[Amended 9-5-1990 by L.L. No. 2-1990]
It is hereby declared to be the policy of the
Town of Ellicott that the subdivision and development of land for
residential, industrial and commercial or other purposes be regulated
in such a manner as to meet the following requirements for orderly
and harmonious growth for both present and future residents: Land
to be subdivided and developed shall be of such a nature that it can
be used safely without danger to health or any danger of fire, flood,
erosion, noise, pollution or other menace. Suitable provisions shall
be made for proper storm drainage, water supply, sewage disposal,
fire protection and other appropriate utility services. Proposed streets
shall provide a safe, convenient and functional system for vehicular
circulation, which will properly relate to the current street system.
Streets shall be of such a width, grade and location as to accommodate
prospective traffic as determined by existing and probable land uses.
Buildings, lots, blocks and streets shall be so arranged as to allow
adequate light, view and air; to facilitate fire protection; and to
provide ample access for fire-fighting equipment to buildings. Land
shall be subdivided and/or developed with all due regard to topography
to assure the natural beauty, drainage and vegetation of the land.
For the purpose of these regulations, certain
words and terms used herein are defined as follows:
EASEMENT
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the property.
PLANS AND PLATS
A.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision.
B.
PRELIMINARY PLATA tentative subdivision plat, in lesser detail than the final plat, indicating the approximate proposed layout of a subdivision as a basis for study and consideration prior to preparation of the final plat. This is the final step in minor subdivisions.
C.
FINAL PLATThe final map and description on which the exact subdivision plan is presented for approval and which, if approved, will be submitted to the County Clerk for recording.
STREET
Includes streets, roads, avenues, lanes or other traffic
ways, between right-of-way lines.
A.
MAJOR STREET or ARTERIALA street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
B.
COLLECTOR STREETA street which serves or is to serve as a traffic way for a neighborhood or as a feeder to a major street.
C.
MINOR STREETA street intended to serve primarily as an access to abutting properties.
E.
STREET PAVEMENTThe wearing or exposed surface of the roadway used by vehicular traffic.
F.
STREET WIDTHThe width of a right-of-way, measured at right angles to the center line of the street.
SUBDIVISION
A.
SUBDIVIDERAny person, firm or corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein either for himself or others.
[Amended 9-5-1990 as L.L.
No. 2-1990]
B.
SUBDIVISIONThe division of any parcel of land into two or more lots, with or without streets or highways, and includes resubdivision.
C.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots or any size subdivision requiring any new street or extension of municipal facilities.
D.
MINOR SUBDIVISIONAny subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities (water and sewer) and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exists, or these regulations.
TOWN COUNCIL
The Town Council of the Town of Ellicott.
[Amended 1-15-2018 by L.L. No. 1-2018]
[Amended 1-15-2018 by L.L. No. 1-2018]
A. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Town Council, 10 days prior to the regular meeting, two copies of a sketch plan or a proposed subdivision and data as specified in Article
II.
B. The subdivider or his authorized representative shall
meet with the Town Council to discuss the requirements of these regulations
for street improvements, drainage, sewage, water supply, fire protection
and other aspects pertaining to the development.
C. After review of the sketch plan, it will then be determined
as to whether or not this is to be classified as a minor or major
subdivision. The Council may require, however, when it deems it necessary
for protection of the public health, safety and welfare, that a minor
subdivision comply with all or some of the requirements specified
for major subdivisions.
D. The Council shall determine whether the sketch plan
meets the purposes of the regulations set forth and shall, if necessary,
make recommendations in writing to be incorporated by the applicant
in the next submission to the Town Council.
[Amended 9-5-1990 by L.L. No. 2-1990; 1-15-2018 by L.L. No. 1-2018]
A. Within six months after the classification of the
sketch plan as a minor subdivision by the Town Council, the subdivider
shall submit an application for approval of a subdivision plat. Failure
to do so shall require the resubmission of a sketch plan for reclassification.
(1) All applications for plat approval for minor subdivisions
shall be accompanied by a fee of $100.
