[HISTORY: Adopted by the Planning Commission
of the Village of Hamburg 9-28-1967 and by the Board of Trustees 10-27-1967.
Amendments noted where applicable.]
[Amended 10-20-1969]
By authority of the resolution adopted by the
Village Board of Trustees on the 24th day of July, 1967, pursuant
to the provision of Article VIA of the Village Law, the Planning Commission
of the Village of Hamburg is empowered and authorized to approve plans
for land subdivision within the Village of Hamburg. These regulations
are adopted for the purpose of providing for the future growth and
development of the village and affording adequate facilities for the
housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population.
For the purpose of these regulations, which
shall be known and may be cited as the "Village of Hamburg Subdivision
Regulations," certain words used herein are defined as follows:
Performance bond.
The Village of Hamburg Planning Commission.
The duly designated engineer of the Village of Hamburg.
The final map, drawing or chart on which the owner's or subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Clerk for recording.
A comprehensive plan prepared by the Planning Commission,
pursuant to Section 179g of the Village Law, which indicates the general
locations recommended for the various functional classes of public
works, places and structures, includes any unit or part of such plan
separately adopted and any amendment to such plan or parts thereof.
The division of a parcel of land into five lots or parcels,
or fewer, for the purpose of building development or transfer of ownership,
provided that no new street is involved.
[Added 9-19-1983]
The map established by the Village Board under Section 179e
of the Village Law, showing the streets, highways and parks theretofore
laid out, adopted by the Village Board, or additions thereto resulting
from the approval of subdivision plats.
Person or persons having title to the parcel of land registered
in County Clerk's office.
The preliminary drawings and supplementary material indicating
the proposed layout of the subdivision to be submitted to the Planning
Commission for its consideration.
[Amended 6-15-1998 by L.L. No. 3-1998]
The right-of-way for vehicular traffic, whether designated
as a street, highway, thoroughfare, parkway, thruway, road, avenue,
boulevard, lane, place or however otherwise designated.
ARTERIAL STREETS AND HIGHWAYSThose used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and principal streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
[Amended 9-19-1983]
The division of a parcel of land into six or more lots or
parcels for the purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land,
provided that none of the following shall be considered to be a subdivision
for the purposes of these regulations:
The division of land into lots or parcels of
5 acres or more and not involving a new street.
A transfer of ownership for the purpose of enlarging
an adjoining lot or parcel without creating either a new street or
a separate building lot.
The division of land upon court order.
The division of land to carry out the terms
of a decedent's will to the decedent's devisees.
A.
Application.
(1)
Preapplication meeting. Prior to the filing of any
application, it is the intention that an informal discussion between
the developer (owner/subdivider) and the Planning Commission be held
to discuss the meaning and intent of these regulations and the procedure
to be followed in order that all parties concerned are aware of their
individual and group responsibilities.
(2)
Whenever any subdivision of land as hereinbefore defined
is proposed to be made or whenever a proposed annexation of an area
to be subdivided is referred to the Commission for approval prior
to and as a condition of annexation, before any contract for the sale
of or any offer to sell such subdivision or any part thereof is made,
the subdividing owner thereof, or the owner's agent, shall apply in
writing to the Commission for approval of such subdivision. The subdividing
owner shall first file with the Commission a preliminary layout and
subsequently a formal plat as hereinafter specified.
B.
Conditional approval of preliminary layout.
[Amended 9-4-2007 by L.L. No. 3-2007]
(1)
On reaching conclusions regarding his or her general program and objectives, the owner shall submit a preliminary layout, together with other supplementary material, as specified in § 207-6, and together with a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Chapter 200, Stormwater Management. Any SWPPP required under Chapter 200, Stormwater Management, shall be submitted together with the written recommendation of the Stormwater Management Officer to approve, conditionally approve, or disapprove the SWPPP pursuant to § 200-4B of the Code of the Village of Hamburg, and shall meet the performance and design criteria in § 200-6 of the Code of the Village of Hamburg. Three copies of the preliminary layout, required supplemental material, and any SWPPP required under Chapter 200, Stormwater Management, shall be submitted to the Commission, with written application for conditional approval, at least 10 days prior to the meeting at which it is to be considered.
