[HISTORY: Adopted by the Board of Trustees of the Village of East
Aurora as Ch. 81 of the 1972 Code. Amendments noted where applicable.]
A.
This chapter is enacted to establish the procedure to
be followed in considering applications relative to the subdivision of land
within the Village of East Aurora.
B.
This chapter is enacted pursuant to the Municipal Home
Rule Law and is intended to modify § 7-728 of the New York State
Village Law to grant to the Village Board of Trustees the authority to review
and approve subdivision.
C.
The purpose of this chapter is to provide for future
growth and development of the Village and afford adequate facilities for the
housing, transportation, distribution, comfort, convenience safety, health
and welfare of the population of the Village.
When used in this chapter, the following terms shall have the respective
meanings set forth herein except where the context shows otherwise:
- CONDITIONAL APPROVAL OF A FINAL PLAT
- Approval by the Village Board of a final plat subject to conditions set forth by the Village Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Village Board and recording of the plat in the office of the County Clerk as herein provided.
- FINAL PLAT
- A drawing in accordance with § 227-14 that shows a proposed major subdivision, containing such additional detail information required to be shown on a preliminary plat and the modifications, if any, required by the Village Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved.[Added 12-21-1998 by L.L. No. 9-1998]
- FINAL PLAT APPROVAL
- The signing of a plat in final form by the Village Board pursuant
to the Village Board's resolution granting final approval to the plat
or after conditions specified in a resolution granting conditional approval
of the plat are completed. Such final approval qualifies the plat for recording
in the office of the County Clerk in the county in which such plat is located.[Amended 3-14-2006 by L.L. No. 1-2006]
- MAJOR SUBDIVISION
- Any subdivision that is not a minor subdivision, including, but not limited to, division of a parcel of land into four or more lots as defined in § 285-8 of this Code, or any division of parcel of land requiring extension of public streets and/or infrastructure. The provisions of §§ 227-4 to 227-20 of this chapter shall apply to major subdivisions.[Added 12-21-1998 by L.L. No. 9-1998]
- MINOR SUBDIVISION
- Any subdivision containing two or three lots as defined in § 285-8 of this Code and not requiring the extension of public streets and/or infrastructure. The provisions of §§ 227-18 and 227-21 of this chapter shall apply to minor subdivisions.[Added 12-21-1998 by L.L. No. 9-1998]
- PRELIMINARY PLAT
- A drawing prepared in accordance with § 227-6 showing the layout of a proposed major subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and detail.[Added 12-21-1998 by L.L. No. 9-1998]
- PRELIMINARY PLAT APPROVAL
- The approval of the layout of a proposed major subdivision as set
forth in a preliminary plat, but subject to the approval of the plat in final
form in accordance with the provisions of this chapter.[Added 12-21-1998 by L.L. No. 9-1998]
- SUBDIVISION
- The division of any parcel of land into a number of lots, blocks
or sites as specified herein, with or without streets or highways, for the
purpose of sale, transfer of ownership or development. A subdivision shall
be either a major or minor subdivision.[Added 12-21-1998 by L.L. No. 9-1998]
[Amended 12-21-1998 by L.L. No. 9-1998; 3-14-2006
by L.L. No. 1-2006]
A.
Major subdivision filing fee. A fee as set forth in Chapter 137, Article II, of this Code is to be paid to the Village Clerk by the subdivider at the time of his application for approval of the preliminary plat. The purpose of the filing fee is for the partial defrayal of administrative and advertising costs connected with the processing of major subdivision applications. The major subdivision charge provided for herein shall be in addition to any and all other fees required to be paid by the Code of the Village of East Aurora.
A.
Prior to the filing of a preliminary plat for approval,
a subdivider may submit to the Village Board general site information, as
location map and a sketch plan, with a request for informal consideration
and advice. This step does not require a formal application and does not require
the payment of the filing fee or the filing of a plat. The purpose of this
procedure is to afford a subdivider an opportunity to consult early and informally
with the Village Board before preparation of the preliminary plat in order
to save time and money and to make the most of opportunities for desirable
development.
B.
The location map shall identify the location of the proposed
subdivision in relation to major streets, adjacent subdivisions and other
prominent landmarks.
C.
The sketch plan shall show in simple sketch form the
proposed layout of streets, lots and other features in relation to existing
conditions as well as scale, north point and date. The sketch plan may be
a freehand pencil sketch made directly on a print of the topographic survey.
United States Geological Survey topographic data is acceptable for the sketch
plan.
D.
