A.
Commencing with the effective date of this section, all applications
for permission to construct subdivisions in the Town of Aurora will
be subject to the public/private improvement permit application procedure
adopted and approved by resolution of the Town Board from time to
time. The text of that procedure, as amended, shall be filed with
the Town Clerk and be delivered to each applicant for a subdivision
approval at the time of application.
B.
Notwithstanding the effective date of this section, the Town Board
may, in its sole discretion, condition the approval of any pending
application for subdivision approval on the applicant's compliance
with the Town's public/private improvement permit application
procedure.
C.
The Town Board may, by resolution, modify the Town's public/private
improvement permit application procedure from time to time without
a further public hearing.
D.
Notwithstanding any other provision contained in this section, the
Town Board reserves the right to subject any development, public or
private, within the Town to the public/private improvement permit
application procedure described herein and to assess the fees set
forth therein to the owner or developer of such development.
A.
Whenever any subdivision of land is proposed, and before any contract
for the sale of or any offer to sell any lots in such subdivision
or any part thereof is made, and before any permit for the erection
of any structure in such proposed subdivision shall be granted, the
subdivider or his duly authorized agent shall apply, in writing, for
approval of such proposed subdivision in accordance with the following
procedures.
C.
Phases of approval.
(1)
Sketch plan (concept) approval is the initial presentation by the
developer of the general overall information and data showing how
he intends to develop the property and the effect such development
may have upon the adjoining property. The availability of utilities,
the effect on natural watercourses and other environmental concerns,
as well as drainage problems shall be answered at this time.
(2)
At preliminary plat approval, a formal public hearing will be held,
at which time the developer will make a public presentation of his
intentions and plans regarding the property.
(3)
At final plat approval, the developer submits all the remaining specific
data and information as required by the Planning Board, the Town Board
and the local laws and regulations. Upon completion of this last phase,
the developer shall submit his final plat map for execution by the
Town Board prior to recording the map in the Erie County Clerk's
office.
A.
Submission of sketch plan. Any owner of land or authorized agent
shall, prior to subdividing land, submit to the Town Board, at least
10 days prior to the regular meeting of the Town Board, a minimum
of 20 copies of a sketch plan of the proposed subdivision for purposes
of preliminary discussion. The Town Board shall consider and either
submit the sketch plan to the Planning Board within 31 calendar days
of the Town Board meeting or reject the same.
B.
Sketch plan specifications. The concept layout shall be drawn on
paper or other suitable material at a standard scale of not more than
50 feet to one inch. It shall show the following information:
(1)
Title of the concept layout, including the name and address of the
subdivider.
(2)
North arrow, scale and date.
(3)
Boundaries of the tract to be subdivided, plotted to scale. If the
subdivider intends to develop the tract in phases, the entire tract
shall nevertheless be included in the concept layout and the phases
identified.
(4)
A preliminary topographic survey, showing ground contours adjacent
to and within the tract to be subdivided, at intervals of not more
than 10 feet of elevation, and all pertinent topographic and planimetric
features within and adjoining the tract, including existing streets,
existing buildings, watercourses and their 100-year flood limits,
water bodies, existing gas wells, wetlands, wooded areas, known sensitive
archaeological areas and known landfill and hazardous disposal areas,
based upon known public information. Features to be retained in the
subdivision should be so indicated.
(5)
The approximate lines of proposed streets, sidewalks, lots and neighborhood
recreation areas or other permanent open space.
(6)
Schematic indication of the proposed system for stormwater drainage.
(7)
Statement as to proposed source of water supply and method of sewage
disposal.
(8)
Indication of the zoning of the tract and any other legal restrictions
of use.
(9)
The name or names of the landscape architect and/or licensed professional
engineer and licensed land surveyor responsible for the preparation
of the concept layout and preliminary information.
(10)
Payment of a fee per the Standard Schedule of Fees.
(11)
The application shall include all land, which the applicant proposes
to subdivide, and all land immediately adjacent extending 500 feet
from the street frontage of such opposite land, with the names of
owners as shown in the Town Assessor's files. This information
may be shown on a separate current Tax Map reproduction from the Assessor's
office showing the subdivision superimposed thereon. An affidavit
shall be submitted by the applicant declaring that the names and addresses
of the adjacent or opposite property owners are correct as within
the knowledge of the applicant.
C.
Discussion of requirements.
(1)
The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to discuss the requirements of these
subdivision regulations.
