The owner shall observe the following general
requirements and principles of land subdivision.
A.
The arrangement, character, extent, width, and location
of all streets shall conform to the Comprehensive Plan and to the
Official Map, if any, and shall be considered in their relation to
other existing and planned streets, to topographical conditions, to
public convenience and safety, and in their appropriate relation to
the proposed uses of land to be served and/or abutted by such streets.
B.
The arrangement of streets in a subdivision shall
either:
(1)
Provide for the continuation or appropriate projection
of existing and/or proposed collector or arterial streets to surrounding
areas; or
(2)
Conform to a plan for the neighborhood approved or
adopted by the Planning Board to meet a particular situation where
topographical or other conditions make continuance or conformance
to existing streets impracticable or undesirable.
C.
Local streets should be so laid out that their use
by through traffic may be discouraged.
D.
Where a subdivision abuts or contains an arterial
street, the Planning Board may require marginal access streets, double
frontage lots with screen planting contained in a nonaccess reservation
along the rear property line, or such other treatment as may be necessary
for adequate protection of adjacent properties, afford separation
of through and local traffic and to minimize direct access points
onto arterial streets.
E.
Where a subdivision abuts or contains a railroad right-of-way
or controlled access highway right-of-way, the Planning Board may
require a street approximately parallel to and on each side of such
right-of-way, at a distance suitable for the appropriate use of the
intervening land, as for park purposes in residential districts or
for commercial or industrial purposes in appropriate districts. Such
distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
F.
The Board may require that street names be approved
by the Town Highway Superintendent or officials designated by the
Town Board to avoid duplications or use of similarly sounding or spelled
names.
G.
Public access shall be provided to streets, water
plants, sewage treatment plants or to other land dedicated or to be
dedicated to public use.
H.
Where a subdivision is traversed by a watercourse,
there shall be a stormwater easement not less than 25 feet in width
conforming substantially with the lines of such watercourse, and such
further width or construction, or both, as will be adequate to confine
a design storm as specified in the subdivision storm drainage design
standards. Parallel streets or parkways may be required in connection
therewith to ensure that the road right-of-way abuts the drainage
easement.
I.
No subdivision shall be built with a single access road exceeding
1,200 feet in length. The Planning Board shall have discretion regarding
the maximum number of units permitted on a single access road but
in no event shall more the 30 units be placed on a single access road.
When a street is extended a distance greater than 1,200 feet beyond
an intersection or will service more than the number permitted by
the Planning Board, a second means of access must be provided that
is at least 300 feet from the original access.
[Amended 5-3-2017 by L.L.
No. 1-2017; 4-6-2022 by L.L. No. 1-2022]
J.
Any damage to an existing street occurring during
the course of development of lands adjacent to the street shall be
the responsibility of the owner of the subdivision that was the cause
of such damage and shall be repaired to the satisfaction of the Town
prior to the issuance of a certificate for use of utilities or a certificate
of occupancy. If such damage occurs during the winter months, the
owner shall post a cash escrow to cover the cost of said repairs.
Said escrow agreement shall specify a date by when such repairs shall
have been completed. If the repairs are not completed by the date
specified, the Town shall have the authority to use the escrow monies
to complete the repairs.
A.
The lengths, widths, and shapes of blocks and lots
shall be determined with due regard to:
(1)
Provision of adequate building sites suitable to the
special needs of the type of use contemplated;
(2)
Zoning requirements;
(3)
Needs for convenient access, circulation, control
and safety of street traffic;
(4)
Limitations and opportunities of topography;
(5)
Block length generally shall not exceed 2,000 feet
nor be less than 600 feet;
(6)
Intersections with arterial streets generally should
be held to a minimum and preferably spaced at least 500 feet apart;
and
(7)
Need for pedestrian access, not less than 10 feet
in width, property line to property line, which shall be required
where deemed essential to provide circulation or access to schools,
playgrounds, shopping centers, transportation and other community
facilities.
B.
No residence shall be constructed in an area of a
lot subject to flooding nor may it be constructed so as to increase
the danger to life or property or aggravate the flood hazard.
