A.
General.
(1)
Whenever a time limit is specified in these regulations,
the Board may extend the limit upon request by the owner, provided
that the Board is legally empowered to do so.
(2)
When any subdivision of land is proposed to be made
within the unincorporated sections of the Town and before any contract
for the sale of or any offer to sell such subdivided land or any part
thereof is made and before any construction is begun and before any
building permit shall be granted, the owner shall submit his subdivision
for review by the Planning Board.
B.
Steps.
(1)
Step One: (sketch plan) Preapplication conference.
The purpose of this step is to determine feasibility of the project
before the owner has invested a substantial amount of money. The owner
shall present such information as the Board may require. The Board
will inform the owner of general subdivision requirements as well
as particular requirements for the subdivision under review as dictated
by the Master Plan, the Official Map or other considerations.
(2)
Step Two: Preliminary review.
(a)
The owner shall present a preliminary submission
at a Planning Board meeting. The date of the preliminary submission
shall be the date of the meeting at which it is presented.
(b)
A field walk by the Board with the owner may
be required. Temporary stakes showing street center lines may be required.
(c)
The Board shall hold a public hearing on the
proposed subdivision within 45 days of the date of the preliminary
submission. Notice of such public hearing shall be advertised in a
newspaper of general circulation in the Town at least five days before
such hearing, with the cost of such advertisement to be paid by the
applicant. An applicant shall be required to determine the names and
addresses of all owners of property who are contiguous, abutting or
adjacent or who are across an established road from the proposed boundaries
of the subdivision. The applicant shall advise the Town Building Department
of the names and addresses of such persons. The Town Building Department
shall notify, by registered or certified mail, all such persons at
least 10 days prior to the meeting of the Town's Planning Board when
the public hearing on such subdivision is to be held, with the cost
of such mailing to be paid by the applicant.
[Amended 2-15-1994; 5-6-2002 by L.L. No. 6-2002]
(d)
The Board shall communicate to the owner, in
writing, within 45 days after the public hearing its decision concerning
the preliminary submission. If the preliminary submission is approved,
the Board shall express its approval as "conditional approval" and
state specific modifications, if any, which shall be required in the
final submission. If modifications are required, the reasons therefor
shall be given.
(e)
If the preliminary submission is disapproved,
the Board will state the reasons for its disapproval.
(f)
The action of the Board shall be noted on two
copies of the preliminary submission form, to which shall
be attached reference statements of any conditions and requirements
determined by the Board. One copy shall be returned to the owner and
the other retained by the Board.
(g)
If the preliminary submission is disapproved,
resubmissions may be made within six months of the date of disapproval
with no additional fee required. A resubmission made after six months
from the date of disapproval may be treated like a new submission
and require a new preliminary review and fee.
(3)
Step Three: Final review.
(a)
If the preliminary submission is approved, the
owner, within six months of the date of conditional approval, shall
present a final submission at a Planning Board meeting.
(b)
In the event that a final submission of the
entire subdivision or part of it is not made within six months from
the date of conditional approval, the application may be considered
withdrawn and any conditional approval or waivers of required improvements
by the Board may be considered lapsed.
(c)
The date of the final submission shall be the
date of the meeting at which it is presented.
(d)
The final submission shall conform to the approved
preliminary submission and shall contain any modifications specified
by the Board. If desired by the owner, it may include only that portion
of the approved preliminary plat which he proposed to record and develop
at that time, provided that such portion conforms to all requirements
of these regulations.
(e)
The owner shall submit a letter of credit or
performance bond at the time of final submission to cover the full
cost of required improvements. The amount of the letter of credit
or performance bond shall be determined by a construction cost estimate
prepared by the owner and approved by the Town or its authorized representative.
(f)
The Board shall hold a public hearing on the
proposed subdivision within 45 days of the date of the final submission.
Notice of such public hearing shall be advertised in a newspaper of
general circulation in the Town at least five days before such hearing,
with the cost of such advertisement to be paid by the applicant.
[Amended 5-6-2002 by L.L. No. 6-2002]
(g)
Within 45 days from and after the time of the
public hearing, the Board shall approve, modify and approve, grant
conditional approval or disapprove the final submission and communicate
its decision to the owner, in writing.
(h)
Under certain conditions, the Board may waive
this second hearing and final subdivision fees. In the event that
the hearing is waived, Board action shall be within 45 days of submission.
