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 shall make application
for and receive final approval of such proposed subdivision in accordance
with the following procedures.
A.
Submission of sketch plan.
(1)
Prior to any subdivision of land, the subdivider shall submit to the Clerk of the Planning Board at least 14 days prior to a meeting of the Board 10 copies of a sketch plan of the proposed subdivision, complying with the requirements of Article VI, § 150-23, for the purpose of classification and preliminary discussion.
[Amended 10-2-2001 by L.L. No. 2-2001]
B.
Discussion of requirements and classification.
(1)
After submission of a sketch plan, the subdivider
shall meet with the Planning Board to discuss the requirements of
these regulations, including those relating to street design and construction,
placement of utilities, drainage, sewage, water supply, fire protection,
and parks and open space areas, 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. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in §§ 150-6 and 150-10 of this article. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 150-7, 150-8, 150-9, 150-10 and 150-11 of this article. The Board shall also determine at this time whether the subdivision shown by the sketch plan is a regional subdivision and thereby subject to the special requirements of Article V.
C.
Planning Board recommendations. The Planning Board
shall study the sketch plan in conjunction with the individual and
composite Resource Limitations Map to determine if the proposed subdivisions
are in areas where there are severe limitations to development. The
Planning Board shall make advisory recommendations.
A.
Application and fee.
(1)
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for minor subdivision plat approval within six months after classification of the subdivision shown by the sketch plan as a minor subdivision by the Planning Board, and the Board's recommendations thereon. Failure to do so within such time period may require resubmission of the sketch plan to the Planning Board. The application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article VI, § 150-24 hereof, and the plat shall conform to the layout shown on the sketch plan, reflecting any recommendations made by the Planning Board.
(2)
All applications for minor subdivision plat approval
shall be accompanied by a fee of $40, plus $10 for each lot over two
lots.
[Amended 10-2-2001 by L.L. No. 2-2001]
B.
Number of copies. Ten copies of the application for
minor subdivision plat approval shall be presented to the Clerk of
the Planning Board at the time of submission of the subdivision plat.
[Amended 10-2-2001 by L.L. No. 2-2001]
C.
Planning Board meeting. The subdivider, or his duly
authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
D.
Date of official submission. The date of the submission
of the subdivision plat shall be considered to be the date on which
both a completed application for minor subdivision plat approval and
the required fee have been filed with the Clerk of the Planning Board.
A certificate of the Clerk shall be issued to the subdivider, certifying
the official date of submittal. The Clerk shall include as part of
the minor subdivision application the minor subdivision checklist.
[Amended 4-17-1985]
E.
Public hearing. A public hearing shall be held by
the Planning Board within 45 days from the date of official submission
of the subdivision plat approval. Such hearing shall be advertised
at least once in a newspaper of general circulation in the town at
least five days before such hearing. As per Section 807-2-g of the
Adirondack Park Agency Act, the Planning Board may waive the public
hearing, except that a subdivision may not be disapproved without
a public hearing.
F.
Action on minor subdivision plat.
(1)
Not more than 45 days after the completion of the
public hearing, the Planning Board shall, by resolution, conditionally
approve, disapprove, or grant final approval and authorize the signing
of the minor subdivision plat. This time period may be extended by
written agreement of the subdivider and the Planning Board. Failure
of the Planning Board to act within such a time shall constitute final
approval of the plat. A certificate of the Clerk certifying failure
to take action (hence approval) shall be issued to the subdivider
on demand. The grounds for a disapproval, or conditional approval,
shall be explicitly set forth in the Board's decision.
(2)
In making its decision, the Board shall apply the standards and requirements set forth in Article IV, General Requirements and Design Standards insofar, as those standards are pertinent to the proposed subdivision. The Board at its discretion may require the subdivider to satisfy the provisions of § 150-9 of this article with respect to any required improvements associated with the proposed subdivision.
(3)
Upon granting conditional approval of the plat, the
Planning Board shall empower a duly designated officer to sign the
plat upon compliance with such conditions and requirements as may
be stated in its 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 his 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 deemed to have received final
approval, and such administrator shall sign the plat accordingly.
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 under the circumstances, for one or two additional periods
of 90 days each.
A.
Application and fee.