C.
Whenever a flag lot is proposed, such lot shall have
a driveway access strip with a minimum width of 20 feet fronting on
a public road which will provide access to the buildable portion of
the lot. Each 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 7-16-2014 by L.L. No. 3-2014]
D.
Double frontage lots should be avoided except where
essential to provide separation of development from arterial streets
or other disadvantageous use, or to overcome specific disadvantages
of topography and orientation.
E.
Side lot lines shall be substantially at right angles
or radial to street right-of-way lines.
F.
In case a tract is subdivided into larger parcels
than normal building lots, such parcels shall be arranged so as to
allow the opening of future streets and logical further subdivision.
[Amended 8-13-1990 by L.L. No. 5-1990]
A.
If the Planning Board so directs, the Planning Board
may require in subdivisions that exceed 125 dwelling units, or as
the Planning Board in particular cases determines, the owner to dedicate
to the Town "usable land" equal in size to 5% of the owner's subdivided
tract. This land shall be used by the Town for parks, playgrounds
or for other specific public recreational uses (to be defined as "parkland")
or may be left as passive open space (to be defined as "open space")
as deemed desirable by the Town Planning Board. The Planning Board
may refer such offers to the Town Board for review and recommendations.
B.
If the Planning Board determines that the five-percent
area offered by the owner is not desirable, in the Planning Board's
discretion, or if the number of dwelling units is less than 125, or
based upon the Board's review in the particular case regardless of
whether there are more or less than 125 units, would not be useful
for the public purpose, or is otherwise not practical, or is not in
conformance with the Town's recreation policy or practice, the Board
shall require as a condition to approval of the plat that the owner
pay to the Town a recreation fee per dwelling unit included in the
plat, which sum shall constitute a trust fund to be used by the Town
exclusively for neighborhood park, playground or recreation purposes,
including the acquisition of property. This fee shall be set forth
in the fee schedule in Appendix 1.[1] If the Board determines that only a portion of the five-percent
area offered by the owner is acceptable for public use, then the owner
shall dedicate the acceptable land as determined by the Board and
pay a fee based upon the difference in the percentage of land offered,
with any improvements constructed by the developer at the Board's
direction as determined by the Board's engineers and surveyors and
at the Board's approval, and the 5% required.
C.
The Planning Board may require that more than 5% of
the subdivider's tract be offered to the Town.
D.
The above-referenced recreation fee will be collected
on all subdivisions, planned development districts and residential
developments of any nature or kind where the five-percent dedicated
area is not required by the Board for recreation purposes, except
minor subdivisions, those being subdivisions of four or less dwelling
units, for which minor subdivisions of up to four dwelling units out
of one parcel or all subdivided portions of one parcel shall be exempted
from the recreation fee referenced above and specified in Appendix
1.
E.
For purposes of determining parcels in existence and
for determining subdivisions, each part or parcel existing in the
Town on the date of this chapter shall constitute a parcel. Any subdivision
or further division or breakdown of that parcel in the future to encompass
more than four dwelling units will cause invoking of this portion
of the chapter requiring payment of the fee or deduction of lands
regardless of whether the same owner or a successor subdivides the
parcel into more than four dwelling units, or subdivides or divides
the parcel which thereafter becomes more than four dwelling units
in total, or creates apartments, condominiums, etc. upon said parcel.
F.
Any application for a subdivision for which a recreation
fee is due and payable shall contain, as a condition of final approval
and stamping of the plan, a requirement that the payment for the recreational
fee (if the current number of dwelling units require a recreational
fee for four dwelling units or less) be paid in full at the time of
the final stamping of the subdivision plan and condition to final
approval.
G.
