[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora as Ch. 81 of the 1972 Code. Amendments
noted where applicable.]
A.
This chapter is enacted to establish the procedure
to be followed in considering applications relative to the subdivision
of land within the Village of East Aurora.
B.
This chapter is enacted pursuant to the Municipal
Home Rule Law and is intended to modify § 7-728 of the New
York State Village Law to grant to the Village Board of Trustees the
authority to review and approve subdivision.
C.
The purpose of this chapter is to provide for future
growth and development of the Village and afford adequate facilities
for the housing, transportation, distribution, comfort, convenience
safety, health and welfare of the population of the Village.
When used in this chapter, the following terms
shall have the respective meanings set forth herein except where the
context shows otherwise:
Approval by the Village Board of a final plat subject to
conditions set forth by the Village Board in a resolution conditionally
approving such plat. Such conditional approval does not qualify a
final plat for recording nor authorize issuance of any building permits
prior to the signing of the plat by a duly authorized officer of the
Village Board and recording of the plat in the office of the County
Clerk as herein provided.
A drawing in accordance with § 227-14 that shows a proposed major subdivision, containing such additional detail information required to be shown on a preliminary plat and the modifications, if any, required by the Village Board at the time of approval of the preliminary plat, if such preliminary plat has been so approved.
[Added 12-21-1998 by L.L. No. 9-1998]
The signing of a plat in final form by the Village Board
pursuant to the Village Board's resolution granting final approval
to the plat or after conditions specified in a resolution granting
conditional approval of the plat are completed. Such final approval
qualifies the plat for recording in the office of the County Clerk
in the county in which such plat is located.
[Amended 3-14-2006 by L.L. No. 1-2006]
Any subdivision that is not a minor subdivision, including, but not limited to, division of a parcel of land into four or more lots as defined in § 285-8 of this Code, or any division of parcel of land requiring extension of public streets and/or infrastructure. The provisions of §§ 227-4 to 227-20 of this chapter shall apply to major subdivisions.
[Added 12-21-1998 by L.L. No. 9-1998]
A drawing prepared in accordance with § 227-6 showing the layout of a proposed major subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and detail.
[Added 12-21-1998 by L.L. No. 9-1998]
The approval of the layout of a proposed major subdivision
as set forth in a preliminary plat, but subject to the approval of
the plat in final form in accordance with the provisions of this chapter.
[Added 12-21-1998 by L.L. No. 9-1998]
The division of any parcel of land into a number of lots,
blocks or sites as specified herein, with or without streets or highways,
for the purpose of sale, transfer of ownership or development. A subdivision
shall be either a major or minor subdivision.
[Added 12-21-1998 by L.L. No. 9-1998]
[Amended 12-21-1998 by L.L. No. 9-1998; 3-14-2006 by L.L. No. 1-2006]
A.
Major subdivision filing fee. A fee as set forth in Chapter 137, Article II, of this Code is to be paid to the Village Clerk by the subdivider at the time of his application for approval of the preliminary plat. The purpose of the filing fee is for the partial defrayal of administrative and advertising costs connected with the processing of major subdivision applications. The major subdivision charge provided for herein shall be in addition to any and all other fees required to be paid by the Code of the Village of East Aurora.
A.
Prior to the filing of a preliminary plat for approval,
a subdivider may submit to the Village Board general site information,
as location map and a sketch plan, with a request for informal consideration
and advice. This step does not require a formal application and does
not require the payment of the filing fee or the filing of a plat.
The purpose of this procedure is to afford a subdivider an opportunity
to consult early and informally with the Village Board before preparation
of the preliminary plat in order to save time and money and to make
the most of opportunities for desirable development.
B.
The location map shall identify the location of the
proposed subdivision in relation to major streets, adjacent subdivisions
and other prominent landmarks.
C.
The sketch plan shall show in simple sketch form the
proposed layout of streets, lots and other features in relation to
existing conditions as well as scale, north point and date. The sketch
plan may be a freehand pencil sketch made directly on a print of the
topographic survey. United States Geological Survey topographic data
is acceptable for the sketch plan.
D.
General site information shall describe or outline
the existing conditions of the site and the proposed development to
the extent necessary to supplement the location map and sketch plan.
