Whenever any subdivision of land is proposed
and before any contract for the sale or lease of or any offer to sell
or lease any lots in such subdivision or any part thereof is made
and before any permit for the erection of any structure in such proposed
subdivision shall be granted, the subdivider or his duly authorized
agent shall apply for approval of such proposed subdivision in accordance
with the following procedures.
A.
The property owner or his duly authorized representative shall initially schedule an appointment with the Zoning Enforcement Officer to informally discuss the proposed subdivision and become familiar with the requirements of this chapter, Chapter 180, Zoning, and other laws, ordinances, rules, regulations or policies of the Town of Milton, County of Saratoga or the State of New York that may be pertinent to the proposed subdivision.
B.
Discussion at the preapplication conference shall
include review of both procedural and submission requirements and
the technical application of the standards provided within the regulations
as related to lot layout and required improvements. The Zoning Enforcement
Officer shall make a recommendation to the Planning Board as to the
submissions request for a minor or major subdivision.
A.
Submission of sketch plat. The property owner or his duly authorized representative shall submit to the Clerk of the Planning Board, at least 21 days prior to the regular meeting of the Planning Board, a sketch plat application and 13 copies of a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion. If the proposed subdivision includes five or more lots, the sketch plat shall conform to the requirements listed in § 154-22 of this chapter.
B.
Classification and designation. Classification of the sketch plat is to be made at the regular meeting by the Planning Board as to whether it is a minor or major subdivision as defined in these regulations. The Planning Board may require, however, when it deems 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 plat is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 154-7 of this chapter. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 154-8 and 154-9. The Planning Board shall, based upon input provided by the applicant, also designate the name by which the subdivision shall be known.
[Amended 10-1-2014 by L.L. No. 2-2014]
C.
Study of sketch plat.
(1)
The Planning Board shall, within 62 days after submission,
determine whether the sketch plat meets the objectives of these regulations
and shall, where it deems necessary, make, in writing, specific recommendations
to be incorporated by the applicant in the next submission to the
Planning Board. In its review, the Planning Board may schedule a field
visit to the site. To facilitate the inspection of the site, the subdivider
shall have the corners of the property, proposed lot corners and the
center line of any proposed streets marked by temporary stakes. The
subdivider may be requested to accompany the Planning Board during
its site visit.
(2)
Sketch plat review requires the filing of an initial
application and payment of a fee in accordance with the subdivision
fee schedule established and annually reviewed by the Town Board upon
recommendation of the Planning Board. Sketch plat endorsement does
not allow filing of a plat with the County Clerk or authorize the
sale or lease of or any offer to sell or lease any lots in such subdivision
or any part thereof.
A.
Application and fee. Within six months of the classification by the Planning Board of a proposed subdivision as a minor subdivision, the property owner or his duly authorized representative shall submit an application for approval of a minor subdivision plat. The plat shall conform to the requirements of these regulations for a minor subdivision plat, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 154-21 of this chapter. Any application for plat approval for a minor subdivision shall be accompanied by the applicable fee in accordance with the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board. A copy of said fee schedule shall be available from the Zoning Enforcement Officer.
B.
Number of copies. The application for approval of a minor subdivision plat, complete with 13 copies of the subdivision plat and all further required data specified within § 154-21, shall be filed with the Zoning Enforcement Officer at least 21 days prior to the regular meeting of the Planning Board, at which time it shall be introduced and considered officially received by the Planning Board for purposes of these regulations.
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 minor subdivision plat.
D.
Approval procedure.
(1)
All time frames specified below must be coordinated with § 154-10, Coordination with State Environmental Quality Review Act.
(2)
Within 62 days of the receipt of the complete minor
subdivision plat application by the Planning Board, the Planning Board
shall hold a public hearing on such plat.
(3)
Notice of the public hearing shall be advertised at
least once in the official newspaper of the Town at least five days
before such hearing.
(4)
Within 62 days from the date of such public hearing,
the Planning Board shall act by resolution on the minor subdivision
plat. The Planning Board shall either approve, conditionally approve
with or without modification or disapprove the minor subdivision plat.
The Board shall specify, in writing, its reasons for any such disapproval.
In the event that the hearing is not held or if the Board fails to
disapprove the minor subdivision plat within the 62 days prescribed
above, the plat shall be deemed approved. The time in which the Planning
Board must take action may only be extended by mutual consent of the
owner and the Planning Board.
