[HISTORY: Adopted by the Board of Trustees
of the Village of Waterford as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
[Adopted 4-27-1995 by L.L. No. 2-1995]
A Planning Board is hereby established. Such
Board shall consist of five members to be appointed by the Mayor.
Members shall be paid $200 per year for their services. The Board
shall elect one of its members to serve as Chairperson. Initially,
one member shall be appointed for a term of one year, one member for
two years, one member for three years, one member for four years and
one member for five years. Thereafter each person appointed shall
serve for a term of five years. Each member's term shall run from
April 1 of the year in which he or she is appointed.
All meetings of the Planning Board shall be
conducted in accordance with the New York State Open Meetings Law.[1] A quorum shall consist of three members. The Board shall
appoint a Secretary who shall keep minutes of the proceedings.
[1]
Editor's Note: See Art. 7 of the Public Officers
Law.
The Planning Board shall adopt, from time to
time, such rules and regulations as it may deem necessary to interpret
and carry into effect the provisions of this article.
The Planning Board shall have and exercise the
following powers and duties:
A.
To prepare and revise as necessary a Comprehensive
Plan for the development of the entire area of the Village of Waterford
and to make investigations and reports relating to the planning of
the village's future growth and affording adequate facilities for
the housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population.
B.
To adopt, after public hearing by the Planning Board
and approval by the Board of Trustees, subdivision rules and regulations.
C.
To review subdivision applications pursuant to the
subdivision regulations of the Village of Waterford, as adopted by
the Planning Board and approved by the Trustees of the Village of
Waterford.
D.
To adopt, after public hearing by the Planning Board
and approval of the Board of Trustees, rules governing the approval
of site plans.
E.
To review site plan applications pursuant to the site
plan review regulations as adopted by the Planning Board and approved
by the Village Board of Trustees.
F.
To review and make recommendations for changes in Chapter 205, Zoning, of this Code. Upon creation, the Planning Board shall undertake a complete review of all existing zoning laws of the Village of Waterford and make recommendations to the Village Board with respect to a comprehensive recodification of the existing zoning laws. Thereafter, the Planning Board shall report yearly to the Village Board with respect to any recommended changes in the Village's zoning laws.
G.
To review, approve or disapprove changes in the lines
of existing streets, highways or public areas shown on subdivision
plats or maps filed in the County Clerk's office.
H.
To review, approve or disapprove the laying out of,
closing off of or the abandonment of such streets, highways or public
areas under and subject to the provisions of the Village Law and Highway
Law of the State of New York.
[Amended 2-13-2002 by L.L. No. 1-2002]
I.
To exercise all the powers conferred upon it by the
provisions of the Village Law of the State of New York and to dispose
of all matters which may be referred to it from time to time by resolution
of the Board of Trustees. It shall conduct hearings and perform its
duties in accordance with the procedures provided in Article 7 of
the Village Law and any amendments thereto.
The Village Clerk of the Village of Waterford
shall file with the Clerk of the County of Saratoga a certificate
certifying that the Planning Board of the Village of Waterford has
been authorized to approve plats showing new streets or highways in
accordance with the provisions of § 7-732 of the Village
Law.
[Adopted 1-14-2009 by L.L. No. 1-2009]
In order to provide a procedure for the submission of land subdivision
applications to the Planning Board of the Village of Waterford, the
Village Board of the Village of Waterford hereby enacts these regulations.
As used in this article, the following terms shall have the
meanings indicated:
Any division of land resulting in the ultimate creation of
four or more parcels.
Any division of land resulting in the ultimate creation of
two or three parcels, not adversely affecting any adjoining property,
and not in conflict with any provision or portion of the Village Zoning
Law[1] or these Land Subdivision Regulations.
A drawing or drawings marked "preliminary plat" showing the features of a proposed subdivision, as specified in § 44-9B of these regulations.
Those requirements and review procedures set forth in the
New York State Environmental Quality Review Act regulations as the
same may be amended from time to time.
Any person, firm, corporation, partnership or association
who or which shall lay out any subdivision of land as defined herein,
either for himself or for others.
A.
No subdivision of any land in the Village of Waterford may be made,
and no permit for the erection of a structure in any subdivision shall
be granted, unless the owner of said land shall obtain approval of
such subdivision from the Village Planning Board in accordance with
the procedures contained herein.
B.
No subdivision approval is necessary when an existing lot is divided
in order to adjust the boundary lines between two or more lots and
a new parcel or lot is not created. The resulting lots shall, however,
be subject to the requirements of the Village of Waterford Zoning
Law.[1]
C.
All applications for subdivisions shall be subject to review under
the provisions of the State Environmental Quality Review Act (SEQR).
