[HISTORY: Adopted by the Town Board of the
Town of Lake George 9-11-1978. Amendments noted where applicable.]
By the authority of the resolution of the Town Board of the
Town of Lake George, adopted on September 11, 1978, pursuant to the
provisions of Article 16 of the Town Law of the State of New York,
the Planning Board of the Town of Lake George is authorized and empowered
to approve plats showing lots, blocks or sites, with or without streets
or highways, to approve the development of entirely or partially undeveloped
plats already filed in the office of the County Clerk and to conditionally
approve preliminary plats, within that part of the Town of Lake George
outside the limits of any incorporated city or village.
A.
It is declared to be the policy of the Planning Board to consider
land subdivision plats as part of a plan for the orderly, efficient
and economic development of the Town. This means, among other things,
that land to be subdivided shall be of such character that it can
be used safely for building purposes without danger to health or peril
from fire, flood or other menace, that proper provision shall be made
for drainage, water supply, sewerage, environmental considerations
and other needed improvements; that all proposed lots shall be so
laid out and of such size as to be in harmony with the development
pattern of the neighboring properties; that the proposed streets shall
compose a convenient system conforming to the Official Map, if such
exists, and shall be properly related to the proposals shown on the
Master Plan, if such exists, and shall be of such width, grade and
location as to accommodate the prospective traffic, to facilitate
fire protection and to provide access of firefighting equipment to
buildings, and that proper provisions shall be made for open spaces
for parks and playgrounds.
B.
It is further declared to be the policy of these regulations to ensure
the optimum overall conservation, protection, development of the unique
scenic, aesthetic, wildlife, recreational, open space, historic, ecological
and natural resources of the Town.
C.
In order that land subdivisions may be made in accordance with the
policy, these regulations, which shall be known as and which may be
cited as the "Town of Lake George Land Subdivision Regulations," have
been adopted by the Planning Board on August 1, 1978, and approved
by the Town Board on September 11, 1978.
For the purpose of these regulations, certain words and terms
used herein are defined as follows:
That person who shall be designated to perform the duties
of the Clerk of the Planning Board for all purposes of these regulations.
A street or portion thereof which collects and distributes
traffic to local streets and provides access to main arterials. Traffic
in both weight and volume is considerably greater than local street
traffic.
A street or a portion of a street with only one vehicular
traffic outlet.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State
of New York.
Residential (type) streets used primarily by passenger cars
and light trucks which serve dwellings along the streets. Only occasional
heavy truck traffic. Provides for through traffic.
Please refer to § 150-32 for definition of lot line adjustment.
Major thoroughfares that connect residential areas with the
principal business sections. They carry traffic generated by local
and collector streets and frequently serve through traffic to and
from outlying rural areas.
Any subdivision not classified as a minor subdivision, including
but not limited to a subdivision requiring any new street or extension
of municipal facilities.
A Comprehensive Plan, prepared by the Planning Board, pursuant
to § 272-a of the Town Law, which indicates the general
locations recommended for various functional classes of public works,
places and structures and for general physical development of the
Town and includes any unit or part of such plan separately prepared
and any amendment to such plan or parts therein.
Streets used primarily by its residents, with very limited
or no through traffic.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property and
not in conflict with any provision or portion of the Master Plan,
Official Map or Zoning Ordinance, if such exists;[5] or these regulations.
Any vehicle or similar portable structure or any part thereof
or addition thereto, with or without a foundation or wheels, jacks,
skirting, wood or masonry block supports, designed or constructed
to be towed on its own chassis (comprised of frame and wheels), driven
or otherwise transported to its resting site and which is designed
to permit occupancy for residential, business, commercial or office
purposes. Such will include units that may contain parts that may
be folded, collapsed or telescoped when being towed and expanded later,
as well as two or more separate components designed to be joined into
one integral unit, but excluding modular homes.
Any building comprised of two or more components, with or
without their own chassis, capable of being transported to their building
site and permanently joined into one integral unit which is indistinguishable
in appearance from a conventionally built home, including but not
limited to a sloped roof and permanent foundation.
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways and parks and drainage,
both existing and proposed.
The Planning Board of the Town.
A drawing or drawings clearly marked "preliminary plat," showing the salient features of a proposed subdivision, as specified in § 150-28 of these regulations, submitted to the Planning Board for purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
Any Class A Regional Subdivision or Class B Regional Subdivision.
A sketch of a proposed subdivision showing the information specified in § 150-26 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
Includes streets, roads, avenues, lanes or other traffic
ways between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of right-of-way, measured at right angles to the
centerline of the street.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either for himself or others.
A division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy by any person or by
any other person or any group of persons acting in concert as part
of a common scheme or plan; provided, however, that this shall not
apply to conveyances of small amounts of land to correct a boundary
of a lot so long as such conveyance does not create additional lots.
Includes any map, plot or other plans, whether or not previously
filed. It also includes any grading, road construction, installation
of utilities or other improvements or any other land use or development
preparatory or incidental to such activity. It does not include the
lease of land for hunting or fishing and other open space recreational
uses.
A drawing, in final form, showing a proposed subdivision,
containing all information or detail required by law and by these
regulations to be presented to the Planning Board for approval and
which, if approved, may be duly filed or recorded by the applicant
in the office of the County Clerk or Register.
A person licensed as a land surveyor by the State of New
York.
The duly designated engineer of the Town.
Also known as the Planning and Zoning Director, the Zoning
Officer is in charge of the Planning and Zoning Office and is responsible
for administration of the Zoning Ordinance, as well as making determinations,
completing plan review, and assisting the Planning Board and Zoning
Board of Appeals.
[1]
Editor's Note: See Executive Law § 810.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: See Executive Law § 810.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Any sponsor of a project may ask the Planning Board for a confidential
preliminary consultation and for preliminary approval or recommendations
with respect to the project. The sponsor shall submit to the Planning
Board at its place of business a description of the project, a description
of the site and, if possible, data concerning dimensions of any proposed
structures or improvements.
B.
During the course of such preliminary consultation, the Planning
Board shall inform the sponsor of any recommendations it may have
with respect to the project.
C.
If the Planning Board gives preliminary approval to the projects,
it shall notify the sponsor in writing. Such approval shall not relieve
the sponsor from submitting the project for project review.
D.
If during the course of preliminary consultation the sponsor has
submitted to the Planning Board all the information required, the
Planning Board shall so advise the sponsor and, at the sponsor's
request, shall proceed immediately to project review.
Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of, or any offer to sell, any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply
in writing for approval, in accordance with the following procedures.
A.
Submission of sketch plan. Prior to subdividing or resubdividing land, any owner of land shall submit to the Clerk of the Planning Board 12 copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 150-26 for the purposes of classification and preliminary discussion. Such sketch plan shall be submitted no later than the 15th day of the month preceding the month of a regular meeting of the Planning Board at which the applicant wants the sketch plan to be first considered by the Board. If the 15th of the month falls on a Saturday, then the submittal date is the Friday before. If the 15th of the month falls on a Sunday, then the submittal date is the Monday after.
B.
Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information. Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, Class A Regional Subdivision or Class B regional subdivision, as defined in these regulations. The Board may require when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 150-7 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 150-8, 150-9 and 150-10. If the Planning Board finds the proposed project to be a regional subdivision, the Board and the subdivider shall comply with the additional procedures outlined in § 150-25.
C.
Study of sketch plan. The Planning Board shall determine whether
the sketch plan meets the purposes of these regulations and shall,
where it deems necessary, make specific recommendations in writing
to be incorporated by the applicant in the next submission to the
Planning Board.
