Spencerport City Zoning Code
ARTICLE II
A Districts: Residential
§ 340-9 Permitted uses.
[Amended 9-1-2021 by L.L. No. 3-2021]
Permitted uses in A Districts shall be as follows:
A.
Single-family dwellings.
B.
Farms and customary agricultural operations in connection therewith, but excluding, within 100 feet of any lot line, any stabling of a farm animal, storage of manure or other odor- or dust-producing substance or use.
C.
Public parks, playgrounds and similar recreational areas and structures not operated for gain.
F.
Churches, schools and institutions of higher education, hospitals, libraries, cemeteries and governmental buildings, provided that off-street parking shall be provided as set forth in § 340-29.
G.
In R2 Residential only, two-, three- and four-family dwellings and nursing homes; provided, however, that for the remodeling or construction of any of the dwellings, houses or buildings set forth in this subsection or Subsection F above, a special permit shall be obtained from the Zoning Board of Appeals as is set forth in § 340-16.
(1)
Four-family dwellings, in addition to requiring a special permit, shall meet the following conditions:
(a)
That viewed from any one of the four sides of the building, the building appears to be no more than a two-family dwelling.
(b)
That the footprint of the building, exclusive of any attached garage, be no less than 2,000 square feet and no greater than 2,400 square feet.
(c)
That they be two-story buildings.
(d)
That, at a minimum, each unit shall have two bedrooms.
(e)
That the only accessory structures permitted are motor vehicle garages or maintenance buildings designed in the same manner as motor vehicle garages.
(f)
For each residential dwelling unit, including any units on the parcel, including four-family units, there shall be at least 6,500 square feet of land.
(g)
(h)
That the design of the buildings be approved by the Zoning Board of Appeals as part of the development approval process. The following standards shall be used by the Zoning Board of Appeals:
[1]
Parking shall be designed such that it is in the rear of the structure. The parking areas shall be screened from the nearest dedicated road. There shall be a minimum of four spaces, including garages, for each unit.
[2]
Screening may be required to provide a transition from single-family uses and commercial uses to the four-family uses. Screening shall consist of trees, shrubs or other plantings, where practical. The use of fences as a screening method for these purposes is discouraged.
[3]
Trash and garbage disposal. Any common facility shall be enclosed to prevent children and nonresidents from accessing the area. The area shall also be suitably screened, which screening may be either natural or fencing as approved by the Zoning Board of Appeals.
[4]
Material. The exterior of the buildings shall be designed to blend into the neighborhood.
[a]
Building walls shall be faced with any of the following: wood clapboard, wood shingle/shake, wood board and batten, stone or clay brick. Architect-grade vinyl and simulations of the materials contained in this section may be deemed approved if the Zoning Board of Appeals Board finds that such materials are appropriate.
[b]
The following are prohibited: stucco, concrete block, and T-111.
H.
In R3 Multiresidential, all uses permitted in R1 and R2 Districts, except major home occupations, together with multiple-unit residential dwellings not more than two stories in height exclusive of habitable basement space; provided, however, that such multiunit residential dwellings shall not be erected, altered or reconstructed unless in conformity with § 340-16.
I.
In-law apartments.
(1)
Intent. To promote family cohesiveness, aging in place, and as an alternative to senior housing or assisted living facilities, it is the intent of this section to allow related parties of different generations to live together where the need and desire exist, so long as the proposed living arrangement is not outweighed by an adverse impact upon the community, particularly the proliferation of unlawful rental units. These units have become known as "in-law apartments."
(2)
Standards. A separate dwelling unit within or attached to another dwelling (existing or to be built), not otherwise allowable under this chapter, is allowable by temporary special permit issued by the Zoning Board of Appeals in accordance with Article IX of this chapter in the R1 Zoning District and for single-family dwellings in the PRD Zoning Districts, provided that:
(a)
The in-law apartment is occupied by parents, grandparents, siblings of grandparents or parents, children or grandchildren, by blood or by marriage.
(b)
The home is occupied by at least one owner.
