Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora as Ch. 81 of the 1972 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 58.
Building construction — See Ch. 108.
Flood damage prevention — See Ch. 142.
Historic preservation — See Ch. 156.
Streets and sidewalks — See Ch. 223.
Zoning — See Ch. 285.
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.
B. 
Minor subdivision filing fee. The fee for the filing of a minor subdivision application shall be as set forth in Chapter 137, Article II, of this Code. This charge shall be in addition to any 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:
(a) 
An engineer (regarding approval of improvement plans, approved installation of required improvements or adequate surety in lieu thereof).
(b) 
Village of East Aurora.
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.
(b) 
Depth and width of properties reserved or laid out for business, commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 285, Zoning.
(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.
(6) 
Marginal access streets (one-way traffic, one-side parking).*
(a) 
Forty-foot rights-of way, twenty-foot pavements, five-foot sidewalks.
(b) 
Forty-foot rights-of way, eighteen-foot pavements, four-foot sidewalks.
*
Standards for residential types other than single-family dwellings.
(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]]
[1]
Editor's Note: This local law also redesignated former Subsections C and D as Subsections D and E, respectively.
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.