The Planning Board of the Village of Naples,
New York, has the power and authority to approve plats for subdivisions
within its corporate limits by virtue of a resolution adopted by the
Board of Trustees of the Village of Naples on the 16th day of December
2003 pursuant to the provisions of § 7-728 of the Consolidated
Village Laws of the State of New York (hereinafter referred to as
the "Village Law"). For the same purposes and by the same resolution
the Planning Board is also empowered to approve the development of
plats, entirely or partially undeveloped, which were previously filed
in the office of the Ontario County Clerk.
A.
The provisions contained herein shall apply to all
land within the corporate limits of the Village of Naples. All divisions
of land within the Village of Naples shall be designed and submitted
for approval in compliance with the standards and procedures set forth
herein.
B.
No lot, tract or parcel of land shall be divided or
subdivided and no street, driveway, individual sewage system, storm
sewer, water main or other improvement in connection therewith shall
be laid out, constructed, or opened for public travel or for the common
use of the occupants of buildings abutting thereon except in strict
accordance with the provisions of this chapter.
C.
All plats for division of lots, tracts or parcels
of land shall be submitted to the Planning Board and receive final
plat approval as described in these regulations and Village Law before
they shall be recorded in the office of the Ontario County Clerk.
D.
Any change to a plat previously recorded in the office
of the Ontario County Clerk requires the approval of the Planning
Board in accordance with these regulations.
These regulations are adopted for the following
purposes:
A.
To protect, create, and provide for conditions favorable
to the public health, safety and general welfare;
B.
To guide future growth and development in accordance
with established standards and sound planning principles as may be
further set forth in the Village of Naples Strategic Plan, a Comprehensive
Guidebook;
[Amended 7-16-2008 by L.L. No.
4-2008]
C.
To preserve the character and the social and economic
stability of the community through encouraging orderly and beneficial
development;
D.
To secure safety from fire, flood, erosion and other
danger;
E.
To prevent overcrowding of the land and undue congestion
of population;
F.
To ensure that such public facilities as transportation,
water, sewerage, drainage, fire protection, schools, parks, playgrounds
and recreation areas are available and will have sufficient capacity
to serve lands proposed for development and, in the event that such
facilities are deficient, that they are then provided for;
G.
To provide for the most beneficial relationship between
land, buildings and the circulation of traffic, having particular
regard to the avoidance of congestion of streets and highways and
hazards to pedestrian and vehicular traffic;
H.
To protect and conserve the value of land, buildings
and improvements, and to minimize potential conflicts among the uses
of neighboring land and buildings;
I.
To establish design standards and procedures for the
subdivision of land and to ensure proper legal descriptions and monumentation
of subdivided land;
J.
To preserve and enhance the human and community resources
of the area by preventing damage to the environment as a result of
development;
K.
To preserve the natural beauty and topography of lands
by fostering appropriate development which shows special regard for
the protection of environmentally sensitive areas; and
These regulations shall be known and may be
cited as the "Village of Naples Land Subdivision Regulations."
A.
Other local regulations. These regulations shall not,
nor are they intended to, nullify any more restrictive local regulations,
laws or ordinances in effect in the Village of Naples.
B.
Conflict with public and private provisions.
(1)
Public provisions. These regulations are not intended
to interfere with, abrogate, or annul any other ordinance, rule, regulation,
statute, or other provision of law. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision
of any local ordinance, regulation, or law, that provision which is
more restrictive or imposes the higher standard shall control.
(2)
Private provisions. These regulations are not intended
to annul or void any easement, covenant, or other private agreement
or restriction. The enforcement of any such provisions, whether or
not discussed in the subdivision review process, shall not be the
responsibility of the Planning Board.
C.
Pending actions. These regulations shall not be construed
as abating any action now pending under prior existing subdivision
regulations or as discontinuing, abating, modifying or altering any
penalty accruing or about to accrue, or as affecting the liability
of any person, association, or corporation, or as waiving any right
of the Board of Trustees of the Village of Naples under any section
or provision existing at the time of adoption of these regulations,
or as vacating or annulling any rights obtained by any person, association,
or corporation by lawful action of the municipality except as shall
be expressly provided for herein.
If any part or provision of these regulations
or application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in all controversy in which such judgment shall
have been rendered and shall not impair the validity of the remainder
of these regulations or the application thereof to other persons or
circumstances.
A.
General enforcement.
(1)
A lot hereafter created by division of a larger tract
of land within the Village of Naples shall not be transferred or sold
and no building, zoning, or occupancy permit pertaining to such lot
shall be issued unless a subdivision plat which shows such lot and
which bears the final approval of the Planning Board has been duly
filed in the office of the Ontario County Clerk.
