[Amended 7-10-2006 by L.L. No. 7-2006; 1-8-2007 by L.L. No.
1-2007; 7-9-2007 by L.L. No. 2-2007; 4-13-2009 by L.L. No.
1-2009; 12-13-2010 by L.L. No. 4-2010]
A.
Purpose. These districts comprise the major portion of the Town of
Naples presently in use or to be used for agricultural or related
uses. In addition, these districts comprise environmentally unique
areas of the Town. Regulations are established to promote agricultural
activities as the highest and best use of the land in these districts
as well as the natural environmental integrity of the lands within
these districts.
C.
Permitted accessory uses.
(1)
Customary agricultural structures for storage of products and equipment
related to agricultural activities.
(2)
Accessory garages, attached or detached.
(3)
Home occupations.
(7)
Any other accessory structure or use customarily incidental to the
principal use or structure.
(8)
Home occupation.
[Added 10-12-2015 by L.L.
No. 2-2015]
(9)
Home occupation, short-term.
[Added 10-12-2015 by L.L.
No. 2-2015]
D.
Permitted special uses.
(1)
Funeral homes, nursing homes, boardinghouses, day-care centers, churches,
bed-and-breakfasts (over two rooms).
(5)
Animal hospitals.
(9)
Public utilities.
(10)
Telecommunications facilities.
(11)
Residential wind turbines.
(12)
Commercial wind turbines.
(13)
Single-family residential cluster development.
(14)
A combined use of the permitted uses of agricultural activity,
single-family dwelling, two-family dwelling, bed-and-breakfast up
to two rooms, municipal structures or municipal park, together with
a semi-public special use of a church or other religious facility,
cemetery, private school, college or other educational activity, medical
care facility, charitable use facility or philanthropic use facility.
(15)
Home business.
[Added 10-12-2015 by L.L.
No. 2-2015]
(16)
Major solar collector systems.
[Added 9-5-2017 by L.L.
No. 4-2017]
[Amended 7-10-2006 by L.L. No. 7-2006; 7-9-2007 by L.L. No.
2-2007]
[Amended 7-10-2006 by L.L. No. 7-2006; 7-9-2007 by L.L. No.
2-2007]
[Amended 7-10-2006 by L.L. No. 7-2006]
A.
Purpose; rezoning. Due to the type of development characteristic of multiple-family dwellings, any land used for this purpose must be rezoned to a (M-D) Multiple-Dwelling District. Additionally, all site development within multidwelling districts shall require site plan approval in accord with Article VIII of this chapter.
B.
Area required: 10 acres.
C.
Permitted uses: townhouses, apartment houses, quadplex.
D.
Information required: a map and plan to scale with
contour lines prepared by a licensed engineer showing the following
items: relation of project to adjoining properties, existing and proposed
streets, existing and proposed final elevations (land contour), location
of proposed and existing buildings in area with setbacks for each
building site, renderings with building elevations for each type of
structure, location of utilities within the development, layout to
show separate lots for each building site, the same as a residential
subdivision, type and location of recreation areas and type and locations
of landscaping.
E.
Public services. All sanitary facilities must be approved by the appropriate New York State agencies. Adequate stormwater drainage and adequate water supply for domestic use and fire protection must be provided. All streets and roads shall be constructed to Chapter 116, Subdivision of Land. All utilities must be placed underground. Each building shall provide suitable temporary space for solid waste disposal. No burning of any material is allowed. An environmental impact statement shall be required according to Chapter 116, Subdivision of Land. Each building shall contain adequate fire alarm or warning devices.
F.
Requirement for all buildings.
(1)
The ratio of studio to bedroom apartments shall not
be greater than one to three.
(2)
All partitions and floors between living units shall
be constructed to reduce the transmission of noise from one living
unit to the next, in accordance with the New York State Building Code.
(3)
No part of the basement shall be used for living space.
(4)
All construction shall comply with the application
provisions of the New York State Building Code.
G.
Area, yards and height requirements.
H.
I.
Miscellaneous.
(1)
No parking shall be located within the front setback
nor shall it be located closer than 20 feet to any adjoining property
line.
(3)
All exterior design and finish materials shall be
approved by the Planning Board.
(4)
No less than 10% or one acre, whichever is greater,
of the total area shall be left as open space and for recreational
uses. Such open space shall not include streets, roads or parking
areas, nor required yards.
K.
Wind tower turbines. Residential and commercial wind
tower turbines are allowed subject to special use and site plan regulations.
[Added 7-10-2006 by L.L. No. 6-2006]
A.
Legislative findings; purpose and intent.
(1)
The Town Board finds that adult entertainment
businesses may have an adverse effect on the health, safety, morals
and general welfare of the communities where they exist. It is the
purpose of these provisions to regulate adult entertainment businesses
which are sexually oriented in order to promote the health, safety,
morals and general welfare of the citizens of the Town of Naples and
to establish reasonable and uniform regulations to prevent the concentration
of such sexually oriented businesses within the Town.
(2)
The provisions of this section have neither
the purpose nor the intent of imposing a limitation or restriction
on the content of any communicative materials, including sexually
oriented materials or presentations. Similarly, it is not the purpose
or intent of this section to restrict or deny access by adults to
sexually oriented materials or presentations protected by the First
Amendment of the Constitution of the United States, the Constitution
of the State of New York, or to deny access to distributors and exhibitors
of sexually oriented materials or presentations to their intended
market. It is also not, however, the purpose or intent of this section
to condone or legitimize the distribution of illegal materials.
