5D.-CODE REVIEW UPDATES (full text)

Solar Energy Systems Chapter 95A 95A-AC: Utility-scale soar energy systems are only permitted in C-1, C-2, and C-3 zoning districts. 95A-5E: Utility-scale solar energy systems and all solar energy systems over 25 kw shall be subject to all provisions of this chapter and permitted only in the approved districts (C-1, C-2, and C-3) zoning districts. These systems shall require a special use permit, site plan approval from the Town Board and a building permit from the Town of Aurora Building Department. 95A-6C(5): The total surface area of a non-utility-scale said solar energy system on a lot situated in an Agriculture (A) and Commercial (Ci, C2, and C3) District shall not exceed 5% of the total square footage of the entire lot. 95A-6C(6): The total surface area of a utility-scale solar energy system on a lot which is greater than two acres situated in Commercial (C1, C2, and C3) District shall not exceed 10% of the total square footage of the entire lot. 95A-8B(2): As regulated for accessory structures in the Commercial (C1, C2, and C3) uses in Chapter 116 of the Town Code. Subdivision of Land and ODA Chapter 99 Add 99-6B: Prior to submittal of an application, a preliminary meeting with the developer, property owner, Town Supervisor, Superintendent of Highways, and Code Enforcement Officer is required to discuss the proposed subdivision. This meeting will review the basic site design concept and advise the developer as to potential problems or concerns and will assist the developer in determining the information required to begin the process. [move all subsequent sections down one] 99-31A(5): Front Yard Setback A. 200 feet from the boundary line parallel to the street right-of-way B. No accessory building/structure shall be erected in the front yard. Zoning Chapter 116 116-4 Building, Height of: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, shed, hip and gambrel roofs. Delete 116-8.5D(3) Delete 116-8.5E(3)

Alarm Systems Chapter 35 35-1 Title. This chapter of the Aurora Town Code shall be known as the “Town of Aurora Alarm Code.” 35-2 Purpose. The purpose of this chapter is to protect and promote the health, safety and general welfare of the residents of the Town of Aurora by reducing the number of false alarms, via proprietary alarm systems of fire, intrusion, holdup, emergency medical systems or other emergencies which contribute to ineffective utilization of police and fire and emergency response agencies. Such emergency responses are susceptible to high accident rates, interfere with genuine emergencies (responses) and produce unnecessary alarm noise to the surrounding community. 35-3 Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Alarm System: a device or an assembly of equipment which is designed to detect smoke, abnormal rise in temperature, fire, water flow, medical emergency or an entry into or exit from a building, structure or facility or a holdup alarm and, by reason thereof, emits an audible response intended to alert persons outside of the premises and/or transmit a signal or message to an emergency agency, either directly or through a private or commercial relay facility. Automatic dialer: a device that automatically dials and relays a prerecorded message to an emergency agency or to a commercial relay facility. Emergency Agency: The Police Department or Fire Department, Central Fire Alarm Office, Emergency Medical Services (EMS), or other emergency dispatch center. False Alarm: An activation of an alarm system where either an emergency situation does not exist or the activator does not have a reasonable basis to believe that an emergency situation does exist. 35-4 Existing alarm systems. The owners and lessees of premises having existing alarm system shall comply with §35-5 and §35-6 of this chapter within 90 days of the effective date described in §35-14. 35-5 Automatic cutoff system. A. No person shall install or maintain an external alarm system which does not contain an operationa! automatic cutoff system which turns off the external audible alarm once activated after a period not to exceed 10 minutes. B. An automatic dialer connected directly to an emergency agency shall automatically disconnect and/or terminate its message after the message has been transmitted a maximum of two times. Notwithstanding the foregoing, however, the total transmission time of all messages shall not exceed five minutes. 35-6 Direct communication to emergency agency. There shall be no automatic alarm system with direct communication to any type of an emergency agency without prior written authorization from the emergency agency where the alarm terminates.

