Town of Phelps, NY
Ontario County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Phelps 3-6-2000 by L.L. No. 2-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 31.
Flood damage prevention — See Ch. 85.
Exterior lighting — See Ch. 92.
Landscaping review standards — See Ch. 93.
Subdivision of land — See Ch. 123.
Zoning — See Ch. 145.
[Amended 10-13-2015 by L.L. No. 4-2015]
Before a building permit may be issued for any use except single- and two-family dwellings and permitted accessory uses relating thereto and before any construction activity in the nature of site improvement shall be commenced on any lot or parcel within any zoning district that is intended to result in any use except a single- or two-family dwelling, site plan review and approval must be obtained from the Planning Board. For the purposes of this section, "construction activity" shall include, but not be limited to, any clearing, grading or grubbing, any earthmoving (excavating and/or filling) and/or any changes to the natural drainage on any lot or parcel.
The Planning Board, after a public hearing as provided in the State of New York Town Law § 274-a, shall make the following findings before granting approval:
A. 
Traffic access. All proposed site traffic accessways are adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
B. 
Circulation and parking. The interior circulation system is adequate and all required parking spaces are provided and are easily accessible.
C. 
Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, prevent erosion and formation of dust.
D. 
Disposal of usable open space. In accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.
E. 
Arrangement and design of buildings. Adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other, and layout, design and placement provide a visually and physically integrated development.
F. 
Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings unless the same conform in all respects to such site plan and unless all facilities included in the site plan have been constructed in accordance therewith.
G. 
Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent resident districts.
H. 
Exterior lighting. The installation of all outdoor lighting shall be in conformance with Chapter 92 of the Code of the Town of Phelps.
[Added 1-14-2013 by L.L. No. 1-2013]
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
Preliminary and final plans for all proposed site plans lying within the Town limits shall be filed with the Planning Board for approval.
B. 
Site plans and supporting data submitted to the Planning Board will be considered at the Board's next regularly scheduled meeting, provided that the materials to be submitted are received at least 10 business days in advance of said meeting. The date of submission shall be the date of the next regular Town Planning Board meeting.
C. 
The initial plan filed with the Planning Board for review shall be considered the official preliminary plan.
D. 
The owner/developer may prepare a sketch plan for informal discussion with the Planning Board prior to submitting the official preliminary plan for review. This sketch plan shall be for the purpose of establishing in advance, if possible, the extent to which the proposed site plan conforms to the standards of these regulations.
E. 
The Planning Board may, when requested by the applicant in writing and when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Any such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
F. 
The Planning Board may combine the preliminary plan and final plan submission, review and approval requirements of this chapter into one step when the site plan application is for a minor development. The Planning Board shall determine at its first regularly held meeting after a full application has been submitted in accordance with this chapter if an application is requesting site plan approval for a minor development and, if so, whether the applicant can combine preliminary and final review pursuant to this subsection. If the Planning Board makes such a determination, and the required public notice requirements have been met, then the Planning Board may proceed to consider and act upon the application as a final plan pursuant to this chapter. A minor development is one that meets the following criteria, as determined by the Planning Board:
[Added 6-11-2018 by L.L. No. 3-2018]
(1) 
Does not change the basic character of the lot or the use thereof, including, but not limited to, the basic visual appearance and method(s) of operation;
(2) 
Does not constitute a new land development activity;
(3) 
Does not increase off-site impacts in the surrounding neighborhood;
(4) 
Does not substantially increase the need for on-site parking or utilities;
(5) 
Does not increase the floor area of use by more than 10% or decrease the open space on the site by more than 10%;
(6) 
Meets the standards of this chapter;
(7) 
Is consistent with action(s) taken during previous approvals (site plan review, zoning approvals and any other Town-related approvals) and any other governmental approvals for the property.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
Preliminary plans and supporting data shall comply with the provisions of § 115-6 of these regulations. The application shall be complete as to all items not specifically waived by the Planning Board. In the event there is a request for a waiver of any item, a separate statement shall be attached detailing the reason(s) for such a waiver. Failure to do so shall be cause for tabling the plan.
B. 
Six copies of the preliminary plan shall be submitted to the Planning Board.
C. 
Fees in accordance with the current fee schedule adopted by the Town shall be paid at the filing of the preliminary plan.
D. 
