The design standards of this article shall be
incorporated in all proposed plans.
Land shall be suited to the purposes for which
it is to be subdivided. In addition to other conditions imposed by
the Planning Board to ensure that the unique physiographic features
of a site are taken into account in development, the following provisions
shall guide the Board in its review:
A.
Subdivisions laid out on land subject to periodic
flooding shall not be approved unless adequate safeguards against
such hazard are provided.
B.
Subdivisions of land characterized by steep slopes,
rock formations or other such features shall be approved only if problems
related to street grades and cross sections, water supply, sewer lines
and stormwater runoff have been found by the Planning Board to have
been resolved adequately.
C.
Subdivisions of land characterized by existing streams,
trees and other natural features which are found by the Planning Board
to contribute significantly to the aesthetic appeal of a particular
area shall only by approved if the Board finds these features to have
been preserved to the maximum extent practicable.
Wherever practical, natural features of the
property being subdivided shall be preserved.
A.
The subdivision must be designed to preserve natural
features, and the existing vegetation shall be preserved by the subdivider
during development to the fullest extent possible. Special precaution
shall be taken to protect existing trees and shrubbery during the
process of grading the lots and roads. Where any land other than that
included in public rights-of-way is to be reserved for public or common
use, the developer shall only remove such trees and other vegetation
from the land so reserved as are specifically designated for removal
on the plat approved by the Planning Board.
B.
Where a subdivision is traversed by natural surface
water, the boundaries and alignment of the body of water shall be
preserved unless the Planning Board finds that a change would enhance
the subdivision development and be ecologically sound.
C.
Every effort shall be taken by the subdivider in designing
a project to preserve unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts and desirable natural
contours.
A.
Lot sizes and dimensions shall not be less than those
specified in the Village of Naples Zoning Law unless the provisions
thereof are to be modified by the Planning Board pursuant to Village
Law § 7-738.
B.
Lot sizes and dimensions in excess of the minimum
standards of the Zoning Law shall be required by the Planning Board
should the Board find that the size and dimensions of lots as proposed
endanger the health, safety or welfare of the community or the environment.
C.
Where sanitary sewage disposal is to be provided by
individual sewage disposal systems and the minimum requirements of
the Zoning Law with respect to lot width and size may not be adequate
for such provision, the Planning Board may require that soil tests
be performed to determine adequacy. Such tests shall be conducted
at the expense of the developer to determine the adequacy of the proposed
lot size considering the existing grade and soil conditions. In all
such cases where the tests indicate a larger lot size to be necessary,
the Board may employ the services of a registered and qualified independent
sanitary engineer for advice as to the minimum lot size and/or facilities
necessary to prevent unsanitary conditions and hazards to the public
health. In such cases, the cost of retaining these services of a qualified
engineer shall be borne by the developer.
D.
All lots shall share a common boundary with either
a public road or a private road that shall be maintained by a homeowners'
association or legal equivalent association reviewed by the Planning
Board and approved by the New York State Attorney General.
E.
Depth and width of parcels laid out or reserved for
nonresidential use shall be sufficient to provide satisfactory space
for off-street parking and unloading, or such other use as is proposed,
consistent with the provisions of the Village of Naples Zoning Law.
F.
Side lot lines shall be substantially perpendicular
to street lines.
G.
Double frontage lots are prohibited, except where
employed to prevent vehicular access to major traffic streets or where
otherwise required by unusual topographic conditions.
H.
No division of land shall result in any parcel becoming
landlocked.
A.
Street dimensions and design standards shall be in
accordance with additional standards and specifications which may
be adopted by the Village Board of Trustees and which are incorporated
herein by reference.
B.
The location of all major streets in the proposed
subdivision shall conform in general alignment to the Village of Naples
Strategic Plan.
[Amended 7-16-2008 by L.L. No.
4-2008]
C.
Minor streets shall be laid out to discourage through
traffic, although provisions for street connections into and from
adjacent areas will generally be required.
D.
Proposed street layouts shall generally provide for
the continuation or projection of existing streets in the surrounding
area and for access to adjoining properties unless the Planning Board
finds such extension undesirable for specific reasons of topography
or design.
E.
