[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 3-22-1965 (Ch. 135 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 104.
Electrical standards — See Ch. 131.
Fire prevention — See Ch. 156.
Historic districts and landmarks — See Ch. 184.
Plumbing — See Ch. 244.
Sewers — See Ch. 263.
Stormwater management — See Ch. 292.
Streets and sidewalks — See Ch. 297.
Zoning — See Ch. 350.
A.
The regulations herein contained are adopted for the purpose of providing
for the sound growth and development of the Village and of affording
adequate sites and facilities for transportation and for the safety,
health and welfare of its population and for providing reasonable
and equitable requirements in the interests of developers, investors
and homeowners so as to ensure stable property values, all pursuant
to § 334 of the Real Property Law and Article 6-A of the
Village Law.[1]
[1]
Editor's Note: Provisions are now covered in Article
7 of the new Village Law.
B.
No subdivision of land shall be made, nor shall any contract be made
for the sale of any part thereof and no permit for the erection of
a structure in any proposed subdivision shall be granted and no street,
sanitary sewer or water main shall be laid out, constructed, opened
or dedicated except in accordance with the provisions of these regulations.
A.
Whenever any subdivision of land is proposed to be made, the subdivider
thereof may submit general site information, a location map and sketch
plan to the Planning Commission for informal consideration and advice.
The purpose of this procedure is to afford the subdivider an opportunity
to consult early and informally with the Planning Commission before
preparation of a preliminary layout, in order to save time and money
in the preparation thereof.
B.
At the informal hearing the subdivider should be prepared to discuss
the following items:
(1)
Name of the proposed subdivision.
(2)
Name of the owner, owners or corporate entity involved.
(3)
Location of the premises with respect to existing highways or nearby
streets.
(4)
Number of acres in the entire proposed subdivision.
(5)
Topography of the premises.
(6)
Proposed location of any free area or recreational site.
(7)
Anticipated method of marketing of lots; whether the subdivider intends
to build and sell homes or lots singly or in multiples to prospective
builders.
(8)
General statement as to type of home to be erected and value of same.
(9)
If proposed layout covers only a portion of entire parcel owned or
controlled by the subdivider, a plan for the street layout of the
entire parcel.
(10)
Name and location of all adjoining parcels of property.
(11)
Source of water supply.
(12)
Provisions for stormwater and sewage disposal.
(13)
Plans for the establishment of special improvement areas.
(14)
Nearby land uses and structures.
(15)
Contemplated and existing deed restrictions.
(16)
Requirements for approval by Erie County Health Department.
(17)
All other matters pertinent to the proposed subdivision.
[Amended 11-22-1976]
Whenever any subdivision of land is proposed to be made, the
subdivider shall apply in writing to the Village Board for approval
of such subdivision at least five days prior to a regularly scheduled
meeting. The application shall be filed with the Village Clerk and
shall be accompanied by three copies of the preliminary layout, a
filing fee of $20 per lot or such other fee as may from time to time
be designated by the Board of Trustees and evidence of ownership of
the property.
A.
The preliminary layout shall show existing data as follows:
(1)
Key plan showing location and boundaries of tract.
(2)
Mapped area shall include the proposed subdivision and sufficient
margin on all sides to indicate the entire tract owned or controlled
by the subdivider, as well as property ownerships bounding the proposed
subdivision. If the tract owned or controlled by the subdivider is
larger than the proposed subdivision, the layout shall show plans
for the prospective development of the entire tract.
(3)
Boundary lines and ownership shall be taken from official deed description
or as surveyed by a professional engineer or licensed land surveyor.
(4)
The scale of such map shall be not more than 200 feet to the inch
[preferred scale: one inch equals 100 feet.]
(5)
In resubdividing a plat recorded in the office of the County Clerk,
the map shall indicate the name of the original subdivision and shall
indicate clearly in what manner the lots have been subdivided.
(6)
Location, width and purpose of easements.
(7)
Streets on and adjacent to the tract, including all streets shown
on the Official Map, with name and right-of-way width and location,
type, width and elevation of surfacing; walks; curbs; gutters; bridges;
culverts; etc.
(8)
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 streetlights. If water mains or 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 at recognized flood
stage shall be shown.
(9)
Ground elevations on the tract, United States Geological Survey recommended;
for land that slopes less than approximately 2%, show spot elevation
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 preparing plans and construction drawings.
(10)
Other existing conditions such as buildings, marshes, rock outcrop
and wooded areas where applicable.
B.
The preliminary layout shall show proposals, including the following:
(1)
Streets with names, right-of-way and roadway widths, approximate
grades.
