A.
Plats for lot line adjustments and subdivisions as well as subsequent
development thereof shall be prepared by a New York State licensed
professional surveyor.
B.
Plat size and legibility. Plats for subdivisions and lot line adjustments
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, such
plats may be in two or more sections accompanied by a key diagram
showing relative location of the sections.
D.
All applications for lot line adjustments and preliminary and final
subdivisions shall be signed by the owner or owners of the property
to verify that the application is made with their consent.
F.
Preapplication conferences. Preapplication conferences with the Development
Office are encouraged in order to:
G.
Sketch plans. The applicant may request or the Planning Board may require submission of a subdivision sketch plan in accordance with § 174-9 of this chapter. The Planning Board's purpose in reviewing subdivision sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed subdivision with Planning Board members at a regular meeting.
H.
Conservation subdivision. The Planning Board may consider any proposal for a conservation subdivision submitted by an applicant pursuant to § 174-16 of this chapter and New York State Town Law § 278, as amended. The Planning Board may require clustering of lots and development to protect environmentally sensitive areas or to preserve open space.
I.
Conservation subdivisions and subdivisions 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 subdivision.
Final review will address one or more individual phases or sections
identified as part of the approved preliminary plat.
J.
All other subdivisions shall be subject to a single stage review. Refer to § 174-10 of this chapter.
K.
Where a subdivision plat covers only a part of the subject and any
adjacent parcel(s) owned by the applicant, the Planning Board may
require a separate conceptual plan for the remainder of the land,
including an estimated time schedule for subdivision and development.
L.
The Planning Board shall refer applications for subdivision to the
Ontario County Planning Board as required by § 239-n of
the General Municipal Law.
N.
Surety. The Planning Board may require that appropriate surety be posted with the Town 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 § 174-32 of this chapter and New York State Town Law.
O.
Waivers. Pursuant to authority in New York State Town Law, the Planning
Board may waive, when reasonable, any requirements or improvements
for the approval, approval with modifications or disapproval of subdivisions
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 subdivision.
[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 its 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).
P.
All subdivision proposals require a public hearing before the Planning
Board. All owners of property located within 500 feet of the parcel
proposed for subdivision shall be notified of the public hearing by
receiving a copy of the legal notice published in the Town's official
newspaper. In addition, the Town Clerk is to provide a public hearing
notice to the municipal clerks in neighboring municipalities when
the site under review lies within 500 feet of the neighboring municipality.
Q.
Complete application. In compliance with New York State Town Law,
subdivision 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.[2] The time periods for review of a subdivision shall begin
upon filing of such negative declaration or such notice of completion.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
R.
Advanced site preparation. After a Planning Board vote to approve
a subdivision and before receipt of the Planning Board Chair signature
on the approved final plat, 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.
S.
Reservation of parkland. In conjunction with its review of a subdivision containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring a set-aside of parkland or payment of a fee in lieu thereof, in compliance with New York State Town Law. See also Town Code Chapter 111, Fees, Administrative, Article II.
Plats for lot line adjustment shall be clearly identified as
such and shall be submitted to the Town Development Office for review
and Planning Board Chair signature before being filed with the office
of Ontario County Clerk.
A.
For lot line adjustments, no additional lots shall be created, and
all resulting lots shall be of sufficient area and dimension to meet
minimum requirements for zoning and building purposes.
C.
The purpose for the lot line adjustment shall be shown on the plat
and described in the deeds.
D.
Applications for lot line adjustments shall be reviewed by the Zoning Officer for compliance with requirements in Town Code Chapter 220 regarding lot size, dimensions and general layout.
E.
Upon a finding of compliance, the plat shall be signed by the Planning
Board Chair.
A.
Sketch plans shall be clearly marked as such and shall identify:
(1)
Existing general land features.
(2)
Existing and proposed development, including buildings and pavement.
(3)
Existing and proposed lots with lot dimensions and areas.
(4)
Proposed land use(s) and zoning.
(5)
Utilities.
(6)
Location and nature of all existing easements, deed restrictions
and other encumbrances.
(7)
Environmentally sensitive features identified on the Natural Resources
Inventory.
B.
It is the responsibility of the applicant to provide a sketch plan
that depicts a reasoned and viable proposal for subdivision and subsequent
development of the lot(s).