(5)
Upon a resolution of approval, two Mylar and four
copies of the minor subdivision plat shall be provided by the applicant
and properly signed by the Chairman of the Planning Board. The subdivision
plat may then be filed by the applicant in the office of the Saratoga
County Clerk. Any minor subdivision plat not so filed or recorded
within 60 days of the date upon which such plat is approved or considered
approved by reason of the failure of the Planning Board to act shall
become null and void. If conditional approval is granted, the Planning
Board shall empower the Chairman of the Planning Board to sign the
plat upon compliance with such conditions and requirements as may
be stated in its resolution of conditional approval. Within five business
days of the resolution granting conditional approval, the plat shall
be so certified by the Clerk of the Planning Board as conditionally
approved, and a copy shall be filed in the Planning Board office,
and a copy so certified shall be mailed to the subdivider. The copy
mailed to the subdivider shall include a statement of such requirements
which, when completed, will authorize the signing of the conditionally
approved plat. 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, for a period not to exceed two additional
periods of 90 days each.
A.
Application and fees.
(1)
Prior to the filing of an application for the approval of a major subdivision plat and within six months of the classification by the Planning Board of the sketch plat of a proposed subdivision as a major subdivision, the property owner or his duly authorized representative shall file an application for consideration with a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked "preliminary plat" and shall be in the form and include all the data prescribed by § 154-23 hereof. The preliminary plat shall, in all respects, comply with the requirements of §§ 276 and 277 of the Town Law and these regulations, except where a waiver of any specific requirement may be specifically requested from and authorized by the Planning Board.
(2)
Payment of a fee shall accompany all applications
for approval of a preliminary plat for a major subdivision. Said application
fee shall be in accordance with the subdivision fee schedule established
and annually reviewed by the Town Board upon recommendation of the
Planning Board.
B.
Purpose.
(1)
The preliminary plat and the supporting documents
for a proposed subdivision constitute the material to be officially
submitted to the Planning Board, and later, one copy shall become
the official record of the Town Clerk. The preliminary plat and supporting
documents shall show the layout of the subdivision and its public
improvements so that the Planning Board can indicate its approval
or disapproval of the subdivision prior to the time that the final
plat, including the final engineering design and detailing of the
public improvements and utilities, is completed. Approval of the preliminary
plat does not constitute an approval of the final plat, nor should
it be considered a valid basis for the construction of site improvements
or other commitments which depend upon its design characteristics.
(2)
The preliminary layout shall additionally serve as
a key map to subdivisions subsequently laid out in sections or phases
on final plats.
C.
Number of copies. The application for approval of the preliminary plat, complete with 13 copies of the preliminary plat, shall be filed with the Clerk of the Planning Board at least 21 days prior to the regular meeting of the Planning Board, at which time it shall be introduced and considered officially received by the Planning Board for purposes of this chapter. A proposed submission which does not include all the required drawings and documents specified within § 154-23 of this chapter shall not be accepted by the Clerk of the Planning Board.
D.
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.
E.
Study of preliminary plat. The Planning Board shall study the practicality 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 relationship to the topography of the land, water supply, sewage disposal, drainage, lot sizes and configuration, the future development to lands not yet subdivided and the requirements of the Master Plan, the Official Map and Chapter 180, Zoning.
F.
Approval procedure.
(1)
All time frames specified below must be coordinated with § 154-10, Coordination with State Environmental Quality Review Act.
(2)
Within 62 days of receipt of the complete preliminary
plat application by the Planning Board, the Planning Board shall hold
a public hearing on such preliminary plat.
(3)
Notice of the public hearing shall be advertised at
least once in the official newspaper of the Town at least five days
before such hearing.
(4)
Within 62 days of the date of such public hearing,
the Planning Board shall act, by resolution, on the preliminary plat.
The Planning Board shall either approve with or without modifications
or disapprove the preliminary plat. The Board shall specify, in writing,
its reasons for any such disapproval. The time in which the Planning
Board must take action may only be extended by mutual consent of the
owner and the Planning Board. Failure of the Planning Board to take
action on a preliminary plat within the time prescribed therefor shall
be deemed approval of the plat.
(5)
When approving a preliminary plat, the Planning Board
shall state, in writing, the modifications, if any, it deems necessary
for submission of the plat in final form with respect to the specific
changes which it will require in the preliminary plat; the extent
of waivers which may have been specifically requested and which, in
the Planning Board's opinion, may be authorized without jeopardy to
the public health, safety and general welfare; and the categories
of improvement and the estimated amount of all bonds or similar performance
guaranties which the Planning Board shall require as a requisite for
approval of the final plat. The action of the Planning Board, plus
any conditions attached thereto, shall be noted on three copies of
the preliminary plat. One copy shall be returned to the subdivider,
one copy shall be retained by the Planning Board and one copy shall
be forwarded to the Town Board through the Town Clerk. Prior to the
approval of the final 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 and fee.
