A.
Lot line alterations are not considered subdivisions
under these regulations. All applications for lot line alterations
shall be subject to approval by the Code Enforcement Officer and shall
be submitted on a form prescribed by the Code Enforcement Officer.
This will ensure that a proposed lot line move does not create a nonconforming
lot.
B.
Preliminary and final plats for all proposed subdivisions
of land within the Village of Naples shall be filed with the Planning
Board Chairman for approval.
C.
Sketch plans. The subdivider may request that subdivision
sketch plans be reviewed by the Planning Board. The review of sketch
plans is encouraged in order to:
D.
Preliminary plats. Unless clearly designated to be a sketch plan, the initial plat filed with the Planning Board shall be considered to be the official preliminary plat. The preliminary plat shall comply with the procedural requirements of § 315-11 and conform to the preliminary plat checklist in § 315-12.
E.
The Planning Board shall refer subdivision plats to
the Ontario County Planning Board as required by § 239-n
of the General Municipal Law.
F.
When an application for subdivision review and approval
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.
[Added 7-16-2008 by L.L. No. 4-2008]
G.
Approval of preliminary/final plats for certain subdivisions. At the first or subsequent consideration of a preliminary plat, and with respect to minor subdivisions only, the Planning Board may grant final plat approval if the plat and supporting data comply with the requirements for the submission of final plats as described in §§ 315-13 and 315-14, and only after the holding of a public hearing as provided by § 315-11.
H.
Final plats. The final plat submitted to the Planning Board shall contain all information required on the preliminary plat and the modifications, if any, stipulated by the Planning Board in the resolution approving the preliminary plat. The final plat shall also comply with the procedural requirements of § 315-13 and conform to the final plat checklist in § 315-14.
J.
SEQR. All applications for subdivision approval require
appropriate environmental review in accordance with the State Environmental
Quality Review laws and regulations.
K.
Surety. The Planning Board may require that appropriate
surety be posted to assure that a development is constructed as designed
and/or to assure that the conditions of approval are satisfied.
L.
Fees. All applications for subdivision approval shall
be accompanied by a fee as established by the Village Board of Trustees.
This fee shall be used to cover the cost of the subdivision review
and approval process, including such administrative costs as engineering
review, public hearing notices, inspections and communications, unless
otherwise stated herein.
M.
Public hearing. All subdivision proposals require
a public hearing before the Planning Board. All owners of property
located within 500 feet of the parcel proposed for subdivision shall
be notified by the Village Clerk of the public hearing by mail and
a copy of the notice published in the official newspaper of the Village
of Naples. The public hearing is held to permit the public to learn
details of the proposed development and to comment thereon.
N.
Date of receipt. An application for preliminary plat
approval shall not be considered complete until the Planning Board
has made a SEQR determination of nonsignificance, or, alternatively,
should the Board determine that the action may have a significant
effect on the environment, the application shall not be deemed to
be complete until the Board has accepted and filed a draft environmental
impact statement.
O.
Issuance of permits restricted. No site improvements
within a subdivision shall be commenced and no building or zoning
permits for construction within the subdivision shall be issued until
the plat has received final approval by the Planning Board and the
required surety, if any, has been posted.
The sketch plan shall be clearly designated
as such and shall identify the existing general land features, the
available utilities, the proposed land use and zoning, and the layout
of lots. Planning Board members may suggest modifications to but shall
not approve or disapprove the sketch plan or concepts represented
therein. Comments made by individual Board members during sketch plan
review shall not be interpreted as constituting approval or disapproval
by the Board nor shall they be interpreted to limit the scope of any
subsequent review or approval of a derivative plan. Planning Board
review of sketch plans is hereby found by the Planning Board to be
a Type II action under SEQR.
A.
Preliminary plats shall be clearly identified on the
plats as being preliminary. A minimum of nine copies of the preliminary
plat shall be submitted to the Planning Board as well as such additional
copies as necessary to notify Village officials and any involved agencies
under SEQR (one for each Planning Board member, one for the Planning
Board Secretary, and one for the Code Enforcement Officer).
B.
Preliminary plats shall be accompanied by sufficient
information to allow the Planning Board to assess the potential environmental
impact of the proposed subdivision.
C.
Preliminary plats shall be accompanied by the prescribed
fee.
D.
Within 62 days of receipt of a complete application
for preliminary plat approval by the Chairman of the Planning Board,
the Planning Board shall hold a public hearing as required by Village
Law § 7-728. An application for preliminary plat approval
shall not be considered complete until the Planning Board has made
a SEQRA determination of nonsignificance, or, alternatively, should
the Board determine that the action may have a significant effect
on the environment, the application shall not be deemed to be complete
until the Board has accepted and filed a draft environmental impact
statement.
E.
