Town of Milton, NY Procedure for Approval of Subdivision

The Planning Board shall, within 62 days after submission, determine whether the sketch plat meets the objectives of these regulations and shall, where it deems necessary, make, in writing, specific recommendations to be incorporated by the applicant in the next submission to the Planning Board. In its review, the Planning Board may schedule a field visit to the site. To facilitate the inspection of the site, the subdivider shall have the corners of the property, proposed lot corners and the center line of any proposed streets marked by temporary stakes. The subdivider may be requested to accompany the Planning Board during its site visit.

Sketch plat review requires the filing of an initial application and payment of a fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. Sketch plat endorsement does not allow filing of a plat with the County Clerk or authorize the sale or lease of or any offer to sell or lease any lots in such subdivision or any part thereof.

§ 154-7 Approval of minor subdivision plat.

Application and fee. Within six months of the classification by the Planning Board of a proposed subdivision as a minor subdivision, the property owner or his duly authorized representative shall submit an application for approval of a minor subdivision plat. The plat shall conform to the requirements of these regulations for a minor subdivision plat, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 154-21 of this chapter. Any application for plat approval for a minor subdivision shall be accompanied by the applicable fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. A copy of said fee schedule shall be available from the Zoning Enforcement Officer.

Number of copies. The application for approval of a minor subdivision plat, complete with five print copies and one digital (pdf) of the subdivision plat and all further required data specified within § 154-21, shall be filed with the Clerk of the Planning Board at least 14 days' prior to the regular meeting of the Planning Board, at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations.

[Amended 2-18-2024 by L.L. No. 2-2024]

Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the minor subdivision plat.

Approval procedure.

All time frames specified below must be coordinated with § 154-10, Coordination with State Environmental Quality Review Act.

Within 62 days of the receipt of the complete minor subdivision plat application by the Planning Board, the Planning Board shall hold a public hearing on such plat.

Notice of the public hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing. Submission is the responsibility of the Clerk of the Planning Board.

[Amended 2-18-2024 by L.L. No. 2-2024]

(4)

Within 62 days from the date of such public hearing, the Planning Board shall act by resolution on the minor subdivision plat. The Planning Board shall either approve, conditionally approve with or without modification or disapprove the minor subdivision plat. The Board shall specify, in writing, its reasons for any such disapproval. In the event that the hearing is not held or if the Board fails to disapprove the minor subdivision plat within the 62 days prescribed above, the plat shall be deemed approved. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board.

(5)

Upon a resolution of approval, one Mylar and one print copy for Saratoga County, one print copy for the Town of Milton and as many copies as required for the applicant of the minor subdivision plat shall be provided by the applicant and properly signed by the Chairman of the Planning Board. The subdivision plat may then be filed by the applicant in the office of the Saratoga County Clerk. Any minor subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reason of the failure of the Planning Board to act shall become null and void. If conditional approval is granted, the Planning Board shall empower the Chairman of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five business days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, and a copy shall be filed in the Planning Board office, and a copy so certified shall be mailed to the subdivider. The copy mailed to the subdivider shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a 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, for a period not to exceed two additional periods of 90 days each.

[Amended 2-18-2024 by L.L. No. 2-2024]

§ 154-8 Approval of preliminary plat for major subdivision.

Application and fees.

Prior to the filing of an application for the approval of a major subdivision plat and within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner or his duly authorized representative shall file an application for consideration with a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by § 154-23 hereof. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and these regulations, except where a waiver of any specific requirement may be specifically requested from and authorized by the Planning Board.

Payment of a fee shall accompany all applications for approval of a preliminary plat for a major subdivision. Said application fee shall be in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board.

Purpose.

The preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board, and later, one copy shall become the official record of the Town Clerk. The preliminary plat and supporting documents shall show the layout of the subdivision and its public improvements so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the final engineering design and detailing of the public improvements and utilities, is completed. Approval of the preliminary plat does not constitute an approval of the final plat, nor should it be considered a valid basis for the construction of site improvements or other commitments which depend upon its design characteristics.

The preliminary layout shall additionally serve as a key map to subdivisions subsequently laid out in sections or phases on final plats.

Number of copies. The application for approval of the preliminary plat, complete with five print copies and one digital (pdf) of the preliminary plat, shall be filed with the Clerk of the Planning Board at least 14 days' prior to the regular meeting of the Planning Board, at which time it shall be introduced and considered officially received by the Planning Board for purposes of this chapter. A proposed submission which does not include all the required drawings and documents specified within § 154-23 of this chapter shall not be accepted by the Clerk of the Planning Board.

[Amended 2-18-2024 by L.L. No. 2-2024]

Subdivider to attend Planning Board meeting. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.

