The intent of site plan review is to provide standards and authority
for Planning Board review of proposed new uses and development in
order to:
A.
Ensure the proper arrangement and development of uses and site improvements
to minimize negative impacts to the natural environment, neighboring
properties and the community.
B.
Ensure new uses and developments are established in accordance with
the objectives of Town's adopted plans and the stated intent of the
respective zoning district.
C.
Require mitigation of impacts not already addressed through enforcement
of:
D.
Ensure compliance with the Town of Canandaigua Site Design and Development
Criteria[2] and Town Code § 174, Articles III and IV, which are incorporated herein by reference.
[2]
Editor's Note: The Site Design and Development Criteria are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
[Amended 6-20-2016 by L.L. No. 4-2016]
A.
The Planning Board of the Town of Canandaigua is hereby authorized
to grant site plan approval pursuant to Town Law §§ 274-a
and 278, as amended from time to time.
B.
The following actions are exempt from the requirement for site plan
review pursuant to this article, unless site plan is otherwise required
as a condition of a separate Town approval:
(1)
Except in the Residential Lake District, expansion of a single-family
dwelling, with or without an accessory apartment and/or accessory
building/structure(s) for same. This includes placement of manufactured
dwelling units in an approved manufactured home park.
(2)
Single-family dwelling units that have received final approval as part of a final subdivision plat approval by the Planning Board in accordance with the provisions of Chapter 174 of the Town Code, unless such individual site plan approval was required by the Planning Board at the time of final subdivision plat approval.
(3)
Agricultural uses and agricultural structures.
C.
Except as exempted in § 220-64B, site plan review is required for:
(1)
Uses allowed by a use variance.
(2)
Development which exceeds 1,000 square feet in each of the following
districts: MR, NC, CC, RB-1, LI, I, MH, PUD, CDO, and AUO.
(3)
New development for all specially permitted uses in all districts.
(4)
Development in the Residential Lake District which exceeds 1,000 square feet or such thresholds as would require a permit to be issued pursuant to Chapter 165, Soil Erosion and Sedimentation Control.
(5)
Development of a new single-family dwelling, with or without an accessory
apartment, on an undeveloped or vacant parcel.
A.
Site plans shall be prepared by a New York State licensed professional
engineer and/or surveyor.
B.
All applications for site plan approval shall be signed by the owner
or owners of the property verifying that the application is made with
their consent.
C.
Preapplication conferences. Preapplication conferences with the Development
Office are encouraged in order to:
D.
Sketch plans. The applicant may request or the Planning Board may require submission of a sketch plan in compliance with Town Code § 220-66, Sketch plan requirements. The Planning Board's purpose in reviewing sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed development with Planning Board members at a regular meeting.
E.
Site plans to be developed in distinct phases or sections shall be
subject to two stages of review. Preliminary review will consider
potential impacts from the entire development. Final site plan review
will address one or more individual phases or sections identified
as part of the approved preliminary site plan.
F.
All other site plans shall be subject to a one stage review.
G.
Where a site plan covers only a part of the applicant's entire holdings, the Planning Board may require a separate sketch plan in compliance with Town Code § 220-66, Sketch plan requirements, for the remainder of the land, including an estimated time schedule for development.
H.
The Planning Board shall refer applications for site plan approval
to the Ontario County Planning Board as required by § 239-m
of the General Municipal Law.
J.
Complete applications. Site plan applications shall not be considered
complete until a negative declaration has been filed or until a notice
of completion of the draft environmental impact statement has been
filed in accordance with the provisions of the State Environmental
Quality Review Act. The time periods for review of a site plan shall
begin upon filing of such negative declaration or such notice of completion.
K.
Surety. The Planning Board may require that appropriate surety be posted to assure that specified elements of a development are constructed as designed and/or to assure that the conditions of approval are satisfied in conformance with the requirements in Town Code § 174-32, Sureties, and New York State Town Law.
L.