A subdivider shall be prepared to discuss existing covenants, land
characteristics, available community facilities and utilities and
information describing the subdivision proposal such as the number
of residential lots, typical lot width and depth, price range, business
areas, playgrounds, parks and other public areas, proposed protective
covenants and proposed utilities and street improvements.[1]
[1]
Editor's Note: Former Subsection E, requiring
the Board to submit a memorandum of its meeting, which immediately
followed this subsection, was deleted 3-14-2006 by L.L. No. 1-2006.
A.
Submission of preliminary plats. All plats shall be
submitted to the Village Board in final form, provided, however, that
where the Village Board has been authorized to approve preliminary
plats, the owner may submit or the Village Board may require that
the owner submit a preliminary plat for consideration. Such a preliminary
plat shall be clearly marked "preliminary plat" and shall conform
to the definition provided in this section.
B.
The Village Board shall comply with the provisions
of the State Environmental Quality Review Act under Article Eight
of the Environmental Conservation Law and its implementing regulations.
C.
The Village Board shall forward such preliminary plat
to the Planning Commission for its review and recommendation.
D.
Receipt of a complete preliminary plat. A preliminary
plat shall not be considered complete until a negative declaration
has been filed or until a notice of completion of the draft environmental
impact statement has been filed in accordance with the provisions
of the State Environmental Quality Review Act. The time periods for
review of a preliminary plat shall begin upon filing of such negative
declaration or such notice of completion.
E.
Public hearing on preliminary plats. The time within
which the Village Board shall hold a public hearing on the preliminary
plat shall be coordinated with any hearings the Village Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
(1)
If such Board determines that the preparation of any
environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after
the receipt of a complete preliminary plat by the Village Board; or
(2)
If such Board determines that an environmental impact
statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of filing the
notice of completion.
F.
Public hearing; notice, length. The hearing on the
preliminary plat shall be advertised at least once in a newspaper
of general circulation in the Village at least five days before such
hearing if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Village Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Village Board within 120 days after it has been
opened.
G.
The Village Board shall approve, with or without modification,
or disapprove such preliminary plat as follows:
(1)
If the Village Board determines that the preparation
of any environmental impact statement on the preliminary plat is not
required, such Board shall make its decision within 62 days after
the close of the public hearing; or
(2)
If the Village Board determines that an environmental
impact statement is required, and a public hearing is held on the
draft environmental impact statement, the final environmental impact
statement shall be filed within 45 days following the close of such
public hearing in accordance with the provisions of the State Environmental
Quality Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the preliminary plat. Within 30 days of the filing of such final environmental
impact statement, the Village Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat.
H.
Grounds for decision. The grounds for modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Village Board. When so approving a preliminary plat, the Village
Board shall state in writing any modifications it deems necessary
for submission of the plat in final form.
Preliminary plats and data.
A.
The preliminary plat shall be at a scale of not more
than 200 feet to the inch (preferred scale, one inch equals 100 feet).
It shall show or be accompanied by existing conditions data required
herein and shall show all proposals, including the following:
(1)
Names, right-of-way and roadway widths and approximate
grades and gradients of streets, and similar data for alleys, if any.
(2)
Location, width and purpose of other rights-of-way
or easements.
(3)
Location, of utilities, if not shown on other exhibits.
(4)
Lot lines, lot numbers and block numbers.
(5)
Sites, if any, to be reserved or dedicated for parks,
playgrounds or other public uses.
(6)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(7)
Site data, including number of residential lots, typical
lot size and acres in parks, etc.
(8)
Subdivision name or title under which it is to be
eventually recorded; and the scale, north point, date and name and
address of the subdivider and the designer.
B.
Existing conditions data shall include the following,
except when otherwise specified by the Village Board:
(1)
Key plan showing location and boundaries of the tract.
(2)
Property lines and easements. Location, width and
purpose (of easements), and existing platting (if a resubdividing
project).
(3)
Streets on and adjacent to the tract, including all
streets shown on the Official Map. Name and right-of-way width and
location, type, width and elevation of surfacing; and legally established
center-line elevations; walks, curbs, gutters, bridges, culverts,
etc.
(4)
Utilities on and adjacent to the tract. 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 street lights. If water mains and 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 or ditch as recognized flood
stage shall be shown.
(5)
Ground elevations on the tract, based on a datum plan
approved by an Engineer (United States Geological Survey recommended).
For land that slopes less than approximately 2%, show spot elevations
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 the 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 more detailed data for preparing
plans and construction drawings.
(6)
Subsurface conditions on the tract, if required by
the Village Board. Location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions.
(7)
Other conditions on the tract, watercourses, marshes,
rock outcrops, wooded areas, isolated preservable trees one foot or
more in diameter, houses, other buildings and other significant features.
