Town of Aurora, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Aurora 1-11-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 5.
Planning Board — See Ch. 23.
Building permits — See Ch. 44.
Electrical inspections — See Ch. 59.
Fire prevention and building construction — See Ch. 65.
Flood damage prevention — See Ch. 68.
Ponds — See Ch. 87.
Sewers — See Ch. 93.
Stormwater management — See Ch. 96.
Streets and sidewalks — See Ch. 97.
Subdivision of land — See Ch. 99.
Water — See Ch. 113.
Zoning — See Ch. 116.
[1]
Editor's Note: This resolution was originally adopted as Ch. 98 but was renumbered to maintain the alphabetical order of the Code.
The intent of site plan review is as follows:
A. 
To evaluate the intended building design in its arrangement to and its suitability to natural site conditions and the compatibility with surrounding land uses.
B. 
To permit the Town of Aurora to analyze development proposals in terms of their impacts on local growth and the need for facilities and services.
C. 
To protect and provide for the public health, safety and general welfare of the Town.
D. 
To conform with current zoning restrictions, the Table of District Regulations[1] and the Official Map and Master Plan, if any, now or in the future.
[1]
Editor's Note: The Table of District Regulations is included in a pocket at the end of this volume.
E. 
To protect the value of land throughout the Municipality, to encourage orderly and beneficial development upon the land, and to minimize misunderstandings in the interpretation of intended land uses set forth in current zoning restrictions.[2]
[2]
Editor's Note: See Chapter 116, Zoning.
F. 
To prevent the pollution of air and water, to assure the adequacy of proper drainage methods, and to safeguard the natural water table through responsible sewage removal/treatment.
G. 
To provide for the preservation of open spaces through the most-efficient design and layout of buildings, including but not limited to the use of cluster development of buildings on a parcel of land.
A. 
All applications for building permits shall be accompanied by a site plan as approved by the Town Board, based upon the review and recommendations of the Town Planning Board and, if appropriate, the Town's Engineer, Highway Superintendent and/or Superintendent of Buildings and upon the opinions and concerns brought up at a required public hearing(s), if any.
B. 
An approved site plan need not accompany an application for a building permit to construct any of the following:
(1) 
A one-family or two-family dwelling and its permitted accessory uses or structures.
(2) 
A nonresidential commercial improvement, either in the form of an addition to an existing structure or the construction of a new structure, which, upon completion, will be less than 2,500 square feet. Notwithstanding this exception, if an applicant, during any three-year period, has engaged in a series of small improvements on his, her or its property over a period of time which, in the opinion of the Superintendent of Buildings, are intended to circumvent the requirements for a site plan review, the Superintendent of Buildings may, in his or her reasonable judgment, view all of those improvements in the aggregate in determining whether or not any such improvement or improvements would be excluded from the requirement of a site plan review because of the amount of improved square footage involved.
(3) 
Improvements on agricultural properties or farms within the Town of Aurora which either would not otherwise be subject to the issuance of a building permit or which are located in the rear of existing improvements, provided that such improvements are located on a parcel of land of 10 acres or more.
C. 
Notwithstanding any other provision contained in this § 95-2, a site plan review will be required for any nonresidential commercial improvement constructed on property which immediately adjoins or is directly across the street from and is within 500 feet of property which is zoned residential by the Town.
A. 
Upon applying for a building permit which requires a site plan review, the Superintendent of Buildings will advise the applicant of the specific materials which need to be submitted to the Planning Board and/or Town Board for review. This step is designed to save the applicant from possible future delays. The Superintendent of Buildings will review the basic site design concept and advise the applicant as to potential problems and concerns and will assist the applicant in determining the information needed to begin a preliminary site plan review. In order to accomplish these objectives, the applicant shall provide sketches of the proposed development, together with an area map showing the location of the site in relation to neighboring points of interest.
B. 
At this time, the Town's designated state environmental quality review (SEQR) officer will decide if an environmental review is necessary.
C. 
