|
-1-
VILLAGE OF SPENCER
LOCAL LAW NO. 2 OF THE YEAR 2008
A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF SPENCER TO
REGULATE SITE PLANS IN THE VILLAGE OF SPENCER
Be it enacted by the Village Board and the Village Joint Planning Board of the Village of Spencer
as follows:
Section 1.Amendment to Code. A new Chapter 117 of the Code of the Village of Spencer
(the “Code”) is hereby inserted into the Code reading as follows:
Chapter 117
SITE PLAN REVIEW LAW
ARTICLE I
Introductory Provisions
§117-1. Enactment.
The Village Board of the Village of Spencer, Tioga County, New York, does hereby enact
this joint Site Plan Review Law with the Town of Spencer pursuant to the authority and
provisions of Section 10 of the Municipal Home Rule Law and Section § 7-725-a(2)a of the
Village Law.
§117-2. Title
This local law shall be known as the “Town of Spencer and Village of Spencer Site Plan
Review Law” and also the “Village of Spencer Site Plan Review Law”. The Town of Spencer
and the Village of Spencer Joint Planning Board in hereafter referred to as the “Planning Board.”
§117-3. Intent And Purpose.
A. Through site plan review, it is the intent of this local law to promote and protect the
health, safety, general welfare, and environmental quality of the Village of Spencer.
A clean, wholesome, attractive environment is declared to be of importance to the
health and safety of the inhabitants of the Village and, in addition, such an
environment is deemed essential to the maintenance and continued development of
the economy of the Village and the general welfare of its inhabitants.
-2-
B. It is further the intent of this local law to ensure the optimum overall conservation,
protection, development, preservation, and use of the natural and human-related
resources to the Village, by regulating land use activity within the Village through
review and approval of site plans.
§117-4. Authorization of the Town of Spencer and Village of Spencer Joint Planning Board
to Review Site Plans.
The Town of Spencer and Village of Spencer Joint Planning Board is hereby authorized to
review and approve or disapprove site plans for land uses within the Village as hereinafter
designated pursuant to and in accordance with the standards and procedures set forth in this local
law.
ARTICLE II
Applicability and Definitions
§117-5. Applicability of Review Requirements.
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 Village Board and the Village Joint 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 Planning 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 Village 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 local law.
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. Non-commercial general farming within the Village of Spencer. For this
-3-
purpose, “non-commercial general farming” means the raising of
agricultural products, such as crops, livestock, poultry, and dairy goods for
domestic consumption and limited sale to others. “Non-commercial 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 twelve (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 (3) 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 calender year, a site plan will be
required.
8. Construction or creation of mobile home parks that are subject to review
pursuant to the Village’s Mobile Homes and Mobile Home Parks Code
provisions.
D. Any person, corporation, limited liability company or other type of entity uncertain
of the applicability of this local law to a given land use activity may apply in
writing to the Planning Board for a written jurisdictional determination.
§117-6. Effect on Existing Uses.
This local law does not apply to uses and structures which are lawfully in existence as of
date this local law becomes effective. Any use which would otherwise be subject to this local law
that has been discontinued for a period of one (1) year or more shall be subject to review pursuant
to the terms of this local law 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
local law, and fully constructed and completed within one year from the effective date of this local
law.
§117-7. Relationship of This Local Law to Other Laws And Regulations.
This local law in no way affects the provisions or requirements of any other federal, state,
or local laws or regulations. Where this local law is in conflict with any other such laws or
regulations, the more restrictive shall apply.
§117-8. Words and Terms Defined.
For the purposes of this local law, the language set forth herein shall be interpreted by
reference to the words and meanings as defined below. Any term used in this local law which is
not defined below shall carry its customary meaning unless the text otherwise dictates. For the
purposes of this local law, 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
-4-
“will”
Site Plan Review
§117-9. Procedures-Generally.
Prior to undertaking any new land use activity except as specifically excepted in section
2.01 of this local law, a site plan approval by the Planning Board is required. Applicants for site
plan approval should follow the recommended procedures related to the Sketch Plan Conference
as hereinafter set forth. Applicants must comply with all other procedures and requirements of this
local law. No building permit nor any certificate of occupancy shall be issued for any structure
that is subject to the provisions of this law unless final site plan approval for same has been
granted by the Planning Board.
§117-10. Sketch Plan.
