The final plat review and approval is the second
step in a two-step review process. The Planning Board meeting at which
the final plat is submitted shall be separate and apart from the meeting
at which preliminary plat submission is made. The purpose of the final
plat review is as follows:
A.
To ensure that the proposed subdivision meets all
state and local regulations related to provision of public services.
B.
To ensure that the proposed subdivision addresses
all issues raised during preliminary plat review.
C.
To receive additional public comment when the Planning
Board deems it necessary.
D.
To facilitate the orderly approval of phases of the
proposed subdivision.
The applicant is required to submit 10 copies
of the final plat application. Such application shall include the
following documents and/or information:
A.
Final plat. The final plat shall be laid out by a
licensed professional engineer with a properly executed New York State
Education Department Exemption N or a licensed land surveyor. Such
final plat shall be prepared at a scale of 50 feet to the inch, clearly
showing:
(1)
The bearing and length of all straight lines and the
radii, lengths and central angles of all curves along all property
and street lines.
(2)
The area of each lot in square feet or in acres, if
such lot is larger than one acre.
(3)
The connection by proper measurement between street
center lines where such streets are not straight across an intersecting
street, both within the subdivision and where opposite existing streets
or subdivision.
(4)
A system of monuments to be located at all corners
of intersections and angle points.
(5)
Proposed block and lot numbers as approved by the
County Real Property Tax Service.
(6)
Building setback lines for each lot.
(7)
Fire and school district boundaries within the subdivision
area.
(8)
Existing zoning with location of any district boundaries
within 200 feet of the property to be subdivided.
(9)
The boundaries of the property, the lines of proposed
lots, streets and parks and the lines of all adjoining streets, their
names and exact survey locations.
(10)
The names of all subdivisions immediately adjacent
and opposite or, if not subdivided, the names of the owners of record
of adjacent and opposite property.
(12)
A statement reading as follows:
|
Approved under authority of a resolution adopted
__________ by the Planning Board of the Town of Moreau, New York.
__________ Chairman ___________ Planning Board Member.
|
(13)
Title, showing name of subdivision, owner, scale,
date and North point.
(14)
A certificate of the licensed engineer and/or
land surveyor making such plan to the effect that the plan is correct
and made from an actual survey. The license number and seal of the
engineer and land surveyor shall be affixed to the drawing.
(15)
Stormwater pollution prevention plan. A stormwater pollution preventive plan consistent with the requirements of Chapter 120 herein and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SPPP shall meet the performance and design criteria and standards in Chapter 120. The approved final subdivision plat shall be consistent with the provisions of Chapter 120.
[Added 2-26-2008 by L.L. No. 1-2008]
B.
Endorsement of other municipal, state and county agencies.
Evidence shall be supplied that any proposed water supply and sewage
disposal facilities associated with the subdivision plat requiring
approval by the Department of Environmental Conservation and/or New
York State Department of Health have received final approval(s) of
such facilities. Evidence shall further be supplied of any special
district(s) or special district extension(s) approvals by the Moreau
Town Board. Any proposed water supply and sewage disposal facility
shall meet the Town of Moreau design and construction standards for
such facility and shall receive technical review and approval by the
department head or, if requested by the department head, the engineer
for the Town. The plat shall not be stamped approved until all municipal
state or county required approvals for each lot of the subdivision
have been received in writing by the Planning Board.
[Amended 6-14-2022 by L.L. No. 3-2022]
C.
Other plans and reports.
(1)
Drainage report, demonstrating proper sizing of drainage
swales, culverts, pipes, inlets and stormwater detention basins.
(2)
Planting plan, illustrating species and location of
proposed tree planting.
(3)
Tree-clearing plan illustrating areas and methods
of protection of existing trees to remain.
(4)
Erosion control plan illustrating methods and location
of erosion control devices and schedule of maintenance of such devices
and other actions to reduce erosion.
(5)
Construction plans showing grading and other site
improvements and details of those site improvements.
D.
Homeowners' association or condominium agreements.
If the subdivision is to be managed by a homeowners' association or
condominium, copies of their regulations and agreements indicating
any restrictions required by the Planning Board. If the subdivision
is to be sold fee simple, copies of deeds indicating any restrictions
required by the Planning Board.
E.
Streets, recreation land or open space.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of dedication
to the town shall be presented prior to plat approval. Formal offers
of dedication to the town of all streets and parks not marked on the
plat with a notation to the effect that such dedication will not be
offered, shall be filed with the Planning Board prior to plat approval.
If the owner of the land or his agent who files the plat does not
add as part of the plat a notation to the effect that no offer of
dedication of such streets, highways or parks or any of them is made
to the public, filing of the plat in the office of the County Clerk
or registrar shall constitute a continuing offer of dedication of
the streets, highways or parks or any of them to the public and said
offer of dedication may be accepted by the Town Board at any time
prior to revocation of said offer by the owner of the land or his
agent.
(2)
The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the town of any street, park, playground or other open space shown
on said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect. If the Town Board determines
that a suitable park or parks of adequate size cannot be properly
located in any such plat or is otherwise not practical, the Board
may require as a condition to approval of any such plat a payment
to the town of a sum to be determined by the town, which sum shall
constitute a trust fund to be used by the Town Board exclusively for
neighborhood park, playground or recreation purposes, including the
acquisition of property. The Planning Board may require the filing
of a written agreement between the applicant and the Town Board covering
future title, dedication and provision for the cost of grading, development,
equipment and maintenance of any park or playground area.
F.
Fees.
(1)
The application for final plat approval shall be accompanied
by a fee listed on the correct Schedule of Fees for the Town of Moreau
posted in the office of the Zoning Enforcement Officer.