D.
No application for subdivision shall be approved until the applicant
has received the necessary permit(s) from the proper municipal authority
for ingress and egress to and from the public roadway.
E.
Upon receipt of an application for subdivision, the Planning Board shall classify such application as a major or minor subdivision in accordance with the definitions in § 44-7 hereof. After such classification, the applicant shall process its application in compliance with § 44-9 for a major subdivision or § 44-10 for a minor subdivision. In classifying a subdivision, the Planning Board shall determine the number of lots subdivided or resubdivided from a recorded parcel from and after the effective date of these regulations. After 10 years from the date of the initial subdivision, a subdivided lot shall be considered a new lot for subdivision purposes and shall not be joined with any prior lot for the purposes of classification.
A.
Preliminary plat.
(1)
Submission of preliminary plat. A subdivider of land shall, prior
to subdividing or resubdividing land, submit seven copies of a preliminary
plat of the proposed subdivision to the Secretary of the Planning
Board at least 10 days prior to the regular meeting of the Board at
which said plat will be discussed.
(2)
Planning Board discussion. The subdivider, or his authorized representative,
shall attend the meeting of the Planning Board to discuss the impact
of the subdivision on street improvements, drainage, sewage, water
supply, fire protection, availability of existing services, environmental
concerns and other pertinent information.
(3)
Study of preliminary plat.
(a)
The Planning Board shall study the preliminary plat, taking
into consideration the requirements of the community and the best
use of the land being subdivided. Particular attention shall be given
to the arrangement, location, and width of streets, their relation
to the topography of the land, water supply, sewage disposal, drainage,
lot sizes and arrangement, the future development of adjoining lands
as yet unsubdivided, and the requirements of the Village Zoning Law.[1]
(b)
In conducting its study of the preliminary plat, the Planning
Board shall have the power to retain, within the budgetary appropriations
available to it, such necessary engineering and other technical review
services as may be necessary to enable the Planning Board to reasonably
review the subdivision application. The Planning Board may require
the applicant to pay an additional fee in such amount as may be necessary
in order to reimburse the Planning Board for the actual costs of such
engineering or technical review services.
(c)
SEQR review. In conducting its study of the preliminary plat,
the Planning Board shall conduct and make whatever review and determinations
are required by the State Environmental Quality Review Act (SEQR)
regulations.
(d)
Conditional approval of preliminary plat.
[1]
Within 62 days after the submission of a preliminary plat containing
all information required by the Planning Board, the Planning Board
shall take action to conditionally approve, with or without modifications,
or disapprove such preliminary plat. The Planning Board shall notify
the applicant when the preliminary plat is deemed complete. The grounds
for any modification required, or the grounds for disapproval, shall
be stated in writing by the Planning Board. Failure of the Planning
Board to act within such sixty-two-day period shall constitute a conditional
approval of the preliminary plat.
[2]
When granting conditional approval of a preliminary plat, the
Planning Board shall state the conditions of such approval, if any,
with respect to (i) the specific changes which it will require in
the preliminary plat; and (ii) the character and extent of the required
improvements for which waivers may have been requested and which,
in its opinion, may be waived without jeopardy to the public health,
safety, morals, general welfare, and environmental concerns; and (iii)
the amount and form of improvement bonds or security which it will
require as prerequisite to the approval of the final plat. The action
of the Planning Board, in addition to any conditions attached thereto,
shall be noted on three copies of the preliminary plat. Conditional
approval of a preliminary plat shall not constitute final approval
of the preliminary plat, but rather it shall be deemed an expression
of approval of the design submitted on the preliminary plat, and as
a guide to the preparation of the final plat, which will be submitted
for the approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
conditional approval, if any. Prior to approval of the final plat,
the Planning Board may require additional changes as a result of further
study of the subdivision in final form or as a result of new information
obtained at the public hearing on the final plat.
B.
Preliminary plat data. The following documents shall be submitted
with the preliminary plat:
(1)
Seven copies of the preliminary plat prepared in the form of an actual
survey and at a scale of not more than 100 feet to the inch, showing:
(a)
Proposed subdivision name, name of village, town and county
in which it is located, date, name and address of record owner, subdivider
and engineer or surveyor, including license number and seal.
(b)
The name of all subdivisions immediately adjacent and the name
of the owners of record of all adjacent property.
(c)
Zoning district, including the location of district boundary
lines, if the subdivision lies in more than one zoning district.
(d)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
(e)
Location of existing property lines, easements, buildings, watercourses,
marshes, rocky outcrops, eroded areas, single trees with diameter
of 12 inches or more, and other significant existing features.
(f)
Location of existing sewers, water mains, culverts and drains
on the property, with pipe sizes, grades and direction of flow.
