[Amended 5-23-2001 by L.L. No. 1-2001; 5-19-2004 by L.L. No. 2-2004; 6-15-2005 by L.L. No. 3-2005; 7-16-2008 by L.L. No.
4-2008; 1-15-2014 by L.L. No. 1-2014; 3-19-2014 by L.L. No. 4-2014; 9-20-2017 by L.L. No. 1-2017]
A. There shall be a Consolidated Planning Board between the Town of
Naples and the Village of Naples, hereinafter referred to as the CPB.
(1) Creation and membership of the Consolidated Planning Board.
(a)
The CPB shall consist of seven members and two alternate members.
(b)
Four members of the CPB shall be appointed by the Town Board
and three members shall be appointed by the Village Board.
(c)
The Town Board shall appoint one alternate member of the CPB
and the Village Board shall appoint one alternate member of the CPB.
(d)
The initial terms of the Town Board appointments shall be for
terms of one, three, five, and seven years.
(e)
The initial terms of the Village Board appointments shall be
for two, four, and six years.
(f)
Upon the expiration of the terms of the initial appointees to
the CPB, successors shall be appointed by the respective Boards for
terms of seven years.
(g)
The terms of the members of the CPB shall begin on January 1
and shall end on December 31 of each year.
(h)
In the event of a vacancy occurring during a term, the appointment
of a replacement for that vacancy shall be for the remainder of the
term of the vacancy being filled.
(i)
Members appointed by the Town Board shall be replaced by the
Town Board. Members appointed by the Village Board shall be replaced
by the Village Board.
(j)
Any removal of a member of the CPB shall be done by the Board
appointing that member. Removal shall be done in accordance with the
provisions of Town Law § 271(9) or Village Law § 7-718(9)
as the case may be.
(2) Powers and duties.
(a)
The CPB shall have all the powers, duties, and responsibilities
as are prescribed by the Code of the Town of Naples, the Code of the
Village of Naples, Article 16 of the Town Law, Article 7 of the Village
Law, and any other applicable laws or regulations, all as may be amended
or superceded from time to time.
(b)
Any reference to the term "Planning Board" in the Code of the
Village of Naples shall hereafter be interpreted to mean the CPB.
(3) Alternate members.
(a)
An alternate member may be substituted for one or two members
of the CPB in the event of a conflict of interest on the part of such
member(s) or in the event of the lack of a quorum of members of the
CPB. The substitution of an alternate member to the CPB shall be made
by the Chairperson of the CPB. The provisions of Town Law § 271(15)
or § 7-718 of the Village Law shall apply to such alternate
members, depending upon the authority which appointed the alternate
member.
(b)
In the event of the substitution of an alternate member for
the CPB, such alternate member shall not participate in any vote taken
by the CPB unless that alternate member has first duly reviewed all
of the records, documentation and minutes of previous proceedings
pertaining to the matter being voted upon.
(c)
In providing for alternate members to sit in substitution of
members when a quorum is lacking, it is the intent of this section
to supersede the provisions of § 271 of the Town Law.
(d)
The Town Board of the Town of Naples shall appoint the Chairperson
of the CPB.
B. Annual meeting, regular meetings and special meetings.
(1) The annual or July meeting of the Planning Board shall
be devoted to the election of officers and other such business as
scheduled by the VPB.
(2) The Planning Board shall meet on at least a monthly
basis at a date and time to be established by the Chairperson of the
Board.
(3) Special meetings shall be held at a time and place
designated by the Chairman or the Vice Chairman in the absence of
the Chairman. Verbal or written notice shall be given to all members
not less than seven days in advance thereof.
C. Meeting procedure. Every Planning Board meeting shall
proceed as follows:
(3) Motion to approve minutes.
(4) Acknowledge public comments for the record.
D. Quorum; voting.
(1) A quorum shall consist of three out of five members
for the purpose of voting on matters within the jurisdiction of the
Planning Board. No action shall be taken in the absence of a quorum.
