By the authority of the resolution of the Town
Board of the Town of Halfmoon adopted on March 5, 1968, pursuant to
the provisions of Article 16 of the Town Law of the State of New York,
the Planning Board of the Town of Halfmoon is authorized and empowered
to approve plats showing lots, blocks or sites, with or without streets
or highways; to approve the development of entirely or partially undeveloped
plats already filed in the office of the Clerk of the County, and
to conditionally approve preliminary plats within that part of the
Town of Halfmoon outside the limits of any incorporated city or village.
It is declared to be the policy of the Planning Board to consider
land subdivision plats as part of a plan for the orderly, efficient
and economical development of the Town. This means, among other things,
that land to be subdivided shall be of such character that it can
be used safely for building purposes without danger to health, or
peril from fire, flood or other menace; that proper provision shall
be made for drainage, water supply, sewerage and other needed improvements;
that all proposed lots shall be so laid out and of such size as to
be in harmony with the development pattern of the neighboring properties;
that the proposed streets shall compose a convenient system conforming
to the Official Map, if such exists and shall be properly related
to the proposals shown on the Comprehensive Plan, if such exists,
and shall be of such width, grade and location as to accommodate the
prospective traffic, to facilitate fire protection and to provide
access of fire-fighting equipment to buildings; and that proper provision
shall be made for open spaces for parks and playgrounds.
The following definitions are to be read and
interpreted in the total context of the regulations as construed by
the Planning Board to implement the intent and meaning of this subdivision
chapter:
Plats/plan profiles submitted by the owner, prior to dedication
of roads or utilities to the Town, showing all construction as it
has occurred in the field, i.e., roads, monuments, sanitary sewer,
storm sewer, waterlines and valves (etc.), gas mains, electric lines,
telephone lines, cable television, all other cable and conduit, etc.
The Planning Board of Halfmoon or any person authorized by
the Planning Board to act as its representative.
Is a comprehensive plan for the development of the Town as
authorized in § 272-a of the Town Law.
A voluntary, legally binding covenant between a landowner
and a land trust which shields an entire parcel of land or parts thereof
from future residential, commercial, industrial or any other type
of development by securing the land’s development rights. The
conservation easement allows the landowner to retain immediate ownership
rights on his/her property, may be permanent or temporary (term conservation
easement) and may be tailored towards agricultural, historical or
open space conservation purposes.
[Added 6-19-2007]
A pattern of development that places housing units on those
portions of a property most suitable for development, while leaving
substantial portions as undeveloped open space. Such subdivisions
may include a variety of lot sizes, ranging from large farm or estate
lots to lots similar in size to those found in hamlet or village settings.
[Added 6-19-2007]
The area within a parcel of land that includes both developable
areas and areas containing development constraints (wetlands, steep
slopes, etc.), which is allocated towards the fulfillment of the minimum
open space requirement. This may also include agricultural lands since
these uses are integral in the preservation of rural character.
[Added 6-19-2007]
A parcel’s acreage that includes surface water bodies,
State and federal wetlands and any required buffers, one-hundred-year
floodplains, floodways, lands with slopes 15% or greater (measured
over a fifty-foot horizontal distance), and unique or critical habitats
such as those which support threatened or endangered species.
[Added 6-19-2007]
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.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
Duly designated Engineer of the Town.
An escrow account established by the owner for inspection
fees incurred by the Town during construction.
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 for recording. The final plat
is submitted as part of the final submission.
Final approval of a plat in final form is the signing of
a final plat by a duly authorized officer of the Board after a resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the county clerk or register in the county in which such plat is
located.
Conditional approval by the Board of a final plat is the
approval of a final plat subject to conditions set forth by the Board
in a resolution conditionally approving such plat. Such conditional
approval does not qualify a final plat for recording nor authorize
issuance of building permits prior to the signing of the plat by a
duly authorized officer of the Board and recording of the plat in
the office of the county clerk in accordance with the applicable provisions
of Town Law.
Refers to the complete process of reviewing a final submission
and issuing a final approval or disapproval by the Board.
Refers to the final plat and all other documents the subdivider
is required to submit for final review of a subdivision by the Board.
That portion of land shown on a site plan that is to remain
undeveloped or landscaped with grass and/or other plant materials
but not impervious surfaces. Unless otherwise required by the Planning
Board or Town Board, said lands shall be seeded and planted with appropriate
materials or left in their natural state. They shall not contain buildings
or structures other than fences and shall not be used for the display
or storage of any merchandise, material or for the parking of vehicles.
The term "green space" is often used interchangeably with "open space."
