11.5 Subdivision Approvals

Subdivision allows for the orderly division or consolidation of lots, the alteration of lot boundaries, and the dedication of land for public rights-of-way, parks, and other public purposes.

The property owner, or person expressly authorized by the property owner in writing, may initiate an exempt alteration of lots, a minor subdivision, or a major subdivision.

The Commissioner of Permit and Inspection Services must take action on an exempt alteration of lots. The City Planning Board must take action on requests for approval of a minor subdivision or major subdivision.

1. Exempt Alteration of Lots. The Commissioner of Permit and Inspection Services will classify any division, consolidation, or other alteration of lot boundaries as exempt from City Planning Board review and a public hearing where each of the following criteria is met:
   1. The proposed division, consolidation, or alteration of lot boundaries complies with the lot dimension standards of this Ordinance and will not result in split zoning classifications.
   2. The proposed division, consolidation, or alteration of lot boundaries involves less than one-half acre of land in Neighborhood zones and less than two acres in total.
   3. The proposed division, consolidation, or alteration of lot boundaries will not result in any through lots within an N-2R, N-3R, N-4- 30, or N-4-50 zone.
   4. All lots within the proposed division, consolidation, or other alteration of lot boundaries front on an existing public or private right-of-way, are served by existing municipal facilities, and do not involve the dedication of land for public rights-of-way, parks, or other public purposes.
2. Minor Subdivision. The Commissioner of Permit and Inspection Services will classify the application as a minor subdivision where each of the following criteria is met: 1. The proposed division, consolidation, or alteration of lot boundaries cannot be classified as exempt per 11.5.4.A. 2. The proposed division, consolidation, or alteration of lot boundaries involves less than two acres of land in Neighborhood zones and less than five acres in total. 3. All lots within the proposed division, consolidation, or alteration of lot boundaries front on an existing public or private right- of-way, are served by existing municipal facilities, and do not involve the dedication of land for public rights-of-way, parks, or other public purposes.
3. Major Subdivision. The Commissioner of Permit and Inspection Services will classify the application as a major subdivision where the proposal involves any of the following:
   1. The proposed division, consolidation, or alteration of lot boundaries cannot be classified as exempt per 11.5.4.A or as a minor subdivision per 11.5.4.B.
   2. The construction of new public or private rights-of-way, the extension of municipal facilities, or the dedication of land for public rights-of-way, parks, or other public purposes.

1. The purpose of the pre-application conference is to make advice and assistance available to the applicant before preparation of the preliminary plat. The Zoning Administrator may include other relevant City departments and interested agencies in the pre-application conference.
2. The pre-application conference does not require formal application or fee. Any opinions or advice provided are not binding with respect to any official action that may be taken on the subsequent preliminary plat.

1. A pre-application conference with the Zoning Administrator is required prior to the filing of a preliminary plat in the case of a major subdivision, and is optional in the case of a minor subdivision.
2. Minor Subdivision
   1. Only a preliminary plat is required for a minor subdivision application. Once approved, the preliminary plat will be considered the final plat.
   2. A preliminary plat must be filed, including payment of the applicable fee, with the Zoning Administrator in accordance with Section 11.2.1. Once it is determined that the preliminary plat is complete, the Zoning Administrator must forward the application to the City Planning Board.
   3. Within 62 days of the determination of completeness, the City Planning Board must hold a public hearing on the proposed preliminary plat. Notice of the public hearing is required in accordance with Section 11.2.2.
   4. Within 62 days of the closing of the public hearing, the City Planning Board must approve, approve with modifications, or disapprove the application. The failure of the City Planning Board to act within 62 days of the closing of the public hearing will be deemed an approval of the application as submitted, except where this 62 day period is extended by mutual consent of the applicant and the City Planning Board.
3. Major Subdivision
   1. A preliminary plat must be filed, including payment of the applicable fee, with the Zoning Administrator in accordance with the requirements in Section 11.2.1. Once it is determined that the preliminary plat is complete, the Zoning Administrator must forward the application to the City Planning Board.
   2. Within 62 days of the determination of completeness, the City Planning Board must hold a public hearing on the proposed preliminary plat. Notice of the public hearing is required in accordance with Section 11.2.2.
   3. Within 62 days of the closing of the public hearing, the City Planning Board must approve, approve with modifications, or disapprove the preliminary plat. The failure of the City Planning Board to act within 62 days of the closing of the public hearing will be deemed an approval of the application as submitted, except where this 62 day period is extended by mutual consent of the applicant and the City Planning Board. Approval of the preliminary plat does not constitute approval of the final plat.
   4. Within 180 days of approval by the City Planning Board of the preliminary plat, the applicant must submit a final plat to the Zoning Administrator in accordance with Section 11.2.1. Once it is determined that the final plat is complete, the Zoning Administrator must forward the application to the City Planning Board.
   5. Upon the determination of completeness for the final plat, the City Planning Board will make a determination of whether the final plat is in substantial agreement with the approved preliminary plat.
      1. If the City Planning Board determines that the final plat is in substantial agreement with the preliminary plat, no additional public hearing is required. Within 62 days of the determination of completeness, the City Planning Board must approve, approve with modifications, or disapprove the application. The failure of the City Planning Board to act within 62 days of the determination of completeness will be deemed an approval of the application as submitted, except where this 62 day period is extended by mutual consent of the applicant and the City Planning Board.
      2. If the City Planning Board determines that the final plat is not in substantial agreement with the preliminary plat, the City Planning Board must hold a public hearing on the proposed final plat within 62 days of the determination of completeness. Notice of the public hearing is required in accordance with Section 11.2.2. Within 62 days of the closing of the public hearing, the City Planning Board must approve, approve with modifications, or disapprove the application. The failure of the City Planning Board to act within 62 days of the closing of the public hearing will be deemed an approval of the application as submitted, except where this 62 day period is extended by mutual consent of the applicant and the City Planning Board.