(c)
Dimensional requirements of this chapter are otherwise met for an attached unit or for new construction.
(d)
Separate utility meters are not permitted.
(e)
The gross floor area of the in-law apartment shall not exceed 900 square feet. All new construction or additions to existing residential structures shall not exceed 700 square feet.
(f)
The Zoning Board of Appeals may impose reasonable conditions granting a special permit, including the number of parking spaces (except that there shall be a minimum of one additional required space for the in-law unit).
(g)
Safety, health and building codes are met.
(h)
In order to become effective, the special permit granted under this section shall be recorded by the applicant at the Monroe County Clerk's office, and a copy of the recorded permit shall be provided to the Building Inspector, who shall issue a certificate of occupancy if he or she finds compliance with this section.
(i)
In the 60th month following the grant of a special permit hereunder, the homeowner shall certify, under penalty of perjury, that Subsection I(2)(a) herein is still being complied with and shall file this certification with the Building Inspector. The Building Inspector may renew the certificate of occupancy one time for an additional sixty-month period.
(j)
The special permit shall expire:
(k)
Where new kitchens/kitchen appliances have been added, they shall be removed within six months of the expiration of the special permit.
(l)
Any certificate of occupancy containing the designation "in-law apartment" which has heretofore been issued without a special permit from the Zoning Board of Appeals shall be deemed to have complied with the provisions of this subsection, and the commencement period for the initial five years shall be January 1, 2012.
§ 340-10 Maximum building heights.
In A Districts (residential), no residential building shall exceed 35 feet in overall height. Accessory structure heights are defined in § 340-14.
§ 340-11 Lot occupancy.
A.
Each residential lot in the Village of Spencerport shall not be permitted more than one driveway.
B.
Each lot in a residential district shall not have more than 25% of the area of said lot covered by impervious surfaces and/or improvements, including, but not limited to: residential building(s), accessory structures, driveway.
§ 340-12 Lot and yard requirements.
B.
The minimum front, rear and sideline setback for any buildings or structures hereafter erected shall be as follows, except as set forth in §§ 340-14 and 340-16:
(1)
The building front line setback to the street line shall be 50 feet. Each sideline setback shall be equal to 8% of the width of the lot measured along the street line. Each rear line setback shall be equal to 5% of the depth of the lot.
(2)
In the case of a building on a through lot or a corner lot, the line of setback shall be governed by the line of setback of the street on which the narrow frontage of the lot faces, and in case such corner lot has an equal frontage on both streets, the line of setback of the street having the greatest line of setback shall govern, but, so far as possible, the building shall conform to the line of setback of the other street also.
(3)
In the event that a proposed building has, within 100 feet measured from its closest front point, buildings on each side closer to the street line than the fifty-foot setback, the closer setback may be applied.
§ 340-13 Minimum size of residential buildings.
B.
In determining such area, the measurements shall be made along the exterior of the main foundation walls of the building, excluding any portion thereof occupied by a porch or areaway, and any area occupied by a garage to, or forming part of, such building.
C.
Notwithstanding the foregoing provisions, a two-story residential building with an attached garage forming an integral part of such building may be erected, provided that the floor area developed for living accommodations on the first floor, measured as aforesaid, shall contain an area not less than the following:
§ 340-14 Accessory structures.
This section is intended to regulate all structures other than the principal residence (dwelling) and private garages that are attached to the dwelling by a common wall or covered areaway (breezeway). Open, temporary structures (i.e., swing sets, activity centers) are not regulated. Driveways and sidewalks are not considered part of Class IV structures.
A.
Uses. No business, occupation, service, materials for resale or residence shall be permitted in an accessory structure.
B.
Classification. For purposes of this section, accessory structures shall be classified as follows:
(1)
Class I: structures less than or equal to 120 square feet.
(2)
Class II: structures greater than 120 square feet.
(3)
Class III: open structures, the purpose or use of which is other than for the storage of goods (i.e., deck, gazebo, screenhouse).