(2)
Other rights-of-way or easements with location, width and purpose.
(3)
Location of utilities if not shown on other exhibits.
(4)
Lot lines, lot numbers.
(5)
Sites to be reserved or dedicated for parks, playgrounds or other public uses, if any. (See § 301-9.)
(6)
Sites, if any, for uses other than single-family dwellings.
(7)
Topography or any major alterations to the land configuration.
(8)
Location of temporary turnaround space if application is made for approval of part of a larger subdivision and if the portion for which approval is sought results in a dead-end street or streets. [See § 301-11A(13).]
A.
The Village Board shall elicit such information on and give such
instructions to the subdivider as it deems necessary and shall refer
three copies of the preliminary layout to the Planning Commission.
The Planning Commission shall make such studies as it shall deem necessary,
including consultations with the subdivider, the Village Engineer
and other Village officials and employees.
B.
Within 90 days of receipt of the preliminary layout from the Village
Board, the Planning Commission shall report back to the Village Board
its recommendations pertaining to the proposed subdivision. One copy
of the preliminary layout and report shall be sent to the Village
Board; one copy of each shall be sent to the Department of Public
Works; one copy of each shall be retained by the Planning Commission;
and a copy of the recommendations shall be sent to the subdivider.
C.
The Village Board shall hold such hearing or hearings as it deems
necessary concerning the proposed subdivision, following receipt of
the report of the Planning Commission. Such hearings need not be advertised,
and no notice of same need be given to any person except the subdivider
and the Chairman of the Planning Commission.
D.
Following such hearing or hearings the Village Board shall approve,
conditionally approve or disapprove the preliminary layout. Notice
of such decision shall be promptly sent to the subdivider. If modifications
are required, the notice shall state that approval is conditional
on the making of the modifications set forth in the notice. If the
proposed subdivision is disapproved, the reasons for such action shall
be set forth in the notice. Approval or conditional approval shall
expire within one year of transmittal of notice to the subdivider
unless an application for final approval shall be made within such
period.
The subdivider shall file with the Village Clerk a final subdivision
plat meeting all requirements of the Village Board, as set forth in
the notice pertaining to the preliminary layout. As soon thereafter
as practicable a public hearing shall be held by the Village Board,
with written notice to the subdivider and Chairman of the Planning
Commission and any other notice deemed desirable by the Village Board.
A.
The final subdivision plat shall conform substantially to the preliminary
layout as approved and shall show only that portion of the approved
preliminary layout which the subdivider proposes to record and develop
at the time.
B.
Such plat shall be accompanied by an offer of cession of all streets
and parks and other recreation areas and any other required easements
or conveyances, such offer to remain binding on the subdivider of
the premises, his heirs and assigns, until acceptance or disapproval
by the Village Board or until application for a resubdivision is approved.
No action taken by the Village Board or any other officer or agency
of the Village in accordance with these procedures shall be deemed
to be an agreement to accept or an acceptance of title or other interest
in or to any real or personal property until the same is accomplished
by specific resolution of the Village Board.
C.
Such plat shall also be accompanied by a statement from the Department of Public Works or the Village Engineer to the effect that all improvements required by these regulations (see § 301-10) have been installed in accordance with these regulations, other resolutions by the Village Board pertaining to such matters or, in the absence of specific regulations, in accordance with the requirements of the Superintendent of Public Works or the Village Engineer.
D.
As an alternative to the installation, in whole or part, of the improvements
herein required, the Village Board may accept a performance bond sufficient
to cover the full cost of improvements remaining to be made, such
cost to be as estimated by the Superintendent of Public Works or the
Village Engineer. Such performance bond shall be issued by a bonding
or surety company approved by the Village Board and approved as to
form, sufficiency and manner of execution by the Village Attorney.
Such performance bond shall run for a term to be fixed by the Village
Board, but in no case longer than three years. The amount of such
bond may be increased or decreased from time to time as work may progress
or as probable remaining costs may change. In the event that any required
improvements have not been installed as provided in this section within
the term of such performance bond, the Village Board may thereupon
declare said bond to be in default and collect the sum remaining payable
thereunder; and upon receipt of the proceeds thereof, the Village
shall install such improvements as are covered by such bond and that
are commensurate with the extent of building development that has
taken place in the subdivision but not exceeding in cost the amount
of such proceeds.
E.
