A.
To insure access for fire and emergency vehicles.
B.
To provide standards to landowners who wish to develop or subdivide
land that lacks required public road frontage for standard lot development,
the Town Board may, by resolution, establish open development area
guidelines within the Town pursuant to New York State Town Law § 280-a.
An open development area is not an as-of-right use and must be designed
to maintain the rural character of the Town as well as to meet the
conditions as herein established.
A.
Application procedure. The applicant shall file with the Town Clerk's
office the following documents:
(1)
A current property survey of the open development area. The survey
shall be prepared in accordance with the most current minimum standard
detail requirements for ALTA/ACSM land title surveys as adopted by
American Land Title Association and National Society of Professional
Surveyors.
(2)
A copy of the recorded deed describing the subject premises.
(3)
A minimum of 20 copies of a development plan (minimum of 10 copies
for a one-lot application), at a scale of not less than one inch equals
20 feet, that, at a minimum, shall include:
(a)
The name and address of the owner(s) of the land to be developed;
the name and address of the developer(s), if other than the owner.
(b)
All pertinent features, such as existing structures, streets,
USGA topography and other information that may influence the design
of the plan.
(c)
The location, width and approximate grade of all proposed access
roadways.
(d)
The location, dimensions and area of all proposed or existing
lots, drainage plans, public utilities and sewage disposal.
(e)
The names of all property owners of record within a 500-foot
radius of all property lines of the proposed open development area.
(f)
The acreage of the tract to be developed to the nearest 1/10
of an acre.
(g)
The 500- and 100-year floodplains, as appropriate.
(h)
National Wetland Inventory and New York State Department of
Environmental Conservation mapped wetlands.
(i)
The location and approximate watershed size of all drainageways.
(j)
Any other information deemed appropriate or requested by the
Town Board and/or Planning Board.
(5)
A statement as to the proposed water supply and similar utilities
service capabilities.
(6)
Fee payable to the Town of Aurora, as determined by a sum established
in the Town Standard Schedule of for each proposed lot within the
open development area.
B.
New York State Environmental Quality Review Act. All requirements
of the State Environmental Quality Review Act shall be complied with
prior to consideration by the Town Board.
A.
Referral.
(1)
Single-lot ODA.
(a)
Upon receipt and preliminary review of the open development plan containing applications, supporting documents and receipt of fee payment, the Town Clerk shall refer the open development plan to the Town Engineer, Code Enforcement Officer and Town Attorney for review, advice and recommendations, including all the terms and provisions of § 99-29 of this chapter.
(b)
The Town Engineer, Code Enforcement Officer and Town Attorney
shall, review said application and supporting documents and:
[1]
Refer said application back to the Town Clerk with comments
and recommendations.
(d)
After initial review, the Town Board shall send the single-lot
ODA to the Planning Board for review and recommendation(s).
(2)
Multiple-lot ODA. - (for lots of record existing as of the date of
adoption of this amended code).
(a)
Upon receipt and preliminary review of the open development plan containing applications, supporting documents and receipt of fee payment, the Town Clerk shall refer the open development plan to the Town Engineer, Code Enforcement Officer and Town Attorney for review, advice and recommendations, including all the terms and provisions of § 99-29 of this chapter.
(b)
The Town Engineer, Code Enforcement Officer, and Town Attorney
shall, review said application and supporting documents and refer
said application back to the Town Clerk with comments and recommendations.
(d)
The Town Board shall send all multiple-lot ODA applications
to the Planning Board for review and recommendation(s).
(3)
A copy of the application and attachments will be forwarded to the
Erie County Department of Environment and Planning for review.
B.
Planning Board meeting. The applicant shall be prepared to attend
the next regular meeting of the Planning Board after the official
submission date of the completed application and attachments and any
subsequent meetings deemed necessary by the Planning Board to discuss
the preliminary open development area plan.
C.
Planning Board action. Within 45 days after submission to the Planning
Board, said Planning Board shall take action to recommend to the Town
Board a conditional approval, with or without modification, or disapproval
of such open development plan, with the grounds for disapproval stated
upon the records of the Planning Board. Failure of the Planning Board
to act within such forty-five-day period shall constitute a "no recommendation"
of the plan.
D.
Town Board action. Before the Town Board acts on the plan, it shall
schedule a public hearing to be determined at the first meeting subsequent
to receiving the recommendation of the Planning Board. Upon mutual
consent of both the Town Board and the applicant, the public hearing
may be delayed.
