Naples Village City Zoning Code
ARTICLE XVII
Planning Board
§ 385-61 Organization and duties.
[Amended 5-23-2001 by L.L. No. 1-2001; 5-19-2004 by L.L. No. 2-2004; 6-15-2005 by L.L. No. 3-2005; 7-16-2008 by L.L. No. 4-2008; 1-15-2014 by L.L. No. 1-2014; 3-19-2014 by L.L. No. 4-2014; 9-20-2017 by L.L. No. 1-2017]
There shall be a Consolidated Planning Board between the Town of Naples and the Village of Naples, hereinafter referred to as the CPB.
Creation and membership of the Consolidated Planning Board.
The CPB shall consist of seven members and two alternate members.
Four members of the CPB shall be appointed by the Town Board and three members shall be appointed by the Village Board.
The Town Board shall appoint one alternate member of the CPB and the Village Board shall appoint one alternate member of the CPB.
The initial terms of the Town Board appointments shall be for terms of one, three, five, and seven years.
The initial terms of the Village Board appointments shall be for two, four, and six years.
Upon the expiration of the terms of the initial appointees to the CPB, successors shall be appointed by the respective Boards for terms of seven years.
The terms of the members of the CPB shall begin on January 1 and shall end on December 31 of each year.
In the event of a vacancy occurring during a term, the appointment of a replacement for that vacancy shall be for the remainder of the term of the vacancy being filled.
Members appointed by the Town Board shall be replaced by the Town Board. Members appointed by the Village Board shall be replaced by the Village Board.
Any removal of a member of the CPB shall be done by the Board appointing that member. Removal shall be done in accordance with the provisions of Town Law § 271(9) or Village Law § 7-718(9) as the case may be.
Powers and duties.
The CPB shall have all the powers, duties, and responsibilities as are prescribed by the Code of the Town of Naples, the Code of the Village of Naples, Article 16 of the Town Law, Article 7 of the Village Law, and any other applicable laws or regulations, all as may be amended or superceded from time to time.
Any reference to the term "Planning Board" in the Code of the Village of Naples shall hereafter be interpreted to mean the CPB.
Alternate members.
An alternate member may be substituted for one or two members of the CPB in the event of a conflict of interest on the part of such member(s) or in the event of the lack of a quorum of members of the CPB. The substitution of an alternate member to the CPB shall be made by the Chairperson of the CPB. The provisions of Town Law § 271(15) or § 7-718 of the Village Law shall apply to such alternate members, depending upon the authority which appointed the alternate member.
In the event of the substitution of an alternate member for the CPB, such alternate member shall not participate in any vote taken by the CPB unless that alternate member has first duly reviewed all of the records, documentation and minutes of previous proceedings pertaining to the matter being voted upon.
In providing for alternate members to sit in substitution of members when a quorum is lacking, it is the intent of this section to supersede the provisions of § 271 of the Town Law.
The Town Board of the Town of Naples shall appoint the Chairperson of the CPB.
Annual meeting, regular meetings and special meetings.
The annual or July meeting of the Planning Board shall be devoted to the election of officers and other such business as scheduled by the VPB.
The Planning Board shall meet on at least a monthly basis at a date and time to be established by the Chairperson of the Board.
Special meetings shall be held at a time and place designated by the Chairman or the Vice Chairman in the absence of the Chairman. Verbal or written notice shall be given to all members not less than seven days in advance thereof.
Quorum; voting.
A quorum shall consist of three out of five members for the purpose of voting on matters within the jurisdiction of the Planning Board. No action shall be taken in the absence of a quorum.
Voting shall be done by voice, with each member attending entitled to cast one vote. In the event that any member present has a personal interest of any kind in the matter being voted on, he shall recuse himself from voting on that matter and the Secretary shall so record said action in the minutes. A majority vote of the Board shall be necessary for the adoption of any proposed action, recommendation, or other voting matter.
Chairman and Vice Chairman and their duties. The officers of the Planning Board shall consist of the Chairman and the Vice Chairman, both elected at the annual meeting, approved by the Village Board of Trustees, each of whom shall serve a one-year term.
Vice Chairman. During the absence of the Chairman, the Vice Chairman shall exercise and perform all the duties and responsibilities of the Chairman.
Recommendations to the Village Board of Trustees. Prior to making recommendations to the Village Board of Trustees regarding amendments to this chapter, the Planning Board shall send these recommendations to the Ontario County Planning Board (OCPB) for review. The OCPB shall return its input to the VPB with acceptance with modifications or denial. The OCPB's input will be taken into consideration for the review process.