All materials needed for a site plan review will be filed with the Superintendent of Buildings, together with a completed site plan review application to be developed by and obtained from the Superintendent of Buildings. A nonrefundable fee, the exact amount of which will be established from time to time by resolution by the Town Board, shall be paid at that time to the Town Clerk. Thereafter, the Superintendent of Buildings will distribute the proper documents to the Planning Board as well as to any other individuals, agencies or bodies that may be appropriate for their review, report and recommendation.
[Amended 12-10-2007 by L.L. No. 6-2007]
D. 
Upon receiving the information required on the site plan submittal checklist (which is to be attached to the site plan review application) and a complete set of plans, drawings, maps, surveys and other materials deemed reasonably necessary and appropriate, the Planning Board will review and make an initial assessment of materials and notify the applicant of any additional materials needed to complete the site plan review. If variations from the submission requirements are to be granted, they will be mutually agreed upon by the applicant and the Planning Board at this initial consultation. This will be the preliminary stage of the site plan review.
E. 
To further aid in determining public opinion and concerns, an optional public hearing may, but need not be, scheduled by the Planning Board within 45 days of receipt of a completed application for a site plan review.
F. 
The Planning Board shall act on such an application and notify the Town Board and applicant, in writing, of its action, which shall be to recommend either the acceptance or rejection of an application or the conditional acceptance of any application or the acceptance of an application conditioned upon certain changes in the proposed project or development.
G. 
Final site plan approval or disapproval will be given by the Town Board following its receipt of a written recommendation by the Planning Board to approve, disapprove or approve with modification an applicant's site plan review application. Such a written recommendation shall be made by the Planning Board within 60 days of any required public hearing or the submission of a completed site plan review application to the Planning Board.
H. 
Any time limits set forth herein may be extended by mutual consent of the Planning Board and/or Town Board and the applicant to allow all interested parties to comment upon or modify any pending proposal. Notwithstanding the above, if the Town Board determines that it is in the best interest of the Town to expedite the review and approval or disapproval of a pending application, subject to the provisions of this chapter, the Town Board may notify the Planning Board of this determination, in which event the Planning Board will make a written recommendation to the Town Board to either accept a pending application without change, to accept a pending application subject to certain changes, conditions or modifications or to reject a pending application within 60 days of the date of the Town Board's written request.
I. 
Within 45 days of receiving a recommendation from the Planning Board, the Town Board shall approve, disapprove or approve with modifications an applicant's final site plan. In the event that the Town Board rules that the site plan does not comply with Town standards or regulations or is unacceptable to the Town Board for any other reason, then the record of such determination shall be delivered to the applicant, including a separate statement setting forth, in as much detail as needed for the applicant to understand the basis for such determination, the criteria used by the Town Board and others in the determination of disapproval.
J. 
Upon approval by the Town Board, a complete final site plan review package will be sent to the Superintendent of Buildings, after which a building permit will be issued to the applicant if he, she or it complies with all other applicable rules and regulations.
K. 
All costs incurred by the Planning Board and/or Town Board or other individuals involved in the site plan review for consultation fees or other expenses in connection with the review procedure shall be charged to and paid by the applicant, in the Town's discretion, either before or after they are incurred.
A. 
The site plan submittal checklist will assist in providing the Town's Planning Board with a basis for reaching a final decision regarding the recommendation of a final site plan to the Town Board for approval, disapproval or approval with modifications. An applicant's proposed site plan and all supporting data will be submitted by and bear the official seal and signature of a licensed architect, landscape architect, professional engineer or land surveyor.
B. 
Site plan components, as allowed or required by state law, which will, to the extent deemed appropriate, be considered by the Town Board, Planning Board and others as part of an analysis of an applicant's site plan will include the following: legal data, impact on the environs, natural features, existing man-made features, proposed development, impact on stormwater pollution, and other information or materials. If a stormwater pollution prevention plan (SWPPP) is submitted pursuant to § 95-4B(6) of this chapter, such SWPPP shall be considered by the Town Board, Planning Board and others as part of an analysis of an applicant's site plan, and the site plan and SWPPP shall not be approved unless they comply with the performance and design criteria and standards in Chapter 96, Stormwater Management, of the Code.