[Amended 5-6-2002 by L.L. No. 6-2002]
(i)
If the final submission is approved by the Board,
an appropriate notation to that effect shall be made on the face of
the original or tracing cloth prints of the final plat submitted to
the Board. One copy shall be returned to the owner, and one copy shall
be retained by the Board for its records.
(j)
The owner shall file the approved final plat
with the County Clerk within 30 days after approval by the Board.
If the final plat is not filed within this time, the approval shall
expire, as provided in the Town Law.
(k)
The owner may obtain building permits and begin
building construction only after filing of the final plat.
(l)
If the final submission is disapproved, resubmissions
may be made within six months of the date of disapproval with no additional
fee required. A resubmission made after six months from the date of
disapproval may be treated like a new submission and require a final
review and fee.
(4)
Step Four: Final inspection and as-built drawings.
(a)
Upon approval of the final submission and after
the construction of houses is substantially completed, the owner shall
construct the street pavement wearing course in accordance with the
final approval and the subdivision regulations at a time authorized
by the Town. Minor changes from the development map and plan/profiles
as required by conditions of the work site may be allowed in the actual
construction.
(b)
Upon completion of construction, a final inspection
shall be held by the Town. When construction has been approved, final
plats and plan/profiles shall be corrected by the owner to show all
construction "as-built." The letter of credit or performance bond
may be reduced by the Town as construction progresses. It shall not
be reduced to less than the amount determined for that construction
which is still uncompleted, plus 20% of the amount determined for
that construction which is completed and approved. It shall be kept
in effect for one year after the final inspection or until 75% of
the total lots within the subdivision have been developed, whichever
is greater. It shall then be released, provided that the owner has
prepared as-built plans.
C.
Lot line alterations.
[Added 5-6-2002 by L.L. No. 6-2002]
(1)
An applicant may request that Steps 2 through 4 of
the subdivision process be waived when a proposed minor subdivision
meets all of the following conditions:
(2)
To request such a waiver, the applicant shall complete the subdivision application, which shall include a sketch plan showing lot line alterations in accordance with § 143-3B(1), and submit a narrative explaining the proposed subdivision. An applicant shall be required to determine the names and addresses of all owners of property who are contiguous, abutting or adjacent or who are across an established road from the proposed boundaries of the subdivision. The applicant shall advise the Town Building Department of the names and addresses of such persons. The Town Building Department shall notify, by registered or certified mail, all such persons of the proposed lot line adjustment at least 10 days prior to the meeting of the Planning Board when such application shall be considered, with all cost of such mailing to be paid by the applicant.
(3)
Fees.
(a)
Fees. A fee shall be paid with the waiver request, which shall be as set forth in Table A to Chapter 88. If the waiver is not granted, the fees that have been paid are not refundable, but may be applied toward any subdivision review fees that may be incurred should the subdivision review be carried forward.
[Amended 12-2-2002 by L.L. No. 9-2002; 11-3-2010 by L.L. No.
9-2010]
(b)
If the waiver is not granted, the fees not refundable,
but may be applied toward any subdivision review fees that may be
incurred should the subdivision review be carried forward.
(4)
The Planning Board shall review the application and
approve or deny the waiver request. Approval may be granted when it
is determined that such lot line alteration would not:
(5)
If the waiver is granted, the applicant shall within 45 days file a final plat of the subdivision with the Saratoga County Clerk and the Town Planning and/or Building Department in accordance with § 143-6B(1) and 143-6B(2). Any amendment to a previously filed map should be referenced and identified on the survey map to be filed. The survey map should have an original stamp and seal of a licensed surveyor and the signatures of the duly authorized official of the Planning Board.
D.
Administrative lot line alteration.
[Added 8-21-2017 by L.L.
No. 5-2017[1]]
(1)
Eligibility criteria for administrative lot line alteration.
(a)
Administrative lot line alterations may be granted by the Town
of Malta Building and Planning Coordinator, without the need to come
before the Town of Malta Planning Board for approval, where the conditions
and requirements of this section are met.
(b)
The following shall not be eligible for an administrative lot
line alteration:
[1]
Where such alteration would create a new parcel.
[2]
Where such alteration would increase the number of parcels within
a previously approved subdivision. (Note, however, that two or more
parcels may be consolidated to avoid any overall increase.)
[3]
Where such alteration would create the need for a new street.
