The Planning Board shall conduct a public hearing on the site plan within 62 days of the receipt of a completed application for site plan review. After the public hearing date is set by the Planning Board, the applicant shall mail a letter to all property owners located within 500 feet of the perimeter boundary of the tract of land containing the proposed site plan, giving information about the time, date, place and purpose of the public hearing, and shall provide the Planning Board with proof of such mailing. Such letters shall be mailed no later than three weeks prior to the public hearing. The public hearing shall be advertised in the Town's official newspaper at least five days before the public hearing. When required by General Municipal Law §§ 239-l and 239-m, the Planning Board shall submit notice of the public hearing along with a complete description of the application to the Tioga County Planning Board for review. The time period in which the Planning Board must conduct the public hearing can be extended by mutual consent of the applicant and the Planning Board.
Within 62 days of the closing of the final public hearing, the Planning Board shall render a decision. In its decision the Planning Board may approve, approve with modifications, approve with conditions or disapprove the site plan. The time period in which the Planning Board must render its decision can be extended by mutual consent of the applicant and the Planning Board.
A.
Approval. Upon approval of the site plan, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested. Upon receiving the written statement of approval, the applicant may apply for a building permit from the Code Enforcement Officer.
B.
Approval with modifications or conditions. The Planning Board may conditionally approve the final site plan. A copy of written statement containing the modifications required by the conditional approval will be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met, and payment by the applicant of all fees and reimbursable costs due the Town, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested. Upon receiving the written statement of approval, the applicant may apply for a building permit from the Code Enforcement Officer.
C.
Disapproval. Upon disapproval of the site plan the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.
D.
Expirations and extensions. A site plan approval shall expire one year after the date of final approval if actual construction has not been begun by the applicant. "Actual construction" is defined as the placing of construction materials in their permanent position fastened in a permanent manner, except that, where a basement or cellar is being excavated, such excavation shall be deemed to be actual construction.
(1)
The Planning Board may, in its sole discretion, upon the applicant's written request made at least 30 days prior to the expiration of the initial one-year approval, grant an extension of time within which to implement the site plan, provided the applicant has made reasonable efforts to implement the site plan within the original one-year period, and further provided that no such extension shall exceed one year. No further extensions shall be permitted.
(2)
An applicant whose site plan has expired may resubmit his/her application for a new site plan approval.
E.
As-built drawings. Upon completion of construction of the improvements in accordance with the site plan, and as a condition to the granting of a certificate of occupancy for any of the improvements on the approved site plan, the applicant shall submit as-built drawings showing the site plan as completed and the location of any improvements as built thereon, including, without limitation, underground utility lines and drainage facilities. The drawings shall, if required by the Planning Board, be prepared and certified to the Town by a licensed engineer, architect, or surveyor.
[Added 6-13-2006 by L.L. No. 2-2006]
A site plan that has received final site plan approval may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval. Notwithstanding the foregoing, the Planning Board approval of a modification shall not be required:
A.
If the modification does not involve:
(1)
Construction of an addition of more that 1,000 square feet of enclosed space whether on one of more stories;
(2)
Construction or relocation of more than three parking spaces or construction or relocation of any parking spaces to an area that is not adjacent to the original or planned parking area;
(3)
Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to the cost more than $10,000;
(4)
Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use;
(5)
Enlargement of an existing or previously approved building that involves an increase of square footage of more that 15% of the existing square footage or previously approved building;
(6)
Reduction of an existing or previously approved building that involves the decrease of square footage of more that 15% of the existing square footage or previously approved building;
(7)
Alteration of traffic flows and access nor a significant increase in volume of traffic;
(8)
A significant (in the judgment of the Planning Board Chair) change in the aesthetic appearance of any structure or site plan element, including landscaping and lighting details, from that presented at the time of the prior approval;
(9)
A change in the impacts of the project on surrounding properties, such as an increase in noise, water runoff, light illumination, or obstructions to views;
(10)
Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval; or
B.
If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where:
C.
The numerical criteria for the exceptions for the requirement of obtaining Planning Board approval are an aggregate minimum (i.e., if a seven-hundred-square foot addition is constructed without obtaining Planning Board approval pursuant to Subsection A(1) above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan).
D.
This waiver of requirement of Planning Board approval is not intended to permit construction in violation of any other provision of any other laws or codes of the Town of Spencer or New York State or the United States Government, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this chapter or by the New York State Uniform Fire Prevention and Building Code or any other codes, laws, rules, or regulations.
E.
A demolition, or proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section.