The following notations must appear on all subdivision plats before
final approval of the Village Board. The Building Inspector shall
refrain from issuing a building certificate unless the stated conditions
are met:
|
"No building permit for construction on any lot in this subdivision
will be issued if the width of the lot or the lot area is less than
that indicated on this subdivision map, unless a change in lot size
is approved by the Village Board."
| |
|---|---|
|
"Approval of this subdivision map by the Village Board shall
not be deemed to be acceptance of an offer of cession or dedication
of public streets. No building permit will be issued for a lot on
any street until acceptance of such street is made by the Village
of Lancaster."
|
F.
Such plat shall be accompanied by approval of same by the Erie County
Health Department.
A.
If all conditions pertaining to the subdivision plat have been met,
the Village Board shall certify its approval on one copy of such subdivision
plat. In the event that any condition or conditions of approval have
not been met, written notice shall be given the subdivider of such
failure. All conditions of approval shall thereafter be met by the
subdivider and a resubmission of application shall be made within
60 days thereafter to the Village Board. Failure to submit a subdivision
plat in conformity with the requirements of the Village Board within
such period shall be deemed to be a withdrawal of the entire application
for approval of the preliminary layout and subdivision plat, and all
prior approvals or conditional approvals shall be null and void.
B.
After approval of a subdivision plat by the Village Board, such plat
shall be filed in the office of the Erie County Clerk within 90 days.
Said approval shall expire unless filing is timely made.
C.
After filing the approved subdivision plat, the subdivider shall
submit to the Village Clerk five copies of such plat showing the map
cover number and date of filing in the County Clerk's office.
These copies shall be distributed as follows:
When required by the Village Board, a park or parks suitably
located for playground or other recreation purposes shall be required
prior to approval; provided, however, that the Village Board may waive,
subject to appropriate conditions and guaranties and for such period
as it may determine, the requirement for such land when the special
circumstances of a particular plat or plats are not requisite in the
interest of public health, safety and general welfare.
A.
The subdivider shall, at his own expense, install all of the following
improvements in accordance with the standards and specifications of
these regulations and other regulations of the Village Board or, in
the absence of such specific regulations, in accordance with the requirements
of the Superintendent of Public Works or the Village Engineer.
B.
The Village Board may waive, subject to appropriate conditions and guaranties and for such period as it may determine, the provision of any or all such improvements mentioned in § 301-10 hereof as, in its judgment of the special circumstances of a particular plat or plats, are not requisite in the interests of the public health, safety and general welfare.
A.
Streets.
(1)
The arrangement, character, width, grade and location of all streets
shall conform to the future land use plan and to the Official Map,
if any, and shall be considered in their relation to other existing
streets, to topographical conditions, to public convenience and safety
and in their appropriate relation to the proposed uses of land to
be served by such streets.
(2)
Streets in a subdivision shall provide for the continuation or appropriate
projection of existing principal streets in surrounding areas and
conform to any plan for the adjacent area approved or adopted by the
Village Board.
(3)
Minor streets shall be so laid out that their use by through traffic
will be discouraged.
(4)
Where a subdivision abuts on or contains an existing or proposed
arterial street, the Village Board may require marginal access streets,
reverse frontage with screen planting contained in a nonaccess reservation
along the rear property line, deep lots with or without 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 Village Board 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 business,
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 separation.
(6)
Street jogs with center line offsets of less than 125 feet shall
be avoided.
(7)
Compound, reverse and broken curves should be avoided. However, a
reverse curve on an arterial or collector street with a tangent of
at least 125 feet may be acceptable.
(8)
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°. This requirement may be waived if adequate channels
or divisional islands are provided to ensure traffic safety.
(9)
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.
(10)
Curb radii at intersections shall not be less than 20 feet.
(11)
Minimum street right-of-way and pavement widths shall be as
follows; these are recommended minimum pavement widths; final pavement
width shall be determined by the Superintendent of Public Works or
the Village Engineer.
|
Street Type
|
Right-of-Way
(feet)
|
Minimum Pavement Width
(feet)
| |
|---|---|---|---|
|
Arterial
|
80*
|
40
| |
|
Collector
|
60
|
30
| |
|
Minor
|
60
|
26
| |
|
Marginal access
|
40
|
20
|
|
*
|
Not including right-of-way marginal access streets, if any.
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(12)
Half streets shall be prohibited except where essential to the
reasonable development of the subdivision in conformity with the other
requirements of these regulations; and where the Village Board finds
that it will be practicable to obtain dedication of the other half
when the adjoining property is subdivided, the other half of the street
shall be shown on the subdivision plat.