B.
Rezoning required.
(1)
Based on the characteristics of this use, any
land used for an adult use purpose must be rezoned to an Adult Use
District (AU) by the amendment of this chapter of the Code of the
Town of Naples.
C.
Criteria for an adult use.
(1)
An adult use shall not be operated within 500
feet of a dwelling; a church or other place of worship; a nursery,
elementary, secondary or vocational school; a hospital, nursing home
or convalescent home; a library or museum; a cemetery; the boundary
of a residential district; or a public park, playground, recreation
area or business selling alcoholic beverages.
(2)
An adult use shall not be operated within 1,000
feet of another adult use or on the same lot or parcel of land as
another adult use. For the purpose of this section, the distance between
any two adult uses shall be measured in a straight line, without regard
to intervening structures or objects, from the closest exterior walls
of the structures in which each use is located.
(3)
An adult use shall not be operated in the same
building or structure or portion thereof, containing another adult
use.
(4)
Adult uses shall comply with the specifications applicable thereto in the Schedule of Regulations contained in this chapter.[1]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
(5)
All adult uses shall be conducted in an enclosed
building. Regardless of location or distance, adult uses shall be
arranged and conducted so that no visual observation can be made from
the exterior of an enclosed building containing an adult use therein
of any specified anatomic area or of any specified sexual activity
by virtue of any display in or on the building which depicts, exhibits
or shows said area or activity. This prohibition shall apply to any
display, decoration, sign or window or other opening or any other
means or method of visual portrayal of information or advertisement.
(6)
The maximum floor area of the building shall
be 4,000 square feet.
(7)
Any other requirements which the Planning Board
may deem necessary or appropriate for the protection of the public
welfare.
(8)
Minimum area of district: 30 acres.
[Amended 9-27-2005 by L.L. No. 6-2005; 7-10-2006 by L.L. No.
7-2006; 1-8-2007 by L.L. No. 1-2007; 12-13-2010 by L.L. No. 6-2010]
A.
The intent of Commercial Districts (C-1) is to provide the public
with convenient retail, wholesale, and service trade facilities that
will be compatible with the architectural and aesthetic goals of the
community and will not adversely affect adjacent properties and adjacent
zoning districts.
C.
Special uses.
(1)
Retail and/or wholesale trade, including but not limited to grocery
store, pharmacy, hardware, lumber and building supplies, vehicle and
equipment sales, appliances, jewelry, alcoholic beverages, general
merchandise, furniture, household furnishings, bookstore, sporting
goods, toys and hobby supplies, florist, nursery and landscape supplies,
gifts, souvenirs, optic products, art, crafts and other similar uses,
as well as any signage relating thereto.
(2)
Service businesses, including but not limited to barbershops, beauty
shops, professional offices (attorney, physician, accountant, tax
preparation, veterinary, realty sales, financial planning, insurance,
eye care, funeral home, etc.), restaurant, motel, bank, rent-to-buy
establishment, public offices, photo studio, appliance rental or repair,
equipment rental or repair, vehicle rental or repair, travel agency,
civic organization, instructional services (music, dance, self defense,
meditation, fitness, etc.), day care (children or adults), laboratory,
dry cleaning, storage facility and other similar uses, as well as
any signage relating thereto.
(3)
Major solar collector systems.
[Added 9-5-2017 by L.L.
No. 4-2017]
E.
It is required that any use proposed for these districts have no
deleterious effect upon the environs of the subject site.
F.
Recognizing that the Commercial Districts are located in gateways
to, or within, the Naples community, the Planning Board shall endeavor
to assure that all buildings and other structures hereafter erected,
or altered in exterior appearance, including all signage, shall be
of such design, height, architecture, appearance and relation to other
buildings and structures that they will either enhance or minimally
impact the aesthetics and appearance of the environs of the site.
The Planning Board is charged with assuring that the aesthetics of
the environs of the Commercial Districts are preserved. The Planning
Board shall reject plans which, based upon study and advice, are not
conducive to preserving such aesthetics, either because of proposed
style, scale, materials, size, mass, line, color, detail or placement
upon the property of building and structures, or combinations thereof.
G.
Site plan approval. Prior to the issuance of any zoning permit for
the construction of any structure in a Commercial District, or prior
to the issuance of a change of occupancy permit, such permit or application
must be approved by the Planning Board pursuant to the site plan provisions
of this chapter.
H.
Design guidelines.
(1)
New commercial buildings shall be made to appear compatible with
the environs, including orienting the front of the building to the
street.
(2)
Excessively large commercial buildings shall be discouraged.
(3)
Landscaping is a crucial factor in the preservation of aesthetics.
Screening of parking areas with landscaping, including fencing, berms,
trees, hedges, shrubs and ground cover, shall be included in the overall
development.
(4)
Preservation and enhancement of existing vegetation and natural features
shall be encouraged.
(5)
Storage shall be located in the rear of the building and appropriately
screened.
(6)
Appropriate lighting, including design, location and intensity, for
the protection of aesthetics shall be required.