However, open space is also used more specifically to define lands
that are permanently preserved through deed restriction, conservation
easement, or dedication to the Town whereas green space tends to refer
to those remaining undeveloped or landscaped areas typically associated
with nonresidential projects.
[Added 6-19-2007]
A contract agreed to by owners of homes in any area that
provides regulations for the operation and maintenance of commonly
owned facilities and/or open space.
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 subdivision construction to be drawn on only by
the Town.
A lot on which the proposed structure can be built on a stabilized
foundation with any required erosion control and with supporting utilities,
including water supply and waste disposal, and which can be located
within required setbacks and in an acceptable engineering fashion.
Changes in drainage patterns must not adversely affect neighboring
properties or threaten the structures proposed for the lot.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°.
A lot with the rear and front lot lines abutting existing
or proposed streets.
A lot with a driveway access strip which has a minimum width
of 20 feet and fronts on a public road and provides access to the
buildable portion of the lot. The flag lot shall be large enough to
contain the minimum lot area required by the Zoning Ordinance[1] without including the area within the driveway access
strip. Building setbacks shall be measured from the lot lines of the
buildable portion of the lot.
[Amended 4-6-2022 by L.L. No. 1-2022]
A letter of credit or bond for 10% of total construction
costs submitted by the owner to the Town prior to dedication of municipal
utilities or roadways, to be utilized by the Town for any necessary
repair of municipal utilities or roadways after dedication of such
municipal utilities or roadways.
[Amended 7-3-2013 by L.L. No. 3-2013]
Facilities which would ultimately be owned by the Town or
other agency, such as water mains, sanitary sewer (to be dedicated
to the Saratoga County Sewer District), and storm sewer.
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 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 under § 277(1)
of the Town Law, as amended.
Land that is protected in perpetuity as undeveloped that
may or may not be used for passive recreation and may include agricultural
uses. Permanent open space is typically protected through a conservation
easement or deed restriction.
[Added 6-19-2007]
Any activity disturbing five or more acres of ground whether
or not the disturbance is contiguous or occurs on contiguous tracts,
except excavation for sewer, water and utility lines; emergencies,
site investigations; and customary agricultural activity.
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.
Approval by the Planning Board of a preliminary plat is the
approval of the layout of a proposed subdivision as set forth in a
preliminary plat but subject to approval of the plat in final form.
The complete process of reviewing a preliminary submission
and issuing a conditional approval, conditional 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.
Quality open space is defined as undeveloped land or agricultural
land and includes areas that are interconnected (not fragmented),
accessible (not tied up in back lots) and that contribute to the aesthetic
quality of the neighborhood. Accessible means that the open space
is partially located adjacent to the main road (not the internal subdivision
road) and/or adjacent to a trail corridor.
[Added 6-19-2007]
A fee to be charged for a major subdivision to an owner in
the amount specified in Appendix 1 of these regulations in lieu of
dedicated land areas for recreation.[2] Such fee shall be deposited in the Town's general recreation
fund to be used at the discretion of the Town for recreational purposes.
A recreation fee is not required for a minor subdivision.
The portion of a street which is designated for vehicle use.
A sketch of a proposed subdivision showing the information specified in § 143-4, Preapplication conference, of this chapter to enable the owner to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this chapter .
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 HIGHWAYSThose used or destined to be used primarily for fast or heavy traffic whether existing or proposed. A list of arterial streets shall be maintained on file by the Planning Board at the Town Hall. The Planning Board shall have the power and authority to amend, change, or supplement that list as the Board deems fit and proper.
COLLECTOR STREETSThose which carry traffic from local streets to the major system of arterial streets and highways. Collectors may also serve as secondary arteries to carry some through traffic.
LOCAL STREETSThose which are used primarily for access to the lots fronting on those streets.
MARGINAL ACCESS STREETS (SERVICE ROADS)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.
A street or a portion of a street with only one vehicular
traffic outlet.
The division of any parcel of land into two or more lots,
plots, 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.
Any subdivision not classified as a minor subdivision, including,
but not limited to, subdivisions of five or more lots there from within
any consecutive three-year period, regardless of whether said parcels
have been sold, rented or offered for sale or lease singly or collectively,
or any size subdivision requiring any new street or extension or construction
of municipal utilities.
[Amended 5-3-2017 by L.L.
No. 1-2017]
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension or construction of municipal utilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Comprehensive Plan, Official Map, or Zoning Ordinance, if such exists,
or this chapter .
A person licensed as a land surveyor by the State of New
York.
The Town Board of Halfmoon, Highway Superintendent of Halfmoon
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 parcel’s remaining acreage after constrained land
is subtracted. Unconstrained land shall be the basis for calculating
maximum allowable density.
[Added 6-19-2007]