A.
Application; fee.
(1)
Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 150-27.
(2)
All applications for plat approval for minor subdivisions (up to
four lots) shall be accompanied by a fee as set forth from time to
time by resolution of the Town Board and on file in the office of
the Town Clerk.
B.
Number of copies. Twelve copies of the subdivision plat shall be
presented to the Clerk of the Planning Board no later than the 15th
day of the month preceding the month of a regular meeting of the Planning
Board at which the applicant wants the sketch plan to be first considered
by the Board. If the 15th of the month falls on a Saturday, then the
submittal date is the Friday before. If the 15th of the month falls
on a Sunday, then the submittal date is the Monday after.
C.
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
D.
When officially submitted. The time of submission of the subdivision plat shall be the date on which the Clerk of the Planning Board receives a completed application for plat approval, including the data in § 150-27 of these regulations and the required fee.
E.
Public hearing. Within 62 days of receipt of a completed subdivision
plat for approval, the Planning Board may hold a public hearing. In
determining whether or not in its discretion to hold a public hearing,
the Planning Board shall consider the size and complexity of the activity,
the level of public interest and the possibility of a disapproval.
In no case shall a plat be disapproved without a public hearing first
having been held. Any public hearing shall be advertised in a newspaper
of general circulation in the Town within five days before such hearing.
F.
Action on subdivision plat. If a public hearing is held, the Planning
Board shall, within 62 days from the date of such hearing, approve,
modify and approve or disapprove the subdivision plat. If no hearing
is held, the Planning Board shall approve or modify and approve the
subdivision plat within 62 days of the date of submission.
A.
Application; fee.
(1)
Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 150-28 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and § 150-28 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2)
The application for conditional approval of the preliminary plat
shall be accompanied by a set fee, plus a per-lot fee (as per the
map to be recorded in the office of the Warren County Clerk), which
fees shall be as set forth from time to time by resolution of the
Town Board and on file in the office of the Town Clerk.
B.
Number of copies. Twelve copies of the preliminary plat shall be
presented to the Clerk of the Planning Board no later than the 15th
day of the month preceding the month of a regular meeting of the Planning
Board at which the applicant wants the sketch plan to be first considered
by the Board. If the 15th of the month falls on a Saturday, then the
submittal date is the Friday before. If the 15th of the month falls
on a Sunday, then the submittal date is the Monday after.
C.
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.
D.
Study of preliminary plat. The Planning Board shall study the practicability
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 relation to the topography of the land, water supply,
sewage disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided, and the requirements of the
Master Plan, the Official Map and zoning regulations,[1] if such exist.
E.
When officially submitted. The time of submission of the subdivision plat shall be the date on which the Planning Board accepts the completed application for plat approval including the data in § 150-28 of these regulations and the required fee.
F.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days after the time of the submission of the preliminary
plat for approval. The hearing shall be advertised in a newspaper
of general circulation in the Town at least five days prior to such
hearing, and the cost of sending or publishing any public notices
related to the project shall be borne by the applicant.
G.
Approval of the preliminary plat.
(1)
Within 62 days after the time of the hearing on a preliminary plat,
the Planning Board shall take action to approve, with or without modification,
or disapprove such preliminary plat, unless that time is extended
by mutual consent of the owner and Planning Board. The grounds of
any modification required or the grounds for disapproval shall be
stated upon the records of the Planning Board. Failure of the Planning
Board to act within such sixty-two-day period, unless extended as
provided for above, shall constitute an approval of a preliminary
plat.
(2)
When granting approval to a preliminary plat, the Planning Board
shall state, if applicable, the specific changes which it will require
in the preliminary plat, the character and extent of the required
improvements 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, the amount of improvement or the amount
of all bonds therefor which it will require as prerequisite to the
approval of the subdivision plat.
(3)
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 retained by the Planning Board
and one forwarded to the Town Board.
(4)
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 Planning Board and for recording upon fulfillment of the requirements
of these regulations and the conditions of the approval, if any.
(5)
Prior to approval of the subdivision 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.
A.
Application for approval; fee.
(1)
The subdivider shall, within six months after the approval of the
preliminary plat, file with the Planning Board an application for
approval of the subdivision plat in final form, using the approved
application blank available from the Clerk of the Planning Board.
(2)
All applications for plat approval for major subdivisions (five lots
and up) shall be accompanied by a set application fee plus a per-lot
fee, which fees shall be as set forth from time to time by resolution
of the Town Board and on file in the office of the Town Clerk.
(3)
If the final plat is not submitted within six months after the conditional
approval of the preliminary plat, the Planning Board may refuse to
approve the final plat and require resubmission of the preliminary
plat. If the plan is rejected, the fee will be returned.
B.
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Clerk
of the Board with the application and 12 copies thereof and one Mylar
of the plat, the original and 12 copies of all offers of cession,
covenants and agreements and 12 prints of all construction drawings
no later than the 15th day of the month preceding the month of a regular
meeting of the Planning Board at which the applicant wants the sketch
plan to be first considered by the Board. If the 15th of the month
falls on a Saturday, then the submittal date is the Friday before.
If the 15th of the month falls on a Sunday, then the submittal date
is the Monday after.
C.
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date upon which the application has been accepted as complete by the Planning Board. The application shall accompany all data required by § 150-29 of these regulations.
D.
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the Lake George Consolidated Health District or the
New York State Department of Health or New York State Department of
Environmental Conservation, whomever has jurisdiction. Applications
for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary Town, county and state agencies.
Endorsement and approval by the New York State Department of Health
shall be secured by the subdivider before official submission of the
subdivision plat.
E.
Public hearing. A public hearing shall be held by the Planning Board
within 62 days after the time of submission of the subdivision plat
for approval. This hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing. However,
when the Planning Board deems the final plat to be in substantial
agreement with the approved preliminary plat, the Planning Board may
waive the requirements for such public hearing, and the cost of sending
or publishing any public notices related to the project shall be borne
by the applicant.
F.
Action on proposed subdivision plat. The Planning Board shall, within 62 days from the date of the public hearing on the subdivision plat or, if said hearing is waived, within 62 days of the submission of the final plat, conditionally approve, disapprove or grant final approval with or without modification. However, the subdivision plat shall not be signed by the authorized officers of the Planning Board for recording until the subdivider has complied with the provisions of § 150-10.
A.
Improvements and performance bond.
(1)
After the Planning board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below for any subdivision that proposes publicly owned facilities or roads:
(a)
In an amount set by the Planning Board, the subdivider shall
either file with the Town Clerk a certified check to cover the full
cost of the required improvements, or the subdivider shall file with
the Town Clerk a performance bond to cover full cost of the required
improvements. Any such bond shall comply with the requirements of
§ 277 of the Town Law and shall be satisfactory to the Town
Board and Town Engineer as to form, sufficiency, manner of execution
and surety. A period of one year (or such other period as the Planning
Board may determine appropriate, not to exceed three years) shall
be set forth in the bond within which required improvements must be
completed.
(b)
The subdivider shall complete all required improvements to the
satisfaction of the Town Engineer, who shall file with the Planning
Board a letter signifying satisfactory completion of all improvements
required by the Board. For any required improvements not so completed,
the subdivider shall file with the Town Clerk a bond or certified
check covering the costs of such improvements and the cost of satisfactorily
installing any improvement not approved by the Town Engineer. Any
such bond shall be satisfactory to the Town Board and the Town Engineer
as to form, sufficiency, manner of execution and surety.
(2)
The required public improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(1)(b), then said map shall be submitted following endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1)(a), such bond shall not be released until such a map is submitted.