(8)
Other conditions on adjacent land. Approximate direction
and gradient of ground slope, including any embankments or retaining
walls, power poles, towers and owners of adjacent unplatted land;
for adjacent platted land, refer to its subdivision plat by name,
recording date and number.
(9)
Land title and survey. A deed description according
to official records; names and addresses of record owners; map of
survey of tract boundary (including all pertinent bearings and distances),
made and certified by a registered land surveyor, tied into established
Village reference points and where possible related to the state system
of place coordinates established by Chapter 545 of the Laws of 1938;
and notations stating acreage, scale, north point, datum, bench marks
and date of survey.
C.
Other requirements. When required by the Village Board,
the preliminary plat should include profiles showing existing ground
surface and proposed street grades, including extensions for a reasonable
distance beyond the limits of the proposed subdivision; typical cross
sections of the proposed grading, roadway and sidewalk; preliminary
designs of any bridges and culverts which may be required; a plan
of proposed water mains to connect to the existing public water supply;
a plan of proposed sanitary sewers (with grades and sizes indicated)
connecting with existing sanitary sewerage systems; and a plan for
collecting and discharging storm drainage. All elevations shall be
based on a datum plan approved by an engineer (United States Geological
Survey recommended).
D.
Separate documents.
[Amended 11-26-2007 by L.L. No. 11-2007]
(1)
Draft of any protective covenants whereby the subdivider
proposes to regulate land use in the subdivision and to otherwise
protect the proposed development.
(2)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XV, Stormwater Management, of Chapter 220, Zoning, of this Code,[1] together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 220-5B of this Code. If a SWPPP is submitted together with a preliminary plat pursuant to this section, such plat shall not be approved unless the SWPPP and plat meet the performance and design criteria and standards in Article XV, Stormwater Management, of Chapter 220, Zoning, of this Code.
[Amended 3-7-2022 by L.L. No. 5-2022]
A.
Submission of final plats. Final plats shall conform
to the definition provided by this chapter.
B.
Final plats which are in substantial agreement with
approved preliminary plats. When a final plat is submitted which the
Village Board deems to be in substantial agreement with a preliminary
plat approved pursuant to this chapter, the Village Board shall, by
resolution, conditionally approve with or without modification, disapprove,
or grant final approval and authorize the signing of such plat, within
62 days of its receipt.
C.
Final plats when no preliminary plat is required to
be submitted; receipt of complete final plat. When no preliminary
plat is required to be submitted, a final plat shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Qualify Review Act. The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
D.
Final plats; not in substantial agreement with approved
preliminary plats, or when no preliminary plat is required to be submitted.
When a final plat is submitted which the Village Board deems not to
be in substantial agreement with a preliminary plat approved pursuant
to this section, or when no preliminary plat is required to be submitted
and a final plat clearly marked "final plat" is submitted conforming
to the definition provided by this section the following shall apply:
(1)
Public hearing on final plats. The time within which
the Village Board shall hold a public hearing on such final plat shall
be coordinated with any hearings the Village Board may schedule pursuant
to the State Environmental Quality Review Act, as follows:
(a)
If such Board determines that the preparation
of an environmental impact statement is not required, the public hearing
on a final plat not in substantial agreement with a preliminary plat,
or on a final plat when no preliminary plat is required to be submitted,
shall be held within 62 days after the receipt of a complete final
plat by the Village Board;
(b)
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
(2)
Public hearing; notice, length. The hearing on the
final plat shall be advertised at least once in a newspaper of general
circulation in the Village at least five days before such hearing
if no hearing is held on the draft environmental impact statement,
or 14 days before a hearing held jointly therewith. The Village Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Village Board within 120 days after it has been opened.
E.
Decision. The Village Board shall make its decision
on the final plat as follows:
(1)
If such Board determines that the preparation of an
environmental impact statement on the final plat is not required,
the Village Board shall by resolution conditionally approve, with
or without modification, disapprove, or grant final approval and authorize
the signing of such plat, within 62 days after the date of the public
hearing; or
(2)
If such Board determines that an environmental impact
statement is required, and a public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of such public hearing in
accordance with the provisions of the State Environmental Qualify
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Village Board shall issue findings on such final
environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove or grant final approval
and authorize the signing of such plat.
F.
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Village Board.
A.