(2)
Following review of the preliminary layout and other material submitted therewith and following negotiations with the owner on changes deemed advisable and the kind and extent of improvements to be made by the owner in accordance with the requirements of § 207-5, the Commission shall act thereon as submitted, or as modified. If a SWPPP was submitted together with a preliminary layout in accordance with § 207-3B(1), such SWPPP and preliminary layout shall be approved only if they meet the requirements of Chapter 200, Stormwater Management. If the preliminary layout, which is for layout only and not approval for construction, is approved, the Commission shall express its approval as conditional approval and state the specific conditions of such approval, if any. If the preliminary layout is disapproved, the Commission shall state the reasons for its disapproval. Within three days of the regular meeting, the Planning Commission shall inform the applicant in writing relative to changes, conditional approval or disapproval.
(3)
The action of the Commission shall be noted on two
copies of the preliminary layout, to which shall be attached referenced
statements of any conditions and requirements determined by the Commission
in accordance with these regulations. One copy shall be returned to
the owner and the other retained by the Commission. Conditional approval
of a preliminary layout shall not constitute approval of the final
subdivision plat. Rather, it shall be deemed an expression of approval
to the layout submitted in preliminary form as a guide to the preparation
of the final subdivision plat, which will be submitted for approval
of the Commission and for recording upon fulfillment of the requirements
of these regulations and the conditions of the conditional approval,
if any, and approval by the County Health Department, when required.
C.
Approval of final subdivision plat.
[Amended 7-19-1976; 9-4-2007 by L.L. No. 3-2007]
(1)
The final subdivision plat shall conform substantially to the preliminary layout, as approved, and shall conform to the requirements of Chapter 200, Stormwater Management. If desired by the owner, the final subdivision plat may constitute only that portion of the approved preliminary layout which the owner proposes to record and develop at the time, provided that such portion conforms to all requirements of these regulations.
(2)
Application for approval of the final subdivision plat shall be submitted in writing to the Commission at least 10 days prior to the meeting at which it is to be considered and shall include three copies of the plat and other exhibits required for approval, as specified in § 207-6, together with a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Chapter 200, Stormwater Management. Any SWPPP required under Chapter 200, Stormwater Management, shall be submitted together with the written recommendation of the Stormwater Management Officer to approve, conditionally approve, or disapprove the SWPPP pursuant to § 200-4B of the Code of the Village of Hamburg, and shall meet the performance and design criteria in § 200-6 of the Code of the Village of Hamburg. Such application shall be submitted within six months after approval of the preliminary layout; otherwise such preliminary approval shall become null and void unless an extension of time is applied for and granted by the Commission.
(3)
Before the Commission will approve the final plat,
it will hold a public hearing. A filing fee, as set from time to time
by resolution of the Board of Trustees, shall be paid prior to setting
the hearing date and publishing the notice of hearing.[1] Said fee is necessary to cover the cost of publication and time and materials used to mail notices of the hearing to all property owners within 300 feet of the proposed subdivision. Thereafter and within 45 days after the application for approval of the plat was filed, the Commission will approve, modify and approve or disapprove such plat. If a SWPPP was submitted together with the final plat in accordance with § 207-3C(2), such SWPPP and final plat shall be approved only if they meet the requirements of Chapter 200, Stormwater Management. Approval, however, shall not be deemed final until the subdivider has complied with the provisions of § 207-6 with respect to certification that required improvements have been completed or satisfactory bond has been posted in lieu thereof.
[1]
Editor's Note: The current fee schedule is
included in the Appendix of this Code.
(4)
The owner will be required to tender offers of cession
in a form certified as satisfactory by the Village Attorney of all
sewers, drains, waterlines and all land included in streets, parks
or other public areas not specifically reserved by the owner, and
all easements, but approval of the plat by the Commission does not
constitute an acceptance by the Village of the dedication of any street,
park or other public open space.
