[HISTORY: Adopted by the Town Board of the Town of Queensbury 7-15-1992 by L.L. No. 6-1992. Amendments noted where applicable.]
This chapter shall be known as "Zoning - Subdivision Review."
The authority for this chapter is cited as Municipal Home Rule Law § 10 and Town Law § 276.
The intent of this chapter is to modify the Planning Board's authorization to review and approve subdivisions in the Town of Queensbury. The desire is to provide for the authorization of certain two-lot residential subdivisions without Planning Board approval. The subdivisions allowed would have to comply with Chapter 179, Zoning. The type of two-lot subdivision allowed without Planning Board approval would not seem to generally cause any environmental concerns and also would not seem to warrant the expenditure of time and money by all concerned for a review by the Planning Board. Also, as subdivisions in the Adirondack Park may be subject to restrictions or notification procedures under state law, any subdivision in the Adirondack Park would still be subject to Planning Board review to make it easier, procedurally, to be sure that law is complied with in the event that compliance is necessary. Finally, the subdivisions to which this chapter would be applicable are extremely limited and the review provided for herein would be ministerial in nature to determine whether or not certain conditions are met. If the conditions are met, the subdivision would be allowed by the Town without Planning Board review. If they are not, then the subdivision would be reviewed by the Planning Board.
This chapter shall supersede or amend, as may be necessary, Resolution No. 114 of 1963, and any other resolution that may have granted or be deemed to have granted subdivision authority to the Planning Board.
As used in this chapter, terms and words shall have such definitions as are established in Chapter 179, Zoning, of the Code of the Town of Queensbury.
Subdivisions of parcels into two lots for single-family dwelling unit residential purposes shall be permitted in the Town of Queensbury without Planning Board approval and shall not be considered a subdivision under the jurisdiction of the Planning Board, provided that the procedures in §§ 178-7 and 178-8 hereof and the following terms and conditions are complied with:
The proposed subdivision complies with the applicable zoning regulations;
The proposed subdivision does not require new streets nor the creation or extension of improvement districts for the supply of water, sewer or drainage;
The parcel or portion thereof to be subdivided has not have been previously illegally subdivided or subdivided with the approval of the Planning Board or through the use of this procedure;
The proposed subdivision does not propose to establish or create more than two lots;
Payment of applicable recreation fees are made at the time of the application provided for under § 178-7 hereof; and
The proposed subdivision and new lots created hereunder are used to construct not more than one single-family dwelling unit on each lot.
No further resubdivision will be allowed under this provision.
Subdivisions of parcels into two lots for single-family dwelling unit purposes shall be permitted by the following procedure: An informal plot plan shall be submitted to the Zoning Administrator. The Zoning Administrator will review the plan and then, if the same demonstrates compliance with the terms and conditions set forth in § 178-6 hereof, the same will be stamped permitted with the following notation: "Plot plan meets all criteria; no Planning Board review necessary." The applicant may then use the property for single-family dwelling unit purposes consistent with Chapter 179, Zoning.
The plot plan required hereunder shall contain the following information:
The name and address of the property owner.
The date of submission.
The tax parcel number.
The name of the subdivider.
The approximate location of the proposed structure to ensure that setbacks and septic system can be met.
A statement that final grading of the parcel will slope away from the proposed structure for stormwater drainage and disposal.
The original plot plan submitted hereunder shall remain on file with the Town of Queensbury, and a copy shall be given to the person or entity requesting the subdivision.
This chapter shall take effect immediately upon filing with the Secretary of State.