The City Planning Board may permit a minor or major subdivision to be completed in phases. The City Planning Board may include any requirements or conditions on such phasing plan it deems necessary to ensure orderly development. 11.5.8 Submittals

1. Pre-Application Conference Submittals
   1. A sketch plan of the proposed subdivision indicating the general layout of proposed thoroughfares, lots, and other improvements.
   2. A location map or sketch, approximately in the scale of one inch equals 400 feet, showing the general relationship of the proposed subdivision to its surrounding area, including the general location of major thoroughfares, schools, parks, and other relevant developments.
   3. A depiction of land reserved for thoroughfares, stormwater management, sewers, water, fire protection, public buildings, utilities, and other facilities.
2. Preliminary Plat Submittals
   1. An application form, available from the Commissioner of Permit and Inspection Services.
   2. Three hardcopies and one electronic copy of the preliminary plat prepared by a professional engineer or land surveyor licensed by the State of New York.
   3. Evidence of site control.
   4. A site plan drawn to a scale of at least one inch equals 100 feet with the following information:
      1. A north point indication, scale, date of preparation of the preliminary layout, and the signature of the licensed professional engineer or land surveyor preparing the same.
      2. A legal description of the land proposed to be subdivided, by deed description, surveyed by a New York State licensed land surveyor. The locations and coordinates of all monuments must be referenced to the nearest approved control point as directed by the Commissioner of Public Works, Parks, and Streets, if such control points exist. In the absence of such control points, the surveyor must extend a control point satisfactory to the Commissioner.
      3. Sufficient information to locate accurately the proposed subdivision in relation to its general vicinity, by means of reference to thoroughfares, railroad lines, recorded plats, etc.
      4. The boundary lines of the proposed subdivision, drawn to scale, including angles and distances, and a statement of the total area encompassed by such boundary lines.
      5. The location, dimensions, and layout of rights-of-way, blocks, easements, improvements, and utilities within and contiguous to the proposed subdivision, as well as the location and dimensions of such major features as railroad lines, waterways, and exceptional topography.
      6. The layout, number, dimensions, and area of each lot within the proposed subdivision.
      7. The location, dimensions, description of use or function, and layout of all parcels of land intended to be dedicated for public use or reserved as common space for subdivision property owners, such as parks and other open spaces.
      8. The location of all existing and proposed connections with existing and proposed water, sewer, and other utility lines, and an indication of provisions for and location of stormwater management facilities.
   5. An outline and description of all public improvements, if required, together with such preliminary drawings and information as required by City departments and interested agencies.
   6. When required by the Zoning Administrator:
      1. A topography map with contours at specified intervals.
      2. The location, size, and approximate grades of proposed sewers.
      3. Cross-sections of proposed rights- of-way, showing roadway widths and grades, bicycle and pedestrian facilities, green infrastructure, and street trees.
      4. The proposed location of water, gas, electric, cable, data delivery, and telephone outlets or lines.
3. Final Plat Submittals. The final plat submittals must include one original hardcopy, two hardcopies, and one electronic copy of the final plat, bearing the seal and signature of a New York State licensed professional engineer or land surveyor who prepared it. The final plat must conform to the approved plans and specifications for required improvements and the preliminary plat, incorporating any conditions required by the City Planning Board, and including the following information, as applicable:
   1. Formal offers of dedication, when not set forth on the final plat, of any public rights-of-way or parks. All such offers of dedication must be accompanied by the appropriate deeds bearing a certification of approval by the City Corporation Counsel.
   2. The plans and specifications for required improvements containing the certifications required by this section, together with any required bonds and waivers.
   3. The final plat must contain the following:
      1. The date of preparation of the final plat and by whom it was prepared.
      2. The boundary of the plat, based on accurate traverse, with angles and linear dimensions.
      3. The exact location, width, and name of all rights-of-way within and adjoining the plat.
      4. True angles and distances to the nearest established right-of-way line or official monuments (no less than three).
      5. Municipal, township, county, and section lines accurately tied to the lines of the subdivision by distances and angles.
      6. Radii, internal angles, points, curvatures, tangent bearings, and lengths of all arcs.
      7. All easements established for public use and utilities.
      8. All lot numbers and lot lines, with accurate dimensions given in hundredths of a foot.
      9. Accurate outlines of all areas dedicated or reserved for public use, with the proposed uses indicated, and all areas to be reserved for the common use of the property owners, with the proposed uses indicated.
      10. Forms of dedication, approval, and certification as required by this Ordinance.
   4. Prior to submitting the final plat, the following approvals and certifications must be secured and evidenced on the final plat or by written documents supplementing such final plat:
      1. An endorsement from abstract or title company certifying that there are no liens against the land to be subdivided arising from nonpayment of City taxes, water or sewer charges, or fines.
      2. A certification by all who have an interest in the property to be subdivided, authorizing and acknowledging the preparation of the subdivision plat and the dedication of any thoroughfares and other public areas.
      3. The approval of the Commissioner of Public Works, Parks, and Streets that the subdivision agrees with the City survey and is mathematically correct.
      4. A certification from the Commissioner of Public Works, Parks, and Streets, the Buffalo Sewer Authority, the Buffalo Water Board, and other authorities where approval is required, of the plans and specifications for required public improvements, or waivers from the same.
      5. A performance bond or other security sufficient to cover the full cost of required improvements, as estimated by the City Planning Board or a City department designated by the City Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the City Planning Board. Any security must be provided pursuant to a written security agreement with the City, approved by the Common Council and City Corporation Counsel as to form, sufficiency, and manner of execution, and must be in accordance with General City Law §33. Any performance bond or security agreement must run for a term to be fixed by the City Planning Board, but in no case for a longer term than three years, except where this three-year period is extended by mutual consent of the applicant and the City Planning Board.

