Any subdivider who proposes to develop a subdivision
in the Town of Stillwater shall submit plats and documents and comply
with the regulations regarding the posting of bonds and construction
of improvements and utilities as provided in this article.
A.
One original drawing and 10 black-and-white prints
of all required plans, plats, or surveys, and 10 copies of all other
supplementary documents and written applications, shall be filed with
the Code Enforcement Officer or Building Department Clerk.
B.
All original drawings shall be submitted on sheets
of mylar no longer than 24 x 36 inches, at horizontal scales of one
inch equals no more than 100 feet and vertical scales of one inch
equals no more than 20 feet. When more than one sheet is required
to show the plat within the prescribed scale, an index sheet of the
same size shall be submitted, showing the entire proposed subdivision
with lot and block numbers clearly legible, unless otherwise approved
by the Planning Board.
C.
All submissions shall bear the following information:
the proposed subdivision name; an identifying title; the words "Town
of Stillwater, Saratoga County, New York," the date of submission
of the survey; the name and address of the record owner or subdivider
and, where applicable, the names and addresses of engineers, planners
or surveyors engaged to prepare drawings; North arrows; and graphic
scales.
D.
Space shall be provided on all submissions for required
endorsements by appropriate agencies.
A.
The sketch plan may be a freehand pencil sketch made
directly on a print of a topographic survey of the proposed subdivision
area or the proposed layout of streets, lots, and other features in
relation to existing conditions and shall show all topographic data
required for the preliminary layout or such of these data as the Planning
Board considers necessary for its review of the sketch plan.
B.
The location map shall show the relationship of the
proposed subdivision to the balance of the Town of Stillwater.
C.
General subdivision information shall describe or
outline the existing conditions of the site and the proposed development
wherever necessary to explain and supplement the sketch plan and location
map. This information may include data on existing covenants, land
characteristics, available community facilities and utilities and
proposals for number of residential lots, typical lot width and depth,
price range, business areas, playgrounds, parks and other public areas,
protective covenants, utilities and street improvements, or other
data as may be requested by the Planning Board.
A.
The preliminary layout shall show both existing topographic
data and proposed conditions, as follows:
(1)
Existing topographic data (required):
(a)
Boundary lines: bearings and distances.
(b)
Locations, width, identification and purpose
of easements and rail right-of-way width and location: type, width
and elevation of surfacing; walks, curbs, gutters, culverts, etc.
(c)
Streets on and adjacent to the tract: name and
right-of-way width and location, type, width and elevation of surfacing;
walks, curbs, gutters, culverts, etc.
(d)
Utilities on and adjacent to the tract: location
of septic tanks and leaching systems; location, direction and flow,
size and invert elevation of sanitary, storm and combined sewers,
water mains, underground electric and telephone lines and gas lines;
location of fire hydrants, electric and telephone poles, and aboveground
pad transformers; streetlights. (If water mains and sewers are not
adjacent to the tract, indicate the direction and distance to the
size of nearest ones, showing invert elevations of sewers.)
(e)
Ground elevations on the tract: for land that
slopes less than approximately 4%, show contours at intervals of two
feet or as prescribed by the Planning Board.
(f)
Other conditions on the tract: rail lines, watercourses,
marshes, rock outcrops, wooded area, isolated preservable trees, houses,
barns, shacks, and other significant features.
(g)
Other conditions on adjacent land within 50
feet of the boundary: approximate direction and gradient of ground
slope, including any embankments or retaining walls; character and
location of buildings, railroads, power lines, towers and other nearby
residential land uses or adverse influences; owner's adjacent unplatted
land; for adjacent platted land, refer to subdivision plat by name.
(h)
Zoning on and within 50 feet of tract.
(i)
Proposed public improvements: highways or other
major improvements planned by public authorities for future construction
on or near the tract, if known to the subdivider.
(j)
Key plan showing location of the tract.
(k)
Title and certificates: present tract designation
according to official records in the office of the County Clerk; block
and lot numbers before subdivision, as shown on the latest Municipal
Tax Maps; title under which proposed subdivision is to be recorded,
with names and addresses of owners, notation stating acreage, datum,
benchmarks, certification of registered engineer or surveyor, and
date of survey.
(2)
Existing topographic data (at discretion of Planning
Board):
(a)
Subsurface conditions of the tract: location
and results of tests made to ascertain subsurface soil, rock and groundwater
conditions; depth to groundwater, unless test pits are dry at a depth
of five feet; location and results of soil percolation tests if individual
sewage disposal systems are proposed.
(b)
Photographs: camera location, directions of
views and key numbers.
(3)
Proposed site improvements:
(a)
Streets: names, right-of-way widths, approximate
grades and gradients; similar data for alleys, if any.
(b)
Other rights-of-way or easements: location,
width, and purpose.
(c)
Location of utilities (if not shown on other
exhibits).