(1)
Following approval with or without modifications of the preliminary plat, the property owner or his duly authorized representative shall prepare a final plat, together with all other supplementary documents, in accordance with § 154-24 of this chapter. The application for final plat approval for a major subdivision or any section thereof shall be accompanied by a processing fee in accordance with the Town's subdivision fee schedule.
(2)
The final plat and other supplementary documents shall
be filed with the Clerk of the Planning Board, together with a written
application for final approval, within 180 days after approval with
or without modifications of the preliminary plat, unless such time
limit is extended by mutual consent of the applicant and the Planning
Board.
B.
Purpose. The final plat and the supporting documents
for a proposed subdivision constitute the complete development of
the subdivision proposal. After public hearing, as required, and approval
by the Planning Board, this complete submission, along with the applicable
performance guaranty and the general liability insurance policy, as
approved by the Town Board, becomes the basis for the development
of the subdivision, the installation of required improvements and
the applicable inspection services by the Planning Board, the designated
Town Engineer or other delegated Town officials.
C.
Number of copies. The application for approval of
the final plat, complete with 13 copies of the final plat, shall be
filed with the Clerk of the Planning Board at least 21 days prior
to the regular meeting of the Planning Board, at which time it shall
be introduced and considered officially received by the Planning Board
for purposes of these regulations.
D.
Approval procedure.
(1)
All time frames specified below must be coordinated with § 154-10, Coordination with State Environmental Quality Review Act.
(2)
Within 62 days of the receipt of the final plat by the Planning Board, the Planning Board shall hold a public hearing, if required, on such final plat. Such hearing shall be advertised at least once in the official newspaper of the Town; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 154-8 of this article and modified in strict accordance with requirements of such approval, if such preliminary plat has been approved with modifications, the Planning Board may waive by resolution the requirement for such public hearing.
(3)
Within 62 days of the date of such public hearing
or from the date of receipt of the application by the Clerk of the
Planning Board if no such hearing is held, the Planning Board shall
act by resolution on the final plat. The Planning Board shall either
approve, conditionally approve with or without modification or disapprove
the final plat. The Board shall specify, in writing, its reasons for
any such disapproval. The time in which the Planning Board must take
action may only be extended by mutual consent of the owner and the
Planning Board. Failure of the Planning Board to take action on a
final plat within the time prescribed therefor shall be deemed approval
of the plat.
(4)
If conditional approval is granted, the Planning Board
shall empower the Chairman of the Planning Board 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 so certified
by the Clerk of the Planning Board as conditionally approved, and
a copy shall be filed in the Planning Board office, and a certified
copy shall be mailed to the subdivider which shall include a statement
of such requirements which, when completed, will authorize the signing
of the conditionally approved plat. Conditional approval of a plat
shall expire and the application shall be considered to have been
withdrawn 180 days after the date of the resolution granting such
approval unless the requirements have been certified as completed
within that time. Upon specific request by the applicant, 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, for a time not to exceed two additional periods of 90
days each.
E.
Final approval and filing. Upon completion of the requirements in §§ 154-9, 154-13 and 154-14 and notation to that effect upon the subdivision plat, the subdivision plat shall be deemed to warrant final approval. Two Mylar and four copies as provided by the applicant shall be properly signed by the Chairman of the Planning Board upon receipt of notification that the required performance guaranty and insurance, as may be requested, have had the approval of the Town Attorney. The final plat may then be filed by the applicant in the office of the Saratoga County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.
F.
Expiration of approval. The approval of a final plat
shall expire within 62 days after the date of the Planning Board's
resolution authorizing the Chairman of the Planning Board to sign
the drawings unless filing of the plat or a section thereof, as may
be authorized by the Planning Board, is accomplished within that time
period in the office of the Saratoga County Clerk in accordance with
§ 276 of the Town Law. Expiration of an approval shall mean
that any further action shall require submission of a new application,
payment of a new filing fee and Planning Board review of all previous
findings. On and after such expiration of plat approval, any formal
offers of cession submitted by the subdivider shall be deemed to be
invalid, void and of no effect.
G.
Filing in sections. At the time of final plat approval,
the Planning Board may permit the plat to be divided into two or more
sections, subject to any conditions the Board deems necessary to ensure
the orderly development of the plat. In accordance with § 276
of the Town Law, the applicant may file a section of the approved
plat with the Saratoga County Clerk, which section shall consist of
not fewer than 10 lots nor less than 10% of the total number of lots
shown on the approved plat. In this circumstance, plat approval on
the remaining sections of the plat shall continue in effect for a
period of three years from the filing date of the first section with
the County Clerk. When a plat is filed by section with the County
Clerk, the applicant shall, within 30 days, file with the Town Clerk
the entire approved preliminary plat. The subdivider shall not be
permitted to begin construction of buildings in any other section
until such section has been filed in the office of the Saratoga County
Clerk and the required improvements have been installed and approved
in such section or a satisfactory performance guaranty covering the
cost of such improvements has been posted.