Certification of plat. Within five business days of
the adoption of the resolution granting conditional or final approval
of the final plat, such plat shall be certified by the Village Board
as having been granted conditional or final approval and a copy of
such resolution and plat shall be filed in such Village Board's office.
A copy of the resolution shall be mailed to the owner. In the case
of a conditionally approved plat, such resolution shall include a
statement of the requirements which when completed will authorize
the signing thereof. Upon completion of such requirements, the plat
shall be signed by said duly authorized officer of the Village Board
and a copy of such signed plat shall be filed with the Village Clerk.
B.
Approval of plat in sections. In granting conditional
or final approval of a plat in final form, the Village Board may permit
the plat to be subdivided and developed in two or more sections and
may in its resolution granting conditional or final approval state
that such requirements as it deems necessary to insure the orderly
development of the plat be completed before said sections may be signed
by the duly authorized officer of the Village Board. Conditional or
final approval of the sections of a final plat may be granted concurrently
with conditional or final approval of the entire plat, subject to
any requirements imposed by the Village Board.
C.
Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within 180 days after the
resolution granting such approval unless all requirements stated in
such resolution have been certified as completed. The Village Board
may extend by not more than two additional periods of 90 days each
the time in which a conditionally approved plat must be submitted
for signature if, in the Village Board's opinion, such extension is
warranted by the particular circumstances.
The time periods prescribed herein within which
the Village Board must take action on a preliminary plat or a final
plat are specifically intended to provide the Village Board and the
public adequate time for review and to minimize delays in the processing
of subdivision applications. Such periods may be extended only by
mutual consent of the owner and the Village Board. In the event the
Village Board fails to take action on a preliminary plat or a final
plat within the time prescribed therefor after completion of all requirements
under the State Environmental Quality Review Act, or within such extended
period as may have been established by the mutual consent of the owner
and the Village Board, such preliminary or final plat shall be deemed
granted approval. The certificate of the Village Clerk as to the date
of submission of the preliminary or final plat and the failure of
the Village Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
Within five business days from the date of the
adoption of the resolution approving the final plat, the Village Board
shall cause a copy of such resolution to be filed in the office of
the Village Clerk.
When a county planning agency has been authorized
to review subdivision plats pursuant to § 239-n of the General
Municipal Law, the Village Board shall refer all applicable preliminary
and final plats to such county planning agency as provided in this
section.
The signature of the duly authorized officer
of the Village Board constituting final approval by the Village Board
of a plat as herein provided; or the approval by such Village Board
of the development of a plat or plats already filed in the office
of the County Clerk in which such plat or plats are located if such
plats are entirely or partially undeveloped; or the certificate of
the Village Clerk as to the date of the submission of the final plat
and the failure of the Village Board to take action within the time
herein provided, shall expire within 62 days from the date of such
approval, or from the date such certificate is issued, unless within
such sixty-two-day period such plat or a section thereof shall have
been duly filed or recorded by the owner in the office of the County
Clerk. In the event the owner shall file only a section of such approved
plat in the office of the County Clerk, the entire approved plat shall
be filed within 30 days of the filing of such section with the Village
Clerk in each village in which any portion of the land described in
the plat is situated. Such section shall encompass at least 10% of
the total number of lots contained in the approved plat, and the approval
of the remaining sections of the approved plat shall expire unless
said sections are filed before the expiration of the exemption period
to which said plat is entitled under the provisions of § 7-708
of the Village Law.
The owner of an approved subdivision may abandon
such subdivision pursuant to the provisions of § 560 of
the Real Property Tax Law.
A.
The final plat shall be printed on linen or canvas-backed
paper or drawn with pen and india ink on tracing cloth on sheets 20
inches by 40 inches. The scale shall be 100 feet to the inch or larger.
Where necessary, the plat may be on several sheets accompanied by
an index sheet showing the entire subdivision. The final plat may
be submitted for approval progressively in contiguous sections satisfactory
to the Village Board. The final plat shall show the following:
(1)
Primary control points approved by an engineer, or
descriptions and "ties" to such control points, to which all dimensions,
angles, bearings and similar date on the plat shall be referred.
(2)
Tract boundary lines, right-of-way lines of streets,
easements and other rights-of-way and property lines of residential
lots and other sites, with accurate dimensions, bearings or deflection
angles, and radii, arcs and central angles of all curves.
(3)
Name and right-of-way width of each street or other
right-of-way.
(4)
Location, dimensions and purpose of any easements.
(5)
Number to identify each lot or site in numerical order
within blocks, and a letter to identify each block.
