Naples Town City Zoning Code
ARTICLE V
District Regulations
§ 132-17 Agricultural-Conservation District (Ag).
[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]
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.
Permitted accessory uses.
Customary agricultural structures for storage of products and equipment related to agricultural activities.
Accessory garages, attached or detached.
Home occupations.
Any other accessory structure or use customarily incidental to the principal use or structure.
Home occupation.
[Added 10-12-2015 by L.L. No. 2-2015]
Home occupation, short-term.
[Added 10-12-2015 by L.L. No. 2-2015]
Permitted special uses.
Funeral homes, nursing homes, boardinghouses, day-care centers, churches, bed-and-breakfasts (over two rooms).
Animal hospitals.
Public utilities.
Telecommunications facilities.
Residential wind turbines.
Commercial wind turbines.
Single-family residential cluster development.
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.
Home business.
[Added 10-12-2015 by L.L. No. 2-2015]
Major solar collector systems.
[Added 9-5-2017 by L.L. No. 4-2017]
Prohibited uses.
Junkyards, private or commercial dumps or landfill operations, except that private landfill operations for agricultural refuse shall be permitted if such operations are not located closer than 300 feet of any adjacent property lines, or within 100 feet of any stream.
§ 132-18 Residential District (R-1).
[Amended 7-10-2006 by L.L. No. 7-2006; 7-9-2007 by L.L. No. 2-2007]
Purpose. These districts are primarily intended for low-density residential use with or without utilities.
§ 132-19 Residential District (R-2).
[Amended 7-10-2006 by L.L. No. 7-2006; 7-9-2007 by L.L. No. 2-2007]
Purpose. These districts are primarily intended for medium and high residential uses.
Permitted uses. All permitted uses of the R-1 District, excluding farms.
§ 132-20 Multiple-Dwelling District (M-D).
[Amended 7-10-2006 by L.L. No. 7-2006]
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.
Area required: 10 acres.
Permitted uses: townhouses, apartment houses, quadplex.
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.
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.
Requirement for all buildings.
The ratio of studio to bedroom apartments shall not be greater than one to three.
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.
No part of the basement shall be used for living space.
All construction shall comply with the application provisions of the New York State Building Code.
Area, yards and height requirements.
Building details.
Overall density shall not exceed six dwelling units per gross acre.
Maximum living units per building: six.
Miscellaneous.
No parking shall be located within the front setback nor shall it be located closer than 20 feet to any adjoining property line.
All exterior design and finish materials shall be approved by the Planning Board.
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.
Wind tower turbines. Residential and commercial wind tower turbines are allowed subject to special use and site plan regulations.
§ 132-20.1 Adult use establishments.
[Added 7-10-2006 by L.L. No. 6-2006]
Legislative findings; purpose and intent.
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.
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.
Rezoning required.
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.
Site plan. All development in an Adult Use District (AU) shall be subject to site plan approval pursuant to Article VIII hereof.
Criteria for an adult use.
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.
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.
An adult use shall not be operated in the same building or structure or portion thereof, containing another adult use.
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.
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.
The maximum floor area of the building shall be 4,000 square feet.
Any other requirements which the Planning Board may deem necessary or appropriate for the protection of the public welfare.
Minimum area of district: 30 acres.
§ 132-21 Commercial Districts (C-1).
[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]
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.
Special uses.
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.
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.
Major solar collector systems.
[Added 9-5-2017 by L.L. No. 4-2017]
It is required that any use proposed for these districts have no deleterious effect upon the environs of the subject site.
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.
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.
Design guidelines.
New commercial buildings shall be made to appear compatible with the environs, including orienting the front of the building to the street.
Excessively large commercial buildings shall be discouraged.
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.
Preservation and enhancement of existing vegetation and natural features shall be encouraged.
Storage shall be located in the rear of the building and appropriately screened.
Appropriate lighting, including design, location and intensity, for the protection of aesthetics shall be required.
§ 132-22 Light Industrial (or Light Manufacturing) District (I-1).
[Amended 6-6-2017 by L.L. No. 2-2017]
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.)
The following are permitted as special uses:
Prohibited uses:
Manufacture of: explosives, corrosive chemicals, paints, petroleum products or distillates thereof.
