[Amended 7-9-2007 by L.L. No. 2-2007]
A.
Word usage. Words used in the singular include the plural, and words
in the plural include the singular. The word "person" includes a corporation,
unincorporated association, and a partnership, as well as an individual.
The word "lot" includes "tract," "parcel" or "plot." To "erect," "construct"
and "build" shall have the same meaning. The word "structure" includes
"building" and shall be construed as if followed by the words "or
part thereof." The word "street" includes "road," "highway," and "lane";
while "watercourse" includes "drain," "ditch," and "stream." The word
"premises" includes a lot and all buildings or structures. The word
"may" is permissive or discretionary. The word "shall" is mandatory
and not discretionary.
B.
APPLICANT
ARCHITECT
BOARD or PLANNING BOARD
BOND
BUILDING PERMIT
CLUSTER DEVELOPMENT
CONDITIONAL APPROVAL OF A FINAL PLAT
CONSTRUCTION DETAIL
CUL-DE-SAC
DEDICATION
DEVELOPER
DRAINAGE DISTRICT
DRAINAGE EASEMENT or DRAINAGE RIGHT-OF-WAY
DRIVEWAY
EASEMENT
ENGINEER
ENGINEER FOR THE TOWN or TOWN ENGINEER
ENVIRONMENTALLY SENSITIVE AREA
ENVIRONMENTAL REVIEW
FINAL PLAT
FINAL PLAT APPROVAL
FLOODPLAIN
GRADING PLAN
IMPROVEMENTS
INDIVIDUAL SEWERAGE SYSTEM
LANDSCAPE ARCHITECT
LETTER OF CREDIT
LOT
MAINTENANCE BOND
MONUMENT
MULTIPLE DWELLING
OFFICIAL MAP
OFFICIAL SUBMISSION DATE
OWNER
PARCEL
PARENT PARCEL
PEDESTRIAN ACCESS WALKWAY
PERFORMANCE BOND OR GUARANTY
PERMANENT HIGHWAY EASEMENT
PIN
PLANNING BOARD
PREAPPLICATION PROCESS
PRELIMINARY PLAT
PRELIMINARY PLAT APPROVAL
PRIVATE DRIVE
PRIVATE ROAD
RECORD STREET
RESUBDIVISION
RIGHT-OF-WAY
(1)
(2)
SETBACK
SKETCH PLAN
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
STREET
(1)
(2)
(3)
(4)
STREET PAVEMENT
SUBDIVIDER
SUBDIVISION
(1)
(2)
(3)
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURVEYOR
TOWN BOARD
TOWN DEVELOPMENT PLAN, COMPREHENSIVE PLAN, TOWN PLAN or MASTER
PLAN
WETLANDS
ZONING LAW
ZONING MAP
Definitions. Unless otherwise expressly stated, the following terms
shall, for the purposes of these regulations, have the meanings indicated:
The owner of land proposed to be subdivided, or his agent.
Proof of agency shall be required from the legal owner of the land
proposed to be subdivided. See the definition of "subdivider." Proof
of ownership shall be a copy of the deed submitted by the owner, or
a copy of the deed and a letter of permission from the owner if submitted
by someone other than the owner.
A person licensed as an architect by the State of New York.
The Town of Naples Planning Board created pursuant to § 271
of the Town Law of New York State.
Any form of security including a cash deposit, surety bond,
collateral, property, or letter of credit in an amount and form satisfactory
to the Town Board. All bonds shall be approved by the Town Board wherever
a bond is required by these regulations, or as a condition imposed
by the Planning Board.
An authorization issued by the Town Building Inspector or
Code Enforcement Officer to commence work on a structure in accordance
with approved plans and specifications and in compliance with the
New York State Uniform Fire Prevention and Building Code.[1]
A subdivision plat or plats, approved pursuant to this article,
in which the applicable zoning district regulations are modified to
provide an alternative permitted method for the layout, configuration
and design of lots, buildings and structures, roads, utility lines
and other infrastructure, parks and landscaping in order to preserve
the natural and scenic qualities of open lands.
Approval by the Planning Board of a final plat subject to
conditions set forth by the Planning Board in a resolution conditionally
approving such plat. Such conditional approval does not qualify a
final plat for recording nor authorize issuance of any building permits
prior to the signing of the plat by a duly authorized officer of the
Planning Board and recording the plat in the office of the Ontario
County Clerk.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision pursuant to the requirements of these regulations.
A minor street having but one end open to traffic and pedestrian
access, and the other end being permanently terminated by a vehicular
turnaround.
The deliberate unconditional appropriation of real property
by its owner for any general public use, as with the dedication of
a street. Offers of dedication are subject to approval by the Town
Board and/or the Highway Superintendent.
An individual, partnership or corporation or agent thereof
holding title to a parcel of land, commencing construction or land
disturbance, or applying for permit(s) to develop land. Commitments
and/or requirements for development of land based upon subdivision
plat approval or in conjunction with other zoning approvals by the
Town of Naples Planning Board are solely between the Town of Naples
and the developer.
