Whenever any subdivision of land is proposed to be made and before any contracts for the sale or any offer to sell such subdivision or any part thereof is made, and before any permit for erection of a structure in such proposed subdivision shall be granted, the subdivider or his authorized agent shall apply for approval of such proposed subdivision in accordance with the following procedure:
A. 
Preapplication meeting with the Board.
B. 
Sketch plat showing general concept.
C. 
Preliminary plat showing proposal in detail.
D. 
Plat of finalized proposal.
E. 
Review by non-Town agencies.
F. 
Public hearing.
G. 
Planning Board approval by resolution.
H. 
Completion of improvements or posting of bond, certified checks, or suitable alternative surety.
I. 
Signing of plat by Board.
J. 
Filing of plat in County Clerk's Office.
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Appearance before Planning Board. Before preparing a detailed proposal, the subdivider should make an appointment at a regular meeting of the Planning Board to familiarize himself with the requirements of these and other regulations, the policies and plans of the Planning Board, and other information that may be pertinent to the subdivision. He should also discuss his proposal with the County Health Department, which is responsible for the adequacy of lot sizes and facilities for water supply and sewage disposal. Under certain conditions, the subdivider may also need the approval of the state or county highway agencies, the Ulster County Planning Board, and others; therefore, the proposed subdivision should be discussed in advance with the agencies.
B. 
Determination of procedures. At the time of preapplication discussion, the Planning Board shall ascertain whether the proposed subdivision qualifies as a major or minor subdivision. In the event that the subdivision qualifies under the provisions of minor subdivisions, the applicant shall prepare a sketch plat in accordance with § 215-12B of this chapter. On completion of sketch review of a minor subdivision, the applicant shall prepare a final subdivision plat in accordance with § 215-15 of this chapter. No preliminary plat review shall be required for minor subdivisions.
A. 
Procedure. Prior to filing a preliminary plat, the subdivider or his duly authorized representative shall submit a sketch plat showing the basic proposed layout and other information required in Article V of this chapter. At least two copies of the sketch plat shall be delivered to the Chairman or other authorized official of the Board. After submission of the sketch plat, the Board may schedule a field trip to the site, to be accompanied by the subdivider. To facilitate the inspection of the site, the subdivider shall have the center line of any proposed streets marked by temporary stakes. After review of the sketch plat and field inspection, and within 45 days of the official date of submission of the sketch plat, the Board shall tentatively approve the sketch plat or recommend modifications in writing.
B. 
Sketch plat procedures for minor subdivision. Prior to filing a final plat, the subdivider or his duly authorized representative shall submit a sketch plat showing the basic layout and information required by Article V, § 215-25A and B(1), (2) and (4). At least two copies of the sketch plat shall be delivered to the Chairman or other authorized official of the Board. After submission of the sketch plat, the Board may schedule a field trip to the site, to be accompanied by the subdivider. To facilitate the inspection of the site, the subdivider shall have the center line of any proposed streets marked by temporary stakes. After review of the sketch plat and field inspection, and within 45 days of the official date of submission of the sketch plat, the Board shall tentatively approve the sketch plat or recommend modifications in writing.
[Added 10-26-2000 by L.L. No. 1-2000; amended 5-26-2010 by L.L. No. 4-2010]
Where a subdivider proposes a lot line adjustment, as defined herein, the Planning Board may waive the requirements for sketch plan approval and the public hearing on such proposal, and approve such lot line adjustment. If the proposed lot line adjustment does not meet one or more of the following conditions, then the Board may (with the approval of a super-majority of the Board) waive the requirement for sketch plan approval and the public hearing on such proposal but shall provide a reasonable basis for its decision, setting forth in detail said reasons to grant such waiver on said proposal:
A. 
The area of the proposed land exchange or transfer does not exceed the minimum required lot area of the zoning district in which the affected lands are located.
B. 
No additional lots will be created.
C. 
Such exchange or transfer of lands does not preclude the proper future development, subdivision or resubdivision of the affected properties and will not impede maintenance of existing or development of future access or utility service to either lot.
D. 
Such exchange or transfer of lands shall not create any nonconformity with the terms and regulations of the Town of Saugerties Zoning Law.[1]
[1]
Editor's Note: See Ch. 245, Zoning.
