[HISTORY: Adopted by the Town Board of the
Town of Phelps 3-6-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
[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.
[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:
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.
