[Amended 5-23-2001 by L.L. No. 1-2001; 5-19-2004 by L.L. No. 2-2004; 6-15-2005 by L.L. No. 3-2005; 7-16-2008 by L.L. No.
4-2008; 1-15-2014 by L.L. No. 1-2014; 3-19-2014 by L.L. No. 4-2014; 9-20-2017 by L.L. No. 1-2017]
A.
There shall be a Consolidated Planning Board between the Town of
Naples and the Village of Naples, hereinafter referred to as the CPB.
(1)
Creation and membership of the Consolidated Planning Board.
(a)
The CPB shall consist of seven members and two alternate members.
(b)
Four members of the CPB shall be appointed by the Town Board
and three members shall be appointed by the Village Board.
(c)
The Town Board shall appoint one alternate member of the CPB
and the Village Board shall appoint one alternate member of the CPB.
(d)
The initial terms of the Town Board appointments shall be for
terms of one, three, five, and seven years.
(e)
The initial terms of the Village Board appointments shall be
for two, four, and six years.
(f)
Upon the expiration of the terms of the initial appointees to
the CPB, successors shall be appointed by the respective Boards for
terms of seven years.
(g)
The terms of the members of the CPB shall begin on January 1
and shall end on December 31 of each year.
(h)
In the event of a vacancy occurring during a term, the appointment
of a replacement for that vacancy shall be for the remainder of the
term of the vacancy being filled.
(i)
Members appointed by the Town Board shall be replaced by the
Town Board. Members appointed by the Village Board shall be replaced
by the Village Board.
(j)
Any removal of a member of the CPB shall be done by the Board
appointing that member. Removal shall be done in accordance with the
provisions of Town Law § 271(9) or Village Law § 7-718(9)
as the case may be.
(2)
Powers and duties.
(a)
The CPB shall have all the powers, duties, and responsibilities
as are prescribed by the Code of the Town of Naples, the Code of the
Village of Naples, Article 16 of the Town Law, Article 7 of the Village
Law, and any other applicable laws or regulations, all as may be amended
or superceded from time to time.
(b)
Any reference to the term "Planning Board" in the Code of the
Village of Naples shall hereafter be interpreted to mean the CPB.
(3)
Alternate members.
(a)
An alternate member may be substituted for one or two members
of the CPB in the event of a conflict of interest on the part of such
member(s) or in the event of the lack of a quorum of members of the
CPB. The substitution of an alternate member to the CPB shall be made
by the Chairperson of the CPB. The provisions of Town Law § 271(15)
or § 7-718 of the Village Law shall apply to such alternate
members, depending upon the authority which appointed the alternate
member.
(b)
In the event of the substitution of an alternate member for
the CPB, such alternate member shall not participate in any vote taken
by the CPB unless that alternate member has first duly reviewed all
of the records, documentation and minutes of previous proceedings
pertaining to the matter being voted upon.
(c)
In providing for alternate members to sit in substitution of
members when a quorum is lacking, it is the intent of this section
to supersede the provisions of § 271 of the Town Law.
(d)
The Town Board of the Town of Naples shall appoint the Chairperson
of the CPB.
B.
Annual meeting, regular meetings and special meetings.
(1)
The annual or July meeting of the Planning Board shall
be devoted to the election of officers and other such business as
scheduled by the VPB.
(2)
The Planning Board shall meet on at least a monthly
basis at a date and time to be established by the Chairperson of the
Board.
(3)
Special meetings shall be held at a time and place
designated by the Chairman or the Vice Chairman in the absence of
the Chairman. Verbal or written notice shall be given to all members
not less than seven days in advance thereof.
D.
Quorum; voting.
(1)
A quorum shall consist of three out of five members
for the purpose of voting on matters within the jurisdiction of the
Planning Board. No action shall be taken in the absence of a quorum.
(2)
Voting shall be done by voice, with each member attending
entitled to cast one vote. In the event that any member present has
a personal interest of any kind in the matter being voted on, he shall
recuse himself from voting on that matter and the Secretary shall
so record said action in the minutes. A majority vote of the Board
shall be necessary for the adoption of any proposed action, recommendation,
or other voting matter.
E.
Chairman and Vice Chairman and their duties. The officers
of the Planning Board shall consist of the Chairman and the Vice Chairman,
both elected at the annual meeting, approved by the Village Board
of Trustees, each of whom shall serve a one-year term.
G.