Upon the official submission of the preliminary plan for consideration at a regular meeting, the Planning Board shall give notice that a public hearing will be held. Public notice of the hearing shall be advertised in a newspaper of general circulation in the Town at least 10 days before such hearing. The Code Enforcement Officer shall be responsible for preparing and sending a written notice of the public hearing, which shall be mailed to surrounding property owners within 500 feet of the subject property by first-class United States mail, and to any other recipients the Planning Board deems appropriate, not less than five days prior to the date of such hearing. The cost of preparing, publishing and mailing any required notices shall be borne by the applicant.
E. 
Within 62 days after the public hearing, the Planning Board shall act upon the official preliminary plan by approving, approving with conditions or disapproving the preliminary plan. An extension of time may be granted if mutually agreed to by both the Planning Board and the applicant.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
A final plan with supporting data shall be submitted to the Planning Board for final approval within one year after Board action on the preliminary plan, provided that an extension of time may be granted by the Planning Board upon written request. Otherwise, a plan submitted after one year from the Board's action on a preliminary plan shall be considered a new preliminary plan.
B. 
The final plan shall conform in all important respects to a previously approved preliminary plan and shall incorporate all modifications and revisions specified by the Planning Board in its conditional approval and any modifications and/or revisions made by the applicant during the preliminary review process. Changes, modifications and/or deviations from an approved preliminary plan and the final plan shall be made clear by the applicant at the time of submitting the final plan and supporting data. If the Board finds that the submitted plans do not materially conform, the plan shall be considered as a revised preliminary plan.
C. 
The Planning Board may permit submission of the final plan in sections, each covering a portion of the entire proposed site plan as shown on the preliminary plan.
D. 
The final plan and supporting data shall comply with the provisions of § 115-7 of this chapter. Failure to do so shall be cause for tabling the plan.
E. 
Six copies of the final plan with supporting data shall be submitted to the Planning Board by the applicant.
F. 
Within 62 days after official submission of the final plan, the Planning Board shall act upon the final plan, granting its approval, approval with conditions or disapproval. An extension of time may be provided if the Planning Board and the applicant mutually agree to such an extension.
G. 
In the event the final plan is approved with conditions, said conditions must be satisfied prior to the issuance of any building permits, certificates of occupancy or any other permits issued by the Town of Phelps.
H. 
Final site plan approval cannot be granted for any project until all necessary variances from the Town Zoning Board of Appeals have been granted, the requirements and regulations of the State Environmental Quality Review Act have been followed, and any required review or recommendation has been received from the Ontario County Planning Board in accordance with the provisions of § 239-m of the New York State General Municipal Law, as amended.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
The preliminary plan shall be at a scale of not more than 50 feet to the inch.
B. 
Preliminary plans for all proposed site plans subject to review and approval shall show or be accompanied by the following information:
(1) 
A statement setting forth whether or not the proposed project meets all current zoning and building regulations and, if not, what variances must be applied for and the status of such application.
(2) 
Title on all drawings, including the name and address of the applicant and, if different from the applicant, the name and address of the owner(s) of record of the subject property and person(s) responsible for such drawing(s).
(3) 
Vicinity map, at a scale no smaller than one inch equals 2,000 feet.
(4) 
North arrow, scale and date.
(5) 
Boundaries of the property plotted to scale and all public streets and right-of-way easements adjacent thereto.
(6) 
Existing buildings.
(7) 
Existing watercourses, drainageways, wetlands or other surface water features, if any, and if any of the property is within a designated floodplain.
(8) 
Existing vegetation in the area of the proposed development and vegetation proposed to be removed to accommodate the proposed improvements.
(9) 
Existing and proposed grading and drainage plan.
(10) 
Location, design, type of construction, proposed use and exterior dimensions of all proposed buildings.
(11) 
Location, design, type of construction and proposed uses of any other activities planned on the property.
(12) 
Location, design and type of construction of all proposed traffic accessways to and from the site.
(13) 
Location, design and type of construction of all parking and truck loading areas, showing access and egress and the number and dimensions of parking spaces.
(14) 
Location of any outdoor storage, if any.
(15) 
Location of refuse/trash facilities, if any.
(16) 
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(17) 
A description of the method of sewage disposal and the proposed location of such facilities.
(18) 
A description of the method of water facilities and the proposed location of such facilities.
