A.
The preliminary plat review is the first step in a two-step review
process following the sketch plan conference.
B.
The purpose of the preliminary review is as follows:
(2)
To ensure that the proposed subdivision meets all requirements of Article IX, Design Standards, and other requirements of this chapter and is consistent with the purposes and policies of this chapter.
(3)
To receive public and agency comments on the proposed subdivision.
(4)
To ensure that the proposed subdivision addresses all issues
raised during the sketch plan conference.
(5)
To initiate formal review of the proposed subdivision.
The applicant is required to submit one original and 14 copies
of the preliminary plat application. Such application shall include
the following documents and/or information:
A.
Preliminary plat. The preliminary plat shall be laid out by a licensed
professional engineer and/or a licensed professional land surveyor
with a properly executed New York State Education Department Exemption
N. Such preliminary plat shall be prepared at a scale of one inch
equals 50 feet zero inches, clearly showing:
(1)
The location of all existing and proposed property lines, buildings,
watercourses and other important topographic features.
(2)
Existing and proposed contours showing elevations at two-foot contour
intervals and extending at least 100 feet off site.
(3)
The location, names and widths of all existing and proposed
streets, easements, lots and building lines, wells and septic tanks
and fields and similar facts regarding property immediately adjacent
to or opposite the proposed subdivision.
(4)
A location map showing:
(a)
The zoning district or districts in which the land to be subdivided
is located; and
(b)
The property included in the proposed subdivision and all contiguous
properties of the proposed subdivision and all properties within 500
feet in each direction from the boundary line of the proposed subdivision
along any contiguous street or highway. All properties shall be identified
by lot and parcel number and names of owners.
(5)
The location and size of any existing sewers, water mains, culverts
and drain pipes, electric, telephone and cable television lines and
proposed sewers, water mains, culverts and drain pipes on the property
or immediately adjacent to the property to be subdivided.
(6)
The proposed arrangement and approximate area, width and length
of street frontage and setback requirements of each lot for the purpose
of demonstrating to the Planning Board that the proposed location
of streets makes possible a layout of lots in accordance with the
requirements of the Town of Queensbury Zoning Law[1] for the district or districts in which the subdivision
is located.
(7)
All parcels of land proposed to be dedicated to the public use.
(8)
The date, North arrow and scale.
(9)
The title under which the proposed subdivision is to be recorded,
with the names of the owner and the engineer or land surveyor who
prepared the preliminary plat; the license number and seal of the
engineer or land surveyor shall be affixed to the drawing.
B.
Layout plans. Layout plans shall be prepared by a professional licensed
engineer or professional licensed land surveyor with a properly executed
New York State Education Department Exemption N. Such layout plans
shall be incorporated on the preliminary plat and shall show the following:
(1)
The exact layout and dimensions of proposed streets, including
stationing and tie-in to the center-line distances of existing streets
with monuments and other points, as required.
(2)
The location and widths of all streets, pavements, curbs, sidewalks,
easements, parks and other open spaces.
(3)
The proposed names of all streets, and the radii of all curves
in the street line.
(4)
The location of all proposed utilities, including the proposed
water supply, sanitary sewers, stormwater drainage system and any
other proposed underground utilities.
(5)
Proposed lot lines.
(6)
The date, North arrow and scale.
(7)
The title under which the proposed subdivision is to be recorded,
with the names of the owner and engineer or land surveyor who prepared
the layout plans; the license number and seal of the engineer or land
surveyor shall be affixed to the drawing.
C.
Construction details. Construction details shall be prepared by a
licensed professional engineer or a licensed professional land surveyor
with a properly executed New York State Education Department Exemption
N. Such details shall include:
(1)
The proposed sanitary sewer system, including pipe sizes, bedding
and profiles.
(2)
The proposed storm drainage system, including pipe sizes, bedding,
catch basin and manhole details, profiles and method of disposal of
collected stormwater.
(3)
The proposed water supply system.
(4)
Any other proposed underground utilities.
(5)
A typical cross section of the roadway, including the right-of-way
width, pavement width and depth of pavement materials and subbase,
the location of utilities, character and dimensions of curbs and sidewalks
and side slope grading.