Study of preliminary plat. The Planning Board shall study the practicality of 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 relationship to the topography of the land, water supply, sewage disposal, drainage, lot sizes and configuration, the future development to lands not yet subdivided and the requirements of the Master Plan, the Official Map and Chapter 180, Zoning.

Approval procedure.

All time frames specified below must be coordinated with § 154-10, Coordination with State Environmental Quality Review Act.

Within 62 days of receipt of the complete preliminary plat application by the Planning Board, the Planning Board shall hold a public hearing on such preliminary plat.

Notice of the public hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing.

(4)

Within 62 days of the date of such public hearing, the Planning Board shall act, by resolution, on the preliminary plat. The Planning Board shall either approve with or without modifications or disapprove the preliminary plat. The Board shall specify, in writing, its reasons for any such disapproval. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a preliminary plat within the time prescribed therefor shall be deemed approval of the plat.

(5)

When approving a preliminary plat, the Planning Board shall state, in writing, the modifications, if any, it deems necessary for submission of the plat in final form with respect to the specific changes which it will require in the preliminary plat; the extent of waivers which may have been specifically requested and which, in the Planning Board's opinion, may be authorized without jeopardy to the public health, safety and general welfare; and the categories of improvement and the estimated amount of all bonds or similar performance guaranties which the Planning Board shall require as a requisite for approval of the final plat. The action of the Planning Board, plus any conditions attached thereto, shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, one copy shall be retained by the Planning Board and one copy shall be forwarded to the Town Board through the Town Clerk. Prior to the 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.

§ 154-9 Approval of final plat for major subdivision.

Application and fee.

Following approval with or without modifications of the preliminary plat, the property owner or his duly authorized representative shall prepare a final plat, together with all other supplementary documents, in accordance with § 154-24 of this chapter. The application for final plat approval for a major subdivision or any section thereof shall be accompanied by a processing fee in accordance with the Town's subdivision fee schedule.

The final plat and other supplementary documents shall be filed with the Clerk of the Planning Board, together with a written application for final approval, within 180 days after approval with or without modifications of the preliminary plat, unless such time limit is extended by mutual consent of the applicant and the Planning Board.

Purpose. The final plat and the supporting documents for a proposed subdivision constitute the complete development of the subdivision proposal. After public hearing, as required, and approval by the Planning Board, this complete submission, along with the applicable performance guaranty and the general liability insurance policy, as approved by the Town Board, becomes the basis for the development of the subdivision, the installation of required improvements and the applicable inspection services by the Planning Board, the designated Town Engineer or other delegated Town officials.

Number of copies. The application for approval of the final plat, complete with five print copies and one digital (pdf) of the final plat, shall be filed with the Clerk of the Planning Board at least 14 days' prior to the regular meeting of the Planning Board, at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations.

[Amended 2-18-2024 by L.L. No. 2-2024]

Approval procedure.

All time frames specified below must be coordinated with § 154-10, Coordination with State Environmental Quality Review Act.

Within 62 days of the receipt of the final plat by the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised at least once in the official newspaper of the Town; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 154-8 of this article and modified in strict accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive by resolution the requirement for such public hearing.

Within 62 days of the date of such public hearing or from the date of receipt of the application by the Clerk of the Planning Board if no such hearing is held, the Planning Board shall act by resolution on the final plat. The Planning Board shall either approve, conditionally approve with or without modification or disapprove the final plat. The Board shall specify, in writing, its reasons for any such disapproval. The time in which the Planning Board must take action may only be extended by mutual consent of the owner and the Planning Board. Failure of the Planning Board to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.

(4)

If conditional approval is granted, the Planning Board shall empower the Chairman of the Planning Board to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the resolution granting conditional approval, the plat shall be so certified by the Clerk of the Planning Board as conditionally approved, and a copy shall be filed in the Planning Board office, and a certified copy shall be mailed to the subdivider which shall include a statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Conditional approval of a plat shall expire and the application shall be considered to have been withdrawn 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. Upon specific request by the applicant, 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, for a time not to exceed two additional periods of 90 days each.

Final approval and filing. Upon completion of the requirements in §§ 154-9, 154-13 and 154-14 and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. One Mylar and one print copy for Saratoga County, one print copy for the Town of Milton and as many copies as required for the applicant as provided by the applicant shall be properly signed by the Chairman of the Planning Board upon receipt of notification that the required performance guaranty and insurance, as may be requested, have had the approval of the Town Attorney. The final plat may then be filed by the applicant in the office of the Saratoga County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.

