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:
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.
(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:
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.
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]
(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]