South Glens Falls City Zoning Code
ARTICLE XII
Powers of Planning Board
§ 153-43 Approval of plats.
A.
Statutory authority; powers granted by the Board of Trustees. Pursuant to the provisions of Village Law of the State of New York, the Planning Board of the Village of South Glens Falls, Saratoga County, New York, is hereby appointed and shall be constituted of membership specified by Village Law and, in addition thereto, the Board of Trustees shall have authority in its discretion to appoint one alternate member to the Planning Board. The alternate member shall have full authority to vote in any matter before the Planning Board when called upon by the Chairman of the Planning Board to fill a seat of a vacant or absent Planning Board member. The Planning Board shall be authorized and empowered to consider and approve subdivision plats for the subdivision of lands with or without streets or highways as well as those subdivision of lands within the municipality showing new streets or highways. The Planning Board shall have all authority accorded to it by the Village Law of the State of New York.
(1)
Subdivision review; purpose. For the purpose of providing for the future growth and development of the Village and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, this article authorizes the Planning Board to consider and, where appropriate, approve preliminary and final plats of subdivisions showing lots, blocks or sites, with or without streets or highways.
(2)
Authority. The Planning Board is authorized to approve the development of plats, entirely or partially undeveloped, to be filed in the office of the Clerk of Saratoga County specifying the terms and conditions of land subdivision in the municipality.
(3)
Definitions. When used in this article, the definition of terms shall be the same respective meanings as set forth in Article II of this chapter.
(4)
Approval of preliminary plats.
(a)
Submission of preliminary plats. A plat marked "preliminary plat" accompanied by an application for preliminary plat review shall be submitted to the Planning Board for consideration. Such submission shall conform to the requirements of this code.
(b)
State Environmental Quality Review compliance. The applicant and the Planning Board shall comply with the provisions of the State Environmental Quality Review Act as specified pursuant to state law, including all regulations appropriate thereto.
(c)
Receipt of a complete preliminary plat. A preliminary plat shall be complete upon a finding of a negative declaration after appropriate Planning Board review and determination, which, in appropriate cases, may require the submission of a State Environmental Quality Review Act short form, long form or draft and final environmental impact statement. The time periods imposed upon Planning Board review shall not commence until such time as the preliminary plat is deemed complete.
(d)
Planning Board as lead agency. Under the provisions of the State Environmental Quality Review Act and its regulations, the Planning Board shall determine its own status as lead agency, determine whether the application is appropriate for coordinated review, whether the application shall require a public hearing upon notice, and make appropriate findings of fact and conclusions of law with respect to a decision on matters of environmental concern, including determinations of a negative declaration or positive declaration.
(e)
Public hearing on preliminary plats and time limits applicable to consideration, review and determination. Wherever the Village Law of the State of New York or the State Environmental Quality Review Act and its regulations shall impose a time frame and standard for review and determination, the Planning Board shall conform to such requirement.
(f)
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of such preliminary plat, such plat shall be certified by the clerk of the Planning Board as having been granted preliminary approval and a copy of the plat and resolution shall be filed in such clerk's office. A copy of the resolution shall be mailed to the owner.
(g)
Filing of decision on preliminary plat. Within five business days from the date of the adoption of the resolution stating the decision of the Board on the preliminary plat, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Village Clerk.
(h)
Revocation of approval of preliminary plat. Within six months of the approval of the preliminary plat, the owner must 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.
(5)
Approval of final plats.
(a)
Submission of final plats. Final plats shall conform to the definition provided by Article II of this chapter.
(b)
Final plats in conformity with the approved preliminary plat and specifications of approval mandated by the Planning Board shall be submitted to the Planning Board for a final review and for consideration by the Planning Board by resolution, which may conditionally approve the final plat with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Chairman of the Planning Board.
(c)
Final plats when no preliminary plat was required. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration under the State Environmental Quality Review Act has been determined constituting a basis for the Planning Board to consider the submission complete.
(d)
Final plats not in conformity with Planning Board approvals. Whenever the applicant submits a final plat that fails to conform to the requirements of this article or substantially deviates from the requirements of the Planning Board's prior review and preliminary approvals, any timetables or deadlines imposed upon the Planning Board shall be suspended until such time as a conforming submission marked "final plat" is submitted by the applicant.