B.
Modification of design improvements. If at any time before or during
the construction of the required improvements it is demonstrated to
the satisfaction of the Town Engineer that unforeseen conditions make
it necessary or preferable to modify the location or design of such
required improvements, the Town Engineer or Zoning Officer may, upon
approval by a previously delegated member of the Planning Board, authorize
modifications, provided that these modifications are within the spirit
and intent of the Planning Board's approval and do not extend
to the waiver or substantial alteration of the function of any improvements
required by the Board. The Town Engineer or Zoning Officer shall issue
any authorization under this section in writing and shall transmit
a copy of such authorization to the Planning Board at its next regular
meeting.
C.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall notify
the Zoning Officer in writing of the time when he proposes to commence
construction of such improvements so that the Zoning Officer may cause
inspection to be made to assure that all Town specifications and requirements
shall be met during the construction of required improvements and
to assure the satisfactory completion of improvements and utilities
required by the Planning Board.
D.
Proper installation of improvements. If the Town Engineer or Zoning
Officer shall find, upon inspection of the public improvements performed
before the expiration date of the performance bond, that any of the
required public improvements have not been constructed in accordance
with plans and specifications filed by the subdivider, the Town Engineer
or Zoning Officer shall notify the Town Board and the Planning Board.
The Town Board then shall notify the subdivider, and, if necessary,
the bonding company, and take all necessary steps to preserve the
Town's rights under the bond. No new plat shall be approved by
the Planning Board as long as the subdivider is in default on a previously
approved plat.
A.
Final approval and filing.
(1)
Not more than 62 days after the completion of the public hearing,
the Planning Board shall by resolution conditionally approve, disapprove
or grant final approval and authorize the signing of the subdivision
plat. This time period may be extended by written agreement of the
subdivider and the Planning Board. Failure of the Planning Board to
act within such time shall constitute final approval of the plat.
The grounds for a disapproval or conditional approval shall be explicitly
set forth in the Board's resolution.
(3)
Upon granting conditional approval of the plat, the Planning Board
shall empower the Chairman or Acting Chairman 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 certified
by the Clerk of the Planning Board as conditionally approved, a copy
shall be filed in his/her office and a copy mailed to the subdivider.
The copy mailed to the subdivider shall include a statement of requirements
which, when completed, will authorize the signing of the conditionally
approved plat. Upon completion of such requirements, the plat shall
be deemed to have received final approval, and the Chairman or Acting
Chairman shall sign the plat accordingly. 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 conditionally approved plat may be submitted for signature,
if in its opinion such extension is warranted under the circumstances,
for one of two additional periods of 90 days each.
B.
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plan after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless the said plat is first resubmitted to the Planning Board
and such Board approves any modifications. In the event that any such
subdivision plat is recorded without complying with this requirement,
the same shall be considered null and void, and the Board shall institute
proceedings to have the plat stricken from the record of the County
Clerk.
The approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or be evidence of any acceptance by the
Town of any street, easement or other open space shown on such subdivision
plat.
When a park, playground or other recreation area shall have
been shown on a plat, the approval of said plat shall not constitute
an acceptance by the Town of such area. The Planning Board shall require
the plat to be endorsed with appropriate notes to this effect. The
Planning Board may also require the filing of a written agreement
between the applicant and the Town Board covering future deed and
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any such recreation area.
Whereas pursuant to a resolution of the Town Board, the Planning Board has been empowered to modify the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter 175, Zoning, of the Code of the Town of Lake George, in accordance with the provisions of § 281 of the Town Law, in order to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the standards and procedures:
A.
Standards.
(1)
The Planning Board may make such modifications only with respect
to lands within the Land Conservation (LC), Residential Rural (RR),
Residential Medium Density (RM-2) and Residential Commercial Medium
Density (RCM-S2) zoning districts.
(2)
The minimum acreage to which this section may be applicable shall
be two times the minimum lot area for the zoning district involved.
(3)
No such modification by the Planning Board shall result in a greater overall density of lots or dwelling units than is permitted in the zoning district wherein such lands lie, as specified in Chapter 175, Zoning, of the Code of the Town of Lake George and as shown on the official Zoning Map.
(4)
No subdivision shall be approved by the Planning Board pursuant to
this section which shall not reasonably safeguard for appropriate
use of adjoining land.
(5)
In the event that the utilization of this section results in a plat
showing lands available for park, recreation or other municipal purposes
directly related to the plat, or in a plat showing lands to be retained
in open space in order to comply with the average density of lots
or dwelling units that is permitted in the zoning district wherein
such lands lie, the Planning Board, as a condition of plat approval,
may establish in the case of lands for parks, recreation or other
municipal purpose, such conditions on the ownership, use and maintenance
of such lands as it deems necessary to assure that preservation of
such lands for their intended purposes and may further, in the case
of lands to be retained in open space, require that such lands be
restricted by deed restriction, restrictive covenant, conveyance of
a scenic easement or other conservation restriction to the Town, or
other appropriate means against any development or land use inconsistent
with their retention in open space.
B.
Procedures.
(1)
Request by subdivider. A subdivider may request the use of this section simultaneously with the submission of the sketch plan, as described in § 150-6. Any submission subsequent thereto shall require a resubmission of the sketch plan.
(2)
Alternate sketch plan. A subdivider shall present for the Planning Board's consideration, along with a proposal utilizing the provisions of this section, an alternate sketch plan, with lots meeting the minimum lot area, minimum lot width and minimum shoreline lot width requirements of Chapter 175, Zoning, of the Code of the Town of Lake George, and shall meet all other standards for a buildable lot, including septic, water, roads, stream and slope considerations.
(3)
Plat submission. Upon determination by the Planning Board that the
sketch plan utilizing the provisions of this section is suitable,
the procedures attendant to and subsequent to the sketch plan submission,
as set forth in this chapter, shall be followed in regular order.
(4)
Local filing; notation on Zoning Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by § 150-11 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.
A.
Guidance by standards. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in § 150-30 herein.
B.
General provisions.
(1)
Character of land. Land to be subdivided shall be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace.
(2)
Conformity to Official Map and Master Plan. Subdivisions shall conform
to the Official Map of the Town and shall be in harmony with the Master
Plan, if such exists.
(3)
Specifications for required improvements. All required improvements
shall be constructed or installed to conform to the Town specifications,
which may be obtained from the Town Engineer.
(4)
Width, location and construction. Streets shall be of sufficient
width, suitably located and adequately constructed to conform to the
Master Plan and to accommodate the prospective traffic and afford
access for firefighting, snow removal and other road maintenance equipment.
The arrangement of streets shall be such as to cause no undue hardships
to adjoining properties and shall be coordinated so as to compose
a convenient system.
A.
Arrangement. The arrangement of streets hereinafter laid out shall
provide for the continuation of principal streets of adjoining subdivisions,
and for proper projection of principal streets into adjoining properties
which are not yet subdivided and at a width as great as that of such
existing streets but in no case less than 50 feet, in order to make
possible necessary fire protection, movement of traffic and the construction
or extension, presently or when later required, of needed utilities
and public services such as sewers, water and drainage facilities.
Where, in the opinion of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the
above conditions may be modified.
B.
Minor streets. Minor streets shall be so laid out that their use
by through traffic will be discouraged.
C.
Special treatment along major arterial streets. When a subdivision
abuts or contains an existing or proposed major arterial street, the
Board may require marginal access streets, reverse frontage with screen
planting contained in a no-access reservation along the real property
line, deep lots with rear service alleys or such other treatment as
may be necessary for adequate protection of residential properties
and to afford separation of through and local traffic.