(2)
Upon receipt of a sketch plan, the Planning Board will hold an informational
meeting to which the public and developer will be invited. Said meeting
to be at the next regular meeting of the Planning Board. Each owner
of property within 500 feet or three property parcels (whichever is
greater) of any boundary of the subdivision shall be notified by the
applicant via USPS mail of the informational hearing. At the time
of the informational hearing, the applicant shall submit an affidavit
stating the names and addresses of property owners that were notified.
At least five days prior to the informational hearing, a list of those
notified is to be furnished to the Town Clerk.
D.
Field trip. After the regular Planning Board meeting at which the
subdivision is first discussed, the Board may schedule a field trip
to the site of the proposed subdivision.
E.
Recommendations of sketch plan. The Planning Board shall, within
31 days after the first regular meeting after receipt, determine whether
the sketch plan meets the objectives of these subdivision regulations
and determine the compatibility with existing and proposed land use
regulations, including any Comprehensive and/or Open Space Plan. The
Planning Board shall make recommendations to the Town Board at this
time. The Town Board will respond to the applicant within 31 days
and accept, modify or deny the Planning Board's recommendations.
F.
Upon receipt of the sketch plan by the Town Board, no alterations
or improvements to the property may be made, e.g., excavation, topsoil
stripping, etc., without final plat approval or by special permission
from the Town Board. Complete supervision by the Town's Engineer
must also be provided.
A.
Application procedure and requirements. Based upon the action of
the Town Board, the applicant shall file an application for approval
of a preliminary plat.
(1)
Environmental review. All subdivision applications will be processed
in accordance with all the applicable requirements.
(2)
The application shall be made on forms available at the office of
the Town, together with a submission fee as specified in the Standard
Schedule of Fees.
(3)
The application shall include all land which the applicant proposes
to subdivide and all land immediately adjacent extending 500 feet
or three parcels (whichever is greater) from the street frontage of
such opposite land, with the names of owners as shown in the Town
Assessor's files. This information may be shown on a separate
current Tax Map reproduction from the Assessor's office showing
the subdivision superimposed thereon. An affidavit shall be submitted
by the applicant declaring that the names and addresses of the adjacent
or opposite property owners are correct as within the knowledge of
the applicant.
(4)
The application shall be accompanied by a minimum number of 20 copies
of the preliminary plat as described in these regulations.
(5)
The application shall comply in all respects with the sketch plan
as approved.
(6)
The application shall be presented to the Town Board at least 10
days prior to a regular meeting of the Board. The Town Board shall
consider and either submit the preliminary plat to the Planning Board
within 31 days or reject same.
(7)
The application shall be accompanied by a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Chapter 96, Stormwater Management, of the Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 96-4B of the Code.
B.
Preliminary approval.
(1)
The Planning Board shall report its recommendations in writing to
the Town Board within 31 days after receipt from the Town Board, unless
the applicant and Planning Board mutually agree to an extended time.
(2)
The report shall recommend approval as submitted, recommend approval
with stated modifications, or recommend disapproval with stated reasons.
C.
Public hearing on preliminary plat.
(1)
The Town Board shall hold a public hearing on the preliminary plat
within 60 days after receipt of comments and recommendations from
the Planning Board on the preliminary plat. Within 60 days after such
hearing, the Town Board shall render its decision approving, disapproving
or modifying such preliminary plat.
(2)
At the time of the public hearing, the applicant shall submit an
affidavit stating the names and addresses that he has notified by
certified mail, return receipt requested, of each owner of property
within 500 feet or three property parcels (whichever is greater) of
any boundary of the subdivision, as indicated on the application for
subdivision approval. At least five days prior to the public hearing,
a list of those notified is to be furnished to the Town Clerk.
D.
Public improvements. The Town Board shall require the applicant to
indicate on the preliminary plat all roads and public improvements
to be dedicated and all districts for water, sewer, fire or utility
improvements, if any, which shall be required to be established or
extended upon petition.
E.
Tenure of Town Board approval. Within six months of the approval
of the preliminary plat, the applicant shall submit the plat in final
form. The approval of a preliminary plat shall be effective for a
period of one year, at the end of which time final approval on the
subdivision must have been obtained from the Town Board, although
the plat need not be signed and filed with the County Clerk. Any plat
not receiving final approval within the period of time set forth herein
shall be null and void, and the applicant shall be required to resubmit
a new plat for preliminary approval, subject to all new requirements
and subdivision regulations.
F.
Zoning requirements. Every plat shall conform to existing zoning requirements and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to Chapter 116, Zoning, rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within a one-year period.