General site information shall describe or outline the
existing conditions of the site and the proposed development to the extent
necessary to supplement the location map and sketch plan. A subdivider shall
be prepared to discuss existing covenants, land characteristics, available
community facilities and utilities and information describing the subdivision
proposal such as the number of residential lots, typical lot width and depth,
price range, business areas, playgrounds, parks and other public areas, proposed
protective covenants and proposed utilities and street improvements.[1]
[1]
Editor's Note: Former Subsection E, requiring the Board to submit
a memorandum of its meeting, which immediately followed this subsection, was
deleted 3-14-2006 by L.L. No. 1-2006.
A.
Submission of preliminary plats. All plats shall be submitted
to the Village Board in final form, provided, however, that where the Village
Board has been authorized to approve preliminary plats, the owner may submit
or the Village Board may require that the owner submit a preliminary plat
for consideration. Such a preliminary plat shall be clearly marked "preliminary
plat" and shall conform to the definition provided in this section.
B.
The Village Board shall comply with the provisions of
the State Environmental Quality Review Act under Article Eight of the Environmental
Conservation Law and its implementing regulations.
C.
The Village Board shall forward such preliminary plat
to the Planning Commission for its review and recommendation.
D.
Receipt of a complete preliminary plat. A preliminary
plat 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 in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of a preliminary plat shall
begin upon filing of such negative declaration or such notice of completion.
E.
Public hearing on preliminary plats. The time within
which the Village Board shall hold a public hearing on the preliminary plat
shall be coordinated with any hearings the Village Board may schedule pursuant
to the State Environmental Quality Review Act, as follows:
(1)
If such Board determines that the preparation of any
environmental impact statement on the preliminary plat is not required, the
public hearing on such plat shall be held within 62 days after the receipt
of a complete preliminary plat by the Village Board; or
(2)
If such Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the preliminary 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 in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental impact
statement, the public hearing on the preliminary plat shall be held within
62 days of filing the notice of completion.
F.
Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if no hearing is held
on the draft environmental impact statement, or 14 days before a hearing held
jointly therewith. The Village 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. The hearing on the preliminary plat shall be closed
upon motion of the Village Board within 120 days after it has been opened.
G.
The Village Board shall approve, with or without modification,
or disapprove such preliminary plat as follows:
(1)
If the Village Board determines that the preparation
of any environmental impact statement on the preliminary plat is not required,
such Board shall make its decision within 62 days after the close of the public
hearing; or
(2)
If the Village 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 in accordance with
the provisions of the State Environmental Quality Review Act. If no 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 the
public hearing on the preliminary plat. Within 30 days of the filing of such
final environmental impact statement, the Village Board shall issue findings
on the final environmental impact statement and make its decision on the preliminary
plat.
H.
Grounds for decision. The grounds for modification, if
any, or the grounds for disapproval shall be stated upon the records of the
Village Board. When so approving a preliminary plat, the Village Board shall
state in writing any modifications it deems necessary for submission of the
plat in final form.
Preliminary plats and data.
A.
The preliminary plat shall be at a scale of not more
than 200 feet to the inch (preferred scale, one inch equals 100 feet). It
shall show or be accompanied by existing conditions data required herein and
shall show all proposals, including the following:
(1)
Names, right-of-way and roadway widths and approximate
grades and gradients of streets, and similar data for alleys, if any.
(2)
Location, width and purpose of other rights-of-way or easements.
(3)
Location, of utilities, if not shown on other exhibits.
(4)
Lot lines, lot numbers and block numbers.
(5)
Sites, if any, to be reserved or dedicated for parks, playgrounds
or other public uses.
(6)
Sites, if any, for multifamily dwellings, shopping centers, churches,
industry or other nonpublic uses exclusive of single-family dwellings.
(7)
Site data, including number of residential lots, typical lot
size and acres in parks, etc.
(8)
Subdivision name or title under which it is to be eventually
recorded; and the scale, north point, date and name and address of the subdivider
and the designer.
B.
Existing conditions data shall include the following, except
when otherwise specified by the Village Board:
(1)
Key plan showing location and boundaries of the tract.
(2)
Property lines and easements. Location, width and purpose (of
easements), and existing platting (if a resubdividing project).
(3)
Streets on and adjacent to the tract, including all streets shown
on the Official Map. Name and right-of-way width and location, type, width
and elevation of surfacing; and legally established center-line elevations;
walks, curbs, gutters, bridges, culverts, etc.
(4)
Utilities on and adjacent to the tract. Location, size and invert
elevation of sanitary sewers, storm sewers, culverts, ditches or other facilities
for drainage; location and size of water mains; location of gas lines, fire
hydrants, electric and telephone poles and street lights. If water mains and
sewers are not on or adjacent to the tract, indicate the direction and approximate
distance to and size of nearest ones, showing invert elevation of sewers or
culverts. Where drainage is to be a natural watercourse or drainage ditch,
the elevation of water in such watercourse or ditch as recognized flood stage
shall be shown.