[Amended 6-6-2017 by L.L.
No. 2-2017]
A.
Creation of district. Such a district is not limited to any particular
zoning district as established by this chapter, but recognizing that
the establishment of certain light industrial (light manufacturing)
uses creates a balanced economic base and job opportunities, areas
of the Town may be considered through amendment to the Official Town
Zoning Map and this chapter, where such amendment will be compatible
with the general health, safety and welfare of the inhabitants of
the Town and where such amendment and the specific industrial use
is in keeping with the intent of the Town's Comprehensive Plan
and would not, in the opinion of the Town Board, create an undue incompatibility
with existing uses in the environs of the proposed industrial district
and the use contemplated thereon. The Town Board shall make written
findings supporting its decision with respect to creation of such
a district or denial of the creation of such a district. Light Industrial
(or Light Manufacturing) Districts may only be created in the Agricultural-Conservation
District (Ag.)
B.
The following are permitted as special uses:
D.
Prohibited uses:
(1)
Manufacture of: explosives, corrosive chemicals, paints, petroleum
products or distillates thereof.
(2)
Motor vehicle disassembly facility.
(3)
Used motor vehicle parts recovery facility (motor vehicle junkyard).
(4)
Any use which will result in a level of dust, odor, fumes, noise,
vibration, light, or any combination of those, which will, in the
opinion of the Town Board and/or Town Planning Board, create an overly
burdensome intrusion on other lots or premises in the vicinity of
the proposed industrial use. Such a finding by the Town Board and/or
the Town Planning Board must be supported by empirical data establishing
such overly burdensome intrusion, which data must be a part of the
record of the proceedings with respect thereto.
E.
Requirements for industrial districts.
(1)
Whenever a light industrial (light manufacturing) use is proposed
to be located adjacent to a lot upon which any non-light-industrial
use is located, a fully landscaped buffer shall be provided along
the full length of the adjacent use. A one-hundred-foot-deep buffer
shall be required adjacent to any residential use. A thirty-foot buffer
shall be required adjacent to other uses. The buffer area shall be
planted and perpetually maintained with live trees and shrubs at least
six feet in height at such density as, in the sound discretion of
the Town Planning Board, will be appropriate under the existing conditions
and shall have such other grading and landscaping necessary to visually
and audibly screen the light industrial activity from the adjacent
uses. The design and maintenance plan shall be approved by the Planning
Board during its review of the site plan. Such fences, walls, hedges
or screen plantings shall be required by the Planning Board as is
deemed necessary to protect the quality of the adjoining use(s).
(2)
Any light industrial (light manufacturing) use shall take place within
an enclosed structure.
(3)
The light industrial (light manufacturing) facility shall be designed
and maintained so as not to permit smoke, dust, noise, odors, glare
or other deleterious by-products detectable beyond the lines of the
lot upon which the facility is located.
(4)
There shall be no discharge of industrial waste into any private
waste disposal system or any stream or watercourse unless such system
has been approved by the appropriate health authorities having jurisdiction
thereof.
(5)
The proposed light industrial (light manufacturing) use shall not
generate traffic which will cause undue damage to the road infrastructure
accessing the site.
A.
Purpose. These districts are not restricted to any
particular zoning district as is established in this chapter, but
instead are superimposed over any district which lies within the floodplain
as is defined by this chapter. A floodplain is hereby to allow the
Naples Creek, Tannery Creek, Grimes Creek, Eelpot Creek and any other
creek as may be designated by the Planning Board to carry abnormal
flows of water in time of flood; to prevent encroachment into the
floodplains of these watercourses, which would unduly increase flood
heights, and damage to property as well as a potential to the health
and safety in these areas or to adjacent areas.
B.
Extent of floodplain. For the purpose of this chapter
the floodplain shall be that as defined herein and is so mapped on
the Official Zoning Map of the Town, or any other areas which may
be designated.
A.
Intent.
(1)
It is the intent of this Planned Unit Development
District (PUD) to provide flexible land use and design regulations
through the use of performance criteria so that large-scale neighborhoods
may be developed within the Town that incorporate a variety of residential
types and nonresidential uses, 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 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. This section specifically
encourages innovation in residential development so that the growing
demands for housing at all economic levels may be met by greater variety
in type, design, and siting of dwellings and by the conservation and
more efficient use of land in such developments.
(2)
This section recognizes that while the standard zone
function and the subdivision function are appropriate for the regulation
of land use in areas of neighborhoods that are already substantially
developed, these controls represent a type of preregulation, regulatory
rigidity and uniformity which may be harmful to the techniques of
land development contained in the totally planned development concept.
Further, this section recognizes that a rigid set of space requirements
along with bulk and use specifications would frustrate the application
of this concept. Thus, where PUD techniques are deemed appropriate
through the rezoning of land to a Planned Unit Development District
by the Town Board, the set of use and dimensional specifications elsewhere
provided for in this chapter are herein replaced by an approval process
in which an approved plan becomes the basis for continuing land use
controls.
B.
Objectives. In order to carry out the intent of this
section, a PUD shall achieve the following objectives:
(1)
A maximum choice in the types of environment, occupancy
tenure (i.e., cooperative, individual ownership, condominium, leasing),
types of housing, lot sizes and community facilities available to
existing and potential Town residents.
