Whenever any subdivision of land is proposed,
before any contract for the sale of any part thereof, and before any
permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner, or his authorized agent,
shall apply for and secure approval of such proposed subdivision in
accordance with the procedures set forth in this article.
A.
Discussion of requirements and classification.
[Amended 12-28-2007 by L.L. No. 4-2007; 12-10-2018 by L.L. No. 7-20186-14-2021 by L.L. No. 3-2021]
(1)
Before preparing the preliminary plat, the applicant
shall discuss with the Zoning Board of Appeals, or its representative,
the requirements of land, street improvements, drainage, stormwater
management, sewerage, water, fire protection, and similar aspects
as well as the availability of existing services.
(2)
Classification of the proposed preliminary plat is
to be made at this time by the Zoning Board of Appeals as to whether
it is a minor or major subdivision, as defined in this chapter. The
Board 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
in this chapter.
(3)
In
the event the Zoning Board of Appeals has classified the proposed
subdivision as a minor subdivision and the division is into two parcels
and one divided parcel is being added to another existing parcel,
providing there is no violation of any zoning provision, the Zoning
Board of Appeals may dispense with all or some of the remaining provisions
of this Chapter and approve the subdivision.
B.
Application procedure. Prior to filing an application
for the approval of a subdivision plat, the applicant shall file an
application for the approval of a preliminary plat. The application
shall:
(1)
Be made on forms available at the office of the Village
Clerk.
(2)
Include all land which the applicant proposes to subdivide
as well as all lands owned by the applicant adjacent to the area proposed
for subdivision.
(4)
Comply in all respects with Article IV of this chapter and with the provisions of §§ 7-728 and 7-730 of the Village Law, except where a modification may be specifically authorized by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
(5)
Fee structure: be accompanied by a fee of $50, plus
a lot fee of $50 for each lot within a minor subdivision and a lot
fee of $100 for each lot within a major subdivision proposed for approval,
at least two weeks before the next regularly scheduled Zoning Board
of Appeals meeting. The minimum shall be $50. If the applicant subsequently
elects not to file an application for approval of a subdivision plat,
all but $50 of the aforesaid fee shall be returned to the applicant.
If the application is approved, the $50 filing fee shall be credited
towards the payment of one lot fee.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
(6)
Be accompanied by a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Chapter 191, Stormwater Management, of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP in accordance with § 191-4B of this Code.
[Added 12-28-2007 by L.L. No. 4-2007]
C.
Study of preliminary plat. The Zoning Board of Appeals shall carefully
study the practicality of the preliminary plat, taking into consideration
the requirements of the community and the best use of the land being
subdivided. Particular attention will be given to the to the arrangement,
location, and width of streets, their relation to the topography of
the land, sewerage disposal, drainage, lot sizes and arrangement,
existing zoning requirements, the future development of adjoining
land and the requirements of the Comprehensive Plan and the Official
Map, as they may be adopted.
[Amended 12-10-2018 by L.L. No. 7-2018; 6-14-2021 by L.L. No. 3-2021]
D.
Applicant to attend Zoning Board of Appeals meeting.
The applicant should be prepared to attend the next regular meeting
of the Zoning Board of Appeals and any subsequent meetings deemed
necessary by the Chairman of the Zoning Board of Appeals to discuss
the preliminary plat.
[Amended 6-14-2021 by L.L. No. 3-2021]
E.
Required changes for conditional approval. Within
62 days after the time of submission of a preliminary plat, the Zoning
Board of Appeals shall take action to conditionally approve, with
or without modifications, or disapprove such preliminary plat, and
the grounds of any modification required or the grounds for disapproval
shall be stated upon the records of such Zoning Board of Appeals.
Failure of the Zoning Board of Appeals to act within such sixty-two-day
period shall constitute conditional approval of the preliminary plat.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
A.
Application procedure. Within six months of the conditional
approval of the preliminary plat, the applicant shall file with the
Zoning Board of Appeals an application for approval of a subdivision
plat. The application shall:
[Amended 6-14-2021 by L.L. No. 3-2021]
(1)
Be made on forms provided by the Zoning Board of Appeals
at the time of conditional approval of the preliminary plat.
(2)
Include the entire subdivision.
(3)
Be accompanied, for a minor subdivision, by three copies of the subdivision plat and conform to § 198-18 of this chapter.
(4)
Be accompanied, for a major subdivision, by three copies of the subdivision plat and the construction detail sheets as described in § 198-19 of this chapter.
(5)
Comply in all respects with the preliminary plat as
conditionally approved.
(6)
Be presented to the Chairman of the Zoning Board of
Appeals at least two weeks prior to a regular meeting of the Board
in order that a public hearing may be scheduled and the required notice
given.