[4]
Where such alteration would create the need for new or additional
public improvements (such as sewer or water infrastructure).
[5]
Where such alteration would change the boundaries of any property
partially or wholly located within the Town's R-4 or R-6 Zoning
Districts.
[6]
Where such alteration would violate a condition of, or be otherwise
inconsistent with, a prior municipal approval.
(2)
Procedure for administrative lot line alteration.
(a)
Where the above criteria are met, a property owner or designated
agent may make application for an alteration directly to the Town
of Malta Building and Planning Department. Such applicant shall include
the following:
[1]
Proof of ownership or agency designation signed by the owner
authorizing the making of such application.
[2]
A brief letter explaining the requested relief and the need
for such relief.
[3]
The approved subdivision map.
[4]
A new subdivision map depicting the requested relief [i.e.,
the new location of the lot line(s)].
[5]
Payment of the applicable application fee.
(b)
The Town Building and Planning Coordinator shall make a determination
as to whether such alteration shall be made based upon his/her consideration
of the substantive criteria below.
(c)
Should such administrative lot line alteration be granted, a
new subdivision map prepared by a qualified surveyor and depicting
the requested alteration shall be presented to the Town Building and
Planning Coordinator for signature. After it is executed, said subdivision
map shall be filed in the County Clerk's office.
(3)
Lot line alteration substantive criteria.
(a)
The alteration shall not cause a parcel to contain insufficient
area or dimensions such that it would violate any requirements of
the Malta Town Code. However, this shall not prevent approval of an
alteration where an involved parcel is nonconforming as to such dimensional
requirements prior to the alteration and the proposed alteration does
not further increase the degree of nonconformity.
(b)
The alteration shall not cause any existing or proposed building
or structure to come into violation of the Malta Town Code. However,
this shall not prevent the approval of an alteration where an existing
building or structure located on an involved parcel is nonconforming
under the Zoning Code prior to the alteration and the proposed alteration
will not further increase the degree of nonconformity.
(c)
The alteration shall not cause any public improvement, parcel
or building to be in violation of the Town design and construction
standards. However, this shall not prevent administrative approval
of an alteration where such public improvement, parcel or building
is already nonconforming under provisions of Town Code prior to the
alteration and the proposed alteration will not further increase the
degree of nonconformity.
(d)
The alteration shall not create a new street or modify the configuration,
alignments, profiles or boundaries of existing streets, whether such
streets are public or private.
(e)
The alteration shall not eliminate or modify the configuration,
alignments, number or profiles of driveways or other points of vehicular
access serving affected parcels and/or associated easements.
(f)
The alteration shall not eliminate or modify the configuration,
alignments, locations or capacities of public improvements, including
those related to water and sewer infrastructure and their associated
easements.
(g)
The alteration shall not eliminate or modify the configuration,
alignments, profiles or capacities of storm sewers and other stormwater
management improvements and/or associated easements.
(h)
The alteration shall not eliminate or modify parking spaces
upon affected parcels, whether these are constructed or depicted on
a site plan and held in reserve as a contingency (land banked).
(i)
If approved, the affected lots shall continue to remain in compliance
with all conditions imposed at the time of any previous subdivision
affecting such lots unless and until any such condition is modified
or removed by the Planning Board.
(j)
If approved, the affected lots shall continue to be subject
to the supplemental Town-wide environmental impact statement or related
statement of findings in the same manner as they were prior to alteration
pursuant to this chapter.
(4)
Expiration. An approved subdivision map reflecting an approved administrative
lot line alteration shall be filed in the Saratoga County Clerk's
office within 62 days from the date of signature of the Building and
Planning Coordinator and delivery to the applicant. Failure to file
the map within this period shall constitute expiration of approval.
(5)
Appeals. Prior to the adoption of this section, all lot line alterations
were subject to discretionary Planning Board review authority. The
purpose of this section is to provide an administrative review option
to landowners whose applications meet the requirements of this section.
The Town Building and Planning Coordinator's determination pursuant
to this section does not constitute a zoning determination or interpretation
subject to review by the Zoning Board of Appeals, nor does it constitute
a discretionary, final determination appealable pursuant to Article
78 of the Civil Practice Law and Rules. Applicants denied an administrative
approval pursuant to this section shall have the right to apply directly
to the Town Planning Board for approval. The determination of the
Planning Board is subject to review in accordance with Article 78
of the Civil Practice Law and Rules and the Malta Town Code.