Waivers. The Planning Board is hereby empowered to waive, when reasonable,
any requirements or improvements for the approval, approval with modifications
or disapproval of site plans submitted for its approval identified
in the Site Design and Development Criteria. Any such waiver, which
shall be subject to appropriate conditions, may be exercised in the
event any such requirements or improvements are found not to be requisite
in the interest of the public health, safety, and general welfare
or inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the site plan.
[Amended 9-12-2022 by L.L. No. 8-2022]
(1)
If an applicant wishes to request a waiver, said request shall be
submitted in writing as part of the application. The application shall
state fully the grounds of said request.
(2)
The Planning Board shall make findings supporting their decision
regarding a waiver.
(3)
Waivers shall be made by resolution of the Planning Board. A statement
showing the date that such waiver was granted shall be affixed to
the final plat.
(4)
When granting waivers, the Planning Board may also impose additional
conditions as needed to achieve the objectives of the waived requirement(s).
M.
Advanced site preparation. After a Planning Board vote to approve
a final site plan and before receipt of the Planning Board Chair signature
on the approved plan, the Planning Board may grant approval for site
preparation upon formal request by the applicant. Said application
shall describe the site preparation to be completed and be supported
by good and sufficient reasons for starting in advance of final approval.
Surety required by the Planning Board for the performance of the described
site preparation shall be accepted by the Town Board and filed with
the Town before issuance of permits.
N.
Reservation of parkland. In conjunction with its review of a site plan containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring set-aside of parkland or payment of a fee in lieu thereof, in compliance with New York State Town Law. See also Article II of Town Code Chapter 111, Fees, Administrative.
A.
The sketch plan shall be clearly designated as such and shall identify
all existing and proposed:
(1)
Zoning classification and required setbacks.
(2)
Lot lines.
(3)
Land features, including environmentally sensitive features identified
on the Natural Resources Inventory.
(4)
Land use(s).
(5)
Utilities.
(6)
Development, including buildings, pavement and other improvements,
including setbacks.
(7)
Location and nature of all existing easements, deed restrictions
and other encumbrances.
B.
Sketch plans shall be drawn to scale.
C.
It is the responsibility of the applicant to provide a sketch plan
that depicts a reasoned and viable proposal for development of the
lot.
D.
Planning Board members may suggest modifications to, but shall not
approve or disapprove, the sketch plan. 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.
A.
Applications for site plans to be reviewed in one stage where no
preliminary site plan review is required:
B.
Site plans to be developed in distinct phases or sections shall be
subject to two stages of review.
(1)
The applicant shall first receive preliminary site plan for the overall development as described in Town Code § 220-69.
(2)
Preliminary site plans must delineate proposed phases or sections.
(3)
Final site plan approval from the Planning Board shall be obtained
for the phases or sections delineated as part of the approved preliminary
site plan before issuance of any permits for development.
(4)
The Planning Board decision regarding proposed preliminary and final
site plans shall be made within 62 days of receipt of a complete application.
This time period may be extended by mutual consent of the applicant
and the Planning Board.
A.
Preliminary site plan.
(1)
Preliminary site plans shall be clearly identified as being preliminary.
(2)
Approvals of preliminary site plans shall include a description of
what is being approved.
(3)
Within five business days of the adoption of the resolution granting
approval or disapproval of a preliminary site plan, it shall be certified
by the Secretary of the Planning Board as having been granted or denied
preliminary approval, and a copy of such resolution shall be filed
in the office of the Town Clerk. A copy of the resolution approving
or disapproving the site plan shall be included in the Planning Board's
minutes and a copy mailed to the applicant.
(4)
Conditional preliminary approval. After receiving conditional approval
from the Planning Board on a preliminary site plan, the applicant
may prepare his final detailed site plan and submit it to the Planning
Board for approval.
(5)
If more than six months has elapsed between the time of the Planning
Board's decision on the preliminary site plan and submission of the
final site plan, and if the Planning Board finds that field conditions
and/or applicable regulations have changed significantly in the interim,
the Planning Board may require a resubmission of the preliminary site
plan for further review and possible revision prior to accepting the
proposed final site plan for review.