(e)
Procedure upon submission of a satisfactory final plat. Submission of a satisfactory final plat meeting the following minimum criteria shall be acted upon in the following manner:
[1]
A survey map prepared by a New York licensed land surveyor specifying "final plat," including all conditions, requirements and notations that may have been imposed upon the applicant by the Planning Board in any preliminary plat approval and in conformity with all requirements of Article VI of this chapter.
[2]
Public hearing on final plats and time limits applicable to consideration, review and determination. Wherever the Village Law of the State of New York or the State Environmental Quality Review Act and its regulations shall impose a time frame and standard for review and determination, the Planning Board shall conform to such requirement.
[3]
Certification and filing final plat. Within five business days of the adoption of the resolution granting approval of a final plat, such plat shall be certified by the Chairman of the Planning Board as having been granted final approval and a copy of the final plat and resolution shall be filed in the Village Clerk/Treasurer's office. A copy of the approval resolution shall be provided to the applicant.
[4]
Filing of decision on final plat. Within five business days from the date of the adoption of the resolution stating the decision of the Planning Board on the final plat, the Chairman or designee member of the Planning Board shall cause a copy of such resolution to be filed with the office of the Village Clerk/Treasurer.
[5]
Certification of final plat. Within five business days of the Planning Board receiving the approved "final plat" in the form of a Mylar copy and two paper copies, the Chairman of the Planning Board being satisfied that such submission is in substantial conformity with the final plat approval resolution, properly incorporating all specifications and conditions thereon, said Chairman shall provide a signature authorizing the filing of the final plat subdivision map by the applicant with the office of the Saratoga County Clerk, to be filed at the applicant's expense within the period specified by New York State statute.
(6)
Approval of final plat in sections. In appropriate cases and so long as an applicant's project has been considered cumulatively and without segmenting a project so as to avoid any requirements imposed by statute, code, rule or regulation, the Planning Board shall be authorized to exercise sound discretion in granting conditional or final approval of a plat in final form which allows development in two or more sections or phases. In granting a segmented or phased approval of a final plat, consideration shall be given to requiring the developer to proceed in such a manner that there will be orderly development of lots, sites, interior roads, etc. The Planning Board, in its discretion, may impose time limits reasonable and appropriate for phased development and may give consideration to requiring the developer to post a financial guarantee, bond or adequate security for the purpose of assuring completion of all phases and stages of an approved final plat.
(7)
Notice to county and state agencies, adjacent property owners and adjacent municipalities. Wherever a notice requirement is imposed upon the Planning Board by statute, rule or regulation specifying an obligation to provide notice to any county or state agency, adjacent property owners or adjacent municipalities, such notice, including notice by publication as may be provided for by statute, shall be satisfied by the Planning Board. The cost of distribution of notice shall be deemed a reasonable charge that may be imposed upon the applicant in addition to any fee imposed by Village Code or resolution.
(8)
Subdivision abandonment. The owner of an approved subdivision may abandon such subdivision pursuant to the provisions of § 560 of the Real Property Tax Law.
B.
The Board of Trustees of the Village of South Glens Falls hereby authorizes the Planning Board to approve a cluster development simultaneously with the approval of a final plat within an ARC-1 Zone. The Planning Board is hereby authorized to require the owner to submit an application for cluster development within an ARC-1 Zone subject to the criteria contained in the applicable sections of the Village Law of the State of New York, this chapter and in accordance with cluster review procedures and criteria adopted by the Planning Board.
C.
The combination or aggregation of existing Tax Map parcels for the purpose of joining adjacent and independent Tax Map parcels for common ownership into one unified parcel shall require prior review and approval of the Planning Board before the Assessor shall be permitted to aggregate or combine existing Tax Map parcels. Planning Board approval shall be contingent upon determined factors, including uniformity of ownership and mortgage lien(s), and proof that all taxes are paid on each parcel proposed for merger. The Assessor and Mapping Department shall only act upon a merger of tax parcels upon and after Planning Board approval. Any merger of existing Tax Map parcels undertaken without prior review and approval of the Planning Board shall constitute a nullity.