(5)
Ground elevations on the tract, based on a datum plan approved
by an Engineer (United States Geological Survey recommended). For land that
slopes less than approximately 2%, show spot elevations at all breaks in grade,
along all drainage channels or swales and at selected points not more than
100 feet apart in all directions; for land that slopes more than approximately
2% either show contours with an interval of not more than five feet if the
ground slope is regular and such information is sufficient for planning purposes,
or show contours with an interval of not more than two feet if necessary because
of irregular land or need for more detailed data for preparing plans and construction
drawings.
(6)
Subsurface conditions on the tract, if required by the Village
Board. Location and results of tests made to ascertain subsurface soil, rock
and groundwater conditions.
(7)
Other conditions on the tract, watercourses, marshes, rock outcrops,
wooded areas, isolated preservable trees one foot or more in diameter, houses,
other buildings and other significant features.
(8)
Other conditions on adjacent land. Approximate direction and
gradient of ground slope, including any embankments or retaining walls, power
poles, towers and owners of adjacent unplatted land; for adjacent platted
land, refer to its subdivision plat by name, recording date and number.
(9)
Land title and survey. A deed description according to official
records; names and addresses of record owners; map of survey of tract boundary
(including all pertinent bearings and distances), made and certified by a
registered land surveyor, tied into established Village reference points and
where possible related to the state system of place coordinates established
by Chapter 545 of the Laws of 1938; and notations stating acreage, scale,
north point, datum, bench marks and date of survey.
C.
Other requirements. When required by the Village Board, the preliminary
plat should include profiles showing existing ground surface and proposed
street grades, including extensions for a reasonable distance beyond the limits
of the proposed subdivision; typical cross sections of the proposed grading,
roadway and sidewalk; preliminary designs of any bridges and culverts which
may be required; a plan of proposed water mains to connect to the existing
public water supply; a plan of proposed sanitary sewers (with grades and sizes
indicated) connecting with existing sanitary sewerage systems; and a plan
for collecting and discharging storm drainage. All elevations shall be based
on a datum plan approved by an engineer (United States Geological Survey recommended).
D.
Separate documents.
[Amended 11-26-2007 by L.L. No. 11-2007]
(1)
Draft of any protective covenants whereby the subdivider proposes
to regulate land use in the subdivision and to otherwise protect the proposed
development.
(2)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XV, Stormwater Management, of Chapter 285, Zoning, of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 285-79B of this Code. If a SWPPP is submitted together with a preliminary plat pursuant to this section, such plat shall not be approved unless the SWPPP and plat meet the performance and design criteria and standards in Article XV, Stormwater Management, of Chapter 285, Zoning, of this Code.
A.
Submission of final plats. Final plats shall conform
to the definition provided by this chapter.
B.
Final plats which are in substantial agreement with approved
preliminary plats. When a final plat is submitted which the Village Board
deems to be in substantial agreement with a preliminary plat approved pursuant
to this chapter, the Village Board shall, by resolution, conditionally approve
with or without modification, disapprove, or grant final approval and authorize
the signing of such plat, within 62 days of its receipt.
C.
Final plats when no preliminary plat is required to be
submitted; receipt of complete final plat. When no preliminary plat is required
to be submitted, a final plat 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 in accordance with the provisions of the State
Environmental Qualify Review Act. The time periods for review of such plat
shall begin upon filing of such negative declaration or such notice of completion.
D.
Final plats; not in substantial agreement with approved
preliminary plats, or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Village Board deems not to be in
substantial agreement with a preliminary plat approved pursuant to this section,
or when no preliminary plat is required to be submitted and a final plat clearly
marked "final plat" is submitted conforming to the definition provided by
this section the following shall apply:
(1)
Public hearing on final plats. The time within which
the Village Board shall hold a public hearing on such final plat shall be
coordinated with any hearings the Village Board may schedule pursuant to the
State Environmental Quality Review Act, as follows:
(a)
If such Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held within 62 days
after the receipt of a complete final plat by the Village Board;
(b)
If such Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final 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 in accordance
with the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of the notice
of completion.
(2)
Public hearing; notice, length. The hearing on the final
plat shall be advertised at least once in a newspaper of general circulation
in the Village at least five days before such hearing if no hearing is held
on the draft environmental impact statement, or 14 days before a hearing held
jointly therewith. The Village Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed upon motion
of the Village Board within 120 days after it has been opened.
E.
Decision. The Village Board shall make its decision on
the final plat as follows:
(1)
If such Board determines that the preparation of an environmental
impact statement on the final plat is not required, the Village Board shall
by resolution conditionally approve, with or without modification, disapprove,
or grant final approval and authorize the signing of such plat, within 62
days after the date of the public hearing; or
(2)
If such 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 in accordance with
the provisions of the State Environmental Qualify Review Act. If no 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 the
public hearing on the final plat. Within 30 days of the filing of the final
environmental impact statement, the Village Board shall issue findings on
such final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat.