B.
Final site plan.
(1)
The Planning Board shall, by resolution, approve, approve with conditions,
or disapprove a final site plan. Resolutions for conditional final
site plan approval shall include such requirements which, when completed,
will authorize signing of said site plan by such persons as specified
therein.
(2)
Within five business days of the Planning Board resolution approving,
conditionally approving or disapproving a final site plan; said resolution
shall be certified by the Secretary of the Planning Board, a copy
of the certified resolution shall be filed with the Town Clerk, and
another copy mailed to the applicant.
(3)
Approval of a final site plan by a resolution of the Planning Board
shall expire within 180 days after the date of the resolution granting
approval if said final site plan has not been submitted in final form
for signature. The Planning Board may extend the time in which an
approved plan 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.
(4)
Upon completion of such conditions as may be stated in the resolution
granting approval, and after signatures of all other persons specified
in said resolution, the Chairperson of the Planning Board shall sign
the site plan. Signature of the Planning Board Chairperson shall constitute
final approval.
(5)
A site plan submitted for signature shall be a clear, legible print
on linen or other suitable material that will not deteriorate.
A.
A preliminary application shall include an affidavit that the applicant
is the owner or equitable owner of the land proposed to be developed
or their legal representative.
B.
Information shown on the preliminary site plan shall be organized
to clearly depict existing and proposed conditions and assist the
Planning Board's understanding of potential impacts as well as proposed
mitigation.
[Amended 2-13-2012 by L.L. No. 1-2012]
(1)
Preliminary site plans shall be on sheets no smaller than 8 1/2
inches by 11 inches and not larger than 24 inches by 36 inches. Where
necessary, preliminary site plans may be drawn in two or more sections
accompanied by a key diagram showing relative location of the sections.
C.
The preliminary site plan shall be clearly marked as preliminary
and show all of the following information:
(1)
General content.
(a)
All dimensions shall be shown in feet and in hundredths of a
foot.
(b)
Proposed development name or identifying title (Preliminary
Site Plan of Property Owner).
(c)
Name of the owner of the property.
(d)
Names of owners of all abutting land.
(e)
Name and seal of the New York State licensed professional engineer
or surveyor responsible for the plan.
(f)
Date, North point and scale. The site plan shall be at a scale
of no more than 100 feet to the inch.
(g)
A legible location map.
(h)
A map revision box.
(i)
A map legend/key.
(j)
A signature block for the Planning Board Chairperson and others
as may be required.
(k)
An area for general map notes.
(l)
A completed agricultural data statement form identifying whether
the site lies within an area which is further regulated under § 283-a
of Town Law, as amended.
(n)
Current zoning of the land, including district boundaries and
all setback dimensions for said zoning district(s).
(2)
Existing conditions.
(a)
All existing property lines, with bearings and distances, including
the subject (parent) parcel Tax Map numbers.
(b)
Area of the subject lot(s).
(c)
Required building setback lines on each lot.
(d)
Sufficient data to determine readily the location, bearing and
length of every existing street, easement, lot and boundary line and
to reproduce such lines on the ground, including:
(e)
The boundaries and nature of all existing easements, deed restrictions
and other encumbrances.
(f)
Existing contours at vertical intervals of 20 feet, including
the source of the information. 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)
Existing vegetative land cover.
(h)
Delineation of natural features described in the Natural Resources
Inventory, including:
[1]
Existing watercourses.
[2]
Tree masses and other significant land cover.
[3]
Land exceeding a slope of 10%.
[4]
New York State Department of Environmental Conservation or federally
regulated wetland.
[5]
FEMA special flood hazard zone boundaries and designations,
including the flood hazard zone, Community Map Panel number and the
effective date of the flood insurance mapping as shown.
[6]
Other natural features identified in the Natural Resources Inventory.
(i)
All existing significant man-made features, including but not
limited to:
[1]
Buildings with property line setbacks.
[2]
Width, location, and sight distances for all private driveways.
