[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 9-3-2020 by L.L.
No. 5-2020.[1] Amendments noted where applicable.]
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 Zoning Board of Appeals.
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.
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 Zoning Board of Appeals 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.
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 Zoning Board of Appeals 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 Zoning Board of Appeals may, in its discretion, waive such of
the foregoing as may not be necessary for proper review of the application.
A.
The Zoning Board of Appeals' 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 Zoning Board of Appeals 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 Zoning Board of Appeals 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 Zoning Board of Appeals
shall consider the impact of the proposed change upon other uses within
the same building or parcel. To the extent practicable, the Zoning
Board of Appeals 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 Zoning Board of
Appeals waive the direct application of a Code provision to the changed
use or occupancy under review.
The Zoning Board of Appeals may require such additional provisions
and conditions that appear necessary for the public health, safety
and general welfare.
A.
Within 90 days of receipt of the application for preliminary site
plan approval, the Zoning Board of Appeals shall act on it. If no
decision is made within said ninety-day period, the preliminary site
plan shall be considered approved. The Zoning Board of Appeals'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 Zoning Board of Appeals shall
be a sufficient report.
B.
The Zoning Board of Appeals 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 Zoning Board of Appeals' statement shall
contain the reasons therefor. The Zoning Board of Appeals may recommend
further study of the site plan and resubmission of the preliminary
site plan to the Zoning Board of Appeals 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.
A.
After receiving conditional approval from the Zoning Board of Appeals
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 Zoning Board of
Appeals for approval, except that if more than six months has elapsed
between the time of the Zoning Board of Appeals's report on the
preliminary site plan and if the Zoning Board of Appeals finds that
conditions have changed significantly in the interim, the Zoning Board
of Appeals 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 Zoning Board of Appeals at the preliminary review. All such
compliances shall be clearly indicated by the applicant on the appropriate
submission.
Within 62 days of the receipt of the application for final site
plan approval, the Zoning Board of Appeals shall render a decision
to Building Inspector.
A.
Upon approving an application, the Zoning Board of Appeals 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 Zoning Board of Appeals shall
so inform the Building Inspector, and he shall deny or cause to be
denied a building permit to the applicant. The Zoning Board of Appeals
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.
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.
The Zoning Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