(2)
More usable open space and recreation areas.
(3)
More convenience in location of accessory commercial
and service areas.
(4)
The preservation of trees, outstanding natural topography
and geologic features and prevention of soil erosion.
(5)
A creative use of land and related physical development
which allows an orderly transition of land from rural to urban uses.
(6)
An efficient use of land resulting in small networks
of utilities and streets.
(7)
A development pattern in harmony with the objectives
of the Town of Naples Master Plan.
(8)
A more desirable environment than would be possible
through the strict application of other sections of this chapter.
C.
General requirements for planned unit development.
(1)
Minimum area. Under normal circumstances, the minimum
area requirements to qualify for a Planned Unit Development District
shall be 100 contiguous acres of land. Where the applicant can demonstrate
that the characteristics of his holdings will meet the objectives
of this section, the Town Board may consider for review projects with
less acreage.
(2)
Ownership. The tract of land for a project may be
owned, leased or controlled by a single person, a 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 case of multiple ownership, the approval plan shall
be binding on all owners.
(3)
Location of PUD District. The PUD District shall be
applicable to an area of the Town where the applicant can demonstrate
that the characteristics of its holdings will meet the objectives
of this section.
(4)
Permitted uses. All uses within an area designated
as a PUD District are determined by the provisions of this section
and the approval of the project concerned.
(a)
Residential uses. Residences may be of any variety of types in developing a balanced community; the use of a variety of housing types and densities shall be deemed most in keeping with this section. In keeping with the objectives found in Subsection B(1) and (6), the developer must demonstrate that he is reaching as broad a market as possible. In making these determinations, the Town Board shall consider the size of the site, its location with respect to community services and facilities, transportation, and area-wide market surveys as are available from several sources in Ontario County. Developers may avail themselves of such state, federal, and any other housing programs as may be available to accomplish these objectives.
(b)
Service and other nonresidential uses may be
permitted (or required) where such uses are designed primarily to
serve the residents of the PUD. Such uses may include:
[1]
Retail business establishments which are clearly
of a neighborhood service character, such as, but not limited to,
the following:
[2]
Personal service establishments which are clearly
of a neighborhood service character, such as, but not limited to,
the following:
[a]
Barbershops and beauty shops.
[b]
Shoe repair and fix-it shops.
[c]
Customary accessory or associated
uses. Accessory uses such as private garages; off-street parking,
including storage space for auxiliary vehicles such as travel trailers,
campers, boats and snowmobiles; churches and schools, shall also be
permitted as appropriate to the PUD concept.
(c)
Commercial wind turbines are allowed subject
to the special use and site plan regulations of this chapter.
(5)
Intensity of land use. Because land is used more efficiently
in a PUD, improved environmental quality can often be produced with
a greater number of dwelling units per gross building area than usually
permitted in traditionally zoned districts. The Town Board shall determine
in each case the appropriate land use intensity and/or dwelling unit
density for individual projects. In most cases, however, the gross
density shall not exceed four dwelling units per acre. Generally,
at least 30% of the PUD dwelling units should be detached, single-family
units.
(6)
Common property in the PUD. Common property in a PUD
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, unless
approved by the Town as a public property, the ownership of such property
shall be private. When common property exists in private ownership,
satisfactory arrangements must be made for the improvement, operation,
and maintenance of such common property and facilities, including
private streets, drives, service and parking areas and recreational
and open space areas, and the Town Board shall approve or disapprove
such arrangements.
D.
PUD application procedures and zoning approval process.
Whenever any planned unit development is proposed, before any permit
for erection of a permanent building in such planned unit development
shall be granted, and before any subdivision plat or any part thereof
may be filed in the office of the Ontario County Clerk, the developer
or his authorized agent shall apply for and secure approval of such
planned unit development in accordance with the following procedures:
(1)
Application for sketch plan approval of the PUD.
(a)
Requirements. In order to allow the Town Board
and the developer to reach an understanding on the basic design requirements
prior to detailed design investment, the developer shall submit four
copies of a sketch plan of this proposal to the Town Board for review.
The sketch plan shall be approximately to scale, though it need not
be to the precision of a finished engineered 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 areas
indicating for each such area 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, highrises), 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 use.
[4]
The interior open space system.
[5]
The overall drainage system.
[6]
If grades exceed 15%, or portions of the site
have moderate to high susceptibility to erosion or a moderate to high
susceptibility to flooding or ponding, a topographic map showing contour
intervals of not more than 20 feet of elevation (as per USGS 7 minute
TOPO Map) shall be provided along with an overlay outlining the above
susceptible soil areas, if any.
[7]
Principal ties to the community at large with
respect to transportation, water supply, and sewage disposal.
[8]
General description of the provision 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 within 500 feet.
(b)
Documentation to accompany the sketch plan.
[1]
Evidence of how the developer's particular mix
of land uses meets existing community demands, to include area-wide
as well as local considerations.
[2]
Evidence of the developer's compliance with the provisions of Subsection B with respect to the provision of an adequate mix of housing.
[3]
Evidence that the proposal is compatible with
the Master Plan of the Town of Naples.
[4]
A general statement as to how the common open
space is to be owned, used, and maintained.
[5]
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 shall show the intended total project.
