[Added 6-27-2007 by L.L. No. 3-2007]
In accordance with the recommendations and policies of the Town's master plan, the purpose and intent of the Adequate Educational Facilities Overlay are to:
A. 
Ensure that educational facilities needed to support new residential development do not fall permanently below the level of service guidelines established herein.
B. 
Ensure that the school district, through cooperation with the Town, as provided herein, maintains a realistic capital improvements program (CIP) to accommodate reasonable growth and development based on its ability to provide adequate educational facilities to new development.
C. 
Ensure that adequate educational facilities needed to support new development are available as new development occurs.
D. 
Establish uniform procedures for the review of AEF assessments subject to the standards and requirements of this article.
E. 
Encourage residential development in areas where educational facilities exist or are planned in the CIP of the school district.
F. 
Ensure that all applicable legal standards and criteria are incorporated in these procedures and requirements.
G. 
Ensure that development proposals will not adversely affect the public health, safety, and welfare of existing and future residents of the Town.
The Adequate Educational Facilities Overlay District represents all that area situated within the Town of Clarence that also is within the boundaries of the Clarence Central School District, as shown on the Adequate Educational Facilities Overlay District Map, as adopted and on file with the Department of Community Development.
A. 
Permitted uses. The uses permitted in the Adequate Educational Facilities Overlay District shall be the same uses as are permitted in the underlying zoning districts.
B. 
Accessory uses. The accessory uses permitted in the Adequate Educational Facilities Overlay District shall be the same accessory uses as are permitted in the underlying zoning districts.
The division of lands, regardless of the zoning classification, shall be subject to Town Subdivision Law.[1] In addition, the regulations and requirements of this article shall apply to all divisions of land within this overlay district, as provided herein.
[1]
Editor's Note: See Ch. 193, Subdivision of Land.
A. 
Generally. Except as provided in Subsection B of this section, within the AEF Overlay District, a statement of available capacity, and/or an approved mitigation plan, which demonstrates available capacity, is required as a condition of final approval of any development proposal.
B. 
Exemptions. For a development proposal, or portion thereof, that consists of age-restricted or senior citizen housing, no AEF determination shall be required where the applicant demonstrates that all age-restricted or senior citizen housing units are subject to a recorded deed restriction prohibiting school-aged children from residing in the proposed dwelling units.
A. 
When required. Subject to applicable Zoning Law requirements, a complete AEF assessment must be submitted in conjunction with any development proposal application. No development proposal shall be referred by the Town to the Planning Board for review and comment unless an AEF determination has been made by the Director. No development plan shall receive final approval by the body with final approval authority, either the Town Board or Planning Board, unless a statement of available capacity has been issued.
[Amended 12-1-2010 by L.L. No. 5-2010]
B. 
Requirements for AEF assessment.
(1) 
Presubmittal meeting required. Prior to submission of an AEF assessment, the applicant must meet with the Director to confirm the scope and applicability of this article, to identify potential Educational Facility deficiencies, and to ensure compliance the AEF assessment requirements. The Director may request the school district's representative to attend.
(2) 
General AEF assessment requirements. The AEF assessment shall include:
(a) 
Description of the development proposal, including the type and amount of each proposed land use, including number of proposed new residential units.
(b) 
A phasing schedule for any residential development of 25 or more new dwelling units.
(c) 
If applicable, a mitigation plan.
(d) 
Other information required by the Director or the school district to evaluate the AEF assessment and to make an AEF determination pursuant to this article.
(3) 
Completeness review. Within 15 days of receipt, the Director shall determine whether the AEF assessment is complete and complies with the submission requirements set forth in this section. If the AEF assessment is complete and the submission requirements have been met, the Director will undertake review of the AEF assessment as provided herein.
C. 
AEF determination by Director.
(1) 
Within 30 days of making a completeness determination, or of receiving a revised application or mitigation plan, after consultation with the school district, the Director will make an AEF determination, by issuing either a statement of available capacity or a statement of no available capacity, consistent with the requirements and methodology set forth below.
(a) 
By school level. AEF determinations will be based on the capacity of the attendance zone for each school at each school level in which a development proposal is located.
(b) 
Capacity. AEF determinations will consider the capacity of existing educational facilities as well as those included in the CIP, which are anticipated to be constructed and available within two years of the Town's final approval of the development proposal, including any advanced facilities to be provided pursuant to a mitigation plan.
(c) 
Demand. AEF determinations will consider the demands on educational facilities created by existing development; developments that have an unexpired AEF allocation; approved, yet unbuilt, developments which will impact educational facilities; and other factors which will affect the capacity of educational facilities.
(d) 
AEF schedule. The Director will maintain a schedule setting forth the existing and projected capacity of the schools within the AEF Overlay District.
(e) 
Methodology. The Director will issue either a statement of available capacity or a statement of no available capacity, based on the following:
[1] 
If the Director determines that there is not available capacity at each school level for each school that will serve the development proposal, the Director will:
[a] 
Issue a statement of no available capacity;
[b] 
Identify the month and year in which the school district's CIP indicates that available capacity will exist;
[c] 
Identify what steps if any the applicant may take voluntarily to advance the provision of school facilities so as to qualify for a statement of available capacity by the district; and
[d] 
Identify any other factor or information the Director determines is relevant to the AEF determination and the Town's action on the development proposal.
