Town of Waterford, NY
Saratoga County
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Table of Contents
Table of Contents
A. 
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 of such proposed subdivision in accordance with the following procedures.
B. 
Future resubdivision. Where a parcel or tract of land is substantially larger than the minimum size required in the zoning district in which the parcel or tract is located, it may only be subdivided twice into lots meeting the minium district requirements prior to seeking approvals as for a major subdivision according to this chapter. Upon the third subdivision application and any and all applications thereafter relative to any parcel or tract of land, a subdivision plan for the entire parcel or tract shall be required indicating plans for roadways, utilities, lot arrangements and such other specifics so as to permit future resubdivision in accordance with the requirements of this chapter.
[Added 11-12-1991]
A. 
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board, at least 10 days prior to the regular meeting of the Board, two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § A166-19 for the purposes of classification and preliminary discussion.
B. 
Discussion of requirements and classification.
(1) 
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, sewage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(2) 
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, as defined in these regulations. The Board may require, however, 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 §§ A166-5 and A166-9 of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ A166-6, A166-7, A166-8, A166-9 and A166-10.
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 it necessary, make specific recommendations, in writing, to be incorporated by the applicant in the next submission to the Planning Board.
A. 
Application and 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 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 § A166-20.
(2) 
All applications for plat approval for minor subdivisions shall be accompanied by a fee in accordance with the following schedule:
(a) 
One lot: $50.
(b) 
Two to four lots: $100.
(c) 
Five or more lots: $100, plus $20 per lot over five.
(3) 
Fees may be waived in special circumstances at the discretion of the Planning Board.
B. 
Number of copies. Ten copies of the subdivision plat shall be presented to the Clerk of the Planning Board at the time of submission of the subdivision plat.
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 considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by § A166-20 of these regulations, has been filed with the Clerk of the Planning Board at a regular meeting of the Planning Board.
E. 
Public hearing. A public hearing shall be held by the Planning Board within 45 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the town at least five days before such hearing.
F. 
Action on subdivision plat.
(1) 
The Planning Board shall, within 45 days from the date of the public hearing, act to conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.
(2) 
Upon granting conditional approval with or without modification to the plat, the Chairman and Secretary of the Planning Board shall sign the plat upon compliance with such conditions and requirements as may be stated in the Planning Board's 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 the Town Clerk's office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. Upon completion of such requirements, the plat shall be signed by the Chairman and Secretary of the Planning Board. 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 a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
A. 
Application and 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 approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "Preliminary Plat" and shall be in the form described in § A166-21 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 § A166-21 of these regulations, except where a waiver may be specifically authorized by the Planning Board.
(2) 
The applications for approval of the preliminary plat shall be accompanied by a fee in accordance with the following schedule:
(a) 
One lot: $50.
(b) 
Two to four lots: $100.
(c) 
Five or more lots: $100, plus $20 per lot over five.
(3) 
Fees may be waived in special circumstances at the discretion of the Planning Board.
B. 
Number of copies. Ten copies of the preliminary plat shall be presented to the Clerk of the Planning Board at the time of submission of the preliminary plat.
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.
[1]
Editor's Note: See Ch. 161, Zoning.
E. 
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by § A166-21 of these regulations, has been filed with the Clerk of the Planning Board at a regular meeting of the Planning Board.
F. 
Approval of the preliminary plat.
(1) 
Within 45 days after the receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing. 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. Within 45 days after the date of such hearing, the Planning Board shall approve with or without modification or disapprove such preliminary plat, and the grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Planning Board as granted preliminary approval and a copy filed in the Town Clerk's office, a certified copy mailed to the owner and a copy forwarded to the Town Board. Failure of the Planning Board to act within such forty-five-day period shall constitute approval of the preliminary plat.
(2) 
When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to:
(a) 
The modifications to the preliminary plat.
(b) 
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.
(c) 
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) 
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 design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. 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 at the public hearing.
A. 
Application for approval and fee. 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. If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
B. 
Number of copies. A subdivider intending to submit a proposed subdivision plat for the final approval of the Planning Board shall provide the Clerk of the Board with a copy of the application and three copies [one copy in ink on linen or an acceptable equal] of the plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings.