[1]
Editor's Note: This ordinance also redesignated former
Subsection D as Subsection E.
E.
Fees, contributions and costs. The Town Board of the
Town of Malta may institute, modify or eliminate any fee, cost or
contribution under this chapter by resolution.
[Added 7-6-2004 by L.L. No. 8-2004]
A.
The preapplication conference may take place at any
time acceptable to the Board.
B.
The owner shall furnish 11 copies of a sketch plan
of the proposed subdivision and all adjacent land owned by the owner
or under option to him. The sketch shall include a street layout and
drainage plan. The sketch shall be to a scale not less than 100 feet
per inch.
[Amended 5-1-1995 by L.L. No. 2-1995]
C.
The Planning Board shall advise as to feasibility
and any special considerations for the subdivision design. A field
walk with the owner may be required.
D.
At the time the owner applies for the preapplication conference, a fee will be paid by the owner in an amount set forth in Table A to Chapter 88, and the owner will receive a copy of the subdivision regulations of the Town of Malta.
[Added 2-12-1991; amended 1-2-2007 by Res. No. 3-2007; 11-3-2010 by L.L. No. 9-2010]
[Amended 5-1-1995 by L.L. No. 2-1995]
A.
The preliminary submission for a major subdivision
shall include the following, 11 copies of each:
(1)
The preliminary plat to a scale not smaller than 50
feet to the inch, drawn accurately to scale with approximate dimensions
shown, and including all the information required for a major subdivision
final plat except monuments and iron pipes and the certification of
standards of accuracy.
(a)
In addition, highways or other major public
or private improvements planned for future construction on or near
the proposed subdivision, including those shown on the Official Map
or Master Plan, shall be shown.
(b)
All contiguous land owned or under option by
the owner shall be shown with a street and lot plan for its development.
(c)
Water elevations and subsurface information,
including groundwater elevation, shall be noted where appropriate.
(2)
A plan/profile for each street with a horizontal scale
of 40 feet to the inch and vertical scale of four feet to the inch
showing all the information required for the final submission of a
plan/profile, except that approximate stationing may be shown. In
addition, profiles of present surface shall be shown on the center
line and both right-of-way lines of all streets and on the center
line of all easements.
(3)
All sheets shall be 30 inches by 42 inches, 22 inches
by 34 inches, 17 inches by 22 inches or 8 1/2 inches by 14 inches
in size. When more than one sheet is required, all shall be the same
size and an index sheet of the same size shall be provided showing
the entire subdivision to an appropriate scale.
(4)
In addition to the required drawings, the following
information shall be submitted as part of the preliminary submission:
(a)
The completed Town of Malta preliminary submission
form.
(b)
A request for any zoning changes proposed for
the area to be subdivided.
(c)
Conditions of dedication of areas proposed to
be dedicated to public use.
(d)
The preliminary design of bridges and culverts.
(e)
A draft of any protective covenants whereby
the owner proposes to regulate land use in the subdivision and otherwise
protect the proposed development.
(f)
A completed environmental assessment short form.
(g)
A completed postal verification form.
[Added 4-7-1997 by Ord. No. 4-1997]
(5)
A fee shall be paid with the preliminary submission, which fee shall be as set forth in Table A to Chapter 88, for:
[Amended 5-6-2002 by L.L. No. 6-2002; 11-3-2010 by L.L. No.
9-2010]
(6)
More detailed information may be required by the Planning
Board as a part of the preliminary submission for a major subdivision
in special cases.
B.
The preliminary submission for a minor subdivision
shall include the following, 11 copies of each:
(1)
The preliminary plat to a scale not smaller than 50
feet to the inch, drawn accurately to scale with approximate dimensions
shown, and including all the information required for a minor subdivision
final plat except monuments and iron pipes and the certification of
standards of accuracy.
(2)
All sheets shall be 30 inches by 42 inches, 22 inches
by 34 inches, 17 inches by 22 inches or 8 1/2 inches by 14 inches
in size. When more than one sheet is required, all shall be the same
size and an index sheet of the same size shall be provided showing
the entire subdivision to an appropriate scale.
(3)
In addition to the required drawings, the following
information shall be submitted as part of the preliminary submission:
(a)
The completed Town of Malta preliminary submission
form.
(b)
A request for any zoning changes proposed for
the area to be subdivided.
(c)
Conditions of dedication of areas proposed to
be dedicated to public use.