(2) Four copies of the subdivision plat shall be presented
to the Clerk of the Council at the time of submission of the subdivision
plat.
(3) The subdivider or representative shall attend the
Town Council meeting at the time of submission of the subdivision
plat.
(4) The submission date shall be deemed the date which
the plat and fees are received at a Town Council meeting.
(5) A public hearing shall be held by the Town Council
within 90 days from the time of submission of the subdivision plat
for approval. The public hearing will be advertised in the town newspaper
at least five days prior to such hearing.
(6) The Town Council shall, within 90 days from the date
of the public hearing, act to conditionally approve, conditionally
approve with modification, disapprove or grant final approval and
authorize the signing of the subdivision plat. This time may be extended
by mutual consent of the subdivider and the Town Council. Failure
of the Town Council to act within such time shall constitute approval
of the plat.
B. Upon granting conditional approval with or without
modification to the plat, the Town Council shall empower a duly authorized
officer to sign the plat upon compliance with such conditions and
requirements as may be stated in its resolution of conditional approval.
Within five days of the resolution granting conditional approval,
the plat shall be certified by the Clerk of the Town Council as conditionally
approved, a copy shall be filed in his office and a certified copy
mailed to the subdivider. The copy mailed to the subdivider shall
include a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat. Upon
completion of such requirements, the plat shall be signed by the duly
designated officer of the Town Council. Conditional approval of a
plat shall expire 180 days after the date of the resolution granting
such approval unless the requirements have been certified as completed
within that time. The Town Council may, however, extend the time within
which a conditionally approved plat may be submitted for signature,
if, in its opinion, such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
The following procedure is specified for the
guidance of the subdivider. Since the development of land affects
many aspects of community growth, the subdivider is advised to consult
with officials concerned with engineering, health, assessments, schools,
recreations and other public functions in addition to those designated
in these regulations.
A. Sketch plat procedure.
[Amended 9-5-1990 by L.L. No. 2-1990; 1-15-2018 by L.L. No. 1-2018]
(1) Prior to applying for approval of a preliminary plat, the subdivider shall submit to the Town Council a sketch plan and date as specified in Article
II.
(2) The Town Council shall designate a date with the subdivider,
which date shall be within 30 days from the date of submission.
(3) The subdivider and the Town Council shall discuss
the property in regards to zoning requirements, existing developments
and other problems which may be encountered.
B. Preliminary plat procedure.
(1) The subdivider shall consult with the Chautauqua County
Health Department if the subdivision involves five lots or more.
(2) If installation of a sewer system is involved, the
subdivider shall consult with the Sewer Commission or Town Board for
approval.
(3) The subdivider shall submit to the Town Council a preliminary plat, together with the same supplementary materials as indicated in Article
II.
[Amended 1-15-2018 by L.L. No. 1-2018]
(4) One copy of the preliminary plat and supplementary
material should be presented, plus two additional office copies.
(5) The subdivider shall pay a fee of $100 to cover the
cost of administration.
(6) The Town Council should review the preliminary plat
and related material showing conformity to regulations and the type
and extent of improvement.
[Amended 1-15-2018 by L.L. No. 1-2018]
(7) Within 90 days from the date of submission of the
preliminary plat, which period may be extended with the subdivider's
consent, the Town Council shall take action to conditionally approve
with modification, or disapprove such preliminary plat. The grounds
for disapproval shall be stated upon the records of the Town Council.
Failure of the Town Council to act within the ninety-day period shall
be stated upon the records of the Town Council. Failure of the Town
Council to act within the ninety-day period shall constitute a conditional
approval of the preliminary plat. The submission date shall be deemed
the date which the plat and fees are received at a Town Council meeting.
[Amended 9-5-1990 by L.L. No. 2-1990; 1-15-2018 by L.L. No. 1-2018]
(8) Approval of a preliminary plat shall not constitute
approval of the final plat. It shall be deemed an expression of approval
to the layout submitted on the preliminary plat as a guide to be closely
followed in the final plat which will be submitted by the subdivider
to the Town Council for approval and for recording upon fulfillment
of the requirements of these regulations and conditions of approval.