[2] 
If there is available capacity at each school level for each school that will serve the development proposal, the Director will:
[a] 
Issue a statement of available capacity;
[b] 
Record an AEF allocation on the AEF schedule; and
[c] 
Identify any other factor or information the Director determines is relevant to the AEF determination and the Town's action on the development proposal.
(f) 
If, based on the methodology set forth above, the Director determines that available capacity exists for each elementary, middle, and high school Educational Facility that will serve the development proposal, or that a proffered mitigation plan will ensure available capacity, the Director will issue a statement of available capacity and will make an AEF allocation.
(g) 
If, based on the methodology set forth above, the Director determines that available capacity does not exist and no acceptable mitigation plan has been proffered which would ensure available capacity, the Director will issue a statement of no available capacity and no AEF allocation will be made.
(2) 
Once the Director has made an AEF determination, the Director will transmit the AEF determination with the development proposal application to the Town Board for referral to the Planning Board, in accordance with Town Zoning and Subdivision Laws.
(3) 
If a statement of available capacity is based on an advanced facility, approval of the development proposal must be conditioned on the timely completion of the advanced facility and approval by the Town and the school district of a mitigation plan.
[Amended 12-1-2010 by L.L. No. 5-2010]
D. 
Statement of no available capacity and mitigation plans.
(1) 
A statement of no available capacity by the Director will indicate the month and year in which the CIP of the school district indicates available capacity will exist, based on adopted level of service standards, projected enrollments, and other factors related to educational facilities capacity.
(2) 
Prior to or upon a statement of no available capacity, the applicant may:
(a) 
Submit a development proposal that has a reduced amount of development for which available capacity exists;
(b) 
Submit a phased development proposal, which must be approved by the Planning Board, and which includes the following:
[1] 
A proposed phasing schedule setting forth the amount, location, and timing of development associated with each proposed phase;
[2] 
A demonstration that available capacity will be available to serve each phase of development, as provided herein;
[3] 
Where advanced facilities are proposed, the location and timing of the proposed facilities; and
[4] 
Other relevant information as identified by the school district or the Director needed to demonstrate available capacity.
(c) 
Submit a mitigation plan, which will be approved only pursuant to a valid development agreement between the applicant, the Town, and the school district, which proposes the provision of advanced facilities. Mitigation plans must fund or result in the construction of educational facilities anticipated to be available within two years of the final approval of the Town of the development proposal and must include the following, as applicable:
[Amended 12-1-2010 by L.L. No. 5-2010]
[1] 
If the applicant is constructing or dedicating educational facilities, an estimate of the incremental cost of providing the advanced facilities and a schedule for commencement and completion of the advanced facilities.
[2] 
If the applicant is providing advanced funding for planned educational facilities, the amount, nature, and timing of said funding.
[3] 
A proposed development agreement, between the applicant, the Town, and the school district, committing the applicant to the timely and adequate provision of advanced facilities as described in the approved mitigation plan.
[4] 
Other provisions determined by the parties to be necessary to ensure timely available capacity.
E. 
Action by Planning Board and Town Board.
(1) 
The Director's AEF determination will be forwarded with the development proposal application to the Town Board for referral to the Planning Board for review and comment, as otherwise provided by Town law.
(2) 
Except as provided in Subsection F below, no development proposal will receive final approval by the Town unless a statement of available capacity has been issued by the Director, in accordance with the methodology set forth herein.
[Amended 12-1-2010 by L.L. No. 5-2010]
F. 
Limitation on development deferrals.
(1) 
Except as provided in Subsection F(2), below, any deferral of development resulting from a statement of no available capacity shall expire in the month and year when available capacity is projected to exist, based on the CIP and adopted level of service standard.
(2) 
However, in no event shall a deferral of development, based on a statement of no available capacity, exceed two years from the date of issuance of a statement of no available capacity.
G. 
Duration and effect of a statement of available capacity.
(1) 
A statement of available capacity and an AEF allocation shall be deemed to indicate that:
(a) 
Available capacity exists at the time of the AEF determination; and
(b) 
Provided that an application for a development proposal is determined by the Director to be actively continuing through the development process, a statement of available capacity shall remain valid until expiration of the development proposal approval.
(2) 
A statement of available capacity of educational facilities shall not affect the need for the applicant to meet all other requirements set forth in the Zoning Law, Subdivision Law,[1] or any other Town law.
[1]
Editor's Note: See Ch. 193, Subdivision of Land.
[Amended 12-1-2010 by L.L. No. 5-2010]
An applicant may appeal a final decision, made pursuant to the provisions of this article, by the Director, Planning Board, or Town Board, or may seek a variance from the provisions of this article, to the Zoning Board of Appeals, pursuant to § 229-163 of the Zoning Law and the Town Law of the State of New York, including instances where the strict application of the provisions of this article would result in an unlawful or unconstitutional prohibition on the use of an applicant's property.