The Planning Board of the Village of Naples,
New York, has the power and authority to approve plats for subdivisions
within its corporate limits by virtue of a resolution adopted by the
Board of Trustees of the Village of Naples on the 16th day of December
2003 pursuant to the provisions of § 7-728 of the Consolidated
Village Laws of the State of New York (hereinafter referred to as
the "Village Law"). For the same purposes and by the same resolution
the Planning Board is also empowered to approve the development of
plats, entirely or partially undeveloped, which were previously filed
in the office of the Ontario County Clerk.
These regulations are adopted for the following
purposes:
A. To protect, create, and provide for conditions favorable
to the public health, safety and general welfare;
B. To guide future growth and development in accordance
with established standards and sound planning principles as may be
further set forth in the Village of Naples Strategic Plan, a Comprehensive
Guidebook;
[Amended 7-16-2008 by L.L. No. 4-2008]
C. To preserve the character and the social and economic
stability of the community through encouraging orderly and beneficial
development;
D. To secure safety from fire, flood, erosion and other
danger;
E. To prevent overcrowding of the land and undue congestion
of population;
F. To ensure that such public facilities as transportation,
water, sewerage, drainage, fire protection, schools, parks, playgrounds
and recreation areas are available and will have sufficient capacity
to serve lands proposed for development and, in the event that such
facilities are deficient, that they are then provided for;
G. To provide for the most beneficial relationship between
land, buildings and the circulation of traffic, having particular
regard to the avoidance of congestion of streets and highways and
hazards to pedestrian and vehicular traffic;
H. To protect and conserve the value of land, buildings
and improvements, and to minimize potential conflicts among the uses
of neighboring land and buildings;
I. To establish design standards and procedures for the
subdivision of land and to ensure proper legal descriptions and monumentation
of subdivided land;
J. To preserve and enhance the human and community resources
of the area by preventing damage to the environment as a result of
development;
K. To preserve the natural beauty and topography of lands
by fostering appropriate development which shows special regard for
the protection of environmentally sensitive areas; and
L. To provide for open spaces by encouraging or requiring
alternate subdivision designs which vary minimum lot widths and areas
without exceeding the maximum development densities established in
the Village of Naples Zoning Law pursuant to § 7-738 of Village Law.
These regulations shall be known and may be
cited as the "Village of Naples Land Subdivision Regulations."
If any part or provision of these regulations
or application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in all controversy in which such judgment shall
have been rendered and shall not impair the validity of the remainder
of these regulations or the application thereof to other persons or
circumstances.
As used in these regulations, the following
terms shall have the meanings indicated:
ALLEY
A minor right-of-way providing vehicular access to the side
or rear of two or more properties and only serving as a secondary
means of access.
APPLICANT
The owner of land proposed to be subdivided or developed
or his agent.
ARCHITECT
A person licensed as an architect by the State of New York.
BLOCK
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of other municipalities.
BOND
Any form of security, including a cash deposit, surety bond,
collateral, property, or letter of credit, in an amount acceptable
to the Village Board of Trustees and form satisfactory to the Village
Attorney.
CLUSTERING
A manner of designing subdivisions whereby lots are more
densely concentrated than would generally be permitted by the Zoning
Law, provided that when taken as a whole the density within the subdivision
is no greater than that permitted by the Zoning Law. The purposes
of such a design are to enable and encourage the development of land
in such a manner as will promote the most appropriate use of the land,
will facilitate the adequate and economical provision of streets and
utilities, and will preserve the natural and scenic qualities of open
lands.
COMMUNITY FACILITY
Any development or improvement the purpose of which is to
benefit the common interests of the residents of the Village or the
residents of a particular portion of the Village.
CONDITIONAL APPROVAL OF FINAL PLAT
The approval by the Planning Board of a final plat subject
to conditions set forth in a resolution. Such conditional approval
does not qualify a final plat for recording in the office of the Ontario
County Clerk.
CONSTRUCTION DETAIL
The maps or drawings accompanying a subdivision plat showing
the specific location, size and design of all subdivision improvements.
CONTRACTOR
An agent acting for the developer to construct the required
improvements of the project. The contractor is responsible to perform
the work in conformance with these requirements subject to the approval
of Village officials.
DEVELOPER
An individual, partnership or corporation or agent thereof
holding title to a parcel of land and applying for permits to develop
land.
