A.
The Zoning Law of the Town of Queensbury[1] provides that no building permit shall be issued for any
lot or parcel of land that does not front on a public roadway. The
Town Board shall not accept any roadway shown on an approved subdivision
plat except when the same is built per the specifications as determined
by the Highway Superintendent. The Town Board may also decline to
accept dedication of any street or road for any reason. However, where
the subdivider has constructed a roadway, including the binder, per
the specifications hereof, except for application of surfacing materials,
the Town Board may accept the offer of dedication if the subdivider
files with the Town Accounting Office a cashier's check covering the
cost of satisfactorily completing construction of the subject road
along with an escrow agreement in a form acceptable to the Town. Such
cashier's check shall be deposited by the Town Fiscal Officer in an
interest-bearing account. Notwithstanding the above, in extraordinary
circumstances, upon the recommendation of the Town Accounting Office
and Town Board approval, a letter of credit may be used.
B.
The Town Board shall, in considering an offer of dedication of a
street, roadway or infrastructure, have the right to reject the same
if all other municipal improvements concerning the lots fronting on
said roadway are not also complete, for reasons of public safety,
municipal finance or for any other reason that it deems appropriate.
C.
In making an offer of dedication of a roadway, the subdivider shall
submit the following documents to Town Counsel not less than seven
days prior to the meeting of the Town Board at which such offer is
to be considered:
(1)
A policy of title insurance acceptable to Town Counsel insuring
the fee interest of such roadway to the Town of Queensbury in an amount
determined by the Highway Superintendent.
(2)
A copy of a survey of the proposed roadway certified to the
Town of Queensbury by the professional preparing the same.
(3)
Continued tax search of the subject premises.
(4)
Written review of the Highway Superintendent.
(5)
Written review of the Water Superintendent.
(6)
Written review of the Director of Wastewater, if applicable.
(7)
Written review of the Zoning Administrator.
(8)
If the grantee is a corporation, a franchise tax search or report,
certificate of good standing and corporate resolution authorizing
the road dedication.
(9)
Completed environmental assessment form, if necessary.
(10)
Completed real property forms, combined real estate transfer
tax return and credit line mortgage certificate (TP-584) and real
property transfer report (RP-5217).
(11)
Releases, if necessary, from mortgages, encumbrances, etc.,
and/or other documentation deemed necessary by Town Counsel, to protect
the Town's title to the property.
(12)
Original, fully executed deed. If the Town Board accepts the
offer of dedication, the subdivider shall record the deed and any
other related documents with the Warren County Clerk and pay all associated
recording and title insurance fees.
(13)
If surfacing material has not been applied, then a cashier's
check, in an amount recommended by the Town Highway Superintendent,
to cover the cost of satisfactorily completing construction of such
roadway, a signed escrow agreement and an affidavit signed by the
subdivider agreeing to complete surfacing of the roadway by a particular
date within two years of acceptance of the dedication or after the
base course has been installed and at least 2/3 of the lots in the
subdivision or phase are built upon, whichever is earlier. Said subdivider
shall bear the expense of any paving cost overruns if the cashier's
check on deposit with the Town, with accrued interest, is insufficient.
If any amount of money remains after surfacing is satisfactorily completed,
the Town shall refund such money, plus accrued interest, to the subdivider.
(14)
Such other documents as may be requested by the Town Highway
Superintendent.
D.
No offer of dedication of a roadway shall be considered by the Town
Board until the entire area to be dedicated to the Town is clear of
any and all construction material, fill, equipment and other obstructions.
No items whatsoever may be placed within the area dedicated to the
Town following acceptance of such dedication.
E.
Submissions; site inspection.
(1)
In making an offer of dedication of sanitary sewer infrastructure,
the subdivider shall submit the following documents to the Town Deputy
Director of Wastewater not less than 21 days prior to the meeting
of the Town Board at which such dedication is to be considered:
(a)
A copy of the engineer-certified sewer main air test.
(b)
A copy of all videotapes and field logs of the CCTV internal
pipe inspections.
(c)
Set of "as-built" plans with pipe profiles, lateral ties, manhole
inverts, manhole pipe "in" and "out" inverts, easements, etc., certified
by a New York State licensed engineer.
(d)
Set of pump station equipment manuals.
(e)
Signed easements and/or deeds for all sanitary sewer infrastructure
along with proof of title acceptable to Town Counsel. (These must
also be submitted to Town Counsel at such time.)
(f)
Such other documents as may be requested by the Town Supervisor
of Wastewater.
(2)
Once this information is received, the Wastewater Department
will schedule a site inspection. All "punch list" items must be addressed
at least 10 days prior to the Town Board meeting at which the dedication
will be considered.
A.
Purposes. The purpose of this section is to provide an equitable
and effective development standard for securing adequate land for
parks, playgrounds and open space recreation uses in subdivisions
throughout the Town of Queensbury.
B.
If any part of this section is found to be inconsistent with New
York Town Law § 277(1), L.1992, Ch. 727, § 2,
the Town of Queensbury hereby declares its intention to supersede
New York Town Law § 277(1) under its home rule powers.
C.
Land dedication. The subdivider proposing land dedications shall
file with the Town Board a plat detailing the sites for the development
of a park, playground or other recreational facility. Recreation space
shall be provided by the subdivider on the basis of at least 1,000
square feet per lot, but in no case shall the amount be more than
10% of the total area of the subdivision. Such area or areas may be
dedicated to the Town by the developer if the Town Board approves
such dedication. All lands designated on the plat as park, playground
or other recreation area not in Town ownership shall be subject to
such conditions as the Planning Board may establish, such as hours
of operation, access to the general public and use and maintenance
of such lands as deemed necessary to assure the preservation of such
lands for their intended purposes. Such conditions shall be shown
on the plat prior to plat approval and recording. The Planning Board
shall consider the following in determining the suitability of the
reserved land for recreational purposes:
D.
Fee in lieu of land.
(1)
When requested by the subdivider or in cases where the Board finds that, due to the size, shape, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, the Town Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition of approval of the plat a payment of recreation fees in lieu of land pursuant to § 124-7 of Chapter 124 of the Code of the Town of Queensbury, Parks and Recreation Areas, in such an amount to be set by the Town Board and for such purposes as set forth in § 124-10 of Chapter 124.
(2)
In any case, the Planning Board shall be satisfied that required
recreation land will be maintained and will not be used for other
than recreation purposes.
E.
Nothing in this section will be construed as prohibiting a developer
from reserving other land for recreation purposes in addition to the
requirements of this section.
F.
The Planning Board shall not at any time authorize the waiver of
both the land dedication and fee-in-lieu-thereof requirements.