to which an emergency agency 35-7 Charges for false alarms. An owner or lessee of real property e in each calendar year as responds as a result of a false alarm shall pay a fee for each such respons follows: A. Police Department response. 1. First false alarm response: no charge. 2. Second false alarm response: $50. 3. Third or more false alarm responses: $100 each. B. Fire Department response. 1. First false alarm response: no charge. 2. Second false alarm response: $50. 3. Third or more false alarm responses: $100 each. C. EMS response. 1. First false alarm response: no charge. 2. Second false alarm response: $50. 3. Third or more false alarm responses: $100 each. received an emergency 35-8 Notice of excessive use: The owner or lessee of real property which of first-class mail, of all false response by reason of a false alarm shall be notified, in writing, by means in a calendar year. The letter shall alarms, including police alarms, fire alarms, and/or EMS alarms, es provided to the address inform the owner or lessee of the times and types of emergency respons notify the owner or lessee of any location and, where applicable, contain a copy of the Alarm Code and charges due pursuant to §35-7 of this chapter. the Town of Aurora, or his designee, 35-9 Administrative review: The Chief of Police whose jurisdiction is designee, shall establish a policy and and/or the Code Enforcement Officer of the Town of Aurora, or his which an alarm system has been procedure whereby an owner of real property or lessee thereof on e as to why any such alarm installed and who has been notified of a false alarm may present evidenc designee, and/or the Code should not be classified as a false alarm. The Chief of Police, or his more members of their departments, which Enforcement Officer, or his designee, shall designate one or such evidence and make may include themselves, not to exceed three in total, to receive The Chief of Police, or his designee, recommendations and findings of fact concerning such classification. make the final determination concerning a and/or the Code Enforcement Officer, or his designee, shall t to procedures under Article 78 of classification, which determination shall be reviewable only pursuan cation of an alarm as a false alarm, the the New York Civil Practice Law and Rules. To challenge the classifi the Chief of Police and/or the Code real property owner or lessee thereof shall, in writing, notify alarm, which will be presumed to have Enforcement Officer within 10 days after receipt of notice of the chapter. The failure to give such timely been received three days after mailing pursuant to §35-8 of this determination. notice shall be deemed a waiver of the right to review any such paid to the Town Clerk of the Town of 35-10 Payment of charges. Charges for false alarms shall be mailing date of any notice provided Aurora at the Aurora Municipal Center, within 30 days of the pursuant to §35-8 of this chapter.

35-11 Failure to remit charges. Failure of areal property owner or lessee of property on which an alarm system is installed to pay any false alarm charges, as defined in §35-7 of this chapter, within 30 days of the mailing date of a notice of the amount due provided pursuant to §35-8 of this chapter shall be deemed a violation of this chapter and may result in said real property owner or lessee, as the case may be, being served with a summons. 35-12 Enforcement. The Chief of Police shall enforce this chapter for alarm systems which detect intrusions or holdup alarms at a building, structure or facility. The Code Enforcement Officer shall enforce this chapter for alarm systems which detect smoke, fire, water flow or abnormal rate of rise in temperature or emergency medical systems. If both Police Department and Fire Department alarms are activated, the Code Enforcement Officer will enforce this chapter. 35-13 Penalties for offenses. Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. 35-14 Effective date. This chapter shall become effective on the latter of the first day of March 1994 or its proper filing with the Secretary of State of New York in a manner consistent with §27 of the New York Municipal Home Rule Law. Site Plan Chapter 95 95-1 Intent: The intent of a 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, the Official Map, and Comprehensive Plan, if any, now or in the future. E. To protect the value of land throughout the Municipality, to encourage orderly and beneficial development upon the land, and to minimize misunderstanding in the interpretation of intended land uses set forth in current zoning restrictions. 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. 95-2 Applicability; exceptions.

as approved by the Town A. Allapplications for building permits shall be accompanied by a site plan Board and, if Board, based on the review and recommendations of the Town Planning Enforcement Officer and appropriate, the Town’s Engineer, Highway Superintendent and/or Code ), if any. upon the opinions and concerns brought up at a required public hearing(s permit to construct any B. Anapproved site plan need not accompany an application for a building of the following: structures. 1. Aone-family or two-family dwelling and its permitted accessory uses or structure or 2. Acommercial improvement, either in the form of an addition to an existing be less than 2,500 the construction of a new structure, which upon completion, will three-year square feet. Notwithstanding this exception, if an applicant, during any which, period, has engaged in a series of small improvements on his, her, or its property the in the opinion of the Code Enforcement Officer, are intended to circumvent his or her requirements for a site plan review, Code Enforcement Officer may, in in determining reasonable judgement view all of those improvements in the aggregate from the whether or not any such improvement or improvements would be excluded involved. requirement of a site plan because of the amount of improved square footage which 3. Improvements on agricultural properties or farms within the Town of Aurora or which are would either not otherwise be subject to the issuance of a building permit ments are located in the rear of existing improvements, provided that such improve located on a parcel of land of 10 acres or more. A. Construction for the purposes of accessibility. review will be required C. Notwithstanding any other provision contained in this §95-2, a site plan tely adjoins or is for any commercial improvement constructed on a property which immedia zoned residential by the directly across the street from or is within 500’ of a property which is Town 95-3 Review Procedures Code Enforcement A. Upon applying for a building permit which requires a site plan review, the be submitted to the Officer will advise the applicant of the specific materials which need to save the applicant Planning Board and/or Town Board for review. This step is designed to the basic site design from possible future delays. The Code Enforcement Officer will review and will assist the concept and advise the applicant as to potential problems and concerns ary site plan review. In applicant in determining the information needed to begin a prelimin of the proposed order to accomplish these objectives, the applicant shall provide sketches site in relation to development, together with an area map showing the location of the neighboring points of interest. (SEQR) officer will B. At this time, the Town’s designated state environmental quality review decide if an environmental review is necessary. Enforcement Officer, C. All materials needed for a site plan review will be filed with the Code ed by and obtained together with a completed site plan review application to be develop amount of which will be from the Code Enforcement Officer. A nonrefundable fee, the exact