(5)
After the completion of the foregoing details and
notation to that effect upon the plat, it shall be deemed to have
final approval. The developer must file such plat with the County
Clerk or Register prior to the expiration date of plat approval as
provided in § 7-728 of the Village Law or such approval
will expire as provided in § 7-732 of the Village Law.
A.
Streets.
(1)
The arrangement, character, extent, width, grade and
location of all streets shall conform to the Master Plan and to the
Official Map, if any, and shall be considered in their relations to
other existing and planned streets, to topographical conditions, to
public convenience and safety and in their appropriate relation to
the proposed uses of land to be served and/or abutted by such streets.
(2)
Where such is not shown in the Master Plan, the arrangement
of streets in a subdivision shall either provide for the continuation
or appropriate projection of existing principal streets in surrounding
areas, or be adopted by the Commission to meet a particular situation
where topographical or other conditions make continuance or conformance
to 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 Commission may require marginal access
streets, reverse frontage with screen planting contained in a non-access
reservation along the rear property line, deep lots with or without
rear service alleys or such other treatment as may be necessary for
adequate protection of residential properties and to afford separation
of through and local traffic.
(5)
Where a subdivision borders on or contains a railroad
right-of-way or controlled access highway right-of-way, the Commission
may require a street approximately parallel to and on each side of
such right-of-way, at a distance suitable for the appropriate use
of the intervening land, as for park purposes in residential districts
or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.
(6)
Reserve strips controlling access to streets, water
plants or sewage treatment plants, 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)
Streets 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 minor and collector streets or of such lengths
as may be deemed necessary by Commission for arterial streets.
(9)
When connecting street lines deflect from each other
at any one point by more than 10º, they shall be connected by
a curve with a radius at the inner street line of not less than 350
feet for minor and collector streets, and of such greater radii as
the Commission shall determine for special cases.
(10)
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 75º. Any change in street alignment
to meet this requirement shall occur at least 100 feet from the intersection.
(11)
Street right-of-way lines at street intersections
shall be rounded with a radius of 10 feet, or with a greater radius
where the Commission may deem it necessary. The Commission may permit
comparable cutoffs or chords in place of rounded corners.
(12)
Curb radii at intersections shall be not less
than 20 feet.
(13)
Street right-of-way widths shall be as shown
in the Master Plan, and where not shown therein shall be not less
than as follows:
|
Street Type
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Arterial
|
100 to 1201
| |
|
Collector
|
80
| |
|
Minor
|
60
| |
|
1Not including right-of-way
for marginal access streets, if any.
|
(14)
Half streets shall be prohibited.
(15)
Dead-end streets, designed to be so permanently,
shall be not longer than 400 feet and shall be provided at the closed
end with a turnaround having an outside roadway diameter of at least
110 feet and a street property line diameter of at least 140 feet.
(16)
No street names shall be used which will duplicate
or likely be confused with the names of existing streets. Street names
shall be cleared with officials designated by the Village Board, police
departments and postal authorities. House numbers should follow standard
practice of house numbering in village.
(17)
Street grades, wherever 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
(Percentage)
| |
|---|---|---|
|
Arterial
|
4%
| |
|
Collector
|
5%
| |
|
Minor
|
6%
| |
|
Marginal access
|
6%
|
(18)
Except as otherwise provided for in Chapter 200, Stormwater Management, in order to facilitate drainage, no street grade shall be less than 0.5%, which requirement may be reduced to 0.3% if there are street curbs or if pavement wearing surface is smooth finished, but only with approval of the Engineer. Except as otherwise provided for in Chapter 200, Stormwater Management, drainage structures and adequate ditches shall be provided by the owner (subdivider) to prevent ponding or damage to public or private property.
[Amended 9-4-2007 by L.L. No. 3-2007]
(19)
Grades at street intersections shall be held
to a maximum of 3% for a distance of 100 feet in any direction from
the point of intersection of the street center line.