(2)
The subdivision of any lot or parcel of land by the
use of a metes and bounds description for the purpose of sale, transfer
or lease, with the intent of evading these regulations, shall not
be permitted.
B.
Violations. Any person, association or corporation
failing to comply with or violating any of these regulations shall
be guilty of an offense and subject to the penalties of that offense
or offenses as set forth in Village Law § 7-714.
C.
Civil enforcement. Appropriate actions and proceedings
may also be taken at law or in equity proceedings to prevent or cease
any violation of these regulations, to prevent unlawful conveyance
or construction, to recover damages, to restrain, correct or abate
a violation or to prevent illegal occupancy of a building structure
or premises. These remedies shall be in addition to the penalties
described above.
As used in these regulations, the following
terms shall have the meanings indicated:
A minor right-of-way providing vehicular access to the side
or rear of two or more properties and only serving as a secondary
means of access.
The owner of land proposed to be subdivided or developed
or his agent.
A person licensed as an architect by the State of New York.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of other municipalities.
Any form of security, including a cash deposit, surety bond,
collateral, property, or letter of credit, in an amount acceptable
to the Village Board of Trustees and form satisfactory to the Village
Attorney.
A manner of designing subdivisions whereby lots are more
densely concentrated than would generally be permitted by the Zoning
Law, provided that when taken as a whole the density within the subdivision
is no greater than that permitted by the Zoning Law. The purposes
of such a design are to enable and encourage the development of land
in such a manner as will promote the most appropriate use of the land,
will facilitate the adequate and economical provision of streets and
utilities, and will preserve the natural and scenic qualities of open
lands.
The Village official responsible for enforcement of local
ordinances and laws.[1]
Any development or improvement the purpose of which is to
benefit the common interests of the residents of the Village or the
residents of a particular portion of the Village.
The approval by the Planning Board of a final plat subject
to conditions set forth in a resolution. Such conditional approval
does not qualify a final plat for recording in the office of the Ontario
County Clerk.
The maps or drawings accompanying a subdivision plat showing
the specific location, size and design of all subdivision improvements.
An agent acting for the developer to construct the required
improvements of the project. The contractor is responsible to perform
the work in conformance with these requirements subject to the approval
of Village officials.
An individual, partnership or corporation or agent thereof
holding title to a parcel of land and applying for permits to develop
land.
The division of any parcel of land into two or more parcels
or lots.
A lot having at least two boundaries abutting separate streets
which do not intersect.
A special improvement district established or extended for
the purpose of constructing and maintaining stormwater drainage facilities.
Easements required for the installation or periodic maintenance
of stormwater sewers, drainage ditches or detention facilities providing
for the flow of water therein to safeguard the public and the environment
against danger from flood or erosion.
A corridor of suitable grade, width and stability providing
safe and adequate pedestrian and vehicular access to a lot and the
structures thereon from an intersecting public right-of-way.
A person licensed as professional engineer (PE) by the State
of New York.
The signature of the Planning Board Chairman upon an approved
final plat pursuant to a resolution of the Planning Board approving
or conditionally approving the final plat.
A drawing showing the layout of a proposed subdivision and containing in such detail as is described in §§ 315-13 and 315-14 of these regulations all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board when approving the preliminary plat.
Land in a floodplain subject to a one-percent or greater
chance of flooding in any given calendar year.
Areas adjoining a watercourse which are flooded as a result
of a severe combination of meteorological and hydrologic conditions.
The channel and those parts of the adjoining floodplain which
are required to carry and discharge floodwater and which may not be
obstructed without unduly raising upstream water levels.
A topological drawing showing all present and proposed elevation
contours at such intervals of elevation as are required herein.
Those physical additions and changes to the land, whether
or not offered for dedication, that are designed to produce functional
lots. Improvements include, but are not limited to, grading, paving,
curbing, fire hydrants, water mains, individual sewage disposal systems,
stormwater sewers, ditches, ponds and culverts, driveways, sidewalks,
crosswalks, and required plantings.
An independent system of piping, tanks or other facilities
serving a lot and disposing of sewage or other liquid wastes into
the soil of the lot.
An agent of the Village empowered to inspect the progress
of the project and compliance of the construction with the approved
plats and specifications. Also see "Code Enforcement Officer" and
"Village Engineer."
A right-of-way for pedestrian use extending from a street
into a lot or across a block to another street.
An instrument issued by a bank which guarantees the availability
of funds in a specific amount for withdrawal by the Village and is
intended to guarantee the complete and satisfactory construction of
improvements in accordance with approved plats. Also see "bond."
A tract or parcel of land intended for transfer of ownership,
use or improvement.
Any lot line that has been altered 15 feet or less.
A permanent reference marker set at points as required herein.