C. 
When officially submitted. The time of submission of the final subdivision plat shall be considered to be the date on which the applications for approval of the subdivision plat, complete and accompanied by the required fee and all data required by § A166-22 of these regulations, has been filed with the Clerk of the Planning Board at a regular meeting of the Planning Board.
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 State Department of Health. 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 State Department of Health shall be secured by the subdivider before official submission of subdivision plat.
E. 
Public hearing. Within 45 days of the submission of a plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing; provided, however, that, when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § A166-6 and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.
F. 
Action on proposed subdivision plat.
(1) 
The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 45 days of its receipt by the Clerk of the Planning Board if no hearing is held or, in the event that a hearing is held, within 45 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefor shall be deemed approval of the plat.
(2) 
Upon resolution of conditional approval of such final plat, the Chairman and Secretary of the Planning Board shall sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in the Town Clerk's office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final 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 a conditionally approved plat may be submitted for signature, if, in its opinion, such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
[Amended 5-7-1991; 4-7-1992]
A. 
Improvements and performance bond.
(1) 
After the Planning Board grants final approval of the subdivision plat, and before any building permits are issued, the subdivider shall follow the procedure set forth in either Subsection A(1)(a) or (b) below:
(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 letter of credit to cover the full cost of the required improvements. Any such letter of credit shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Attorney for the town 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, in its discretion, shall be set forth in the letter of credit within which required improvements must be completed.
(b) 
The subdivider shall complete all required improvements to the Town Engineer, who shall file with the Planning Board a letter signifying the 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 letter of credit or certified check covering the costs of such improvements and the costs of satisfactorily installing any improvement not approved by the Town Engineer. Any such letter of credit shall be satisfactory to the Town Board and Attorney for the town as to form, sufficiency, manner of execution and surety.
(2) 
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 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) above, then said map shall be submitted prior to 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) above, such bond shall not be released until such a 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 by the Chairman 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 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 10 days prior to commencing construction of required improvements, the subdivider shall notify the Secretary of the Planning Board, in writing, of the time when he proposes to commence construction of such improvements so that the Planning Board may cause inspection to be made by a professional engineer 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. The subdivider shall pay the fees required for the inspection by the professional engineer.
D. 
Proper installation of improvements. If the 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 report to the Town Board, Building Inspector and 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 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. Upon completion of the requirements in §§ A166-07 and A166-8 above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the Chairman and Secretary of the Planning Board and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 60 days of the date upon which such plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void.
B. 
Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed, in writing, on the plat, unless 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 records of the County Clerk.
A. 
Public acceptance of streets. 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.
B. 
Ownership and maintenance of recreation areas. 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.
[Added 10-7-2003 by L.L. No. 12-2003]
A. 
An applicant may request that the subdivision process be waived when the proposed subdivision meets all of the following conditions:
(1) 
Does not result in an additional lot being created;
(2) 
Is the conveyance of a portion of one parcel to an adjoining parcel;
(3) 
Results in lots that are equal to or exceed minimum zoning requirements;
(4) 
Does not extend a public utility.
B. 
To request such waiver, the applicant shall complete the subdivision application, submit a sketch plan in accordance with § A166-4, and submit a narrative explaining the proposed subdivision. The Planning Board may, on a case-by-case basis and at its sole discretion, elect to waive the application fee.
C. 
When such a waiver is requested, the Planning Board shall review the sketch plan and approve or deny the waiver request. Approval may be granted when it is determined that such lot line alteration would not adversely affect the site's development; adversely impact neighboring properties; alter the essential character of the neighborhood or negatively impact the health, safety or welfare of Town residents.
D. 
If the waiver is granted, the applicant shall file a survey map of the subdivision with the Saratoga County Clerk and the Town Planning and/or Building Department in accordance with § A166-8A(2). Any amendment to a previously filed map should be referenced and identified on the survey map to be filed. This survey map should have an original stamp and seal of a licensed surveyor and the signature of the duly authorized official of the Planning Board.