B.
Alleys.
(1)
Alleys shall be provided in commercial and industrial
districts, except that the Commission may waive this requirement when
other definite and assured provision is made for service access, such
as off-street loading, unloading and parking, consistent with the
access adequate for the uses proposed.
(2)
The width of an alley shall be not less than 24 feet.
(3)
Alley intersections and sharp changes in alignment
shall be avoided, but where necessary shall be provided with sufficient
corner cutoffs to permit safe vehicular movement.
(4)
Dead-end alleys shall be avoided where possible, but,
if unavoidable, shall be provided with adequate turnaround facilities
at the dead end, as determined by the Commission.
C.
Easements.
(1)
Easements across lots or centered on rear or side
lot lines shall be provided for utilities where necessary and shall
be at least 20 feet wide.
(2)
Where a subdivision is traversed by a watercourse,
drainage way, channel or stream, there shall be provided a storm water
easement or drainage right-of-way of not less than 20 feet in width
conforming substantially with the lines of such watercourse and such
further width or construction, or both, as will be adequate for the
purpose. Parallel streets or parkways may be required in connection
therewith.
D.
Blocks.
(1)
The lengths, widths and shapes of blocks shall be
determined with due regard to:
(2)
Block dimension shall be at least twice the minimum
lot depth and generally not more than 12 times the minimum lot width.
(3)
Intersections with arterial streets should be held
to a minimum and preferably spaced at least 1,000 feet apart.
(4)
Pedestrian crosswalks, not less than 10 feet wide,
shall be required where deemed essential to provide circulation or
access to schools, playgrounds, shopping centers, transportation and
other community facilities.
E.
Lots.
(1)
The lot size, width, depth, shape and orientation and the minimum building setback lines and side, front and back yards of lots shall be in accordance with Chapter 250, Zoning, and for the type of development and use contemplated.
(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)
Lot dimensions shall conform to the requirements of Chapter 250, Zoning, and to the following standards: Depth and width of properties reserved or laid out for 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.
(4)
Corner lots for residential use shall have extra width
to permit appropriate building setback from and orientation to both
streets.
(5)
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.
(6)
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 lot abutting such a traffic artery or
other disadvantageous use.
(7)
Side lot lines shall be substantially at right angles
or radial to street lines.
(8)
In case a tract is subdivided into larger parcels
than normal building lot, such parcels shall be arranged so as to
allow the opening of future streets and logical further resubdivision.
(9)
In case only a portion of a tract is subdivided, or
when the plan submitted covers only a portion of the owner's entire
holding, a sketch of the perspective future street system of the entire
holding shall be submitted to the Commission.
F.
Public sites and open spaces.
(1)
The Commission may require the dedication of suitable
park, playground or other public recreation area within a proposed
subdivision. Such dedication shall not be required in excess of:
(a)
One acre of proposed recreation land for each
25 residential lots or major fraction thereof; or
(b)
Ten percent of the gross area of a subdivision.
Where the proposed recreation area exceeds the amount for which dedication
may be required, the remainder shall be reserved for a period of five
years from the date of plat filing with the County Clerk, after which,
if such additional area has not been acquired for public recreational
purposes, it may be used for any lawful purpose.
(2)
In lieu of the dedication of suitable land, the Commission
may require the payment to a municipality of a sum not to exceed 1/25
of the value of an acre of unimproved subdivision land per lot or,
on an acreage basis, the cash payment for recreation of 10% of the
value of the unimproved subdivision land may be made. Cash payments
in lieu of land shall be reserved and utilized exclusively for the
acquisition and/or development of public recreation areas deemed to
be of benefit to the proposed subdivisions.
(3)
A recreation area offered for dedication under the preceding subsections of this Subsection F shall:
(a)
Contain not less than three acres (or be adjacent
to other public recreation land, together with which it will comprise
at least three acres).
(b)
Have direct frontage or convenient and safe
access to a public street or highway.
