Village of Spencerport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 11-4-1986 by L.L. No. 3-1986 (Ch. 107 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 125.
Land development — See Ch. 184.
Zoning — See Ch. 340.

§ 263-1 Authority; purpose.

A. 
By grant of the Village Board pursuant to § 7-725-a of the Village Law, the power to review and approve, approve with modifications or disapprove site plans is vested in the Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The purpose of site plan approval is to determine compliance with this chapter in those zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning districts by creating unsafe, unhealthful, unsightly or otherwise unsuitable conditions and thereby adversely affect the public health, safety, comfort, convenience and general welfare.

§ 263-2 Compliance required; exemptions.

Prior to issuing a building permit for the construction of a building or for the alteration of a building if the area of any floor would be increased 25% thereby and prior to the issuance of a certificate of occupancy for a change of use or occupancy of land or a building such that the off-street parking facilities required for that parcel would be changed, the Building Inspector shall refer the site plans of the lot to the Planning Board for its review and approval. Site preparation or the commencement of construction prior to the termination of proceedings under this chapter is prohibited. The construction or alteration of a one- or two-family dwelling is hereby exempted from this chapter, and, except for a one- or two-family dwelling, no building permit or certificate of occupancy shall be issued except in compliance with the standards and procedures set forth in this chapter.

§ 263-3 Preliminary application.

A. 
Any preliminary application for site plan approval shall be made in writing to the Building Inspector and shall be accompanied by the following information prepared by a licensed engineer, architect, landscape architect or surveyor, drawn to a scale of not greater than one inch equals 20 feet nor smaller than one inch equals 100 feet, submitted on a sheet 20 inches by 20 inches:
(1) 
One area map shall be provided showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2) 
One topographic map, showing the existing and proposed topography with contour intervals of not more than five feet of elevation, shall be provided.
(3) 
Eight copies of a preliminary site plan shall be provided, which shall include the following information:
(a) 
The title of the drawing, including the name and address of the applicant.
(b) 
The North point, scale and date.
(c) 
The boundaries of the property plotted to scale.
(d) 
The existing watercourses.
(e) 
A site plan showing the location, proposed use and height of all buildings; the location of all parking and truck loading areas, with access and egress drives thereto; the location of outdoor storage, if any; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; a description of the method of sewage disposal and the location of such facilities; the location and size of all signs; the location and proposed development of buffer areas; the location and design of lighting facilities; and the amount of the building area proposed for retail sales, if any.
(4) 
A tracing overlay shall be provided showing all soil areas and their classifications and those areas, if any, with a moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
B. 
The Planning Board may, in its discretion, request any other information deemed by it to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.
C. 
The Planning Board may, in its discretion, waive such of the foregoing as may not be necessary for proper review of the application.

§ 263-4 Planning Board review.

A. 
The Planning Board's review of a preliminary site plan shall include but is not limited to the following considerations:
(1) 
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2) 
The adequacy and arrangement of pedestrian traffic access and circulation, including the separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(3) 
The location, arrangement, appearance and sufficiency of off-street parking and loading areas.
(4) 
The location, arrangement, size and design of buildings, lighting and signs.
(5) 
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining lands.
(6) 
In the case of an apartment house, townhouse or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(7) 
The adequacy of stormwater and sanitary waste disposal facilities.
(8) 
The adequacy of structures, roadways and landscaping in areas with a moderate to high susceptibility to flooding and ponding and/or erosion.
(9) 
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
B. 
In its review, the Planning Board may consult with the Village Engineer and other Village, town and county officials, as well as with representatives of federal and state agencies, including the Natural Resources Conservation Service and the New York State Department of Conservation. The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans.
C. 
When reviewing a site plan because of a change in the use or occupancy of land, a building or any portion thereof, the Planning Board shall consider the impact of the proposed change upon other uses within the same building or parcel. To the extent practicable, the Planning Board may require such modification thereto as will promote the most efficient use of land consonant with compliance with the provisions of this chapter. In no event shall the Planning Board waive the direct application of a Code provision to the changed use or occupancy under review.

§ 263-5 Additional requirements.

The Planning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.

§ 263-6 Action on preliminary application.

A. 
Within 90 days of receipt of the application for preliminary site plan approval, the Planning Board shall act on it. If no decision is made within said ninety-day period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
B. 
The Planning Board may recommend in its statement desirable revisions to be incorporated in the final site plan, conformance with which shall be a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons therefor. The Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
C. 
No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of Chapter 340, Zoning, and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.

§ 263-7 Final application.

A. 
After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval, except that if more than six months has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B. 
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

§ 263-8 Action on final application. [1]

Within 62 days of the receipt of the application for final site plan approval, the Planning Board shall render a decision to Building Inspector.
A. 
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector, who shall then issue or cause to be issued a building permit to the applicant if the project conforms to all other applicable requirements.
B. 
Upon disapproving an application, the Planning Board shall so inform the Building Inspector, and he shall deny or cause to be denied a building permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 263-9 Expiration of approval.

Such site plan approval will automatically terminate one year after the same is granted unless significant work has been commenced on the project. It may be terminated for cause at any time after 10 days' written notice to the applicant.

§ 263-10 Planning Board; creation; appointment; alternate members.

[Added 10-6-1999 by L.L. No. 9-1999]
A. 
Pursuant to § 7-718 of the Village Law, the Planning Board of the Village of Spencerport shall consist of five members appointed in such a manner and for such terms as provided in the Village Law. For the purpose of initiating a Planning Board under this chapter, the normal continuance of the existing Planning Board is established.
B. 
Alternate members. There shall be two alternate members of the Planning Board who may serve when a regular member is unable to participate because of a conflict of interest or absence. Whenever possible, alternate members shall rotate their service, but the Chairman of the Planning Board shall have the final power to designate which alternate member is selected to hear and decide particular case. The alternate members shall be appointed by the Mayor, subject to approval by the Board of Trustees, for terms of three years, the terms ending on the last day of the official year. When so designated, the alternate member shall possess all the powers and responsibilities as the, member for whom a substitution is made. The designation of an alternate member to hear and decide a case shall be entered into the minutes of the Planning Board.

§ 263-11 Compliance with State Environmental Quality Review Act. [1]

The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).