Naples Town City Zoning Code
ARTICLE VIII
Site Plan Regulations
§ 132-43 Authority.
The Naples Town Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 274-a of the New York State Town Law and pursuant to the powers vested in the town under the Municipal Home Rule Law. The Planning Board may review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in this chapter.
Where it is deemed appropriate, the Town Planning Board may waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval. Such waiver may be exercised by the Planning Board in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met prior to the issuance of zoning permits or building permits by the Zoning Enforcement Officer.
To determine whether site plan approval is to be required by the Town Planning Board, refer to the specific zoning district, supplementary regulations, and/or overlay zoning sections of this chapter. Generally speaking, site plan approval is required for site development activities within the following zoning districts, or for special use permits and within the areas of steep slope developments or activities:
Industrial Districts (I-1), see § 132-22F.
Any permitted special use in the Multiple Use District.
[Amended 3-2-2021 by L.L. No. 1-2021]
§ 132-44 Site plan applications.
Applications for site plan approval shall be made in writing to and on forms provided by the Zoning Enforcement Officer. All site plans shall be prepared by a New York State licensed engineer, architect, landscape architect or surveyor and shall contain the following information:
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
Map at a scale of one inch equals 50 feet, with North arrow and scale.
Boundaries of the property plotted to scale.
Map of site topography at no more than five-foot contour intervals. If the general grades have susceptibility to erosion, flooding or ponding, contour intervals of not more than two feet of elevation shall also be provided.
Existing watercourses.
Grading, drainage and stormwater management plan, showing existing and proposed contours.
Location, proposed use and height of all buildings.
Location, design and construction materials of all parking and truck loading areas, showing access and egress.
Provision for pedestrian access.
Location for outdoor storage, if any.
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
Description of the method of sewage disposal and location, design and construction materials of such facilities.
Description of the method of securing water and location, design and construction materials of such facilities.
Location of fire and other emergency zones, including the location of fire hydrants.
Location, design and construction materials of all energy distribution facilities, including electric, oil, gas and solar energy.
Location, size and design and construction materials of all proposed signs.
Location and proposed development of all buffer areas including existing vegetative cover.
Location and design of outdoor lighting facilities.
Designation of the amount of building area proposed for retail sales or similar commercial activity.
General landscaping plan and planting schedule.
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution, and SEQR documents.
§ 132-45 Site plan review.
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to the following general considerations:
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road width, pavement surfaces, dividers and traffic control.
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, structures, control of intersections with vehicular traffic and overall pedestrian convenience.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Adequacy of water supply and sewage disposal facilities.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between applicant's and adjoining lands, including the maximum retention of existing vegetation.
In the case of an apartment complex or other multiple dwellings, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
§ 132-46 Supplemental regulations pertaining to site plan approval.
In its review, the Planning Board may consult with the Zoning Enforcement Officer, Fire Commissioners, County Planning Board, other local and county officials, and its designated Town Engineer, as well as with representatives of federal and state agencies.
The Planning Board may require that the exterior design of all structures be made under the direction of a registered architect, whose seal shall be affixed to the plans, and to submit landscaping plans made by or under the direction of a registered landscape architect together with an estimate of the cost of installing same.
The Planning Board may conduct a public hearing when the Board finds it necessary to base its determination in part upon information and belief of interested members of the public. If the Planning Board decides to hold a public hearing, the Board shall give notice to the applicant and County Planning Board, in accord with the requirements of § 274-a of the New York State Town Law.
The Planning Board's decision on the site plan shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
Upon approval of the site plan, the Planning Board shall direct the Planning Board Chairman to endorse an official copy of the site plan, provided that all required modifications have been made to the site plan, as well as evidence of necessary permits from all other agencies have been obtained. The Zoning Enforcement Officer shall then be directed to issue the necessary zoning permits.
No occupancy permits or certificates of completion shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty, approved by the Town Board, has been posted for improvements. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Zoning Enforcement Officer, designated Town Engineer, or other local officials prior to recommendation to the Town Board.
No filling of lands, grading, removal of vegetation, or excavation for construction of site improvements shall begin until the applicant has received final site plan and has complied with the endorsement requirements of Subsection E above.
Site plan review expenses.
[Amended 12-5-2023 by L.L. No. 4-2023]
In addition to the site plan application fee established by the Town Board, costs projected to be incurred by the Planning Board for consultation fees with respect to engineering, legal, architectural, surveying or other like expenses related to the site plan application review shall be the sole responsibility of the applicant.
Upon receipt of a site plan and special use permit application, the applicant and the applicant's representative, if any, shall receive a written notice of this responsibility. The determination of the need for retaining such consultants shall be in the sole discretion of the Planning Board and consultants shall be chosen solely by the Planning Board.
The Planning Board shall notify the applicant as soon as is reasonably possible ofthe need for such consultants. Such notification shall be in writing directed to the applicant and the applicant's representative, if any. In the event that such a determination is made during a meeting at which the applicant and/or the applicant's representative is present, such determination shall be made known verbally and placed in the record of the meeting, followed up with the written notification specified above.
The applicant shall be advised of an estimate of die costs of such consultant(s). Reasonable efforts shall be made to advise applicant of the estimated costs for such consultant(s). Any changes in the costs for consultants shall be made known to applicant and/or applicant's representative as soon as is reasonably possible.
In any event, payment of any such costs incurred by the Town for consultants for the site plan review shall be paid to the Town by or on behalf of the applicant prior to issuance of any permits, certificates or other documents required for the implementation of the site plan approval or condifions imposed upon the site plan approval and issuance of a special use permit.
In the altemative, the Planning Board may determine in its sole reasonable discretion that the applicant be required to establish an escrow fund with the Town of Naples. That determination and the amount of the escrow fund shall be based upon the perceived complexity of the site plan review and special use permit application, the type and number of consultants that may be required and the estimated cost for such consultafion(s). The refiasal of an applicant to establish an escrow fund as directed by the Planning Board shall result in disapproval ofthe site plan application and/or special use permit appUcation. Consultant costs shall be paid from the applicant's escrow fund. Upon completion ofthe site plan review and special use permit application process, the rendering of a decision thereon and payment of all consultant costs, any balance remaining in the applicant's escrow fund shall be refunded to the applicant. Escrow funds shall be deposited with a banking institution under the name of the Town of Naples. Such escrow fimds shall be managed pursuant to standard municipal finance guidelines.
The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.
Site plan approval will automatically terminate one year after the same is granted unless significant work has been done on the project.
Whenever the particular circumstances of a proposed development require compliance with either special use procedures in this chapter or the requirements of Chapter 116, Subdivision of Land, SEQR, or other requirements, the Planning Board shall attempt to integrate site plan review as required by this section with the procedural and submission requirements for such other regulations.