(d)
The preliminary design of bridges and culverts.
(e)
A draft of any protective covenants whereby
the owner proposes to regulate land use in the subdivision and otherwise
protect the proposed development.
(f)
The completed environmental assessment short
form.
(g)
A completed postal verification form.
[Added 4-7-1997 by Ord. No. 4-1997]
(4)
A fee shall be paid with the preliminary submission, which fee shall be as set forth in Table A to Chapter 88, for:
[Amended 5-6-2002 by L.L. No. 6-2002; 11-3-2010 by L.L. No. 9-2010]
(5)
More detailed information may be required by the Planning
Board as a part of the preliminary submission for a minor subdivision
in special cases.
A.
The final submission for a major subdivision shall
include the following:
(1)
The final plat, including two reproducible copies
on Mylar, plus 11 prints, to a scale not smaller than 50 feet to the
inch, showing the following:
[Amended 5-1-1995 by L.L. No. 2-1995]
(a)
All existing and proposed property lines, present
zoning and building setback lines, easement and right-of-way lines
with dimensions, azimuths or angle data, and curve data.
(b)
All monuments, iron pipes and bench marks.
(c)
The names of owners of all adjacent property.
(d)
Street names and house numbers.
[Amended 4-7-1997 by Ord. No. 4-1997]
(e)
All property reserved by the owner or dedicated
to the public use.
(f)
A house number for each lot.
(g)
A North arrow.
(h)
Standard title block.
(i)
Key map.
(j)
The proposed use of each lot.
(k)
Standards of accuracy meeting Malta requirements
shall be noted on the map and certified by a land surveyor registered
in New York State.
(l)
Contour lines at two-foot intervals to United
States Geological Survey datum.
(m)
Watercourses, marshes, rock outcrops and other
important land features.
(n)
Right-of-way lines, street paving and street
stationing.
(o)
Sanitary sewers, storm drains, gas lines and
waterlines with all appurtenances.
(p)
If an on-site water supply is to be utilized,
a note stating: "All lots sales shall be contingent upon a contract
addendum for the location of water, flow capacity and potability in
accordance with the Town of Malta and New York State Health Department
standards."
(q)
Street name signs. (A letter of intent to install
signs in locations approved by the Town may be accepted as a substitute).
(r)
Standards of accuracy of elevations meeting
Malta requirements shall be noted on the map. The final plat shall
contain the signature and seal of a professional engineer and of a
land surveyor, both registered in New York State, or a qualified land
surveyor under § 7208, Subdivision n, of the Education Law.
(2)
A plan/profile of each street and utility easement,
including one reproducible copy on Mylar, plus 11 prints, with a horizontal
scale of 40 feet to the inch and vertical scale of four feet to the
inch showing the following:
[Amended 5-1-1995 by L.L. No. 2-1995]
(a)
All pavement, storm drains, sanitary sewers,
gas lines and waterlines with appurtenances.
(b)
Pavement and utility stationing, including all
horizontal and vertical control points and grades.
(c)
Signature and seal of a professional engineer
and of a land surveyor, both registered in New York State, or a qualified
land surveyor under § 7208, Subdivision n, of the Education
Law.
(d)
A North arrow.
(e)
Standard title block.
(3)
The final plat and plan/profiles shall show all facilities
which the subdivision standards require. All lettering shall be neat
and legible.
(4)
All sheets shall be 30 inches by 42 inches, 22 inches
by 34 inches, 17 inches by 22 inches or 8 1/2 inches by 14 inches.
When more than one layout sheet is required, all shall be the same
size and an index sheet of the same size shall be provided showing
the entire subdivision to an appropriate scale.
(5)
In addition to the required drawings, the following
documents shall be submitted as a part of the final submission:
(a)
The completed Town of Malta final submission
form.
(b)
An offer of cession in a form approved by the
Board of all land included in streets, walks, easements, recreation
areas and passive open spaces not specifically reserved by the owner.
If required by the Board, there may be a payment in lieu of the offer
of recreation or open areas. Approval of the plat does not constitute
acceptance of the offer or cession.
(c)
A certificate of adequacy of the proposed water
supply and sewerage service as required by the Public Health Law and/or
the Environmental Conservation Department of New York State.
(d)
A statement by the appropriate Town representative
certifying that certain improvements have been installed and approved.
(e)
Deed description and proof of ownership of the
land to be subdivided.