Recommendations to the Village Board of Trustees.
Prior to making recommendations to the Village Board of Trustees regarding
amendments to this chapter, the Planning Board shall send these recommendations
to the Ontario County Planning Board (OCPB) for review. The OCPB shall
return its input to the VPB with acceptance with modifications or
denial. The OCPB's input will be taken into consideration for the
review process.
H.
VBT referrals to the Village Planning Board. Should
the VBT receive a request for any chapter or district change which
it wishes to consider, it shall refer the request to the VPB for review.
K.
Official signature. The signature of the Planning
Board Chairman or Acting Chairman shall be required upon all official
documents.
[Amended 5-17-2000 by L.L. No. 1-2000; 9-15-2004 by L.L. No. 3-2004]
A.
Site plan approval shall be required prior to the
issuance of building permits for new construction on vacant land or
prior to the construction of additions to all existing buildings (but
not to include single-family dwellings in R-1 and R-2 Districts).
B.
The Code Enforcement Officer shall refer such site
plan applications to the Planning Board for review. No building permits,
as stated above, will be issued until the Planning Board has given
site plan approval.
[Amended 7-16-2008 by L.L. No. 4-2008]
C.
Public hearing; posting of sign.
[Amended 6-21-2006 by L.L. No. 2-2006; 11-18-2009 by L.L. No. 3-2009]
(1)
A
public hearing on the request for site plan approval shall be held
by the Planning Board. Prior to the hearing, the owner/applicant shall
be required to obtain from the Code Enforcement Officer a sign which
states in substance that the subject property is under review by either
the Planning Board or the Zoning Board of Appeals, as the case may
be. The sign must be posted upon the subject premises within five
days of the date upon which the applicant's application is deemed
to be complete. The sign must be posted in the front yard of the subject
premises in plain view, and must be maintained in an upright position
at all times so that it is readable by the public throughout the duration
of the application process. Placement of the sign shall be done in
accordance with the requirements of this Code. The failure of the
owner/applicant to observe these posting requirements shall result
in the denial of the application. The sign shall be removed by the
owner/applicant within five days of the filing of the final decision
with the Village Clerk.
(2)
In
addition, a legal notice of the public hearing shall be published
in a newspaper of local circulation at least five days prior to the
date of the hearing.
(3)
Notice
of the hearing shall be given to all owners of properties contiguous
to the subject parcel by first-class mail, which shall be mailed at
least 15 days prior to the date of the hearing, to the address of
the property owner(s) as appears from the most recent Village property
tax rolls. For the purpose of this section, "contiguous" shall include
those properties which adjoin the subject parcel in the center line
of a Village street.
[Added 1-15-2014 by L.L. No. 1-2014]
D.
When site plan review involves property that is within
500 feet of an adjacent municipality, as defined in § 239-nn
of the General Municipal Law, the Planning Board shall give notice
to the adjacent municipality by mail or electronic transmission to
the clerk of the adjacent municipality at least 10 days prior to any
hearing. Such adjacent municipality may appear and be heard.
[Added 7-16-2008 by L.L. No. 4-2008]
A.
Applications for site plan approval shall be made
in writing to and on forms provided by the Code Enforcement Officer.
All site plans shall be prepared by a New York State licensed engineer,
architect, landscape architect or surveyor and shall contain the following
information:
(1)
Map of the applicant's entire holding drawn to scale,
with North arrow.
(2)
Title of drawing, including name and address of applicant
and person responsible for preparing such drawing.
(3)
Where grades exceed 3%, a topographical map.
(4)
Grading, drainage and stormwater management plans,
showing watercourses and existing and proposed contours.
(5)
Location, proposed use and height of all buildings.
(6)
Location, design and construction materials of all
parking and truck loading areas, showing access and egress.
(7)
Provision for pedestrian access.
(8)
Location for outdoor storage, if any.
(9)
Location, design and construction materials of all
existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
(10)
Description of the method of sewage disposal
and location, design and construction materials of such facilities.
(11)
Location, size and design and construction materials
of all proposed signs.
(12)
Location and proposed development of all buffer
areas, including existing vegetative cover.
(13)
Location and design of outdoor lighting facilities.
(14)
General landscaping plan and planting schedule.
(15)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any state or county permits required for the project's execution,
and SEQR documents.
B.
In its review, the Planning Board may consult with
the Code Enforcement Officer, Fire Chief, Village Attorney or Engineer,
County Planning Board, and other local and county officials, as well
as with representatives of federal and state agencies.
