When used in this chapter, the following terms
shall have the respective meanings set forth herein except where the
context shows otherwise:
CONDITIONAL APPROVAL OF A FINAL PLAT
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.
FINAL PLAT
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]
FINAL PLAT APPROVAL
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]
MAJOR SUBDIVISION
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]
MINOR SUBDIVISION
Any subdivision containing two or three lots as defined in § 285-8 of this Code and not requiring the extension of public streets and/or infrastructure. The provisions of §§
227-18 and
227-21 of this chapter shall apply to minor subdivisions.
[Added 12-21-1998 by L.L. No. 9-1998]
PRELIMINARY PLAT
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]
PRELIMINARY PLAT APPROVAL
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]
SUBDIVISION
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.
B. Minor subdivision filing fee. The fee for the filing of a minor subdivision application shall be as set forth in Chapter
137, Article
II, of this Code. This charge shall be in addition to any other fees required to be paid by the Code of the Village of East Aurora.
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, 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]
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.
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.