F.
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records of
the Village Board.
A.
Certification of plat. Within five business days of the
adoption of the resolution granting conditional or final approval of the final
plat, such plat shall be certified by the Village Board as having been granted
conditional or final approval and a copy of such resolution and plat shall
be filed in such Village Board's office. A copy of the resolution shall
be mailed to the owner. In the case of a conditionally approved plat, such
resolution shall include a statement of the requirements which when completed
will authorize the signing thereof. Upon completion of such requirements,
the plat shall be signed by said duly authorized officer of the Village Board
and a copy of such signed plat shall be filed with the Village Clerk.
B.
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Village Board may permit the
plat to be subdivided and developed in two or more sections and may in its
resolution granting conditional or final approval state that such requirements
as it deems necessary to insure the orderly development of the plat be completed
before said sections may be signed by the duly authorized officer of the Village
Board. Conditional or final approval of the sections of a final plat may be
granted concurrently with conditional or final approval of the entire plat,
subject to any requirements imposed by the Village Board.
C.
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the resolution
granting such approval unless all requirements stated in such resolution have
been certified as completed. The Village Board may extend by not more than
two additional periods of 90 days each the time in which a conditionally approved
plat must be submitted for signature if, in the Village Board's opinion,
such extension is warranted by the particular circumstances.
The time periods prescribed herein within which the Village Board must
take action on a preliminary plat or a final plat are specifically intended
to provide the Village Board and the public adequate time for review and to
minimize delays in the processing of subdivision applications. Such periods
may be extended only by mutual consent of the owner and the Village Board.
In the event the Village Board fails to take action on a preliminary plat
or a final plat within the time prescribed therefor after completion of all
requirements under the State Environmental Quality Review Act, or within such
extended period as may have been established by the mutual consent of the
owner and the Village Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Village Clerk as to the date of submission
of the preliminary or final plat and the failure of the Village Board to take
action within the prescribed time shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval herein required.
Within five business days from the date of the adoption of the resolution
approving the final plat, the Village Board shall cause a copy of such resolution
to be filed in the office of the Village Clerk.
When a county planning agency has been authorized to review subdivision
plats pursuant to § 239-n of the General Municipal Law, the Village
Board shall refer all applicable preliminary and final plats to such county
planning agency as provided in this section.
The signature of the duly authorized officer of the Village Board constituting
final approval by the Village Board of a plat as herein provided; or the approval
by such Village Board of the development of a plat or plats already filed
in the office of the County Clerk in which such plat or plats are located
if such plats are entirely or partially undeveloped; or the certificate of
the Village Clerk as to the date of the submission of the final plat and the
failure of the Village Board to take action within the time herein provided,
shall expire within 62 days from the date of such approval, or from the date
such certificate is issued, unless within such sixty-two-day period such plat
or a section thereof shall have been duly filed or recorded by the owner in
the office of the County Clerk. In the event the owner shall file only a section
of such approved plat in the office of the County Clerk, the entire approved
plat shall be filed within 30 days of the filing of such section with the
Village Clerk in each village in which any portion of the land described in
the plat is situated. Such section shall encompass at least 10% of the total
number of lots contained in the approved plat, and the approval of the remaining
sections of the approved plat shall expire unless said sections are filed
before the expiration of the exemption period to which said plat is entitled
under the provisions of § 7-708 of the Village Law.
The owner of an approved subdivision may abandon such subdivision pursuant
to the provisions of § 560 of the Real Property Tax Law.
A.
The final plat shall be printed on linen or canvas-backed
paper or drawn with pen and india ink on tracing cloth on sheets 20 inches
by 40 inches. The scale shall be 100 feet to the inch or larger. Where necessary,
the plat may be on several sheets accompanied by an index sheet showing the
entire subdivision. The final plat may be submitted for approval progressively
in contiguous sections satisfactory to the Village Board. The final plat shall
show the following:
(1)
Primary control points approved by an engineer, or descriptions
and "ties" to such control points, to which all dimensions, angles, bearings
and similar date on the plat shall be referred.
(2)
Tract boundary lines, right-of-way lines of streets,
easements and other rights-of-way and property lines of residential lots and
other sites, with accurate dimensions, bearings or deflection angles, and
radii, arcs and central angles of all curves.
(3)
Name and right-of-way width of each street or other right-of-way.
(4)
Location, dimensions and purpose of any easements.
(5)
Number to identify each lot or site in numerical order
within blocks, and a letter to identify each block.
