[HISTORY: Adopted by the Town Board of the Town of Elma 3-16-1994. Amendments noted where applicable.]
Building construction — See Ch. 52.
Sewers — See Ch. 115.
Subdivision of land — See Ch. 123.
Zoning — See Ch. 144.
Editor's Note: Former Ch. 100, Open Space Development, adopted 9-5-1990 by L.L. No. 1-1990, was repealed 3-16-1994 by L.L. No. 1-1994.
The purpose of this chapter is to protect and promote the health, safety and general welfare of the residents of the Town of Elma by allowing the development of land which does not percolate as required by the provisions of the Erie County Sanitary Code and Health Department and the Town of Elma Code by controlling the number of septic systems or leech fields of sand filters allowed on the land by increasing the size of a lot and requiring sufficient space between the applicable system and the side yard to help prevent discharge on a neighboring property in the event of failure. The chapter will also allow further development of land on existing road frontage beyond the four splits allowed in the code, regardless of whether the land will percolate in accordance with the requirements contained in Chapter 123, Subdivision of Land.
This section may be read in conjunction with Town Law § 280-a and utilized in the discretion of the Town Board with respect to Town Law § 280-a development, but does not require minimum lot development of five-plus acres, and does not preclude consideration of different plans or sizes of lots pursuant to Town Law § 280-a; a development project will be considered and reviewed individually with respect to the health, safety and public welfare of the citizens of the Town.
Owners of real property desiring to sell or develop land which does not percolate in accordance with the code provisions and intend to and design a septic system in fill as defined by the Erie County Health Department may sell or develop a lot or lots of more than five acres, but shall first apply to the Building Inspector for approval. The Building Inspector shall refer the application, together with a survey of the lot or lots, to the Elma Planning Board.
The Planning Board shall examine the application and proposal, including access, drainage, size and related matters, and approve or disapprove said application. Any approval shall require that the tile field of the septic system shall not be less than 75 feet from any lot line. If approved, the Board shall direct the applicant to record in the Erie County Clerk's office the restriction below which is pertinent to the application before the Board.
The Planning Board shall recommend to the Town Board approval or disapproval of said lot or lots for the erection of one single-family dwelling or one two-family dwelling.
If the Town Board approves said application, no building permit shall be issued until the Building Inspector has received from the Town Attorney written verification that the restriction required in Subsection F below is contained in a duly recorded deed. If the Town Board disapproves the application, no residence may be erected on any lot so disapproved with a system in fill.
If transfers of real property involving a lot or lots of more than five acres each are recorded without the restriction required herein and the grantee applies for a building permit, the Building Inspector shall refer the application to the Planning Board to follow the procedure set forth in this section.
The restriction required herein is as follows:
One lot. The premises described herein shall contain only a one-family or two-family dwelling if permitted in the zone where such lot is located. No multiple dwellings shall be permitted on said premises. The restriction shall terminate when public sewers are available for said premises.
More than one lot. The respective lots contained within the premises described herein, each of more than five acres, shall contain only a one-family or two-family dwelling, if permitted. No multiple dwelling shall be allowed on any of said lots. This restriction shall terminate when public sewers are available for said premises.
Any development or split beyond the Town's four-split rule contained in § 144-131 and as further defined in § 144-2, "plot," shall be as permitted herein and as may be permitted in other provisions of this Code. Up to one lot may be transferred by deed in any year and thereafter developed on existing road frontage in any plot as defined by §§ 144-2 and 144-131 with a minimum lot area of two acres, with a minimum frontage of 150 feet, with a minimum depth of 350 feet and with a minimum of 25 feet side setback from the tile, leech field or other allowable system, except a system in fill, to the property line. All other requirements and provisions as to zoning or otherwise contained in the code shall apply. Upon meeting the requirements hereinabove and any other requirements necessary as detailed in the code, the Building Inspector shall issue a building permit.
If any section, clause or provision of this chapter or the application thereof to any persons is adjudged invalid, the adjudication shall not affect other sections, clauses or provisions or the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and, to this end, the various sections, clauses or provisions of this chapter are declared to be severable.