(2) Voting shall be done by voice, with each member attending
entitled to cast one vote. In the event that any member present has
a personal interest of any kind in the matter being voted on, he shall
recuse himself from voting on that matter and the Secretary shall
so record said action in the minutes. A majority vote of the Board
shall be necessary for the adoption of any proposed action, recommendation,
or other voting matter.
E. Chairman and Vice Chairman and their duties. The officers
of the Planning Board shall consist of the Chairman and the Vice Chairman,
both elected at the annual meeting, approved by the Village Board
of Trustees, each of whom shall serve a one-year term.
(1) The Chairman shall:
(a)
Preside at all VPB meetings.
(c)
Sign all official documents, except minutes.
(d)
See that all reports, documents and actions
of the VPB are properly made, executed or filed in accordance with
the Village or state zoning laws.
(2) Vice Chairman. During the absence of the Chairman,
the Vice Chairman shall exercise and perform all the duties and responsibilities
of the Chairman.
G. Recommendations to the Village Board of Trustees.
Prior to making recommendations to the Village Board of Trustees regarding
amendments to this chapter, the Planning Board shall send these recommendations
to the Ontario County Planning Board (OCPB) for review. The OCPB shall
return its input to the VPB with acceptance with modifications or
denial. The OCPB's input will be taken into consideration for the
review process.
H. VBT referrals to the Village Planning Board. Should
the VBT receive a request for any chapter or district change which
it wishes to consider, it shall refer the request to the VPB for review.
I. Authority and duties of the VPB. The VPB has the authority
to approve or deny the following:
(1) Subdivision applications.
(3) Special use permit applications.
(4) Review of new businesses.
J. Village Planning Board recommendations. The Village
Planning Board is hereby empowered to make recommendations regarding
the following.
(4) Strategic Plan review and changes.
K. Official signature. The signature of the Planning
Board Chairman or Acting Chairman shall be required upon all official
documents.
[Amended 5-17-2000 by L.L. No. 1-2000; 9-15-2004 by L.L. No. 3-2004]
A. Site plan approval shall be required prior to the
issuance of building permits for new construction on vacant land or
prior to the construction of additions to all existing buildings (but
not to include single-family dwellings in R-1 and R-2 Districts).
B. The Code Enforcement Officer shall refer such site
plan applications to the Planning Board for review. No building permits,
as stated above, will be issued until the Planning Board has given
site plan approval.
[Amended 7-16-2008 by L.L. No. 4-2008]
C. Public hearing; posting of sign.
[Amended 6-21-2006 by L.L. No. 2-2006; 11-18-2009 by L.L. No. 3-2009]
(1) A
public hearing on the request for site plan approval shall be held
by the Planning Board. Prior to the hearing, the owner/applicant shall
be required to obtain from the Code Enforcement Officer a sign which
states in substance that the subject property is under review by either
the Planning Board or the Zoning Board of Appeals, as the case may
be. The sign must be posted upon the subject premises within five
days of the date upon which the applicant's application is deemed
to be complete. The sign must be posted in the front yard of the subject
premises in plain view, and must be maintained in an upright position
at all times so that it is readable by the public throughout the duration
of the application process. Placement of the sign shall be done in
accordance with the requirements of this Code. The failure of the
owner/applicant to observe these posting requirements shall result
in the denial of the application. The sign shall be removed by the
owner/applicant within five days of the filing of the final decision
with the Village Clerk.
(2) In
addition, a legal notice of the public hearing shall be published
in a newspaper of local circulation at least five days prior to the
date of the hearing.
(3) Notice
of the hearing shall be given to all owners of properties contiguous
to the subject parcel by first-class mail, which shall be mailed at
least 15 days prior to the date of the hearing, to the address of
the property owner(s) as appears from the most recent Village property
tax rolls. For the purpose of this section, "contiguous" shall include
those properties which adjoin the subject parcel in the center line
of a Village street.