established from time to time by resolution by the Town Board, shall be paid at that time to the Town Clerk. Thereafter, the Code Enforcement Officer will distribute the application to the Town Board for referral to the Planning Board, as well as to any other individuals, agencies or bodies that may be appropriate for their review, report and recommendation. 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. 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 site plan review. The Planning Board shall act on such an application and notify the Town Board an 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. 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 public hearing held by the Planning Board or the submission of a completed site plan review application to the Planning Board. 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. Within 45 days of receiving a recommendation from the Planning Board, and to further aid in determining public opinion and concerns, the Town Board shall schedule a public hearing. Within 45 days of, the public hearing, 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

criteria used by the for the applicant to understand the basis for such determination, the Twon Board and others in the determination of disapproval. package will be sent to K. Upon approval by the Town Board, a complete final site plan review be issued to the applicant if the Code Enforcement Officer after which a building permit will he, she, or it complies with all other applicable rules and regulations. or other individuals involved in L. All costs incurred by the Planning Board and/or Town Board ion with the review the site plan review for consultation fees or other expenses in connect discretion either procedure shall be charged to and paid by the applicant, in the Town’s before or after they are incurred. 95-4 Submission requirements. Board with a A. The site plan submittal checklist will assist in oroviding the Town’s Planning a final site plan to the basis for reaching a final decision regarding the recommendation of An applicant’s Town Board for approval, disapproval or approval with modifications. bear the official and proposed site plan and all supporting data will be submitted by and r or land surveyor. signature of a licensed architect, landscape architect, professional enginee to the extent deemed B. Sit plan components, as allowed or required by state law, which will, as part of an appropriate, be considered by the Town Board, Planning Board and others data, impact on the analysis of an applicant’s site plan will include the following: legal development, impact on environs, natural features, existing man-made features, proposed ter pollution stormwater pollution and other information or materials. If a stormwa chapter, such SWPPP prevention plan (SWPPP) is submitted pursuant to §95-4B(6) of this as part of an analysis of shall be considered by the Town Board, Planning Board and others approved unless they an applicant’s site plan, and the site plan and SWPPP shall not be Chapter 96, Stormwater comply with the performance and design criteria and standards in Management, of the Code. 1. Legal data and 4. The name, address, email and phone number of the applicant and authorization of the owner if different from the applicant; the name and the address of the owner(s) of record, if different from the applicant; preparin g the name, address, email and phone number of the person or firm site plan and any related maps or sketches. options, rights- b. Ownership intentions of the applicant others, such as future of-way etc. c. Current zoning classification of the property, including exact zoning boundary if in more than one district. including d. Property boundary lines plotted to scale by a licensed surveyor, distances, angles, North arrow, scale and date. and proposed e. The locations, widths, elevations, and names of existing adjacent streets.

A description of all existing deed restrictions or covenants applying to the property. 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: i. Adjacent and nearby land uses, both public and private. ii. Existing and proposed traffic patterns. iii. Existing and projected water supply, sewage disposal and similar service capabilities iv. The community’s ability to provide adequate recreation, education and fire protection. Visual compatibility with surroundings. e290 5 Effect on air and water quality standards applicable to commercial site plans. Effect on energy consumption and conservation. Whether the designated lead agency deems the proposal to be significant pursuant to the State Environmental Quality Review Act, in which event a draft environmental impact statement, followed by an environmental impact statement, will be required and reviewed. 3. Natural features: a. Geological features, such as depth to bedrock and the locations of rock outcrops. . 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. Soil characteristics, such as load-bearing capacity and drainage capacity. 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. The location, size and flow direction of sewers, water supply lines, and culverts; all utilities to be identified. 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. The location, size and design of all outdoor lighting facilities, public-address systems and outdoor signs, including those posted on buildings. f. Ageneral landscaping plan and planting schedule, including buffer zones and green space. g. Anestimated 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. Astormwater pollution prevention plan (SWPPP), if required for the the proposed development under Chapter 96, Stormwater Management, of Code. b. The recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to Chapter 96 of the Code. Board, 7. Other: any other information or materials with the Town Board, Planning deems Town’s Engineer, Highway Superintendent and/or Code Enforcement Officer plan review reasonably necessary and/or appropriate to complete a meaningful site project. in connection with the applicant’s proposed improvements or development ility of all or any portion of the 95-5 Waiver of review process. The Town Board may waive the applicab nes that such review is not in the site plan review process to a particular applicant or project if it determi to a particular site plan or project, interest of public health, safety or general welfare or is inappropriate be waived. except that the requirements of §95-4B(6) of this chapter shall not 95-6 Decision; notice and filing Code Enforcement A. Prior to reaching a final decision ona site plan review application, the County Department Officer shall, if required, mail notice of such proposed action to the Erie of Environment and Planning. filed in the office of the B. The decision of the Town Board on any site plan application shall be d and a copy mailed to the Town Clerk within five business days after such decision is rendere applicant. January 1999. 95-7 Effective date. This chapter shall take effect the 11" day of