The Planning Board shall by resolution approve, with
or without modification, or disapprove the preliminary plat within
the time frame prescribed by Village Law § 7-728. The grounds
for a modification, if any, or the grounds for disapproval shall be
stated upon the record of the Planning Board. Within five days of
the approval or disapproval of a preliminary plat, it shall be certified
by the Chairman of the Planning Board as granted or denied preliminary
approval. A copy of the resolution approving or disapproving the plat
shall be included in the Planning Board's minutes and a copy mailed
to the subdivider.
[Amended 7-16-2008 by L.L. No.
4-2008]
F.
Approval of the preliminary plat shall constitute
Planning Board approval of the character and intensity of the development,
the general layout of the subdivision, the dimensions and location
of streets and lots, and the provision for and approximate location
of utilities and other community facilities, as each is proposed,
but subject to those modifications, if any, stipulated by the Board
in its approval.
G.
In the event that the Planning Board fails to take
action on a preliminary plat within the time prescribed therefore
by Village Law § 7-728, the plat shall be deemed approved
and a certificate of the Village Clerk as to the date of submission
and the failure to take action within such a prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval herein required.
[Amended 7-16-2008 by L.L. No.
4-2008]
The preliminary plat for subdivisions shall
show or be accompanied by the following information:
A.
Proposed subdivision name or identifying title;
B.
Date, North arrow and scale. The plat shall be at
a scale of no more than 100 feet to the inch;
C.
Name of the owner of the property;
D.
Name of the engineer, surveyor, or architect responsible
for the plat;
E.
Tract boundaries with bearings and distances;
F.
Contours at vertical intervals of 20 feet as determined
from a topographic survey or a topographic survey map of the United
States Geological Survey. In the case of steep or unusual tracts,
the Planning Board may require contours at such lesser intervals as
it finds necessary for study and planning of the tract;
G.
Delineation of any land exceeding a slope of 15%,
land within a New York State Department of Environmental Conservation
freshwater wetland, land within a FEMA special flood hazard zone or
lands otherwise designated by the Village Zoning Law as being within
an overlay district;
H.
Delineation of limits of any land to be disturbed
in any manner, including areas to be cut, filled, excavated, or graded,
and contours, both existing and proposed, at vertical intervals of
no more than two feet for areas within such limits;
I.
Location and description of all swales, ponds, basins,
fences, dikes or other devices required to control soil erosion and
sedimentation;
J.
Datum to which contour elevations refer. Where reasonably
practicable, datum shall refer to United States Geological Survey
(USGS) established elevations;
K.
All existing watercourses, tree masses and other significant
natural features;
L.
All existing buildings, storm sewers, water mains,
culverts, petroleum or petroleum product lines, fire hydrants and
other significant man-made features and utilities;
M.
All existing streets on or adjacent to the tract,
including names, right-of-way widths and pavement widths;
N.
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established;
O.
Location and width of all proposed streets, alleys,
rights-of-way, easements, and proposed lot lines and location and
dimensions of all playgrounds, public buildings, public areas and
other parcels of land proposed to be dedicated to or reserved for
public use;
P.
Location and width of all proposed driveway intersections
with streets and sight distances therefrom. Suitable means of access
must be shown for each lot unless such lot is annexed to an existing
parcel;
Q.
Estimated location, size and invert elevation of all
proposed storm sewers and location of all manholes, inlets and culverts;
R.
Estimated location and size of all proposed water
mains, laterals, hydrants, meters and valves;
S.
The proposed locations, sizes, and design of individual
sewage disposal systems, including the locations and results of tests
conducted to determine soil percolation capabilities and deep soil
profiles;
T.
Wherever practical, the names of owners of all abutting
unplotted land;
U.
Where the preliminary plat covers only a part of the
subdivider's entire holdings, a separate sketch shall be submitted
of the prospective street lot and utility layout for the remainder;
and
V.
Copies of proposed deed restrictions, if any, shall
be submitted with the preliminary plat.
A.
Within six months of the approval of the preliminary
plat, whether with or without modification, the owner must submit
the plat in final form. If such plat is not so submitted, approval
of the preliminary plat is subject to revocation by the Planning Board.
B.
The final plat shall conform in all respects to the
preliminary plat previously approved by the Planning Board, except
that such plat shall incorporate all modifications and revisions specified
by the Planning Board in its preliminary plat approval. A plat not
so conforming shall be considered to be a submission of a new preliminary
plat and the subject of a review for preliminary approval by the Planning
Board.
C.
Within 62 days of submission of the final plat and
other required material as described herein, the Planning Board shall
hold a public hearing as required by Village Law § 7-728.
However, if the Planning Board finds the final plat to be in substantial
agreement with the preliminary plat as previously approved by the
Planning Board and to be modified only in accordance with such approval,
the Board may waive the requirement for such a hearing. The Planning
Board shall, by resolution, conditionally approve, with or without
modification, disapprove, or grant final approval and authorize the
signing of such plat within 62 days of its submission if no such hearing
is held or, in the event that such hearing is held, within the time
frame prescribed by Village Law § 7-728.