(7)
Be accompanied by a stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Chapter 191, Stormwater Management, of this Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP in accordance with § 191-4B of this Code. If a SWPPP is submitted in accordance with this section, the Zoning Board of Appeals shall not approve the plat unless the plat and SWPPP comply with the requirements of Chapter 191, Stormwater Management, of this Code.
[Added 12-28-2007 by L.L. No. 4-2007; amended 6-14-2021 by L.L. No. 3-2021]
B.
Official submittal date. The subdivision plat shall
be considered officially submitted only at the regular meeting of
the Zoning Board of Appeals following completion of the application
procedure outlined above.
[Amended 6-14-2021 by L.L. No. 3-2021]
C.
Endorsement of Health Department. The proposed subdivision
plat shall be properly endorsed by the appropriate Health Department
as meeting the standards of the Environmental Conservation Law, or
other applicable regulations, before any public hearing is scheduled.
The plat should be in final form before Health Department approval.
D.
Notification of Zoning Board of Appeals and Commissioner
of Public Works. The Zoning Board of Appeals shall also notify the
Erie County Planning Board and the Commissioner of Public Works if
the subdivision plat proposes structures or new streets having frontage
on, access to, or are otherwise directly related to any County road,
existing or proposed, as shown on the County Official Map. The County
Planning Board shall report to the Zoning Board of Appeals within
30 days on its approval or disapproval or on its approval subject
to stated conditions of the proposed subdivision plat. The plat may
be approved by the Village subject to stated conditions, notwithstanding
such report, when the application of such report will act to deprive
the owner of the reasonable use of his land.
[Amended 6-14-2021 by L.L. No. 3-2021]
E.
Public hearing. Before the Zoning Board of Appeals
acts on any subdivision plat, it shall hold a public hearing thereon
within 62 days after the time of official submittal date, in accordance
with § 7-728 of the Village Law. If any zoning changes are
to be requested at the time of approval of the subdivision plat, a
public hearing thereon must be held in accordance with § 7-738
of the Village Law. The two public hearings may be held at the same
time.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
F.
Action on proposed subdivision plat. After careful
study, the Zoning Board of Appeals shall, within 62 days from the
public hearing on the subdivision plat, approve, modify, or disapprove
such plat. The grounds for disapproval of any plat shall be stated
on the records of the Zoning Board of Appeals. A subdivision plat
shall not be signed by the authorized officers of the Zoning Board
of Appeals until the applicant has met all the conditions of the action
granting approval of such plat.
[Amended 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
G.
Plat void if revised after approval. No changes, erasures,
modifications, or revisions shall be made in any subdivision plat
after approval has been given by the Board and endorsed, in writing,
on the plat. In the event that any subdivision plat, when recorded,
contains any such changes, the plat shall be considered null and void,
and the Board shall institute proceedings to have said plat stricken
from the records of the County Clerk.
H.
Signing of plat.
(1)
Every subdivision plat submitted to the Zoning Board
of Appeals for its approval shall carry the following endorsement:
[Amended 6-14-2021 by L.L. No. 3-2021]
|
"Approved by Resolution of the Zoning Board
of Appeals of the Village of Angola, New York, on the _____ day of
___________, 20 _____, subject to all requirements and conditions
of said resolution. Any change, erasure, modification, or revision
of this plat, as approved, shall void this approval. Signed this _____
day of _________, 20 _____.
| ||
|
by "
| ||
|
Chairman Secretary
| ||
(2)
In the absence of the Chairman or Secretary, the Acting
Chairman or Acting Secretary, respectively, may sign in his place.
Such endorsement shall stipulate that the plat does not conflict with
the County Official Map or, in cases where the plat does front on,
or have access to, or is otherwise related to roads or drainage systems
shown on the County Map, that such plat has been approved by the County
Planning Board in the manner specified by § 239-f of the
General Municipal Law.
[Amended 10-19-2009 by L.L. No. 4-2009]
A.
Improvements and performance bond. Prior to an action
by the Zoning Board of Appeal approving a subdivision plat, the applicant
shall be required to complete, in accordance with the Zoning Board
of Appeals' decision and to the satisfaction of the appropriate Village
department, all the street, sanitary, and other improvements specified
in the action approving said plat or, as an alternative, to file with
the Village Board a performance bond in an amount estimated by the Zoning
Board of Appeals to secure to the Village the satisfactory construction
and installation of the incompleted portion of the required improvements.