(1)
Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for preliminary plat approval within six months after classification of the subdivision shown by the sketch plan as a major subdivision. The application shall be on a form provided by the Clerk of the Planning Board and shall include the elements described in Article VI, § 150-25 hereof, and the plat shall conform to the layout shown on the sketch plan, reflecting any recommendations made by the Planning Board.
(2)
The application for preliminary plat approval shall
be accompanied by a fee of $25, plus $5 per lot.
B.
Number of copies. Five copies of the application for
preliminary plat approval shall be presented to the Clerk of the Planning
Board at the time of submission of the preliminary plat.
C.
Planning Board meeting. The subdivider or his duly
authorized representative shall attend the meeting of the Planning
Board to discuss the preliminary plat.
D.
Date of official submission. The date of submission
of the preliminary plat shall be considered to be the date on which
both a completed application for preliminary plat approval and the
required fee have been filed with the Clerk of the Planning Board.
A certificate of the Clerk shall be issued to the subdivider certifying
the official date of submittal.
E.
Study of preliminary plat. The Planning Board shall
study the preliminary plat, taking into consideration the provisions
of these regulations, the requirements of the community, and the best
use of the land being subdivided. 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 the Zoning Ordinance.[1]
F.
Action on preliminary plat.
(1)
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 manner as it deems most appropriate for full public consideration
of such preliminary plat. Within 45 days after the completion of such
hearing the Planning Board shall approve, with or without modification,
or disapprove such preliminary plat. 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 certified by the Clerk of the Planning Board as granted
preliminary approval and a copy filed in the 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 45 days or otherwise
agreed upon period shall constitute approval of the preliminary plat.
A certificate of the Clerk of the Planning Board certifying failure
to take action (hence approval) shall be issued to the subdivider
on demand.
(2)
When granting approval to a preliminary plat, the
Planning Board shall state the terms of such approval, if any, with
respect to (1) the modifications to the preliminary plat, (2) the
character and extent of any 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,
(3) the amount of improvement or the amount of all bonds therefor
which it will require as prerequisite to subdivision plat approval.
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, and as a guide to
the preparation of the subdivision plat.
A.
Application. Unless otherwise agreed by the Planning Board and the subdivider, the subdivider shall submit an application for major subdivision plat approval within six months after preliminary plat approval. Failure to do so within such time period may require resubmission of the preliminary plat to the Planning Board. The application shall be on a form provided by the Clerk of the Planning Board, and shall include the elements described in Article VI, § 150-26, hereof, and the plat shall conform to the preliminary plat, as modified by the Planning Board if such preliminary plat was approved with modifications.
B.
Number of copies. Five copies of the application for
major subdivision plat approval shall be presented to the Clerk of
the Planning Board at the time of submission of the subdivision plat.
C.
Date of official submission. The date of submission of the final subdivision plat shall be considered to be the date on which a completed application for approval of the subdivision plat, including any endorsements required by Subsection D of this section, have been filed with the Clerk of the Planning Board. A certificate of the Clerk shall be issued to the subdivider certifying the official date of submittal. The Clerk shall include as part of the major subdivision application the major subdivision checklist.
[Amended 4-17-1985]
D.
Endorsement of state and county agencies. Evidence
shall be supplied that any proposed water supply and sewage disposal
facilities associated with the subdivision plat requiring approval
by the Department of Environmental Conservation and/or New York State
Department of Health have received at least preliminary approval(s)
of such facilities.
E.
Additional or second public hearing. Within 45 days of the date of official submission of the subdivision plat for approval, the Planning Board shall require a public hearing. 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 § 150-7 of this article, and modified in accordance with requirements of such approval, if such preliminary plat was approved with modification, the Planning Board may waive the requirement for such public hearing.
F.
Action on major subdivision plat.
(1)
Within 45 days of the date of official submission
of a subdivision plat, if no hearing is held, or in the event a hearing
is held, not more than 45 days after the completion of such hearing,
the Planning Board shall by resolution conditionally approve, disapprove,
or grant final approval and authorize the signing of such plat. This
time period may be extended by written agreement of the subdivider
and the Planning Board. Failure to take action on a final plat within
such time period shall constitute final approval of the plat. A certificate
of the Clerk of the Planning Board certifying failure to take action
(hence approval) shall be issued to the subdivider on demand.