[Amended 7-16-2008 by L.L. No.
4-2008]
D.
The final plat shall be clearly identified on the plat as being final and shall comply fully with the requirements of this section and those of § 315-14. An application for final plat approval shall not be deemed to be complete if the requirements of this section and those of § 315-14 have not been satisfied.
E.
A minimum of nine copies of the final plat with supporting
data shall be submitted to the Planning Board by the subdivider as
well as such additional copies as are necessary to notify Village
officials and any involved agencies under SEQR.
F.
Upon the Planning Board's adoption of a resolution
approving a final plat, the Chairman of the Planning Board shall sign
the plat, subject to completion of such requirements as may be stated
in the resolution if the approval is conditional. Within five days
of such resolution, the plat shall be certified by the Planning Board
Secretary as approved or as conditionally approved, a copy of the
resolution filed with the Village Clerk and a copy mailed to the subdivider,
including a statement of such requirements which, when completed,
will authorize signing of a conditionally approved final plat. Upon
completion of such requirements, if any, the plat shall be signed
by the Chairman of the Planning Board. Approval of a final plat by
a resolution of the Board shall expire within 180 days after the date
of the resolution granting approval if it has not been submitted for
signature. The Planning Board may extend the time in which an approved
plat in final form must be submitted for signature if, in its opinion,
such extension is warranted by the particular circumstances thereof
but for no longer than two additional periods of 90 days each.
G.
The signature of the Planning Board Chairman pursuant
to a resolution of the Planning Board approving the final plat or
conditionally approving the final plat shall constitute final approval.
H.
Within 62 days after final approval, the subdivider
must file for recording a copy of the final plat bearing the final
approval of the Board. If the final plat is not recorded within such
period, the Planning Board's approval shall expire and become null
and void.
[Amended 7-16-2008 by L.L. No.
4-2008]
I.
The copy of the final plat filed for recording in
the office of the County Clerk shall be a clear and legible print
in accordance with the requirements of that office.
A.
Plat size and legibility.
(1)
The subdivision plat submitted for final approval
stamp and/or signature of various agencies as listed in the Planning
Board's resolution granting final approval shall be a clear, legible
print on linen or mylar.
(2)
Final plats shall be on sheets no smaller than 8 1/2
inches by 11 inches nor larger than 34 inches by 44 inches overall.
Where necessary, final plats may be drawn in two or more sections
accompanied by a key diagram showing relative location of the sections.
B.
Plat scale and required information.
(1)
The final plat shall be at a scale of not more than
100 feet to the inch and, in addition to information required on the
preliminary plat, shall include the following information:
(a)
Subdivision name or identifying title;
(b)
Name and seal of the registered professional
engineer or surveyor responsible for the plat;
(c)
Sufficient data to readily determine the location,
bearing and length of every street, easement, lot and boundary line
and to reproduce such lines on the ground, including:
(d)
The proposed building setback line for each
street;
(e)
Width and location of all private driveways;
(f)
Location, size and invert elevation of all storm
sewers and location of all manholes, inlets and culverts;
(g)
Location and size of all water main and laterals
and associated appurtenances;
(h)
Lot numbers and area of each lot in square feet;
(i)
Proposed names of streets within the subdivision;
(j)
Permanent reference monuments shall be shown
as required by any proper authority;
(k)
Other improvements or modifications required
by the Planning Board in the resolution granting preliminary approval;
and
(l)
Dimensions shall all be shown in feet and in
hundredths of a foot.
(2)
The final plat shall also show thereon or be accompanied
by:
(a)
An affidavit that the applicant or applicant's
principal is the owner or equitable owner of the land proposed to
be subdivided;
(b)
Complete design specifications when water systems
or individual sewage disposal systems are to be installed. Final approval,
as indicated by the Planning Board Chairman's signature of the final
plat, shall not be given until such time as the State Department of
Health and/or Department of Environmental Conservation has granted
such approvals as are required by law;
(c)
Typical cross sections, street profiles and
drainage details for all streets. Such profiles shall at least show
the following: existing grade along the proposed street center line;
existing grade along each side of the proposed street right-of-way;
proposed finished center-line grade or proposed finished grade at
top of curbs; and storm sewer mains, inlets, manholes and culverts;
(d)
Protective covenants, if any, in a form acceptable
for recording; and
(e)
Location and widths of all proposed driveway
intersections with streets and sight distances therefrom.
(3)
The subdivider shall tender offers of cession, in
a form certified as satisfactory by the Village Attorney, of all land
included in streets, highways or parks not specifically reserved by
him. Although such tender may be irrevocable, approval of the plat
by the Planning Board shall not constitute an acceptance by the Village
of the dedication or gift of any street, highway or park or other
open public areas. A dedication or gift of any such improvements may
only be accepted by resolution of the Village Board of Trustees.
