notice to the applicant.
B. 
Amendment and/or extension to performance guarantee. An applicant may request to extend and/or amend the original performance guarantee. The Planning Board Chairperson, in consultation with staff, may act upon the request administratively and report such action to the Board in a timely manner, or may refer the request to the Planning Board for its review. All requests to extend or amend must be approved by the Department of Public Works. All applications for amendment or extension must be accompanied by the required fee.
Construction and inspections are conducted by the Department of Public Works.
A. 
Pre-construction conference. Following final plat and site plan approval, a pre-construction conference must be held with the Department of Public Works and relevant department staff to discuss construction schedules, process and inspections.
B. 
Construction notifications. The owner or designated representative must notify the Department of Public Works 48 hours prior to commencing any work and prior to resuming work if the contractor is absent from the site for more than seven days. In addition, the Department of Public Works must be notified prior to any of the following construction activities:
1. 
Site clearing.
2. 
Sanitary sewer installation.
3. 
Storm sewer installation.
4. 
Waterline installation.
5. 
Sub-grade preparation.
6. 
Gravel installation.
7. 
Asphalt binder and wearing courses and curbing.
8. 
Blasting.
9. 
Any special construction.
Failure to notify the Department of Public Works of these activities prior to completion will make the work subject to rejection, excavation, and inspection at the applicant's expense.
C. 
Inspections.
1. 
The Department of Public Works will inspect the required construction activity. The applicant is responsible for all inspection fees as established by the City Council.
2. 
If the Department of Public Works finds that the required improvements have not been constructed in accordance with approved plans and specifications, the Department of Public Works will report such to the City Attorney, the Building Inspector, and the Planning Board. The City Attorney will notify the applicant and, if necessary, the financial guarantor, and take all necessary steps to preserve the City's rights under the performance guarantee.
3. 
The Department of Public Works has the authority to suspend work on any site if it is found to be in violation of the approved plat or plan or is conducted in an unsafe or dangerous manner. All unauthorized activity must be suspended until the stop work order has been rescinded.
a. 
The stop work order must be in writing and must state the conditions under which the activity may resume.
b. 
The stop work order will be presented to the person performing the work and, if different, the property owner in person or by certified or registered mail, and may be placed upon a conspicuous portion of the building or premises in use.
4. 
The Department of Public Works has the authority to direct or take immediate action to abate or remedy any hazard or imminent danger to the public health, safety, or welfare. Any documented costs incurred by such action will be paid for by the owner of such property or person responsible. The City is authorized to institute a suit, if necessary, against the person liable for such expenses or to place a lien against the property in order to recover the said costs.
5. 
Upon completion of all required improvements, the applicant must submit proposed "as-built" drawings to the Department of Public Works for review and approval.