(19) 
Location, size and design and type of construction of all proposed signs, in accordance with the Town's signage requirements.
(20) 
Location and design of outdoor lighting facilities in accordance with the Town's Outdoor Lighting Law, Chapter 92 of the Town Code.
(21) 
A general landscape and planting plan and schedule in accordance with the Town's Landscaping Law, Chapter 93 of the Town Code.
(22) 
A projected construction schedule.
(23) 
Identification of any permits from any other governmental bodies required for the project's execution.
(24) 
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
(25) 
All new site plans for commercial and/or industrial proposal shall be by a licensed engineer, architect or surveyor.
(26) 
Modification to existing commercial/industrial buildings or previously approved commercial and/or industrial site plans, costing over $20,000 or exceeding 1,500 square feet in building improvements, shall be prepared by a licensed engineer, architect or surveyor.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
The final plan shall be at a scale of not more than 50 feet to the inch.
B. 
Final plans for all proposed site plans subject to review and approval shall show or be accompanied by the following information:
(1) 
Title on all drawings, including the name and address of the applicant and person responsible for such drawings.
(2) 
Vicinity map, at a scale of no smaller than one inch equals 2,000 feet.
(3) 
North arrow, scale and date.
(4) 
Boundaries of the property plotted to scale and all public streets and right-of-way easements adjacent thereto.
(5) 
Existing buildings.
(6) 
Existing watercourses, drainageways, wetlands or other surface water features, if any, and if any of the property is within a designated floodplain.
(7) 
Existing vegetation in the area of the proposed development and vegetation proposed to be removed to accommodate the proposed improvements.
(8) 
Existing and proposed grading and drainage plan.
(9) 
Location, design, type of construction and proposed use and exterior dimensions of all proposed buildings.
(10) 
Location, design, type of construction and proposed uses of any other activities planned on the property.
(11) 
Location, design and type of construction of all proposed traffic accessways to and from the site.
(12) 
Location, design and type of construction of all parking and truck loading areas, showing access and egress and the number and dimensions of parking spaces.
(13) 
Location of any outdoor storage, if any.
(14) 
Location of refuse/trash facilities, if any.
(15) 
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(16) 
A description of the method of sewage disposal and proposed location of such facilities.
(17) 
A description of the method of water facilities and the proposed location of such facilities.
(18) 
Location, size and design and type of construction of all proposed signs, in accordance with the Town's signage requirements.
(19) 
Location and design of outdoor lighting facilities in accordance with the Town's Outdoor Lighting Law, Chapter 92 of the Town Code.
(20) 
A general landscape and planting plan and schedule in accordance with the Town's Landscaping Law, Chapter 93 of the Town Code.
(21) 
A projected construction schedule.
(22) 
Identification of any permits from any other governmental bodies required for the project's execution.
(23) 
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
(24) 
All new site plans for a commercial and/or industrial proposal shall be by a licensed engineer, architect and/or surveyor.
(25) 
Modifications to existing commercial and/or industrial buildings or previously approved commercial and/or industrial site plans, costing over $20,000 or exceeding 1,500 square feet in building improvements, shall be prepared by a licensed engineer, architect or surveyor.
(26) 
A written statement detailing the changes, revisions and/or modifications between the preliminary plan and the final plan.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
Conditions. Where a site plan approval is granted with conditions, it shall expire one year from the date of the decision granting conditional approval unless all of the conditions therein are satisfied. The applicant may make a written request to the Planning Board for an extension of this requirement. This period may be extended by the Planning Board.
B. 
Site plan permit issuance. The applicant shall obtain a site plan permit for any project with final site plan approval within one year from the date of the decision granting final approval, whether approval is conditional or otherwise. If a site plan permit is not issued within such one-year period, the site plan approval shall automatically expire at the end of that one-year period. The applicant may make a written request to the Planning Board for an extension of this requirement. The Planning Board may extend this period.
C. 
Expiration. Upon expiration of a site plan approval, the site plan approval will become null and void, and the applicant will be required to submit a new, complete site plan application. In the event that a building permit, site plan permit, or both, were issued in a timely manner and the site plan approval has not otherwise expired, but then such building permit or site plan permit expires or is canceled, then the site plan approval shall expire on that same date of expiration or cancellation or upon passage of one year from the date of the decision granting approval, plus any extension period granted by the Planning Board, whichever is later.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
A site plan permit shall be required for any work included in a final site plan approved by the Town Planning Board. No person shall commence any work for which a site plan permit is required without first having obtained a site plan permit from the Code Enforcement Officer.
