A.
The final plat review and approval is the second step in a two-step
review process.
B.
The purpose of the final plat review is as follows:
(1)
To ensure that the proposed subdivision meets all state and
local regulations related to provision of public services.
(2)
To ensure that the proposed subdivision addresses all issues
raised during preliminary plat review.
(3)
To receive additional public comment when the Planning Board
deems it necessary.
(4)
To facilitate the orderly approval of phases of the proposed
subdivision.
(5)
To review and approve all proposed easements, deed restrictions
and other such features of the proposal.
The applicant is required to submit one original and 14 copies
of the final plat application. Such application shall include the
following documents and/or information:
A.
Final plat. The final plat shall be laid out by a licensed professional
engineer with a properly executed New York State Education Department
Exemption N or a licensed land surveyor. Such final plat shall be
prepared at a scale of one inch equals 50 feet zero inches, clearly
showing:
(1)
The bearing and length of all straight lines and the radii,
lengths and central angles of all curves along all property and street
lines.
(2)
The area of each lot in square feet or in acres, if such lot
is larger than one acre.
(3)
The connection by proper measurement between street center lines
where such streets are not straight across an intersecting street,
both within the subdivision and where opposite existing streets or
subdivisions.
(4)
A system of monuments to be located at all corners of intersections
and angle points.
(5)
The building setback lines for each lot.
(6)
Fire and school district boundaries within the subdivision area.
(7)
Existing zoning, with the location of any district boundaries
within 200 feet of the property to be subdivided.
(8)
The boundaries of the property, the lines of proposed lots,
streets and parks, and the lines of all adjoining streets, their names
and exact survey locations.
(9)
The names of all subdivisions immediately adjacent and opposite
or, if not subdivided, the names of the owners of record of adjacent
and opposite property.
(10)
A statement that the plan is in compliance with the Town of
Queensbury Zoning Law.
(11)
A statement reading as follows: "Approved under authority of
a resolution adopted __________ by the Planning Board of the Town
of Queensbury, New York, __________, Chairman."
(12)
A title block, showing the name of the subdivision, the owner,
the scale, the date and North point.
(13)
A certificate of the licensed engineer and/or land surveyor
making such plan to the effect that the plan is correct and made from
an actual survey; the license number and seal of the engineer and
land surveyor shall be affixed to the drawing.
B.
Endorsement of state and county agencies. Evidence shall be supplied
that any proposed water supply and sewage disposal facilities associated
with the subdivision plat requiring approval by the Department of
Environmental Conservation and/or New York State Department of Health
have received at least preliminary approval(s) of such facilities
and that any special district extensions required have been authorized
by the Queensbury Town Board. Any proposed water supply and sewage
disposal facility shall meet the Town of Queensbury design and construction
standards for such facility.[1] The plat shall not be stamped approved until all state-
or county-required approvals for each lot of the subdivision have
been received, in writing, by the Planning Board.
C.
Other plans and reports. Other plans and reports shall be submitted
as follows:
(1)
A planting plan illustrating species and location of proposed tree
planting.
(2)
A tree clearing plan illustrating areas and methods of protection
of existing trees to remain.
(3)
An erosion control plan illustrating methods and location of erosion
control devices and schedule of maintenance of such devices and other
actions to reduce erosion.
(5)
Construction plans showing grading and other site improvements and
details of those site improvements.
D.
If the subdivision is to include any protected open space, all appropriate
easements, deed covenants, conditions and restrictions approved by
the Planning Board and/or the Town Attorney related to such protected
lands.
E.
Homeowners' association or condominium agreements. If the subdivision
is to be managed by a homeowners' association or condominium, copies
of their regulations and agreements, indicating any restrictions required
by the Planning Board, shall be submitted. If the subdivision is to
be sold fee simple, copies of deeds indicating any restrictions required
by the Planning Board shall be submitted.
F.
Streets, recreation land or open space.
(1)
The plat shall be endorsed with the necessary agreements in
connection with required easements or releases. Offers of dedication
to the Town shall be presented prior to plat approval. Formal offers
of dedication to the Town of all streets and parks, not marked on
the plat with notation to the effect that such dedication will not
be offered, shall be filed with the Planning Board prior to plat approval.
If the owner of the land or his agent who files the plat does not
add as part of the plat a notation to the effect that no offer of
dedication of such streets, highways or parks, or any of them, is
made to the public, the filing of the plat in the office of the County
Clerk or register shall constitute a continuing offer of dedication
of the streets, highways or parks, or any of them, to the public,
and said offer of dedication may be accepted by the Town Board at
any time prior to revocation of said offer by the owner of the land
or his agent.
(2)
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or imply the acceptance by the Town of
any street, park, playground or other open space shown on said plat.
The Planning Board may require said plat to be endorsed with appropriate
notes to this effect. If the Town Board determines that a suitable
park or parks of adequate size cannot be properly located in any such
plat or is otherwise not practical, the Board may require, as a condition
to approval of any such plat, a payment to the Town of a sum to be
determined by the Town, which sum shall constitute a trust fund to
be used by the Town Board exclusively for neighborhood park, playground
or recreation purposes, including the acquisition of property. The
Planning Board may require the filing of a written agreement between
the applicant and the Town Board covering future title, dedication
and provision for the cost of grading, development, equipment and
maintenance of any park or playground area.