(4)
Class IV: grade level platform structures (i.e., patio).
C.
Only one Class I structure shall be allowed per lot.
D.
Only one Class II structure shall be allowed per lot.
E.
Maximum size of a Class II structure, as measured by the ground floor area, shall be 1,000 square feet.
F.
All structures, except Class IV (grade level platform) and Class V (swimming pools) structures must be located to the rear of the front line setback and not nearer than five feet to the sidelines or rear lines. If erected on a corner lot, the accessory structure shall not be located nearer than five feet to the sideline and rear line and shall not be placed any closer to the street than the setback for houses on either street.
G.
All Class V (swimming pools) structures must be located not less than six feet from any sideline or rear line, except that the distance from any other building or structure on the premises shall be not less than 10 feet, all measurements taken to the water's edge.
H.
Maximum height of Class I and Class III structures shall be 15 feet.
I.
Maximum height of Class II structures shall be 17 feet.
J.
All structures, except Class IV (grade level platform) structures require permits to be issued by the Village Building Inspector.
K.
Percentage of lot occupancy (including residential building and accessory structures) shall not exceed 25% of the area of such lot.
§ 340-15 Private swimming pools.
A.
Any swimming pool as hereinabove defined shall be deemed an accessory building or structure under all applicable provisions of this chapter and the Building, Electrical, and Plumbing Codes of the Village of Spencerport, and no such swimming pool shall be constructed or maintained unless such pool conforms to applicable provisions of such chapter and codes.
B.
No permit shall be issued for the construction or maintenance of any such swimming pool as above defined unless or until the construction plans, plumbing plans, filtering system plans and a location map have been filed with the Building Inspector of the Village of Spencerport, in conformity with the following provisions:
(1)
The swimming pool shall be so located as to conform to the setback provisions of this chapter as they apply to accessory structures, i.e., not less than six feet from any sideline or rear line, except that the distance from any other building or structure on the premises shall be not less than 10 feet, all measurements taken to the water's edge.
(2)
Percentage of lot occupancy. The area of the principal and accessory buildings (inclusive of in-ground or permanent aboveground swimming pools) on any lot measured horizontally shall not exceed 25% of the area of the lot. This condition shall be waived for portable aboveground swimming pools, provided that all other requirements are in compliance.
(3)
The swimming pool or the lot or any part thereof within which a pool is located shall be completely enclosed by a chain-link fence or a type of fence which offers the same degree of security against accidental or unauthorized entry. Such fence shall be four feet in height, and all entrance gates thereof shall be self-closing, self-latching and capable of being locked. The fence shall be separate and physically detached from the swimming pool itself and shall be a minimum distance of four feet from the water's edge. A tolerance of 10% shall be permitted with respect to the height and location of the fence. It will be the responsibility of the owner to maintain the fence and gates in good order at all times.
(a)
An aboveground pool with no part of its sidewall height less than four feet above ground and so constructed by the manufacturer that the vertical sides are smooth, sheer and do not provide any means for intermediate foot- or handholds may be exempt from the full provisions of the above fence requirements. However:
[1]
A full-height fence with a self-closing, self-latching gate, capable of being locked, shall enclose the ladder area not less than four feet in width and four feet in depth, and the ladder shall remain permanently therein;
[2]
A lock or other device is installed on the pool so that the entrance to the pool can be closed when the pool is not in use; or
[3]
The entrance or entrances to the pool (ladders, steps, diving board, etc.) are not permanently affixed and the applicant for the permit agrees in the application to remove from the pool all entrance equipment when the pool is not in use and agrees to store the equipment in a suitable enclosure.
(b)
Aboveground pools provided with foot- or handholds (draw-banded) and aboveground pools with less than a four-foot sidewall height above the ground are not exempt from the full fencing requirement.
(4)
The drainage facilities for such pool shall not interfere with the public water supply system, existing drainage and sewage facilities, the property of others or the public highways.
