This chapter shall be known as "Subdivision of Land and Open
Development Area" within the Town of Aurora, County of Erie and State
of New York.
By authority of the resolution adopted by the Town Board on
the first day of March 1955, the Town Board of the Town of Aurora
is empowered and authorized to approve plats for land subdivision
within the Town outside the limits of the incorporated Village of
East Aurora. By the same authority, the Town Board does hereby exercise
the power and authority to pass and approve the development of plats
already filed in the office of the Clerk of Erie County, if such plats
are entirely or partially undeveloped.
These regulations are adopted for the following purposes:
A.
To protect and provide for the public health, safety and general
welfare of the Town.
B.
To guide the future growth and development of the municipality, in
accordance with the development plan of the Town.
C.
To protect the character of all parts of the Town, and to encourage
the orderly and beneficial development of its parts.
D.
To protect and conserve the value of land throughout the municipality
and the value of buildings and improvements upon the land, and to
minimize conflicts among the uses of land and buildings.
E.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewerage, parks, playgrounds,
recreation and other public requirements and facilities.
F.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the Town,
having particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location of streets.
G.
To establish reasonable standards of design and procedures for subdivisions
in order to further the orderly layout and use of land, and to ensure
proper legal descriptions and monumenting of subdivided land.
H.
To utilize public facilities, if available, for a proposed subdivision.
I.
To prevent the pollution of air, streams and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and management of natural resources throughout
the Town in order to preserve the integrity, stability and beauty
of the community.
J.
To preserve the natural beauty and topography of the Town, and to
ensure appropriate development with regard to these natural features.
K.
To provide for the preservation of open spaces through the most efficient design and layout of the land, including the use of cluster development, while preserving the density of land as established in Chapter 116, Zoning.
L.
To encourage all interested parties to participate in the planning
and approval process through public hearings.
As used in this chapter, the following terms shall have the
meanings indicated:
The owner of land proposed to be subdivided or developed,
or any other party in interest who shall submit the written consent
of the owner.
A use which requires compliance with the open development
area provisions.
The duly established Town Board of the Town of Aurora.
The Aurora Open Space Plan in conjunction with the Codes
of the Town of Aurora and any Comprehensive Plan adopted by the Town
Board.
Any project that may include but is not limited to:
On an open development lot, erection of a dwelling or principal
building of any size; erection of an accessory building 400 square
feet or greater or an accessory structure 400 square feet or greater.
The survey or plot plan, drawn to scale, showing the layout
of an ODA parcel with sufficient detail of the acreage, measurements,
and existing and proposed development.
A nonpossessory interest to use real property in possession
of another person for a stated purpose.
The duly designated engineer of the Town of Aurora.
The final maps, drawings and charts on which the subdivider's
plan of subdivision, containing all information or detail required
by law and by these regulations, is presented to the Town Board for
approval and which, if approved, will be submitted to the Erie County
Clerk for filing or recording.
The full length of a plot of land measured alongside the
public road on to which the plot fronts or abuts.
A legally described parcel of land conforming to Town zoning
codes at the date of adoption of said codes.
The map which may be established by the Town Board under
the Town Law, showing streets, highways and parks and drainage therefor
laid out, adopted and established by law, and any amendments thereto
adopted by the Town Board or additions thereto resulting from the
approval of subdivision plats by the Town Board and the subsequent
filing of such approved plats.
A parcel of land which does not have required immediate frontage
on an existing state, county or Town highway or a street shown upon
a plat approved by the Town as provided in § 277 of the
Town Law shall require open development area approval as provided
herein.
SINGLE-LOT ODAOne lot lacking adequate road frontage. Additional development on a shared driveway or right-of-way will initiate a multiple-lot ODA review and approval.
MULTIPLE-LOT ODAMore than one lot, but no more than three lots, lacking adequate road frontage, developed along a private driveway or right-of-way on lots of record existing as of the date of adoption of this amended code.
The Planning Board of the Town of Aurora, Erie County, New
York.
The maps, drawings and charts showing the layout of a proposed
subdivision, submitted to the Town Board for approval prior to submission
of the plat in final form and of sufficient detail to apprise the
Town and Planning Boards of the layout and improvements of such proposed
subdivision.
The preliminary drawings indicating the proposed layout of
the subdivision, to be submitted to the Town Board for its consideration.
A vehicular way which is one of the following: an existing
Town, village, county or state highway or road; a public road shown
on a filed subdivision plat; or a road shown on the Official Map of
the Town.
The division or re-division of any parcel of land during
any consecutive three-year period, commencing on the initial effective
date of this chapter, as amended, into five or more lots, plots, sites
or other divisions of land which are, except as hereinafter provided,
less than five acres in size for immediate or future sale or for building
development, with or without the creation of one or more new streets.
Lots, plots, sites or other divisions of land which are five acres
or more in size shall not be considered in determining whether or
not a parcel of land has been divided as a subdivision, provided that
any such lot has a minimum frontage on a public roadway or highway
of at least 200 linear feet.
Chapter 116, Zoning, of the Town Code.