(6)
Profiles, showing the original ground surface and finished street
surface at center lines of all streets, percentage of grades of streets,
stationing and elevations of all points of curvature, points of intersection,
points of tangency and of proposed sewers, drains, culverts, manholes
and other features. Invert elevations and slopes of sewers and drains
and both surface and invert elevations of manholes shall be indicated.
Profiles shall be drawn to the scale of four feet to the inch vertical
and 40 feet to the inch horizontal. The stationing shall show accurate
center-line distances. The elevations of the original ground surface
shall be to the nearest tenth of a foot and of fixed points to the
nearest hundredth of a foot.
(7)
The location and elevation of all proposed monument locations.
(8)
The date and scale.
(9)
The title under which the proposed subdivision is to be recorded,
with the names of the owner and engineer who prepared the construction
details; the license number and seal of the engineer shall be affixed
to the drawing.
D.
Landscape plan. A landscape plan shall be prepared by a licensed
landscape architect for subdivisions greater than 10 lots. Such landscape
plan shall include:
(1)
The location and species of street trees, if retained within
the right-of-way or proposed to be planted by the subdivider.
(2)
Details of methods of tree protection and tree planting.
(3)
Plans and details of any site improvements related to park or
recreation planning, including layout, grading, planting and details
of any improvements.
(4)
Plans and details of any other public amenities provided in
the subdivision.
(5)
The date and scale.
(6)
The title number which the proposed subdivision is to be recorded,
with the names of the owner and landscape architect who prepared the
landscape plan; the license number and seal of the landscape architect
shall be affixed to the drawing.
E.
Clearing plan. A clearing plan shall be prepared at a scale of one
inch equals 50 feet zero inches. Such plan shall show the following
details:
(1)
Existing vegetation prior to any clearing of the site for site investigation
purposes.
(2)
Areas of vegetation removed from the site for investigation purposes.
(3)
The location of roadways, underground or overhead utilities not in
roadways, limits of grading, proposed location of any buildings, septic
systems, wells and driveways and any other improvements which might
require clearing.
(5)
Limits of proposed clearing of trees.
(6)
Measures to be taken to protect remaining trees, including details.
F.
Grading and erosion control plans. A grading plan and erosion control
plan shall be prepared at a scale of one inch equals 50 feet zero
inches. Such plan shall show the following:
H.
Statement of intent. A statement of intent shall be submitted by
the applicant. Such statement shall include:
(1)
Proof of ownership of the land to be subdivided, in a form approved
by the Town Attorney.
(2)
The nature and extent of proposed street improvements.
(3)
The nature and extent of any recreational features, parks, playgrounds,
water supply, sewerage and drainage rights-of-way and easements, retention
basins and other land to be dedicated to public use and the conditions
under which dedication of these features is to be made to the Town.
(4)
A statement that the applicant will install all improvements
in accordance with the standards prescribed by the departments of
the Town having jurisdiction, and set all monuments as shown on the
final plat thereof in such manner as the Board may designate.
I.
A stormwater management plan and a stormwater pollution prevention plan consistent with the requirements of Chapter 147, Stormwater Management.
J.
Fees.
(1)
The application for preliminary plat approval shall be accompanied
by a fee listed on the current schedule of fees for the Town of Queensbury
posted in the Planning Office.
(2)
In addition to the fee listed on the schedule of fees, the Planning
Board may charge a fee to developers of projects requiring legal and
technical review, provided that the fee charged reflects the actual
cost of the legal and technical assistance to the Planning Board.
K.
Waivers. If the Planning Board finds that any of the information
requirements as set forth above are inappropriate or not necessary
to conduct an informed review, it may waive such information requirements
as it deems appropriate. Any such waiver shall be made in writing,
and shall contain statements of the reasons why the waived information
requirements are not necessary for an informed review under the circumstances.
The Planning Board may grant such waivers on its own initiative or
at the written request (that sets forth the specific requirements
that are requested to be waived and the reasons for the requested
waiver) of an applicant.
A.
Application.
(1)
Unless otherwise agreed upon by the Planning Board and the subdivider,
the subdivider shall submit an application for preliminary plat review
within 12 months after the sketch plan discussion.
(2)
The subdivider must submit to the Planning Board, at least 21
days before the regularly scheduled Planning Board meeting, one original
and 14 copies of the preliminary plat application, including all drawings,
fees and reports as set forth in the previous section.