(c)
Be of usable proportions and topography.
(d)
Be conveniently located in relation to the residential
area it is intended to serve, with special reference to maximum walking
distances for the age groups likely to use it.
(4)
Where deemed essential by the Commission upon consideration
of the proposed subdivision development and especially in large-scale
projects, such as a complete community or a neighborhood unit, the
Commission may require the dedication or reservation of land for schools,
municipal utilities and other public services. Such areas shall be
suitable as to character, extent and location to the needs created
by such development. Within such a development the Commission may
also require the reservation, for a period not longer than five years,
of sites for churches and other community or neighborhood service
facilities.
A.
Monuments and lot corner markers.
(1)
Monuments shall be placed at all block corners, angle
points and points of curves in streets and at intermediate points
as required by the Engineer. The monuments shall be of such material,
size and length as may be approved by the Engineer.
(2)
Markers shall be located in the ground to final grade
at all lot corners. Such markers shall be of ferrous metal, 3/4 inch
in diameter and at least 24 inches long.
B.
Utility and street improvements.
(1)
Utility and street improvements shall be provided
in each new subdivision in accordance with the standards and requirements
on file in the office of the Superintendent of Public Works or the
Planning Commission. These utility and street improvements shall include
the following:
(a)
Public water system, complete with house laterals
to the front line.
(b)
Public sewer systems.
(c)
Sanitary sewers, complete with house laterals
to the front property line.
(d)
Storm sewers, complete with laterals to the
front property line.
(e)
Street pavements.
(f)
Concrete curbs.
(g)
Concrete sidewalks.
(h)
Streetlighting.
[Added 6-15-1998 by L.L. No. 3-1998]
(i)
Tree planting.
[Added 6-15-1998 by L.L. No. 3-1998]
(2)
The installation or construction of all utility and
street improvements must be observed by an inspector hired by the
village. The developer shall reimburse the village for the cost of
this inspector.
A.
Preliminary layout (conditional approval).
(1)
Existing conditions data shall include the following,
except when otherwise specified by the Board:
(a)
Key plan showing location, including name of
town or towns, and boundaries of tract.
(b)
Property lines and easements location, width
and purpose of easements, existing platting, if this is a resubdividing
project.
(c)
Streets on and adjacent to the tract location,
size and invert elevation of sanitary, storm and combined sewers;
location and size of water mains; location of gas line, 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 distance to and size of nearest ones, showing invert elevation
of sewers. Where drainage is to be to a natural watercourse, lake,
swamp, sink or roadside or drainage ditch, the elevation of water
in such watercourse or ditch at recognized flood stage shall be shown.
The Engineer will assist in determining such recognized flood stage.
(d)
Ground elevations on the tract based on a datum
plane approved by the Engineer: 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
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.
(e)
Subsurface conditions on the tract, if required
by the Commission, location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions; depth to groundwater
unless test pits are dry at a depth of five feet; location and results
of soil percolation tests if individual sewage disposal systems are
proposed.
(f)
Other conditions on the tract: watercourses,
marshes, rock, outcrop, wooded areas, isolated preservable trees one
foot or more in diameter, houses, other buildings and other significant
features.
(g)
Other conditions on adjacent land: approximate
direction and gradient of gradient of ground slope, including any
embankments or retaining walls; character and location of buildings,
railroads, power lines, towers and other nearby nonresidential land
uses or adverse influences; owners of adjacent unplatted land; for
adjacent platted land refer to subdivision plat by name, recordation
date and number and show approximate percent buildup, typical lot
size and dwelling type.
(h)
Photographs, if required by the Commission,
camera locations, directions of view and key numbers.
(i)
Zoning on and adjacent to the tract.
(j)
Proposed public improvements: highways or other
major improvements planned by public authorities for future construction
on or near the tract.
(k)
Land title and survey: 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
town reference points and where possible related to the state system
of plane coordinates established by Chapter 545 of the Laws of 1938;
notations stating acreage scale, North point, datum, bench marks and
date of survey.