In approving, approving with modifications, or disapproving an application for a subdivision, the City Planning Board must make written findings of fact on the following criteria:

1. The land shown on the plat will 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.
2. The subdivision will ensure the accurate and easy description of land, orderly growth and development, efficient land use, and proper use of natural resources.
3. The subdivision is consistent with the spirit and intent of this Ordinance and the Comprehensive Plan.
4. Lots shown on the plat will:
   1. Conform with the standards of this Ordinance.
   2. Not result in split zoning classifications.
   3. Provide adequate access to a public or private right-of-way, or have access to such right-of-way with a permanent access easement.
   4. Be assigned street address numbers per Chapter 109 of the City Code.
5. Suitable monuments will be placed at block corners and other necessary points as may be required by the City Planning Board, with locations shown on the plat.
6. Rights-of-way will be coordinated so as to compose a convenient and connected system conforming to this Ordinance and the Comprehensive Plan.
7. All rights-of-way and other public places shown on the plat will be installed in accordance with standards, specifications, and procedures acceptable to the Buffalo Sewer Authority, Buffalo Water Board, Department of Public Works, Parks, and Streets, and Fire Department.

Where the City Planning Board finds that extraordinary hardships may result from strict compliance with these standards, it may waive these standards provided that the adjustment is consistent with the intent and purpose of this Ordinance. In granting any adjustment, the City Planning Board may attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements that are adjusted. This does not authorize the City Planning Board to waive any zoning standard for which a variance would be required.

1. The moving of lot lines and rearrangement of easements are considered minor modifications and may be approved by the Zoning Administrator, provided that the lots meet the minimum requirements of this Ordinance and all other applicable regulations, and the number of lots remains the same. All other modifications are deemed major modifications and require resubmission of a preliminary plat.
2. No changes, erasures, modifications, or revisions may be made in any final plat after approval has been given by the City Planning Board and endorsed in writing on the plat, unless the Zoning Administrator deems the changes a minor modification.
3. In the event that any such plat is recorded without complying with this requirement, the plat will be considered null and void, and the Zoning Administrator must institute proceedings to have the plat stricken from the records of the County Clerk.

The issuance of either one of the following constitutes final approval of a plat, and will authorize the filing of the plat with the County Clerk:

1. The signature of the Chairman of the City Planning Board on the plat.
2. The certificate of the City Clerk as to the date of the submission of the plat and the failure of the City Planning Board to take action within the prescribed time.

An approved subdivision expires 62 days from the date of the Chair’s signature constituting the approval of the plat, or from the date the certificate is issued, unless within the 62 day period the plat is filed or recorded by the subdivider in the office of the County Clerk.