[Amended 1-15-2018 by L.L. No. 1-2018]
(9) Approval of a preliminary plat may not be revoked
by the Town Council unless a substantial change in the character of
the area or the availability of new information about the site and
its surroundings indicate the unsuitability of the development, as
shown on the preliminary plat. Before such revocation, the subdivider
shall be informed, in writing, of the reasons therefor, and shall
be given an opportunity to be heard before the Town Council.
[Amended 1-15-2018 by L.L. No. 1-2018]
(10)
Approval of the Town Council shall expire after
six months from the date of approval. Extensions for periods of six
months may be granted by the Town Council upon application.
[Amended 1-15-2018 by L.L. No. 1-2018]
C. Final plat procedure.
(1) The final plat shall conform substantially to the
preliminary plat, as approved, and, if desired by the subdivider,
it may constitute only that section of the approved preliminary plat
which he proposed to record and develop at the time, provided that
such section constitutes at least 25% of lots and in no case shall
be less than five lots.
[Amended 9-5-1990 by L.L. No. 2-1990]
(2) Three copies of any changes made between the preliminary
plat and the final plat shall be filed with the Council at this time
with a copy of application for final approval.
[Amended 1-15-2018 by L.L. No. 1-2018]
(3) At the time of filing of the final plat, the subdivider shall also submit materials as required in Article
II.
(4) A public hearing shall be held by the Town Council
within 90 days after the time of submission of a final plat for approval,
which hearing shall be advertised in the town newspaper at least five
days before such hearing. The submission date shall be deemed the
date which the plat and fees are received at a Town Council meeting.
[Amended 9-5-1990 by L.L. No. 2-1990; 1-15-2018 by L.L. No. 1-2018]
(5) Time limits.
[Amended 9-5-1990 by L.L. No. 2-1990; 1-15-2018 by L.L. No. 1-2018]
(a)
The Town Council shall, within 45 days from
the date of the closing of the public hearing, act to conditionally
approve, conditionally approve with modification, disapprove or grant
final approval or grant final approval and authorize the signing of
the subdivision plat. This time may be extended by mutual consent
of the subdivider and the Town Council. Failure of the Town Council
to act within such time shall constitute approval of the plat.
(b)
Upon granting conditional approval with or without
modification to the plat, the Town Council shall empower a duly authorized
officer to sign the plat upon compliance with such conditions and
requirements as may be stated in its resolution of conditional approval.
Within five days of the resolution granting conditional approval,
the plat shall be certified by the Clerk of the Town Council as conditionally
approved, a copy shall be filed in his office, and a certified copy
mailed to the subdivider. The copy mailed to the subdivider shall
include a certified statement of such requirements which, when completed,
will authorize the signing of the conditionally approved plat. Upon
completion of such requirements, the plat shall be signed by the duly
designated officer of the Town Council. Conditional approval of a
plat shall expire 180 days after the date of the resolution granting
such approval unless the requirements have been certified as completed
within that time. The Town Council may, however, extend the time within
which a conditionally approved plat may be submitted for signature,
if, in its opinion, such extension is warranted in the circumstances,
for not to exceed two additional periods of 90 days each.
(6) Within 30 days from the recording of the final plat
or any approved section thereof, the owner shall file with the Town
Council a copy of the plat certified by the County Clerk to be a true
copy of the recorded plat.
[Amended 1-15-2018 by L.L. No. 1-2018]
(7) In the event of disapproval, the grounds for such
action shall be stated in the records of the Town Council, and a copy
of such decision shall be sent to the subdivider.
[Amended 1-15-2018 by L.L. No. 1-2018]
(8) Drawings showing the location of all required improvements
as built shall be certified by a licensed land surveyor or licensed
engineer and filed with the Town Council within 30 days prior to the
acceptance of the improvements by the town. Until such as-built plans
are filed, no performance bond guaranteeing the completion of such
improvements shall be released.
