[Amended 7-14-2020 by L.L. No. 2-2020]
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/her duly authorized agent shall apply, in writing,
for approval of such proposed subdivision in accordance with the following
procedures.
B. Property
merger applications shall be made to the Assessor rather than to the
Planning Board. Upon confirming that all property taxes have been
paid in full on the lots being merged, that all required application
information has been received and that any applicable fees have been
paid, the Assessor shall submit a merger request form to the Saratoga
County Real Property Tax Service requesting that the parcels be merged
into one tax parcel.
Before the Planning Board grants final approval
of the subdivision plat, the subdivider shall follow the procedure
set forth as follows: In an amount set by the Planning Board, the
subdivider shall file with the Town Clerk a certified check to cover
the full cost of the required improvements, a performance bond to
cover the full cost of the required improvements or an irrevocable
letter of credit to cover the full cost of the required improvements.
Any such bond or letter of credit shall comply with the requirements
of § 277 of the New York State Town Law and shall be satisfactory
to the Town Attorney and the Town Engineer as to form, sufficiency,
manner of execution and surety. A period of one year (or such other
period as the Planning Board may determine appropriate not to exceed
three years) shall be set forth in the bond or letter of credit within
which required improvements must be completed. At the request of the
subdivider, at six-month intervals the project may be reviewed by
the Planning Board and the Town Engineer. Security may be reduced
by up to 80% of the value of the satisfactorily completed improvement,
as determined by the Town Engineer. The form of the bond or letter
of credit must be structured to preclude release without written consent
of the Planning Board.