(g)
Contours with intervals of five feet or less, including elevations
of existing roads.
(h)
The width and location of any streets, roads, or public ways
or places shown within the area to be subdivided, and the width, location,
grades, street profiles and construction specifications of all streets,
roads, or public ways proposed by the subdivider.
(i)
The approximate location and size of all proposed water lines,
valves, hydrants, sewer lines, and fire alarm boxes, as well as connections
to existing lines or alternate means of water supply or sewage disposal
and treatment; profiles of all proposed water and sewer lines.
(j)
Storm drainage plan indicating the approximate location and
size of proposed lines and their profiles. Connection to existing
lines or alternate means of disposal shall be shown.
(k)
Plans and cross-sections showing the proposed location and type
of sidewalks, street lighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, and the size and type thereof;
the character, width and depth of pavements and subbase; the location
of manholes, basins and underground conduits.
(l)
Preliminary designs of any bridges or culverts which may be
required.
(m)
The proposed lot lines, with dimensions and area of each lot.
(n)
Where the topography is such as to make difficult the inclusion
of any of the required facilities within the public areas as laid
out, the preliminary plat shall show the boundaries of proposed permanent
easements over or under private property, which easements shall provide
satisfactory access to an existing public highway or open space shown
on the subdivision.
(2)
SEQR environmental assessment form (long-form).
(3)
If the application covers only a part of the subdivider's entire
holding, a location map shall be submitted of the entire tract showing
an outline of the area to be subdivided, with its proposed streets.
(4)
A copy of such covenants or deed restrictions as are intended to
cover all or part of the subdivision.
(5)
A copy of the subdivider's deed to the property proposed to be subdivided.
C.
Final plat.
(1)
The subdivider shall, within six months after conditional approval
of the preliminary plat, file with the Planning Board an application
for approval of the final plat. If the final plat is not submitted
within six months after the conditional approval of the preliminary
plat, the Planning Board may refuse to approve the final plat and
require resubmission of the preliminary plat.
(2)
Number of copies. A subdivider submitting a final plat for approval
of the Planning Board shall provide the Secretary of the Board with
seven copies of the final plat, together with seven copies of all
other written documents requested by the Planning Board.
(3)
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the final plat shall be endorsed and approved
by the Saratoga County Department of Health and such approval shall
be filed with the final plat.
(4)
Public hearing. A public hearing to review the final plat shall be
held on at least five days' notice in the official Village newspaper,
and shall be conducted by the Planning Board within 30 days after
submission of the complete final plat for approval.
(5)
Action on final plat. The Planning Board shall, within 62 days from the date of the public hearing on the final plat, approve, modify and approve, or disapprove the final plat. The final plat shall not, however, be approved for filing by the Planning Board until the subdivider has complied with the provisions of Subsection D of this section. Failure of the Planning Board to act within 62 days from the time of submission of the final plat shall constitute Planning Board approval of the plat.
D.
Required improvements. Before the Planning Board grants approval for filing of the final plat, the subdivider shall follow the procedure set forth in either Subsection D(1) or (2) below.
(1)
Financial security. The subdivider shall file with the Village Clerk
cash, certified check, negotiable securities, or a letter of credit,
in form and terms acceptable to the Planning Board and the Village
Attorney, so as to insure the performance and construction of any
required improvements; or
(2)
The subdivider shall complete all required improvements to the satisfaction
of the Planning Board.
E.
Filing of approved final plat.
(1)
Final approval and filing. Upon completion of the requirements of Subsection D above, and notation to that effect upon the final plat, it shall be signed by the Chairman of the Planning Board and must be filed by the applicant in the office of the Saratoga County Clerk. Any final plat not so filed or recorded within 62 days after the plat is signed by the Chairman of the Planning Board, shall become null and void, unless the Planning Board, upon good cause shown, grants an extension, which shall not exceed two additional periods of 90 days each.
(2)
Final plat void if revised after approval. No changes, erasures,
modifications, or revisions shall be made in any final plat after
approval has been given by the Planning Board and endorsed in writing
on the plat, unless the plat is first resubmitted to the Planning
Board and such Board approves any modifications after public hearing.
In the event that any such final plat is recorded without complying
with this requirement, the same shall be null and void, and no lots
sold therefrom or building permits issued with regard thereto.
F.
Public acceptance of streets and other areas. The approval by the
Planning Board of a final plat shall not be deemed to constitute acceptance
by the Village Board or require Village maintenance of any street,
road, way, easement, or other open space or recreation area shown
on such final plat.
A.
Review. Within 62 days following classification as a minor subdivision
by the Planning Board, the Planning Board shall:
(1)
Review the applicant's submission.