(2)
Preliminary subdivision plan 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 above in Subsection A(1) and shall show all proposals including the following:
(a)
Streets: names, right-of-way and roadway widths,
approximate grades and gradients, similar data for alleys, if any.
(b)
Other rights-of-way or easements: location,
width and purpose.
(c)
Location of utilities, if not shown on other
exhibits.
(d)
Lot lines, sublot number and block letters,
block letters to be consecutive, sublot numbers to be consecutive
throughout subdivision. Street address shown on each lot as per Department
of Public Works.
(e)
Sites, if any, to be reserved or dedicated for
parks, playgrounds or other public uses.
(f)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(g)
Minimum building setback lines.
(h)
Site data, including number of residential lots,
typical lot size and acres in parks, etc.
(i)
Subdivision name or title (under which to be
eventually recorded), also scale, North point, date and name and address
of subdivider and designer.
(3)
Other preliminary plans. When required by the Commission,
the preliminary layout shall include profiles showing existing and
proposed 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;
preliminary plan of proposed water mains to connect with existing
public water supply or alternative means of water supply approved
by the Erie County Health Department; preliminary plan of proposed
sanitary sewers (with grades and sizes indicated), connecting with
existing sanitary sewerage systems, or alternative means of treatment
and disposal approved by the Erie County Health Department; preliminary
plan for collecting and discharging storm drainage; and proposals
for street lighting and street trees. All elevations shall be based
on datum plane approved by the Engineer.
(4)
Draft of protective covenants whereby the subdivider
proposes to regulate land used in the subdivision and otherwise protect
the proposed development.
(5)
Proposed zoning, if different from existing.
B.
Subdivision plat final approval.
(1)
Final subdivision plat shall be clearly and legibly
drawn in ink on Mylar or equally printable sheets either 20 inches
by 20 inches or 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.
For large subdivisions the final plat may be submitted for approval
progressively in contiguous sections satisfactory to the Commission.
The final plat shall show the following:
(a)
Primary control points, approved by the Engineer,
or descriptions and ties to such control points, to which all dimensions,
angles, bearings and similar data on the plat shall be referred.
(b)
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.
(c)
Name and right-of-way width of each street or
other right-of-way.
(d)
Location, dimensions and purpose of any easements.
(e)
Number to identify each lot or site in numerical
order within blocks; letters to identify each block.
(f)
Purpose for which sites, other than residential
lots, are dedicated or reserved.
(g)
Minimum building setback line on all lots and
other sites.
(h)
Finished surface drainage of all lots within
the subdivision and the lots adjacent to the subdivision. This data
shall be shown on the filed subdivision map.
(i)
Location and description of monuments (show
thus "X") and lot corner markers (show thus"O").
(j)
Names of record owners of adjoining unplatted
land.
(k)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(l)
Certification by registered land surveyor, including
name, address, New York State license number and seal, certifying
to accuracy of survey and plat.
(m)
Certification of title showing that applicant
is the land owner.
(n)
Offers of cession by owner dedicating streets,
rights-of-way and any sites for pubic uses and agreements covering
the improvements and maintenance of unceded public spaces and the
conditions and time limits, if any, applying to site reservations.
(o)
Title, scale, North point and date.
(2)
Cross sections and profiles of streets, drains and
sewers, showing grades approved by the Engineer. The profiles shall
be drawn in ink on tracing cloth to standard scales. Elevations shall
be based on a datum plane approved by the Engineer.
(3)
Plan showing the following:
(a)
Waterline: pipe size, valve, hydrant and house
lateral locations.
(b)
Sanitary sewer: pipe sizes, grades, manhole
locations, manhole details and house lateral locations.
(c)
Storm sewers: pipe sizes, grades, manhole locations,
manhole details, receiver locations, receiver details and house lateral
locations.
(d)
Pavement: cross section, widths and location
within the right-of-way.
(e)
Curb: cross section, including curb base and
curb drains.
