By the authority of the resolution of the Town Board of the
Town of Saugerties, Ulster County, New York, adopted pursuant to the
provisions of Article 16 of the Town Law of the State of New York,
the Planning Board of the Town 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 subdivisions
for which plats are already filed in the office of the County Clerk;
and to conditionally approve preliminary plats within that part of
the Town outside the limits of any incorporated city or village.
It is declared to be the policy of the Planning Board to consider
land subdivisions as part of a plan for the orderly, efficient and
economical 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 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 Town Comprehensive 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 fire-fighting equipment to buildings; and that proper provision
shall be made for open space for parks and playgrounds.
Should any provision of this chapter conflict or be inconsistent
with any provision of the Town Law, such provision of the Town Law
shall apply.
The Planning Board may waive, subject to appropriate conditions, the requirements set forth in Articles
IV and
V of this chapter, including the provision of any or all required improvements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety, and general welfare, or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision or would cause unusual hardship, provided the public interest is protected and the development is in keeping with the general spirit and intent of this chapter, the Town Official Map, the Zoning Ordinance, and the Town Comprehensive Plan, if such exist.
Whenever access to the subdivision is required across land in
another municipality, the Planning Board may request assurance from
the Town Attorney that access is legally established and from the
Town Engineer that the access road is adequately improved, or that
a performance bond has been duly executed and is sufficient in amount
to assure the construction of the access road. In general, lot lines
should be laid out so as not to cross Town boundary lines.
For a resubdivision, the same procedure, rules and regulations
shall apply as for a subdivision.
[Added 4-6-2005 by L.L. No. 3-2005]
A. Each application must be accompanied by fees established by resolution
of the Town Board of the Town of Saugerties; such fees shall be paid
to the duly authorized Town official; no plans shall be further reviewed
or signed for filing unless all outstanding Town fees, application
fees, inspection fees for public improvements, and consultation fees
are paid in full.
B. A developer shall be obligated to pay for all reasonable professional
review fees incurred by the Town of Saugerties for services rendered
in connection with the developer's project. These fees shall
include, but are not limited to, charges by the professionals for
review of all plans, fees for review and progress reports as the development
progresses, and all fees related to on-site inspections.
C. Inspection of improvements and fee. At least 10 days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk an inspection fee of 2% of the required improvements
and shall notify the Board in writing of the time when he proposes
to commence construction of such improvements so that the Board may
cause inspection to be made to assure that all Town specifications
and requirements shall be met during the construction of required
improvements and utilities required by the Board.
D. The Town reserves the right to require the developer to establish
an escrow account for the faithful performance of his or her obligations
in connection with the review of his or her subdivision. The escrow
account amount shall be established with the Town and shall be replenished
to the agreed amount when the balance falls below 20% of the agreed
amount.
E. A developer shall be obligated to make payments to the escrow account
described above within seven business days of receipt of notification
from the Town advising that the developer's account needs to
be replenished. A developer must also pay all other fees required
to be paid hereunder within seven business days of receipt of notification
for payment. Failure to remain current with any and all fees shall
permit the Planning Board and its consultants to terminate all work
and review on the developer's application until such time as
all payments are current.