[6]
Evidence to demonstrate the applicant's competence
to carry out the plan and his awareness of the scope of such a project,
both physical and financial, including payment of suitable fees.
[7]
A completed Part I: Long Environmental Assessment
Form, under the State Environmental Quality Review (SEQR) Act, shall
be submitted to the Town Board.
(c)
The Planning Board shall review the sketch plan
and its related documents with the applicant, and shall render either
a favorable report to the Town Board or an unfavorable report to the
applicant.
[1]
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering a PUD districting. Such a report shall be based on the
following findings, which shall be included as part of the report:
[a]
The proposal conforms to the Town
of Naples Master Plan.
[d]
The proposal is conceptually sound
in that it meets local and area-wide needs and it conforms to accepted
design principles in the proposed functional roadway and pedestrian
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 to be made available with costs to be incurred
by the developer.
[2]
An unfavorable report shall clearly state the
reason for such a finding.
(2)
Application for PUD districting.
(a)
The Town Board shall collect a fee, to be determined
by the Town Board at the time of application, for the review of the
PUD application. In addition, all costs appropriately incurred by
the Town for review of the PUD application, including but not limited
to engineering and legal services, shall be borne by the applicant.
(b)
Upon receipt of a favorable report from the
Planning Board, the Town Board shall set a date for and conduct a
public hearing for the purpose of considering PUD districting for
the applicant's plan in accordance with the procedures established
under § 264 of the Town Law or other applicable law. Said
public hearing shall be conducted within 62 days of the receipt of
the favorable report.
(c)
The Town Board shall refer the application to
the County Planning Board for its analysis and recommendation pursuant
to the provisions of § 239-m of the General Municipal Law
and the provisions of this section, and the Town Board shall also
refer the application to the Town Engineer for his review.
[1]
The Town Board shall give the County Planning
Board at least 30 days to render its report.
[2]
The Town Engineer shall submit a report to the
Town 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 at this time with general conceptual
acceptance or disapproval, as the case may be, and in no way implies
any future acceptance or disapproval, and in no way implies any future
acceptance or reflection of detailed design elements as will be required
in the later site plan review stage. The Town Engineer may also state
in his report any other conditions or problems that must be overcome
before consideration of acceptance on his part.
(d)
Within 62 days after the public hearing, the
Town Board shall render its decision on the application.
(3)
Zoning for planned unit development. Upon approval of the application by the Town Board, the area in question shall be conditionally rezoned as a PUD District, subject to final approval by the Town Board as set forth in Subsection D, and the Zoning Map shall be so noted. The Town 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 limited 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, fire houses, and libraries; protection of natural and/or historic sites; and other such physical or social demands. Following review of the recommendations by the Planning Board, the Town Board shall, at this time, approve the density standards for the development.
E.
Site development plan approval process.
(1)
All development within the PUD District shall require site plan approval. Application for site plan approval shall be made to the Planning Board and shall be reviewed under Article VIII of this chapter.
(2)
If, in the site plan development plan process, it
becomes apparent that certain elements of the approved PUD, as it
has been approved by the Town Board, are unfeasible and in need of
significant modifications, the applicant shall then present his solution
to the Planning Board as the site plan approval application. The Planning
Board shall then determine whether or not the modified plan is still
in keeping with the intent of the zoning resolution.
(a)
If a negative decision is reached, the site
development plan shall be considered disapproved. The developer may
then, if he wishes, produce another site development plan in conformance
with the approved PUD resolution.
(b)
If an affirmative decision is reached, the Planning
Board shall notify the Town Board, stating all of the particulars
of the matter and its reasons for feeling the project should continue.
(3)
Site development plan review under the provisions of this section shall suffice for Planning Board review of subdivision under Chapter 116, Subdivision of Land, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision
plats suitable for filing with the office of the Ontario County Clerk
in addition to those drawings required above.
(b)
The developer shall plat the entire development
as a subdivision; however, PUDs being developed in stages may be platted
and filed in separate stages.
F.
Other regulations applicable to planned unit development.
(1)
Staging. If the applicant wishes to stage his development,
and he has so indicated, then he may submit only those stages he wishes
to develop for the 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.
It is the intent of this section that individual stages of the PUD
will have an integrity of use in their own right so that, if for any
reason the entire PUD would not be completed, those portions of the
PUD already constructed will be an asset to the community by themselves.
Staging plans must take account of this objective, and developers
proposing individual stages that deviate significantly from the overall
character of the PUD should present convincing evidence that such
a stage is indeed in keeping with this section.
(2)
Regulations after initial construction and occupancy.
For the purposes of regulating development and use of property after
initial construction and occupancy, any changes other than use changes
may be processed only upon presentation to and approval by the Planning
Board. Use changes shall also be in the form of a request for special
permit, except that Town Board approval shall be required. It shall
be noted, however, that properties lying in Planned Unit Development
Districts are unique and shall be so considered by the Planning Board
or Town Board when evaluating these requests; and maintenance of the
intent and function of the planned unit shall be of primary importance.
(3)
Financial responsibility. No building permits shall
be issued for construction within a PUD District until the required
improvements are installed or, alternatively, a letter of credit is
provided in accordance with the same procedures as provided for in
§ 276 of the Town Law relating to subdivisions. Other such
requirements may also be established from time to time by the Town
Board.