Motor vehicle disassembly facility.
Used motor vehicle parts recovery facility (motor vehicle junkyard).
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.
Requirements for industrial districts.
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).
Any light industrial (light manufacturing) use shall take place within an enclosed structure.
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.
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.
The proposed light industrial (light manufacturing) use shall not generate traffic which will cause undue damage to the road infrastructure accessing the site.
§ 132-23 Floodplain-Land Conservation District (L-C).
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.
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.
§ 132-24 Planned Unit Development District (PUD).
Intent.
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.
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.
Objectives. In order to carry out the intent of this section, a PUD shall achieve the following objectives:
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.
More usable open space and recreation areas.
More convenience in location of accessory commercial and service areas.
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion.
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.
An efficient use of land resulting in small networks of utilities and streets.
A development pattern in harmony with the objectives of the Town of Naples Master Plan.
A more desirable environment than would be possible through the strict application of other sections of this chapter.
General requirements for planned unit development.
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.
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.
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.
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.
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.
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:
Retail business establishments which are clearly of a neighborhood service character, such as, but not limited to, the following:
Personal service establishments which are clearly of a neighborhood service character, such as, but not limited to, the following:
Barbershops and beauty shops.
Shoe repair and fix-it shops.
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.
Commercial wind turbines are allowed subject to the special use and site plan regulations of this chapter.
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.
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.
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:
Application for sketch plan approval of the PUD.
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:
The location of the various uses and their areas in acres.
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
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.
The interior open space system.
The overall drainage system.
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.
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal.
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.
A location map showing uses and ownership of abutting lands within 500 feet.
Documentation to accompany the sketch plan.
Evidence of how the developer's particular mix of land uses meets existing community demands, to include area-wide as well as local considerations.
Evidence of the developer's compliance with the provisions of Subsection B with respect to the provision of an adequate mix of housing.
Evidence that the proposal is compatible with the Master Plan of the Town of Naples.
A general statement as to how the common open space is to be owned, used, and maintained.
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.
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.
A completed Part I: Long Environmental Assessment Form, under the State Environmental Quality Review (SEQR) Act, shall be submitted to the Town Board.
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.
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:
The proposal conforms to the Town of Naples Master Plan.
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.
There are adequate services and utilities available, or to be made available with costs to be incurred by the developer.
An unfavorable report shall clearly state the reason for such a finding.
Application for PUD districting.
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.
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.
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.
The Town Board shall give the County Planning Board at least 30 days to render its report.
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.
Within 62 days after the public hearing, the Town Board shall render its decision on the application.
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.
Site development plan approval process.
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.
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.
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.
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.
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:
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.
The developer shall plat the entire development as a subdivision; however, PUDs being developed in stages may be platted and filed in separate stages.
Other regulations applicable to planned unit development.
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.
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.
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.
§ 132-25 Natural Products District (NP).
Purpose.
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.
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.
Natural Products Districts are created through amendment to the Zoning Map.
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.
Exemptions. The following operations and uses are hereby exempted from the application of this section:
General construction exception.
Nothing contained herein shall prohibit excavation incidental to construction of a driveway, house pad, walk, wall or building or part thereto, or accessory thereto.
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.
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.
Sewage disposal and underground storage tanks exceptions. Nothing contained herein shall prohibit excavation for sewage disposal systems or underground storage tanks.
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.
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.
Permitted uses, requirements and procedures.
Permitted uses. The legislative determination to establish a Natural Products Zoning District shall be based on the following standards:
Location.
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.
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).
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.
Requirements and procedures for rezoning to a Natural Products Zoning District.
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.
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.
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.
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.
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).
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.
An application for rezoning shall be submitted by the applicant to the Town Clerk containing the following information:
A letter of intent, requesting consideration of rezoning to an NP Zoning District, signed by the fee owners of all parcels involved;
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;
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;
A completed environmental assessment form; and
A draft environmental impact statement.
An application for rezoning is complete upon:
Submission of the application material required in the previous subsection; and
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).
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.
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.
The applicant shall also furnish the Planning Board with all information in his possession which might affect its decision.
Review criteria for rezoning.