VBT referrals to the Village Planning Board. Should the VBT receive a request for any chapter or district change which it wishes to consider, it shall refer the request to the VPB for review.
Official signature. The signature of the Planning Board Chairman or Acting Chairman shall be required upon all official documents.
§ 385-62 Application for site plan review.
[Amended 5-17-2000 by L.L. No. 1-2000; 9-15-2004 by L.L. No. 3-2004]
Site plan approval shall be required prior to the issuance of building permits for new construction on vacant land or prior to the construction of additions to all existing buildings (but not to include single-family dwellings in R-1 and R-2 Districts).
The Code Enforcement Officer shall refer such site plan applications to the Planning Board for review. No building permits, as stated above, will be issued until the Planning Board has given site plan approval.
[Amended 7-16-2008 by L.L. No. 4-2008]
Public hearing; posting of sign.
[Amended 6-21-2006 by L.L. No. 2-2006; 11-18-2009 by L.L. No. 3-2009]
A public hearing on the request for site plan approval shall be held by the Planning Board. Prior to the hearing, the owner/applicant shall be required to obtain from the Code Enforcement Officer a sign which states in substance that the subject property is under review by either the Planning Board or the Zoning Board of Appeals, as the case may be. The sign must be posted upon the subject premises within five days of the date upon which the applicant's application is deemed to be complete. The sign must be posted in the front yard of the subject premises in plain view, and must be maintained in an upright position at all times so that it is readable by the public throughout the duration of the application process. Placement of the sign shall be done in accordance with the requirements of this Code. The failure of the owner/applicant to observe these posting requirements shall result in the denial of the application. The sign shall be removed by the owner/applicant within five days of the filing of the final decision with the Village Clerk.
In addition, a legal notice of the public hearing shall be published in a newspaper of local circulation at least five days prior to the date of the hearing.
Notice of the hearing shall be given to all owners of properties contiguous to the subject parcel by first-class mail, which shall be mailed at least 15 days prior to the date of the hearing, to the address of the property owner(s) as appears from the most recent Village property tax rolls. For the purpose of this section, "contiguous" shall include those properties which adjoin the subject parcel in the center line of a Village street.
[Added 1-15-2014 by L.L. No. 1-2014]
When site plan review involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Planning Board shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Added 7-16-2008 by L.L. No. 4-2008]
§ 385-63 Procedures and standards for site plan review.
Applications for site plan approval shall be made in writing to and on forms provided by the Code 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:
Map of the applicant's entire holding drawn to scale, with North arrow.
Title of drawing, including name and address of applicant and person responsible for preparing such drawing.
Where grades exceed 3%, a topographical map.
Grading, drainage and stormwater management plans, showing watercourses and 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.
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.
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.
In its review, the Planning Board may consult with the Code Enforcement Officer, Fire Chief, Village Attorney or Engineer, County Planning Board, and other local and county officials, as well as with representatives of federal and state agencies.
The Planning Board's decision on the site plan shall be filed in the office of the Village 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 that necessary permits from all other agencies have been obtained. The Code Enforcement Officer shall then be directed to issue the necessary building permits.
[Amended 7-16-2008 by L.L. No. 4-2008]
No certificates of occupancy or certificates of completion shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee, approved by the Village Board pursuant to § 7-730, Subdivision 9, of the Village Law, has been posted for improvements. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Code Enforcement Officer, Village Attorney or Engineer, or other local officials prior to recommendation to the Village Board.
[Amended 7-16-2008 by L.L. No. 4-2008]
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 approval and the site plan has been signed.
In addition to the site plan application fee established by the Village Board, costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a site plan shall be charged and agreed to by the applicant prior to granting of site plan approval.
Site plan approval will automatically terminate one year after the same is granted unless significant work has been done on the project.
Where it is deemed appropriate, the Village 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 that 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 building permits by the Code Enforcement Officer.[1]
§ 385-64 Special use permits.
Authority for review. The Planning Board of the Village of Naples is authorized and empowered to review and approve, approve with conditions, or deny applications for special use permits pursuant to this chapter.
Application. Application for a special use permit pursuant to this chapter shall be made in writing to the Village of Naples Code Enforcement Officer on forms provided by said Code Enforcement Officer. Said application shall be accompanied by eight copies (or nine if referral to the Ontario County Planning Board is required pursuant to the General Municipal Law § 239-m of the State of New York) of all materials required herein and specified as follows:
A plan prepared and stamped by an engineer, surveyor, or landscape architect licensed to practice in and by the State of New York showing property boundaries, including bearings and distances, and the location of all existing buildings, structures, woods, watercourses, easements, roads, driveways, parking areas, and utilities.
