A.
Initiation. Wherever any subdivision of land is proposed and before
any permit for the erection of a structure in such proposed subdivision
shall be granted, the subdivider or authorized agent shall apply for
and secure preliminary review and final approval of such proposed
subdivision in accordance with the procedures set forth in this article.
B.
Application. Prior to application for approval for any subdivision,
the subdivider shall submit to the Director a preliminary plat in
order to review the general layout and its compliance with the objectives
of these regulations.
(1)
Three copies of the preliminary plat shall be submitted showing or
accompanied by the following information:
(a)
A map, drawn to scale of not less than 100 feet to the inch,
showing the plan of the proposed subdivision, indicating the following:
[1]
The location of the proposed subdivision by an insert map at
a scale of not less than two inches equals one mile, showing adjoining
roads, their names, schools, parks and other surrounding development
which may be pertinent.
[2]
The name of the subdivider and the name, stamp and professional
status of the designer of the subdivision, who shall be a surveyor
or engineer.
[3]
The location of existing and proposed property lines, easements,
buildings, watercourses, water or sewer mains and other essential
features of the area to be subdivided and within an area of 200 feet
of the boundaries of the area to be subdivided and the names of the
owners of all such properties.
[4]
The location, names and widths of existing and proposed streets,
highways, easements, parks and other public properties within the
area to be subdivided and within 200 feet therefrom. Where new streets
are proposed, the right-of-way line and width and the pavement lines
and width shall be shown.
[5]
All areas proposed to be offered for dedication to public use
shall be shown and so indicated, and any conditions of such dedication
shall be included or attached.
[6]
The location of all existing and proposed connections with existing
and proposed water, sewer and other utility lines and the indication
of provisions for and location of surface drainage facilities.
[7]
Elevations of existing and proposed ground surface at all street
intersections and at points of major grade change along the center
line of streets, together with proposed grade lines connecting therewith.
(b)
The zoning classification of the parcel or parcels to be subdivided
and the zoning classification of all adjacent lots according to the
Zoning District Map of the City of Lackawanna.
(c)
A deed description certified by the attorney or a map survey
of the boundaries of the parcel or parcels to be subdivided made and
certified by a surveyor.
(d)
A topographic map of the area showing existing five-foot contours
or such contour interval as required by the Director and watercourses
for the subdivision area and the area approximately 200 feet outside
of said limits.
(e)
A detail sheet showing typical cross sections of the proposed
grading of the subdivision.
(f)
A statement describing the capacity of existing utilities and
the predicted impact of the proposed subdivision upon the existing
facilities, accompanied by letters of concurrence signed by the said
utilities.
(g)
An outline and description of the public improvements to be provided in compliance with § 144-6 of this chapter and such preliminary drawings and information for said improvements as may be required by the Director.
(h)
Preliminary designs of any bridges, culverts or other such facilities
which may be required.
(i)
If and when the subdivider holds undeveloped land adjacent to
the proposed subdivision or where such adjacent parcel does not front
on any existing street, a sketch of a prospective future street layout
for such adjacent parcel shall be shown on the same map as the proposed
subdivision.
(j)
The environmental impact of the proposed subdivision ordinance
including an environmental impact statement as set forth in the State
Environmental Quality Review Act.
C.
Conference. At either the subdivider's or the Director's
request, the Director shall discuss the preliminary plat with the
subdivider in order to determine whether or not the preliminary plat
generally conforms to the requirements of this chapter, the Zoning
Code and other applicable codes of the City of Lackawanna.
D.
Action by the Director. The Director shall advise the subdivider,
in writing, within 45 days from the date of submission of the preliminary
plat, which may be by formal letter or by legible markings on a copy
of the preliminary plat, concerning any additional data that may be
required, the character and extent of public improvements that will
have to be made; an estimate of the cost of construction or improvements
that will have to be made; the amount of the performance bond, letter
of credit or other financial guaranty approved by the Director of
Finance which will be required; and the general conformance of the
preliminary plat to the requirements of this chapter.
E.
Effect of action. The Director's action on the preliminary plat
does not constitute a guaranty of approval of the final plat.
A.
Initiation. Within six months of the Director's action on the
preliminary plat, the subdivider shall make application at the office
of the Director for approval of the final plat.
B.
Application and requirements.