(3)
The Planning Board, at its regular monthly meeting, shall review and determine the completeness of an application for preliminary plat approval. The date of the official submission of the preliminary plat shall be considered to be the date on which the Planning Board determines that the application is complete, is in compliance with the requirements of § A183-8F and payment of the required fees has been made to the Planning Board.
B.
Extent of preliminary plat. The preliminary plat shall include the
entire subdivision, including all phases of development as presented
and discussed during the sketch plan conference. If additional land
is proposed to be subdivided or if the proposed preliminary plat is
substantially altered from the sketch plan, the applicant shall be
required to resubmit a sketch plan for discussion with the Planning
Board showing the full extent of the new subdivision prior to submitting
such subdivision for preliminary plat review.
C.
Public hearing. Within 62 days after the date of official submission
of the preliminary plat, the Planning Board shall hold a public hearing
which shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing. 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 preliminary plat.
D.
Notice. The subdivider shall display prominently on the subject property,
for 10 days preceding the date of the public hearing, at least one
sign, two feet by three feet in size and carrying a legend prescribed
by the Town Planning Board, announcing the public hearing. The sign
shall be in full public view from the street pavement and shall be
legible from the street. If the property is bounded by more than one
street, a sign shall be placed on each street that bounds the property.
E.
Notice to adjacent municipalities. Pursuant to General Municipal
Law § 239-nn, whenever an application involves property
that is located within 500 feet of an adjacent municipality, notice
of the public hearing on said application shall be given by mail or
electronic transmission to the Clerk of the adjacent municipality
at least 10 days prior to such hearing. For purposes of this section,
an adjacent municipality is a city, town or village which has a portion
of its boundary that is contiguous with the Town's boundaries. Such
adjacent municipality may appear and be heard at such public hearing.
F.
Study of preliminary plat.
(1)
The Planning Board shall study the preliminary plat, taking
into consideration the provisions of these regulations. Particular
attention shall be given to the arrangement, location and design of
streets and their relation to topography, water supply, sewage disposal,
drainage, lot sizes and arrangement, the placement of utilities, the
future development of adjoining lands as yet unsubdivided, and the
requirements of the Zoning Law,[1] the policies and recommendations of the Comprehensive
Plan and the requirements of the State Environmental Quality Review
Act.[2]
(2)
Prior to approval of the preliminary plat, the Planning Board
shall submit copies of the preliminary plat to the appropriate Town
departments, the County Planning Department and the Adirondack Park
Agency, if required, for their review and comment.
G.
Action on preliminary plat.
(1)
The subdivider or his duly authorized representative shall attend
the public hearing and the meetings of the Planning Board to discuss
the preliminary plat. Within 62 days after the completion of the public
hearing, the Planning Board shall approve, with or without modification,
or disapprove such preliminary plat. This time period may be extended
by written agreement of the subdivider and the Planning Board. The
grounds of a modification, if any, or the grounds for disapproval
shall be stated upon the records of the Planning Board. When approving
a preliminary plat, the Planning Board shall state, in writing, such
modifications, if any, as it deems necessary for submission of the
plat in final form. Within five business days of the approval of such
preliminary plat, it shall be certified as having been granted preliminary
approval and a copy filed in the Town Clerk's office, a finding sheet
mailed to the owner and a copy forwarded to the Town Board. A copy
of the resolution shall be mailed to the owner. Failure of the Planning
Board to act within such 62 days or otherwise agreed-upon period shall
constitute approval of the preliminary plat.
(2)
When granting approval of a preliminary plat, the Planning Board
shall state the terms of such approval, if any, with respect to:
(a)
The modifications to the preliminary plat;
(b)
The character and extent of any required improvement for which
waivers may have been requested and which, in its opinion, may be
waived without jeopardy to the public health, safety, morals and general
welfare; and
(c)
The amount of improvements or the amount of all bonds therefor
which it will require as prerequisite to subdivision plat approval.
(3)
Approval of a preliminary plat shall not constitute approval
of the subdivision plat, but rather, it shall be deemed an expression
of approval of the layout of lots, streets and design submitted on
the preliminary plat and as a guide to the preparation of the subdivision
plat.