E. 
The subdivider(s) has prepared and submitted for approval by the Planning Board a final plat prepared to the specifications set forth in § 215-27 of this chapter, except for plat details that are specifically waived by the Planning Board.
F. 
The subdivider(s) has paid the final plat fee as set forth in § 215-7 of this chapter.
A. 
Study; public hearing; time frames.
(1) 
A preliminary plat shall be prepared and submitted showing in detail how the subdivision is to be designed, the details of construction, any proposed covenants and other items required in Article V.
(2) 
Applicant to attend Planning Board meeting. The subdivider shall be prepared to attend a regular meeting to discuss the preliminary plat and the Board’s tentative conclusions.
(3) 
A preliminary plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion.
(4) 
A public hearing shall be held on the completed preliminary plat within such time as prescribed in § 276 of the Town Law. Notice and length of such public hearing shall be as prescribed in § 276 of the Town Law. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.
(5) 
The Planning Board shall approve or disapprove the preliminary plat within such time as prescribed in § 276 of the Town Law. Failure of the Planning Board to act within the time as prescribed in § 276 of the Town Law shall constitute approval, and a certificate of the Town Clerk as to the date of submission of the preliminary plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
B. 
Referral to County. The Clerk of the Planning Board shall refer all applicable preliminary plats to the Ulster County Planning Board as provided in § 239-n of the General Municipal Law. When an application for subdivision review and approval involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Planning Board shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing.
C. 
Approval of the preliminary plat.
(1) 
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the Clerk of the Planning Board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such Clerk's office. A copy of the resolution shall be mailed to the owner.
(2) 
Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Procedure.
(1) 
Within six months after the approval of the preliminary plat, the subdivider shall file the plat in final form with the Planning Board, accompanied by required fees and information required in Article V. If the final plat and accompanying materials are not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
(2) 
When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the state environmental quality review act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion
(3) 
A public hearing shall be held on the completed final plat within such time as prescribed in § 276 of the Town Law. Notice and length of such public hearing shall be as prescribed in § 276 of the Town Law. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.
(4) 
When the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 215-13, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive requirement for such public hearing.
B. 
The Clerk of the Planning Board shall refer all applicable final plats to the Ulster County Planning Board as provided in § 239-n of the General Municipal Law. When an application for subdivision review and approval involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Planning Board shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing.
C. 
The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such final plat within such time as prescribed in § 276 of the Town Law. Failure of the Planning Board to act within the time as prescribed in § 276 of the Town Law shall constitute approval, and a certificate of the Town Clerk as to the date of submission of the final plat and the failure of the Planning Board to take action within the prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval herein required.
D. 
Division of subdivision plat into two or more sections. The Planning Board may permit the plat to be divided into two or more sections, subject to such conditions as it deems necessary to assure the orderly development of the subdivision. Any section shall encompass at least 10% of the total number of lots shown on the plat. If a subdivision is subdivided into several sections, the performance bond or other surety, as specified in § 215-15A, shall be limited to those improvements required to service the proposed section for which final approval is requested.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Improvements or performance bond. Before the Board Chairman or other authorized person may sign the plat, the subdivider shall either post a bond or certified check, bank passbook or other surety satisfactory to the Planning Board, in an amount sufficient to construct required improvements or shall complete the required improvements to the satisfaction of the Town Engineer or other authorized person.
(1) 
When bond or certified check is posted. The subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements as determined by the Board, or the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of Section 277 of the Town Law and shall be satisfactory to the Town Board and as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Board may determine appropriate, but not to exceed three years, shall be set forth in the bond within which the required improvements shall be completed.
(2) 
When no bond is posted. When no bond, certified check, bank passbook or other surety satisfactory to the Planning Board is posted, the subdivider shall complete all required improvements to the satisfaction of the Town Engineer who shall file with the Board a letter signifying the satisfactory completion of all improvements required by the Board.
(3) 
As-built drawings necessary. The required 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 Board has been submitted indicating the actual location of all required improvements and monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to the endorsement of the plat by the appropriate Board officer. However, if the subdivider elects to provide a bond or certified check, bank passbook or other surety satisfactory to the Planning Board for all required improvements as specified in Subsection A(2), such surety shall not be released until such map is submitted.