D.
Provision for future resubdivision. Where a tract is subdivided into
lots substantially larger than the minimum size required in the zoning
district in which a subdivision is located, the Board may require
that streets and lots be laid out so as to permit future resubdivision
in accordance with the requirements contained in these regulations.
E.
Dead-end streets. The creation of dead-end or loop residential streets
will be discouraged wherever the Board finds that such type of development
will interfere with normal traffic circulation in the area. In the
case of dead-end streets, where needed, the Board may require the
reservation of a twenty-foot-wide easement to provide for continuation
of pedestrian traffic and utilities to the next street, if available.
Subdivisions containing 20 lots or more shall have at least two street
connections with existing public streets or streets shown on the Official
Map, if such exists, or streets on an approved subdivision plat for
which a bond has been filed.
F.
Block size.
(1)
Blocks generally shall not be less than 400 feet nor more than 1,200
feet in length. In general, no block width shall be less than twice
the normal lot depth. In blocks exceeding 800 feet in length, the
Planning Board may require the reservation of a twenty-foot-wide easement
through the block to provide for the crossing of underground utilities
and pedestrian traffic where needed or desirable and may further specify,
at its discretion, that a four-foot-wide paved path be included.
(2)
Where, in the opinion of the Planning Board, topographic conditions
or efficient land use makes it a real hardship to keep within such
limits, it may be modified.
G.
Intersections.
(1)
Intersections with collector or major arterial roads. Local or minor
streets opening into such roads shall, in general, be at least 500
feet apart.
(2)
Angle of intersection. In general, all streets shall join each other
so that for a distance of at least 100 feet, the street is approximately
at right angles to the street it joins.
H.
Street jogs. Street jogs with center-line offsets of less than 125
feet shall be avoided.
I.
Relation to topography. The street plan of a proposed subdivision
shall bear a logical relationship to the topography of the property,
and all streets shall be arranged so as to obtain as many of the building
sites as possible at or above the grade of the streets. Grades of
streets shall conform as closely as possible to the original topography.
J.
Other required streets. Where a subdivision borders on or contains
a railroad right-of-way or limited access highway right-of-way, the
Planning Board may require a street approximately parallel to on each
side of such right-of-way, at a distance suitable for the appropriate
use of the intervening land (as for park purposes in residential districts,
or for commercial or industrial purposes in appropriate districts).
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
A.
Classification of streets. Streets shall be classified as "minor," "local," "collector" or "major," as those terms are defined in § 150-3 of this chapter.
B.
Widths of rights-of-way.
(1)
Streets shall have the following widths:
|
Type of Street
|
Minimum Right of Way
(feet)
|
Minimum Pavement
(feet)
|
|---|---|---|
|
Minor
|
50
|
20
|
|
Local
|
50
|
20
|
|
Collector
|
50
|
20
|
|
Major
|
To be determined on an individual basis
| |
(2)
When not indicated on the Master Plan or Official Map, if such exists,
the classification of streets shall be determined by the Board.
C.
Reserve strips. There shall be no reserve strips controlling access
to streets except where control of such strips is definitely placed
in the Town under an offer to dedicate.
D.
Improvements. Streets shall be graded and improved with pavements,
curbs and gutters, sidewalks, storm drainage facilities, water mains,
sewers, streetlights and signs, street trees and fire hydrants, except
where waivers may be requested, and the Planning Board may waive,
subject to appropriate conditions, such improvements as it considers
may be omitted without jeopardy to the public health, safety and general
welfare. Pedestrian easements shall be improved as required by the
Town Engineer. Such grading and improvements shall be approved as
to design and specification by the Town Engineer.
E.
Utilities.
(1)
Utilities in the street. The Planning Board shall, wherever possible,
require that underground utilities be placed in the street right-of-way
between the paved roadway and street line to simplify location and
repair of lines when they require attention. The subdivider shall
install underground service connection to the property line of each
lot within the subdivision for such required utilities before the
street is paved.
(2)
Installation.
(a)
All underground utilities shall be installed in such street
prior to acceptance by the Town. Such underground utilities shall
include storm sewer, water and gas mains, telephone, electric power,
cable television (at the option of the Planning Board) and sanitary
sewer, and they shall be installed without expense to the Town and
under supervision of the Town Superintendent of Highways or improvements
district having jurisdiction.
(b)
In streets and highways beyond reasonably workable distance
from existing Sanitary Sewer District limits, dry sanitary sewers
shall be installed without expense to the Town, at elevations and
slopes established by the Town's designated engineer, and installation
shall be made under supervision of said Town-designated engineer.
(3)
Fire hydrants (where municipal water is available). Installation
of fire hydrants shall be in conformity with all requirements of standard
thread and nut as specified by the New York Fire Insurance Rating
Organization and the Division of Fire Safety of the State of New York.
(4)
Streetlighting (where electric services are available). Lighting
facilities shall be in conformance with the lighting system of the
Town. Such lighting standards and fixtures shall be installed after
approval by the appropriate power company and the authorized Town
Electrical Inspector.
F.
Grades.
(1)
Grades of all streets shall conform in general to the terrain and
shall not be less than 1/2% nor more than 6% of major or collector
streets, or 10% for minor or local streets in residential zones, but
in no case more than 3% within 50 feet of any intersection.
(2)
All changes in grade shall be connected by vertical curves of such
length and radius as meet with the approval of Town Engineer or Superintendent
of Public Works so that clear visibility shall be provided for a safe
distance.
G.
Curve radii at street intersections. All street right-of-way lines
at intersections shall be rounded by curves of at least 20 feet radius,
and curbs shall be adjusted accordingly.
H.
Steep grades and curves; visibility of intersections. A combination
of steep grades and curves shall be avoided. In order to provide visibility
for traffic safety, that portion of any corner lot (whether at an
intersection entirely within the subdivision or of a new street with
an existing street) which is shown shaded on Sketch A shall be cleared
of all growth (except isolated trees) and obstructions above the level
three feet higher than the center line of the street. If directed,
ground shall be excavated to achieve visibility.
 |
I.
Dead-end streets (culs-de-sac). Where dead-end streets are designed
to be so permanently, they should, in general, not exceed 500 feet
in length and shall terminate in a circular turnaround and a minimum
right-of-way radius of 60 feet shall be provided, unless the Planning
Board approves an alternate arrangement.
J.
Watercourses and drainage.
(1)
Where a watercourse separates a proposed street from abutting property,
provision shall be made for access to all lots by means of culverts
or other structures of design approved by the Town Engineer.
(2)
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way as required by the Town Engineer or Zoning Officer, and
no less than 20 feet in width.
K.
Commercial developments.
(1)
Service streets or loading space. Paved rear service streets of not
less than 20 feet in width, or in lieu thereof, adequate off-street
loading space, suitably surfaced, shall be provided in connection
with lots designed for commercial use. These requirements shall be
in addition to street requirements of any such development.
(2)
Free flow of vehicular traffic abutting commercial developments.
In front of areas zoned and designed for commercial use, or where
a change of zoning to a zone which permits commercial use is contemplated,
the street width shall be increased by such amount on each side as
may be deemed necessary by the Planning Board with consultation of
Superintendent of Department of Public Works or Town Board to assure
the free flow of through traffic without interference by parked or
parking vehicles and to provide adequate and safe parking space for
such commercial or business district.
L.