C.
The Planning Board's decision on the site plan shall
be filed in the office of the Village Clerk within five business days
after such decision is rendered and a copy thereof mailed to the applicant.
D.
Upon approval of the site plan, the Planning Board
shall direct the Planning Board Chairman to endorse an official copy
of the site plan, provided that all required modifications have been
made to the site plan, as well as evidence that necessary permits
from all other agencies have been obtained. The Code Enforcement Officer
shall then be directed to issue the necessary building permits.
[Amended 7-16-2008 by L.L. No. 4-2008]
E.
No certificates of occupancy or certificates of completion
shall be issued until all improvements shown on the site plan are
installed or a sufficient performance guarantee, approved by the Village
Board pursuant to § 7-730, Subdivision 9, of the Village
Law, has been posted for improvements. The sufficiency of such performance
guarantee shall be determined by the Planning Board after consultation
with the Code Enforcement Officer, Village Attorney or Engineer, or
other local officials prior to recommendation to the Village Board.
[Amended 7-16-2008 by L.L. No. 4-2008]
F.
No filling of lands, grading, removal of vegetation,
or excavation for construction of site improvements shall begin until
the applicant has received final site plan approval and the site plan
has been signed.
G.
In addition to the site plan application fee established
by the Village Board, costs incurred by the Planning Board for consultation
fees or other extraordinary expenses in connection with the review
of a site plan shall be charged and agreed to by the applicant prior
to granting of site plan approval.
H.
Site plan approval will automatically terminate one
year after the same is granted unless significant work has been done
on the project.
I.
Where it is deemed appropriate, the Village Planning
Board may waive any requirements for the approval, approval with modifications
or disapproval of site plans submitted for approval. Such waiver may
be exercised by the Planning Board in the event that any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site plan.
A.
Authority for review. The Planning Board of the Village
of Naples is authorized and empowered to review and approve, approve
with conditions, or deny applications for special use permits pursuant
to this chapter.
B.
Application. Application for a special use permit
pursuant to this chapter shall be made in writing to the Village of
Naples Code Enforcement Officer on forms provided by said Code Enforcement
Officer. Said application shall be accompanied by eight copies (or
nine if referral to the Ontario County Planning Board is required
pursuant to the General Municipal Law § 239-m of the State
of New York) of all materials required herein and specified as follows:
(1)
A plan prepared and stamped by an engineer, surveyor,
or landscape architect licensed to practice in and by the State of
New York showing property boundaries, including bearings and distances,
and the location of all existing buildings, structures, woods, watercourses,
easements, roads, driveways, parking areas, and utilities.
(2)
A sketch plan, conforming to the requirements of this
chapter, showing all changes proposed to the property to accommodate
the special use. Said plan shall outline the extent of grading proposed
and any wooded areas or trees which shall be required to be destroyed
during construction.
(3)
An environmental assessment form (EAF) pursuant to
the State Environmental Quality Review Act as codified in the Environmental
Conservation Law of the State of New York.[1] The applicant shall submit said EAF with Section 1 filled
out, signed and dated, accompanied by any supporting documentation
or materials as may be required.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
(4)
An analysis of the traffic-generating capacity of
the proposed use.
(5)
An analysis of the impact of the special use on adjacent
properties, including but not limited to noise, traffic, aesthetics,
property values, scenic views, and historic properties or resources.
C.
Referral to Planning Board and notification of property
owners.
(1)
Each application for a special use permit, including
all supporting materials as required herein, shall be referred to
the Planning Board by the Code Enforcement Officer at least 10 days
prior to the regular monthly meeting of the Planning Board.
(2)
Public hearing; posting of sign.
[Amended 9-15-2004 by L.L. No. 3-2004; 6-21-2006 by L.L. No. 2-2006; 11-18-2009 by L.L. No.
3-2009]
(a)
A public hearing shall be held by the Planning Board. Prior to the
hearing, the owner/applicant shall be required to obtain from the
Code Enforcement Officer a sign which states in substance that the
subject property is under review by either the Planning Board or the
Zoning Board of Appeals, as the case may be. The sign must be posted
upon the subject premises within five days of the date upon which
the applicant's application is deemed to be complete. The sign must
be posted in the front yard of the subject premises in plain view,
and must be maintained in an upright position at all times so that
it is readable by the public throughout the duration of the application
process. Placement of the sign shall be done in accordance with the
requirements of this Code. The failure of the owner/applicant to observe
these posting requirements shall result in the denial of the application.