(13)
Dead-end streets, designed to be so permanently, shall in general
be not longer than 500 feet and shall be provided at the closed end
with a turnaround having an outside roadway diameter of at least 120
feet. Dead-end streets, designed to be so temporarily, pending the
extension of such streets into contiguous land by further subdivision
process, shall contain temporary turnaround facilities which shall
be suitable as permanent facilities in the event that no further subdivision
is made extending such streets. All agreements or offers concerning
same shall be subject to approval of the Village Attorney.
(14)
No street names shall be used which will duplicate or be confused
with the names of existing streets.
(15)
Street grades shall not exceed the following:
|
Street Type
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Arterial
|
4
| |
|
Collector
|
6
| |
|
Minor
|
8
| |
|
Marginal access
|
8
|
(16)
In order to facilitate drainage, no street grade shall be less
than 0.4% when possible, but in no event less than 0.3%.
B.
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
12 feet wide.
(2)
Where a subdivision is traversed by a watercourse, drainageway or
channel, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse
and such further width or construction, or both, as will be adequate
for drainage purposes.
(3)
Easements for surface water or watercourse drainage shall not be
less than 12 feet in width, unless otherwise specified by the Superintendent
of Public Works or Village Engineer. Further, this type of easement
shall be shown on the drainage and storm sewer facilities plan and
be clearly and expressly marked "Easement for Surface Drainage."
(a)
Drainage grades in front, rear and/or side yards shall be established by the subdivider to conform to the lot and block grading standards set forth in § 301-11E of these subdivision regulations and be shown on all drawings of storm-sewer facilities.
[Amended 7-28-1969; 6-29-1976 by L.L. No. 9-1976; 11-22-1976]
(b)
A minimum grade of not less than 0.33% shall be maintained along
these easements.
(c)
Special conditions. If in the opinion of the Superintendent
of Public Works or Village Engineer, after review of plans submitted
by the subdivider, additional sewer facilities are needed to carry
off surface water from rear and/or side yard areas, these additional
sewer structures shall become part of the general storm-sewer plan.
D.
Lots.
(1)
Land subject to flooding shall not be platted for residential occupancy
nor for such uses as may increase danger of life or property or aggravate
the flood hazard.
(2)
The subdividing of the land shall be such as to provide each lot
with satisfactory access from an existing or proposed public street.
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 subdivision.
(3)
Double 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 of at least 10 feet in width, 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.
(4)
Side lot lines shall be substantially at right angles or radial to
street lines.
(5)
Rear lot lines coinciding with side lot lines shall be avoided wherever
possible.
E.
Lot and block grading standards. For the purposes of this chapter,
grading standards will be divided into either lot or block categories.
[Added 7-28-1969; 6-29-1976 by L.L. No. 9-1976; 11-22-1976]
(3)
Combinations of lot and block grading classifications. Variations using combinations of lot and block grading standards shall be permitted, provided they meet the standards as set forth in the tables referred to in Subsection E(4) below and are approved by the Superintendent of Public Works, the Building Inspector or the Village Engineer.
(4)
The tables for lot and block grading standards which shall be followed
in all grading cases arising subsequent to the date of the adoption
of this chapter are on file in the office of the Building Inspector.
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 waive or modify the application
of any of the requirements herein relating to the 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.
For the purpose of these regulations, the following definitions
are intended for the terms listed:
A map adopted by the Village Board pursuant to §§ 179-e
and 179-h of the Village Law.[1]
The duly appointed Planning Commission of the Village of
Lancaster, pursuant to Article 12-A of the General Municipal Law.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or similar designation.
ARTERIAL STREETS AND HIGHWAYSThose used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major street system of arterial streets, including the principal entrance streets of a residential development.
MINOR STREETSThose which are used primarily for access to abutting properties.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.
A person, group or organization proposing to subdivide land
within the Village of Lancaster, including agents of same and the
owners of such land whenever an act or agreement or assent of said
owners is necessitated by the provisions of these regulations.
The division of any parcel of land into two or more lots,
plots, blocks or sites.
[Amended 9-28-1998 by L.L. No. 5-1998]
The Board of Trustees of the Village of Lancaster.
[1]
Editor's Note: Provisions are now covered under § 7-724
of the new Village Law.
[Added 11-26-2007 by L.L. No. 14-2007]
A.
Preliminary subdivision plat. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 292, Part 1, and Chapter 350, Article XIII, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 350, Article XIII. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 292, Part 1, and Chapter 350, Article XIII.
B.
Final subdivision plat approval. A stormwater pollution prevention plan consistent with the requirements of Chapter 292, Part 1, and Chapter 350, Article XIII, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 350, Article XIII. The approval final subdivision plat shall be consistent with the provisions of Chapter 292, Part 1, and Chapter 350, Article XIII.