Following final plat approval, survey monuments and markers must be laid out as indicated in the preliminary and final plats as follows:

1. The permanent survey monuments must be installed within 30 days of notice from the Commissioner of Public Works, Parks, and Streets and at the expense of the applicant.
2. Survey monuments must meet the following standards:
   1. Monuments must be made of concrete cylinders covered with suitably marked bronze plates.
   2. The tops of the monuments and their location and grade must be set as established by the Commissioner of Public Works, Parks, and Streets.
   3. The cylinders must be of sufficient depth to reach below the frost line.
3. The Commissioner of Public Works, Parks, and Streets may modify or exempt this requirement based on the nature of the proposed subdivision.

1. Before the City Planning Board may approve a subdivision plat containing residential units, the subdivision plat must also show, when required by the City Planning Board, a park or parks suitably located for playground or other recreational purposes.
2. Land for park, playground, or other recreational purposes may not be required until the City Planning 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 purposes within the City. These findings must include an evaluation of the present and anticipated future needs for park and recreational facilities in the City based on projected population growth to which the particular subdivision plat will contribute.
3. If the City Planning Board makes a finding 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 the subdivision plat, the City Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Common Council. In making the determination of suitability, the City Planning Board must 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 money required by the City Planning Board in lieu of land for park, playground, or other recreational purposes must be deposited into a trust fund to be used by the City exclusively for park, playground, or other recreational purposes, including the acquisition of property.

1. Installation of Improvements. Within three years from the date of approval of the final plat, all improvements required by the Commissioner of Public Works, Parks, and Streets, Buffalo Water Board, and Buffalo Sewer Authority must be made (designed, constructed, installed) by the subdivider at his/her expense. These improvements include, but are not limited to, roadway grading and pavement, sidewalks, curbs or gutters, sanitary sewers, water mains and services, stormwater management facilities, fire services, street lighting infrastructure, street name signs, and street trees.
2. Notification. Prior to the start of construction of any required improvements, the applicant must furnish to the Commissioner of Public Works, Parks, and Streets a copy of the specifications included in any contract entered Into by the applicant for construction. The applicant must notify the City at least five days prior to the start of construction or installation of any improvement and at least 24 hours prior to the completion of these improvements.
3. Modification of Design of Improvements. If at any time before or during construction of the required public improvements it is demonstrated to the satisfaction of the Commissioner of Public Works, Parks, and Streets that unforeseen conditions make it necessary or preferable to modify the location or design of the required improvements, the Commissioner of Public Works, Parks, and Streets may authorize modifications upon written request of the applicant, provided that the modifications are within the spirit and intent of the approved final plat and do not amount to the waiver or substantial alteration of the function of any required improvement. The Commissioner of Public Works, Parks, and Streets must issue any waiver in writing and transmit a copy of the waiver to the City Planning Board.
4. Inspection of Improvements
   1. The construction of all required improvements must be supervised by a New York State- licensed engineer employed by the City at the expense of the applicant. After completion of construction, the supervising engineer must certify to the Commissioner of Public Works, Parks, and Streets that all required improvements have been constructed as required.
   2. The Commissioner of Public Works, Parks, and Streets must inspect required improvements during and at the completion of construction to ensure their satisfactory completion.
   3. If the Commissioner of Public Works, Parks, and Street finds, upon inspection, that any of the required improvements have not been constructed per the approved plans and specifications, he/she must instruct the applicant to correct any discrepancies.
5. Default of Security Agreement. If any required improvements have not been installed as provided in this section within the term of a security agreement, the Common Council may declare the performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds, the City must install the improvements as are covered by the 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.
6. Acceptance of Improvements
   1. If any plat contains public rights-of-way, parks, or easements which are to be dedicated as such, the approval of the plat does not constitute an acceptance by the City of the improvements constructed or installed in the subdivision, irrespective of any acts by an officer, agent, or employee of the City with respect to these improvements.
   2. Every right-of-way, park, or easement shown on a plat filed or recorded in the office of the County Clerk will be deemed to be a private improvement until it has been formally dedicated and accepted by the City. Until such dedication and acceptance, the City is not responsible for maintenance.
   3. The acceptance of improvements may be made only by the adoption of a Common Council resolution after the Commissioner of Public Works, Parks, and Streets files a certificate with the City Clerk certifying that all improvements have been constructed or installed as required. All accepted easements must be filed with the plat and copies forwarded to the Commissioner of Public Works, Parks, and Streets.
   4. No reimbursement will be made by the City or any department or authority for the required improvements.
7. Modification of Security. If the City Planning Board decides 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 the security, or that the required improvements have been installed in accordance with this Ordinance in sufficient amount to warrant reduction in the amount of the security, and upon approval by the Common Council, the City Planning Board may modify its requirements for any or all such improvements, and the amount of such security must be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of required improvements.

No building permit will be issued prior to the filing of the final plat with the County Clerk.