[3]
Limits of pavement and parking areas.
[4]
Existing streets on or adjacent to the subject lot, including
names, right-of-way widths and pavement widths.
[5]
Sanitary and storm sewers.
[6]
Wastewater treatment systems.
[7]
Public and private wells, water mains and fire hydrants.
[8]
Drainage features, including stormwater ponds, swales, culverts,
and known underground drain tiles.
[9]
Location of all other existing utility lines and related facilities,
including, gas, electric and telephone.
(j)
Agricultural infrastructure including surface and subsurface
drainage systems, and access lanes for farm equipment.
(3)
Proposed conditions: development.
(a)
Delineation of all proposed sections or phases if any.
(b)
Delineation of limits of any land to be disturbed in any manner
including areas to be cleared of vegetation, cut, filled, excavated,
or graded. The delineation shall include dimensions and other references
needed to allow efficient field verification.
(c)
Existing and proposed contours, at vertical intervals of no
more than five feet.
(d)
The boundaries and nature of all proposed easements, deed restrictions
and other encumbrances.
(e)
The proposed building setback from each property line and other
buildings on the same lot.
(f)
Location and dimension of all areas to be protected as open
space.
(g)
Location and dimensions of all public buildings, public areas
and other parcels of land proposed to be dedicated to or reserved
for public use.
(h)
Proposed location, boundaries and uses of all buildings.
(i)
Location and description of all swales, ponds, basins, fences, dikes or other devices required to control soil erosion and sedimentation or otherwise comply with the provisions of the Town Soil Erosion and Sedimentation Control Law. (See Chapter 165 of the Town Code.)
(j)
Limits of pavement and parking areas.
(k)
Location and width of all proposed streets, alleys, rights-of-way
and easements. The Planning Board shall have the right to name new
developments and streets in accordance with historic characteristics
of the community and the Ontario County 911 addressing policy.
(l)
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; sanitary
sewer mains and manholes; and storm sewer mains, inlets, manholes
and culverts.
(m)
Location and widths of all proposed driveway intersections with
streets and sight distances therefrom. Suitable means of access in
accordance with Town Code and Town of Canandaigua Site Design and
Development Criteria.[2]
[2]
Editor's Note: The Site Design and Development Criteria are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
(n)
Location and size of all proposed water mains, laterals, hydrants,
meters, and valves.
(o)
Location of any public or private wells.
(p)
Location, size and invert elevations of all proposed sanitary
and storm sewers and location of all manholes inlets and culverts.
(q)
Location, size and design of proposed on site wastewater treatment
systems.
(r)
Location of all other proposed utility lines and related facilities,
including, gas, electric and telephone.
(s)
Proposed vegetative land cover and landscaping.
(t)
Outdoor lighting.
(u)
Location and design of all signs.
(v)
A description of all approvals required from outside agencies.
(w)
Schedule for development, including a detailed sequence of construction
and estimated dates for start and completion.
(x)
The Planning Board may require an applicant to submit additional
information as may be needed to assess the potential impacts from
the proposed development.
A.
Site plan size and legibility.
(1)
Final site plans shall be on sheets no smaller than 8 1/2 inches
by 11 inches and not larger than 24 inches by 36 inches. Where necessary,
final site plans may be drawn in two or more sections accompanied
by a key diagram showing relative location of the sections.
B.
The final site plan shall be clearly marked as final and shall show
thereon or be accompanied by:
(1)
All information provided on the approved preliminary site plan as
well as any improvements, modifications and additional information
required as part of the preliminary approval.
(2)
The names of developments and proposed streets which have first been
approved by the Planning Board and Ontario County 911 Center.
(3)
Detailed sizing and final material specification of all required
improvements.
(4)
Permanent reference monuments as required by any proper authority.
(5)
A detailed plan identifying all lands, easements, and rights-of-way
which shall be commonly owned with the identification of the association
responsible for said ownership and method of managing the commonly
owned properties.
(6)
Copies of other proposed easements, deed restrictions and other encumbrances.