(d)
Lot lines, lot areas, lot numbers, block numbers.
(e)
Sites, if any, to be dedicated for parks, playgrounds
or other public uses.
(f)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses, exclusive of
single-family dwellings.
(g)
Minimum building setback lines.
(h)
Site data, including but not limited to number
of residential lots, typical lot size, acres in parks.
(i)
Approximate grading plan if natural contours
are to be changed more than two feet.
B.
Other preliminary plans may be required by the Planning
Board, including the following:
(1)
Street profiles showing existing ground surface and
proposed street grades, including extensions for a reasonable distance
beyond the limits of the proposed subdivision.
(2)
Typical cross-sections of the proposed grading, roadway
and sidewalk; type and depth of surfacing and subbase.
(3)
All elevations are to be based on a datum approved
by the Planning Board.
C.
A draft of protective covenants or deed restrictions
shall be submitted whereby the subdivider proposes to regulate land
use in the subdivision and otherwise protect the proposed development.
D.
A deed description and map of survey of tract boundary
made and certified by a licensed land surveyor shall be submitted.
E.
A vicinity map showing the relation of the proposed
subdivision to the adjacent properties and to the general surrounding
area shall be submitted.
A.
Plats.
(1)
The final plat shall show the following:
(a)
Primary control points approved by the Planning
Board or descriptions and ties to such control points to which all
dimensions, angles, bearings and similar data on the plat shall be
referred.
(b)
Tract boundary lines, right-of-way lines of
streets, easements and other rights-of-way and property lines of residential
lots and other sites, with accurate dimensions, bearings, or deflection
angles, and radii, arcs and central angles of all curves.
(c)
Name and right-of-way width of each street or
other right-of-way.
(d)
Location to identify each lot or site, lot areas
in square feet.
(e)
Location, dimensions and purpose of any easements.
(f)
Designation of purpose of all areas to be dedicated
or reserved for public use for which deeds of cession are included,
and any street or other such spaces which are not to be dedicated.
(g)
Proposed street names, block, lot and section
numbers in sequence, as directed by the Town Tax Assessor.
(h)
Minimum building setback line on all lots and
other sites.
(i)
Location and description of monuments. (A number
of permanent concrete or granite survey monuments shall be required.)
(j)
Names of record owners of adjoining unplatted
land.
(k)
Reference to recorded subdivision plats of adjoining
platted land by record date and number.
(l)
Signature and seal by a licensed surveyor or
engineer.
(m)
Certification of title showing that the applicant
is the owner (recent deed will suffice).
(n)
Statement by the owner dedicating streets, rights-of-way,
any sites for public uses and easements for public utilities.
(o)
Plans and profiles showing the exact location,
size and invert elevations of existing and proposed water mains, sanitary
sewers and stormwater drains; profiles of all utility lines at points
of interference; and the location of fire hydrants and all gas or
other underground utilities or structures.
(p)
The location of all the following improvements
required by law and this chapter, unless specifically waived in writing
by the Planning Board on a finding that they are not necessary in
the circumstances of the particular subdivision: street paving, street
signs, sidewalks, streetlighting standards, telephone poles, cement
concrete curbs and gutters, street trees and private sewage disposal
systems.
(q)
Grading plan showing present and proposed contours
at two-foot intervals or as required by the Planning Board.
(r)
Sufficient data to readily determine the location,
bearing and length of every street line, lot line and boundary line
in order to reproduce such lines upon the ground. Where practicable,
they should be tied to reference points previously established by
public authority.
(s)
The length of all straight lines, the deflection
angles, radii, length of curves and central angles of all curves,
tangent distances and tangent bearings shall be given for each street.
All dimensions shall be shown in feet and decimals of a foot. All
angles of the lines of each lot shall be given to the nearest 10 seconds.
(t)
All public open spaces for which deeds of cession
are included.
B.
Documents.
(1)
After filing with the County Clerk, the applicant
shall submit 10 black-and-white prints of the final plat to the Planning
Board, showing the recording date of the County Clerk thereon.
(2)
Cross-sections and profiles of all proposed streets
shall be submitted, showing grades approved by the Town Highway Superintendent,
width of roadways, type and depth of surfacing and subbase, locations
and width of sidewalks and the locations and size of utility mains.
The profiles shall be drawn to standard scales and elevations along
center lines of streets, showing existing and proposed elevations,
and shall be based on a datum plane approved by the Town Highway Superintendent.
Where a proposed street intersects an existing street, the elevation
of such existing street shall be shown for 100 feet from each intersection.
All elevations must be referred to established or approved local bench
marks.
(3)
Protective covenants shall be submitted in form for
recording.