(6)
Purpose for which sites, other than residential lots,
are dedicated or reserved.
(7)
Location and description of monuments (shown as "X"),
lot corner markers (shown as "0") and bench marks (shown as "BM").
(8)
Names of record owners of adjoining unplatted land.
(9)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(10)
Certification by a registered land surveyor (including
name, address, New York State license number and seal) certifying to the accuracy
of the survey and plat.
(11)
Certification of title showing that the applicant is
the landowner.
(12)
Whenever a proposed subdivision includes parcels or rights-of-way
to be dedicated for public use, an offer of cession shall be included on the
final plat so dedicating the parcels and rights-of-way specifically enumerated
thereon. Unless a separate, restricted offer is made for any or all parcels
to be dedicated for public use, every offer of cession shall be full, complete
and immediate upon and only upon acceptance of such offer by the Village.
Offers made with restrictions shall be made separately and shall state in
full the terms of the restrictions.
(13)
Title, scale, north point and date.
(14)
The final plat shall contain appropriate statements with
dated signature spaces signifying approval or acceptance by the following,
in the order listed:
B.
Separate documents.
(1)
Agreements covering the improvement and maintenance of
unceded public spaces and the conditions and time limits, if any, applying
to site reservations.
(2)
A statement by the Village Attorney approving as to legal
sufficiency all offers of cession, all covenants governing the maintenance
of unceded public open space and any action taken to establish or extend water
and/or sewer districts, and also approving the legal sufficiency of any bond
or agreement offered in lieu of the completion of required subdivision improvements.
(3)
Protecting covenants in form for recording.
(4)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XV, Stormwater Management, of Chapter 285, Zoning, of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 285-79B of this Code. If a SWPPP is submitted together with a final plat pursuant to this section, such plat shall not be approved unless the SWPPP and plat meet the performance and design criteria and standards in Article XV, Stormwater Management, of Chapter 285, Zoning, of this Code.
[Added 11-26-2007 by L.L. No. 11-2007[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
B(4) as Subsection B(5).
(5)
Other requirements. Such other certificates, affidavits,
endorsements or other agreements as may be required by the Village Board in
the enforcement of these regulations. In special cases where there are potential
hazards of flooding or other hazards, the Village Board may require the services
of an independent engineer or expert to recommend conditions under which the
subdivision may be approved. The expense of such engineer or expert shall
be borne by the subdivider.
The subdivider shall pay to the Village a fee for all services (including
but not limited to fees for engineering services) for inspection during construction
of public improvements as shown on the approved subdivision plat. Such fee
shall be 5% of the gross costs (labor and materials) of the public improvements.
The gross costs of such public improvements shall be determined by the Village.
In the event that the costs of such inspection during construction shall exceed
5% of the gross costs of the public improvements, the subdivider shall reimburse
the Village for excess costs over 5%; provided, however, that in no event
shall the fees herein exceed 10% of the gross costs as determined by the Village.
The fee of 5% of the gross costs shall be paid by the subdivider to the Village
prior to the start of construction by any public improvement. In the event
the Village shall determine during construction of the public improvements
that the cost of inspection may exceed 5%, then the excess over 5% shall be
paid to the Village on demand. In any event, all fees due pursuant to this
chapter shall be paid to the Village upon completion of the public improvements.
A.
Streets.
(1)
The streets and highways shall be of sufficient width
and suitable grade and shall be suitably located to accommodate the prospective
traffic, to afford adequate light and air, to facilitate fire protection,
and to provide access of fire-fighting equipment to buildings. If there be
an Official Map, Village Comprehensive Plan or functional/master plans, such
streets and highways shall be coordinated so as to compose a convenient system
conforming to the Official Map and properly related to the proposals shown
in the Comprehensive Plan of the Village. In making such determination regarding
streets, highways, parks and required improvements, the Village Board shall
take into consideration the prospective character of the development, whether
dense residence, open residence, business or industrial.
(2)
Where not shown on the Master Plan, streets in a subdivision
shall:
(a)
Provide for the continuation or appropriate projection
of existing principal streets in surrounding areas; or
(b)
Conform to a plan for the neighborhood approved by the
Village Board to meet a particular situation where topographical or other
conditions make continuance of or conformance with existing streets impracticable.
(3)
Minor streets shall be so laid out that their use by
through traffic will be discouraged.
(4)
Where a subdivision abuts or contains an existing or
proposed arterial street, the Village Board may require special treatment
of land bordering such street in order to insure protection of residential
property and afford separation of through and local traffic.
(5)
Where a subdivision borders on or contains a railroad
right-of-way or controlled access highway, the Village Board may require a
street or streets parallel to such right-of-way in order to make appropriate
use of the land adjacent to such right-of-way.