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.
The town's determination shall consider, but not be limited to, the following:
Impact on local traffic, including increased cost for maintenance of local roads;
Impact on scenic, historic and natural resources of the excavation area and surrounding areas;
Impact upon groundwater; any residential or commercial water supply; drainage; watercourses; wetlands and critical environmental areas;
Impact on contiguous landowners;
The character and compatibility with surrounding land uses before, during and after the proposed mining operations;
The feasibility of a site to be adequately reclaimed;
Proposed buffers, setbacks from adjoining landowners, hours of operation, and operational procedures to lessen dust, noise and visual impact; and
Whether blasting is proposed as part of the mining operations.
The Planning Board and the Town Board shall also consider whether the proposed rezoning would result in a mining operation with:
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.
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.
Special permit requirement.
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.
Expansion of a mining operation within a Natural Products District shall require a special use permit.
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.
Procedure for compliance with Environmental Conservation Law § 23-2711.
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:
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.
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.
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.
§ 132-26 New York State Route 21 (Cohocton Street)/New York State Route 53 Multiple Use District.
[Amended 10-12-2015 by L.L. No. 2-2015; 3-2-2021 by L.L. No. 1-2021
The New York State Route 21 (Cohocton Street)/New York State Route 53 Multiple Use District is to provide for a mixed-use development district which would allow for both residential and appropriate commercial development to occur. The Multiple Use District (MU) will restrict or control site access along New York State Route 21 (Cohocton Street) and NYS Route 53 in order to prevent potentially significant traffic congestion problems and vehicular and pedestrian conflict areas. The Multiple Use District will also require compliance with design guidelines to ensure compatibility of land use and to enhance the character of the corridor. Additionally, the Multiple Use District is intended to provide the Town of Naples Planning Board with an additional level of review along the New York State Route 21 (Cohocton Street) and New York State Route 53 corridors within the Multiple Use District.
The regulations contained within this Multiple Use District are not intended to be substituted for other general zoning district provisions but 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 Multiple Use District conflict with other regulations contained within this chapter, the Multiple Use District regulations shall prevail.
Multiple Use District boundaries. The legal description of the "New York State Route 21 (Cohocton Street)/New York State Route 53 Multiple Use District" is set out in § 132-10.4.
District regulations.
Permitted special uses.
Public and semipublic buildings, facilities, infrastructure and lands;
Manufactured home parks;
Funeral homes;
Boarding houses;
Multiple dwellings;
Small retail sales businesses;
Arcades and game rooms;
Alcoholic beverage producers;
Production and sale of maple syrup, fruit juices and/or vegetable juices, either for wholesale or retail sale;
Personal service businesses;
Telecommunication towers (antennas) 40 feet or less in height;
Public and semipublic buildings, facilities and grounds;
Residential and commercial wind turbine towers 40 feet or less in height;
Equestrian operations;
Essential services facilities and infrastructure;
Detached storage facilities for any permitted use, special use or accessory use;
Conversion of any dwelling or portion thereof to a commercial use other than a home occupation;
Parking for any special use;
Light industrial (light manufacturing) uses.
Permitted accessory uses.
One or two vehicle private garages;
Home occupations;
Fencing not exceeding six feet in height;
Ponds;
Signs;
Swimming pools;
Indoor storage;
Awnings;
Yard sheds less than 100 square feet in exterior area, excluding roof overhangs;
Off-street parking for home occupations.
The dimensional regulations for the MU District are those specified in Attachment 1 to the Zoning Chapter, Schedule of Regulations.
Design guidelines.
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.
If there is an existing building on a lot it should be preserved.
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.
Excessively large commercial buildings should be discouraged.
Sidewalks should be extended from the development to the existing public sidewalk.
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.
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.
Preservation and enhancement of existing vegetation and natural features should be encouraged.
Storage of outdoor displays and equipment should be located in the rear yard and appropriately screened.
Appropriate lighting, including design, location and intensity, for the protection of adjacent residential properties should be encouraged.
Shared driveway entrances and rear-yard driveways between commercial developments should be encouraged where possible.
Commercial development fronting directly onto Cohocton Street should be accessed with a minimum number of controlled curb cuts.