A. The applicant may request a Sketch Plan Conference, such request to be made in
writing to the Chairman of the Planning Board by the applicant at least fourteen
(14) days prior to a regularly scheduled meeting of the Planning Board. If the
Chair determines that there is insufficient time at the meeting to hold a Sketch Plan
Conference, the Chair shall arrange with the applicant to hold a Sketch Plan
Conference at a mutually agreed upon time within 45 days of receiving the request
for a conference. This period may be extended upon agreement of both parties.
B. A Sketch Plan Conference shall be held between the Planning Board, Village Code
Enforcement Officer, and applicant, prior to the preparation and submission of a
formal site plan. The intent of such a conference is to enable the applicant to
inform the Board of his or her proposal prior to the preparation of a detailed site
plan, and for the Planning Board to review the basic site design concept, advise the
-6-
applicant as to potential problems and concerns, and to generally determine the
information to be required on the site plan. In order to accomplish these objectives,
the applicant shall provide copies (one for each Planning Board member) of the
following to the Chairman of the Planning Board at least fourteen (14) days prior to
a regularly scheduled meeting of the Planning Board:
1. A statement and rough sketch showing the locations and dimensions of
principal and accessory structures, parking areas, access, proposed signs
(with descriptions), existing and proposed vegetation, and other planned
features; anticipated changes in the existing topography and natural
features; and such other information deemed necessary by the Code
Enforcement Officer.
2. An area map showing the general location of the parcel under consideration
for site plan review, and all properties, subdivisions, streets, rights of way,
easements and other pertinent features within 500 (five hundred) feet of the
boundaries of the parcel; and
3. A topographic or contour map of adequate scale and detail to show site
topography and drainage.
§117-11. Applicant Requirements.
Following the Sketch Plan Conference, an application for site plan approval shall be made
in writing to the Chair of the Planning Board and shall be accompanied by copies, for each
Planning Board member, of the information contained on the following checklist. Changes to this
checklist (additions and/or deletions) may be made as determined necessary by the Planning Board
at said Sketch Plan Conference.
Site Plan Checklist:
1. Title of drawing, including name and address of applicant and person responsible for
preparation of such drawing;
2. North arrow, scale and date;
3. Owner, tax identification number, and boundaries of the property plotted to scale, and
names of owners of adjoining parcels;
4. Existing buildings, structures and streets on site and within 500 (five hundred) feet of the
boundaries of the site;
5. Location, width and purpose of all existing and proposed easements, set-backs, rights-ofway,
reservations, and areas dedicated to public use within and adjoining the property;
6. Description of all existing and proposed deed restrictions or covenants applying to the
property;
7. Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth
-7-
to bedrock, soil characteristics, and watercourses;
8. Location, design, type of construction, proposed use and exterior dimensions (including
height) of all buildings and structures;
9. Location, design and type of construction of all parking and truck loading areas, showing
access and egress including all driveways;
10. Provision for pedestrian access, sidewalks, and bike paths if any;
11. Location of outdoor storage, if any;
12. Location, design and construction materials of all existing or proposed site improvements
including drains, culverts, retaining walls and fences;
13. Description of the method of sewage disposal and location, design and construction
materials of such facilities;
14. Description of the method of securing water and location, design and construction
materials of such facilities.
15. Description of the method for snow removal and location of snow storage;
16. Location of fire and other emergency zones, including the location of fire hydrants or other
water source(s) for emergencies;
17. Location, design, and construction materials of all energy distribution and storage facilities,
including electrical, gas, wind and solar energy;
18. Location, size, design, lighting, hours of operation, and type of construction of all proposed
signs;
19. Description of adjacent land uses;
20. Location and proposed development of all buffer areas to protect adjacent land use,
including existing vegetation covers;
21. Location, size, and design of outdoor lighting facilities;
22. Identification of the location and amount of building area proposed for retail sales or
similar commercial activity;
23. General landscaping plan and planting schedule;
24. An estimated project construction schedule;
25. Record of application for and status of all necessary permits from other government
bodies;
26. Identification of any permits from other governmental bodies required for the project’s
execution;
27. An Agriculture Data Statement (ADS) must be submitted if the proposed project occurs on
property within an agricultural district containing a farm operation or on property with
boundaries within 500 feet of a farm operation within an agricultural district;
28. Environmental Assessment Form, if required: For projects classified as Type 1 under the
State Environmental Quality Review Act (SEQRA), a full Environmental Assessment
Form (EAF) is required. After review of these documents the Planning Board may require
additional information;
29. DEC storm water threshold form if required: All projects that meet DEC storm water
thresholds must comply with current DEC regulations;
30. Businesses are required to have all (customer and business) vehicles on gravel or paved
lots;
-8-
31. Commercial businesses shall have ample parking for the anticipated number of customers;
32. Lighting around business should be adequate for security and path illumination. Lighting
should be directed downward to minimize loss into the environment, and lights shall not
flash between 12:00 a.m. and 6:00 a.m.;
33. Commercial property will be responsible for the access or connection to existing roads,
water, sewer, etc. and shall be responsible for maintaining those connections;
34. Other elements integral to the proposed development as may be considered necessary in
the particular case by the Planning Board.