Adequate street rights-of-way providing future points
of access shall be provided as necessary where lots in the proposal
are large enough to permit resubdivision or if a portion of the tract
is not subdivided.
F.
Streets shall be so related to the topography as to
produce usable lots and reasonable grades.
G.
Where a subdivision abuts or contains an existing
or proposed major traffic street, the Planning Board may require marginal
access streets, rear service alleys, reverse frontage lots or such
other design elements as will provide protection for abutting properties,
reduction in the number of intersections with the major street and
separation of local and through traffic.
H.
New half or partial streets will not be permitted.
I.
Wherever a tract to be subdivided borders an existing
or approved half or partial street, the balance of the street shall
be plotted within such tract.
J.
Dead-end streets shall not be approved except when
designed as a temporary cul-de-sac to permit future street extension
into adjoining tracts.
A.
Streets shall be laid out to intersect as nearly as
possible at right angles. No street shall intersect another at an
angle of less than 75°.
B.
Multiple intersections involving junction of more
than two streets shall be avoided. Where this proves impossible, such
intersections shall be designed with extreme care for both pedestrian
and vehicular safety.
C.
Clear sight triangles of 30 feet measured along street
lot lines from their point of junction shall be provided at all intersections,
and no buildings shall be permitted within such sight triangles.
D.
To the fullest extent possible, intersections with
major traffic streets shall be designed to closely respect the existing
layout and pattern of streets.
E.
Streets entering opposite sides of another street
shall be laid out either directly opposite one another or with a minimum
offset of 125 feet between their center lines.
F.
Minimum curb radii at street intersections shall be
15 feet for intersections involving only minor streets or 30 feet
for intersections involving other type streets or such greater radius
as is suited to the specific intersection.
G.
Where a subdivision abuts or contains an existing
street of inadequate right-of-way width, additional right-of-way width
will be required.
H.
Where the grade of any street at the approach to an
intersection exceeds 7%, a leveling area shall be provided.
A.
Cul-de-sac streets shall be discouraged to the maximum
extent possible.
B.
Should the Planning Board approve a temporary cul-de-sac,
a right-of-way of the same width as the street shall be carried to
the property line in such a way as to permit future extension of the
street into the adjoining tract.
A.
Driveway locations shall require a driveway permit
from the Public Works Maintenance Supervisor prior to final plat approval.
Highways under county or state jurisdiction require a highway work
permit from the respective agency.
[Amended 7-16-2008 by L.L. No.
4-2008]
B.
Driveway locations and designs shall comply with the
most recent edition of the Manual of Uniform Traffic Control Devices
for standards based upon the classification and jurisdiction of street
access.
C.
Planned access shall address the following:
(1)
Lots which are the result of a subdivision do not
have the right of individual access to major traffic streets. The
number of driveways or other connections to major traffic streets
shall be the minimum number necessary to provide reasonable access
to these lots, not the maximum available for the frontage.
(2)
Driveways shall be provided to the street with the
lowest functional classification serving the proposed development
within the designated zoning classification of its proposed use.
(3)
Access should be internalized. Access to lots within
a subdivision should be obtained from an access street or interior
street.
D.
Shared driveways, cross access driveways, interconnected
parking, and private streets constructed to provide access to lots
internal to a subdivision shall be recorded as an easement and shall
constitute a covenant running with the land. Operating and maintenance
agreements for these facilities shall be recorded with the deed.
B.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
bordering a major traffic street are used.
C.
Pedestrian sidewalks shall be required to assist circulation
or provide access to community facilities. Such sidewalks shall have
a reserved or dedicated width of not less than 10 feet and a paved
walk of not less than four feet.
D.
Sidewalk rights-of-way shall be under the jurisdiction
of the Village and reserved exclusively for utilities, trees and natural
vegetation.
A.
All water supply facilities and installations within
the Village of Naples are under the jurisdiction of the Village Water
Superintendent. Accordingly, all design, material and construction
shall be to the standard specifications of and subject to acceptance
by this official. Water supply systems shall be designed to provide
adequate domestic usage and fire protection. The water system shall
generally be designed to provide adequate fire flow at the critical
point in the development while satisfying the average daily domestic
flow.
B.