(2)
Evaluate applicant's submission, presentation and discuss with the
applicant.
(4)
Recommend plan revisions so that it will conform to Village zoning
and ordinances.
(5)
Approve or disapprove the plan; inform the applicant in writing of
the approval of the plan and any changes, modifications or alternatives
required or its disapproval.
(6)
If deemed necessary, the Planning Board will conduct a public hearing
on the submission within 62 days following classification as a minor
subdivision.
B.
Filing.
(1)
After the approved plan has been officially stamped by the Planning
Board Chairman, the owner shall file the plan or subdivision deed
in the office of the Saratoga County Clerk within 62 days of the date
of approval.
(2)
The final plat is void if revised after approval. No changes, erasures,
modifications, or revisions shall be made in any final plat after
approval has been given by the Planning Board and endorsed in writing
on the plat, unless the plat is first resubmitted to the Planning
Board and such Board approves any modifications. In the event that
such final plat is recorded without complying with this requirement,
the same shall be null and void and no lots sold therefrom or building
permits issued with regard thereto.
(3)
The applicant shall notify the Planning Board in writing of the date
of such filing, and the map number assigned thereto by the County
Clerk. If the plan is not filed within the sixty-two-day period, the
approval shall lapse and become void. The Planning Board may extend
the sixty-two-day period upon written application by the applicant.
(4)
No permits of any nature shall be issued until the plan is filed
and the Planning Board has received written notification of such filing.
C.
Requirements. The minor subdivision plan, of which seven copies shall
be submitted, shall show or be accompanied by the following information:
(1)
Drafting standards.
(a)
The plan shall be drawn at the scale of one inch equals 50 feet
or one inch equals 100 feet or one inch equals 200 feet.
(b)
Dimensions shall be in feet and decimal parts thereof, and bearings
in degrees, minutes and seconds.
(c)
Minor subdivision plans shall be on sheets 18 inches by 24 inches;
24 inches by 36 inches, or 34 inches by 44 inches.
(d)
The total subdivision of parcels proposed must be shown. In
that total, the original parcel may be shown as a part configuration
of the existing Tax Map, but the new parcel or parcels must be a final
plat certified by a licensed New York State land surveyor.
(2)
Information to be shown on plan:
(a)
Name of the subdivision.
(b)
Name and address of the owner.
(c)
Name and address of the registered professional engineer or
surveyor in the State of New York responsible for the plan, stamped
with an original seal.
(d)
Zoning classification and requirements.
(e)
Date, North point and scale.
(f)
A location map for the purpose of locating the site, at a scale
of not less than 800 feet to the inch.
(g)
Complete outline survey of the property to be subdivided, showing
all courses, distances, area and tie-ins to all adjacent street intersections.
(h)
The location, names and widths of streets, the location of property
lines and names of adjacent owners; the location of classified streams
and wetlands, easements or rights-of-way, existing buildings, and
similar features.
(i)
Proposed layout of lots.
(j)
Lots numbered.
(k)
Building setback lines from the property boundary, streams and
wetlands in accordance with the Zoning Law of New York State wetlands
regulations.
(l)
Total area for each lot.
(m)
The location, width and purpose of all proposed easements or
rights-of-way and boundaries by bearings and dimensions.
A.
Hardships. Where the Planning Board finds that extraordinary and
unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public interest served; provided, however, that
no such variation may have the effect of nullifying the intent and
purpose of the Village Zoning Law.[1]
B.
Improvements. Where the Planning Board finds that, due to the special
circumstances of a particular plat, the provision of certain required
improvements is not required in the interest of the public health,
safety and general welfare, or that said improvements are inappropriate
because of inadequacy or lack of connecting facilities adjacent to
or in proximity with the proposed subdivision, it may waive such requirements
subject to appropriate conditions.
C.
Conditions. In granting variances and modifications, the Planning
Board shall require such conditions as will, in its judgment, substantially
secure the objectives of the standards or requirements so varied or
modified.
A.
Penalties. Any person, firm or corporation, whether owner, builder,
architect, contractor or subcontractor, or any agent thereof who or
which constructs, alters, repairs, uses or occupies any building or
structure or portion thereof or who conveys any land within the Village
of Waterford, in violation of any provision of these Subdivision Regulations,
shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment not exceeding 15 days, or both said fine and
imprisonment. Each day that a violation continues shall be deemed
a separate and distinct violation punishable as herein indicated.
B.
Enforcement. In addition to the provisions for fines and/or imprisonment
set forth in the preceding subsection, the Village Board may commence
an appropriate action or proceeding in a court of competent jurisdiction
to restrain any act or action which is in violation of the provisions
herein.