The date upon which a subdivision plat shall be considered
submitted to the Planning Board and which is hereby limited to dates
upon which there is held a scheduled Planning Board meeting.
Any person, group of persons, association, partnership, corporation
or other legal entity having legal title to or sufficient proprietary
interest in the land sought to be subdivided or developed under these
regulations.
An area of land delineated as a contiguous unit by a tax
map approved by the New York State Board of Real Property Services.
[Amended 7-16-2008 by L.L. No.
4-2008]
A parcel, combination of parcels, or tract from which two
or more derivative parcels or lots are created by division.
That portion of a street or alley intended for vehicular
use which consists of a hard surface.
A strip of land adjacent to an existing street right-of-way
line used for a public purpose. The front lot line shall be considered
to be coincident with the permanent highway easement boundary. Where
there is no requirement for a permanent highway easement, the front
lot line shall be considered to be coincident with the existing right-of-way
line.
A metal reference marker set at points as required herein.
A drawing or set of drawings indicating the manner or layout
of a subdivision which is to be submitted for approval together with
all required improvements and appurtenances. Types of plats include
preliminary and final. Each type of plat requires a different level
of detail.
The approval of the Planning Board of a final or preliminary
plat set forth in a resolution. Plat approvals may include modifications,
and approvals of final plats may be conditional. A resolution of the
Planning Board approving a plat does not constitute final approval
and does not qualify a plat for recording in the office of Ontario
County Clerk. Also see "final approval."
A map, plan or plat which provides information concerning
the actual location of improvements as built.
Revision of all or part of an existing filed subdivision
plat, including consolidation of lots, annexation of land to lots
or any other alteration of approved lot boundaries.
A lot extending between and having frontage on a major traffic
street and minor traffic street and with vehicular access solely from
the latter.
PRIVATE RIGHT-OF-WAYLand owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipelines, rails or other special uses.
PUBLIC RIGHT-OF-WAYLand owned by public agencies for use as a street or other public purpose.
See "street."
A decision made by a lead agency under SEQR which establishes
the degree to which a proposed action is likely to affect the environment.
An informal plan to scale indicating existing features of a tract and its surroundings and the general layout of a proposed subdivision prepared in a manner consistent with § 315-10 of these regulations.
A formal review pursuant to Part 617 of the New York Codes,
Rules and Regulations which seeks to ensure a productive and enjoyable
harmony between man and his environment and promotes efforts which
will prevent or eliminate damage to the environment and enhance human
and natural resources.
A binding statement of intentions submitted by an applicant
for the purpose of clarifying current or future development intentions
and submitted as a condition for obtaining plat approval.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation. Classes
of streets are as follows:
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept minor streets and provide routes carrying considerable volumes of traffic to community facilities and to major traffic streets.
MARGINAL ACCESS STREETSMinor streets located adjacent and parallel to major or arterial streets which provide service for abutting properties.
MAJOR STREETSEither arterial or collector streets which carry considerable volumes of traffic.
MINOR STREETSThose used primarily to provide access to abutting properties.
LOCAL STREETA dedicated minor street which has the dual purpose of providing limited access for traffic and access to individual properties. Local streets are not intended to serve through traffic.
Any person, association, partnership, or agent thereof proposing
subdivision as defined herein.
Any tract or parcel of land which is divided into a lot or
lots along an existing or proposed street, highway, easement, or right-of-way
for purposes of conveyance, improvement, sale, or rent or offered
for sale or leased for any period of time, whether such lots 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 or plots are contiguous. The division of a parcel of land into
parcels that each contain at least 20 acres of land shall be exempt
from the requirements of this chapter, provided that the division
involves no new streets, roads, drives, or rights-of-way or improvement
districts and that the division complies with all the provisions of
the Zoning Law of the Village of Naples.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision under these regulations.
MINOR SUBDIVISIONAny subdivision of four lots or fewer, fronting on an existing street or highway, not involving any new streets or highways nor the creation or extension of municipal facility or improvement districts, and in the opinion of the Planning Board not adversely effecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Zoning Law of the Village of Naples.
A person licensed as a land surveyor by the State of New
York.
The Board of Trustees of the Village of Naples.
The duly designated Engineer for the Village Board of Trustees.
Any body of land, including contiguous parcels of land, under
the common ownership or control of any owner, developer or subdivider
acting in concert as part of a common scheme or plan.
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 Environmental Conservation Law or by any applicable federal
law or regulation.
[Amended 7-16-2008 by L.L. No.
4-2008]
The officially adopted Zoning Law of the Village Board of
Trustees, as amended from time to time.[2]
The Official Zoning Map of the Village Board of Trustees
which shows the boundaries of zoning districts within the Village,
as amended from time to time.
