A.
The provisions contained herein shall apply to all land within the
corporate limits of the Town of Canandaigua. All divisions of land
within the Town of Canandaigua shall be designed and submitted for
approval in compliance with the standards and procedures set forth
herein.
B.
All plans for division of land within the Town of Canandaigua shall
receive approval in compliance with these regulations before being
recorded in the office of the Ontario County Clerk.
These regulations are adopted to create and provide for conditions
favorable to the public health, safety and general welfare and guide
future growth by:
A.
Use of sound planning principles as set forth in the Town of Canandaigua
Comprehensive Plan.
B.
Ensuring that the proposed development is approved only when the
following facilities are proven to be of sufficient capacity to accommodate
the development:
C.
Establish standards and procedures for subdivision of land and ensure
proper legal descriptions and monuments of subdivided land.
D.
Minimizing potential conflicts among the uses of neighboring lands
and buildings while protecting and conserving the value of land and
existing businesses.
E.
Preserving the natural beauty and topography of lands within the
Town of Canandaigua by fostering appropriate development which shows
special regard for the protection of environmentally sensitive areas
and existing landforms, as well as agricultural land and agricultural
practices.
A.
Other local regulations. These regulations shall not, nor are they
intended to, nullify any more restrictive local regulations, laws
or ordinances in effect in the Town of Canandaigua.
C.
Conflict with public and private provisions.
(1)
Public provisions. These regulations are not intended to interfere
with, abrogate or annul any other ordinance, rule, regulation, statute
or other provision of law. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision
of any local ordinance, regulation or law, that provision which is
more restrictive or imposes the higher standard shall control.
(2)
Unless specified herein, procedural and other requirements described
in New York State Town Law §§ 265-a, 276, 277, 278,
279 and elsewhere in New York State law shall apply to all proposed
subdivisions.
(3)
Private provisions. These regulations are not intended to annul or
void any easement, covenant or other private agreement or restriction.
Enforcement of any such provisions, whether or not discussed in the
subdivision review process, shall not be the responsibility of the
Town of Canandaigua.
D.
Pending actions. These regulations shall not be construed as abating
any action now pending under prior existing subdivision regulations
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, association
or corporation, or as waiving any right of the Town of Canandaigua
under any section or provision existing at the time of adoption of
these regulations, or as vacating or annulling any rights obtained
by any person, association or corporation, by lawful action of the
municipality except as shall be expressly provided for herein.
A.
General enforcement.
(1)
A lot hereafter created by subdivision of a larger tract of land
within the Town of Canandaigua shall not be transferred or sold and
no permits for developing such lots shall be issued unless a plat
which shows such lot and which bears the final approval of the Town
has been duly filed in the office of the Ontario County Clerk.
(2)
The subdivision of any parcel of land, by the use of a metes-and-bounds
description for the purpose of sale, transfer or lease, with the intent
of evading these regulations shall not be permitted.
B.
Unless as specified herein, interpretation and enforcement of this
chapter shall be the duty of the Zoning Officer.
C.
Violations. Any person, association or corporation failing to comply
with or violating any of these regulations shall be guilty of an offense
and subject to the penalties of that offense or offenses as set forth
in Town Law § 268 and § 334 of the New York State
Real Property Law, as amended.
D.
Civil enforcement. Appropriate actions and proceedings may be taken
at law or in equity proceedings to prevent or cease any violation
of these regulations, to prevent unlawful conveyance or construction,
to recover damages, to restrain, correct or abate a violation or to
prevent illegal occupancy of a building structure or premises. These
remedies shall be in addition to the penalties described above.