(2)
Upon granting conditional approval of the final plat,
the Planning Board shall empower a duly designated officer to sign
the plat upon compliance with such conditions and requirements as
may be stated in its resolution of conditional approval. 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 his
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 to the satisfaction
of the duly designated officer of the Planning Board, the plat shall
be deemed to have received final approval, and such officer shall
sign the plat accordingly. 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
one or two additional periods of 90 days each.
A.
Provisions for recreation.
(1)
Before the approval by the Planning Board of a plat
showing lots, blocks or sites, with or without streets or highways,
such plat shall also show in proper cases and when required by the
Planning Board, a park or parks suitably located for playground or
other recreational purposes. If the Planning Board determines that
a suitable park or parks of adequate size can not be properly located
in any such plat or is otherwise not practical, the Board may require
as a condition to approval of any such plat a payment to the town
of a sum to be determined by the Town Board, which sum shall constitute
a trust fund to be used by the town for a neighborhood park, playground,
or recreation purposes or other municipal improvements including the
acquisition of property.
(3)
In the event that the utilization of this section
results in a plat showing lands available for park, recreation or
other municipal purposes directly related to the plat, or in a plat
showing lands to be retained in open space in order to comply with
the average density of lots or dwelling units that is permitted in
the zoning district wherein such lands lie, the Planning Board may
establish in the case of lands for park, recreation or other municipal
purpose, such conditions on the ownership use and maintenance of such
lands for their intended purposes, and may further, in the case of
lands to be retained in open space, require that such lands be restricted
by deed restriction, restrictive covenant, conveyance of a scenic
easement, or other conservation restriction to the town, or other
appropriate means against development of land use inconsistent with
their retention.
B.
Improvements and performance bond. Before the Planning Board grants final approval of a major subdivision plat, the subdivider shall follow the procedure set forth in Subsection B(1) and in either Subsection B(2) or (3) below:
(1)
The subdivider shall file with the Building Inspector
a schedule of construction of all improvements and cost estimates
for those improvements. The Building Inspector shall then request
costs for inspection services of all improvements from a professional
engineer, surveyor, architect, or landscape architect. The subdivider
will then deposit with the Town Clerk a certified check for the cost
of those inspection services related to the construction of all improvements
for the subdivision. These moneys will be set in a special account
from which inspection services will be paid. At regular intervals
during active project construction, the professional engineer, surveyor,
architect, or landscape architect will visit the site and provide
construction reports to the Building Inspector. These construction
reports shall detail construction progress and note observed deviations,
changes or discrepancies from the approved plans.
(2)
The subdivider shall either file with the Town Clerk
a certified check to cover the full cost of the required improvements,
a letter of credit defined herein sufficient to cover the full cost
of the required improvements, 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
§ 277 of the Town Law and further, shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety. A period of three years shall be set forth
in the bond or letter of credit within which required improvements
must be completed.
(3)
The subdivider shall complete all required improvements
to the satisfaction of the Zoning Administrator 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
certified check, letter of credit or performance bond covering the
cost of satisfactorily completing such improvements. Any such bond
shall be satisfactory to the Town Board and Town Attorney as to form,
sufficiency, manner of execution and surety.
(4)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Zoning Administrator and a map has been submitted to the Planning Board indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B(2), then this map shall be submitted prior to final approval of the plat. If the subdivider elects to provide a bond, letter of credit or certified check for required improvements as specified in Subsection B(1) and (2), such bond shall not be released until such a map is submitted.
C.
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 Zoning Administrator
that unforeseen conditions make it necessary or desirable to modify
the location or design of such required improvements, the Zoning Administrator
may, upon approval by a previously delegated member 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 amount to a waiver or substantial alteration of any improvements
required by the Board. The Zoning Administrator shall issue any authorization
under this subsection in writing and shall transmit a copy of such
authorization to the Planning Board at their next regular meeting.
D.
Installation of improvements. If the Zoning Administrator
shall find, upon inspection of the improvements performed before the
expiration date of any performance bond, that any of the required
improvements have not been constructed in accordance with approved
plans and specifications filed by the subdivider or any conditions
of the Planning Board's approval, he shall so report to the Town Board
and the Planning Board. The Town Board shall then 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.
E.
Waiver of security. The Planning Board, after consultation
with the Town Board and the Town Attorney, may waive the requirements
for a performance bond or certified check covering the cost of required
improvements in the proposed subdivision. The Town Board and Town
Attorney shall issue a response to the Planning Board in writing within
30 days of the request.