(f)
Protective covenants in form for recording,
including covenants governing the maintenance of unceded public spaces
or reservations.
(g)
The final design of bridges and culverts unless
included in preliminary submission.
(h)
Such other certificates, affidavits, endorsements
or agreements as may be required by the Planning Board in the enforcement
of these regulations.
(i)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 136, Stormwater Management and Erosion and Sediment Control, §§ 136-1 through 136-5, and Chapter 167, Zoning, Article XA, shall be required for subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 167, Zoning, Article XI. The approved subdivision plat shall be consistent with the provisions of Chapter 136, Stormwater Management and Erosion and Sediment Control, and Chapter 167, Zoning, Article XA.
[Added 11-8-2006 by L.L. No. 15-2006]
(6)
A fee shall be paid with the final submission, which fee shall be as set forth in Table A to Chapter 88, for:
[Amended 5-6-2002 by L.L. No. 6-2002; 11-3-2010 by L.L. No.
9-2010]
(7)
Every application for site plan associated with a
major subdivision shall contain a review of the possible construction
design and management of all buildings constructed within such major
subdivision in compliance with the U.S. Green Building Council's (USGBC)
Leadership in Energy and Environmental Design (LEED) Certification
Standards.
[Added 7-2-2007 by L.L. No. 10-2007[1]]
[1]
Editor's Note: This local law also provided
for the renumbering of former Subsection A(7) as Subsection A(8).
(8)
More detailed information may be required by the Planning
Board as a part of the final submission for a major subdivision in
special cases.
B.
The final submission for a minor subdivision shall
include the following:
(1)
Final plat.
(a)
A final plat, including two reproducible copies
on Mylar, plus 11 prints, to a scale not smaller than 50 feet to the
inch, showing the following:
[Amended 5-1-1995 by L.L. No. 2-1995]
[1]
All existing and proposed property lines, present
zoning and building setback lines, easement and right-of-way lines
with dimensions, azimuths or angle data, and curve data.
[2]
All monuments, iron pipes and bench marks.
[3]
The names of owners of all adjacent property.
[4]
Street names and house numbers.
[Amended 4-7-1997 by Ord. No. 4-1997]
[5]
All property reserved by the owner or dedicated
to the public use.
[6]
A house number for each lot.
[7]
A North arrow.
[8]
Standard title block.
[9]
Key map.
[10]
Proposed use of each lot.
[11]
Standards of accuracy meeting Malta requirements
shall be noted on the map and certified by a land surveyor registered
in New York State.
[12]
Watercourses, marshes, rock outcrops and other
important land features.
[13]
Right-of-way lines, street paving and street
stationing.
[14]
Sanitary sewers, storm drains, gas lines and
waterlines with all appurtenances.
[15]
If an on-site water supply is to be utilized,
a note stating: "All lots sales shall be contingent upon a contract
addendum for the location of water, flow capacity and potability in
accordance with the Town of Malta and New York State Health Department
standards."
(b)
The final plat shall contain the signature and
seal of a professional engineer and of a land surveyor, both registered
in New York State, or a qualified land surveyor under § 7208,
Subdivision n, of the Education Law.
(c)
The final plat shall show all facilities which
the subdivision standards require. All lettering shall be neat and
legible.
(2)
All sheets shall be 30 inches by 42 inches, 22 inches
by 34 inches, 17 inches by 22 inches or 8 1/2 inches by 14 inches.
When more than one layout sheet is required, all shall be the same
size and an index sheet of the same size shall be provided showing
the entire subdivision to an appropriate scale.
(3)
In addition to the required drawings, the following
documents shall be submitted as a part of the final submission:
(a)
The completed Town of Malta final submission
form.
(b)
An offer of cession in a form approved by the
Board of all land included in streets, walks, easements, recreation
areas and passive open spaces not specifically reserved by the owner.
If required by the Board, there may be a payment in lieu of the offer
of recreation or open areas. Approval of the plat does not constitute
acceptance of the offer or cession.
(c)
A certificate of adequacy of the proposed water
supply and sewerage service as required by the Public Health Law and/or
the Environmental Conservation Department of New York State.
(d)
A statement by the appropriate Town representative
certifying that certain improvements have been installed and approved.
(e)
Deed description and proof of ownership of the
land to be subdivided.
(f)
Protective covenants in form for recording,
including covenants governing the maintenance of unceded public spaces
or reservations.