(6)
Purpose for which sites, other than residential lots,
are dedicated or reserved.
(7)
Location and description of monuments (shown as "X"),
lot corner markers (shown as "0") and bench marks (shown as "BM").
(8)
Names of record owners of adjoining unplatted land.
(9)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(10)
Certification by a registered land surveyor
(including name, address, New York State license number and seal)
certifying to the accuracy of the survey and plat.
(11)
Certification of title showing that the applicant
is the landowner.
(12)
Whenever a proposed subdivision includes parcels
or rights-of-way to be dedicated for public use, an offer of cession
shall be included on the final plat so dedicating the parcels and
rights-of-way specifically enumerated thereon. Unless a separate,
restricted offer is made for any or all parcels to be dedicated for
public use, every offer of cession shall be full, complete and immediate
upon and only upon acceptance of such offer by the Village. Offers
made with restrictions shall be made separately and shall state in
full the terms of the restrictions.
(13)
Title, scale, north point and date.
(14)
The final plat shall contain appropriate statements
with dated signature spaces signifying approval or acceptance by the
following, in the order listed:
B.
Separate documents.
(1)
Agreements covering the improvement and maintenance
of unceded public spaces and the conditions and time limits, if any,
applying to site reservations.
(2)
A statement by the Village Attorney approving as to
legal sufficiency all offers of cession, all covenants governing the
maintenance of unceded public open space and any action taken to establish
or extend water and/or sewer districts, and also approving the legal
sufficiency of any bond or agreement offered in lieu of the completion
of required subdivision improvements.
(3)
Protecting covenants in form for recording.
(4)
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XV, Stormwater Management, of Chapter 220, Zoning, of this Code,[1] together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 220-5B of this Code. If a SWPPP is submitted together with a final plat pursuant to this section, such plat shall not be approved unless the SWPPP and plat meet the performance and design criteria and standards in Article XV, Stormwater Management, of Chapter 220, Zoning, of this Code.
(5)
Other requirements. Such other certificates, affidavits,
endorsements or other agreements as may be required by the Village
Board in the enforcement of these regulations. In special cases where
there are potential hazards of flooding or other hazards, the Village
Board may require the services of an independent engineer or expert
to recommend conditions under which the subdivision may be approved.
The expense of such engineer or expert shall be borne by the subdivider.
The subdivider shall pay to the Village a fee
for all services (including but not limited to fees for engineering
services) for inspection during construction of public improvements
as shown on the approved subdivision plat. Such fee shall be 5% of
the gross costs (labor and materials) of the public improvements.
The gross costs of such public improvements shall be determined by
the Village. In the event that the costs of such inspection during
construction shall exceed 5% of the gross costs of the public improvements,
the subdivider shall reimburse the Village for excess costs over 5%;
provided, however, that in no event shall the fees herein exceed 10%
of the gross costs as determined by the Village. The fee of 5% of
the gross costs shall be paid by the subdivider to the Village prior
to the start of construction by any public improvement. In the event
the Village shall determine during construction of the public improvements
that the cost of inspection may exceed 5%, then the excess over 5%
shall be paid to the Village on demand. In any event, all fees due
pursuant to this chapter shall be paid to the Village upon completion
of the public improvements.
A.
Streets.
(1)
The streets and highways shall be of sufficient width
and suitable grade and shall be suitably located to accommodate the
prospective traffic, to afford adequate light and air, to facilitate
fire protection, and to provide access of fire-fighting equipment
to buildings. If there be an Official Map, Village Comprehensive Plan
or functional/master plans, such streets and highways shall be coordinated
so as to compose a convenient system conforming to the Official Map
and properly related to the proposals shown in the Comprehensive Plan
of the Village. In making such determination regarding streets, highways,
parks and required improvements, the Village Board shall take into
consideration the prospective character of the development, whether
dense residence, open residence, business or industrial.
(2)
Where not shown on the Master Plan, streets in a subdivision
shall:
(a)
Provide for the continuation or appropriate
projection of existing principal streets in surrounding areas; or
(b)
Conform to a plan for the neighborhood approved
by the Village Board to meet a particular situation where topographical
or other conditions make continuance of or conformance with existing
streets impracticable.
(3)
Minor streets shall be so laid out that their use
by through traffic will be discouraged.
(4)
Where a subdivision abuts or contains an existing
or proposed arterial street, the Village Board may require special
treatment of land bordering such street in order to insure protection
of residential property and afford separation of through and local
traffic.