A.
Purpose.
(1)
It is an essential goal of the town, in conformance
with the town's Comprehensive Plan, that it protect its residents
by safeguarding residential and agricultural land as well as water
resources and the natural environmental features of the town. The
town also recognizes that its residents are dependent on groundwater
supplies for domestic use.
(2)
In recognition of its obligation to protect the public
health, safety and general welfare of persons within the town and
consistent with Environmental Conservation Law Article 23 et seq.[1] (the Mined Land Reclamation Law, hereinafter "MLRL"),
presently existing land uses, zoning districts, and the town's Comprehensive
Plan, the town hereby establishes its policy with regard to criteria
for Natural Product Zones and for regulating the operation of mineral
extraction operations to the extent permitted by New York State law.
[1]
Editor's Note: See Environmental Conservation
Law § 23-2701 et seq.
(3)
Natural Products Districts are created through amendment
to the Zoning Map.
B.
Development within Natural Products District. In order to ensure that natural resource extraction and mining operations (those operations defined and regulated pursuant to the MLRL) are compatible with the land uses of surrounding district(s), all new operations and expansions of existing mining operations, unless otherwise exempted pursuant to Subsection C below, shall be subject to rezoning and the regulations found in this chapter.
C.
Exemptions. The following operations and uses are
hereby exempted from the application of this section:
(1)
General construction exception.
(a)
Nothing contained herein shall prohibit excavation
incidental to construction of a driveway, house pad, walk, wall or
building or part thereto, or accessory thereto.
(b)
Nothing contained herein shall prohibit excavation
in conjunction with an approved subdivision or site plan where a mining
permit is not required pursuant to MLRL.
(2)
General farming exception. Nothing contained herein
shall prohibit excavation for the purpose of moving topsoil, soil
or earth from one location to another on the same or contiguous parcel
for grading, improving or draining said land, provided that such excavation
is necessary for or accessory to farming operations.
(3)
Sewage disposal and underground storage tanks exceptions.
Nothing contained herein shall prohibit excavation for sewage disposal
systems or underground storage tanks.
(5)
Mines less than 1,000 tons or 750 cubic yards (regulated pursuant to § 132-39, Small-scale mining). Nothing contained herein shall prohibit small-scale mining. Any person who proposes the removal of fewer than 1,000 tons or 750 cubic yards of natural products from the earth within 12 successive calendar months is exempt from the MLRL requirements for the establishment of a Natural Products District; however, small-scale mining requires a special use permit pursuant to § 132-39 of this chapter.
(6)
Stockpiling of natural products. Stockpiling of natural
products for municipal use shall be exempt from the regulations requiring
the formation of an NP Zoning District. All stockpiling of natural
products shall be approved by the Naples Town Board.
D.
Permitted uses, requirements and procedures.
(1)
Permitted uses. The legislative determination to establish
a Natural Products Zoning District shall be based on the following
standards:
(a)
Location.
[1]
The only zoning district within which mining
(those operations defined and regulated pursuant to the MLRL) shall
be a permissible use is a Natural Products (NP) Zoning District. Unless
a zone is designated NP, mining shall be prohibited.
[2]
In addition, no NP Districts shall be created
within a zone designated as residential on the Official Zoning Map;
the Cohocton Street Overlay District; a wetlands area designated by
the New York State Environmental Conservation Department or the Army
Corps of Engineers; a floodplain area designated by the Federal Emergency
Management Act; or an area which has been designated a critical environmental
area (CEA).
(b)
Importation. The importation of materials excavated
off-site for the purpose of processing or manufacturing on-site shall
be a permissible activity within an NP Zoning District. However, the
processing must be in conjunction with an active mining operation
occurring on the same site.
(2)
Requirements and procedures for rezoning to a Natural
Products Zoning District.
(a)
An application for rezoning to an NP Zoning
District must be made in accordance with the provisions of this section
and shall only be established if the objectives and provisions of
this chapter and the laws of the State of New York are satisfied as
determined by the Town Board.
(b)
Approval by the State of New York of a mining
permit under the MLRL does not constitute approval by the Town Board
for rezoning to a Natural Products Zoning District.
(c)
The process for compliance with the State Environmental
Quality Review Act (SEQRA), Environmental Conservation Law Article
8, for the proposed rezoning shall be independent of that which is
required in accordance with an application to the State of New York
for a mining permit under the MLRL. The Town Board shall serve as
the lead agency under SEQRA with respect to the application for rezoning.
(d)
Notwithstanding any other provisions contrary
to the town's laws, including provisions setting time limitations
for the taking of actions, the Town Board shall not be required to
take any action with respect to an application for the establishment
of a Natural Products Zoning District if an application is not complete.
(e)
The Town Clerk shall transmit the application
to the Town Board which shall determine whether or not it will consider
the application for rezoning. The Board's legislative decision not
to consider the request for rezoning is not subject to the SEQRA process
(6 NYCRR 617.3d).
(f)
In the event the Town Board determines that it will consider the application, the Town Board shall conduct a coordinated review of the application for SEQRA purposes. After making a determination of significance, and after determining the application is complete, the Town Board shall refer the application to the Planning Board for a recommendation pursuant to Subsection D(3) below.