(5)
The pool shall be structurally stable, and the basis of determination thereof shall be made by the Building Inspector if warranted by the manufacturer thereof or if guaranteed by the contractor who installs the pool, provided that such contractor is regularly engaged in the construction business, or if so certified by a professional engineer licensed by the State of New York.
(6)
The filtering equipment shall be adequate to permit the maintenance of good quality water in the pool. Should the determination of the Building Inspector be questioned in this regard, the recommendation of the Department of Health shall be controlling.
C.
The Zoning Board of Appeals of the Village of Spencerport may vary the provisions of Subsection B as to the size and location of such pool after a public hearing duly called for such purpose, upon a determination that the neighboring property shall not be adversely affected thereby.
D.
Any type of private pool, tank or other enclosure of water not defined as a swimming pool hereinabove which, however, has electrical equipment, shall require a permit which shall be issued in conformance with the Building, Electrical and Plumbing Codes of the Village of Spencerport.
E.
Owners of existing swimming pools without permits shall, within 30 days following the enactment of this chapter, file an application for a permit with the Building Department, showing compliance with this chapter or seeking a waiver of its terms pursuant to Subsection C; however, existing fences around pools need be no more than 3 1/2 feet high.
F.
A permit issued for a portable pool shall be valid for each subsequent reerection of the pool, provided that such reerection is in conformance with the provisions of the original permit.
G.
Lighting equipment shall be directed downward and toward the dwelling on the lot with the pool or provided with shielding devices so the light does not shine on adjacent lots. The application for the pool permit shall set forth the proposed type and location of lights.
H.
Only one pool shall be allowed per lot.
§ 340-16 Special use regulations.
A.
Application shall be made to the Zoning Board of Appeals for approval of any remodeling or construction of any types of dwellings in residential districts other than single-family, which approval by the Zoning Board of Appeals shall be in conformity with the following regulations:
(1)
For multiple-dwelling units in R3 Districts:
(a)
Applications for permission to alter, construct or remodel multiple-unit dwellings shall be made in duplicate and shall contain basic site data indicating boundaries of area, topographical conditions, locations of buildings, roadways and parking facilities, a description of construction materials to be employed on facades, a legal description of the land affected thereby, lighting and utility systems locations, recreational facilities, if any, an architectural rendering of the proposed buildings and a proposed completion date of development.
(b)
Required lot area: not less than 3,500 square feet per dwelling unit.
(g)
Off-street parking.
[1]
All parking shall be completely off the limits of any roadway, street or highway and in an improved and usable parking area.
[2]
There shall be two parking spaces for each dwelling unit.
[3]
Each off-street space shall consist of at least 200 square feet with a minimum width of 10 feet. In addition, space necessary for aisles, maneuvering and drives shall be provided and shall be arranged so as not to interfere with pedestrian or vehicular traffic on the roadways, streets, highways or sidewalks.
(h)
Minimum units per structure. No multiunit dwelling structure shall contain fewer than four living units, exclusive of living quarters furnished the janitor or caretaker thereof.
(i)
Maximum three-bedroom units per multiunit dwelling. No development shall contain more than one three-bedroom dwelling unit for every eight dwelling units in the development.
(j)
In addition to the foregoing, the Zoning Board of Appeals shall consider the following:
[1]
The spacing between buildings and orientation of building groups.
[2]
That a building group may not be so arranged as to make any building inaccessible to emergency vehicles.
[3]
The adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and facilities for waste disposal and illumination.
[4]
The adequate amount and suitable location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of the vehicular ways and parking space and to separate pedestrian walks, malls, public transportation and loading places from general vehicular circulation facilities.
[5]
The arrangement of buildings, vehicular circulation and open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
[6]
The adequate design of grades, paving gutters, drainage and treatment of turf to handle stormwaters, prevent erosion and formation of dust and prevent ponding of surface waters.
(k)
The Zoning Board of Appeals shall issue an approval, approval with modifications or conditions, or disapproval.
