[HISTORY: Adopted by the Town Board of the
Town of Holland 11-10-1993 by L.L. No. 5-1993. Amendments noted where
applicable.]
[Amended 7-9-1997 by L.L. No. 4-1997]
The erection of any building or improvement
which does not have immediate frontage on an existing state, County
or Town highway or a street shown upon a plat approved by the Town
as provided in §§ 276 and 277 of the Town Law shall
require an open development area permit as provided herein.
[Added 7-9-1997 by L.L. No. 4-1997[1]]
A.
Application procedure. The applicant shall file a
development plan for the approval of an open development area, which
shall include:
(1)
Description of all land which the applicant proposes
to develop as well as all lands owned by the applicant adjacent to
the area proposed and a copy of the recorded Deed of the applicant
describing the subject premises.
(2)
The location of property with respect to surrounding
property and streets.
(3)
The location and approximate dimensions of all existing
property lines.
(4)
All pertinent features, such as existing structures,
streets and other information that may influence the design of the
plan.
(5)
The location, width and approximate grade of all proposed
access roadways.
(6)
The approximate location, dimensions and area of all
proposed or existing lots.
(7)
The names of all property owners or record adjacent
to and abutting the proposed open development area.
(8)
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, and the name of the land surveyor.
(9)
The acreage of the tract to be developed to the nearest
1/10 of an acre.
(10)
Any other appropriate information.
(11)
Specifications for a private right-of-way and a plan
for maintenance.
(12)
Fee payable to the Town Clerk, as determined by the
Town Board, for each proposed lot within the open development area.
B.
Health approval. The application must contain an endorsement
by the State and/or County Health Department indicating compliance
with the standards of the applicable sanitary code, Public Health
Law or the applicable health codes. In the event that the proposed
open development area does not require approval of the State and/or
County Health Departments, a statement to this effect must be submitted
with the application and verified by the State and/or County Health
Department.
D.
Development plan. Plans submitted to the Town Board
shall be prepared in appropriate scale and shall show all lots, rights-of-way,
drainage plans, public utilities and any other information deemed
appropriate and required by the Town.
E.
Submission date. The date of submission shall be the
date of the next general meeting of the Town Board after receipt of
the same by the Town Clerk.
[1]
Editor's Note: This local law also repealed
former § 77-2, Submission of preliminary open development
area plan.
[Added 7-9-1997 by L.L. No. 4-1997[1]]
A.
Referral. The Town Board shall refer the open development plan to the Town Engineer, Building Safety Inspector/Zoning Enforcement Officer, Town Attorney and the Planning Board for their review, advice and recommendations, including all the terms and provisions of § 77-2 of this chapter.
[Amended 6-9-2004 by L.L. No. 2-2004]
B.
Planning Board meeting. The applicant shall be prepared
to attend the next regular meeting of the Planning Board after the
official submission date 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 ground 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 may 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. If any zoning changes are to be
requested at the time of the approval of the open development area
plan, a public hearing must be held thereon. The two public hearings
may be held at the same time.
E.
Public hearing. The Town Board may within 62 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.
The Town Board may require additional information prior to acting
on the plan. The approval of such development plan may include additional
requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: This local law also repealed
former § 77-3, Submission of final open development area
plan.
A.
Improvements and performance bond. Prior to any action
by the Town Board approving an open development area plan, the applicant
may be required to complete, in accordance with the Town Board's decision
and to the satisfaction of the appropriate Town department, all the
street, sanitary and other improvements specified in the action approving
said plan or, as an alternative, to file with the Town Board a performance
bond in an amount estimated by the Town Engineer to secure to the
Town the satisfactory construction and installation of the incomplete
portion of the required improvements. Such amount shall equal an estimated
100% of the cost of such improvements. A period of one year or such
other period as the Town Board may determine appropriate within which
required improvements must be completed shall be specified by the
Town Board and expressed in the bond. All required improvements shall
be made by the applicant at his expense without reimbursement by the
Town or any district thereof. Said improvements include the following:
B.
Inspection of improvements. The Town Engineer shall
act as agent for the Town and Planning Boards for the purpose of assuring
the satisfactory completion of improvements as required by the Town
Board and shall determine an amount 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 the bonding
company will be severally and jointly liable for the costs of completing
said improvements according to specifications.
[Amended 7-9-1997 by L.L. No. 4-1997]
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:
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"Approved by resolution of the Town Board of
the Town of Holland, 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 __________." (and 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, the Town Building Safety Inspector/Zoning
Enforcement Officer, and the Highway Superintendent.)
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Upon posting of the performance bond in accordance
with this chapter and after approval and filing of the open development
area plan as required, the developer may initiate land sales or construction
of the open development area itself.
The Town Board, in considering an application
for an open development area plan, shall be guided by the following
considerations and standards:
A.
General.
(1)
Character of land. Land to be developed shall 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.
(2)
Conformity to Official Map and Comprehensive Plan.
The open development area shall conform to the streets and parks shown
on the Official Map as may be adopted and shall be properly related
to the Comprehensive Plan as it is developed and adopted by the Planning
Board.
B.
Design standards.
(1)
Access roadways.
(a)
Access roadways shall be designed either with a cul-de-sac
or circular way to preclude any use other than access to or exit from
property in the development.
(b)
All right-of-way street widths shall be measured at
right angles or radial to the center line of the street and shall
not be less than a fifty-foot right-of-way with a gravel surface not
less than 20 feet.
(c)
All right-of-way street widths and street pavements
shall be measured at right angles or radial to the center line of
the street.
(d)
The specifications for the construction and maintenance
of the right-of-way shall be established by the Town Engineer and
must be submitted with the preliminary development area plan for recommendation
by the Planning Board and Town Engineer and final approval by the
Town Board. If the enforcement of the provisions of this section would
entail practical difficulty or unnecessary hardship, or where the
circumstances of a case do not require the structure to be related
to existing or proposed streets or highways, the Board may make any
reasonable exception and issue the permit subject to conditions that
will protect any further street or highway layout.
The Town Board may modify the specification
requirements in any open development area plan where, in the Board's
judgment, such modification is in the public interest or will avoid
the imposition of unnecessary individual hardship as stipulated in
this chapter.
The developer, before the approval of the open
development area plan, shall complete improvements to the satisfaction
of the Town Engineer or post a performance bond sufficient to insure
the satisfactory completion of the following required improvements,
except where waivers may be required, and the Town Board may waiver,
subject to appropriate conditions, such improvements as it considers
are not requisite in the interest of public health, safety and general
welfare:
A.
Where the Town Board finds that extraordinary and
unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public interest secured, provided that such variances
will not have the effect of nullifying the intent and purpose of this
open development area plan.
B.
Where the Town Board finds that due to special circumstances
of a particular plan the provisions of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities and adjacent to or in proximity to the proposed
plan, it may waive such requirements subject to appropriate conditions.
C.
In granting variances and modifications, the Town
Board shall require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.
[Added 7-9-1997 by L.L. No. 4-1997]
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:
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"This conveyance is made and accepted subject
to the open development area plan approved by the Town Board of the
Town of Holland on the _____ day of _________, 20__."
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