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Town of Moreau, NY
Saratoga County
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Table of Contents
Table of Contents
The preliminary plat review is the first step in a two-step review process following the sketch plan conference. The Planning Board meeting for which the preliminary plat is submitted shall be separate and apart from the meeting at which final plat submission is made. The purpose of the preliminary review is as follows:
A. 
To ensure the proposed subdivision meets all requirements of the Zoning Law of the Town of Moreau.[1]
[1]
Editor's Note: See Ch. 149, Zoning.
B. 
To ensure the proposed subdivision meets all requirements of Article VIII, Design Standards, of these regulations.
C. 
To receive public comments on the proposed subdivision.
D. 
To ensure the proposed subdivision addresses all issues raised during the sketch plan conference.
E. 
To initiate formal review of the proposed subdivision.
The applicant is required to submit 10 copies of the preliminary plat application. Such application shall include the following documents and/or information.
A. 
Preliminary plat. The preliminary plat shall be laid out by a licensed professional engineer and/or a licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such preliminary plat shall be prepared at a scale of 50 feet to the inch and shall clearly show:
(1) 
The location of all existing and proposed property lines, buildings, watercourses and other important topographic features.
(2) 
Existing and proposed contours showing elevations at two-foot contour intervals and extending at least 100 feet in each direction beyond the property lines of the parcel being subdivided. Existing contours shall be as determined by an actual field survey.
(3) 
The location, names and width of all existing and proposed streets, easements, lots, building lines, wells and septic tanks and leach fields and similar facts regarding property immediately adjacent or opposite the proposed subdivision.
(4) 
A location map showing:
(a) 
The zoning district or districts in which the land to be subdivided is located.
(b) 
The property included in the proposed subdivision and all contiguous properties of the proposed subdivision and all properties which front on any contiguous street or highway and are within 500 feet of the proposed subdivision. All properties shall be identified by lot and parcel number and names of owners.
(5) 
The location and size of any existing sewers, water mains, culverts and drainpipes, electric and telephone lines, cable television, proposed sewers, water mains, culverts and drainpipes on the property or immediately adjacent to the property to be subdivided.
(6) 
The proposed arrangement and area, width and length of street frontage and setback requirements of each lot for the purpose of demonstrating to the Planning Board that the layout of streets and lots is in accordance with the requirements of the Zoning Ordinance[1] for the district or districts in which the subdivision is located.
[1]
Editor's Note: See Ch. 149, Zoning.
(7) 
All parcels of land proposed to be dedicated to the public use.
(8) 
Date, North arrow and scale.
(9) 
The title under which the proposed subdivision is to be recorded, with the names of the owner and the engineer or land surveyor who prepared the preliminary plat; the license number of the engineer or land surveyor shall be shown on the drawing.
(10) 
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SPPP) consistent with the requirements of Chapter 120 of the Code of the Town of Moreau (Chapter 120) shall be required for preliminary subdivision plat approval. The SPPP shall meet the performance and design criteria and standards in Chapter 120. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 120.
[Added 2-26-2008 by L.L. No. 1-2008]
B. 
Layout plans. Layout plans shall be prepared by a professional licensed engineer or professional licensed land surveyor with a properly executed New York State Education Department Exemption N. Such construction drawings shall be at a scale of 50 feet to the inch and shall show the following:
(1) 
The exact layout and dimensions of proposed streets, including stationing and tie-ins to the center lines of existing streets with monuments and other points as required, including a tie-in to the Saratoga County Geodetic Monumentation Network.
(2) 
The location and widths of all streets, pavements, curbs, sidewalks, easements, parks and other open spaces.
(3) 
The proposed names of all streets and radii of all curves in the street line.
(4) 
The location of all proposed utilities, including the proposed water supply, sanitary sewers, stormwater drainage system and any other proposed underground utilities.
(5) 
Proposed lot lines.
(6) 
Date, North arrow and scale.