[Amended 12-10-2007 by L.L. No. 6-2007]
(1) 
Legal data:
(a) 
The name and address of the applicant and authorization of the owner if different from the applicant; the name and address of the owner(s) of record, if different from the applicant; and the name and address of the person or firm preparing the site plan and any related maps or sketches.
(b) 
Ownership intentions of the applicant or others, such as future options, rights-of-way etc.
(c) 
Current zoning classification of the property, including the exact zoning boundary if in more than one district.
(d) 
Property boundary lines plotted to scale by a licensed surveyor, including distances, angles, North arrow, scale and date.
(e) 
The locations, widths, elevations and names of existing and proposed adjacent streets.
(f) 
A description of all existing deed restrictions or covenants applying to the property.
(g) 
The identification and record of the application and approval status of all necessary state and county permits as part of the final stage of any applicant's site plan review.
(2) 
Impact of proposal on environs:
(a) 
Relationship to:
[1] 
Adjacent and nearby land uses, both public and private.
[2] 
Existing and proposed traffic patterns.
[3] 
Existing and projected water supply, sewage disposal and similar service capabilities.
[4] 
The community's ability to provide adequate recreation, education and fire protection.
(b) 
Visual compatibility with surroundings.
(c) 
Effect on air and water quality standards applicable to commercial site plans.
(d) 
Effect on energy consumption and conservation.
(e) 
Whether the designated lead agency deems the proposal to be significant pursuant to the State Environmental Quality Review Act,[1] in which event a draft environmental impact statement, followed by an environmental impact statement, will be required and reviewed.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
(3) 
Natural features:
(a) 
Geological features, such as depth to bedrock and the locations of rock outcrops.
(b) 
Topographical features, including a map showing existing contour intervals of no more than five feet. Two-foot contour intervals will be required if the topography is relatively flat. Areas of steep slopes should be delineated as necessary.
(c) 
Soil characteristics, such as load-bearing capacity and drainage capacity.
(d) 
Hydrologic features, which should include drainage and natural runoff patterns, flood zones, noted wetlands, vegetative cover and average depth to groundwater.
(4) 
Existing development and infrastructure:
(a) 
The location and dimensions of major buildings and structures.
(b) 
The location and width of roads, private drive and paths, including site access.
(c) 
The location, size and flow direction of sewers, water supply lines and culverts; all utilities to be identified.
(d) 
Other existing developments adjacent to the site, including setback and lot line dimensions.
(5) 
Proposed development:
(a) 
The intended use of the completed project.
(b) 
A grading and drainage plan.
(c) 
Site placement of buildings, accessory structures, fences, parking lots, sidewalks, storage tanks, waste-disposal units, etc.
(d) 
The location and size of water and sewer lines and appurtenances.
(e) 
The location, size and design of all outdoor lighting facilities, public-address systems and outdoor signs, including those posted on buildings.
(f) 
A general landscaping plan and planting schedule, including buffer zones and green space.
(g) 
An estimated project schedule and phasing plan (final site plan).
(h) 
A performance bond, if determined to be appropriate, with the amount, completion schedule, public improvements covered and inspection and bond approval.
(6) 
Impact on stormwater pollution:
(a) 
A stormwater pollution prevention plan (SWPPP), if required for the proposed development under Chapter 96, Stormwater Management, of the Code.
(b) 
The recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 96-4B of the Code.
(7) 
Other: any other information or materials which the Town Board, Planning Board, Town's Engineer, Highway Superintendent and/or Superintendent of Buildings deems reasonably necessary and/or appropriate to complete a meaningful site plan review in connection with the applicant's proposed improvements or development project.
[Amended 12-10-2007 by L.L. No. 6-2007]
The Town Board may waive the applicability of all or any portion of the site plan review process to a particular applicant or project if it determines that such review is not in the interest of public health, safety or general welfare or is inappropriate to a particular site plan or project, except that the requirements of § 95-4B(6) of this chapter shall not be waived.
A. 
Prior to reaching a final decision on a site plan review application, the Planning Board or Superintendent of Buildings shall, if required, mail notice of such proposed action to the Erie County Planning Board.
B. 
The decision of the Town Board on any site plan application shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy mailed to the applicant.
This chapter shall take effect the 11th day of January 1999.