[Amended 12-1-2010 by L.L. No. 4-2010]
Pursuant to § 280-a of the Town Law, the Town Board authorizes the Planning Board, in order to maintain the rural character of the Town and to provide relief to landowners who wish to subdivide land that lacks adequate public road frontage for standard lot development or for more efficient utilization of rear yard space, may, by resolution, establish an open development area or areas within the Town. 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. 
The maximum number of lots in any open development area shall be four.
B. 
There shall be a minimum separation of 100 feet along the public road between the common driveway to an open development and any existing or proposed driveway and any public street or right-of-way. This condition will encourage efficient land use by eliminating exception lots and future frontage lots adjoining the open development.
C. 
The minimum lot size in an open development area shall be two acres each. No home may be built closer than 150 feet from a public road right-of-way and 45 feet from a private drive. The minimum width shall be 200 feet at the setback line. All other setback regulations and lot coverage requirements for the zoning district in which the open development area is located shall apply.
D. 
The common driveway for an open development area shall have a minimum right-of-way width of 36 feet. The paved surface shall consist of a minimum width of 20 feet of asphalt pavement with a turnaround provided. The required pavement cross section and turnaround shall comply with the Town of Clarence standard details for open development pavement.
E. 
The common driveways shall not be used for any more than four single-family lots unless adequate public road frontage exists to allow frontage lots that meet the dimensional requirements for open development area lots. The Planning Board may approve such frontage lots as long as the intent of this chapter and the character of the surrounding area is maintained, including a requirement that frontage lots be accessed via the common driveway approved for the open development area. Provisions of the New York State Real Property Law must be met.
[Amended 12-1-2010 by L.L. No. 4-2010]
F. 
Water supply.
(1) 
Domestic water. A minimum of a two-inch waterline, designed by a professional engineer, licensed in New York State, to provide adequate volume and pressure and approved by the Erie County Water Authority is required.
(2) 
Fire protection shall require an eight-inch waterline and hydrant be provided to service any principal use within an open development area located more than 600 feet from an existing fire hydrant. Such line shall be designed by a professional engineer, licensed in New York State, and must be approved by the Erie County Water Authority.[1]
[1]
Editor's Note: Former Subsection F(3), regarding a sprinkler system in lieu of extending a fire protection waterline, which immediately followed this subsection, was repealed 11-15-2006 by L.L. No. 5-2006.
G. 
An access and maintenance agreement for common infrastructure and utilities within any open development area, acceptable to the Planning Board, must be reviewed and approved by the Town Attorney prior to development plan approval.
[Amended 12-1-2010 by L.L. No. 4-2010]
H. 
No principal building within an open development area shall contain less than 2,000square feet of living area for a one-story structure and 2,500 square feet of living area for a two-story structure.
I. 
Only one single-family home per lot may be allowed in an open development area.
J. 
All other zoning requirements of the zone in which the open development area is approved shall be met.
K. 
Engineering drawings and specifications submitted to and approved by the Town Engineering Department presenting existing topography, proposed grades, pavement details, drainage plans with calculations, sanitary sewer service, waterline size and hydrant locations, signed and sealed by a New York State licensed engineer, are required.
L. 
Any open development area, if approved, shall expire two years from the date of development plan approval if major construction has not commenced. Major construction consists of infrastructure such as roads, waterlines, and other improvements.
M. 
The Erie County Health Department must approve the plans for wastewater management and the potable waterline prior to Planning Board approval for any open development area.
[Amended 12-1-2010 by L.L. No. 4-2010]
N. 
All recreation and open space fees apply in any open development area, including frontage lots approved as a part of the final design.
O. 
Any open development area application must be evaluated under the State Environmental Quality Review Act requirements.
P. 
All other applicable parts of this Subdivision Law and New York State Real Property Law shall apply.
Q. 
Clearly marked house numbers and street signs shall be placed at the developer's expense. A stop sign must be provided by the developer at the developer's expense on the common driveway at the intersection with any public road.