[Amended 2-18-2024 by L.L. No. 2-2024]

Expiration of approval. The approval of a final plat shall expire within 62 days after the date of the Planning Board's resolution authorizing the Chairman of the Planning Board to sign the drawings unless filing of the plat or a section thereof, as may be authorized by the Planning Board, is accomplished within that time period in the office of the Saratoga County Clerk in accordance with § 276 of the Town Law. Expiration of an approval shall mean that any further action shall require submission of a new application, payment of a new filing fee and Planning Board review of all previous findings. On and after such expiration of plat approval, any formal offers of cession submitted by the subdivider shall be deemed to be invalid, void and of no effect.

Filing in sections. At the time of final plat approval, the Planning Board may permit the plat to be divided into two or more sections, subject to any conditions the Board deems necessary to ensure the orderly development of the plat. In accordance with § 276 of the Town Law, the applicant may file a section of the approved plat with the Saratoga County Clerk, which section shall consist of not fewer than 10 lots nor less than 10% of the total number of lots shown on the approved plat. In this circumstance, plat approval on the remaining sections of the plat shall continue in effect for a period of three years from the filing date of the first section with the County Clerk. When a plat is filed by section with the County Clerk, the applicant shall, within 30 days, file with the Town Clerk the entire approved preliminary plat. The subdivider shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Saratoga County Clerk and the required improvements have been installed and approved in such section or a satisfactory performance guaranty covering the cost of such improvements has been posted.

§ 154-9.1 Stormwater pollution prevention plan.

[Added 10-25-2006 by L.L. No. 2-2006[1]]

For all major and certain minor (only for minor subdivisions in which the Town Planning Board deems necessary) preliminary subdivision plats add "Stormwater pollution prevention plan: a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article I, General Provisions, of Chapter 151, Stormwater Management and Erosion and Sediment Control, and § 180-39.5, Stormwater control, of Chapter 180, Zoning, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 180-39.5, Stormwater control, of Chapter 180, Zoning. The approved preliminary subdivision plat shall be consistent with the provisions of L.L. No. 2-2006."[2]

[2]

Editor's Note: See Ch. 151, Stormwater Management and Erosion and Sediment Control, Subdivision of Land §§ 154-9.1, 154-21C, 154-22K and 154-23C, and Zoning §§ 180-39.5 and 180-52D.

For all major and certain minor (only for minor subdivisions in which the Town Planning Board deems necessary) Final Subdivision Plat approvals add "Stormwater pollution prevention plan: a stormwater pollution prevention plan consistent with the requirements of Article I, General Provisions, of Chapter 151, Stormwater Management and Erosion and Sediment Control, and § 180-39.5, Stormwater control, of Chapter 180, Zoning, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 180-39.5, Stormwater control, of Chapter 180, Zoning. The approved final subdivision plat shall be consistent with the provisions of L.L. No. 2-2006."

However, in cases where property is being subdivided only and not developed, and where there is not immediate plan to develop such, a stormwater pollution prevention plan shall not be required, unless the Planning Board deems it necessary. The right is further reserved to require a plan when the lots are actually developed.

[1]

Editor's Note: L.L. No. 2-2006 consists of Ch. 151, Stormwater Management and Erosion and Sediment Control, Subdivision of Land §§ 154-9.1, 154-21C, 154-22K and 154-23C, and Zoning §§ 180-39.5 and 180-52D.

§ 154-10 Coordination with State Environmental Quality Review Act.

Preliminary plats, and final plats where no preliminary plat was required, shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.

When the Planning Board is the lead agency under the State Environmental Quality Review Act (SEQRA), any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:

If the Planning Board determines that the preparation of an environmental impact statement is not required, the public hearing on the plat shall be held within 62 days after the receipt of a complete preliminary plat; or if the Planning Board determines that the preparation of an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement. If no public hearing is held on the draft environmental impact statement, the public hearing on the plat shall be held within 62 days of filing the notice of completion.

The hearing on the plat shall be advertised at least once in the official newspaper of the Town at least five business days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 business days before a hearing held jointly therewith. The hearing on the plat shall be completed within 120 days after it has begun.

If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 62 days following the close of the public hearing on the plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the plat.

If the Planning Board is not the lead agency under the State Environmental Quality Review Act, any public hearing held by the Planning Board on a preliminary plat, on a final plat where no preliminary plat was required or on a final plat which does not substantially conform to an approved preliminary plat shall be coordinated with the environmental review process as follows:

The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement, the Planning Board shall hold the public hearing on the plat within 62 days after the receipt of a complete plat by the Clerk of the Planning Board.

The hearing on the plat shall be advertised at least once in the official newspaper of the Town at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 business days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such plat. The hearing on the final plat shall be completed within 120 days after it has begun.