(7) 
Title under which the proposed subdivision is to be recorded with the names of the owner and engineer or land surveyor who prepared the layout plans; license number of the engineer or land surveyor shall be shown on the drawing.
C. 
Construction details. Construction details shall be prepared by a licensed professional engineer or a licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such details shall include:
(1) 
The proposed sanitary sewer system, including pipe sizes, bedding and profiles.
(2) 
The proposed storm drainage system, including pipe sizes, bedding, catch basin and manhole details, profiles and method of disposal of collected stormwater.
(3) 
The proposed water supply system.
(4) 
Any other proposed underground utilities.
(5) 
Typical cross section of the roadway, including the right-of-way width, pavement width and depth of pavement materials and subbase, location of utilities, character and dimensions of curbs and sidewalks and side slope grading.
(6) 
Profiles, showing original ground surface at center line and both right-of-way lines of all streets and finished street surface at center lines of all streets, percentage of grades of streets, stationing and elevations of all points of curvature, points of intersection, points of tangency and of proposed sewers, drains, culverts, manholes and other features. Invert elevations and slopes of sewers and drains and both surface and invert elevations of manholes shall be indicated. Profiles shall be drawn to the scale of five feet to the inch vertical and 50 feet to the inch horizontal. The stationing shall show accurate center-line distances. The elevations of the original ground surface shall be to the nearest tenth of a foot and, of fixed points, to the nearest hundredth of a foot.
(7) 
The location and elevation of all proposed monument locations.
(8) 
Date and scale.
(9) 
The title under which the proposed subdivision is to be recorded, with the names of the owner and engineer who prepared the construction details; the license number and seal of the engineer shall be affixed to the drawing.
D. 
Clearing plan. A clearing plan shall be prepared at a scale of 50 feet to the inch. Such plan shall show the following details:
(1) 
Existing vegetation prior to any clearing of the site for site investigation purposes.
(2) 
Areas of vegetation removed from the site for investigation purposes.
(3) 
The location of roadways, underground or overhead utilities not in roadways, limits of grading, proposed location of any buildings, septic systems, wells and driveways and any other improvements which might require clearing.
(4) 
Areas where slopes are greater than 15%.
(5) 
Limits of proposed clearing of trees.
(6) 
Measures to be taken to protect remaining trees, including details.
E. 
Grading and erosion control plans. A grading plan and erosion control plan shall be prepared at a scale of 50 feet to the inch. Such plan shall show the following:
(1) 
A generalized grading and drainage plan.
(2) 
Any phasing of tree removal and/or construction.
(3) 
Proposed erosion control measures, including scheduling and phasing during the site preparation, site construction and post construction.
(4) 
Details of all erosion control measures.
F. 
Drainage report. A drainage report shall be prepared by a licensed professional engineer or a licensed landscape architect. Such drainage report shall be prepared in accordance with the design standards established under Section VIII. Design Standards, of these regulations.
G. 
Environmental report. An environmental report in accordance with the State Environmental Quality Review Act[2] describing the potential environmental impact of the proposed subdivision as required by the Town Planning Board.
[2]
Editor's Note: See Article 8 of the Environmental Conservation Law.
H. 
Statement of intent. A statement of intent shall be submitted by the applicant. Such statement shall include:
(1) 
Proof of ownership of the land to be subdivided in a form approved by the Town Attorney.
(2) 
The nature and extent of proposed street improvements.
(3) 
The nature and extent of any recreational features, parks, playgrounds, water supply, sewerage and drainage rights-of-way and easements, retention basins and other land to be dedicated to public use and the conditions under which dedication of these features is to be made to the town.
(4) 
A statement that the applicant will install all improvements in accordance with the standards prescribed by the departments of the town having jurisdiction and set all monuments as shown on the final plat thereof in such a manner as the Board may designate.
I. 