Placement of monuments. Sufficient monuments shall be placed to properly
reproduce each and every street laid out. Street markers must be placed
at all corners and at intervals not exceeding 500 feet to tangent
lengths over 1,000 feet long. Monuments shall be either granite with
a cross cut in the top, or concrete with a bronze plate or galvanized
pipe set in the same. Monuments shall be four inches by four inches
at the top and bottom, and four feet long (minimum size).
M.
Street signs. Street signs (safety and names) and posts shall be
furnished and properly placed by the developer. Street signs shall
conform in type to the Town standard. Guide rails where required for
highway ditch or culvert protection or as a general safety measure
shall be placed as specified by the Town Highway Superintendent.
Prior to being offered for dedication to the Town, all streets
shall be completely graded, all underground utilities shall have been
installed in accordance with all provisions of this chapter, base
course of gravel shall have been placed, graded and completed and
taped, curbing and sidewalks as required shall have been installed
in conformance with the applicable standards as shown on the attached
schedule "Highway Cross Section and Specifications," Appendix D herein,[1] and revegetation procedures shall have been utilized as
required by this section.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
All applications for approval shall be made in writing to the Town
Board and Town Superintendent of Highways and the Town Planning Board,
and shall specify name, starting point, direction distance and ending
point.
(1)
No road may be dedicated to the Town without first being approved by the Planning Board. The Planning Board in its review shall determine if the Board's location is compatible with the system of Town roads. Number of copies; An applicant intending to submit a street dedication application for the approval of the Planning Board shall provide the Clerk of the Board 12 copies of the information in § 150-19B accompanied by a cover letter stating the request and 12 copies of all offers of cession, covenants and agreements no later than the 15th day of the month preceding the month of a regular meeting of the Planning Board at which the applicant wants the sketch plan to be first considered by the Board. If the 15th of the month falls on a Saturday, then the submittal date is the Friday before. If the 15th of the month falls on a Sunday, then the submittal date is the Monday after.
(2)
Existing as well as new roads shall not be dedicated until they have
been improved to meet the standards herein set forth.
B.
The application will be accompanied by:
(1)
Three copies of the subdivision and street plan and profiles of each
street showing existing and proposed grades.
(2)
The warranty deed, if possible, or a quitclaim deed conveying said
street to the Town with all necessary releases from mortgages or other
claimants.
(3)
Title search, 30 years.
(4)
Tax search.
(5)
Maps (three copies) which shall:
(a)
Be of a scale of one inch equals 50 feet.
(b)
Show contours based on United States Geological Survey datum
at intervals of not greater than five feet unless otherwise specified
by the Planning Board.
(c)
Show a location plan with a scale of one inch equals 1,000 feet.
(d)
Show all drainage areas tributary to the development.
(e)
Show all proposed streets, roads and highways and lots with
necessary survey data.
(f)
Show proposed finished street, road or highway grades. A separate
supplementary map of that portion of streets, roads or highways to
be conveyed shall be submitted showing building lots and restrictions
and names of the abutting owners.
(g)
Show location of permanent monuments.
(h)
Show the proposed name of all streets or roads.
(i)
Show a profile of the streets or roads at a horizontal scale
of one inch equals 50 feet maximum, and a vertical scale of not less
than one inch equals five feet, which shall show the original surface,
finished grade and other pertinent information.
(j)
Show the proposed method of collection and disposal of surface
waters.
C.
No street, roadway or highway shall be accepted between October 1
and May 1 in any year unless, in the opinion of the Town Superintendent
of Highways, weather would permit proper construction after October
1 or before May 1.
D.
Approval in writing shall be obtained:
(1)
By the owners and/or developers from the New York State Department
of Transportation regarding drainage where proposed streets or highways
intersect state roads for its permission to connect said streets with
such roads.
(2)
By the owners and/or developers from the Warren County Superintendent
of Highways regarding drainage where proposed streets or highways
intersect county roads for his permission to connect said streets
with such roads.
(3)
By the owner and/or developer from the Department of Environmental
Conservation regarding the culverting, bridging or diversion of any
stream or watercourse.
(4)
By the owners and/or developers from the Town Superintendent of Highways
regarding drainage where proposed streets or highways intersect Town
roads for his permission to connect said streets with said roads.
E.
All cleared areas associated with the construction of roads offered
for dedication, excluding those areas comprising road surfaces or
shoulders, all exposed borrow areas and all cut and fill slopes, including
ditch banks, shall be successfully vegetated to grasses or legumes
that are suited to site conditions. Ditch bottoms shall be constructed
to minimize soil erosion during periods of design flow by means of
revegetation, sodding, mulching, netting, stone paving, riprap and
other materials or combinations of these, depending on hydraulics
and soil properties.
F.
All previous regulations or resolutions affecting the acceptance
of streets by the Town are hereby rescinded.
G.
If, in the opinion of the Town Superintendent of Highways and the
Town Planning Board, the proposed streets or highways and drainage
system constructed by the owners and/or developers are completed in
accordance with the plans signed by the above (the Town representatives),
the Town Superintendent of Highways and the Town Planning Board will
recommend to the Town Board that the streets be accepted within 30
days. The Town Board may refuse to accept a proposed street or highway
notwithstanding that it conforms to all the provisions of this chapter.
The Town Board may in its discretion accept a proposed street or highway
notwithstanding that it does not conform to all the provisions of
this chapter if, in its judgment, the public interest will best be
served by such acceptance, and subject to such conditions as the Town
Board may propose.
H.
Improvement.
(1)
Before any street or highway shall be accepted for dedication and
before any building permits are issued for structures abutting such
proposed street or highway, the same shall be suitably improved to
the satisfaction of the Town Superintendent of Highways and the Town
Board of the Town of Lake George in accordance with the standards
and specifications set forth and approved herein.
(2)
In the discretion of the Town Superintendent of Highways and the
Town Planning Board, a cash performance bond sufficient to cover the
full cost of such improvements as estimated by the Town Superintendent
of Highways and the Town Planning Board shall be furnished to the
comptroller and the Town by the person seeking to dedicate such highway.
(3)
Such cash performance bond shall be in a sufficient amount to assure
completion of the highway within a stated period of time and shall
empower the Town Superintendent of Highways to utilize the moneys
as posted to complete the highway as needed.
A.
Lots to be buildable. The lot arrangement shall be such that in constructing a building in compliance with Chapter 175, Zoning, of the Code of the Town of Lake George, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
B.
Corner lots. In general, corner lots should be larger than interior
lots to provide for proper building setback from each street and provide
a desirable building site.
C.
Driveway access. Driveway access and grades shall conform to specifications
of the Town Driveway Ordinance, if one exists. Driveway grades between
the street and the setback line shall not exceed 10%.
D.
Access from private streets. Access from private streets shall be
deemed acceptable only if such streets are designed and improved in
accordance with these regulations.
E.
Monuments and lot corner markers. Permanent monuments meeting specifications
approved by the Town Engineer as to size, type and installation shall
be set at such block corners, angle points, points of curves in streets
and other points as the Town Engineer may require, and their location
shall be shown on the subdivision plat.
F.
Lots for individually owned townhomes and condominiums. Lots that are created through subdivision of land intended for townhomes and/or condominium use, where each unit and/or building is separately owned, must proceed through the subdivision process and adhere to all provisions identified in Chapter 175, Zoning. One exception to this provision is for subdivisions creating lot lines surrounding individually owned townhome/condominium units, in which case the yard setback requirements in Schedule II[1] shall not apply to those individual unit lot lines. Setbacks
from the overall common parcel to the building envelopes must be adhered
to, as well as the underlying zoning district's density requirements.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Public sewer system.