(1)
Such application shall be made at least 33 days prior to the next
regularly scheduled meeting of the Commission at which action is desired
and shall be accompanied by the following information and maps:
(a)
One original drawing in waterproof ink on tracing cloth or permanent
tracing film and 12 reproductions of such drawing of the proposed
subdivision which incorporates all of the information and conditions
required by the Director's action on the preliminary plat.
(b)
Final design of any bridges, culverts or other such facility
which may be required.
(c)
All other detail sheets, information and maps as required by
the Director's action on the preliminary plat shall be shown
and drawn to scale, with all the necessary dimensions shown, including
the length of all lot and street lines, deflections, angles, radii
length of curves, tangent distances and tangent bearings for streets
and any necessary data for the location of any lot or street line
in the field. All dimensions shall be shown in feet and decimals of
feet. A blank oblong, three inches by five inches, shall be reserved
for the use of the approving authority.
(d)
Detail sheets showing the exact location, construction and specifications of all required improvements, bearing certification by the Director that all required improvements have been designed and planned in accordance with the engineering and improvement standards of the City of Lackawanna, § 144-7 of this chapter and the applicable codes of Erie County and the State of New York.
(e)
A list of all improvements for which waivers are requested.
(f)
An offer to dedicate to the City all highways, streets and parks
so indicated and described on the plats and accompanied by a letter
of concurrence signed by the Commissioner of Public Works.
(g)
If the subdivider is not making an offer for dedication to the
public of the streets, highways and parks shown on the subdivision
map, he or she shall mark a notation to that effect on the plat.
(h)
A performance bond or letter of credit shall be required for
100% of the estimated cost of the public improvement work to be done
as determined by the Director and shall be posted at the time of submission
of the final plat. No reimbursement for any improvement shall be made
by the City or any district, department or authority thereof. In addition,
a separate guaranty bond for a two-year period or a two-year letter
of credit in the amount of 25% of the estimated cost of the public
improvement work, as determined by the Director, shall be supplied
at the time of acceptance of the improvements. Such performance and
guaranty bonds shall conform to the requirements of § 33
of the General City Law of the State of New York.
(i)
Proof of continued maintenance of common facilities by deed
restriction or otherwise for furnishing of City services for those
subdivisions where public dedication of access is not to be furnished.
(j)
A scheme for street naming and house numbering shall be drawn
by the subdivider. Street names are approved by the City Council and
house numbers are approved by the Director.
(k)
The locations and coordinates of all monuments shall be referenced
to the nearest approved control point as directed by the Director
where and if such control points are in existence. In the absence
of such a control point, the subdivider shall establish monuments
for the subdivision to the satisfaction of the Director.
(2)
The plat and each of the accompanying detail sheets, plans and maps
shall bear the name, stamp and professional status of the preparer.
C.
Hearing. Unless the subdivision is exempt pursuant to § 144-5H, a public hearing shall be held by the Planning Board on the proposed subdivision, which shall have been advertised by publication in an official paper or a newspaper of general circulation within the City at least 20 days prior to such hearing and by mail to all property owners within 200 feet of such subdivision at least 20 days prior to such hearing.
D.
Actions.
(1)
By Director and City Attorney.
(a)
Prior to hearing. Any deed restriction or other arrangement
which describes the procedures for continued maintenance of common
facilities shall be reviewed by the City Attorney for conformity to
law and by the Director for feasibility.
(2)
By Planning Board.
(a)
The Planning Board shall present at the public hearing the character
and extent of the required public improvements for which waivers have
been requested and concurred with by the Director.
(b)
Following final review and the public hearing concerning the
proposed subdivision, the Planning Board shall approve, modify and
approve or disapprove the final plat.
(c)
The Planning Board shall state, in writing, to the subdivider
the terms of conditional approval or the reasons for disapproval.
(3)
By Director.
(a)
If, within 45 days of the completed application for approval
of the final plat and submission of final drawings, the Planning Board
has not approved, conditionally approved or disapproved the final
plat, such final plat shall be deemed approved and a certificate shall
be issued by the Director so stating. Approval shall be noted on the
plat by signature of the Director.
(b)
If an exemption is permitted pursuant to § 144-5H such that no hearing is required and no action by the Planning Board is required, the Director shall determine whether or not the final plat conforms to the requirements of this chapter and of the Zoning Code.