(2)
In addition to the fee listed on the Schedule of Fees,
the Planning Board may charge a fee to developers of projects requiring
legal and technical review, provided that the fee charged reflects
the actual cost of the legal and technical assistance to the Planning
Board.
A.
Application.
(1)
Unless otherwise agreed by the Planning Board and
the subdivider, the subdivider shall submit an application for final
plat approval within six months after preliminary plat approval. Preliminary
plat approval may be extended for six additional months upon written
request by the applicant and after due consideration by the Planning
Board. Failure to do so within such time period may will require resubmission
of the preliminary plat to the Planning Board. The application shall
be on a form provided by the Planning Board and shall include elements
described in this article, and the plat shall conform to the preliminary
plat, as modified by the Planning Board, if such preliminary plat
was approved with modifications. Application, including a full set
of technically complete plans, specifications, and reports suitable
for final review and fee must be submitted to the Planning Board at
least 21 days before the regularly scheduled Planning Board meeting.
[Amended 6-14-2022 by L.L. No. 3-2022]
(2)
The Planning Board, at its regular monthly meeting,
shall review and determine the completeness of an application for
final plat approval. The date of the submission of the final subdivision
plat application shall be considered to be the date on which the Planning
Board determines the application is complete and payment of the required
fees have been made to the Planning Board.
C.
Additional or second public hearing. Within 45 days
of the date of official submission of the subdivision plat for approval,
the Planning Board may require a public hearing if said plat is substantially
different from the preliminary plat or if the Planning Board determines
that it is in the public interest to conduct a second public hearing.
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 in this Article
and modified in accordance with requirements of such approval, if
such preliminary plat was approved with modification, the Planning
Board may waive the requirement for such public hearing.
D.
Notice. If the Planning Board requires a public hearing, the subdivider shall comply with § 124-91, Notification of property owners, and § 124-10D. Notice, of these regulations.
E.
Action on subdivision plat.
(1)
Within 62 days of the date of official submission
of a subdivision plat, if no hearing is held or, in the event a hearing
is held, not more than 62 days after the completion of such hearing,
the Planning Board shall, by resolution, conditionally approve, disapprove
or grant final approval and authorize the signing of such plat. In
the event an environmental impact statement is required it shall make
its own findings and its decision on the preliminary plat within 62
days after the close of the public hearing on such preliminary plat
or within 30 days of the adoption of findings by the lead agency,
whichever period is longer. This time period may be extended by written
agreement of the subdivider and the Planning Board. Failure to take
action on a final plat within such time period shall constitute approval
of the plat.
[Amended 6-14-2022 by L.L. No. 3-2022]
(2)
Upon granting conditional approval of the final plat,
the Planning Board shall empower a duly designated officer to sign
the plat upon compliance with such conditions and requirements as
may be stated in the resolution of conditional approval. Within five
days of such resolution, the plat shall be signed by the Chairman
or other duly authorized member of the Planning Board and and certified
by the Chairman of the Planning Board 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 two findings sheets, one of which shall be signed by the applicant
and returned to the Planning Board. Such requirements, when completed,
will authorize the signing of the conditionally approved final plat.
Upon completion of such requirements to the satisfaction of the duly
designated officer of the Planning Board, the plat shall be deemed
to have received final approval, and such officer shall sign the plat
accordingly. 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 one or two additional
periods of 90 days each.
[Amended 6-14-2022 by L.L. No. 3-2022]
(3)
The final plat shall show the exact location and depth
of sanitary sewer, storm sewer and water service. It shall also set
forth the exact layout and dimensions of proposed streets with the
street names and house numbers.
(4)
Final approval of the subdivision plat plan shall
be limited to that phase of the development currently pending before
the Planning Board.
F.
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 a duly designated
officer thereof has signed the plat, unless such plat is first resubmitted
to the Planning Board and such Board approves in writing any modifications.
In the event that any such modified or revised subdivision plat is
recorded without complying with this requirement, such recording shall
be null and void, and the Board shall institute proceeding to have
the plat stricken from the records of the County Clerk.
G.
Final approval and filing.
(1)
Upon receiving final approval pursuant to this Article
and being properly signed by the duly designated officer of the Planning
Board or upon receiving a certificate from the Town Clerk as to the
Planning Board's failure to act within the prescribed time period,
a subdivision plat may be filed or recorded in the office of the Clerk
of Saratoga County.
(2)
Any subdivision plat not so filed or recorded within
60 days of the date of such final approval shall become null and void.
(3)
The applicant shall provide a full set of technically complete plans
and specifications suitable for construction upon final approval.
[Added 6-14-2022 by L.L.
No. 3-2022]
H.
Expiration of approval and extensions.
[Added 6-14-2022 by L.L.
No. 3-2022]
(1)
Final approval shall expire one year after the date of approval of
the subdivision plat if actual construction has not begun. "Actual
construction" is hereby defined as the placing of construction materials
in their permanent position, fastened in a permanent manner, except
that where a basement or cellar is being excavated, such excavation
shall be deemed to be actual construction; where demolition or removal
of an existing structure has been substantially begun preparatory
to rebuilding, such demolition and removal shall be deemed to be actual
construction.
(2)
The Planning Board may, in its sole discretion, grant the applicant
an extension of time, provided that the following conditions are met:
the applicant submits a written request for such extension and submits
such other application materials as may be deemed necessary by the
Planning Board; any fee required pursuant to the fee schedule adopted
by the Town Board has been paid; the plans have been reviewed by the
Town and such other agencies as it deems appropriate; and due consideration
of the application has been made by the Planning Board. Application
materials shall be for the purpose of determining whether any change
in the condition of the site or its environs has occurred or whether
the applicable law has been changed. Application materials must include
copies of the plans and reports previously approved with the initial
application and any other materials which the Planning Board deems
necessary.