B. 
Applications for site plan permits. Applications for a site plan permit shall be made in writing on a form provided by the Code Enforcement Officer. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the final site plan approved by the Town Planning Board. The application shall include, but not be limited to, the following documentation:
(1) 
A description and timeline of the proposed work.
(2) 
Name(s) and address(es) of the owner(s) and property location.
(3) 
At least two sets of documents which:
(a) 
Define the scope of the work.
(b) 
Show the boundaries of the subject property, show any existing and proposed buildings, structures, driveways, parking lots and anything else made part of the approved site plan, and show the distances said buildings and structures are from the lot lines.
C. 
Issuance of site plan permit. An application for a site plan permit shall be examined to ascertain whether the proposed work is in compliance with the final site plan approved by the Town Planning Board. The Code Enforcement Officer shall issue a site plan permit if the application that has been submitted is in compliance with this section, any fee for issuance of the site plan permit has been paid and the proposed work is in compliance with the final site plan approved by the Town Planning Board.
D. 
Work to be performed in accordance with the project description. All work shall be performed in accordance with the final site plan approved by the Town Planning Board and with the site plan permit. The permit holder shall immediately notify the Code Enforcement Officer of any desired change during the course of the work. Any desired change to the final, approved site plan shall require the owner of the subject property to:
(1) 
Make application to and obtain approval from the Town Planning Board for a new or amended site plan; and
(2) 
Make application to and obtain a new amended site plan permit from the Code Enforcement Officer, incorporating any approval by the Town Planning Board of such new or amended site plan, prior to the site plan permit holder making such desired change.
E. 
Time limits. Site plan permits shall become invalid unless the authorized work is commenced within six months of the date of issuance. Site plan permits shall expire 12 months after the date of issuance. A site plan permit which has become invalid or which has expired may be renewed upon application by the permit holder, payment of any applicable fee and approval of the application by the Code Enforcement Officer.
F. 
Revocation or suspension of site plan permits. If the Code Enforcement Officer determines that a site plan permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which the site plan permit was issued violates the final site plan approved by the Town Planning Board, the Code Enforcement Officer shall revoke the site plan permit or suspend the site plan permit until such time as the permit holder demonstrates that all work then completed is in compliance with all provisions and conditions of the final site plan approved by the Town Planning Board and all work then proposed to be performed shall be in compliance with all provisions and conditions of the final site plan approved by the Town Planning Board.
G. 
Fee. The fee determined by resolution of the Town Board for the issuance of a site plan permit must be paid at the time of submission of an application for a site plan permit, for an amended site plan permit or for renewal of a site plan permit.
H. 
A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a site plan permit before such property can be used or occupied for its intended use.
[Added 10-13-2015 by L.L. No. 4-2015]
A. 
The Code Enforcement Officer shall enforce this chapter.
B. 
The Code Enforcement Officer shall not issue any building permit or site plan permit except where there has been compliance with all provisions of this chapter.
C. 
The Code Enforcement Officer shall not issue any certificate of compliance or certificate of occupancy except where there has been compliance with all provisions of this chapter and with any building permit or site plan permit issued pursuant to the approved final site plan and where all conditions of the approved final site plan have been complied with.
D. 
Any person violating any provision of this chapter, and the owner and occupant of any premises on which a violation is committed, and any person who shall locate, erect or structurally alter a building, structure or other improvement contrary to the approved final site plan upon which any building permit, site plan permit, certificate of occupancy, certificate of compliance or any other permit or certificate was issued shall be guilty of an offense punishable by a fine of $250 or imprisonment for a period not to exceed 15 days, or both.
E. 
Each week's continued violation shall constitute a separate, additional violation.
F. 
In case any building, structure or other improvement is erected, constructed, reconstructed, altered, repaired, converted or maintained contrary to the approved final site plan upon which any building permit, site plan permit, certificate of occupancy, certificate of compliance or any other permit or certificate was issued, the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction; reconstruction, alteration, repair, conversion or maintenance to restrain, correct, abate or remove such violation or violating building, structure or other improvement or to prevent the occupancy of said building, structure or land.