A sketch plan, conforming to the requirements of this chapter, showing all changes proposed to the property to accommodate the special use. Said plan shall outline the extent of grading proposed and any wooded areas or trees which shall be required to be destroyed during construction.
An environmental assessment form (EAF) pursuant to the State Environmental Quality Review Act as codified in the Environmental Conservation Law of the State of New York.[1] The applicant shall submit said EAF with Section 1 filled out, signed and dated, accompanied by any supporting documentation or materials as may be required.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
An analysis of the traffic-generating capacity of the proposed use.
An analysis of the impact of the special use on adjacent properties, including but not limited to noise, traffic, aesthetics, property values, scenic views, and historic properties or resources.
Referral to Planning Board and notification of property owners.
Each application for a special use permit, including all supporting materials as required herein, shall be referred to the Planning Board by the Code Enforcement Officer at least 10 days prior to the regular monthly meeting of the Planning Board.
Public hearing; posting of sign.
[Amended 9-15-2004 by L.L. No. 3-2004; 6-21-2006 by L.L. No. 2-2006; 11-18-2009 by L.L. No. 3-2009]
A public hearing shall be held by the Planning Board. Prior to the hearing, the owner/applicant shall be required to obtain from the Code Enforcement Officer a sign which states in substance that the subject property is under review by either the Planning Board or the Zoning Board of Appeals, as the case may be. The sign must be posted upon the subject premises within five days of the date upon which the applicant's application is deemed to be complete. The sign must be posted in the front yard of the subject premises in plain view, and must be maintained in an upright position at all times so that it is readable by the public throughout the duration of the application process. Placement of the sign shall be done in accordance with the requirements of this Code. The failure of the owner/applicant to observe these posting requirements shall result in the denial of the application. The sign shall be removed by the owner/applicant within five days of the filing of the final decision with the Village Clerk.
In addition, a legal notice of the public hearing shall be published in a newspaper of local circulation at least five days prior to the date of the hearing.
When an application for a special permit involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Planning Board shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Added 7-16-2008 by L.L. No. 4-2008]
The Code Enforcement Officer shall issue no permits concerning the property being the subject of the special use permit application until final action on the special use permit has been taken by the Planning Board.
Public hearing and final report.
The Planning Board shall hold a public hearing on the requested special use permit within 62 days after the receipt or referral of the application by the Planning Board. Date of receipt shall be considered the first monthly meeting of the Planning Board following submission of the application. The notice of public hearing shall be made in accordance with the Village Law of the State of New York.
Within 62 days after the date of the hearing, the Planning Board shall approve with or without modifications or deny the special use permit. This time may be extended upon mutual consent of the Planning Board and the applicant.
The Planning Board shall by resolution and in writing state any changes or modifications in the submitted plans necessary for approval of a special use permit.
A site plan review shall be required of all special uses. The applicant may choose to submit materials required for a site plan review either simultaneous with the application for a special use permit or after approval, with or without conditions, has been received from the Planning Board.
Existing violations. The Planning Board may require the termination of an existing violation of this chapter before approving a special use permit application.
Expiration. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than one year for any reason.
General conditions and standards for all special uses.
The use will not be detrimental in any way to the health, safety, and welfare of the residents of the Village of Naples.
The proposed use will be in harmony with the existing development of the neighborhood in which premises is situated.
The proposed use will not be detrimental to residents of the neighborhood in which the use is situated or cause a substantial decrease in the value of surrounding properties.
The proposed use will not cause an undue increase in the Village population or result in an undue concentration of residents in any one area.
The proposed use will not create any substantial increase in traffic volume and shall be located on or have direct access to public highways of sufficient size, volume and construction to accommodate safely and adequately, without congestion, any projected traffic the use may generate, along with the actual and projected traffic for the area.
The orderly development of the Village will be ensured and any proposed use shall not cause an increase in Village residents or an influx of persons beyond that which can be adequately accommodated by schools, highways and other governmental facilities and services, giving due consideration to the general projected increase of Village residents.
The proposed use and its facilities and appurtenances will in no way, directly or indirectly, materially alter the ecology or increase the euthrophication or in any other manner contribute to the degrading and deterioration of the quality of water of Canandaigua Lake and surrounding streams.
Specific conditions for all special uses.
Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, and facilities for waste disposal shall be provided.
Arrangement of buildings and vehicular circulation open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic shall be provided.
Adequate illumination for all these areas shall be provided.
Adequate design of grades, paving, drainage and treatment of turf to handle stormwater, prevent erosion and formation of dust shall be provided.
Signs and lighting devices must be arranged with respect to traffic control devices and residential districts.