(l)
No building permit shall be issued by the community for the development of a multiple-dwelling district until the Building Inspector has been notified, in writing, by the Zoning Board of Appeals that it has reviewed and approved final plans for such development. Any amendment to a plan or changes in the same shall be reviewed and final plans approved by the Zoning Board of Appeals under this chapter. Final plans and drawings for a specific multiple-dwelling project which are approved shall be filed with the Building Inspector and shall become an official part of this chapter as it applies to multiple-dwelling districts. There shall be no deviation from these plans without the written approval of the Zoning Board of Appeals, and an official revision made on those plans and specifications shall be filed with the Building Inspector. No occupancy permit shall be issued until the Building Inspector certifies, in writing, that the development has been completed according to the final plans as authorized by the Zoning Board of Appeals. Such final plans shall bear the seal of a New York State registered architect or a professional engineer.
B.
The above limitations shall be minimum standards.
§ 340-17 Planned residential development.
A.
Statement of intent and objectives.
(1)
It is the intent of this section to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale residential neighborhoods or portions thereof may be developed within the Village that incorporate a variety of residential types and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood.
(2)
In order to carry out the intent of this section, a PRD may be utilized to achieve the following objectives:
(a)
A maximum choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential Village residents at all economic levels.
(b)
More usable open space and recreation areas.
(c)
More convenience in the location of accessory commercial and service areas.
(d)
The preservation of trees, outstanding natural topography and geologic features and the prevention of soil erosion.
(e)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
(f)
An efficient use of land, resulting in smaller networks of utilities and streets and thereby lower housing costs.
(g)
A development pattern in harmony with the objectives of the Master Plan.
(h)
A more desirable environment than would be possible through the strict application of other sections of this chapter.
B.
General requirements for planned residential developments.
(1)
Minimum area. Under normal circumstances, the minimum area required to qualify for a Planned Residential Development District shall be 25 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet with the objectives of this section, the Zoning Board of Appeals may consider projects with less acreage.
(2)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner, or jointly by owners, of all property included in a project. In the event that the tract is to be developed by someone other than the owner or in conjunction with the owner, the application shall also be filed by such other party. In the case of multiple ownership, the approved plan shall be binding on all applicants.
(3)
Location of the PRD district. The PRD district shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section.
(4)
Permitted uses. All uses within an area designated as a PRD district are determined by the provisions of this section and the approved plan of the project concerned.
(a)
Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types shall be deemed most in keeping with this section. However, 35% or more of the total number of dwelling units within any PRD shall be in single-family detached structures.
(b)
Commercial, service and other nonresidential uses may be permitted only where such uses are scaled primarily to serve the residents of the PRD and of the immediate neighborhood if, in the judgment of the Zoning Board of Appeals, the area is currently in need of such services.
(c)
Customary accessory or associated uses such as private garages, storage spaces, recreational and community activities, churches and schools shall also be permitted (or required) as appropriate to the PRD.
(5)
Intensity of land use. The Village Board shall determine in each case the appropriate land use intensity or dwelling-unit density for individual projects.
(6)
Common property in the PRD. "Common property" in a PRD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, arrangements satisfactory to the Zoning Board of Appeals must be made for the improvements, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
C.
Planned residential development application procedure and zoning approval process.
(1)
General. Whenever any planned residential development is proposed, before any permit for the erection of a permanent building in such planned residential development shall be granted and before any subdivision plat or any part thereof may be filed in the office of the Monroe County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned residential development in accordance with the following procedures:
(2)
Application for sketch plan approval.
(a)
In order to allow the Zoning Board of Appeals and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Zoning Board of Appeals. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
[1]
The location of the various uses and their areas in acres.
[2]
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
[3]
Delineation of the various residential groups, indicating for each such grouping its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling-unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each such area.
[4]
The interior open space system.
[5]
The overall drainage system.
[6]
If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any. (NOTE: Maps showing soil areas and classifications for the towns and villages of Monroe County have been prepared by the Monroe County Planning Council and the Natural Resources Conservation Service. These maps designate general soil characteristics and are available for inspection at the Village Hall or the County Office Building. Where a potentially significant development problem exists, a special on-site investigation should be conducted.)