(5)
Where a subdivision borders on or contains a railroad
right-of-way or controlled access highway, the Village Board may require
a street or streets parallel to such right-of-way in order to make
appropriate use of the land adjacent to such right-of-way.
(6)
Reserve strips controlling access to streets or to
other land dedicated or to be dedicated to public use shall be prohibited
except where their control is definitely placed in the Village under
conditions approved by the Village Board.
(7)
Street jogs with center-line offsets of less than
125 feet shall be avoided.
(8)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(9)
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°. The Village Board may waive this requirement
if adequate channelizing or divisional islands are provided to ensure
traffic safety.
(10)
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. The Village Board may permit
comparable cutoffs of chords in place of rounded corners.
(11)
Curb radii at intersections shall be no less
than 25 feet.
(12)
Street right-of-way widths shall be as shown
on the Master Plan, and where not shown thereon shall be not less
than as follows:
|
Street Type
|
Right-of-Way Width
(minimum feet)
| |
|---|---|---|
|
Arterial
|
80*
| |
|
Collector
|
66
| |
|
Minor
|
66
| |
|
Marginal access
|
40
|
|
NOTES:
* Not including right-of-way for marginal access
streets, if any.
|
(13)
Half streets shall be prohibited except where
they are essential to the reasonable development of the subdivision
in conformity with the other requirements of these regulations. (A
half street is any street on which a political boundary is in the
middle of the street.)
(14)
Dead end streets, designed to be so permanently,
shall not be longer than 600 feet, and shall be provided at the closed
end with a turnaround having an outside roadway diameter of at least
75 feet and a street property line diameter of at least 94 feet. The
six-hundred-foot length may be extended in appropriate instances if
so recommended by the Village Board.
(15)
No street names shall be used which will duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Village Board and the Erie County
Planning Board.
(16)
Street grades, whenever feasible, shall not
exceed the following, with due allowance for reasonable vertical curves
and with not less than 200 feet between changes of grade:
|
Street Type
|
Maximum Grade
| |
|---|---|---|
|
Arterial
|
4%
| |
|
Collector
|
6%
| |
|
Minor
|
8%
| |
|
Marginal access
|
8%
|
(17)
Except in accordance with an approved stormwater
pollution prevention plan, in order to facilitate drainage, no street
grade shall be less than 2% when possible, but in no event less than
1%.
[Amended 11-26-2007 by L.L. No. 11-2007]
(18)
Streets shall be designed in accordance with
any stormwater pollution prevention plan submitted pursuant to the
requirements of this chapter.
[Added 11-26-2007 by L.L. No. 11-2007]
B.
Alleys.
(1)
Alleys may be required in business, commercial and
industrial districts, but it is recommended that other definite and
assured provisions be made for service access such as off-street loading,
unloading and parking consistent with and adequate for the uses proposed.
(2)
The width of an alley, if required, shall not be less
than 20 feet.
(3)
Dead-end alleys shall be avoided where possible, but
if unavoidable, shall be provided with adequate turnaround facilities
at the closed end, as required by the Village Board.
C.
Easements.
(1)
Easements across lots or centered on rear or side
lot lines or along the right-of-way 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, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and of such further width or construction,
or both, as will be adequate for the purpose. Adequacy will be determined
by the Village Board.
D.
Blocks.
(1)
Block lengths generally shall not exceed 1,600 feet
nor be less than 400 feet. Block widths shall not be less than 250
feet.
(2)
Intersections with arterial streets should be held
to a minimum and preferably spaced at least 1,000 feet apart.
(3)
Pedestrian crosswalks, with a right-of-way not less
than 10 feet wide, may be required where deemed essential to provide
circulation or access to schools, playgrounds, shopping centers, transportation
and other community facilities.
E.
Lots.
(1)
The area, width and minimum building setback lines shall conform to the requirements of Chapter 285, Zoning, and to the following standards:
(a)
Residential lots shall meet the requirements
of the Zoning Chapter in usable area. The term "usable area" as used
herein, includes the general area of the lot or plat which may be
utilized for the proposed construction and for the normal and reasonable
development of the area for the type of occupancy proposed, exclusive
of lakes, streams, ponds, swamps or marginal areas subject to flooding
or along streams or other bodies of water, unless specified approval
is obtained from the Village Board.
(2)
Land subject to flooding shall not be platted for
residential occupancy nor for such other uses as may increase danger
to life or property or aggravate the flood hazard.