(6)
Reserve strips controlling access to streets or to other
land dedicated or to be dedicated to public use shall be prohibited except
where their control is definitely placed in the Village under conditions approved
by the Village Board.
(7)
Street jogs with center-line offsets of less than 125
feet shall be avoided.
(8)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(9)
Streets shall be laid out so as to intersect as nearly
as possible at right angles, and no street shall intersect any other street
at less than 75°. The Village Board may waive this requirement if adequate
channelizing or divisional islands are provided to ensure traffic safety.
(10)
Property lines at street intersections shall be rounded
with a radius of 10 feet, or with a greater radius where the Village Board
may deem it necessary. The Village Board may permit comparable cutoffs of
chords in place of rounded corners.
(11)
Curb radii at intersections shall be no less than 25
feet.
(12)
Street right-of-way widths shall be as shown on the Master
Plan, and where not shown thereon shall be not less than as follows:
|
Street Type
|
Right-of-Way Width
(minimum feet)
| |
|---|---|---|
|
Arterial
|
80*
| |
|
Collector
|
66
| |
|
Minor
|
66
| |
|
Marginal access
|
40
|
|
NOTES:
* Not including right-of-way for marginal access streets, if any.
|
(13)
Half streets shall be prohibited except where they are
essential to the reasonable development of the subdivision in conformity with
the other requirements of these regulations. (A half street is any street
on which a political boundary is in the middle of the street.)
(14)
Dead end streets, designed to be so permanently, shall
not be longer than 600 feet, and shall be provided at the closed end with
a turnaround having an outside roadway diameter of at least 75 feet and a
street property line diameter of at least 94 feet. The six-hundred-foot length
may be extended in appropriate instances if so recommended by the Village
Board.
(15)
No street names shall be used which will duplicate or
be confused with the names of existing streets. Street names shall be subject
to the approval of the Village Board and the Erie County Planning Board.
(16)
Street grades, whenever feasible, shall not exceed the
following, with due allowance for reasonable vertical curves and with not
less than 200 feet between changes of grade:
|
Street Type
|
Maximum Grade
| |
|---|---|---|
|
Arterial
|
4%
| |
|
Collector
|
6%
| |
|
Minor
|
8%
| |
|
Marginal access
|
8%
|
(17)
Except in accordance with an approved stormwater pollution
prevention plan, in order to facilitate drainage, no street grade shall be
less than 2% when possible, but in no event less than 1%.
[Amended 11-26-2007 by L.L. No. 11-2007]
(18)
Streets shall be designed in accordance with any stormwater pollution
prevention plan submitted pursuant to the requirements of this chapter.
[Added 11-26-2007 by L.L. No. 11-2007]
B.
Alleys.
(1)
Alleys may be required in business, commercial and industrial
districts, but it is recommended that other definite and assured provisions
be made for service access such as off-street loading, unloading and parking
consistent with and adequate for the uses proposed.
(2)
The width of an alley, if required, shall not be less
than 20 feet.
(3)
Dead-end alleys shall be avoided where possible, but
if unavoidable, shall be provided with adequate turnaround facilities at the
closed end, as required by the Village Board.
C.
Easements.
(1)
Easements across lots or centered on rear or side lot
lines or along the right-of-way shall be provided for utilities where necessary
and shall be at least 12 feet wide.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse and
of such further width or construction, or both, as will be adequate for the
purpose. Adequacy will be determined by the Village Board.
D.
Blocks.
(1)
Block lengths generally shall not exceed 1,600 feet nor
be less than 400 feet. Block widths shall not be less than 250 feet.
(2)
Intersections with arterial streets should be held to
a minimum and preferably spaced at least 1,000 feet apart.
(3)
Pedestrian crosswalks, with a right-of-way not less than
10 feet wide, may be required where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation and other
community facilities.
E.
Lots.
(1)
The area, width and minimum building setback lines shall conform to the requirements of Chapter 285, Zoning, and to the following standards:
(a)
Residential lots shall meet the requirements of the Zoning
Chapter in usable area. The term "usable area" as used herein, includes the
general area of the lot or plat which may be utilized for the proposed construction
and for the normal and reasonable development of the area for the type of
occupancy proposed, exclusive of lakes, streams, ponds, swamps or marginal
areas subject to flooding or along streams or other bodies of water, unless
specified approval is obtained from the Village Board.
(2)
Land subject to flooding shall not be platted for residential
occupancy nor for such other uses as may increase danger to life or property
or aggravate the flood hazard.
(3)
The subdividing of the land shall be such as to provide,
by means of a public street, each lot with satisfactory access to an existing
public street.
(4)
Double frontage and reverse frontage lots should be avoided
except where essential to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography and orientation.