[7]
Principal ties to the community at large with respect to transportation, water supply and sewage disposal.
[8]
A general description of the provisions of other community facilities, such as schools, fire-protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
[9]
A location map showing uses and ownership of abutting lands.
(b)
In addition, the following documentation shall accompany the sketch plan:
[1]
Evidence of how the developer's particular mix of residential uses meets existing community demands.
[2]
Evidence that the proposal is compatible with the goals of the official Master Plan, if any.
[3]
A general statement as to how the common open space is to be owned and maintained.
[4]
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.
[5]
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
[6]
A statement relating to an estimated completion schedule.
(c)
The Zoning Board of Appeals shall review the sketch plan and its related documents and shall render either a favorable report to the Village Board or an unfavorable report to the applicant. The Zoning Board of Appeals may call upon the County Planning Council, the Natural Resources Conservation Service and any other public or private consultants that it feels are necessary to private a sound review of the proposal.
[1]
A favorable report shall include a recommendation to the Village Board that a public hearing be held for the purpose of considering PRD districting. It shall be based on the following findings, which shall be included as part of the report:
[a]
The proposal conforms to the Master Plan.
[b]
The proposal meets the intent and objectives of the planned residential development as hereinabove expressed.
[d]
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements, both absolutely and to one another.
[e]
There are adequate services and utilities available or proposed to be made available in the construction of the development.
[2]
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for PRD districting with the Village Clerk. The Village Board may then determine on its own initiative whether or not it wishes to call a public hearing.
(d)
The Chairman of the Zoning Board of Appeals shall certify when all of the necessary application material has been presented, and the Zoning Board of Appeals shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if a favorable report were given to the Village Board.
(3)
Application for PRD districting.
(a)
Upon receipt of a favorable report from the Zoning Board of Appeals or upon its own determination subsequent to an appeal from an unfavorable report, the Village Board shall set a date for and conduct a public hearing for the purpose of considering PRD districting for the applicant's plan, in accordance with the procedures established under §§ 7-706 and 7-708 of the Village Law or other applicable law, said public hearing to be conducted within 62 days of the receipt of the favorable report or the decision on appeal from an unfavorable report.
(b)
The Village Board shall refer the application to the County Planning Council for its analysis and recommendations, and the Village Board shall also refer the application to the Village Engineer for his review.
[1]
The Village Board shall render its decision within 62 days of the public hearing or within 15 days of receipt of the County Planning Council report, whichever is greater.
[2]
The Village Engineer shall submit a report to the Village Board within 30 days of the referral, duly noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Village Engineer may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
(4)
Zoning for planned residential developments. If the Village Board grants the PRD districting, the Zoning Map shall be so notated. The Village Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems, both vehicular and pedestrian; availability of sites within the area for necessary public services, such as schools, firehouses and libraries; protection of natural and/or historic sites; and other such physical or social demands. The Village Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in Subsection B(5).
D.
Site plan approval process.
(1)
Application for preliminary site plan approval. Application for preliminary site plan approval shall be to the Zoning Board of Appeals and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect, with appropriate seal affixed:
(a)
An area map 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.
(b)
A topographic map showing contour intervals of not more than five feet of elevation.
(c)
A preliminary site plan, including the following information:
[1]
The title of the drawing, including the name and address of the applicant.
[2]
The North point, scale and date.
[3]
Boundaries of the property plotted to scale.
[4]
Existing watercourses.
[5]
A site plan showing the location, proposed use and height of all buildings; the front, side and rear setback of all buildings; the location of all parking and truck loading areas, with access and egress drives thereto; the location and proposed development of all open spaces, including parks, playgrounds and open reservations; 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 method of sewage disposal and 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 building area proposed for nonresidential uses, if any.
(d)
A tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.
(e)
Storm drainage calculations justifying the sizing of the proposed drainage system and the capabilities of the receiving stream or piping system.
(2)
Factors for consideration.