A special district established or extended pursuant to the
Town Law of New York State for the purpose of constructing or maintaining
stormwater drainage facilities.
The lands or easements required for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
An undedicated passage providing vehicular ingress and egress
from a principal structure and/or the accessory structures on a lot,
across such lot directly to a street, private drive or private road,
without passing across any portion of another lot.
Authorization granted by a property owner for the use by
another of any designated part of the owner's property for a
specified purpose and not inconsistent with the general property rights
of the owner.
A person licensed as a professional engineer (P.E.) by the
State of New York.
The duly designated engineer working on behalf of the Town
of Naples.
Land or land features critical to the maintenance of ecosystems.
See "State Environmental Quality Review (SEQR)."
A drawing prepared in a manner prescribed by these regulations
that shows a proposed subdivision, containing additional details to
be shown on a preliminary plat, if any, required by the Planning Board
at the time of preliminary plat approval.
The signing of a plat in final form by a duly authorized
officer of a Planning Board pursuant to a Planning Board resolution
granting final approval to the plat or after conditions specified
in a resolution granting conditional approval of the plat are completed.
Such final approval qualifies the plat for recording in the office
of the Ontario County Clerk.
Areas subject to a one-percent-or-greater chance of flooding
in any given year, as shown on the United States Department of Housing
and Urban Development (HUD) Flood Insurance Rate Map.
A plan showing all present and proposed grades for stormwater
drainage, roads, and final site design.
Those physical additions and changes to the land that may
be necessary to produce functional lots, including but not limited
to grading, paving, curbing, fire hydrants, water mains, sanitary
sewers and drains, sidewalks, pedestrian access walkways and required
plantings which may or may not be offered for dedication.
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage or other liquid wastes into
the soil of the lot.
A person licensed as a landscape architect by the State of
New York.
A letter taken out by the developer from a bank which guarantees
the Town that a specific amount of money will be kept available for
the completion of construction of facilities to be dedicated. This
security can be drawn on only by the Town and guarantees that certain
or all improvements will be made in accordance with the approved plans.
A piece, parcel, or plot of land or other real property identified
by legal description and/or tax account number which is filed or proposed
to be filed in the office of the Ontario County Clerk.
Any security in a form acceptable to the Town which states
that a certain amount of money as prescribed by the Town Board will
be paid to the Town in order to repair or maintain certain utilities
or other improvements which have been dedicated to and accepted by
the Town.
A permanent reference marker set at points as may be required
in this code.
A dwelling consisting of two or more separate living units.
The map, if any, established by the Town Board under § 270
of the Town Law of New York State showing the streets, highways, and
parks heretofore laid out, adopted, and established by law, and any
amendments thereto adopted by the Town Board or additions thereto
resulting from the approval of subdivision plats by the Planning Board,
acceptance of dedication by the Town Board, where appropriate, and
the subsequent filing of such approved plats in the office of the
Ontario County Clerk.
The date when a subdivision plat shall be considered submitted to the Planning Board, as provided in § 276 of the Town Law, and is hereby defined to be the date of the meeting of the Planning Board at which all required surveys, plans, and data described in accordance with Article VI of these regulations are submitted. The official submission date shall in no instance be prior to the date when all relevant procedures have been completed under the New York State Environmental Quality Review Act,[2] where applicable.
Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under these regulations.
An area or land delineated as a contiguous unit by a tax
map approved by the New York State Board of Equalization and Assessment
or by a metes and bounds description.
A parcel of land as it existed on the effective date of these
regulations.
A right-of-way, municipally or privately owned, which cuts
across a block or lot to furnish access for pedestrians to adjacent
streets or properties.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements, and other
instruments acceptable in form to the Town. These bonds state that
a certain amount of money as determined by the Town Board will be
paid to the Town on demand to be used for constructing or completing
certain utility or other improvements in the event that the developer
has not constructed nor completed said utilities or other improvements
in a timely or other manner acceptable to the Town.
A strip of land adjacent to all existing street right-of-way
used for any public purpose. The front lot line shall be considered
to be coincident with the permanent highway easement boundary. Front
setbacks and other necessary lot measurements shall be measured from
the permanent highway easement line. Where there is no requirement
for a permanent highway easement, the front line shall be considered
to be coincident with the existing right-of-way line, with front setbacks
and any other necessary lot measurements being measured from the existing
right-of-way line.
A three-quarter-inch metal reference marker a minimum of
30 inches in length set at final grade as may be required in this
code.
The Town of Naples Planning Board as established pursuant
to the provisions of Article 16 of the Town Law of New York State.
An informal meeting between the Town Planning Board and a
subdivider to develop an understanding of the general design and layout
of the subdivision. Matters to be discussed include Town policies
and procedures on the subdivision of land, a timetable for review,
general agreement concerning the project design and on the statement
of intent of the proposed subdivision. This often occurs coincidentally
with the review of a sketch plan.
