§ 143-3. Processing stages.

A. 

General.

(1) 

Whenever a time limit is specified in these regulations, the Board may extend the limit upon request by the owner, provided that the Board is legally empowered to do so.

(2) 

When any subdivision of land is proposed to be made within the unincorporated sections of the Town and before any contract for the sale of or any offer to sell such subdivided land or any part thereof is made and before any construction is begun and before any building permit shall be granted, the owner shall submit his subdivision for review by the Planning Board.

(3) 

Four steps are prescribed for the subdivision review process. The entire process is described in this section and the detailed requirements of each step are described in §§ 143-3, 143-4, 143-5 and 143-6.

B. 

Steps.

(1) 

Step One: (sketch plan) Preapplication conference. The purpose of this step is to determine feasibility of the project before the owner has invested a substantial amount of money. The owner shall present such information as the Board may require. The Board will inform the owner of general subdivision requirements as well as particular requirements for the subdivision under review as dictated by the Master Plan, the Official Map or other considerations.

(2) 

Step Two: Preliminary review.

(a) 

The owner shall present a preliminary submission at a Planning Board meeting. The date of the preliminary submission shall be the date of the meeting at which it is presented.

(b) 

A field walk by the Board with the owner may be required. Temporary stakes showing street center lines may be required.

(c) 

The Board shall hold a public hearing on the proposed subdivision within 45 days of the date of the preliminary submission. Notice of such public hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing, with the cost of such advertisement to be paid by the applicant. An applicant shall be required to determine the names and addresses of all owners of property who are contiguous, abutting or adjacent or who are across an established road from the proposed boundaries of the subdivision. The applicant shall advise the Town Building Department of the names and addresses of such persons. The Town Building Department shall notify, by registered or certified mail, all such persons at least 10 days prior to the meeting of the Town's Planning Board when the public hearing on such subdivision is to be held, with the cost of such mailing to be paid by the applicant.

[Amended 2-15-1994; 5-6-2002 by L.L. No. 6-2002]

(d) 

The Board shall communicate to the owner, in writing, within 45 days after the public hearing its decision concerning the preliminary submission. If the preliminary submission is approved, the Board shall express its approval as "conditional approval" and state specific modifications, if any, which shall be required in the final submission. If modifications are required, the reasons therefor shall be given.

(e) 

If the preliminary submission is disapproved, the Board will state the reasons for its disapproval.

(f) 

The action of the Board shall be noted on two copies of the preliminary submission form,  to which shall be attached reference statements of any conditions and requirements determined by the Board. One copy shall be returned to the owner and the other retained by the Board.

(g) 

If the preliminary submission is disapproved, resubmissions may be made within six months of the date of disapproval with no additional fee required. A resubmission made after six months from the date of disapproval may be treated like a new submission and require a new preliminary review and fee.

(3) 

Step Three: Final review.

(a) 

If the preliminary submission is approved, the owner, within six months of the date of conditional approval, shall present a final submission at a Planning Board meeting.

(b) 

In the event that a final submission of the entire subdivision or part of it is not made within six months from the date of conditional approval, the application may be considered withdrawn and any conditional approval or waivers of required improvements by the Board may be considered lapsed.

(c) 

The date of the final submission shall be the date of the meeting at which it is presented.

(d) 

The final submission shall conform to the approved preliminary submission and shall contain any modifications specified by the Board. If desired by the owner, it may include only that portion of the approved preliminary plat which he proposed to record and develop at that time, provided that such portion conforms to all requirements of these regulations.

(e) 

The owner shall submit a letter of credit or performance bond at the time of final submission to cover the full cost of required improvements. The amount of the letter of credit or performance bond shall be determined by a construction cost estimate prepared by the owner and approved by the Town or its authorized representative.

(f) 

The Board shall hold a public hearing on the proposed subdivision within 45 days of the date of the final submission. Notice of such public hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing, with the cost of such advertisement to be paid by the applicant.

[Amended 5-6-2002 by L.L. No. 6-2002]

(g) 

Within 45 days from and after the time of the public hearing, the Board shall approve, modify and approve, grant conditional approval or disapprove the final submission and communicate its decision to the owner, in writing.

(h) 

Under certain conditions, the Board may waive this second hearing and final subdivision fees. In the event that the hearing is waived, Board action shall be within 45 days of submission.

[Amended 5-6-2002 by L.L. No. 6-2002]

(i) 

If the final submission is approved by the Board, an appropriate notation to that effect shall be made on the face of the original or tracing cloth prints of the final plat submitted to the Board. One copy shall be returned to the owner, and one copy shall be retained by the Board for its records.