Outdoor lighting shall not be erected on structures in excess of 35 feet above the ground level, shall only be focused upon the premises which it is intended to serve, and shall be so shaded that the direct light beams from the light source shall not glare on neighboring properties.
For any industrial, commercial, or recreational use which by its nature may be deemed to generate substantial noise, whether by mechanical or musical devises or by public participation or any other cause, the Planning Board may require such additional setbacks from property lines and other arrangements as it may deem necessary to ensure that said noise will not be detrimental or annoying to neighboring properties.
In business or industrial development groups within 100 feet of residential districts, fences, walls, or year-round screening planting when necessary to shield adjacent residential districts shall be provided.
An official septic system inspection by the Village Code Enforcement Officer for the proper size and working order shall be required for any residential conversion from a single-family dwelling to a two-family dwelling.
[Added 5-23-2001 by L.L. No. 1-2001]
Waiver for the special use permit. Where it is deemed appropriate, the Village Planning Board may waive any specific requirements of a particular special use permit condition, for the approval, approval with conditions and/or modifications or disapproval of a special use permit application submitted for review. Said waiver may be exercised by the Planning Board in the event that any requirements are found not to be requisite in the interest of the health, safety and welfare of the general public or inappropriate to a particular special use permit.
[Added 5-23-2001 by L.L. No. 1-2001]
§ 385-65 Site plan review for projects in Village Gateway and Central Business Overlay Districts.
[Added 12-19-2007 by L.L. No. 1-2008]
Applications for site plan approval shall be made in writing on forms provided by the Code Enforcement Officer.
Preapplication meeting. Before applying for site plan review, the applicant shall meet with the Code Enforcement Officer and at least one member of the Planning Board and/or its designated design consultant. This meeting will be scheduled after the applicant has provided the Code Enforcement Officer with sufficient drawings, photographs, written descriptions, catalog sheets, material samples, etc., to clearly and fully communicate the design intent of the project. Drawings may be in sketch form but should be detailed enough to accurately present the concept. Information should include any proposed changes to the site, including buildings, structures, objects, signs, pavement, grading and plantings. All submitted documents should contain the applicant’s name and contact information, project address and submission date. All will be kept by the Code Enforcement Officer.
Preliminary site plan review. Following the pre-application meeting, the applicant shall submit whichever of the following documents are needed to fully describe the project. Drawings should be at a specific scale, either engineering (for example one inch equals 20 feet) or architectural (for example 1/4 inch equals one foot zero inches). Each submitted page should be numbered and dated and should include the applicant's name and contact information. The Code Enforcement Officer will keep these documents.
Site plan showing any proposed buildings, structures, outdoor storage areas, fences, retaining walls, freestanding walls, signs, light poles, site furniture (such as benches and tables) and other site accessories (such as bicycle racks and trash containers). Show also any paved surfaces such as walkways, driveways, parking lots and loading areas, with any decorative patterns, edge treatment, pavers, control joints, expansion joints, etc. Show also any drains or culverts.
Building first floor and roof plans.
Building elevations with materials noted. Show any building-mounted signs, light fixtures, HVAC grilles, awnings, canopies, roof penetrations (such as pipe vents), and screening of any mechanical equipment, including rooftop units.
Fence and wall elevations, including any that screen equipment, trash areas or loading areas.
Signage size, location, design and materials. Include scaled drawings showing graphic layout, colors, type of illumination, lumen levels, and supporting structures.
Samples and/or catalog sheets of building and site materials and equipment. A sample of glass will be required if anything other than clear is proposed. Information on exterior lighting should include type of lamp, lumens and light spread.
Grading, drainage and stormwater management plans, showing watercourses and existing and proposed contours. This information may be incorporated into the site plan noted above.
Where grades exceed 3%, a cross-sectional drawing of the site showing any substantial grade changes and the location of any buildings, structures and/or objects.
Sewage disposal method and the location, design and materials of the system.
Landscape plan with plants identified by quantity, common name, Latin name, root ball size, initial caliper and mature height. Show any proposed buffer areas, including any existing vegetation. Also show any landscape lighting. This information may be incorporated into the site plan noted above.
Final site plan review. For this review, the applicant shall submit any drawings and documents that supplement or modify those from the prior submission. Any materials already submitted that have not changed do not need to be resubmitted. For this final submission, drawings shall be accurately drawn, dimensioned and annotated.
Changes subsequent to Planning Board approval. Any significant design change made to a project following final site plan approval is subject to Planning Board review and approval prior to the start of construction. Significant changes include, but are not limited to, those that affect building style, windows and doors, materials, pavement, signage, and mechanical or electrical equipment visible from the public right-of-way and unscreened.