[Added 6-27-2007 by L.L. No. 3-2007]
In accordance with the recommendations and policies
of the Town's master plan, the purpose and intent of the Adequate
Educational Facilities Overlay are to:
A.
Ensure that educational facilities needed to support
new residential development do not fall permanently below the level
of service guidelines established herein.
B.
Ensure that the school district, through cooperation
with the Town, as provided herein, maintains a realistic capital improvements
program (CIP) to accommodate reasonable growth and development based
on its ability to provide adequate educational facilities to new development.
C.
Ensure that adequate educational facilities needed
to support new development are available as new development occurs.
D.
Establish uniform procedures for the review of AEF
assessments subject to the standards and requirements of this article.
E.
Encourage residential development in areas where educational
facilities exist or are planned in the CIP of the school district.
F.
Ensure that all applicable legal standards and criteria
are incorporated in these procedures and requirements.
G.
Ensure that development proposals will not adversely
affect the public health, safety, and welfare of existing and future
residents of the Town.
The Adequate Educational Facilities Overlay
District represents all that area situated within the Town of Clarence
that also is within the boundaries of the Clarence Central School
District, as shown on the Adequate Educational Facilities Overlay
District Map, as adopted and on file with the Department of Community
Development.
A.
Permitted uses. The uses permitted in the Adequate
Educational Facilities Overlay District shall be the same uses as
are permitted in the underlying zoning districts.
B.
Accessory uses. The accessory uses permitted in the
Adequate Educational Facilities Overlay District shall be the same
accessory uses as are permitted in the underlying zoning districts.
The division of lands, regardless of the zoning
classification, shall be subject to Town Subdivision Law.[1] In addition, the regulations and requirements of this
article shall apply to all divisions of land within this overlay district,
as provided herein.
Unless specifically addressed in this article,
all other underlying zoning district regulations shall apply.
A.
Generally. Except as provided in Subsection B of this section, within the AEF Overlay District, a statement of available capacity, and/or an approved mitigation plan, which demonstrates available capacity, is required as a condition of final approval of any development proposal.
B.
Exemptions. For a development proposal, or portion
thereof, that consists of age-restricted or senior citizen housing,
no AEF determination shall be required where the applicant demonstrates
that all age-restricted or senior citizen housing units are subject
to a recorded deed restriction prohibiting school-aged children from
residing in the proposed dwelling units.
A.
When required. Subject to applicable Zoning Law requirements,
a complete AEF assessment must be submitted in conjunction with any
development proposal application. No development proposal shall be
referred by the Town to the Planning Board for review and comment
unless an AEF determination has been made by the Director. No development
plan shall receive final approval by the body with final approval
authority, either the Town Board or Planning Board, unless a statement
of available capacity has been issued.
[Amended 12-1-2010 by L.L. No. 5-2010]
B.
Requirements for AEF assessment.
(1)
Presubmittal meeting required. Prior to submission
of an AEF assessment, the applicant must meet with the Director to
confirm the scope and applicability of this article, to identify potential
Educational Facility deficiencies, and to ensure compliance the AEF
assessment requirements. The Director may request the school district's
representative to attend.
(2)
General AEF assessment requirements. The AEF
assessment shall include:
(a)
Description of the development proposal, including
the type and amount of each proposed land use, including number of
proposed new residential units.
(b)
A phasing schedule for any residential development
of 25 or more new dwelling units.
(c)
If applicable, a mitigation plan.
(d)
Other information required by the Director or
the school district to evaluate the AEF assessment and to make an
AEF determination pursuant to this article.
(3)
Completeness review. Within 15 days of receipt,
the Director shall determine whether the AEF assessment is complete
and complies with the submission requirements set forth in this section.
If the AEF assessment is complete and the submission requirements
have been met, the Director will undertake review of the AEF assessment
as provided herein.
C.
AEF determination by Director.
(1)
Within 30 days of making a completeness determination,
or of receiving a revised application or mitigation plan, after consultation
with the school district, the Director will make an AEF determination,
by issuing either a statement of available capacity or a statement
of no available capacity, consistent with the requirements and methodology
set forth below.
(a)
By school level. AEF determinations will be
based on the capacity of the attendance zone for each school at each
school level in which a development proposal is located.
(b)
Capacity. AEF determinations will consider the
capacity of existing educational facilities as well as those included
in the CIP, which are anticipated to be constructed and available
within two years of the Town's final approval of the development proposal,
including any advanced facilities to be provided pursuant to a mitigation
plan.
(c)
Demand. AEF determinations will consider the
demands on educational facilities created by existing development;
developments that have an unexpired AEF allocation; approved, yet
unbuilt, developments which will impact educational facilities; and
other factors which will affect the capacity of educational facilities.
(d)
AEF schedule. The Director will maintain a schedule
setting forth the existing and projected capacity of the schools within
the AEF Overlay District.