[2]
Following the issuance of the exemption, the Director or his
or her appointed representative shall give notice of the pending application.
The notice shall inform interested parties that they may submit written
statements relevant to the application and shall set a final date
on which statements may be submitted. The notice shall be given by
mail to the applicant; to the owner if different from the applicant;
to any person deemed by the Director to have a direct interest in
the application; and to owners of lots that abut the subdivision or
that lie directly across a street which abuts the subdivision.
[3]
The Director shall then approve, modify and approve or disapprove
the final plat. The failure of the Director to act within 45 days
of the completed application for approval of the final plat or such
longer period of time as may be agreed to by the applicant shall be
deemed approval of the final plat.
[4]
The Director shall state, in writing, to the subdivider the
terms of conditional approval or the reasons for disapproval.
[5]
Action by Planning Board. If the Director shall decline to approve
the application or approve it subject to modification which is not
acceptable to the applicant or if any person is aggrieved by the action
of the Director, or such action shall not be deemed a final administrative
action but shall only be authorization for the applicant or the person
aggrieved to refer the application to the Planning Board for review
and decision. Such referral shall be made by filing a written request
with the Director within 30 days of the action, specifying the grounds
therefor. The Director shall promptly refer such request to the Planning
Board, which shall review and act upon the application within 33 days
of receipt. The decision of the Planning Board shall be final.
[6]
Prior to construction of surface drainage facilities. The construction
plans for surface drainage requirements shall be approved by the City
Engineer prior to construction of any drainage facilities within the
subdivision. The plans shall bear the certification of a professional
engineer as evidence of responsibility for the surface drainage planning
within the development. All surface drainage construction shall be
subject to adequate inspection.
(4)
By Director and Fire Marshal.
(a)
Following filing. As soon as the required public improvements
are completed, the Director and the Fire Marshal shall inspect them
and certify that they comply with the City's specifications and
standards.
(5)
By Director.
(a)
Following inspection. As soon as the required public improvements
are completed, the Director shall communicate to the City Council
a recommendation to accept the offer to dedicate the streets and highways
shown on the subdivision map.
(6)
By City Council. Following receipt of the Director's recommendation
for acceptance of streets and highways, the offer of dedication shall
be presented to the City Council for acceptance or rejection.
E.
Filing.
(1)
The Board shall retain one reproduction of the final plat as approved
and transmit two reproductions to the Commissioner of Public Works,
upon which shall appear the terms of any conditional approval and
signature of the Director. The original drawings shall be returned
to the subdivider for filing in the Office of the Erie County Clerk.
(2)
Within 90 days of the approval or conditional approval of the final plat or within 90 days of the issuance of a certificate granting approval of the final plat due to the failure of the Board to act as required in accordance with § 144-5D of this article, the subdivider shall file the original drawing of the final plat as approved with the Office of the Erie County Clerk or such approval or certificate granting approval shall expire and be void.
F.
Limitations on approval.
(1)
No changes, erasures, modifications or revisions shall be made in any final plat after approval has been granted by the Board or after issuance of a certificate granting such approval or by the Director pursuant to § 144-5D(3)(b). In such cases the plat shall be void and shall be stricken from the records of the City of Lackawanna and the County of Erie.
(2)
The approval of plans of proposed surface drainage and flood hazard
prevention requirements shall not constitute the representation, guaranty
or warranty of any kind or nature by the City of Lackawanna as to
the safety, operation, adequacy or intent of the proposed facilities
and shall create no liability upon or course of action against such
public body or employee thereof for any damage that may result from
construction pursuant thereto.
G.
Effects of approval and filing.
(1)
Upon approval, the three reproductions of the original drawing become
part of the records of the City of Lackawanna.
(2)
Upon filing, the streets and highways shown on the final plat of
the subdivision shall be deemed private until such time as required
improvements have been inspected, approved and certified as complying
with City standards and specifications by the Director and have been
formally accepted by ordinance of the City Council. The responsibility
for maintenance, improvement and operation of required public improvements
shall not rest with the City until such acceptance. The subdivider
shall be responsible and liable for the provision and the cost of
streetlighting prior to acceptance.
(3)
The streets, highways and parks shown on the final plat of the subdivision
shall become part of the Official Street Map of the City of Lackawanna.