C.
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.
[Amended 2-13-2012 by L.L. No. 1-2012; 9-12-2022 by L.L. No. 8-2022]
B.
The submitted plat drawing shall be marked as final and shall include
a note that no preliminary subdivision review was required.
C.
The process for single-stage subdivision review shall be as required
in New York State Town Law Article 16, § 276, Part 6(d),
as may be amended.
D.
Applications for subdivision classified as major subdivision are
not eligible for single stage review.
A.
Preliminary plats shall be clearly identified on the plats as being
preliminary.
B.
Approvals of preliminary plats shall include a description of what
is being approved.
C.
Within five business days of the adoption of the resolution granting
approval or disapproval of a preliminary plat, 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 plat shall be included in the Planning Board's
minutes and a copy mailed to the applicant.
D.
If preliminary plat drawings are not submitted to the Town Development
Office for required signatures within six months of the Planning Board
vote to approve said plat, the Planning Board may revoke the preliminary
plat approval only after finding that field conditions on or around
the subject property and/or applicable regulations in existence at
the time of the vote to approve have changed significantly and to
such extent that reconsideration of the preliminary plat is warranted.
E.
In the event the Planning Board fails to take action on a preliminary
plat within the time prescribed by Town Law § 276, as amended,
the plat shall be deemed approved, and a certificate of the Town Clerk
as to the date of submission and the failure to take action within
such a prescribed time shall be issued on demand and shall be sufficient
in lieu of written endorsement or other evidence of approval herein
required.
A.
In compliance with New York State Town Law, within six months of
the Planning Board Chair signature on an approved preliminary plat,
the owner must submit the final plat for consideration by the Planning
Board. If such plat is not so submitted, approval of the preliminary
plat may be revoked by the Planning Board.
B.
The Planning Board shall, by resolution, approve, approve with conditions
or disapprove a final subdivision plat. Resolutions for conditional
approval shall include such requirements which, when completed, will
authorize signing of said plat by such persons as specified therein.
C.
Within five business days of the Planning Board resolution approving,
conditionally approving or disapproving a final subdivision plat,
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.
D.
Approval of a final plat by a resolution of the Board shall expire
within 180 days after the date of the resolution granting approval
if said plat 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.
E.
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 plat. Signature of the Planning Board Chairperson shall constitute
final approval.
F.
A subdivision plat submitted for signature shall be a clear, legible
print on linen or other suitable material that will not deteriorate.
A.
A preliminary subdivision application shall include an affidavit
that the applicant is the owner or equitable owner of the land proposed
to be subdivided or his or her legal representative.
B.
Information shown on preliminary subdivision plats 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.
C.
The preliminary subdivision plat 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 subdivision name or identifying title (Preliminary
Subdivision of Property Owner).
(c)
Name and address of the property owner.
(d)
Names of owners of all abutting land and the names of all abutting
subdivisions.
(e)
Name and seal of the New York State licensed professional engineer
and/or surveyor responsible for the plat.
(f)
Date, North point and scale. The plat 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: lots.
(a)
All existing property lines, with bearings and distances, including
the subject (parent) parcel(s) Tax Map number(s).
(b)
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:
(c)
The boundaries and nature of all existing easements, deed restrictions
and other encumbrances.
(3)
Existing conditions: natural land features.
(a)
Existing contours at vertical intervals of no more than 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.
(b)
Existing vegetative land cover.
(c)
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]
NYSDEC 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.
(4)
Existing conditions: man-made features.
(a)
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.
[10]
Agricultural infrastructure, including surface
and subsurface drainage systems and access lanes for farm equipment.
(5)
Proposed conditions: lot boundaries.
(a)
Delineation of all proposed sections or phases, if any.
(b)
Survey map of new lots to be created as well as a survey or
general location map showing the relationship of the derivative and
parent parcels, including the road frontage and area remaining in
the parent parcel. (For large parcels, a drawing from the legal description
may be accepted.)
(c)
Area of each lot in square feet. Proposed lots shall be numbered
in numerical order.
(d)
Sufficient data to determine readily the location, bearing and
length of every proposed street, easement, lot and boundary line and
to reproduce such lines on the ground, including:
(e)
The proposed building area for each lot as measured from the
property line.