The sign shall be removed by the owner/applicant within five days
of the filing of the final decision with the Village Clerk.
(b)
In addition, a legal notice of the public hearing shall be published
in a newspaper of local circulation at least five days prior to the
date of the hearing.
(3)
When an application for a special permit involves
property that is within 500 feet of an adjacent municipality, as defined
in § 239-nn of the General Municipal Law, the Planning Board
shall give notice to the adjacent municipality by mail or electronic
transmission to the clerk of the adjacent municipality at least 10
days prior to any hearing. Such adjacent municipality may appear and
be heard.
[Added 7-16-2008 by L.L. No. 4-2008]
(4)
The Code Enforcement Officer shall issue no permits
concerning the property being the subject of the special use permit
application until final action on the special use permit has been
taken by the Planning Board.
D.
Public hearing and final report.
(1)
The Planning Board shall hold a public hearing on
the requested special use permit within 62 days after the receipt
or referral of the application by the Planning Board. Date of receipt
shall be considered the first monthly meeting of the Planning Board
following submission of the application. The notice of public hearing
shall be made in accordance with the Village Law of the State of New
York.
(2)
Within 62 days after the date of the hearing, the
Planning Board shall approve with or without modifications or deny
the special use permit. This time may be extended upon mutual consent
of the Planning Board and the applicant.
(3)
The Planning Board shall by resolution and in writing
state any changes or modifications in the submitted plans necessary
for approval of a special use permit.
(4)
A site plan review shall be required of all special
uses. The applicant may choose to submit materials required for a
site plan review either simultaneous with the application for a special
use permit or after approval, with or without conditions, has been
received from the Planning Board.
E.
Existing violations. The Planning Board may require
the termination of an existing violation of this chapter before approving
a special use permit application.
F.
Expiration. A special use permit shall be deemed to
authorize only one particular special use and shall expire if the
special use shall cease for more than one year for any reason.
G.
General conditions and standards for all special uses.
(1)
The use will not be detrimental in any way to the
health, safety, and welfare of the residents of the Village of Naples.
(2)
The proposed use will be in harmony with the existing
development of the neighborhood in which premises is situated.
(3)
The proposed use will not be detrimental to residents
of the neighborhood in which the use is situated or cause a substantial
decrease in the value of surrounding properties.
(4)
The proposed use will not cause an undue increase
in the Village population or result in an undue concentration of residents
in any one area.
(5)
The proposed use will not create any substantial increase
in traffic volume and shall be located on or have direct access to
public highways of sufficient size, volume and construction to accommodate
safely and adequately, without congestion, any projected traffic the
use may generate, along with the actual and projected traffic for
the area.
(6)
The orderly development of the Village will be ensured
and any proposed use shall not cause an increase in Village residents
or an influx of persons beyond that which can be adequately accommodated
by schools, highways and other governmental facilities and services,
giving due consideration to the general projected increase of Village
residents.
(7)
The proposed use and its facilities and appurtenances
will in no way, directly or indirectly, materially alter the ecology
or increase the euthrophication or in any other manner contribute
to the degrading and deterioration of the quality of water of Canandaigua
Lake and surrounding streams.
H.
Specific conditions for all special uses.
(1)
Adequate, safe and convenient arrangement of pedestrian
circulation facilities, roadways, driveways, off-street parking and
loading space, and facilities for waste disposal shall be provided.
(2)
Arrangement of buildings and vehicular circulation
open spaces so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic shall be provided.
(3)
Adequate illumination for all these areas shall be
provided.
(4)
Adequate design of grades, paving, drainage and treatment
of turf to handle stormwater, prevent erosion and formation of dust
shall be provided.
(5)
Signs and lighting devices must be arranged with respect
to traffic control devices and residential districts.
(6)
Outdoor lighting shall not be erected on structures
in excess of 35 feet above the ground level, shall only be focused
upon the premises which it is intended to serve, and shall be so shaded
that the direct light beams from the light source shall not glare
on neighboring properties.
(7)
For any industrial, commercial, or recreational use
which by its nature may be deemed to generate substantial noise, whether
by mechanical or musical devises or by public participation or any
other cause, the Planning Board may require such additional setbacks
from property lines and other arrangements as it may deem necessary
to ensure that said noise will not be detrimental or annoying to neighboring
properties.
