A.
The Naples Town Planning Board is hereby empowered
to grant site plan approval in accordance with the provisions of § 274-a
of the New York State Town Law and pursuant to the powers vested in
the town under the Municipal Home Rule Law. The Planning Board may
review and approve, approve with modifications or disapprove site
plans prepared to specifications set forth in this chapter.
B.
Where it is deemed appropriate, the Town Planning
Board may waive any requirements for the approval, approval with modifications
or disapproval of site plans submitted for approval. Such waiver may
be exercised by the Planning Board in the event any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site plan.
C.
The Planning Board may impose such reasonable conditions
and restrictions as are directly related to and incidental to a proposed
site plan. Upon its approval of said site plan, any such conditions
must be met prior to the issuance of zoning permits or building permits
by the Zoning Enforcement Officer.
D.
To determine whether site plan approval is to be required
by the Town Planning Board, refer to the specific zoning district,
supplementary regulations, and/or overlay zoning sections of this
chapter. Generally speaking, site plan approval is required for site
development activities within the following zoning districts, or for
special use permits and within the areas of steep slope developments
or activities:
(2)
Industrial Districts (I-1), see § 132-22F.
(6)
Commercial or mixed-use developments within the NYS Route 21/Cohocton Street Overlay District, see § 132-26E(3)(b).
Applications for site plan approval shall be
made in writing to and on forms provided by the Zoning Enforcement
Officer. All site plans shall be prepared by a New York State licensed
engineer, architect, landscape architect or surveyor and shall contain
the following information:
A.
Title of drawing, including name and address of applicant
and person responsible for preparation of such drawing.
B.
Map at a scale of one inch equals 50 feet, with North
arrow and scale.
C.
Boundaries of the property plotted to scale.
D.
Map of site topography at no more than five-foot contour
intervals. If the general grades have susceptibility to erosion, flooding
or ponding, contour intervals of not more than two feet of elevation
shall also be provided.
E.
Existing watercourses.
F.
Grading, drainage and stormwater management plan,
showing existing and proposed contours.
G.
Location, proposed use and height of all buildings.
H.
Location, design and construction materials of all
parking and truck loading areas, showing access and egress.
I.
Provision for pedestrian access.
J.
Location for outdoor storage, if any.
K.
Location, design and construction materials of all
existing or proposed site improvements, including drains, culverts,
retaining walls and fences.
L.
Description of the method of sewage disposal and location,
design and construction materials of such facilities.
M.
Description of the method of securing water and location,
design and construction materials of such facilities.
N.
Location of fire and other emergency zones, including
the location of fire hydrants.
O.
Location, design and construction materials of all
energy distribution facilities, including electric, oil, gas and solar
energy.
P.
Location, size and design and construction materials
of all proposed signs.
Q.
Location and proposed development of all buffer areas
including existing vegetative cover.
R.
Location and design of outdoor lighting facilities.
S.
Designation of the amount of building area proposed
for retail sales or similar commercial activity.
T.
General landscaping plan and planting schedule.
U.
Other elements integral to the proposed development
as considered necessary by the Planning Board, including identification
of any state or county permits required for the project's execution,
and SEQR documents.
The Planning Board's review of the site plan
shall include, as appropriate, but is not limited to the following
general considerations:
A.
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road width, pavement surfaces,
dividers and traffic control.
B.
Adequacy and arrangement of pedestrian traffic access
and circulation, walkways, structures, control of intersections with
vehicular traffic and overall pedestrian convenience.
C.
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
D.
Location, arrangement, size, design and general site
compatibility of buildings, lighting and signs.
E.
Adequacy of water supply and sewage disposal facilities.
F.
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer between
applicant's and adjoining lands, including the maximum retention of
existing vegetation.
G.
In the case of an apartment complex or other multiple
dwellings, the adequacy of usable open space for play areas and informal
recreation.
H.
Protection of adjacent or neighboring properties against
noise, glare, unsightliness or other objectionable features.
I.
Adequacy of fire lanes and other emergency zones and
the provision of fire hydrants.
J.
Special attention to the adequacy of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
A.
In its review, the Planning Board may consult with
the Zoning Enforcement Officer, Fire Commissioners, County Planning
Board, other local and county officials, and its designated Town Engineer,
as well as with representatives of federal and state agencies.
B.
The Planning Board may require that the exterior design
of all structures be made under the direction of a registered architect,
whose seal shall be affixed to the plans, and to submit landscaping
plans made by or under the direction of a registered landscape architect
together with an estimate of the cost of installing same.
C.
The Planning Board may conduct a public hearing when
the Board finds it necessary to base its determination in part upon
information and belief of interested members of the public. If the
Planning Board decides to hold a public hearing, the Board shall give
notice to the applicant and County Planning Board, in accord with
the requirements of § 274-a of the New York State Town Law.
D.
The Planning Board's decision on the site plan shall
be filed in the office of the Town Clerk within five business days
after such decision is rendered, and a copy thereof mailed to the
applicant.
E.
Upon approval of the site plan, the Planning Board
shall direct the Planning Board Chairman to endorse an official copy
of the site plan, provided that all required modifications have been
made to the site plan, as well as evidence of necessary permits from
all other agencies have been obtained. The Zoning Enforcement Officer
shall then be directed to issue the necessary zoning permits.
F.
No occupancy permits or certificates of completion
shall be issued until all improvements shown on the site plan are
installed or a sufficient performance guaranty, approved by the Town
Board, has been posted for improvements. The sufficiency of such performance
guaranty shall be determined by the Planning Board after consultation
with the Zoning Enforcement Officer, designated Town Engineer, or
other local officials prior to recommendation to the Town Board.
G.
No filling of lands, grading, removal of vegetation, or excavation for construction of site improvements shall begin until the applicant has received final site plan and has complied with the endorsement requirements of Subsection E above.
H.
In addition to the site plan application fee established
by the Town Board, costs incurred by the Planning Board for consultation
fees or other extraordinary expenses in connection with the review
of a site plan shall be charged to the applicant at a cost not to
exceed $50 per acre or fraction thereof.
I.
The Zoning Enforcement Officer shall be responsible
for the overall inspection of site improvements, including coordination
with other officials and agencies, as appropriate.
J.
Site plan approval will automatically terminate one
year after the same is granted unless significant work has been done
on the project.
K.
Whenever the particular circumstances of a proposed development require compliance with either special use procedures in this chapter or the requirements of Chapter 116, Subdivision of Land, SEQR, or other requirements, the Planning Board shall attempt to integrate site plan review as required by this section with the procedural and submission requirements for such other regulations.