G.
Stormwater management requirements. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 99-8A(7) of this chapter, the preliminary subdivision plat application shall not be approved unless the plat and SWPPP comply with the performance and design criteria and standards in Chapter 96, Stormwater Management, of the Code.
A.
Application procedure and requirements. Following the approval of
the preliminary plat, the applicant, if he wishes to proceed with
the subdivision, shall file with the Town Board an application for
final approval of a final plat. The application shall:
(1)
Be made on forms available at the Town Clerk's Office, together
with a submission fee as specified in the Standard Schedule of Fees.
Subsequent submissions, if necessary, shall be accompanied by an additional
submission fee as specified therein.
(2)
Include the entire subdivision, or a phase thereof, which derives
access from an existing state, county or Town highway.
(3)
Be accompanied by a minimum number of 20 copies of the subdivision
plat and the construction plans, as required by the Town Board.
(4)
Comply in all respects with the preliminary plat, as approved.
(5)
Be presented to the Town Board at least 10 days prior to a regular
meeting of the Board. The Town Board will submit the final subdivision
plat to the Planning Board at its next regularly scheduled meeting.
The Planning Board will report its recommendations to the Town Board
within 31 days after receipt of the final plat from the Town Board.
A final subdivision plat which does not fully comply with the requirements
of these regulations, or which is accompanied by construction plans
that do not fully comply with these requirements, shall not be deemed
to be complete and officially submitted for purposes of these regulations.
The Town Board shall reject such application which does not fully
comply.
(6)
Be accompanied by all formal irrevocable offers of dedication to
the public of all roads, municipal uses, utilities, parks and easements
in a form approved by the Town Attorney.
(7)
Be accompanied by written statements from the public utility companies
that necessary utilities will be installed.
(8)
Be accompanied by a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Chapter 96, Stormwater Management, of the Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 96-4B of the Code. If a SWPPP is submitted pursuant to this section, the final subdivision plat application shall not be approved unless the plat and SWPPP comply with the performance and design criteria and standards in Chapter 96, Stormwater Management, of the Code.
B.
Endorsement of County Health Department. Subdivision plats shall
be properly endorsed by the County Health Department.
C.
Final subdivision plat approval.
(1)
The Planning Board shall report its recommendations, in writing,
to the Town Board within 31 days after receipt from the Town Board,
unless the applicant and Planning Board mutually agree to an extended
time.
(2)
The report shall recommend approval as submitted, or recommend approval
with stated modifications, or recommend disapproval with stated reasons.
D.
Public hearing on final plat.
(1)
The Town Board shall hold a public hearing on the final plat within
60 days of receipt of the final plat. Within 60 days after such hearing,
the Town Board shall render its decision approving, disapproving or
modifying the final plat.
(2)
At the time of the public hearing, the applicant shall submit an
affidavit stating the names and addresses that he has notified by
certified mail, return receipt requested, of each owner of property
within 500 feet or three property parcels (whichever is greater) of
any boundary of the subdivision, as indicated on the application for
subdivision approval. At least five days prior to the public hearing,
a list of those notified is to be furnished to the Town Clerk.
E.
Tenure of Town Board approval. Conditional approval of a final subdivision
plat shall expire two years after the date of the resolution granting
conditional approval, unless such requirements have been completed.
The Town Board, upon written request of the applicant, shall extend
the time of conditional approval if, in its opinion, such extensions
are warranted by the particular circumstances thereof. Final approval
shall be deemed to have been granted for purposes of the sixty-day
requirement for filing the plat as of the date of approval of the
plat by the Town Board.
F.
Submission and review of final subdivision plat. Subsequent to the
resolution of the Town Board, sufficient copies of the infrastructure
construction plans and final subdivision plat, and the original of
the subdivision plat, shall be submitted to the said Board for final
review. No final approval shall be endorsed on the plat until a review
has indicated that all requirements of the resolution have been met.
G.
Vested rights. No vested rights shall accrue to any plat by reason
of preliminary or final approval until the actual acceptance of the
plat by the Town Board and all requirements or conditions adopted
by the Town Board applicable to the subdivision have been met.
H.
Final acceptance of plat. The Town Board shall endorse approval on
the plat after all conditions of the resolution have been satisfied
and all improvements satisfactorily completed or bonded.
I.
Filing of plat. It shall be the responsibility of the applicant to
file the plat with the Erie County Clerk's office within 60 days
of the date of signature.