(1)
Where a public sanitary sewer system is reasonably accessible, the
subdivider shall install sanitary sewers and adequately serve all
lots with connections to the public system.
(2)
Where a public sanitary sewer is not reasonably accessible, but where
the plans for the same have been prepared and arrangements made for
financing the work, then the subdivider shall install sewers in conformity
with such plans, although a connection with an existing public sewer
may not be immediately practicable. In such case, and until such connection
is made with the sewer system, the subdivider shall provide for disposal
of sanitary sewage by an alternate approved method.
B.
Location of on-site sewage disposal system. In the case of all lakes, ponds, rivers and streams or any swamp, marsh or wetland, the minimum setback of any on-site sewage drainage field or seepage pit shall be 100 feet from the mean high-water mark irrespective of zoning district or land use area classification. The Consolidated Board of Health or the Adirondack Park Agency in its review of a Class A regional project shall have authority to require a greater setback of any on-site sewage drainage field or seepage pit than the minimum hereinabove set forth, if the appropriate officer or body shall determine that soils or other pertinent conditions require such greater setback to reasonably protect the water quality of the water body involved. See Chapter 115, On-Site Wastewater Treatment Systems, of the Code of the Town of Lake George for on-site septic design requirements.
In areas where an approved public water supply is reasonably
accessible or procurable, the subdivider shall contract with the local
water distributing agency to make the water supply available for each
lot within the subdivided area. Water mains shall be provided by the
subdivider to specifications approved by the local agency and the
necessary trench shall be dug, the main laid and the trench backfilled
by the subdivider to the approval of the agency. Provisions shall
be made for adequate fire protection.
A.
Removal of spring and surface water. The subdivider may be required
by the Planning Board, subject to the criteria for wetlands to carry
away by pipe or open ditch any spring or surface water that may exist
either previous to or as a result of the subdivision. Such drainage
facilities shall be located in the street right-of-way where feasible,
or in perpetual unobstructed easements of appropriate width.
B.
Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by Chapter 175, Zoning, of the Code of the Town of Lake George, in the watershed.
C.
Responsibility from drainage downstream. The subdivider's engineer
shall also study the effect of each subdivision on the existing downstream
drainage facilities outside the area of the subdivision; this study
shall be reviewed by the Town Engineer. Where it is anticipated that
the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility during a five-year
storm, the Planning Board shall notify the Town Board of such potential
condition. In such case, the Planning Board shall not approve the
subdivision until provision has been made for the improvement of said
condition.
D.
Land subject to flooding. Land subject to flooding or land deemed
by the Planning Board to be uninhabitable shall not be platted for
residential occupancy, nor for such other uses as may increase danger
of health, life or property or aggravate the flood hazard, but such
land within the plat shall be set aside for such uses as shall not
be endangered by periodical or occasional inundation or improved in
a manner satisfactory to the Planning Board to remedy said hazardous
conditions.[1]
A.
Parks and playground not shown on Town Plan. The Planning Board shall
require that the plat show sites of a character, extent and location
suitable for the development of a park, playground or other recreation
purpose/open space. The Planning Board may require that the developer
satisfactorily grade any such recreation areas shown on the plat.
A subdivider of a tract of land containing 10 or more acres shall
provide land for open space or recreation purposes at the proportionate
rate of one acre per each 50 lots. Open space land shall be of the
same character as land to be subdivided, except where such land abuts
any existing public open space or is a portion of a stream protection
or flood control area. Such area or areas may be dedicated to the
Town or county by the subdivider if the Town Board approves such dedication.
B.
Information to be submitted. In the event that an area to be used
for a park or playground is required to be so shown, the subdivider
shall submit, prior to final approval, to the Board three prints (one
of Mylar) drawn in ink showing, at a scale of not less than 30 feet
to the inch, such area and the following features thereof:
(1)
The boundaries of said area, giving lengths and bearings of all straight
lines; radii, lengths, central angles and tangent distances of all
curves.
(2)
Existing features such as brooks, ponds, clusters of trees, rock
outcrops, structures.
(3)
Existing, and, if applicable, proposed changes in grade and contours
of said area and of area immediately adjacent.
C.
Waiver of plat designation of area for parks and playgrounds.
(1)
In cases where the Planning Board finds that due to the size, topography or location of the subdivision, land for park, playground, open space or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Subsection A.
D.
Reserve strips discouraged. Reserve strips of land, which might be
used to control access from the proposed subdivision to any neighboring
property or to any land within the subdivision itself, shall be discouraged.
E.
Preservation of natural features.
(1)
The Planning Board shall establish the preservation of all natural
features which add value to residential developments and to the community.
The layout shall take advantage of the natural contours and the original
vegetation. Natural features such as large trees and groves, watercourses,
beaches, vistas and similar irreplaceable assets shall be preserved
in designing and construction and subdivision. Of special concern
is the conservation of the wooded character of the skylines, hillsides
and lakefronts. No tree with a diameter of eight inches or more, as
measured three feet above the base of the trunk, shall be removed
unless such tree is within the right-of-way of a street as shown on
the final subdivision plat. Removal of additional trees shall be subject
to the approval of the Planning Board. In no case, however, shall
a tree with a diameter of eight inches or more as measured three feet
above the base of the trunk be removed without prior approval by the
Planning Board.
(2)
In a residential subdivision, all houses shall be sited properly.
Setbacks should be varied in order to preserve trees so that each
house has maximum privacy and the best view.
A.
Applicability of this section. When a proposed subdivision is a regional
subdivision, the provisions of this section shall apply in addition
to all other provisions of these regulations. For the purpose of these
regulations, if a subdivision constitutes both a Class B regional
subdivision and a Class A regional subdivision, it shall be deemed
a Class A regional subdivision in its entirety.
B.
Special requirement for approval of Class B Regional Subdivisions.
(1)
When a proposed subdivision is a Class B regional subdivision, the
Planning Board shall not render approval or conditional approval or
approval with modifications under this chapter, unless the Board first
determines that the subdivision would not have an undue adverse impact
upon the natural, scenic, aesthetic, ecological, wildlife, historic,
recreational or open space resources of the Town or the Adirondack
Park or upon the ability of the public to provide supporting facilities
and services made necessary by the subdivision, taking into account
the commercial, industrial, residential, recreational or other benefits
that might be derived from the subdivision. In making this determination,
the Planning Board shall consider those factors pertinent to the subdivision
contained in the development considerations set forth at Appendix
C hereof[1].
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
When the Planning Board renders final approval of a Class B regional subdivision under this section, the Board shall issue a permit authorizing the subdivider to undertake the subdivision in accordance with any terms and conditions set forth therein. The Planning Board, in conjunction with its approval of any Class B regional subdivision, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in Chapter 175, Zoning, of the Code of the Town of Lake George shall be respected, and the imposition of reasonable conditions to ensure that the subdivision will be adequately supported by services and improvements made necessary thereby and to ensure that the subdivision will be completed in accordance with the terms of the approval and permit. In addition, the Planning Board may incorporate any such requirements and conditions in the permit issued with regard to such Class B regional subdivision.
C.
Special additional procedures regarding Class B regional subdivisions. When a proposed subdivision is a Class B regional subdivision, within 10 days following receipt of a completed application under §§ 150-7A and 150-8A, the Planning Board shall furnish the Adirondack Park Agency a copy of the application and plat, together with such further pertinent information as the agency may deem necessary. The Planning Board shall also mail a copy of the notice of public hearing on the subdivision to the Agency at least five days before such hearing. The Agency shall be a full party in interest withstanding to participate in the hearing and other proceedings pursuant to this section relative to Class B regional subdivisions.