(f)
Sidewalk: location within the right-of-way and
widths. This plan shall be drawn in ink on tracing cloth and shall
be updated by the developer after construction to show all dimensions
and details as built.
(4)
Certificate by the Engineer certifying that the subdivider
has complied with one of the following alternatives:
(a)
All improvements have been installed in accord
with the requirements of these regulations and with the action of
the Commission giving conditional approval of the preliminary layout.
(b)
A bond or certified check has been posted, which
is available to the village and in sufficient amount to assure such
completion of all required improvements.
(5)
Certificates 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 approving the sufficiency of any bond offered in lieu of the completion
of required subdivision improvements.
(6)
Protective covenants in form for recording, including
covenants governing the maintenance of unceded public spaces or reservations.
(7)
Other data. Such other certificates, affidavits, endorsements
or other agreements as may be required by the Board in the enforcement
of these regulations.
A.
Hardship. Where the Commission finds that because
of unusual circumstances of shape, size, topography or other physical
features of the subdivision tract or because of the nature of adjacent
developments, extraordinary hardships may result from strict compliance
with these regulations, it may vary the regulations so that substantial
justice may be done and the public interest secured, provided that
no such variation shall be granted which will have the effect of nullifying
the intent and purpose of the Master Plan, of the Erie County Sanitary
Code or of these regulations.
B.
Large scale development. The standards and requirements
of these regulations may be modified by the Commission in the case
of a plan and program for a complete community or a neighborhood unit,
which in the judgment of the Commission provides adequate public spaces
and improvements for the circulation, recreation, light, air and service
needs of the tract when fully developed and populated and which also
provides such covenants or other legal provisions as will assure conformity
to and achievement of the plan.
C.
Minor subdivisions. The standards and requirements
of these regulations may be modified by the Commission in the case
of a minor subdivision, provided that any modification allowed or
authorized shall be determined by the Planning Commission to carry
out the general intent of the Code of the Village of Hamburg and any
other applicable codes and to serve the best interest of the applicant
and of the public.
[Added 9-19-1983]
D.
Conditions. In granting variances and modifications,
the Commission may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements,
as varied or modified.
[Added 2-2-2009 by L.L. No. 1-2009]
A.
Actions requiring permit. All improvements intended by a property
owner or developer to be dedicated to the Village of Hamburg, or to
be maintained by the Village of Hamburg, either within a subdivision
or as part of the development of a single parcel or lot, or any public
improvement, shall require a public improvement permit, and no such
public improvement shall be installed without a public improvement
permit issued by the Village of Hamburg. Without limitation, public
improvement permits must be obtained for the construction, whether
public or private, of roadway pavements, curbs and gutters, sanitary
sewers, ditches, channels, drainage systems, storm sewers and water
mains. Permits shall expire one year from the date of approval of
the permit.
B.
Applications. Before the construction of any public improvement is
commenced, the landowner or developer shall apply to the Village of
Hamburg and its Engineer for a public improvement permit for the construction
thereof. The application shall be made on a form provided by the Village
Engineer and shall be based on complete plans and specifications for
the public improvement project approved by the Village Engineer. Such
plans and specifications shall include descriptions of the proposed
public improvements, including locations, dimensions, types of material
proposed to be used and detailed, itemized quantities.
C.
Determination of costs of improvements. The estimated construction
costs of the proposed public improvements shall be subject to the
approval of the Village Engineer.
D.
Fees.
(1)
Public improvement permit fees are intended to recover the cost of
inspection of the construction improvements. Such inspection shall
be provided by the Village Engineer or by authorized agents or representatives
of the Village Engineer. Fees for public improvement permits shall
be determined on the basis of estimated construction costs of proposed
public improvement permits and in accordance with the fee schedule
for public improvement permits. The public improvement permit fees
do not include survey or stakeout work. Such survey and stakeout work
is to be borne at the expense of the permit applicant, with work to
be done by competent, qualified personnel acceptable to the Village
Engineer.