To the greatest extent practical, all new public waterlines
shall be looped with existing waterlines.
A.
Generally, all individual sewage disposal systems
within the Village of Naples are under the jurisdiction of the Village
Code Enforcement Officer and the Canandaigua Lake Watershed Inspector.
Accordingly, all design, material and construction shall be to the
standard specifications of and subject to acceptance by these officials.
B.
Individual sewage disposal systems shall be designed,
specified, and built to the standards and specifications of the New
York State Department of Health, the Village Zoning Law provisions
on septic systems and any other agency or authority with jurisdiction.
C.
Detail plans for all individual sewage disposal systems
associated with developments defined as subdivisions by the Public
Health Law shall be subject to the approval of the New York State
Department of Health.
A.
Lots shall be laid out and graded to provide positive
drainage away from buildings.
B.
Storm sewers, culverts and related installations shall
be provided wherever necessary to:
C.
In the design of storm sewer installations, special
consideration shall be given to avoid concentration or diversion of
stormwater runoff onto adjacent properties or increases in the flow
rate of existing watercourses.
D.
In the design of storm sewer installations, special
consideration shall be given to ensure reasonable control of sediments
both during and after construction.
A.
The layout of the proposed subdivision shall be in
general conformity with the Strategic Plan of the Village of Naples.
[Amended 7-16-2008 by L.L. No.
4-2008]
B.
In reviewing subdivision plats, the Planning Board
shall consider the adequacy of existing or proposed community facilities
to serve future residents of the proposed subdivision.
C.
Areas provided or reserved for community facilities
must be adequately designed for building sites, landscaping and off-street
parking as appropriate to the proposed use.
D.
Reservation of lands for recreational use.
(1)
Pursuant to Village Law § 7-730, the Planning
Board shall consider requiring the reservation of an appropriate portion
of the area of land to be subdivided for park, playground, or other
recreational purpose. In locating lands to be so reserved, the Board
shall consider preservation of special environmental and geographic
features, the unsuitability of certain lands for building purposes,
future expansion of public use areas, the most appropriate type of
public land use for the area, and the conditions necessary to preserve
access, use and maintenance of such lands for their intended purpose.
Such area of land shall not be included in the calculations of land
to be owned in common for cluster developments.
[Amended 7-16-2008 by L.L. No.
4-2008]
(2)
Lands reserved for recreational purposes may be retained
in private ownership, provided that they are reserved and maintained
permanently for their intended use by recorded covenant and security
deemed adequate by the Village Board of Trustees. Alternatively, lands
may be offered to the Village to be accepted at the discretion of
the Village Board of Trustees.
(3)
In the event that the Planning Board determines that
a suitable park or parks of adequate size cannot be properly located
in any such plat or are otherwise impractical, the Planning Board
may require as a condition to approval of any such plat in lieu thereof
a payment to the Village of Naples in a sum to be determined by the
Village Board of Trustees, which sum shall constitute a trust fund
to be used by the Village exclusively for neighborhood park, playground
or recreational purposes, including the acquisition of property.
In order to provide certain utilities and services
on an equitable basis and to assure a means of ongoing maintenance
of those utilities and services, the Village Board of Trustees may
create or extend utility and service districts. These districts shall
be created in conformance with the provisions of New York State law
to assure that those property owners benefitted by the utilities and
services are responsible for the cost of their installation and maintenance.
A.
Easements with a minimum width of 20 feet plus the
width of any required pipe or other improvement or the minimum required
by the agency responsible for the utility shall be provided as necessary
for all utilities and approval or acceptance by the involved agency
included with the final plans.
B.
Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement or right-of-way conforming
substantially with the line of such watercourse and of such width
as will be adequate to preserve natural drainage, with access/easement
at least 20 feet in width to the same from a public right-of-way.
A.
Purpose.
(1)
The Planning Board finds that the topography, rural
character, and environmental sensitivities of certain lands in the
Village do not lend themselves to conventional development as designated
by their zoning district. Therefore, pursuant to the provisions of
Village Law § 7-738, these regulations are adopted to enable
and encourage flexibility of design in the development of land in
such a manner as to:
(2)
This section also sets forth those criteria pursuant
to which the Planning Board may require an application for subdivision
plat approval to reflect appropriate modification of Zoning Law provisions.