A.
Final approval and filing.
(1)
Upon receiving final approval pursuant to § 150-6 or § 150-8 of this article and being properly signed by the duly designated officer of the Planning Board or upon receiving a certificate from the Town Clerk as to the Planning Board's failure to act within the prescribed time period, a subdivision plat may be filed or recorded in the office of the Clerk of Warren County.
(2)
Any subdivision plat not so filed or recorded within 60 days of the date of such final approval shall become null and void. In addition to such filing or recording, in the case of a Class B Regional Subdivision, a copy of the permit issued under Article V shall be recorded by the subdivider within 60 days in the Adirondack Park Agency Regional Project Permit Book in the office of the Clerk of Warren County.
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 a duly designated
officer thereof has signed the plat, unless such plat is first resubmitted
to the Planning Board and such Board approves in writing any modifications.
In the event that any such modified or revised subdivision plat is
recorded without complying with this requirement, such recording shall
be 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. Under no circumstances
shall any proposed right-of-way be accepted by the town without the
prior written approval of both the Town Highway Superintendent and
the County Commissioner of Public Works.
B.
Ownership and maintenance. When a park, playground,
or other recreation area or open space shall have been shown on a
plat, the approval of the 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.
Whereas, pursuant to a resolution of the Town
Board, the Planning Board has been empowered to modify the minimum
lot area and minimum lot width requirements of the Zoning Ordinance[2] in accordance with the provision of § 278 of
the Town Law, in order to enable and encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land to facilitate the adequate and economic use of streets
and utilities and to preserve the natural and scenic qualities of
open lands, the following shall be the standards and procedures:
A.
Standards:
(1)
No such modification by the Planning Board shall result
in a greater overall density of lots or dwelling units than is permitted
in the zoning district wherein such lands lie, as specified in the
Zoning Ordinance.[3]
(3)
The minimum acreage to which this section may be applicable
shall be five times the minimum lot area for the zoning district involved.
(4)
Cluster development or condominiums in zones contiguous
to Lake George and Trout Lake shall meet a two-hundred-fifty-foot
minimum housing unit setback from the shoreline, and the density shall
be the same as single detached units in that zone.
[Amended 4-17-1985]
B.
Procedures:
(1)
Request by Planning Board. A cluster design alternative
shall be required if the characteristics of the site include any of
the following:
(a)
A significant wildlife or plant habitat exists
on the site or may be impacted by the development of the site.
(b)
Wetlands occupy over 25% of the site or where
streams are crossed by the development of the site.
(c)
Slopes greater than 15% occupy over 50% of the
site.
(d)
Slopes greater than 25% occupy over 25% of the
site.
(e)
Soils with a percolation rate of less than .06
inches or greater than six inches per hour occupy over 25% of the
site.
(f)
Soils with depth to bedrock at 18 inches or
less occupy over 25% of the site.
(g)
Soils with depth to seasonal high water table
of 40 inches or less occupy over 25% of the site.
(h)
Sites exposed to views from Lake George.
(3)
Alternate sketch plan. A subdivider shall present
along with a proposal utilizing the provisions of this section, an
alternate sketch plan, with lots meeting the minimum lot area, minimum
lot width, and minimum shoreline lot width requirements of the Zoning
Ordinance.[5]
(4)
Plat submission. Upon determination by the Planning
Board that the sketch plan utilizing the provisions of this section
is suitable, the procedures attendant to and subsequent to the sketch
plan submission, as set forth in this article, shall be followed in
regular order.
(5)
Local filing, notation on Zoning Map. Any subdivision plat finally approved which involves modifications as provided for in this section shall be filed, in addition to the filing required by Article III, § 150-10 hereof, with the Town Clerk, who shall make appropriate notation and reference thereto on the Town Zoning Map.[6]
A.
Application fees. The application for sketch plan
review, minor subdivision plat review, major subdivision preliminary
plat review and major subdivision final plat review shall be accompanied
by a fee figured according to the schedule determined by the Town
Board.
B.
Professional review fees. In addition to the other
fees provided for herein, the Zoning Administrator or Planning Board
may charge an additional fee to developers of projects requiring legal
and/or technical review. The fee charged to the project developer
shall reflect the actual costs of reasonable and necessary legal and
technical assistance.