DIVISION OF LAND
The division of any parcel of land into two or more parcels
or lots.
DOUBLE FRONTAGE LOT
A lot having at least two boundaries abutting separate streets
which do not intersect.
DRAINAGE DISTRICT
A special improvement district established or extended for
the purpose of constructing and maintaining stormwater drainage facilities.
DRAINAGE EASEMENT
Easements required for the installation or periodic maintenance
of stormwater sewers, drainage ditches or detention facilities providing
for the flow of water therein to safeguard the public and the environment
against danger from flood or erosion.
DRIVEWAY
A corridor of suitable grade, width and stability providing
safe and adequate pedestrian and vehicular access to a lot and the
structures thereon from an intersecting public right-of-way.
ENGINEER
A person licensed as professional engineer (PE) by the State
of New York.
FINAL APPROVAL
The signature of the Planning Board Chairman upon an approved
final plat pursuant to a resolution of the Planning Board approving
or conditionally approving the final plat.
FINAL PLAT
A drawing showing the layout of a proposed subdivision and containing in such detail as is described in §§
315-13 and
315-14 of these regulations all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board when approving the preliminary plat.
FLOOD HAZARD AREA
Land in a floodplain subject to a one-percent or greater
chance of flooding in any given calendar year.
FLOODPLAIN
Areas adjoining a watercourse which are flooded as a result
of a severe combination of meteorological and hydrologic conditions.
FLOODWAY
The channel and those parts of the adjoining floodplain which
are required to carry and discharge floodwater and which may not be
obstructed without unduly raising upstream water levels.
GRADING PLAN
A topological drawing showing all present and proposed elevation
contours at such intervals of elevation as are required herein.
IMPROVEMENTS
Those physical additions and changes to the land, whether
or not offered for dedication, that are designed to produce functional
lots. Improvements include, but are not limited to, grading, paving,
curbing, fire hydrants, water mains, individual sewage disposal systems,
stormwater sewers, ditches, ponds and culverts, driveways, sidewalks,
crosswalks, and required plantings.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
An independent system of piping, tanks or other facilities
serving a lot and disposing of sewage or other liquid wastes into
the soil of the lot.
INSPECTOR
An agent of the Village empowered to inspect the progress
of the project and compliance of the construction with the approved
plats and specifications. Also see "Code Enforcement Officer" and
"Village Engineer."
INTERIOR WALK
A right-of-way for pedestrian use extending from a street
into a lot or across a block to another street.
LETTER OF CREDIT
An instrument issued by a bank which guarantees the availability
of funds in a specific amount for withdrawal by the Village and is
intended to guarantee the complete and satisfactory construction of
improvements in accordance with approved plats. Also see "bond."
LOT
A tract or parcel of land intended for transfer of ownership,
use or improvement.
MONUMENT
A permanent reference marker set at points as required herein.
OFFICIAL SUBMISSION DATE
The date upon which a subdivision plat shall be considered
submitted to the Planning Board and which is hereby limited to dates
upon which there is held a scheduled Planning Board meeting.
OWNER
Any person, group of persons, association, partnership, corporation
or other legal entity having legal title to or sufficient proprietary
interest in the land sought to be subdivided or developed under these
regulations.
PARCEL
An area of land delineated as a contiguous unit by a tax
map approved by the New York State Board of Real Property Services.
[Amended 7-16-2008 by L.L. No. 4-2008]
PARENT PARCEL
A parcel, combination of parcels, or tract from which two
or more derivative parcels or lots are created by division.
PAVEMENT
That portion of a street or alley intended for vehicular
use which consists of a hard surface.
PERMANENT HIGHWAY EASEMENT
A strip of land adjacent to an existing street right-of-way
line used for a public purpose. The front lot line shall be considered
to be coincident with the permanent highway easement boundary. Where
there is no requirement for a permanent highway easement, the front
lot line shall be considered to be coincident with the existing right-of-way
line.
PIN
A metal reference marker set at points as required herein.
PLAT
A drawing or set of drawings indicating the manner or layout
of a subdivision which is to be submitted for approval together with
all required improvements and appurtenances. Types of plats include
preliminary and final. Each type of plat requires a different level
of detail.