[Amended 1-15-2018 by L.L. No. 1-2018]
[Amended 1-15-2018 by L.L. No. 1-2018]
The following planning and design standards
shall be complied with except where the Town Council finds that, because
of exceptional and unique conditions of topography, location, shape,
size, drainage or other physical features of the site, the minimum
standards specified herein would not reasonably protect or provide
for the public welfare. These improvements shall be made before acceptance
by the town.
A. Streets.
(1) The arrangement, character, width, grade and location
of all streets shall conform to the Master Plan, if any, and shall
be considered in relation to present and planned streets.
(2) Whenever possible, the streets in a subdivision should
provide for the continuation of present streets.
(3) Minor streets should be laid out so that their use
by through traffic will be discouraged.
(4) Intersections of minor streets with arterial and collector
streets shall be held to a minimum to avoid hazard.
(5) Half streets shall be prohibited except where it is
necessary to provide the remaining half of a previously approved half
street.
(6) No names shall be used which will duplicate or be
confused with the names of existing streets in the Town of Ellicott.
Streets that are the extensions of or in alignment with existing streets
shall bear the same name of that street. The Town Council shall approve
all new street names.
(7) No dead-end streets shall be permitted without a suitable
turnaround. Dead-end streets which in the future will connect with
future streets in adjoining tracts shall also provide a suitable turnaround.
Arrangements shall be made that the portions of the turnarounds revert
to the proper property owners when they are extended.
The following improvements shall be installed
by the subdivider prior to the approval of the final plat; or, alternately,
he shall post a performance bond or other reasonable assurance that
the improvements will be made. Utility and street improvements shall
be provided in accordance with the following:
A. Public water, where required, in accordance with existing
standards.
B. Sanitary sewer system, where required, in accordance
with the Sewer Commission and the Chautauqua County Department of
Health.
C. Streets in accordance with the design standards stated in §
130-6 and with approval of the Town Council.
[Amended 1-15-2018 by L.L. No. 1-2018]
D. Storm sewer system and other drainage improvements
in accordance with procedures and standards in accordance with approval
by the Town of Ellicott Town Council.
[Amended 1-15-2018 by L.L. No. 1-2018]
E. Streetlighting according to plans and specifications
approved by the Town Council.
[Amended 1-15-2018 by L.L. No. 1-2018]
F. Fire hydrants, a maximum of 500 feet apart in areas
where public water is available and required. The hydrant must be
of a kind that is approved by the local Fire Department.
G. Street name signs at all intersections, the design
of which shall be approved by the Highway Superintendent.
[Amended 1-15-2018 by L.L. No. 1-2018]
A. Where the Town Council finds that, due to the special
circumstances of a particular plat, the provision of certain required
improvements is not requisite in the interest of the public health,
safety and general welfare or is inappropriate because of inadequacy
or lack of connecting facilities adjacent to or in proximity with
the proposed subdivision, it may waive such requirements subject to
appropriate conditions, provided that such waiver will not have the
effect of nullifying the intent and purpose of the Official Map, the
Master Plan or the Zoning Ordinance, if such exists.
B. In granting waivers, the Town Council shall require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements so waived.
[Amended 1-15-2018 by L.L. No. 1-2018]
The sketch plan initially submitted to the Town
Council shall be based on Tax Map information or some other similarly
accurate base map at a scale [preferably not less than 200 feet to
the inch] to enable the entire tract to be shown on one sheet. The
sketch plan shall be submitted, showing the following information:
A. The location of that portion which is to be subdivided
in relation to the entire tract and the distance to the nearest existing
street intersection.
B. All existing structures, wooded areas, streams and
other significant physical features, within the portion to be subdivided
and within 200 feet thereof. If topographic conditions are significant,
contours shall also be indicated at intervals of not more than 10
feet.
C. The name of the owner and of all adjoining property
owners as disclosed by the most recent municipal tax records.
D. The Tax Map sheet, block and lot numbers, if available.
E. All the utilities available, and all streets which
are either proposed, mapped or built.
F. The proposed pattern of lots (including lot width and depth), street layout, recreation areas, systems of drainage, sewerage and water supply within the subdivided area. (See §
130-11C.)