A planting screen easement at least 10 feet wide, across which there shall
be no right of access, shall be provided along the line of lots abutting such
a traffic artery or other disadvantageous use.
(5)
Side lot lines shall be substantially at right angles
or radial to street lines.
(6)
Where a tract is subdivided into parcels larger than
normal building lots, such parcels shall be planned to permit the opening
of future streets and logical further resubdivision.
A.
Monuments, lot corner markers and bench marks.
(1)
Monuments shall be placed at such block corners, angle
points and points of curves in streets and at intermediate points as approved
by the Village Board or their designated official. The monuments shall be
of such material, size and length as may be approved by the Village Board.
(2)
As buildings are completed and surveyed, a copy of the
survey shall be furnished to the Village.
(3)
A permanent bench mark shall be established referenced
to the United States Coast and Geodetic Survey and tied to the elevations
shown on all plans, subject to the approval of the Village.
B.
Utility and street improvements.
(1)
Utility and street improvements, when required in each
new residential subdivision, shall be in accordance with the standards and
requirements described in the following schedules.
(2)
For business, commercial, industrial and other types
of development, utility and street improvements shall be as determined by
the Village.
C.
Schedule of required utilities and street improvements.
(1)
Public water per plans approved by the Village and the
County Health Department.
(2)
Public sewer per plans approved by the Village and the
County Health Department.
(3)
Arterial streets. Cross sections in accordance with the
Master Plan and as set forth in the preceding chapter and so designated on
the Major Trafficways Plan.
(4)
Collector streets.* Sixty-six-foot rights-of-way, twenty-eight-foot
pavements, five-foot sidewalks.
(5)
Minor streets.* Sixty-six foot rights-of-way, twenty-eight
foot pavements, five-foot sidewalks.
(7)
Streets along development boundaries and streets connecting
developments with an existing improved street system.** Cross sections as
determined by the Village.
(8)
Alleys.** Paved full width per standard specifications.
(9)
Grading and center-line gradients per plans and profiles
approved by the Village.
(10)
Storm sewer or other drainage improvements, including
runoff retention per plans approved by the Village.
(11)
Curbs per plans and Standard Specifications.**
(12)
Curbs and gutters [alternative to Subsection C(11)] per plans and specifications approved by the Village.
(13)
Pavements and bases, etc., pert Standard Specifications.**
(14)
Wearing surfaces per Standard Specifications.
(15)
Sidewalks per Standard Specifications.**
(16)
Streetlights as approved by the Village Board and New
York State Electric and Gas.
|
**
|
Specifications for public improvements, Village of East Aurora.
|
A.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of these regulations,
the Village Board shall have the power to vary or modify the application of
any of the requirements herein relating to the use, layout and platting of
land for subdivisions, so that the spirit of the regulations shall be observed,
public safety and welfare secured and substantial justice done.
B.
Notwithstanding any provision of law to the contrary,
where a plat contains one or more lots which do not comply with the Zoning
Chapter regulations, application may be made to the Zoning Board of Appeals
for an area variance without the necessity of a decision or determination
of an administrative official charged with the enforcement of the zoning regulations.
In reviewing such application, the Zoning Board of Appeals shall request the
Village Board to provide a written recommendation concerning the proposed
variance.
A.
Before the approval by the Village Board of a plat showing
lots, block or sites, with or without streets or highways, the Village Board
shall require that the land shown on the plat be of such character that it
can be used safely for building purposes without danger to health or peril
from fire, flood, drainage or other menace to neighboring properties or the
public health, safety and welfare.
B.
The installation of fire alarm signal devices, including
necessary connecting facilities shall be required or waived pursuant to this
chapter only with the approval of: (1) the Town Board if the Village is included
in a central fire alarm system established pursuant to Subdivision 11-c of
§ 64 of the Town Law; (2) the legislative body of the county if
the Village is included in a central fire alarm system established pursuant
to paragraph (h) of Subdivision 1 of § 225 of the County Law; or
(3) the Board of Fire Commissioners of the Village in any other case unless
the installation is to be made in a fire district within the Village, in which
event only the approval of the Board of Fire Commissioners of such fire district
shall be necessary. The Village Board may, with the approval of the appropriate
board, completely waive any or all requirements in connection with the installation
of fire alarm signal devices, including necessary connecting facilities. When
required, such installation shall be made in accordance with standards, specifications,
and procedures acceptable to the Village Board.
C.
Performance bond or other security.
(1)
As an alternative to the installation of infrastructure
and improvements, as provided, prior to the Village Board's approval,
a performance bond or other security sufficient to cover the full cost of
the same, as estimated by the Village Board, shall be furnished to the Village
by the owner.