A drawing prepared in a manner prescribed by these regulations
showing the layout of a proposed subdivision including, but not restricted
to, road and lot layout and approximate dimensions, key plan, topography
and drainage, all proposed facilities unsized, including preliminary
plans and profiles, at a suitable scale and in sufficient detail.
The approval of the layout of a proposed subdivision as set
forth in a preliminary plat but subject to the approval of the plat
in final form in accordance with these regulations.
An undedicated private right-of-way used as ingress and egress
serving up to four lots, which are not fronting on a dedicated road
or street. Private drives are not eligible for dedication to the Town.
An undedicated private right-of-way used as ingress and egress
to five or more lots.
A map or plat which provides information concerning the actual
location of improvements as built.
The alteration of any lot lines or dimensions of any lots
or sites, including consolidation, shown on a plat previously approved
and filed in the office of the Ontario County Clerk.
PRIVATE RIGHT-OF-WAYPortions of a lot or lots owned by an individual or individuals or a nonpublic agency, entity or organization which are occupied, or intended to be occupied, by transmission mains, gas pipe lines, rails, private drive or private road or any combination thereof.
PUBLIC RIGHT-OF-WAYLands owned or otherwise legally occupied by a public municipality or agency for use as a street or for other public purpose.
The required space between any street line and the wall of
the main structure, including any attachment thereto, with the exception
only of cornices or entrance steps.
A drawing prepared in accordance with Article VI of these regulations showing in general form the manner in which a parcel of land is to be subdivided and/or developed.
A formal review pursuant to Part 617 of the New York Code
Book of Rules and Regulations[3] which encourages productive and enjoyable harmony between
man and his environment and enhances human and community resources;
and to enrich the understanding of the ecological systems, and natural,
human and community resources important to the people of the Town
of Naples.
Any dedicated statutory or otherwise acquired public highway,
avenue, road, lane, alley, thoroughfare, boulevard or other way which
is used for the passage of vehicular or pedestrian traffic, including
the entire width of the right-of-way thereof. For the purpose of these
regulations, streets shall be classified as follows:
PRIMARY STREETS or MAJOR THOROUGHFARESDedicated major roads intended as a route for traffic between other major roads, communities, shopping centers, or other such major generators. Major thoroughfares can usually serve to collect traffic from minor roads.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
LOCAL STREETSThose which are used primarily for access to the abutting properties.
ALLEYSMinor ways which are used primarily for vehicular service to the back or the side of lots otherwise abutting on a street.
The wearing or exposed surface of the roadway used by vehicular
traffic.
Any person, association, corporation, partnership, or agent
thereof, proposing subdivision as defined herein.
The division of any parcel of land into lots, blocks or sites,
with or without streets, roads or drives, for purposes of conveyance,
improvement, sale or rent, or offering for sale or lease for any period
of time, whether such lots, blocks or sites are described by metes
and bounds, by reference to a map, survey of the property or by any
other method of description, and regardless of whether the lots, blocks
or sites are contiguous.
A lot consisting of 20 or more acres shall be exempt from certain subdivision approval requirements; provided that no remaining lots from the parent parcel are less than 20 acres; that the subdivision involves no new streets, roads, drives or improvement districts; and that the subdivision complies with the dimensional requirements of Chapter 132, Zoning. However, lots of 20 acres or larger shall not be exempt from the local filing requirement provisions of Town Law, Real Property Law, and this chapter requiring the preparation and submission of a subdivision plat map for stamp and signature by the Planning Board Chairman prior to plat filing with the office of the Ontario County Clerk.
The term "subdivision" shall also include any alteration of
lot lines or dimensions of lot lines or dimensions of any lots shown
on a plat previously approved and filed in the office of the Ontario
County Clerk, other than correction of mathematical or scribner errors.
Any subdivision not classified as a minor subdivision under
these regulations.
Any subdivision of four lots or less fronting on an existing street or highway, not involving any new streets or highways nor the creation or extension of municipal facilities or improvement districts and, in the opinion of the Planning Board, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, or Chapter 132, Zoning, of the Town of Naples.
A person licensed as a land surveyor by the State of New
York.
The municipal governing board of the Town of Naples.
A composite of the mapped and written proposals recommending
the physical development of the Town prepared by the Planning Board
pursuant to § 272-a of the Town Law of New York State which
indicates the general locations recommended for various public works
and reservations and for the general physical development of the Town
and includes any part of such plan separately adopted and any amendment
to such plan or parts thereof.
Freshwater wetlands, including lands and submerged lands,
commonly called marshes, swamps, sloughs, bogs, and flats, supporting
aquatic and semiaquatic types identified in Article 24 of the New
York State Conservation Law.[4]
The officially adopted Zoning Law of the Town of Naples,
together with any and all amendments thereto.[5]
The officially adopted map of the Town of Naples which shows
the boundaries of the zoning districts.