D.
Criteria and certain procedures for Adirondack Park Agency review
of Class A regional subdivisions.
(1)
The Adirondack Park Agency's review of Class A Regional Subdivisions
within the territory of the Town pursuant to and in accordance with
Section 809, Subdivision 9, of the Adirondack Park Agency Act,[2] shall be governed by the criteria and certain procedures
hereinafter set forth, as well as those set forth in the Act and the
applicable Agency rules and regulations.
[2]
Editor's Note: See Executive Law § 809, Subdivision
9.
(2)
As soon as reasonably practicable following receipt by the Planning Board from the Adirondack Park Agency of notice of application completion with regard to a Class A regional subdivision, the Planning Board or one or more designees thereof shall consult with the Agency for the purpose of analyzing the application and formulating advisory recommendations as to whether the subdivision meets all of the pertinent requirements and conditions of the Town land use program. No later than 30 days following receipt by the Planning Board from the Agency of such notice of application completion with regard to a Class A regional subdivision, or such shorter period as may be agreed upon in writing by the Agency and the Town, the Planning Board shall, by certified mail, provide to the Agency its advisory recommendations as to whether the subdivision meets all of the pertinent requirements and conditions of the Town land use program. Should the Planning Board fail to provide such recommendations with such thirty-day or otherwise agreed-upon period, the Agency may make the finding required by Subsection D(3) hereof without receipt of such recommendations.
(3)
The Adirondack Park Agency shall not approve a Class A regional subdivision
unless it first determines, after consultation with the Planning Board
and seeking advisory recommendations of the Planning Board relative
to the subdivision, that the subdivision would comply with all the
pertinent requirements and conditions of the Town land use program.
(4)
In making the determination required by Section 809 of the Adirondack
Park Agency Act[3] as to the impact of a proposed Class A regional subdivision
upon the resources of the Adirondack Park, including the ability of
all levels of government to provide supporting facilities and services
made necessary by the subdivision, the Agency shall consider those
factors pertinent to the subdivision contained in the development
considerations set forth in Appendix C hereof.[4]
[3]
Editor's Note: See Executive Law § 809.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Establishment of joint procedures with the Adirondack Park Agency
for review of Class A regional aubdivisions. The Planning Board may
establish whatever joint procedures with the Adirondack Park Agency
for review of Class A regional subdivisions which the Board in its
discretion deems desirable to minimize duplication and generally expedite
the review process.
A.
The sketch plan initially submitted to the Planning Board shall be
based on Tax Map information or some other similarly accurate base
map at a scale (preferably not less than 200 feet to the inch) to
enable the entire tract to be shown on one sheet.
B.
The sketch plan shall be submitted, showing the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract, and the distance to the nearest existing street
intersection.
(2)
All existing structures, wooded areas, streams and other significant
physical features within the portion to be subdivided and within 200
feet thereof. If topographic conditions are significant, contours
shall also be indicated at intervals of not more than 10 feet.
(3)
The name of the owner and of all adjoining property owners are disclosed
by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers, if available.
(5)
All the utilities available and all streets which are either proposed,
mapped or built.
(6)
The proposed pattern of lots (including lot width and depth), street layout recreation areas, systems of drainage, sewerage and water supply [see § 150-27A(3)] within the subdivided area.
(7)
All existing restrictions on the use of land, including easements,
covenants or zoning lines.
A.
In the case of minor subdivision only, 12 copies of the minor subdivision
plat and application shall be submitted, and the subdivision plat
application shall include the following information:
(1)
A copy of such covenants of deed restrictions as are intended to
cover all or part of the tract.
(2)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by monuments, and shall be referenced
and shown on the plat.
(3)
All on-site sanitation and water supply facilities shall be designed to meet the minimum specifications of the Town of Lake George On-Site Wastewater Treatment Systems ordinance (Ch. 115), State Department of Health or State Department of Environmental Conservation, and a note to this effect shall be stated on the plat and signed by a licensed engineer.
(4)
Proposed subdivision name, name of the Town and county in which it
is located.
(5)
The date, North point, map scale, name and address of record owner
and subdivider.
B.
The plat to be filed with the County Clerk shall be printed upon
linen or be clearly drawn in India ink upon tracing cloth. The size
of the sheet shall be 22 by 26 inches.
A.
Twelve copies of the preliminary plat prepared at a scale of not
more than 100, but preferably not less than 50, feet to the inch shall
be submitted, showing:
(1)
Proposed subdivision name, name of Town and county in which it is
located, date, true North point, scale, name and address of record
owner, subdivider and engineer or surveyor, including license number
and seal.
(2)
The name of all subdivisions immediately adjacent and the name of
the owners on record of all adjacent property.
(3)
Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the zoning district lines and/or Chapter 175, Zoning, of the Code of the Town of Lake George text applicable to the area to be subdivided.
(4)
All parcels of land proposed to be dedicated to public use and the
conditions of such dedication.
(5)
Location of existing property lines, easements, buildings, watercourses,
marshes, rock outcrops, wooded areas, and other significant existing
features for the proposed subdivision and adjacent property.
(6)
Location of existing sewers, water main, culverts and drains on the
property, with pipe sizes, grades and direction of flow.
(7)
Contours with intervals of five feet or less as required by the Board,
including elevations on existing roads. Approximate grading plan if
natural contours are to be changed more than two feet.
(8)
The width and location of any streets or public ways or places shown
on the Official Map or the Master Plan, if such exists, within the
area to be subdivided, and the width, location, grades and street
profiles of all streets or public ways proposed by the developer.
(9)
The approximate location and size of all proposed water lines, valves,
hydrants and sewer lines and fire alarm boxes. Connection to existing
lines or alternate means of water supply or sewage disposal and treatment
as provided in the Public Health Law. Profiles of all proposed water
and sewer lines.
(10)
Storm drainage plan indicating the approximate location and
size of proposed lines and their profiles. Show location of connection
to existing lines and all stormwater management facilities or alternate
means of disposal.
(11)
Plans and cross-sections showing the proposed location and type
of sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains and the size and type thereof,
the character, width and depth of pavements and subbase, the location
of manholes, basins and underground conduits.
(12)
Preliminary designs of any bridges or culverts which may be
required.
(13)
The proposed lot lines with approximate dimensions and area
of each lot.
(14)
Where the topography is such as to make difficult inclusion
of any of the required facilities within the public area as laid out,
the boundaries of proposed permanent easements over or under private
property, which permanent easements shall not be less than 20 feet
in width and which shall provide satisfactory access to an existing
public highway or other public highway or public open space shown
on the subdivision or the official map.
(15)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to by a licensed land surveyor. The corners of the tract shall also
be located on the ground and marked by substantial monuments of such
size and type as approved by the Town Engineer, and shall be referenced
and shown on the plat.
B.
If the application covers only a part of the subdivider's entire
holding, a map of the entire tract, drawn at a scale of not less than
400 feet to the inch, showing an outline of the platted area with
its proposed streets and indication of the probable future street
system with its grades and drainage in the remaining portion of the
tract and the probable future drainage layout of the entire tract
shall be submitted. The part of the subdivider's entire holdings
submitted shall be considered in the light of the entire holdings.
C.
A copy of such covenants or deed restrictions as are intended to
cover all or part of the tract shall be submitted.
The following documents shall be submitted for plat approval:
A.
A Mylar delineating the plat, which shall be filed with the County
Clerk.
(1)
The plat shall be drawn at a scale of no more than 100 feet to the
inch and oriented with the North point at the top of the map. When
more than one sheet is required, an additional Mylar of the same size
shall be filed, showing to scale the entire subdivision with lot and
block numbers clearly legible.