E.
Public hearing. The Town Clerk shall have notice of public hearing
published in the official newspaper of the Town. The notice shall
be mailed to all property owners within a 500-foot radius of all property
lines. The public hearing shall be held at a regular meeting of the
Town Board.
F.
The Town Board shall, within 45 days from the date of the public
hearing, approve, modify or disapprove such plan. The grounds for
such action shall be stated in the minutes of the Town Board. The
Town Board may require additional information prior to acting on the
plan. The approval of such development plan may include additional
requirements.
G.
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
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.
A.
The creation of an open development area will not create a nonconforming
lot. The following requirements will be a minimum:
(1)
Minimum lot size will be three acres exclusive of the "flagpole"
portion of the property.
(2)
The flagpole portion of the lot must have a minimum of 75 feet of
frontage on an existing state, county, or Town road and maintain a
minimum 75 feet wide right of way retained by the property owner.
(3)
All access roadways will be located on a private right-of-way at
least 75 feet wide.
(4)
All access roadways will be a minimum of 20 feet wide from the street
right-of-way to the residence, with required apron at the street,
and constructed of gravel, asphalt or other hard surface. In all cases,
access roadways will be sufficient to support the weight of fire apparatus
and safety vehicles. Such design will be approved and inspected by
the Town Engineer.
(a)
At every increment of 150 feet of access roadway length, there
will be an additional vehicle pass-by bump-out measuring a minimum
six feet wide and 25 feet long.
(b)
At a point between the interior termination of the 75 feet wide
private right-of-way and the residence, a fire apparatus hammerhead,
"Y," or cul-de-sac turnaround must be created as approved by the Building
Inspector.
(c)
Access roadways will not exceed 10% in grade.
(d)
The minimum turning radius in an access roadway will be 28 feet.
(5)
Front yard setback: 200 feet from the boundary line parallel to the
street right-of-way.
(6)
Side yard setback: 50 feet.
(7)
Rear yard setback: 50 feet.
(8)
Minimum lot width: 200 feet for boundary line parallel to the street
right-of-way.
(9)
Minimum distance between ingress/egress right of ways: 100 feet.
(10)
The flagpole portion of the open development area shall not
be an easement, but shall be owned in fee title by the owner of the
open development area.
(a)
The flagpole portion of ODA lots in existence as of the date
of adoption of this amended code must have benefit of an existing
easement on an existing road if not owned in fee.
(11)
Other conditions that the Town Board in its sole discretion
determines to be appropriate for the specific development.
The Code Enforcement Officer and/or the Town Engineer shall
act as agent for the Town Board and Planning Board for the purpose
of overseeing the satisfactory completion of improvements as required
by the Town Board and shall determine an amount, if any, to defray
costs of inspection. The applicant shall pay the Town the costs of
inspection before the open development area plan is signed for filing.
This cost shall be in addition to the fees required. If the Town Board
or its agent finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the Town Board recommendations
or the approved construction detail sheet, the applicant and/or property
owner will be liable for the costs of completing said improvements
according to specifications.
A.
Upon completion of all requirements set forth in the action approving
the open development area plan and the approval by the Town Board,
the plan shall have the certification of the Town Clerk as follows:
"Approved by resolution of the Town Board of the Town of Aurora,
New York, on the _____ day of __________, 20 _____, subject to all
requirements and conditions of said attached resolution. Any change,
erasure, modification or revision of this plan, as approved, shall
void this approval. Signed this _____ day of __________, 20 _____,
by __________."
B.
With notation to that effect upon said plan, it shall be deemed to
have final approval and shall be properly signed by the appropriate
officer of the Town Board and shall be filed in the office of the
Town Clerk and the Town Building Department.
The Town Board, in considering an application for an open development
area plan, shall be guided by the following considerations and standards:
A.
General.
(2)
Character of land. Land to be developed will be of such character
that it can be used safely for building purposes without danger to
health or peril from fire, flood or other menace.
(3)
Conformity to Official Map and Zoning Code regulations. Except as
otherwise specifically addressed in this Chapter the ODA shall specifically
conform to the Official Map and Zoning Code as adopted by the Town
Board.
B.
State Environmental Quality Review Act requirements.
All deeds and easements of all or part of the real property
subject to the requirements and conditions of the open development
law approved herein shall contain the following provision: "This conveyance
is made and accepted subject to the open development area plan approved
by the Town Board of the Town of Aurora on the _____ day of __________,
20 _____."