(j) 

The owner shall file the approved final plat with the County Clerk within 30 days after approval by the Board. If the final plat is not filed within this time, the approval shall expire, as provided in the Town Law.

(k) 

The owner may obtain building permits and begin building construction only after filing of the final plat.

(l) 

If the final submission is disapproved, resubmissions may be made within six months of the date of disapproval with no additional fee required. A resubmission made after six months from the date of disapproval may be treated like a new submission and require a final review and fee.

(4) 

Step Four: Final inspection and as-built drawings.

(a) 

Upon approval of the final submission and after the construction of houses is substantially completed, the owner shall construct the street pavement wearing course in accordance with the final approval and the subdivision regulations at a time authorized by the Town. Minor changes from the development map and plan/profiles as required by conditions of the work site may be allowed in the actual construction.

(b) 

Upon completion of construction, a final inspection shall be held by the Town. When construction has been approved, final plats and plan/profiles shall be corrected by the owner to show all construction "as-built." The letter of credit or performance bond may be reduced by the Town as construction progresses. It shall not be reduced to less than the amount determined for that construction which is still uncompleted, plus 20% of the amount determined for that construction which is completed and approved. It shall be kept in effect for one year after the final inspection or until 75% of the total lots within the subdivision have been developed, whichever is greater. It shall then be released, provided that the owner has prepared as-built plans.

C. 

Lot line alterations.

[Added 5-6-2002 by L.L. No. 6-2002]

(1) 

An applicant may request that Steps 2 through 4 of the subdivision process be waived when a proposed minor subdivision meets all of the following conditions:

(a) 

Does not result in an additional lot being created;

(b) 

Is the conveyance of a portion of one parcel to an adjoining parcel;

(c) 

Results in lots that are equal to or exceed the minimum zoning requirements;

(d) 

Does not extend a public road or public utilities.

(2) 

To request such a waiver, the applicant shall complete the subdivision application, which shall include a sketch plan showing lot line alterations in accordance with § 143-3B(1), and submit a narrative explaining the proposed subdivision. An applicant shall be required to determine the names and addresses of all owners of property who are contiguous, abutting or adjacent or who are across an established road from the proposed boundaries of the subdivision. The applicant shall advise the Town Building Department of the names and addresses of such persons. The Town Building Department shall notify, by registered or certified mail, all such persons of the proposed lot line adjustment at least 10 days prior to the meeting of the Planning Board when such application shall be considered, with all cost of such mailing to be paid by the applicant.

(3) 

Fees.

(a) 

Fees. A fee shall be paid with the waiver request, which shall be as set forth in Table A to Chapter 88. If the waiver is not granted, the fees that have been paid are not refundable, but may be applied toward any subdivision review fees that may be incurred should the subdivision review be carried forward.

[Amended 12-2-2002 by L.L. No. 9-2002; 11-3-2010 by L.L. No. 9-2010]

(b) 

If the waiver is not granted, the fees not refundable, but may be applied toward any subdivision review fees that may be incurred should the subdivision review be carried forward.

(4) 

The Planning Board shall review the application and approve or deny the waiver request. Approval may be granted when it is determined that such lot line alteration would not:

(a) 

Adversely affect the site's development;

(b) 

Adversely impact neighboring properties;

(c) 

Alter the essential character of the neighborhood; and/or

(d) 

Negatively impact the health, safety or welfare of Town residents.

(5) 

If the waiver is granted, the applicant shall within 45 days file a final plat of the subdivision with the Saratoga County Clerk and the Town Planning and/or Building Department in accordance with § 143-6B(1) and 143-6B(2). Any amendment to a previously filed map should be referenced and identified on the survey map to be filed. The survey map should have an original stamp and seal of a licensed surveyor and the signatures of the duly authorized official of the Planning Board.

(6) 

If the Planning Board denies the request for a waiver, the applicant may initiate a full subdivision review proceeding with the submission requirements as outlined in this Article II.

D. 

Administrative lot line alteration.

[Added 8-21-2017 by L.L. No. 5-2017]

(1) 

Eligibility criteria for administrative lot line alteration.

(a) 

Administrative lot line alterations may be granted by the Town of Malta Building and Planning Coordinator, without the need to come before the Town of Malta Planning Board for approval, where the conditions and requirements of this section are met.

(b) 

The following shall not be eligible for an administrative lot line alteration:

[1] 

Where such alteration would create a new parcel.

[2] 

Where such alteration would increase the number of parcels within a previously approved subdivision. (Note, however, that two or more parcels may be consolidated to avoid any overall increase.)