(g)
An application for rezoning shall be submitted
by the applicant to the Town Clerk containing the following information:
[1]
A letter of intent, requesting consideration
of rezoning to an NP Zoning District, signed by the fee owners of
all parcels involved;
[2]
A survey map, with topographic contour intervals
no greater than 1O feet, prepared by a New York State licensed land
surveyor or engineer, of the parcels for which rezoning is sought;
[3]
A mined land use plan, prepared by a New York
State licensed engineer, consisting of a mining plan and a reclamation
plan, presented in both graphic and written form. The content of the
mined land use plan shall be the same as the mined land use plan required
pursuant to the MLRL;
[4]
A completed environmental assessment form; and
[5]
A draft environmental impact statement.
(h)
An application for rezoning is complete upon:
[1]
Submission of the application material required
in the previous subsection; and
[2]
The date the Town Board, as lead agency, determines
that a draft environmental impact statement (DEIS) is satisfactory
in scope and content and the notice of completion of the DEIS has
been prepared, filed and published in accordance with the SEQRA process
(6 NYCRR 617.12).
(i)
The Town Board shall make a decision on the
rezoning request within six months from the date the Town Board determines
that the application for rezoning is complete.
(j)
The Town Board may incur extraordinary costs
necessary for its deliberations, which shall be chargeable to the
applicant, after the applicant has been advised of and agrees to said
costs. In addition, the applicant shall procure and provide other
data, such as surveys and maps, which may be required.
(k)
The applicant shall also furnish the Planning
Board with all information in his possession which might affect its
decision.
(3)
Review criteria for rezoning.
(a)
The Planning Board, before making its recommendation,
and the Town Board, before making its determination, shall assess
the effect of the proposed rezoning on the public health, safety and
general welfare of its residents.
(b)
The town's determination shall consider, but
not be limited to, the following:
[1]
Impact on local traffic, including increased
cost for maintenance of local roads;
[2]
Impact on scenic, historic and natural resources
of the excavation area and surrounding areas;
[3]
Impact upon groundwater; any residential or
commercial water supply; drainage; watercourses; wetlands and critical
environmental areas;
[4]
Impact on contiguous landowners;
[5]
The character and compatibility with surrounding
land uses before, during and after the proposed mining operations;
[6]
The feasibility of a site to be adequately reclaimed;
[7]
Proposed buffers, setbacks from adjoining landowners,
hours of operation, and operational procedures to lessen dust, noise
and visual impact; and
[8]
Whether blasting is proposed as part of the
mining operations.
(c)
The Planning Board and the Town Board shall
also consider whether the proposed rezoning would result in a mining
operation with:
(4)
Duration of the district. The Natural Products Zoning
District is intended to be the land use zoning classification for
mining operations only during the period of time when active mining
and reclamation is underway. After completion of mining operations,
including reclamation, or non-use for a one-year period, the district
shall revert to the preapplication land use district.
(5)
Reapplication for rezoning. If an application for
rezoning of a parcel of land to an NP District is denied, reapplication
for the same parcel will not be entertained for a one-year period
from the date of disapproval.
E.
Special permit requirement.
(1)
In the event the NYSDEC issues a mining permit for a parcel in a Natural Products District, and the Town Board rezones the parcel, the applicant will be required to obtain a special use permit from the Planning Board pursuant to § 132-33 of this chapter. The Planning Board may impose conditions on the special use permit relating to public thoroughfares controlled by the town and routing of mineral transport vehicles on roads controlled by the town. In addition, the Planning Board may impose conditions concerning setbacks from the property boundaries and public thoroughfares, right-of-way, natural and man-made barriers to restrict access, dust control, and hours of operation, if those conditions have been imposed by the NYSDEC in its permit.
(2)
Expansion of a mining operation within a Natural Products
District shall require a special use permit.
(3)
Ingress and egress. Ingress and egress to a mining
operation shall be on a state highway wherever practical, unless the
Town Board finds that unique conditions favor allowing ingress and
egress on a town or county road. Only a single point of vehicular
access shall be provided to each mining site.
F.
Procedure for compliance with Environmental Conservation
Law § 23-2711.
(1)
Upon receipt of a notice from the NYSDEC, pursuant
to Environmental Conservation Law § 23-2711, the Town Supervisor,
as Chief Administrative Officer, shall schedule within two weeks a
public hearing before the Town Board for the purpose of soliciting
input from town residents regarding:
(2)
Prior to the public hearing, the Supervisor shall
provide a copy of the notice and accompanying documents to the Town
Planning Board for its review and recommendations.
(3)
Following conclusion of the public hearing, and at
least five days prior to the expiration of the thirty-day comment
period, the Town Board, at either a regularly scheduled Town Board
meeting or special Board meeting convened for this purpose, shall
review the comments made at the public hearing as well as any comments
and recommendations by the Planning Board, and formulate and forward
the town's recommendations to the NYSDEC. The Town Board shall also
determine whether the proposed mine is an area that has been zoned
to Natural Products. The Town Board, or its designee, shall prepare
supporting documentation justifying the particular recommendations.
(4)
The Supervisor shall transmit the town's determinations,
together with supporting documentation and a statement as to whether
or not mining is prohibited in the location in question, so that they
are received by the NYSDEC within 30 days from the date that the Supervisor
received the original notice from the NYSDEC.