(8)
In business or industrial development groups within
100 feet of residential districts, fences, walls, or year-round screening
planting when necessary to shield adjacent residential districts shall
be provided.
(9)
An official septic system inspection by the Village
Code Enforcement Officer for the proper size and working order shall
be required for any residential conversion from a single-family dwelling
to a two-family dwelling.
[Added 5-23-2001 by L.L. No. 1-2001]
I.
Waiver for the special use permit. Where it is deemed
appropriate, the Village Planning Board may waive any specific requirements
of a particular special use permit condition, for the approval, approval
with conditions and/or modifications or disapproval of a special use
permit application submitted for review. Said waiver may be exercised
by the Planning Board in the event that any requirements are found
not to be requisite in the interest of the health, safety and welfare
of the general public or inappropriate to a particular special use
permit.
[Added 5-23-2001 by L.L. No. 1-2001]
[Added 12-19-2007 by L.L. No. 1-2008]
Applications for site plan approval shall be
made in writing on forms provided by the Code Enforcement Officer.
A.
Preapplication meeting. Before applying for site plan
review, the applicant shall meet with the Code Enforcement Officer
and at least one member of the Planning Board and/or its designated
design consultant. This meeting will be scheduled after the applicant
has provided the Code Enforcement Officer with sufficient drawings,
photographs, written descriptions, catalog sheets, material samples,
etc., to clearly and fully communicate the design intent of the project.
Drawings may be in sketch form but should be detailed enough to accurately
present the concept. Information should include any proposed changes
to the site, including buildings, structures, objects, signs, pavement,
grading and plantings. All submitted documents should contain the
applicant’s name and contact information, project address and
submission date. All will be kept by the Code Enforcement Officer.
B.
Preliminary site plan review. Following the pre-application
meeting, the applicant shall submit whichever of the following documents
are needed to fully describe the project. Drawings should be at a
specific scale, either engineering (for example one inch equals 20
feet) or architectural (for example 1/4 inch equals one foot zero
inches). Each submitted page should be numbered and dated and should
include the applicant's name and contact information. The Code Enforcement
Officer will keep these documents.
(1)
Site plan showing any proposed buildings, structures,
outdoor storage areas, fences, retaining walls, freestanding walls,
signs, light poles, site furniture (such as benches and tables) and
other site accessories (such as bicycle racks and trash containers).
Show also any paved surfaces such as walkways, driveways, parking
lots and loading areas, with any decorative patterns, edge treatment,
pavers, control joints, expansion joints, etc. Show also any drains
or culverts.
(2)
Building first floor and roof plans.
(3)
Building elevations with materials noted. Show any
building-mounted signs, light fixtures, HVAC grilles, awnings, canopies,
roof penetrations (such as pipe vents), and screening of any mechanical
equipment, including rooftop units.
(4)
Fence and wall elevations, including any that screen
equipment, trash areas or loading areas.
(5)
Signage size, location, design and materials. Include
scaled drawings showing graphic layout, colors, type of illumination,
lumen levels, and supporting structures.
(6)
Samples and/or catalog sheets of building and site
materials and equipment. A sample of glass will be required if anything
other than clear is proposed. Information on exterior lighting should
include type of lamp, lumens and light spread.
(7)
Grading, drainage and stormwater management plans,
showing watercourses and existing and proposed contours. This information
may be incorporated into the site plan noted above.
(8)
Where grades exceed 3%, a cross-sectional drawing
of the site showing any substantial grade changes and the location
of any buildings, structures and/or objects.
(9)
Sewage disposal method and the location, design and
materials of the system.
(10)
Landscape plan with plants identified by quantity,
common name, Latin name, root ball size, initial caliper and mature
height. Show any proposed buffer areas, including any existing vegetation.
Also show any landscape lighting. This information may be incorporated
into the site plan noted above.
C.
Final site plan review. For this review, the applicant
shall submit any drawings and documents that supplement or modify
those from the prior submission. Any materials already submitted that
have not changed do not need to be resubmitted. For this final submission,
drawings shall be accurately drawn, dimensioned and annotated.
D.
Changes subsequent to Planning Board approval. Any
significant design change made to a project following final site plan
approval is subject to Planning Board review and approval prior to
the start of construction. Significant changes include, but are not
limited to, those that affect building style, windows and doors, materials,
pavement, signage, and mechanical or electrical equipment visible
from the public right-of-way and unscreened.