B. 
Modification of design of 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 may, upon approval of the Board, authorize modifications provided these modifications are within the spirit and intent of the 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 shall issue any authorization under this Section in writing and shall transmit a copy of such authorization to the Board at their next regular meeting.[1]
[1]
Editor's Note: Original Section 353, Inspection of Improvements and Fee, which immediately followed this section, was repealed 4-6-2005 by L.L. No. 3-2005.
C. 
Proper installation of improvements. If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Board. The 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.
Certification, signing and filing. The final plat shall be certified, signed and filed as set forth in Town Law § 276.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Offers of cession. In accordance with § 278 of the Town Law, the subdivider may add a notation on the final plat that no offer of streets, parks or easements shown on the plat is made to the public. Failure to make such notation will constitute a continuing offer of cession to the Town, which may be accepted by the Town Board at any time prior to revocation of said offer by the owner of the land or his agent. Formal offers of cession to the public of all streets, parks and easements not marked with such notation on the plat shall be filed with the Board prior to approval of the plat.
B. 
Acceptance by Town.
(1) 
Acceptance of any such offer of cession shall rest with the Town Board. In the event the applicant shall elect not to file the subdivision plat in the office of the County Clerk, such offer of cession shall be deemed to be void.
(2) 
The approval by the Board of a plat shall not be deemed to constitute or imply the acceptance by the Town Board of any street, park, easement, or open space shown on said plat. The Board may require said plat to be endorsed with an appropriate note to this effect.
C. 
Maintenance. In those cases where no offer of cession to the public is made for the roads, parks and required easements shown of the plat, there shall be submitted with the plat copies of agreements or other documents providing for, and fixing responsibility for, their suitable maintenance, and statements of all rights which exist with respect to the use of such property or properties. Such documents shall be reviewed by the Town Attorney for legal adequacy and competency.
[Added 3-21-2007]
The standards for private rural roads, as set forth below, shall be adopted as a standard for private rural roads when dealing with subdivision applications to assist the Planning Board in its determinations in reviewing developmental data for said applications that come before it.
A. 
General standards.
(1) 
The boundary of each lot served by a private rural road shall extend to the center line of the road, with the right-of-way for ingress and egress over the road granted to each lot served by such road.
(2) 
The applicant shall submit to the Planning Board, as part of the application for preliminary plat approval, a professional engineer's drawings showing the exact location, dimensions and grade of the private rural road, as well as the specifications setting forth the proposed composition of the road.
(3) 
Written comment from the Town Highway Superintendent shall be secured before approval of any private rural road.
(4) 
A homeowners' association (HOA) may be created to provide for the perpetual care and maintenance of the private rural road. The HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the common driveway. The HOA shall ensure that the road is properly maintained and kept open to permit emergency vehicle access. A performance bond must be posted by the applicant to ensure the proper completion of the road. If an HOA is not created for perpetual care and maintenance, all lot owners served by the common driveway shall enter into a maintenance and repair agreement with all other lot owners served by such common driveway. Such agreement shall be approved by the Town Attorney.
(5) 
The Planning Board may waive the requirement of HOA ownership of a private rural road if it finds, after consulting with the Town Attorney, that a recorded maintenance agreement, executed by the applicant as a condition of subdivision approval, will provide sufficient protections to lot owners and the Town and that all of the requirements and HOA functions will be properly fulfilled by such maintenance agreement.
(6) 
The private rural road may never be offered for dedication to the Town of Saugerties unless it conforms to the Town road specifications in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the road conforms to Town street specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the road up to Town road specifications shall be borne by the homeowners' association (or the lot owners if there is no HOA).
(7) 
The lots in a conservation or average-density subdivision shall be restricted by conservation easement so that they may never be subdivided beyond 10 lots.
[Amended 4-16-2008]
(8) 
The subdivision plat shall show the road clearly labeled "private rural road".
B. 
Design standards.
(1) 
All construction shall be in accordance with these regulations and shall be under the immediate inspection, supervision and approval of the Town Highway Superintendent or the Town Engineer.
