[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.
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:
(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)
(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.