G. All existing restrictions on the use of land, including
easements, covenants or zoning lines.
In the case of minor subdivision only, the subdivision
plan application shall include the following information:
A. A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.
B. An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearing and distances,
made and certified to be a licensed land surveyor. The corners of
the tract shall also be located on the ground and marked by monuments
as approved by the Town Council and shall be referenced and shown
on the plat.
[Amended 1-15-2018 by L.L. No. 1-2018]
C. All on-site sanitation and water supply facilities
shall be designed to meet the minimum specification of the State Department
of Health, and a note to this effect shall be stated on the plat and
signed by a licensed engineer.
D. Proposed subdivision name and the name of the town
and county in which it is located.
E. The date, North point, map scale, name and address
of record owner and subdivider.
The following documents shall be submitted for
approval:
A. Three copies of the preliminary plat prepared at a
scale of not more than 100, but preferably not less than 50, feet
to the inch, showing:
(1) Proposed subdivision name, name of town and county
in which it is located, date, true North point, scale, name and address
of the record owner, subdivider and engineer or surveyor, including
license number and seal.
(2) The name of all subdivisions immediately adjacent,
and the name of the owners of record of all adjacent property.
(3) Zoning district, including exact boundary lines of
the district, if more than one district, and any proposed changes
in the zoning district lines and/or the Zoning Ordinance text applicable to the area to be subdivided.
(4) All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(5) Location of existing property lines, easements, buildings,
watercourses, marshes, rock outcrops, wooded areas, single trees measured
three feet above the base of the trunk, and other significant existing
features for the proposed subdivision and adjacent property.
(6) Location of existing sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(7) Contours with intervals of five feet or less as required
by the Council, including elevations on existing roads. Approximate
grading plan if natural contours are to be changed more than two feet.
[Amended 1-15-2018 by L.L. No. 1-2018]
(8) The width and location of any streets or public ways
or places shown on the Official Map or the Master Plan, if such exists,
within the area to be subdivided, and the width, location, grades
and street profiles of all streets or public ways proposed by the
developer.
(9) The approximate location and size of all proposed
waterlines, valves, hydrants and sewer lines, and fire alarm boxes.
Connection to existing lines or alternate means of water supply or
sewage disposal and treatment as provided in the Public Health Law.
Profiles of all proposed water and sewer lines.
(10)
Storm drainage plan indicating the approximate
location and size of proposed lines and their profiles. Connection
to existing lines or alternate means of disposal.
(11)
Plans and cross sections showing the proposed
location and type of sidewalks, streetlighting standards, street trees,
curbs, water mains, sanitary sewers and storm drains, and the size
and type thereof, the character, width and depth of pavements and
subbase, the location of manholes, basins and underground conduits.
(12)
Preliminary designs of any bridges or culverts
which may be required.
(13)
The proposed lot lines with approximate dimensions
and area of each lot.
(14)
Where the topography is such as to make difficult
the inclusion of any of the required facilities within the public
areas as laid out, the preliminary plat shall show the boundaries
of proposed permanent easements over or under private property, which
permanent easements shall not be less than 20 feet in width and which
shall provide satisfactory across to an existing public highway or
other public highway or public open space shown on the subdivision
or the Official Map.
(15)
An actual field survey of the boundary line
of the tract, giving complete descriptive data by bearings and distances,
made and certified to by a licensed land surveyor. The corners of
the tract shall also be located on the ground and marked by substantial
monuments of such size and type as approved by the Town Council and
shall be referenced and shown on the plat.
[Amended 1-15-2018 by L.L. No. 1-2018]
B. If the application covers only a part of the subdivider's
entire holding, a map of the entire tract, drawn at a scale of not
less than 400 feet to the inch showing an outline of the platted area
with its proposed streets and an indication of the probable future
street system with its grades and drainage in the remaining portion
of the tract and the probable future drainage layout of the entire
tract, shall be submitted. The part of the subdivider's entire holdings
submitted shall be considered in the light of the entire holdings.
C. A copy of such covenants or deed restrictions as are
intended to cover all or part of the tract.