(4)
A certificate by the Town Highway Superintendent shall
be submitted, certifying that the subdivider has complied with one
of the alternatives:
(a)
That all improvements have been installed to
the satisfaction of the Town Highway Superintendent as to standards
and specifications prescribed by him and in accordance with the requirements
of this chapter and with the action of the Planning Board giving conditional
approval of the preliminary layout, or
(b)
That a performance bond or certificate check
has been posted which is available to the Town of Stillwater and in
sufficient amount to assure such completion of all required improvements.
(5)
Written agreement between the subdivider and the Town
Board shall be submitted, covering title and provision for the cost
of grading, development, equipment and maintenance of any parks, playgrounds
or open public spaces. Such agreements shall bear the endorsement
of the Town Attorney as to their legal sufficiency.
(6)
Written agreements, in accordance with § 176-18, that public utility companies will make necessary service installations where required by the Planning Board shall be submitted.
(7)
Other data, such as other certificates, affidavits,
endorsements or approvals, shall be submitted as may be required by
the Planning Board in the enforcement of this chapter.
(8)
No changes, erasures, modifications or revisions shall
be made on any subdivision plat after final approval has been given
by the Planning Board and/or the plat has been duly filed with the
County Clerk, unless such plat has first been resubmitted to the Planning
Board and such change, etc., has been approved by the Board. Any plat
so changed without first being resubmitted to the Planning Board and
approval granted shall be considered null and void, and the Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
A.
Bonds posted by the subdivider in compliance with § 176-8 (Final submission and plat review) shall be in amount determined by the Planning Board and Town Engineer, or other appropriate Town departments designated by the Planning Board, to cover the full cost of required public improvements.
B.
Such performance bonds shall be issued by a bonding
or surety company approved by the Town Board, or by the subdivider
with security acceptable to the Town Board.
C.
Such performance bonds shall be approved by the Town
Attorney as to form, sufficiency, surety and manner of execution.
D.
Such performance bonds shall run for a term to be
fixed by the Planning Board, but in no case for term longer than three
years. Such term may be extended by the Planning Board with the consent
of the parties thereto.
E.
If the Planning Board shall decide, at any time during
the term of the performance bond, that the extent of the building
development which has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such performance bond,
or improvements have been installed in accordance with the Town Law
and as required by the Planning Board in sufficient amount to warrant
reduction in the face amount of such bond, or the character and extent
of such development requires additional improvements previously waived
for a period stated at the time of fixing the original term of such
bond, then the Planning Board may modify its requirements for any
or all such improvements, and the face value of such performance bond
shall thereupon be reduced or increased by an appropriate amount so
that new face value will cover the cost in full of the amended list
of improvements required by the Planning Board, and any security deposited
with the bond may be reduced or increased proportionately.
F.
In the event that any improvements have not been installed
as required by the Planning Board within the term of such performance
bond, the Town Board may thereupon declare such bond to be in default
and collect the sum remaining payable thereunder; and upon receipt
of the proceeds thereof, the Town shall install the improvements covered
by such bond which are commensurate with the extent of building development
that has taken place in the subdivision, but not exceeding in cost
the amount of such proceeds.
G.
If the Planning Board, or an appropriate Town officer
appointed by it, shall find, upon inspection, that any of the required
improvements have not been constructed in accordance with the plans
and conditions approved and specified by the Planning Board, then
the subdivider and the bonding company (if any) shall be severally
and jointly liable for the costs of completing said improvements as
originally specified by the Planning Board.
H.
Such performance bonds shall be released to the subdivider
only upon certification by the Town Board that all required improvements
have been satisfactorily completed.
In making determinations regarding the necessity
and extent of the installation of public improvements, the Planning
Board shall take into consideration the prospective character and
uses in the proposed subdivision, whether dense residential, open
residential, business or industrial.
A.
The Planning Board shall require the installation of the following public improvements in accordance with the Town Law, unless it shall specifically waive any such improvement as provided in § 176-28, Waivers:
(1)
Parks, playgrounds, or other public open spaces for
recreational purposes, of adequate size and location.
(2)
Streets and highways suitably placed and improved
with any or all of the following: street signs and poles, sidewalks,
streetlighting standards, curbs, gutters, street trees, water mains,
sanitary sewers, storm sewers, fire alarm signal devices, including
necessary ducts and cables or other connecting facilities.
(3)
Monuments, suitably placed and installed.
B.
All improvements as required shall be installed in
accordance with standards, specifications and procedures acceptable
to the appropriate Town departments or as provided in this chapter.
C.
Unless a bond is posted in accordance with § 176-8 (Final submission and plat review) or § 176-16 (Performance bonds), all improvements as required shall have been completed, installed or constructed, and so certified, before approval of the final plat shall be granted and before any permit or certificate of occupancy shall be issued in accordance with § 176-10, Building permits and certificates of occupancy.
When public utility facilities are to be installed,
the subdivider shall submit to the Planning Board written assurances
from each public utility company that such company will make the necessary
service installations within a time limit and according to specifications
satisfactory to the Planning Board.