PLAT APPROVAL
The approval of the Planning Board of a final or preliminary
plat set forth in a resolution. Plat approvals may include modifications,
and approvals of final plats may be conditional. A resolution of the
Planning Board approving a plat does not constitute final approval
and does not qualify a plat for recording in the office of Ontario
County Clerk. Also see "final approval."
PRELIMINARY PLAT
A drawing showing the layout of a proposed subdivision which includes road and lot layout and approximate dimensions, topography and drainage facilities prepared in a manner consistent with §§
315-11 and
315-12 of these regulations.
RECORD SHEET
A map, plan or plat which provides information concerning
the actual location of improvements as built.
RESUBDIVISION
Revision of all or part of an existing filed subdivision
plat, including consolidation of lots, annexation of land to lots
or any other alteration of approved lot boundaries.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic
street and minor traffic street and with vehicular access solely from
the latter.
RIGHT-OF-WAY
A.
PRIVATE RIGHT-OF-WAYLand owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipelines, rails or other special uses.
SIGNIFICANCE DETERMINATION
A decision made by a lead agency under SEQR which establishes
the degree to which a proposed action is likely to affect the environment.
SKETCH PLAN
An informal plan to scale indicating existing features of a tract and its surroundings and the general layout of a proposed subdivision prepared in a manner consistent with §
315-10 of these regulations.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
A formal review pursuant to Part 617 of the New York Codes,
Rules and Regulations which seeks to ensure a productive and enjoyable
harmony between man and his environment and promotes efforts which
will prevent or eliminate damage to the environment and enhance human
and natural resources.
STATEMENT OF INTENT
A binding statement of intentions submitted by an applicant
for the purpose of clarifying current or future development intentions
and submitted as a condition for obtaining plat approval.
STREET
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation. Classes
of streets are as follows:
A.
ARTERIAL STREETSThose serving large volumes of comparatively high-speed and long-distance traffic.
B.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept minor streets and provide routes carrying considerable volumes of traffic to community facilities and to major traffic streets.
C.
MARGINAL ACCESS STREETSMinor streets located adjacent and parallel to major or arterial streets which provide service for abutting properties.
D.
MAJOR STREETSEither arterial or collector streets which carry considerable volumes of traffic.
E.
MINOR STREETSThose used primarily to provide access to abutting properties.
F.
LOCAL STREETA dedicated minor street which has the dual purpose of providing limited access for traffic and access to individual properties. Local streets are not intended to serve through traffic.
SUBDIVIDER
Any person, association, partnership, or agent thereof proposing
subdivision as defined herein.
SUBDIVISION
Any tract or parcel of land which is divided into a lot or
lots along an existing or proposed street, highway, easement, or right-of-way
for purposes of conveyance, improvement, sale, or rent or offered
for sale or leased for any period of time, whether such lots are described
by metes and bounds, by reference to a map, survey of the property
or by any other method of description and regardless of whether the
lots or plots are contiguous. The division of a parcel of land into
parcels that each contain at least 20 acres of land shall be exempt
from the requirements of this chapter, provided that the division
involves no new streets, roads, drives, or rights-of-way or improvement
districts and that the division complies with all the provisions of
the Zoning Law of the Village of Naples.
A.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision under these regulations.
B.
MINOR SUBDIVISIONAny subdivision of four lots or fewer, fronting on an existing street or highway, not involving any new streets or highways nor the creation or extension of municipal facility or improvement districts, and in the opinion of the Planning Board not adversely effecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Zoning Law of the Village of Naples.
SURVEYOR
A person licensed as a land surveyor by the State of New
York.
VILLAGE ENGINEER
The duly designated Engineer for the Village Board of Trustees.
TRACT
Any body of land, including contiguous parcels of land, under
the common ownership or control of any owner, developer or subdivider
acting in concert as part of a common scheme or plan.
WETLANDS
Freshwater wetlands, including lands and submerged lands,
commonly called marshes, swamps, sloughs, bogs and flats, supporting
aquatic and semiaquatic types identified in Article 24 of the New
York State Environmental Conservation Law or by any applicable federal
law or regulation.
[Amended 7-16-2008 by L.L. No. 4-2008]
ZONING LAW
The officially adopted Zoning Law of the Village Board of
Trustees, as amended from time to time.
ZONING MAP
The Official Zoning Map of the Village Board of Trustees
which shows the boundaries of zoning districts within the Village,
as amended from time to time.