(2)
Public improvement permit fees shall be payable to the Village Clerk
prior to the issuance of a public improvement permit pursuant to the
provisions of this section.
(3)
Public improvement fees shall be as follows:
|
Value of Work
|
Fee Percentage
| |
|---|---|---|
|
$50,000 or less
|
8%
| |
|
$50,001 to $250,000
|
6%
| |
|
$250,001 to $500,000
|
5%
| |
|
Greater than $500,000
|
4.5%
|
(4)
After the effective date of this section, the Village Board may amend
such fees by simple resolution.
E.
Performance bond.
(1)
Where, by action of the Village Board, the owner is permitted to
defer to a later date the construction of required public improvements
or a subsequent part or phase of the development of a subdivision
or single lot or parcel, the owner shall furnish and pay for a performance
bond, acceptable to the Village Attorney, in an amount at least equal
to 100% of the estimated construction costs of said required public
improvements. Such performance bond shall constitute security for
the construction of the public improvements, the construction of which
has been deferred, within the time specified by the Village Board,
in accordance with approved plans and specifications, and for the
payment of all persons performing labor and furnishing materials in
connection with such construction.
(2)
The application for a public improvement permit for any subdivision
or parcel or lot on which the construction of required improvements
has been deferred shall state the name and address of the surety company
that has furnished the performance bond and the amount of the performance
bond.
(3)
The Village Board may accept cash or certified funds by placing same
in escrow with the Village in lieu of furnishing a performance bond.
Such cash or certified funds will be released when the deferred work
is completed and the Village Engineer has issued a certificate of
approval.
F.
Maintenance bond.
(1)
The owner shall furnish and pay for surety bonds, acceptable to the
Village Attorney, for the maintenance, restoration and replacement
of any parts of the public improvements where an unsatisfactory condition
or damage develops due to defects in workmanship and materials, erosion,
settlement of backfill or other causes within a period of one year
from the date of issue of the certificate of approval. The maintenance
bond shall be for an amount at least equal to 50% of the estimated
construction costs of the proposed improvements.
(2)
The application for a public improvement permit shall state the name
and address of the surety company that has furnished the maintenance
bond and the amount of the maintenance bond.
G.
Special district agreements. Where applicable, prior to the issuance
of a public improvement permit, the owner will be required to submit
special district and homeowners' association agreements acceptable
to the Village Attorney. Easements and right-of-way deeds for drainage
purposes, with prior approval by the Village Attorney, must be filed
with the Erie County Clerk's office prior to receipt of the public
improvement permit.
H.
Requirements of owner's statement. The application for a public
improvement permit shall include statements by the owner, to be subscribed
and sworn to before a notary public, to the effect that:
(1)
All work will be performed in accordance with approved plans and
specifications and requirements of federal, state and local laws.
(2)
The owner will obtain and pay for all necessary permits.
(3)
The owner will commence work no later than 60 days from the date
of approval of the public improvement permit by the Village Board
and will complete all work within one year of said date of approval.
(4)
The owner will notify the Village Engineer 48 hours before commencing
work under the public improvement permit.
(5)
The owner is cognizant of the fact that the public improvement permit
fee is based on work being performed during normal working hours (7:00
a.m. to 5:00 p.m.), Monday through Friday, except for legal holidays,
and that deviations from such schedule or hours will require Village
Board approval and may also involve the imposition of additional fees.
I.
Issuance of certificate of approval. Upon completion of all work
included in the public improvement permit in a manner satisfactory
to the Village Engineer, the Village Engineer will issue a certificate
of approval.
J.
Number of application copies. Applications for public improvement
permits shall be submitted in quadruplicate to the Village Clerk,
together with four complete sets of drawings (prints) and four complete
copies of specifications for the project.
K.
Approval required. The granting of a public improvement permit will
be contingent upon approvals by the Village Engineer, the Village
Department of Public Works, and the Village Board. The public improvement
permit shall not be effective until approval by the Village Board
and until the Village Clerk has certified that the total public improvement
permit fee has been paid.