(7)
Protective covenants, if any, in a form acceptable for recording.
(8)
Cost estimates for improvements where surety may be required by the Planning Board, including, but not limited to: landscaping and stormwater and erosion control measures. Sureties shall comply with Town Code § 174-32, Sureties.
(9)
The owner shall tender offers of cession, in a form certified as
satisfactory by the Town Board Attorney, of all land included in streets,
highways or parks not specifically reserved by the property owner.
Although such tender may be irrevocable, approval of the site plan
by the Planning Board shall not constitute an acceptance by the Town
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 Town Board.
Planning Board determinations regarding site plans shall be
accompanied by findings regarding whether or not:
A.
Review of the proposal was completed in compliance with applicable
procedural requirements.
B.
The proposal clearly and accurately describes the proposed lots as
well as proposed development of same.
C.
Proposed development and uses are in compliance with the Site Design
and Development Criteria,[1] Town Code requirements and the intent of this chapter.
[1]
Editor's Note: The Site Design and Development Criteria are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
D.
Subsequent use and development of the lot(s) will not be unduly limited
by easements, deed restrictions or other encumbrances.
E.
Proposed development provides for:
(1)
Safe and efficient vehicular and pedestrian access.
(2)
Sufficient space for on-site parking, loading and unloading and similar
activities.
(3)
Adequate emergency access.
(4)
Proper drainage in compliance with Chapter 165 of the Town Code and current New York State Department of Environmental Conservation requirements.
(5)
Safe and sufficient water supply.
(6)
Proper sewage disposal.
(7)
Proper access to other available utilities such as gas, electric
and telephone.
F.
Resulting development will not have an undue negative impact on the
safety and efficiency of the existing road network.
G.
Resulting development will not have an undue negative impact on neighboring
properties, including farmland and agricultural operations.
[Amended 3-16-2020 by L.L. No. 1-2020]
H.
Proposed development is designed and arranged to minimize modification
of existing landforms, including rock outcroppings, hilltop lookouts
and natural contours.
I.
Proposed development is designed and arranged to avoid impacts to
natural features identified in the Natural Resources Inventory (NRI).
Planning Board findings shall address the specific questions contained
in the NRI.
J.
Proposed development avoids negatively impacting historically significant
features.
K.
Proposed development avoids encroaching on areas subject to periodic flooding. Where avoidance of such areas proves impractical, such measures as required in Chapter 115 of the Town of Canandaigua Town Code, Flood Damage Prevention, will be taken to minimize potential for flood damage to proposed improvements and adjoining properties.
L.
Outdoor lighting is dark-sky compliant in accordance with the provisions contained in § 220-77 of the Town Code.
M.
The site plan design allows the continuation of agricultural practices
on the balance of the site and/or surrounding parcels, and considers
the effects such design shall have on minimizing the impedance of
such practices.
N.
The site plan design follows the Town's adopted Shoreline and Ridgeline
Development Guidelines.[2]
[2]
Editor's Note: The Shoreline and Ridgeline Development Guidelines
are included in the Site Design and Development Criteria, which are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
[Amended 2-13-2012 by L.L. No. 1-2012]
Renewal of site plan approval.
A.
(Reserved)
B.
Renewal.
(1)
One year after the date of the Planning Board Chair signature on
an approved final site plan, said plan shall expire if all permits
required to begin construction have not been obtained. Upon request
of the applicant, the Planning Board may grant individual extensions
of one year each if, in its opinion, such extension is warranted.
(2)
The Planning Board shall grant the request for said extension unless
they have made findings that field conditions on or around the subject
property and/or applicable regulations in existence at the time of
the Planning Board vote to approve have changed significantly and
to such extent that reconsideration of the site plan is warranted.
(3)
Upon approval of the extension request the Planning Board Chair shall
sign and date a copy of the final site plan.
(4)
If an extension is not requested or the Planning Board votes to deny
the applicant's request for an extension, the site plan approval shall
be deemed to have expired.