(a)
The Zoning Board of Appeals's 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 separation of pedestrian 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.
[4]
The location, arrangement, size and design of buildings, lighting and signs.
[5]
The relationship of the various uses to one another and their scale.
[6]
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
[7]
In the case of apartment houses or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation.
[8]
The adequacy of stormwater and sanitary waste disposal facilities.
[9]
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
[10]
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
[11]
The conformance with other specific charges of the Village Board which may have been stated in the zoning resolution.
(b)
In its review, the Zoning Board of Appeals may consult with the Village Engineer and other Village 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. The Zoning Board of Appeals may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
(3)
Action on preliminary site plan application.
(a)
Within 62 days of the 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 sixty-two-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 or not the preliminary site plan is approved. A copy of the appropriate minutes of the Zoning Board of Appeals shall be a sufficient report.
(b)
The Zoning Board of Appeals's statement may include recommendations as to desirable revisions to be incorporated into the final plan, conformance with such recommendations to be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the zoning proceedings.
(c)
If the preliminary site plan is disapproved, the Zoning Board of Appeals's statement shall contain the reasons for such findings. In such a case, the Zoning Board of Appeals may recommend further study on the site plan and resubmission of the preliminary site plan to the Zoning Board of Appeals after it has been revised or redesigned.
(d)
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 moderate to high susceptibility to erosion or excavation for 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 this chapter, and where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
(4)
Request for changes in the sketch plan. If in the site plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the Village Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Zoning Board of Appeals as his preliminary site plan, in accordance with the above procedures. The Zoning Board of Appeals shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Zoning Board of Appeals shall so notify the Village Board, stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Village Board.
(5)
Application for final detailed site plan approval.
(a)
After receiving 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 final approval, except that if more than 12 months have 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 and/or the Village Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(6)
Action on the final detailed site plan application. Within 62 days of the receipt of the application for final site plan approval, the Zoning Board of Appeals shall render a decision to the applicant and so notify the Village Board. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved.
(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 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. The Zoning Board of Appeals shall also notify the applicant and the Village Board, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
(7)
Staging. If the applicant wishes to stage his development, and he has so indicated as per Subsection C(2)(b)[4], then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. At no point in the development of a PRD shall the dwelling-unit ratios between the several different housing types for that portion of the PRD completed and/or under construction differ from that of the PRD as a whole by more than 20%.
E.
Other regulations applicable to planned residential developments.
(1)
Regulation after initial construction and occupancy. For the purposes of the regulation, development and use of property after initial construction and occupancy, any changes shall be processed as a special permit request to the Zoning Board of Appeals. It shall be noted, however, that properties lying in Planned Residential Development Districts are unique and shall be so considered by the Zoning Board of Appeals when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
(2)
Site plan review. Site plan review under the provisions of this section shall suffice for Zoning Board of Appeals review of subdivisions under the Village Subdivision Regulations,[1] subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Monroe County Clerk, in addition to those drawings required above.
(b)
The developer shall plat the entire development as a subdivision; however, PRDs being developed in stages may be platted and filed in the same stages.
[1]
Editor's Note: The subdivision regulations are on file in the office of the Village Clerk.
F.
Financial responsibilities. No building permit shall be issued for construction within a PRD district until all improvements are installed or a performance bond is posted in accordance with the same procedures as provided for in § 7-730 of the Village Law. No building permit shall be issued for construction within a PRD district until the developer shall present to the Zoning Board of Appeals written evidence, satisfactory to the Zoning Board of Appeals, that the developer has the requisite financial resources to complete and maintain the project.
H.
Design and construction standards.
(1)
All project site work and improvements shall be designed and constructed and, if not dedicated, maintained so as to conform to the Design Criteria and Construction Specifications For Land Development of the Village of Spencerport,[2] as from time to time amended.
[2]
Editor's Note: Said specifications are on file in the office of the Village Clerk.
(2)
The New York State Uniform Fire Prevention and Building Code, as from time to time amended, shall be the minimum construction standard for structures in planned residential developments.