(g)
The final design of bridges and culverts unless
included in preliminary submission.
(h)
Such other certificates, affidavits, endorsements
or agreements as may be required by the Planning Board in the enforcement
of these regulations.
(4)
A fee shall be paid with the final submission, which fee shall be as set forth in Table A to Chapter 88, for:
[Amended 5-6-2002 by L.L. No. 6-2002; 11-3-2010 by L.L. No. 9-2010]
(5)
More detailed information may be required by the Planning
Board as a part of the final submission for a minor subdivision in
special cases.
A.
Various items of construction may be inspected and approved upon their completion and the amount of the letter of credit may be reduced, provided that it does not become less than the amount described in § 143-3B(4).
B.
The final plat and plan/profile shall be corrected
as built and one reproducible copy on Mylar, plus one print, shall
be furnished to the Town. Upon approval of as-built drawings, the
Town shall release the letter of credit or performance bond, provided
that one year has passed without any construction failure since the
final inspection.[1]
[1]
Editor's Note: Former Subsection C, regarding acceptance date
requirements for highways being dedicated to the Town, as amended,
which immediately followed this subsection, was repealed 7-6-2010
by L.L. No. 6-2010.
The owner shall observe the following general
requirements and principles of land subdivision:
A.
Streets.
(1)
The arrangement, character, extent, width and location
of all streets shall conform to the Master 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.
(2)
Where such is not shown in the Master Plan, the arrangement
of streets in a subdivision shall either:
(a)
Provide for the continuation or appropriate
projection of existing principal streets in surrounding areas; or
(b)
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.
(3)
Local streets shall be so laid out that their use
by through traffic will be discouraged.
(4)
Where a subdivision abuts or contains an arterial
street, the Planning Board may require marginal access streets, reverse-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 residential properties and to afford separation
of through and local traffic.
(5)
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.
(6)
The street names shall be approved by the County Planning
Department to avoid duplications or use of similarly sounding or spelled
names. This is to facilitate the 911 emergency system used by the
county.
[Amended 4-7-1997 by Ord. No. 4-1997]
(7)
Public access shall be provided to streets, water
plants, sewage treatment plants or to other land dedicated or to be
dedicated to public use.
(8)
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.
(9)
Where a subdivision with a single access road exceeding
800 feet in length or a dead-end street from an intersection exceeding
800 feet in length is proposed, either a second means of access or
an emergency access road must be provided.
B.
Blocks and lots.
(1)
The lengths, widths and shapes of blocks and lots
shall be determined with due regard to:
(a)
The provision of adequate building sites suitable
to the special needs of the type of use contemplated.
(b)
Zoning requirements.
(c)
The need for convenient access, circulation,
control and safety of street traffic.
(d)
Limitations and opportunities of topography.
(e)
Block length, which generally shall not exceed
2,000 feet, nor be less than 600 feet.
(f)
Intersections with arterial streets which should
be held to a minimum and preferably spaced at least 1,000 feet apart.
(g)
The need for pedestrian walks, 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.
(2)
Land subject to flooding shall not be platted for
residential occupancy nor for such other uses as may increase danger
to life or property or aggravate the flood hazard.
(3)
The subdividing of the land shall be such as to provide
that each lot abuts a public street which provides satisfactory access
via public streets to an existing public street or highway, with a
minimum frontage of 200 feet.
[Amended 5-1-1995 by L.L. No. 2-1995]
(4)
Double-frontage and reverse-frontage lots should be
avoided except where essential to provide separation of residential
development from arterial streets or other disadvantageous use [see
§143-7C(1)(d)] or to overcome specific disadvantages of topography
and orientation.
(5)
Side lot lines shall be substantially at right angles
or radial to street right-of-way lines.
(6)
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.
(7)
All lots shall be numbered using the U.S. Postal Service
standard. This standard calls for all new street numbering to begin
in the east and work toward the west and to begin in the south and
work toward the north. If the lots are along an existing street, check
with the Building Department for existing numbers. Generally, when
numbering a street which runs south to north, the even numbers go
on the east side and odd numbers on the west. When a street runs east
to west the even numbers go on the north side and the odd numbers
on the south. Using this standard all numbers shall be in ascending
order. The final plat shall have a house number for each lot and that
house number shall be identical to the lot number, thus avoiding any
confusion.
[Added 4-7-1997 by Ord. No. 4-1997]
C.