In the event that the subdivision for which a recreation
fee is due and payable is five or more dwelling units, whether upon
the initial application or as accumulated and incurred over phases,
the fee shall be paid in increments, with increments to be for five
dwelling units at each time that a building permit for any one of
the next or subsequent section of dwelling units is applied for, i.e.,
the first one through five dwelling units: payment for five will be
required on the stamping of the final subdivision approval plan and
as a condition of final approval; five through 10 units: payment for
those five dwelling units shall be due and payable on the issuance
of the building permit for the first of those five; 10 through 15:
payment for the five dwelling units shall be due on the issuance of
the building permit for the 11th dwelling unit and so forth, as payment
shall be made for all five dwelling units in each incremental section
even if only one building permit is applied for in that section. In
the event there are less than five dwelling units applied for, the
payment shall be for all dwelling units for which a recreation fee
is due.
Unique and scenic areas and those areas bordering streams, lakes or other watercourses may be given special consideration by the Planning Board should they be desirable for public open spaces. Where such sites and open spaces are deemed essential by the Planning Board upon consideration of the particular type of development proposed in the subdivision and especially in large-scale neighborhood unit developments, the Planning Board may recommend that the Town Board require the offering of reservation of areas in excess of the requirements set forth in § 143-23A above. Under such conditions, a money payment at a fair market value determined at the time the application for approval of the final subdivision plat is made to the Planning Board shall be made to the owner to compensate his loss in excess of the five-percent contribution. Fair market value, for purpose of this paragraph, shall mean the percent created by determining the amount of acreage taken as a percent of the total acreage proposed by the owner for subdivision. That percent so determined shall be applied against the total assessed value to determine the fair market value of the land taken (i.e., one acre of a ten-acre parcel equals 10% by $100,000 total assessed value equals $10,000 fair market value for a one-acre parcel taken).
A.
It shall be the responsibility of the owner to provide
waterlines, storm drains, sanitary sewers, bridges and street pavement
to the limits of the subdivision. It shall also be the responsibility
of the owner, at the direction of the Board, to provide appropriate
streetlighting at the intersection of proposed street with an existing
arterial street. These facilities shall be constructed as required
for inclusion in future Town systems. Each owner shall be responsible
for the complete construction even though larger-than-normal sizes
may be required.
B.
If individual lot water supply and sanitary waste
disposal are proposed, the Board may require the owner to provide
dry waterlines and sanitary sewers to the limits of the subdivision,
or the establishment of an escrow account, for the purpose of serving
the subdivision when these services become available. The facilities
shall be constructed as required for inclusion in future Town systems.
C.
If it will be necessary to construct utilities or
do any improvements within the right-of-way of an existing Town road,
it will be the responsibility of the owner to apply for permission
or permit for construction of utilities from the Town Highway Department.
It shall be the responsibility of the owner, following approval of
the application, to comply with all conditions and restrictions set
forth in the permit.[1]
[1]
Editor's Note: Former Part II, Design and Construction Standards, and Part III, Construction Details, of L.L. No. 4-1988, which immediately followed this section, were removed from this chapter and included as a separate chapter 2-1-2003 by L.L. No. 3-2003. See Ch. 74, Design and Construction Standards.
D.
It shall be the responsibility of the owner to petition
Saratoga County Sewer District No. 1 as early as possible in the review
process to reserve capacity in the sanitary sewer transmission system.
Applicants are referred to Section 2, "Commitment by Saratoga County
Sewer District No. 1 to Reserve Capacity" of the Rules and Regulations
Governing the Construction, Connection and Dedication of Sewer Systems,
as adopted by the Saratoga County Board of Supervisors on January
21, 2003, for specific information regarding the process to be followed
to reserve capacity in the sewer system. It shall be the applicant's
responsibility to keep the Town appraised of the status of the approval
process. No project will be granted final approval until official
documentation has been received confirming that the necessary capacity
has been reserved in the existing transmission system.
[Added 2-1-2005 by L.L. No. 3-2005]
E.
Prior to the final approval for land development activities,
the applicant or developer shall certify that the appropriate stormwater
permits have been obtained for stormwater discharges associated with
construction activities and that the SWPPP has been prepared in accordance
with the effective SPDES requirements and certified by a qualified
professional as defined by the permit.
[Added 11-20-2007 by L.L. No. 7-2007]