(3)
The subdividing of the land shall be such as to provide,
by means of a public street, each lot with satisfactory access to
an existing public street.
(4)
Double frontage and reverse 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 at least
10 feet wide, 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.
(5)
Side lot lines shall be substantially at right angles
or radial to street lines.
(6)
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 resubdivision.
A.
Monuments, lot corner markers and bench marks.
(1)
Monuments shall be placed at such block corners, angle
points and points of curves in streets and at intermediate points
as approved by the Village Board or their designated official. The
monuments shall be of such material, size and length as may be approved
by the Village Board.
(2)
As buildings are completed and surveyed, a copy of
the survey shall be furnished to the Village.
(3)
A permanent bench mark shall be established referenced
to the United States Coast and Geodetic Survey and tied to the elevations
shown on all plans, subject to the approval of the Village.
B.
Utility and street improvements.
(1)
Utility and street improvements, when required in
each new residential subdivision, shall be in accordance with the
standards and requirements described in the following schedules.
(2)
For business, commercial, industrial and other types
of development, utility and street improvements shall be as determined
by the Village.
C.
Schedule of required utilities and street improvements.
(1)
Public water per plans approved by the Village and
the County Health Department.
(2)
Public sewer per plans approved by the Village and
the County Health Department.
(3)
Arterial streets. Cross sections in accordance with
the Master Plan and as set forth in the preceding chapter and so designated
on the Major Trafficways Plan.
(4)
Collector streets.* Sixty-six-foot rights-of-way,
twenty-eight-foot pavements, five-foot sidewalks.
(5)
Minor streets.* Sixty-six foot rights-of-way, twenty-eight
foot pavements, five-foot sidewalks.
(7)
Streets along development boundaries and streets connecting
developments with an existing improved street system.** Cross sections
as determined by the Village.
(8)
Alleys.** Paved full width per standard specifications.
(9)
Grading and center-line gradients per plans and profiles
approved by the Village.
(10)
Storm sewer or other drainage improvements,
including runoff retention per plans approved by the Village.
(11)
Curbs per plans and Standard Specifications.**
(12)
Curbs and gutters [alternative to Subsection C(11)] per plans and specifications approved by the Village.
(13)
Pavements and bases, etc., pert Standard Specifications.**
(14)
Wearing surfaces per Standard Specifications.
(15)
Sidewalks per Standard Specifications.**
(16)
Streetlights as approved by the Village Board
and New York State Electric and Gas.
|
**
|
Specifications for public improvements, Village
of East Aurora.
|
A.
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 vary or modify the application
of any of the requirements herein relating to the use, 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.
B.
Notwithstanding any provision of law to the contrary,
where a plat contains one or more lots which do not comply with the
Zoning Chapter regulations, application may be made to the Zoning
Board of Appeals for an area variance without the necessity of a decision
or determination of an administrative official charged with the enforcement
of the zoning regulations.
[Amended 11-1-2021 by L.L. No. 6-2021]
A.
Before the approval by the Village Board of a plat
showing lots, block or sites, with or without streets or highways,
the Village Board shall require that the land shown on the plat be
of such character that it can be used safely for building purposes
without danger to health or peril from fire, flood, drainage or other
menace to neighboring properties or the public health, safety and
welfare.
B.
The installation of fire alarm signal devices, including
necessary connecting facilities shall be required or waived pursuant
to this chapter only with the approval of: (1) the Town Board if the
Village is included in a central fire alarm system established pursuant
to Subdivision 11-c of § 64 of the Town Law; (2) the legislative
body of the county if the Village is included in a central fire alarm
system established pursuant to paragraph (h) of Subdivision 1 of § 225
of the County Law; or (3) the Board of Fire Commissioners of the Village
in any other case unless the installation is to be made in a fire
district within the Village, in which event only the approval of the
Board of Fire Commissioners of such fire district shall be necessary.
The Village Board may, with the approval of the appropriate board,
completely waive any or all requirements in connection with the installation
of fire alarm signal devices, including necessary connecting facilities.
When required, such installation shall be made in accordance with
standards, specifications, and procedures acceptable to the Village
Board.
C.
Performance bond or other security.
(1)
As an alternative to the installation of infrastructure
and improvements, as provided, prior to the Village Board's approval,
a performance bond or other security sufficient to cover the full
cost of the same, as estimated by the Village Board, shall be furnished
to the Village by the owner.