Recreation fee. At the time of final approval for a proposed subdivision, the owner shall contribute to the Town's recreation fund a sum set forth in Table A to Chapter 88 per dwelling unit. This fee shall be paid by the applicant of a dwelling unit building permit at the time the Town issues such a permit. This fund shall be used by the Town exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of property.
[Amended 3-15-1994; 5-6-2002 by L.L. No. 6-2002; 7-6-2004 by L.L. No. 8-2004; 11-3-2010 by L.L. No. 9-2010]
D.
Utilities.
(1)
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 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.
(2)
If individual lot water supply and sanitary waste
disposal are proposed, it shall be the responsibility of the owner
to provide dry waterlines and sanitary sewers to the limits of the
subdivision 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.
(3)
If it will be necessary to construct utilities within
the right-of-way of an existing Town road, it will be the responsibility
of the owner to apply for a 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.
E.
Professional fees. An applicant for a subdivision larger than a two-lot subdivision shall be required to pay an amount equal to the estimated professional fees to be incurred by the Town of Malta in processing the applicant's application, pursuant to § 88-6C.
[Added 2-15-1994; amended 11-3-2010 by L.L. No.
9-2010; 4-4-2011 by L.L. No. 3-2011]
A.
All improvements granted final approval shall be constructed
in each new subdivision in accordance with the standards and requirements
established by the Town Planning Board and in accordance with the
condition of the final approval. The owner may install such improvements
at his own cost and expense or may secure the formation of a special
district to install such improvements pursuant to pertinent laws of
the State of New York.
B.
The standards and specifications for single-family
residential subdivisions are contained in these regulations and design
and construction standards. Additional improvements or improvements
meeting more stringent standards and specifications may be required
by the Planning Board for multifamily dwellings and commercial and
industrial subdivisions.
A.
Where the Planning Board finds that because of unusual circumstances of shape, topography or other physical features of the proposed subdivision or because of the nature of adjacent developments extraordinary hardship may result from strict compliance with these regulations, it may waive certain requirements of these regulations so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of the Official Map, Chapter 167, Zoning, these regulations or ordinances of the Town. In granting changes and modifications, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so changed or modified.
B.
The standards and requirements of these regulations
may be modified by the Planning Board in the case of a plan and program
for a complete community or other planned development which, in the
judgment of the Planning Board, provides adequate public spaces and
improvements for the circulation, recreation, light, air and service
needs of the community when fully developed and populated and which
also provides such covenants or other legal provisions as will assure
conformity to and achievement of the plan.
C.
Minor
changes to site plan. When an applicant is seeking a change to an
adopted site plan which the applicant believes to be minor, he may
submit the proposed change to the Planning Department for its review
with a request that it be treated by the abbreviated process set forth
herein. The application shall be transmitted to the Planning Board
Chair and two members of the Planning Board selected by the procedure
set forth below. This subcommittee of the Planning Board will review
the proposed change and, in consultation with the Building and Planning
Department, shall determine whether the proposed change is sufficiently
small or inconsequential to be reviewed under this paragraph. If the
subcommittee determines that the proposed change is, it will, in consultation
with the Building and Planning Department, make a determination regarding
the proposed change. If the determination of the three individuals
is unanimous in favor of the change, the change shall be approved
and the site plan thereby amended. If any member of the subcommittee
opposes the change, the application shall be transmitted to the full
Planning Board to be reviewed and determined in the usual manner.
[Added 5-2-2011 by L.L. No. 7-2011]
(1)
The
two members of the subcommittee other than the Chair shall be Planning
Board members selected on a rotating basis in a manner determined
by the Planning Board Chair. The Chair may select another member of
the Planning Board to serve in his absence. The reasons for this rotation
are that all members of the Planning Board may be involved, and that
applications will be reviewed by a random selection of members of
the Planning Board. An applicant may not choose or know in advance
which members will be reviewing his appeal.
(2)
Decisions
of the subcommittee shall be made known to the Planning Board on or
before the next meeting. There is no prohibition on members of the
subcommittee discussing applications with other members of the Planning
Board or any other persons.
(3)
The
procedure set forth in this paragraph is voluntary. An applicant may
always choose to present any proposed modification to a site plan
to the Planning Board as a whole.
(4)
Modified
site plans will need to be provided by the applicant, signed by the
Planning Board Chair, and entered into the Planning Board minutes.