§117-12. Required Fee.
An application for Site Plan Review shall be accompanied by a non-refundable fee
determined by the Village Board of Spencer and paid to the Village Clerk. See the Village Clerk
for an application form and fee schedule.
§117-13. Security for Performance.
A. The Planning Board may condition site plan approval upon the applicant’s
submission to the Village Clerk of a cash deposit, performance bond, or irrevocable
letter of credit, in an amount determined by the Planning Board after
recommendation from the Village Engineer, which amount shall be sufficient to
ensure that all improvements and landscaping, as shown on the approval site plan,
shall be completed and to ensure against damage to the infrastructure, including
public and private roads and drainage structures.
B. If public improvements are required, the Planning Board may require a separate
cash deposit, performance bond, or irrevocable letter of credit, in an amount
determined by the Planning Board after recommendation from the Village Engineer,
which amount shall be sufficient to ensure that all required public improvements
shall be completed.
C. Any bond required to be posted in connection with a site plan approval shall be
included in the language set forth in the Village Code, if any.
D. No performance bond, or irrevocable letter of credit shall be accepted by the
Village Clerk unless approved as to form and substance by the Village Attorney.
§117-14. Retention of Expert Assistance and Reimbursement by Applicant.
A. The Planning Board may retain any consultant and/or expert deemed reasonablely
-9-
necessary to assist the Board in reviewing the Site Plan Review.
B. If such assistance is deemed necessary, the Planning Board shall so inform the
applicant. The Planning Board will give the applicant an estimate of the reasonable
cost(s) to the consultant or expert and an explanation of the need for such
assistance. The applicant will agree in advance to these cost(s) and will pay all
such reasonable cost(s) to the Village for the Village to use to pay the consultant or
expert. The total amount of the reasonable cost(s) for consultants and/or experts
may vary with the scope and complexity of the project, the completeness of the Site
Plan Review application and other information as needed by the Planning Board or
its consultant/expert to complete the necessary review and analysis. At the request
of the Planning Board, the reasonable estimated costs shall be paid in advance
before the review of the application by any such experts or consultants. Additional
costs, as reasonably required and requested by the Planning Board, shall be paid by
the applicant within ten days of being billed for same.
C. No building permit and no certificate of occupancy shall be issued for any structure
that is subject to review pursuant to these site plan review provisions unless and
until all outstanding review fees have been paid by the applicant to the Village.
ARTICLE IV
REVIEW STANDARDS
§117-15. General Standards and Consider.
The Planning Board’s review of the site plan shall include, as appropriate, but is not
limited to, the following general considerations:
A. Compatibility of the proposed use with the Village of Spencer Comprehensive Plan
B. Location, arrangement, size, design and general site compatibility of buildings,
structures, lighting, and signs.
C. Adequacy and arrangement of vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and traffic controls.
D. Location, arrangement, appearance, impact and sufficiency of off-street parking
and loading, lighting, and signs.
E. Adequacy and arrangement of pedestrian traffic access and circulation, walkway
structures, control of intersections with vehicular traffic and overall pedestrian
convenience, and sidewalks and bicycle paths, if any.
F. Adequacy of storm water and drainage facilities.
G. Adequacy of water supply and sewage disposal facilities.
H. Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise and/or light buffer between the applicant’s and
-10-
adjoining lands, including retention of existing vegetation and fencing.
I. Adequacy of fire lanes and other emergency zones and the provision of fire
hydrants or other water source for emergencies.
J. Special attention to the adequacy of and impact of structures, roadways and
landscaping in areas susceptible to ponding, flooding and/or erosion.
K. Special attention to the procedures of facilities, and handling, storing, disposing,
and transporting of hazardous and/or toxic materials, to ensure such measures are
more than adequate to protect surface and ground water resources, air quality, and
health of Village residents.