(2)
The plat shall show:
(a)
Proposed subdivision name of identifying title and the name
of the Town and county in which the subdivision is located; the name
and address of record owner and subdivider; name, license number and
seal of the licensed land surveyor.
(b)
Street lines, pedestrian ways, lots, reservations, easements
and areas to be dedicated to public use.
(c)
Sufficient data acceptable to the Town Engineer to determine
readily the location, bearing and length of every street line, lot
line, boundary line and to reproduce such lines upon the ground. Where
applicable, these should be referenced to monuments included in the
state system of plane coordinates, and in any event should be tied
to reference points previously established by a public authority.
(d)
The length and bearing of all straight lines, radii, length
of curves and central angles of all curves, tangent bearings shall
be given for each street. All dimensions and angles of lines of each
lot shall also be given. All dimensions shall be shown in feet and
decimals of a foot. The plat shall show the boundaries of the property,
location, graphic scale and true North point.
(3)
The plat shall also show, by proper designation thereon, all public
open spaces for which deeds are included and those spaces title to
which is reserved by the developer. For any of the latter, there shall
be submitted with the subdivision plat copies of agreements or other
documents showing the manner in which such areas are to be maintained
and the provisions made therefor.
(4)
All offers of cession and covenants governing the maintenance of
unceded open space shall bear the certificate of approval of the Town
Attorney as to their legal sufficiency.
(5)
Lots and blocks within a subdivision shall be numbered and lettered
in alphabetical order in accordance with the prevailing Town practice.
(6)
Permanent reference monuments shall be shown and shall be constructed
in accordance with specification of the Town Engineer. When referenced
to the state system of plane coordinates, they shall also conform
to the requirements of the State Department of Public Works. They
shall be placed as required by the Town Engineer and their location
noted and referenced upon the plat.
(7)
All lot corner markers shall be permanently located satisfactorily
to the Town Engineer, at least 3/4 inch (if metal) in diameter and
at least 24 inches in length, and located in the ground to existing
grade.
(8)
Monuments of a type approved by the Town Engineer shall be set at
all corners and angle points of the boundaries of the original tract
to be subdivided; and at all street intersections, angle points in
street lines, points of curve and such intermediate points as shall
be required by the Town Engineer.
B.
Construction drawings, including plans, profiles and typical cross
sections, as required, showing the proposed location, size and type
of streets, sidewalks, lighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, pavements and subbase, manholes,
catch basins and other facilities.
A.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may waive the regulations so that substantial justice may be done and the public interest secured; provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or Chapter 175, Zoning, of the Code of the Town of Lake George, if such exists. The Planning Board cannot grant relief or waivers of dimensional requirements found in the Zoning Code, Chapter 175.
B.
The Zoning Board of Appeals may grant variances from the dimensional requirements identified in the Zoning Code, Chapter 175, subject to the criteria therein.
C.
Where the Planning Board finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed
subdivision, it may waive such requirements subject to appropriate
conditions.
D.
In granting variances and modifications, the Planning Board and Zoning
Board of Appeals shall require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
A.
The Planning Board, in its review of subdivision applications, may
employ consultants, legal counsel, professional engineers and/or inspection
services to provide assistance and advice in the review of any application,
including on-site investigation, evaluation and inspection; verification
of the accuracy of information submitted; evaluation of the adequacy
of plans and the sufficiency of submitted reports; study of the impact
of proposals upon the resources and environment of the Town; preparation
and/or review of environmental impact statements; review of the design
and layout of improvements; inspection of installed improvements;
and such other services or technical assistance as the Planning Board
deems necessary for its review of the application.
B.
All costs incurred for these special consulting services shall be
borne by the applicant. Fees for the preparation or review of environmental
impact statements shall be as determined by 6 NYCRR Part 617, adopted
pursuant to Article 8 of the Environmental Conservation Law.
C.
After the Planning Board has rendered its decision on an application,
the balance of the special services shall be paid to the Town within
30 days of receipt of invoice.
D.
Payment to cover incurred costs in full shall be a condition to final
approval of any application by the Planning Board, if special consulting
services are required. No permit approval shall be signed, stamped,
sent or otherwise valid until and unless such amount is paid.
A.
A "lot line adjustment" is a modification of a boundary line between
two or more adjacent legally existing parcels where the modification
complies with the following criteria:
(1)
No new parcel(s) would be created, and no existing parcel(s) would
be deleted as a result of the proposed lot line adjustment.
(2)
No conforming parcel would become nonconforming in any respect as
a result of the proposed lot line adjustment.
(3)
If any parcel that would be the subject of a proposed lot line adjustment
is already nonconforming, the proposed lot line adjustment would not
make such parcel more nonconforming in any respect.
(4)
If a proposed lot line adjustment would make a conforming parcel
nonconforming in any respect, or would make an existing nonconforming
parcel more nonconforming in any respect, one or more area variances,
as necessary, must first be obtained from the Zoning Board of Appeals
to provide relief from such resulting nonconformity or nonconformities
as a prerequisite to any further review and approval of an application
for a lot line adjustment.
(5)
The proposed adjustment does not alter public rights-of-way, existing
easements, or other lots.
(6)
The proposed adjustment does not conflict with Adirondack Park Agency
regulations.
B.
Permit requirements. Applications for a lot line adjustments are
available in the Planning and Zoning Office, and shall be submitted
to the Zoning Officer for review with the following:
(1)
A $25 lot line adjustment application fee complete with the lot line
adjustment application.
(2)
A survey map showing:
(a)
The existing configuration of the lots that will be the subject
of the proposed lot line adjustment;
(b)
The proposed configuration of such lots if the lot line adjustment
is approved; and
(c)
Any existing site features on the subject lots, such as structures,
water, septic or sewer facilities, roads, and natural features.
(3)
A cover letter explaining the proposed adjustment.
C.
Procedure.
(1)
Upon receipt of an application for a proposed lot line adjustment,
the Zoning Officer shall review the application materials and make
a determination as to whether the application is complete or more
information is needed, and shall advise the applicant of such determination.
(2)
After the application is determined to be complete, the Zoning Officer
shall review the proposed lot line adjustment with the Town Assessor.
The applicant and his or her representative shall be notified of any
concerns arising from such review which may delay approval of the
application.
(3)
The Zoning Officer shall limit his or her review and approval of a proposed boundary line adjustment to a determination of whether or not the parcels, after the proposed lot line adjustment, will conform to the requirements of this § 150-32 and shall not impose conditions or exactions on the approval except to conform to the requirements of this Section and/or to facilitate the relocation of existing utilities, infrastructure, easements or improvements.
(4)
Within 30 days after the lot line adjustment application has been
determined to be complete, the Zoning Officer shall approve, conditionally
approve or disapprove of the application for the proposed lot line
adjustment or notify the applicant and his or her representatives,
if any, that one or more variances is/are required as a prerequisite
to approval of the application. If the application is approved, the
Zoning Officer shall sign and stamp the plat map for the lot line
adjustment. If the application is approved with conditions, the Zoning
Officer shall determine whether the conditions must be satisfied before
the plat map is signed and stamped or, alternatively, whether the
conditions shall be noted on the plat map before it is signed and
stamped.
D.
Filing. Filing for a lot line adjustment shall not be considered
final until the signed and stamped plat map for the lot line adjustment
and a deed or lot line adjustment agreement, containing any appropriate
exhibits and new legal descriptions reflecting the adjustment, have
been recorded with the county.