(2)
Any such security must be provided pursuant to a written
security agreement with the Village, approved by the Village Board
and also approved by the Village Attorney as to form, sufficiency
and manner of execution, and shall be limited to:
(a)
A performance bond issued by a bonding or surety
company;
(b)
The deposit of funds in or a certificate of
deposit issued by a bank or trust company located and authorized to
do business in this state;
(c)
An irrevocable letter of credit from a bank
located and authorized to do business in this state;
(d)
Obligations of the United States of America;
or
(e)
Any obligations fully guaranteed as to interest
and principal by the United States of America, having a market value
at least equal to the full cost of such improvements. If not delivered
to the Village, such security shall be held in a Village account at
a bank or trust company.
(3)
Any such performance bond or security agreement shall
run for a term to be fixed by the Village, but in no case for a longer
term than three years, provided, however, that the term of such performance
bond or security agreement may be extended by the Village Board with
consent of the parties hereto. If the Village Board shall decide at
any time during the term of the performance bond or security agreement
that the extent of building development that has taken place in the
subdivision is not sufficient to warrant all the improvements covered
by such security, or that the required improvements have been installed
as provided in sufficient amount to warrant reduction in the amount
of said security, the Village Board may modify their requirements
for any or all such improvements, and the amount of such security
shall thereupon be reduced by an appropriate amount so that the new
amount will cover the cost in full of the amended list of improvements
required by the Village Board.
(4)
In the event that any required improvements have not
been installed as provided in this chapter within the term of such
security agreement, the Village Board may thereupon declare the said
performance bond or security agreement to be in default and collect
the sum remaining payable thereunder; and upon the receipt of the
proceeds thereof, the Village shall install such improvements as are
covered by such security and as commensurate with the extent of building
development that has taken place in the subdivision but not exceeding
in cost the amount of such proceeds.
A.
Before the Village Board may approve a subdivision
plat containing residential units, such subdivision plat shall also
show, when required by such Village Board, a park or parks suitably
located for playground or other recreational purposes.
B.
Land for park, playground or other recreational purposes
may not be required until the Village Board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposed within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
subdivision plat will contribute.
C.
In the event the Village Board makes a finding pursuant
to the above subsection that the proposed subdivision plat presents
a proper case for requiring a park or parks suitably located for playgrounds
or other recreational purposes, but that a suitable park or parks
of adequate size to meet the requirement cannot be properly located
on such subdivision plat, the Village Board may require a sum of money
in lieu thereof, per subdivision lot, as set from time to time by
resolution of the Board of Trustees, payable to the Village Clerk.
In making such determination of suitability, the Village Board shall
assess the size and suitability of land shown on the subdivision plat
which could be possible locations for park or recreational facilities,
as well as practical factors including whether there is a need for
additional facilities in the immediate neighborhood. Any moneys required,
in lieu of land for park, playground or other recreational purposes,
pursuant to the provisions of this chapter, shall be deposited into
a trust fund to be used by the Village exclusively for park, playground
or other recreational purposes, including the acquisition of property.
[Amended 3-14-2006 by L.L. No. 1-2006]
A.
Any owner of a parcel of land applying for minor subdivision
approval shall submit to the Village Board a request for minor subdivision
approval on a form provided by the Village of East Aurora. In addition
thereto, such owner shall submit a survey showing the following:
(1)
Required setbacks.
(2)
Existing water and sewer mains.
(3)
Natural features.
(4)
Existing and proposed improvements.
(5)
Finished floor elevation of all structures.
(6)
Drives, parking and all paved areas.
(7)
Existing structures on adjoining properties.
(8)
Direction of surface water runoff.
(9)
All trees greater than four inches in diameter.
(10)
Sewer and water service locations.
B.
The provisions of the State Environmental Quality
Review Act shall apply to minor subdivisions.
C.
A stormwater pollution prevention plan (SWPPP), if required for the proposed subdivision under Article XV, Stormwater Management, of Chapter 220, Zoning, of this Code,[1] shall be submitted, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 220-5B of this Code. If a SWPPP is submitted together with a minor subdivision plat pursuant to this section, such plat shall not be approved unless the SWPPP and plat meet the performance and design criteria and standards in Article XV, Stormwater Management, of Chapter 220, Zoning, of this Code.
D.
The Village Board of Trustees shall review such request
for minor subdivision approval and, after holding public hearing thereon,
approve or disapprove of the same.
E.
No building permit shall be issued for a parcel of
land constituting a minor subdivision as defined herein prior to the
approval of such minor subdivision by the Village Board of Trustees
as provided for herein.