(e)
Methodology. The Director will issue either
a statement of available capacity or a statement of no available capacity,
based on the following:
[1]
If the Director determines that
there is not available capacity at each school level for each school
that will serve the development proposal, the Director will:
[a]
Issue a statement of no available
capacity;
[b]
Identify the month and year in
which the school district's CIP indicates that available capacity
will exist;
[c]
Identify what steps if any the
applicant may take voluntarily to advance the provision of school
facilities so as to qualify for a statement of available capacity
by the district; and
[d]
Identify any other factor or information
the Director determines is relevant to the AEF determination and the
Town's action on the development proposal.
[2]
If there is available capacity
at each school level for each school that will serve the development
proposal, the Director will:
(f)
If, based on the methodology set forth above,
the Director determines that available capacity exists for each elementary,
middle, and high school Educational Facility that will serve the development
proposal, or that a proffered mitigation plan will ensure available
capacity, the Director will issue a statement of available capacity
and will make an AEF allocation.
(g)
If, based on the methodology set forth above,
the Director determines that available capacity does not exist and
no acceptable mitigation plan has been proffered which would ensure
available capacity, the Director will issue a statement of no available
capacity and no AEF allocation will be made.
(2)
Once the Director has made an AEF determination,
the Director will transmit the AEF determination with the development
proposal application to the Town Board for referral to the Planning
Board, in accordance with Town Zoning and Subdivision Laws.
(3)
If a statement of available capacity is based
on an advanced facility, approval of the development proposal must
be conditioned on the timely completion of the advanced facility and
approval by the Town and the school district of a mitigation plan.
[Amended 12-1-2010 by L.L. No. 5-2010]
D.
Statement of no available capacity and mitigation
plans.
(1)
A statement of no available capacity by the
Director will indicate the month and year in which the CIP of the
school district indicates available capacity will exist, based on
adopted level of service standards, projected enrollments, and other
factors related to educational facilities capacity.
(2)
Prior to or upon a statement of no available
capacity, the applicant may:
(a)
Submit a development proposal that has a reduced
amount of development for which available capacity exists;
(b)
Submit a phased development proposal, which
must be approved by the Planning Board, and which includes the following:
[1]
A proposed phasing schedule setting
forth the amount, location, and timing of development associated with
each proposed phase;
[2]
A demonstration that available
capacity will be available to serve each phase of development, as
provided herein;
[3]
Where advanced facilities are proposed,
the location and timing of the proposed facilities; and
[4]
Other relevant information as identified
by the school district or the Director needed to demonstrate available
capacity.
(c)
Submit a mitigation plan, which will be approved
only pursuant to a valid development agreement between the applicant,
the Town, and the school district, which proposes the provision of
advanced facilities. Mitigation plans must fund or result in the construction
of educational facilities anticipated to be available within two years
of the final approval of the Town of the development proposal and
must include the following, as applicable:
[Amended 12-1-2010 by L.L. No. 5-2010]
[1]
If the applicant is constructing
or dedicating educational facilities, an estimate of the incremental
cost of providing the advanced facilities and a schedule for commencement
and completion of the advanced facilities.
[2]
If the applicant is providing advanced
funding for planned educational facilities, the amount, nature, and
timing of said funding.
[3]
A proposed development agreement,
between the applicant, the Town, and the school district, committing
the applicant to the timely and adequate provision of advanced facilities
as described in the approved mitigation plan.
[4]
Other provisions determined by
the parties to be necessary to ensure timely available capacity.
E.
Action by Planning Board and Town Board.
(1)
The Director's AEF determination will be forwarded
with the development proposal application to the Town Board for referral
to the Planning Board for review and comment, as otherwise provided
by Town law.
F.
Limitation on development deferrals.
(1)
Except as provided in Subsection F(2), below, any deferral of development resulting from a statement of no available capacity shall expire in the month and year when available capacity is projected to exist, based on the CIP and adopted level of service standard.
(2)
However, in no event shall a deferral of development,
based on a statement of no available capacity, exceed two years from
the date of issuance of a statement of no available capacity.
G.
Duration and effect of a statement of available capacity.
(1)
A statement of available capacity and an AEF
allocation shall be deemed to indicate that:
(a)
Available capacity exists at the time of the
AEF determination; and
(b)
Provided that an application for a development
proposal is determined by the Director to be actively continuing through
the development process, a statement of available capacity shall remain
valid until expiration of the development proposal approval.
[Amended 12-1-2010 by L.L. No. 5-2010]
An applicant may appeal a final decision, made pursuant to the provisions of this article, by the Director, Planning Board, or Town Board, or may seek a variance from the provisions of this article, to the Zoning Board of Appeals, pursuant to § 229-163 of the Zoning Law and the Town Law of the State of New York, including instances where the strict application of the provisions of this article would result in an unlawful or unconstitutional prohibition on the use of an applicant's property.