Notification of property owners. The town shall notify by registered mail all property owners of land contiguous to the proposed subdivision and property owners who front on contiguous streets or highways and are within 500 feet of the proposed subdivision. Such notification shall indicate the subdivider's intent to subdivide and the date and time of the public hearing to be held by the Planning Board.
J. 
Fees.
(1) 
The application for preliminary plat approval shall be accompanied by a fee listed on the correct Schedule of Fees for the Town of Moreau posted in the office of the Zoning Enforcement Officer.
(2) 
In addition to the fee listed on the Schedule of Fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board.
A. 
Application.
(1) 
Unless otherwise agreed upon by the Planning Board and the subdivider, the subdivider shall submit an application for preliminary plat review within 12 months after the sketch plan discussion.
(2) 
The subdivider must submit to the Planning Board, by the submission deadline date specified by the Planning Board, 10 copies of the preliminary plat application, including all drawings and reports.
(3) 
The Planning Board, at its regular monthly meeting, shall review and determine the completeness of an application for preliminary plat approval. The date of the submission of the preliminary plat shall be considered to be the date on which the Planning Board determines the application is complete and payment of the required fees have been made to the Planning Board.
B. 
Extent on preliminary plat. Approval of the preliminary plat shall include the entire subdivisions including all phases of development as presented and discussed during the sketch plan conference. If additional land is proposed to be subdivided or if the proposed preliminary plat is substantially altered from the sketch plan, the applicant shall be required to resubmit a sketch plan for discussion with the Planning Board, showing the full extent of the new subdivision prior to submitting such subdivision for preliminary plat review.
C. 
Public hearing. Within 45 days after the date of official submission of the preliminary plat, the Planning Board shall hold a public hearing, which 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 a manner as it deems most appropriate for full public consideration of such preliminary plat.
D. 
Notice. The subdivider shall display prominently on the subject property for 10 days preceding the date of the public hearing at least one sign, two feet by three feet in size and carrying a legend prescribed by the Town Planning Board, announcing the public hearing. The sign shall be in full public view from the street pavement and legible from the street. If the property is bounded by more than one street, a sign shall be placed on each street that bounds the property.
E. 
Study of preliminary plat.
(1) 
The Planning Board shall study the preliminary plat, taking into consideration the provisions of these regulations. Particular attention shall be given to the arrangement, location and design of streets and their relation to topography, water supply, sewage disposal, drainage, lot sizes and arrangement, the placement of utilities, the future development of adjoining lands as yet unsubdivided and the requirements of the Land Use Plan and Zoning Law[1] and the requirements of the State Environmental Quality Review Act.[2]
[1]
Editor's Note: See Ch. 149, Zoning.
[2]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(2) 
Prior to approval of the preliminary plat, the Planning Board shall submit copies of the proposed subdivision to the appropriate Town departments for their review and comment. If the proposed subdivision includes plans for connections to, or dedication of, water, sewer and/or roadways, the appropriate Town department head, at his or her discretion, may require technical review by a professional engineer for the Town. In addition, the Planning Board shall receive written comments from the appropriate Town department heads or the professional engineer for the Town.
[Amended 6-14-2022 by L.L. No. 3-2022]
F. 
Action on preliminary plat. The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat. Within 62 days after the completion of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat. In the event an environmental impact statement is required it shall make its own findings and its decision on the preliminary plat within 62 days after the close of the public hearing on such preliminary plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. This time period may be extended by written agreement of the subdivider and the Planning Board. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When approving a preliminary plat, the Planning Board shall state in writing such 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 signed by the Chairman or other duly authorized member of the Planning Board and certified as having been granted preliminary approval and a copy filed in the Town Clerk's office, a finding sheet mailed to the owner and a copy forwarded to the Town Board. Within six months of the approval of the preliminary plat the subdivider shall submit the plat in final form. If the final plat is not submitted within six months, approval of the preliminary plat may be revoked by the Planning Board.
[Amended 6-14-2022 by L.L. No. 3-2022]