A. 
Before a building permit or certificate of occupancy can be issued for any of the activities for which the site plan approval is required, a site plan must be approved by the Planning Board in accordance with these and other applicable provisions.
B. 
An applicant may, at his or her discretion, apply for a preliminary site plan approval. Further, if the Planning Board determines that an application for the final site plan approval is insufficient for an affirmative decision, the Board may grant preliminary site plan approval with such conditions and restrictions as the Planning Board deems necessary or appropriate as predicates to granting final site plan approval.
C. 
All new land use activities within the Town shall require site plan review and approval before being undertaken, except the following:
(1) 
Construction or alteration of a one- or two-family dwelling and ordinary accessory structures, and related land use activities, on an individual parcel.
(2) 
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
(3) 
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(4) 
General farming uses in an agriculture district created pursuant to Article 25-AA of the Agriculture and Markets Law unless such operation is a concentrated animal feeding operation.
(5) 
Noncommercial general farming within the Town of Spencer. For this purpose, "noncommercial general farming" means the raising of agricultural products, such as crops, livestock, poultry, and dairy goods for domestic consumption and limited sale to others. "Noncommercial general farming" may include the construction of structures such as barns or silos necessary for the production and storage of agricultural products and equipment.
(6) 
Sign(s) that are less than 12 square feet in total area and do not exceed 20 feet in height from ground level to the top of the sign.
(7) 
Garage and lawn sales not exceeding three days, on a parcel owned or leased for residential purposes by the operator of such sale. If such sales take place more often than three days per calendar year, a site plan will be required.
(8) 
Subdivisions that are the subject of review pursuant to the Town's Code provisions regulating subdivisions.[1]
[1]
Editor's Note: See Ch. 128, Subdivision of Land.
(9) 
Construction or creation of mobile home parks that are subject to review pursuant to the Town's mobile homes and mobile home parks Code provisions.[2]
[2]
Editor's Note: See Ch. 98, Mobile Homes and Mobile Home Parks.
D. 
Any person, corporation, limited liability company or other type of entity uncertain of the applicability of this chapter to a given land use activity may apply, in writing, to the Planning Board for a written jurisdictional determination.
This chapter does not apply to uses and structures which are lawfully in existence as of date this chapter becomes effective. Any use which would otherwise be subject to this chapter that has been discontinued for a period of one year or more shall be subject to review pursuant to the terms of this chapter before such use is resumed. Any use or structure shall be considered to be in existence, provided the same has been lawfully commenced as of the effective date of this chapter, and fully constructed and completed within one year from the effective date of this chapter.
This chapter in no way affects the provisions or requirements of any other federal, state, or local laws or regulations. Where this chapter is in conflict with any other such laws or regulations, the more restrictive shall apply.
For the purposes of this chapter, the language set forth herein shall be interpreted by reference to the words and meanings as defined below. Any term used in this chapter which is not defined below shall carry its customary meaning unless the text otherwise dictates. For the purposes of this chapter, the singular includes the plural; the plural includes the singular; the masculine includes the feminine; the present tense includes the future. The words "shall" and "will" mean the action is mandatory; the words "may" and "should" mean the action is elective. "Building" or "structure" includes any part thereof. The word "person" includes an individual, person, firm, corporation, copartnership, or any other agency of voluntary action.
COMMERCIAL FARMING
A farm with gross receipts exceeding $10,000 annually.
CONCENTRATED ANIMAL FEEDING OPERATION
An animal feeding operation that is defined as a concentrated animal feeding operation for purposes of requiring, or being subject to, a National Pollutant Discharge Elimination System Permit under the laws of the United States and the regulations of the United States Environmental Protection Agency ("EPA") or a State Pollutant Discharge Elimination System Permit under the laws of the State of New York and the regulations of the New York State Department of Environmental Conservation ("DEC"), whichever definition is more restrictive on the operator.
FAMILY
A person or persons related to each other by blood, marriage or adoption, or domestic partners, or any number of persons, irrespective of any such relationship, which nonetheless functions as the equivalent of such a family, living together as a single housekeeping unit.
LAND USE ACTIVITY
Any construction or other activity which changes the use or appearance of land or a structure or the intensity of use of land or structure. "Land use activity" shall explicitly include, but not be limited to, the following: new structures, expansions to existing structures, new uses, changes in or expansion of existing uses, roads, driveways, and excavations for the purpose of extracting soil or mineral deposits.
ONE-FAMILY DWELLING
A complete self-contained residential unit for permanent habitation by one family only, and containing one or more rooms and facilities for living including cooking, sleeping, and sanitary needs.
PLANNING BOARD
The Town of Spencer Planning Board.
SITE PLAN
A rendering, drawing or sketch prepared to specifications and containing necessary elements as set forth in this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites, which are subject to review pursuant to authority provided for the review of subdivisions, shall continue to be subject to such review and shall not be subject to review as site plans under this section.
STRUCTURE
Any object constructed, installed or placed on land to facilitate land use and development of land, such as buildings, sheds, signs, tanks, paving, decks, docks and any fixture, additions and alterations thereto.
STRUCTURE, ACCESSORY
Any structure designed to accommodate any accessory use but detached from the principal structure.
TWO-FAMILY DWELLING
Two complete, but separate, self-contained residential units each intended for permanent habitation by one family only in a single structure having a common roof, wall, or ceiling and containing one or more rooms and facilities for living, including cooking, sleeping, and sanitary needs.