[Added 1-15-2014 by L.L. No. 1-2014]
D. When site plan review involves property that is within
500 feet of an adjacent municipality, as defined in § 239-nn
of the General Municipal Law, the Planning Board shall give notice
to the adjacent municipality by mail or electronic transmission to
the clerk of the adjacent municipality at least 10 days prior to any
hearing. Such adjacent municipality may appear and be heard.
[Added 7-16-2008 by L.L. No. 4-2008]
[Added 12-19-2007 by L.L. No. 1-2008]
Applications for site plan approval shall be
made in writing on forms provided by the Code Enforcement Officer.
A. Preapplication meeting. Before applying for site plan
review, the applicant shall meet with the Code Enforcement Officer
and at least one member of the Planning Board and/or its designated
design consultant. This meeting will be scheduled after the applicant
has provided the Code Enforcement Officer with sufficient drawings,
photographs, written descriptions, catalog sheets, material samples,
etc., to clearly and fully communicate the design intent of the project.
Drawings may be in sketch form but should be detailed enough to accurately
present the concept. Information should include any proposed changes
to the site, including buildings, structures, objects, signs, pavement,
grading and plantings. All submitted documents should contain the
applicant’s name and contact information, project address and
submission date. All will be kept by the Code Enforcement Officer.
B. Preliminary site plan review. Following the pre-application
meeting, the applicant shall submit whichever of the following documents
are needed to fully describe the project. Drawings should be at a
specific scale, either engineering (for example one inch equals 20
feet) or architectural (for example 1/4 inch equals one foot zero
inches). Each submitted page should be numbered and dated and should
include the applicant's name and contact information. The Code Enforcement
Officer will keep these documents.
(1) Site plan showing any proposed buildings, structures,
outdoor storage areas, fences, retaining walls, freestanding walls,
signs, light poles, site furniture (such as benches and tables) and
other site accessories (such as bicycle racks and trash containers).
Show also any paved surfaces such as walkways, driveways, parking
lots and loading areas, with any decorative patterns, edge treatment,
pavers, control joints, expansion joints, etc. Show also any drains
or culverts.
(2) Building first floor and roof plans.
(3) Building elevations with materials noted. Show any
building-mounted signs, light fixtures, HVAC grilles, awnings, canopies,
roof penetrations (such as pipe vents), and screening of any mechanical
equipment, including rooftop units.
(4) Fence and wall elevations, including any that screen
equipment, trash areas or loading areas.
(5) Signage size, location, design and materials. Include
scaled drawings showing graphic layout, colors, type of illumination,
lumen levels, and supporting structures.
(6) Samples and/or catalog sheets of building and site
materials and equipment. A sample of glass will be required if anything
other than clear is proposed. Information on exterior lighting should
include type of lamp, lumens and light spread.
(7) Grading, drainage and stormwater management plans,
showing watercourses and existing and proposed contours. This information
may be incorporated into the site plan noted above.
(8) Where grades exceed 3%, a cross-sectional drawing
of the site showing any substantial grade changes and the location
of any buildings, structures and/or objects.
(9) Sewage disposal method and the location, design and
materials of the system.
(10)
Landscape plan with plants identified by quantity,
common name, Latin name, root ball size, initial caliper and mature
height. Show any proposed buffer areas, including any existing vegetation.
Also show any landscape lighting. This information may be incorporated
into the site plan noted above.
C. Final site plan review. For this review, the applicant
shall submit any drawings and documents that supplement or modify
those from the prior submission. Any materials already submitted that
have not changed do not need to be resubmitted. For this final submission,
drawings shall be accurately drawn, dimensioned and annotated.
D. Changes subsequent to Planning Board approval. Any
significant design change made to a project following final site plan
approval is subject to Planning Board review and approval prior to
the start of construction. Significant changes include, but are not
limited to, those that affect building style, windows and doors, materials,
pavement, signage, and mechanical or electrical equipment visible
from the public right-of-way and unscreened.