L. Impact upon wetlands and watercourses located on, near, within sight of, or
downhill from the applicant’s lands, including water quality, visual, aesthetic and
environmental impacts.
M. Overall impact on the neighborhood including compatibility of design
considerations, noise, light, and aesthetics.
N. Overall impact on maintaining safe and adequate visibility for motorists.
O. Overall impact on surface and groundwater quality resources, air quality, and
health of Village residents.
P. Overall impact on Village water supplies and sewage disposal facilities.
Q. Overall impact on scenic, aesthetic, recreational, wildlife, historic, ecological and
natural resources of the Village.
R. To maintain Village rural atmosphere and uniqueness, a minimum ten (10) foot
green buffer is required for all land adjoining highways and roads adjoining or in
the site to accommodate trees and/or other plantings.
§ 117-16. Specific Standards and Considerations.
The Planning Board’s review of the site plan shall include, as appropriate, but is not limited to, the
following specific standards and considerations:
A. All construction on any streambanks lot shall be carried out in such manner as to
minimize interference with the natural course of such waterway, to avoid erosion of
the streambanks, to minimize increased runoff ground and surface water into the
waterway, to remove only that vegetation which is necessary to the
accomplishment of the project, and to generally maintain the existing aesthetic and
ecological character of the streambanks.
B. Any storage of petroleum products shall be in compliance with all applicable state
and federal regulations.
C. All signs shall be on-premises; all materials shall be clearly marked.
D. All site plan projects shall be in compliance with all applicable state laws,
regulations, and standards.
-11-
E. Reservation of Parkland on site plans containing residential units - If the proposed
project includes dwelling units, the Planning Board may, in accordance with the
provisions and requirements of Village Law section 7-724 or any similar or
successor law, require a park or parks to be shown on the site plan, or, to the extent
permitted by Section 7-725-a, monies in lieu of the parkland.
ARTICLE V
Public Hearing And Planning Board Decision
§117-17. Public Hearing.
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 (five
hundred) 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 that
three (3) weeks prior ro the public hearing. The public hearing shall be advertised in the Village’s
official newspaper at least five (5) days before the public hearing. When required by General
Municipal Law 239L & 239M, 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 and the Village Joint Planning Board must conduct
the public hearing can be extended by mutual consent of the applicant and the Planning Board.
§117-18. Planning Board Decision.
Within 62 days 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 Village, 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 Village 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
-12-
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 Village, 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 Village 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 Village 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.
§117-19. Modifications of Site Plans.
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 forgoing, the Planning Board
approval of a modification shall not be required:
A. If the modification
does not involve:
-13-
1. Construction of an addition of more than 1,000 square feet of enclosed
space whether on one or more stores;
2. Construction or relocation of more than three (3) parking spaces nor
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 than 15% of the existing square footage
or previously approved building;
6. Reduction of an existing or previously approved building that involves the
decease of square footage of more than 15% of the existing square footage
or previously approved building;
7. Alteration of traffic flows and access for 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 run-off, 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 (2) feet laterally or six (6) inches vertically from the
location or elevation shown on the final site plan where:
1. Such shift does not alter proposed traffic flows or access; and
2. Such shift does not directly violate any express conditions (including,
without limitation, buffer zones, setbacks, and similar restrictions) imposed
by the Planning Board in granting prior site plan approval.
C. The numerical criteria for the exceptions for the requirement of obtaining Planning
Board approval
are an aggregate minimum (i.e. if a 700 square foot addition is
constructed without obtaining Planning Board approval pursuant to paragraph A1
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
-14-
Village of Spencer or New York State or the United States Government, nor negate
the requirement to obtain a building permit in those circumstances when otherwise
required by the terms of this Law 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.
ARTICLE VI
Appeal of Planning Board Decision
§117-20 Appeal to the Village Board of Trustees
Any person aggrieved by the final site plan determination of the Planning Board on
property within the corporate limits of the Village of Spencer may appeal the Planning Board
within 14 days of receipt of that decision by filing with the Village Clerk a notice of appeal and a
filing fee as determined by the fee schedule set by the Village Board of Trustees. A complete
statement of reasons why the appellant believes the Planning Board’s decision is in error shall be
filed with the Village Clerk with a copy served on the Planning Board Chairman within 14 days of
filing of the appeal. The Planning Board shall have 14 days to file a rebuttal with the Village
Clerk and the Village Board shall consider the matter at the next regular Village Board meeting
unless postponed by agreement of the appellant and the Village Board. A copy of the notice of
appeal and all pleadings and papers shall be served on the Village Clerk, the Village Mayor,
trustees of the board of the Village of Spencer and the Village Attorney. A reverse of the Planning
Board decision on any matter appealed from shall be only upon a vote of not less than 3/4 of the
Board of Trustees of the Village of Spencer. Failure to appeal within the time frame set forth
herein precludes any further revisions.