(2) 
The right-of-way for a private rural road shall be not less that 50 feet in width with a wearing surface not less than 16 feet in width. Curbs shall be avoided unless deemed necessary by the Superintendent of Highways. The private rural road shall be cleared and graded to a width of 25 feet and a horizontal clearance maintained for a distance of 12 feet from the center line and a vertical clearance of 15 feet maintained.
(3) 
Whenever possible, private rural roads shall follow natural contours and drainage shall be provided by swales or culverts designed to the satisfaction of the Town Highway Superintendent or Town Engineer. Drainage plans shall be prepared by a licensed professional engineer and shall comply with applicable NYS DEC requirements for MS4 and SPDES stormwater regulations for construction activities,
(4) 
Minimum curve radius shall be 100 feet; minimum tangent distance between reverse curves shall be 50 feet.
(5) 
Grade shall not exceed 10% nor be less than 1% unless approved by the Highway Superintendent, Fire Chief and Town Engineer. Grade shall not be greater than 3% within 50 feet of an intersection.
[Amended 5-1-2019 by L.L. No. 3-2019]
(6) 
Geotextile stabilization fabric shall be used under the foundation gravel course for the full width of the subgrade at all low spots, in areas where subgrade conditions are wet or otherwise deficient or as directed by the Town Engineer. Geotextile stabilization fabric shall be Mirafi 600X or approved equal.
[Amended 5-1-2019 by L.L. No. 3-2019]
(7) 
The foundation course shall be constructed of not less than 12 inches of NYS DOT Item 304.02, Subbase shall be compacted to the satisfaction of the Town Engineer.
[Amended 4-16-2008; 5-1-2019 by L.L. No. 3-2019]
(8) 
The wearing surface shall consist of two inches of Item 4.
[Amended 5-1-2019 by L.L. No. 3-2019]
(9) 
The maximum length of the common portion of any private rural road shall be 1,200 feet from the access road unless there are two points of access.
[Amended 5-1-2019 by L.L. No. 3-2019]
(10) 
There shall be an adequate turnaround for emergency vehicles at the end of the common portion of the private rural road or dead ends over 150 feet and shall comply with one of the following turnaround layouts:
[Added 5-1-2019 by L.L. No. 3-2019]
(11) 
A typical private road cross section is as follows:
[Added 5-1-2019 by L.L. No. 3-2019]
C. 
Inspection of improvements.
[Added 5-1-2019 by L.L. No. 3-2019]
(1) 
The Town Engineer will inspect construction of private rural roads and improvements for the purpose of insuring the satisfactory completion of improvements in accordance with the approved plans and specifications. It is the responsibility of the developer to notify the Town Engineer at least 48 hours prior to the completion of each phase of roadway construction described below. Additionally, the developer's professional engineer shall also inspect all important aspects of construction and his or her certification of the same shall be provided to the Town upon request and upon dedication of the improvement.
(2) 
The minimum inspection schedule shall be as follows:
(a) 
First inspection: Upon completion of cleaning the right-of-way of all brush, scrub trees, stumps and debris and completion of rough grading (before foundation course).
(b) 
Second inspection: When installation is complete of all specified materials as called for in the approved drawings and additions as directed in writing by the Town Engineer at the conclusion of the first on-site inspection.
(3) 
Noncompliance with the above inspection schedule and requirements will require the developer to furnish cross sectional cuts of the roadway as requested by the Town Engineer and repair shall be made at the developing parties' expense.
If, upon inspection, the Town Engineer discovers that the required improvements have not been constructed in accordance with the approved plans, specifications or directives from the Town Engineer, a certificate of occupancy will be withheld until such time the improvements are completed in accordance with approved plans, specifications and directives from the Town Engineer.
(4) 
The cost of inspections by the Town Engineer shall be paid by the developing parties.
(a) 
Periodic inspection of improvements as defined in "Minimum Inspection Schedule" at the standard fee charged to the Town of Saugerties by the Town Engineer, with a minimum fee based on three hours per inspection.
(b) 
Inspection fees, if required, beyond the normal schedule due to poor workmanship and/or improper materials will be paid for by the developing parties in full.