A period of one year, or such other period as the Zoning Board of
Appeals may determine appropriate, within which required improvements
must be completed, shall be specified by the Zoning Board of Appeals
and expressed in the bond. Such performance bond shall comply with
the requirements of § 7-730 of the Village Law and shall
be satisfactory to the Village Board as to form, sufficiency, and
manner of execution. The bond shall be retained for a period of one
year after the date of completion of the required improvements to
assure their satisfactory condition. All required improvements shall
be made by the applicant at his expense without reimbursement by the
Village or any district therein. Said improvements shall include the
following:
[Amended 6-14-2021 by L.L. No. 3-2021]
(1)
Streets and streetlighting facilities.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Grass curb strips.
(5)
Sidewalks.
(6)
Street shade trees.
(7)
Monuments.
(8)
Stormwater runoff system.
(9)
Sanitary sewage collection system.
(10)
Water supply system.
(11)
Park and recreation facilities.
(12)
Electrical, telephone, and utility lines.
(13)
Plantings and ground cover.
B.
Inspection of improvements. The Village shall employ
an inspector to act as agent to the Zoning Board of Appeals for the
purpose of assuring the satisfactory completion of improvements required
by the Zoning Board of Appeals and shall determine an amount sufficient
to defray costs of inspection. The applicant shall pay the Village
costs of inspection before the subdivision plat is signed for filing.
If the Zoning Board of Appeals or its agent finds, upon inspection,
that any of the required improvements have not been constructed in
accordance with Zoning Board of Appeals recommendations or the approved
construction detail sheet, the applicant and the bonding company will
be severally and jointly liable for the costs of completing said improvements
according to specifications.
[Amended 6-14-2021 by L.L. No. 3-2021]
C.
Offers of cession and release.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of dedication
to the Village shall be presented prior to plat approval.
(2)
Formal offers of dedication to the Village of all
streets and parks not marked on the plat with a notation to the effect
that such dedication will not be offered shall be filed with the Zoning
Board of Appeals prior to plat approval. If the owner of the land
or his agent who files the plat does not add as part of the plat a
notation to the effect that no offer of dedication of such streets,
highways, or parks or any of them is made to the public, the filing
of the plat in the office of the County Clerk or Register shall constitute
a continuing offer of dedication of the streets, highways, or parks
or any of them to the public, and said offer of dedication may be
accepted by the Village Board at any time prior to revocation of said
offer by the owner of the land or his agent.
[Amended 6-14-2021 by L.L. No. 3-2021]
(3)
Before final approval of the subdivision plat, the
Zoning Board of Appeals will require a certificate of approval from
the Village Attorney as to the legal sufficiency of the offers of
cession by the subdivider of the areas for public use, such as parks,
streets, playgrounds, and other areas.
[Amended 6-14-2021 by L.L. No. 3-2021]
[Amended by L.L. No. 3-1980; 10-19-2009 by L.L. No. 4-2009; 6-14-2021 by L.L. No. 3-2021]
Upon completion of all requirements set forth
in the action approving the subdivision plat and a notation to that
effect upon the subdivision plat, it shall be deemed to have final
approval and shall be properly signed by the appropriate officer of
the Zoning Board of Appeals and may be filed by the applicant in the
office of the Erie County Clerk. Any subdivision plat not so filed
and recorded within 62 days of the date upon which said plat is approved
or considered approved by reason of the failure of the Zoning Board
of Appeals and to act shall become null and void. The applicant shall
provide the Village Clerk with a copy of the plat certified by the
County Clerk as to being the true and certified copy of said plat
on file in the County office. The applicant shall, upon approval of
the subdivision plat as provided for by this chapter, file with the
Division of Real Property Tax Services, Edward A. Rath Building, 95
Franklin Street, Buffalo, New York, a copy of the subdivision map.
For a resubdivision, the same procedure, rules,
and regulations apply as for a subdivision.
[Amended 6-14-2021 by L.L. No. 3-2021]
The approval by the Zoning Board of Appeals
of a subdivision plat shall not be deemed to constitute or imply the
acceptance by the Village of any street, park, playground, or other
open space shown on said plat. The Zoning Board of Appeals may require
said plat to be endorsed with appropriate notes to this effect. If
the Zoning Board of Appeals determines that a suitable park or parks
of adequate size cannot be properly located in any such plat or are
otherwise not practical, the Board may require, as a condition to
approval of any such plat, a payment to the Village of a sum to be
determined by the Village Board, which sum shall constitute a trust
fund to be used by the Village Board exclusively for neighborhood
park, playground, or recreation purposes, including the acquisition
of property. The Zoning Board of Appeals may require the filing of
a written agreement between the applicant and the Village Board covering
future title, dedication, and provision for the cost of grading, development,
equipment, and maintenance of any park or playground area, as well
as a written agreement covering the maintenance and plowing of all
streets within the subdivision until such time as they are accepted
for public maintenance by the Village Board.
Upon posting of the performance bond in accordance with § 198-6A and after approval and filing of the subdivision plat, the subdivider may initiate land sales or construction of the subdivision itself.