B.
Objectives. Among the objectives to be achieved by
the Planning Board's modification of Zoning Law provisions simultaneous
with plat approval are:
(1)
The creative use of land so as to establish a more
desirable living environment than would be possible through the strict
application of Village Zoning Law standards;
(2)
The preservation of surface water, wetlands, steep
slopes, hilltops, ridge lines, stands of trees, outstanding natural
topography and glaciated features. Areas to be preserved also include
other areas of scenic and ecological values, including desirable open
spaces and environmentally sensitive areas;
(3)
The prevention of soil erosion and avoidance of other
negative environmental impacts;
(4)
The prevention of imprudent development in flood hazard
areas;
(5)
The encouragement of innovative and flexible design
and layout of residential housing subdivisions to preserve open space
by permitting housing units to be clustered without increasing overall
housing density; and
(6)
The design of housing developments that are in harmony
with the character of the area and environmental sensitivities of
a particular site.
C.
General provisions. These provisions apply to the
Planning Board's modification of Village Zoning Law provisions simultaneous
with plat approval.
(1)
The Planning Board has been authorized by the Village
Board of Trustees to modify provisions of the Village Zoning Law simultaneously
with the approval of subdivision plats;
(2)
The Planning Board may require the subdivider to submit
an application reflecting such modification if the Board finds that
to do so would serve the purpose and objectives set out in this section
and in Village Law § 7-738; and
(3)
All plats submitted which propose or require modification
of Village Zoning Law provisions simultaneously with plat approval
shall conform to the additional requirements of this section.
D.
Yield. To determine the number of dwelling units which
can be developed under a plat which clusters residences the following
provisions apply:
(1)
The maximum number of dwelling units which may be
developed in a clustered subdivision shall be determined by reference
to a plat showing the maximum number of residential lots which the
Planning Board could approve if the land were subdivided and developed
in strict conformance with the dimensional requirements of the particular
zoning district in which the land is situated.
(2)
Project density shall be based only upon the amount
of usable land which is available for development. A reference plat
showing the maximum number of residential lots which could be developed
in strict conformance with the Zoning Law shall not show certain areas
as developable. These areas which shall not be shown as developable
and which may not be used in computing the usable or developable land
or considered as part of the gross area include the following:
(a)
Land which is within a flood hazard area;
(b)
Land having slopes in excess of 15%;
(c)
Land which is within an officially designated
freshwater wetland or wetland buffer;
(d)
Land which is occupied by public utilities and
structures;
(e)
Land which is within a drainage control area
or right-of-way; and
(f)
Land which is otherwise found by the Planning
Board to be unsuitable for development.
E.
Process and information requirements. The approval process and information requirements for a project requiring the Planning Board's modification of Village Zoning Law provisions shall be pursuant to subdivision procedures described in Article II of these regulations, regardless of whether land to be held in common is to be subdivided or is to remain a single parcel.
F.
Maintenance of open lands.
(1)
Intent. Because open spaces are an inherent part of
clustered developments, the Planning Board shall take special measures
for the protection and regulation of these areas to ensure that an
acceptable system for their permanent maintenance is provided.
(2)
Submission requirements. The developer shall submit
a detailed proposal for maintenance of common lands and/or open space
as part of the preliminary or final plat.
(3)
Property owners' association. All open spaces shall
be maintained by a homeowners' association or alternate legal equivalent
and shall not be conveyed or otherwise transferred or disposed of
without the consent of the Planning Board.
(4)
Alternate means of maintenance of open lands. The
following methods will be considered as alternate means to maintain
open spaces:
(a)
In the case of continual ownership of the clustered
development or portion thereof by a sole owner, partnership, corporation
or other legal means, such as deed restrictions or conservation easements,
protecting open spaces from further development shall be submitted
to the Village Attorney for review and to the Planning Board for approval;
and
(b)
Any alternate method for protection and preservation
of open lands and common areas shall be submitted at sketch plan stage
to the Planning Board for review. Any alternate proposals will also
be referred to the Village Attorney for review and comment. The Planning
Board may require any additional information it deems necessary to
conduct an adequate review of the alternative proposal(s).