[Added 10-25-2006 by L.L. No. 2-2006[1]]
A.
For all major and certain minor (only for minor subdivisions in which the Town Planning Board deems necessary) preliminary subdivision plats add "Stormwater pollution prevention plan: a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article I, General Provisions, of Chapter 151, Stormwater Management and Erosion and Sediment Control, and § 180-39.5, Stormwater control, of Chapter 180, Zoning, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 180-39.5, Stormwater control, of Chapter 180, Zoning. The approved preliminary subdivision plat shall be consistent with the provisions of L.L. No. 2-2006."[2]
B.
For all major and certain minor (only for minor subdivisions in which the Town Planning Board deems necessary) Final Subdivision Plat approvals add "Stormwater pollution prevention plan: a stormwater pollution prevention plan consistent with the requirements of Article I, General Provisions, of Chapter 151, Stormwater Management and Erosion and Sediment Control, and § 180-39.5, Stormwater control, of Chapter 180, Zoning, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 180-39.5, Stormwater control, of Chapter 180, Zoning. The approved final subdivision plat shall be consistent with the provisions of L.L. No. 2-2006."
C.
However, in cases where property is being subdivided
only and not developed, and where there is not immediate plan to develop
such, a stormwater pollution prevention plan shall not be required,
unless the Planning Board deems it necessary. The right is further
reserved to require a plan when the lots are actually developed.
A.
Preliminary plats, and final plats where no preliminary
plat was required, 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. The time periods
for review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
B.
When the Planning Board is the lead agency under the
State Environmental Quality Review Act (SEQRA), any public hearing
held by the Planning Board on a preliminary plat, on a final plat
where no preliminary plat was required or on a final plat which does
not substantially conform to an approved preliminary plat shall be
coordinated with the environmental review process as follows:
(1)
If the Planning Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on the plat shall be held within 62 days after the receipt of a complete
preliminary plat; or if the Planning Board determines that the preparation
of an environmental impact statement is required and a public hearing
on the draft environmental impact statement is held, the public hearing
on the plat and the draft environmental impact statement shall be
held jointly within 62 days after the filing of the notice of completion
of such draft environmental impact statement. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the plat shall be held within 62 days of filing the notice of completion.
(2)
The hearing on the plat shall be advertised at least
once in the official newspaper of the Town at least five business
days before such hearing if held independently of the hearing on the
draft environmental impact statement or 14 business days before a
hearing held jointly therewith. The hearing on the plat shall be completed
within 120 days after it has begun.
(3)
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing.
If no public hearing is held on the draft environmental impact statement,
the final environmental impact statement shall be filed within 62
days following the close of the public hearing on the plat. Within
30 days of the filing of such final environmental impact statement,
the Planning Board shall issue findings on the final environmental
impact statement and make its decision on the plat.
C.
If the Planning Board is not the lead agency under
the State Environmental Quality Review Act, any public hearing held
by the Planning Board on a preliminary plat, on a final plat where
no preliminary plat was required or on a final plat which does not
substantially conform to an approved preliminary plat shall be coordinated
with the environmental review process as follows:
(1)
The Planning Board shall, with the agreement of the
lead agency, hold the public hearing on the plat jointly with the
lead agency's hearing on the draft environmental impact statement.
Failing such agreement, the Planning Board shall hold the public hearing
on the plat within 62 days after the receipt of a complete plat by
the Clerk of the Planning Board.
(2)
The hearing on the plat shall be advertised at least
once in the official newspaper of the Town at least five days before
such hearing if held independently of the hearing on the draft environmental
impact statement or 14 business days before a hearing held jointly
therewith. 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 plat. The hearing on the final plat shall
be completed within 120 days after it has begun.
(3)
The Planning Board shall act on the plat within 62
days after the close of the public hearing on such plat.
A.
Upon the posting of a satisfactory performance guaranty or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board, in accordance with § 154-14 of this chapter, and upon Planning Board approval of the final plat, the subdivider or his successor in title may be issued building permits for the construction of buildings in accordance with the approved subdivision plat, Chapter 180, Zoning, and other applicable laws, rules and regulations.
B.
In instances where building permits have been authorized upon the posting of a satisfactory performance guaranty, the subdivider or his successor in title may not be subsequently issued certificates of occupancy for any buildings constructed in the subdivision until completion of all required improvements to Town standards and upon certification of such as required in § 154-14 of this chapter.