[3] 

Where such alteration would create the need for a new street.

[4] 

Where such alteration would create the need for new or additional public improvements (such as sewer or water infrastructure).

[5] 

Where such alteration would change the boundaries of any property partially or wholly located within the Town's R-4 or R-6 Zoning Districts.

[6] 

Where such alteration would violate a condition of, or be otherwise inconsistent with, a prior municipal approval.

(2) 

Procedure for administrative lot line alteration.

(a) 

Where the above criteria are met, a property owner or designated agent may make application for an alteration directly to the Town of Malta Building and Planning Department. Such applicant shall include the following:

[1] 

Proof of ownership or agency designation signed by the owner authorizing the making of such application.

[2] 

A brief letter explaining the requested relief and the need for such relief.

[3] 

The approved subdivision map.

[4] 

A new subdivision map depicting the requested relief [i.e., the new location of the lot line(s)].

[5] 

Payment of the applicable application fee.

(b) 

The Town Building and Planning Coordinator shall make a determination as to whether such alteration shall be made based upon his/her consideration of the substantive criteria below.

(c) 

Should such administrative lot line alteration be granted, a new subdivision map prepared by a qualified surveyor and depicting the requested alteration shall be presented to the Town Building and Planning Coordinator for signature. After it is executed, said subdivision map shall be filed in the County Clerk's office.

(3) 

Lot line alteration substantive criteria.

(a) 

The alteration shall not cause a parcel to contain insufficient area or dimensions such that it would violate any requirements of the Malta Town Code. However, this shall not prevent approval of an alteration where an involved parcel is nonconforming as to such dimensional requirements prior to the alteration and the proposed alteration does not further increase the degree of nonconformity.

(b) 

The alteration shall not cause any existing or proposed building or structure to come into violation of the Malta Town Code. However, this shall not prevent the approval of an alteration where an existing building or structure located on an involved parcel is nonconforming under the Zoning Code prior to the alteration and the proposed alteration will not further increase the degree of nonconformity.

(c) 

The alteration shall not cause any public improvement, parcel or building to be in violation of the Town design and construction standards. However, this shall not prevent administrative approval of an alteration where such public improvement, parcel or building is already nonconforming under provisions of Town Code prior to the alteration and the proposed alteration will not further increase the degree of nonconformity.

(d) 

The alteration shall not create a new street or modify the configuration, alignments, profiles or boundaries of existing streets, whether such streets are public or private.

(e) 

The alteration shall not eliminate or modify the configuration, alignments, number or profiles of driveways or other points of vehicular access serving affected parcels and/or associated easements.

(f) 

The alteration shall not eliminate or modify the configuration, alignments, locations or capacities of public improvements, including those related to water and sewer infrastructure and their associated easements.

(g) 

The alteration shall not eliminate or modify the configuration, alignments, profiles or capacities of storm sewers and other stormwater management improvements and/or associated easements.

(h) 

The alteration shall not eliminate or modify parking spaces upon affected parcels, whether these are constructed or depicted on a site plan and held in reserve as a contingency (land banked).

(i) 

If approved, the affected lots shall continue to remain in compliance with all conditions imposed at the time of any previous subdivision affecting such lots unless and until any such condition is modified or removed by the Planning Board.

(j) 

If approved, the affected lots shall continue to be subject to the supplemental Town-wide environmental impact statement or related statement of findings in the same manner as they were prior to alteration pursuant to this chapter.

(4) 

Expiration. An approved subdivision map reflecting an approved administrative lot line alteration shall be filed in the Saratoga County Clerk's office within 62 days from the date of signature of the Building and Planning Coordinator and delivery to the applicant. Failure to file the map within this period shall constitute expiration of approval.

(5) 

Appeals. Prior to the adoption of this section, all lot line alterations were subject to discretionary Planning Board review authority. The purpose of this section is to provide an administrative review option to landowners whose applications meet the requirements of this section. The Town Building and Planning Coordinator's determination pursuant to this section does not constitute a zoning determination or interpretation subject to review by the Zoning Board of Appeals, nor does it constitute a discretionary, final determination appealable pursuant to Article 78 of the Civil Practice Law and Rules. Applicants denied an administrative approval pursuant to this section shall have the right to apply directly to the Town Planning Board for approval. The determination of the Planning Board is subject to review in accordance with Article 78 of the Civil Practice Law and Rules and the Malta Town Code.

Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

E. 

Fees, contributions and costs. The Town Board of the Town of Malta may institute, modify or eliminate any fee, cost or contribution under this chapter by resolution.

[Added 7-6-2004 by L.L. No. 8-2004]