§117-21. Judicial Review.
Any person aggrieved by a final site plan determination by the Planning Board may apply
to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and
Rules. Such proceeding shall be instituted within thirty (30) days after filing of a decision in the
office of the Village Clerk.
ARTICLE VII
Miscellaneous Provisions
§117-22
. Enforcement Officer.
The Code Enforcement Officer shall be responsible for the overall inspection of site
improvements including coordination with the Planning Board and other officials and agencies, as
-15-
appropriate. The Code Enforcement Officer is empowered to file accusatory instruments with the
local Justice Court if such Officer believes there exists a violation of this Law.
§117-23. Amendments.
The Planning Board may on its own motion, on petition, or on recommendation of the
Planning Board, after public notice and hearing, amend this local law pursuant to all applicable
requirements of law.
All proposed amendments originating by petition, or by motion of the Planning Board, may
be referred to the Planning Board for a report and recommendation thereon. The Planning Board
shall submit its report within thirty (30) days after receiving such referral. Failure of the Planning
Board to report within the required time shall be deemed to constitute a recommendation for
approval of the proposed amendment.
§117-24. Integration of procedures.
Whenever the circumstances of proposed development require compliance with this Site
Plan Review Law and with any other state and local law, ordinance or requirement of the Village,
the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this
local law with the procedural and submission requirements for such other compliance.
§117-25. Enforcement.
A. In case of any violation or threatened violation of any provision of this local law, in
addition to other remedies herein provided, the Village may institute any
appropriate action or proceedings to prevent such unlawful erection, structural
alteration, reconstruction, occupancy, moving and/or use, to restrain, correct, or
abate such violation, to prevent the occupancy of such building, structure or land,
or to prevent any illegal act, conduct, business or use in or about such premises.
B. The Code Enforcement Officer is hereby granted administrative authority and
responsibility to terminate any violation of this local law by posting a Stop Work
Order on the premises wherein the violation has occurred. The Stop Work Order
shall serve notice to the owner, builder, developer, agent and/or any other
individual or business on the premises that all such actions specified on the Stop
Work Order must be terminated immediately. If all provisions of this local law
together with other conditions specified by the Code Enforcement Officer are met,
then the Planning Board or Code Enforcement Officer may authorize the
termination of the Stop Work Order.
C. Whenever a violation of this local law occurs, any person may file a complaint in
regard thereto. All such complaints shall be filed with the Code Enforcement
-16-
Officer who may require such complaint to be in writing. The Code Enforcement
Officer shall have the complaint properly investigated and report thereon to the
Planning Board, or the Code Enforcement Officer may cause an accusatory
instrument to be filed with the local Justice Court alleging a violation of this Law.
D. A violation of this local law is declared to be an offense, punishable by either a fine
not exceeding three hundred fifty dollars ($350.00) nor less than one hundred
($100.00), or imprisonment. Each week’s continued violation shall constitute a
separate additional violation. In addition thereto, the Village shall have such other
remedies as are provided by law to restrain, correct or abate any violation of this
local law.
§117.26. Severability.
If any article, section, paragraph or provision of this local law shall be invalid, such
invalidity shall apply only to the article, section, paragraph or provision(s) adjudged invalid, and
the rest of this local law shall remain valid and effective.
§117-27. Effective Date.
This local law shall be effective as of the date of filing with the New York Secretary of
State.
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, co-partnership, or any other agency of voluntary action.
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.
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 ore more rooms and facilities for living
including cooking, sleeping, and sanitary needs.
Village Board - The Board of Trustees of the Village of Spencer.
Site Plan - A rendering, drawing or sketch prepared to specifications and containing
necessary elements as set forth in this local law, 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.
Commercial Farming - A commercial farm is defined as a farm with gross receipts
exceeding $10,000.00 annually.
-5-
Concentrated Animal Feeding Operation - An animal feeding operation that is defined as
a concentrated animal feeding operation for the 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.
Planning Board- The joint Town of Spencer and Village of Spencer Planning Board as
created by the adoption of Local Law No. 1 of 2008 of the laws of the Village of Spencer, Tioga
County, New York.
ARTICLE III
|