G.
Fees.
(1)
The application for final plat approval shall be accompanied
by a fee as established by the Town Board by resolution and as 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.
A.
Application.
(1)
Unless otherwise agreed by the Planning Board and the subdivider, approvals for subdivisions of more than 35 lots shall be phased pursuant to Article XI. The subdivider shall submit an application for subdivision within six months after preliminary plat approval. If the subdivision is to be completed in phases, the subdivider shall submit such an application for the first phase (maximum 35 lots) within six months after preliminary plat approval. Failure to do so within such time period may require resubmission of the preliminary plat to the Planning Board. The application shall be on a form provided by the Planning Board and shall include elements described in this article, and the plat shall conform to the preliminary plat as modified by the Planning Board, if such preliminary plat was approved with modifications. The application and fee must be submitted to the Planning Board at least 21 days before the regularly scheduled Planning Board meeting.
(2)
The Planning Board, at its regular monthly meeting, shall review
and determine the completeness of an application for final plat approval.
The date of the official submission of the final subdivision plat
application shall be considered to be the date on which the Planning
Board determines that the application is complete and payment of the
required fees has been made.
B.
Extent and character of final plat. Review and approval of the final plat shall include a maximum of 35 lots, whether or not the subdivision is to be completed in phases. The final plat shall be in substantial agreement with the preliminary plat approved under Article IV of these regulations and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modifications.
C.
Additional or second public hearing. Within 62 days of the date of official submission of the subdivision plat for approval, the Planning Board shall require a public hearing and re-open the SEQR review if said plat is substantially different from the preliminary plat. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Article IV and modified in accordance with requirements of such approval, if such preliminary plat was approved with modification, the Planning Board shall waive the requirement for such public hearing.
E.
Action on subdivision plat.
(1)
Within 62 days of the date of official submission of a subdivision
plat if no hearing is held or, in the event that a hearing is held,
not more than 62 days after the completion of such hearing, the Planning
Board shall, by resolution, conditionally approve, disapprove or grant
final approval and authorize the signing of such plat. This time period
may be extended by written agreement of the subdivider and the Planning
Board. Failure to take action on a final plat within such time period
shall constitute final approval of the plat.
(2)
Upon granting conditional approval of the final plat, the Planning
Board shall empower a duly designated officer 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 such resolution, a certified copy of the resolution shall be mailed
to the subdivider. Such requirements, when completed, will authorize
the signing of the conditionally approved final plat. All conditions
of approval shall be noted on the final plat. Upon completion of such
requirements to the satisfaction of the duly designated officer of
the Planning Board, the plat shall be deemed to have received final
approval, and the Chairman of the Planning Board shall sign the plat
accordingly. Conditional approval of a final 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 in the circumstances, for one or two additional
periods of 90 days each.
(3)
The final plat shall show the exact location and depth of sewer
and water service. It shall also set forth the exact layout and dimensions
of proposed streets with the street names and house numbers.
(4)
Final approval of the subdivision plat shall be limited to that
phase of the development approved by the Planning Board.
F.
Plat void if revised after approval.
(1)
No changes, erasures, modifications or revisions shall be made
in any subdivision plat after approval has been given by the Planning
Board and a duly designated officer thereof has signed the plat, unless:
(a)
Such plat is first resubmitted to the Planning Board and such
Board approves, in writing, any modifications; or
(b)
Minor changes, subject to the following conditions, are approved
by the Zoning Administrator. Minor changes shall be limited to lot
line adjustments that meet the following criteria:
[1]
Adjustments that do not increase an existing or create a nonconforming
area condition;
[2]
Adjustments that do not increase the total number of lots in
an approved subdivision; or
[3]
Adjustments that do not affect the location, function or maintenance
of any existing or proposed public infrastructure or any existing
or proposed private stormwater management system or device; or
[4]
Within the Adirondack Park, the adjustments do not involve wetlands
to the extent the lot line change would not require an Adirondack
Park Agency permit as Class A regional permit.
(2)
In the event that any such modified or revised subdivision plat
is recorded without complying with these requirements, such recording
shall be null and void, and the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
G.
Final approval and filing.
(1)
Upon receiving final approval pursuant to this article and being
properly signed by the duly designated officer of the Planning Board
or upon receiving a certificate from the Town Clerk as to the Planning
Board's failure to act within the prescribed time period, a subdivision
plat may be filed or recorded in the office of the Clerk of Warren
County.
(2)
Any subdivision plat not so filed or recorded within 62 days of the date of such final approval shall become null and void. In addition to such filing or recording, in the case of a Class B regional subdivision within the Adirondack Park, a copy of the permit issued under Article XII shall be recorded by the subdivider, within 60 days, in the Adirondack Park Agency Regional Project Permit Book in the office of the Clerk of Warren County.