(2)
Any such security must be provided pursuant to a written
security agreement with the Village, approved by the Village Board and also
approved by the Village Attorney as to form, sufficiency and manner of execution,
and shall be limited to:
(a)
A performance bond issued by a bonding or surety company;
(b)
The deposit of funds in or a certificate of deposit issued
by a bank or trust company located and authorized to do business in this state;
(c)
An irrevocable letter of credit from a bank located and
authorized to do business in this state;
(d)
Obligations of the United States of America; or
(e)
Any obligations fully guaranteed as to interest and principal
by the United States of America, having a market value at least equal to the
full cost of such improvements. If not delivered to the Village, such security
shall be held in a Village account at a bank or trust company.
(3)
Any such performance bond or security agreement shall
run for a term to be fixed by the Village, but in no case for a longer term
than three years, provided, however, that the term of such performance bond
or security agreement may be extended by the Village Board with consent of
the parties hereto. If the Village Board shall decide at any time during the
term of the performance bond or security agreement that the extent of building
development that has taken place in the subdivision is not sufficient to warrant
all the improvements covered by such security, or that the required improvements
have been installed as provided in sufficient amount to warrant reduction
in the amount of said security, the Village Board may modify their requirements
for any or all such improvements, and the amount of such security shall thereupon
be reduced by an appropriate amount so that the new amount will cover the
cost in full of the amended list of improvements required by the Village Board.
(4)
In the event that any required improvements have not
been installed as provided in this chapter within the term of such security
agreement, the Village Board may thereupon declare the said performance bond
or security agreement to be in default and collect the sum remaining payable
thereunder; and upon the receipt of the proceeds thereof, the Village shall
install such improvements as are covered by such security and as commensurate
with the extent of building development that has taken place in the subdivision
but not exceeding in cost the amount of such proceeds.
A.
Before the Village Board may approve a subdivision plat
containing residential units, such subdivision plat shall also show, when
required by such Village Board, a park or parks suitably located for playground
or other recreational purposes.
B.
Land for park, playground or other recreational purposes
may not be required until the Village Board has made a finding that a proper
case exists for requiring that a park or parks be suitably located for playgrounds
or other recreational purposed within the Village. Such findings shall include
an evaluation of the present and anticipated future needs for park and recreational
facilities in the Village based on projected population growth to which the
particular subdivision plat will contribute.
C.
In the event the Village Board makes a finding pursuant
to the above subsection that the proposed subdivision plat presents a proper
case for requiring a park or parks suitably located for playgrounds or other
recreational purposes, but that a suitable park or parks of adequate size
to meet the requirement cannot be properly located on such subdivision plat,
the Village Board may require a sum of money in lieu thereof, per subdivision
lot, as set from time to time by resolution of the Board of Trustees, payable
to the Village Clerk. In making such determination of suitability, the Village
Board shall assess the size and suitability of land shown on the subdivision
plat which could be possible locations for park or recreational facilities,
as well as practical factors including whether there is a need for additional
facilities in the immediate neighborhood. Any moneys required, in lieu of
land for park, playground or other recreational purposes, pursuant to the
provisions of this chapter, shall be deposited into a trust fund to be used
by the Village exclusively for park, playground or other recreational purposes,
including the acquisition of property.
[Amended 3-14-2006 by L.L. No. 1-2006]
A.
Any owner of a parcel of land applying for minor subdivision
approval shall submit to the Village Board a request for minor subdivision
approval on a form provided by the Village of East Aurora. In addition thereto,
such owner shall submit a survey showing the following:
(1)
Required setbacks.
(2)
Existing water and sewer mains.
(3)
Natural features.
(4)
Existing and proposed improvements.
(5)
Finished floor elevation of all structures.
(6)
Drives, parking and all paved areas.
(7)
Existing structures on adjoining properties.
(8)
Direction of surface water runoff.
(9)
All trees greater than four inches in diameter.
(10)
Sewer and water service locations.
B.
The provisions of the State Environmental Quality Review
Act shall apply to minor subdivisions.
C.
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XV, Stormwater Management, of Chapter 285, Zoning, of this Code, shall be submitted, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 285-79B of this Code. If a SWPPP is submitted together with a minor subdivision plat pursuant to this section, such plat shall not be approved unless the SWPPP and plat meet the performance and design criteria and standards in Article XV, Stormwater Management, of Chapter 285, Zoning, of this Code.
[Added 11-26-2007 by L.L. No. 11-2007[1]]
D.
The Village Board of Trustees shall review such request
for minor subdivision approval and, after holding public hearing thereon,
approve or disapprove of the same.
E.
No building permit shall be issued for a parcel of land
constituting a minor subdivision as defined herein prior to the approval of
such minor subdivision by the Village Board of Trustees as provided for herein.