A.
The intent of the NYS Route 21/Cohocton Street Overlay
District is to provide for a mixed-use development district at an
appropriate "village scale" which would allow for both residential
and appropriate commercial development to occur. The overlay district
will restrict or control site access along NYS Route 21/Cohocton Street
in order to prevent potentially significant traffic congestion problems
and vehicular and pedestrian conflict areas. The overlay district
will also require compliance with design guidelines to ensure compatibility
of land uses and to enhance the character of the corridor. Additionally,
the overlay district is intended to provide the Town of Naples Planning
Board with an additional level of review along the Route 21/Cohocton
Street Corridor.
B.
The regulations contained within this overlay district
are not intended to be substituted for other general zoning district
provisions but are superimposed over such district provisions and
shall be considered as additional requirements to be met by the applicant
or developer, prior to final project approval. In the event that the
regulations contained within the overlay district conflict with regulations
contained within the base zoning district or other sections of this
chapter, the overlay district regulations shall take precedence.
C.
Overlay district boundaries.
(1)
Any property or parcel of land designated within the
Zoning Map Overlay District shall be considered to be within the boundary
of the NYS Route.
(2)
Cohocton Street Overlay District. These parcels shall
be subject to the provisions and restrictions of this district, in
addition to the provisions and restrictions of the base zoning district
within which the property lies.
D.
District regulations.
(1)
Uses. Permitted principal uses, accessory uses and special permit uses within the NYS Route 21/Cohocton Street Overlay District, hereinafter referred to as the "overlay district," shall be those allowed within the underlying or base zoning district within which the property lies and shall be subject to the appropriate principal use provisions and restrictions of that district except as provided for Subsection E, Additional provisions and requirements.
(2)
Dimensional requirements. Dimensional requirements for development within the overlay district shall be those setbacks, lot sizes and lot coverage provisions of the underlying or base zoning district within which the subject properly lies except as provided for in Subsection E, Additional provisions and requirements.
E.
Additional provisions and requirements.
(1)
Residential uses. The use and other regulations that
apply to home occupations within the underlying residential district
shall be superseded by the following provisions:
(a)
The commercial standards as provided for in
this section, including the provision for site plan approval, shall
also apply to commercial uses within residential structures.
[Amended 10-12-2015 by L.L. No. 2-2015]
(2)
Commercial uses.
(a)
The Schedule of Regulations,[1] as contained in this chapter, is herein incorporated as
the dimensional criteria applicable to the commercial uses within
the overlay district except as otherwise regulated through this section.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
(3)
All uses.
(a)
Mixed-use developments, both residential and
commercial uses, may occur within the same structure. Conversion and
new construction of detached structures on residential lots to commercial
uses shall also be permitted on the same lot.
(b)
New construction, expansion or modification
of existing facilities, or change of use or occupancy requires site
plan approval by the Planning Board for all mixed-use and commercial
developments.
(c)
Article VIII, Site Plan Regulations, as contained in this chapter, is herein incorporated and shall be the applicable regulations for developments requiring site plan approval.
(e)
Article VI, § 132-29, as contained in this chapter, is herein incorporated and shall be the applicable regulations controlling parking within the overlay district except as otherwise regulated through this section.
[1]
Due to the flexible design of this mixed-use
overlay district, the Planning Board is authorized to reduce the required
parking for developments up to 50% where the Planning Board makes
a finding that the parking arrangements are adequate to serve the
development and will not negatively impact the vehicular traffic access
or circulation within or adjacent to the development.
(f)
Strict adherence to the requirements of the
New York State Uniform Building and Fire Codes for mixed uses within
the same structure shall be rigidly enforced.
(g)
Variable setbacks for residential and commercial
structures within the overlay district shall be as follows:
F.
Design guidelines.
(1)
New commercial buildings should be made to appear
compatible with the surrounding setting by orienting the building
perpendicular to the street. The side of the building that faces the
street should be similar in size and scale to the surrounding buildings.
(2)
If there is an existing building on a lot it should
be preserved.
(3)
New buildings, whether on vacant lots or sharing a
lot with an existing building, should be compatible in size, scale,
general appearance, and building materials with surrounding buildings.
(4)
Excessively large commercial buildings should be discouraged.
(5)
Sidewalks should be extended from the development
to the existing public sidewalk.
(6)
Areas of the lot used for vehicular travel, parking
of vehicles or the storage of equipment should be located in the side
or rear yards of the lot. Additionally, these areas should come no
closer than 20 feet of the side or rear property line.
(7)
Landscaping is a crucial factor in the protection
of adjacent residential properties. Screening of parking areas with
landscaping, including fencing, berms, trees, hedges, shrubs and ground
cover, should be included in the overall development.
(8)
Preservation and enhancement of existing vegetation
and natural features should be encouraged.
(9)
Storage of outdoor displays and equipment should be
located in the rear yard and appropriately screened.
(10)
Appropriate lighting, including design, location
and intensity, for the protection of adjacent residential properties
should be encouraged.
(11)
Shared driveway entrances and rear-yard driveways
between commercial developments should be encouraged where possible.
(12)
Commercial development fronting directly onto
Cohocton Street should be accessed with a minimum number of controlled
curb cuts.