(f)
Required building setback lines on each lot.
(g)
For proposed conservation subdivisions (§ 174-16), a summary of requested modifications to lot size, setback and other dimensional requirements.
(h)
The boundaries and nature of all proposed easements, deed restrictions
and other encumbrances.
(6)
Proposed conditions: development.
(a)
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.
(b)
Existing and proposed contours, at vertical intervals of no
more than five feet.
(c)
Proposed location, boundaries and uses of all buildings.
(d)
The proposed building setback from each property line and other
buildings on the same lot.
(e)
Location and dimension of all areas to be protected as open
space.
(f)
Location and dimensions of all public buildings, public areas
and other parcels of land proposed to be dedicated to or reserved
for public use.
(g)
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.)
(h)
Limits of pavement and parking areas.
(i)
Location and width of all proposed streets, alleys, rights-of-way
and easements.
(j)
Typical cross-sections, street profiles and drainage details
for all streets. Such profiles shall 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.
(k)
Location and widths of all proposed driveway intersections with
streets and sight distances therefrom. Suitable means of access in
accordance with the Town Code and the Town of Canandaigua Site Design
and Development Criteria[2] must be shown for each lot unless such lot is to be annexed
to an existing parcel with suitable access.
[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®).
(l)
Location and size of all proposed water mains, laterals, hydrants,
meters and valves.
(m)
Location of any public or private wells.
(n)
Location, size and invert elevations of all proposed sanitary
and storm sewers and location of all manholes, inlets and culverts.
(o)
Where on-site wastewater treatment will be required for development
of the proposed lots and regardless of whether or not the current
application includes proposed development, the following information
shall be provided:
[1]
Delineation of sufficient area for at least one potential on-site
wastewater treatment system for each proposed lot unless such lot
has an existing and functioning on-site wastewater treatment system.
[2]
Field test results and the name of the individual taking the
tests to determine soil percolation capabilities within that area.
(p)
Location of all other proposed utility lines and related facilities,
including, gas, electric and telephone.
(q)
Proposed vegetative land cover and landscaping.
(r)
Outdoor lighting.
(s)
Location and design of proposed signs.
(t)
Documentation of compliance with the adopted Town of Canandaigua
Ridgeline Design Guidelines and Shoreline Development Guidelines.[3]
[3]
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®).
(u)
A description of all approvals required from outside agencies.
(v)
Schedule for development, including a detailed sequence of construction
and estimated dates for start and completion.
(w)
The Planning Board may require an applicant to submit additional
information as may be needed to assess the potential impacts from
the proposed development.
The final subdivision plat shall be clearly marked as final
and shall show thereon or be accompanied by:
A.
All information provided on the approved preliminary plat as well
as any improvements, modifications and additional information required
as part of the preliminary approval.
B.
The names of developments and proposed streets. 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, which have first been approved by the Planning
Board and Ontario County 911 Center.
C.
Detailed sizing and final material specification of all required
improvements.
D.
Permanent reference monuments as required by any proper authority.
E.
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.
F.
Copies of other proposed easements, deed restrictions and other encumbrances.
G.
Protective covenants, if any, in a form acceptable for recording.
H.
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. Refer to § 174-32 of this chapter.
I.
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 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.
Land shall be suited to the purposes for which it is to be subdivided.
Regardless of whether or not development is proposed, Planning Board
decisions regarding subdivisions 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.
Resulting lots are sized and arranged to allow reasonable development
and use in compliance with existing Town Code requirements and the
intent of this chapter.
D.
Subsequent use and development of the lots will be unduly limited
by easements, deed restrictions or other encumbrances.
E.
Proposed lots and development provide 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.
(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 have an undue negative impact on the safety
and efficiency of the existing road network.
G.
Resulting development will have an undue negative impact on neighboring
properties.
H.
Proposed lot layouts and development are designed and arranged to
minimize modification of existing landforms, including rock outcroppings,
hilltop lookouts and natural contours.
I.
Proposed lot layouts and development are designed and arranged to
avoid impacts to natural features identified in the Natural Resources
Inventory.
J.
Proposed lots and development avoid, to the extent practical, negatively
impacting culturally and historically significant features.
K.
Proposed lots and development avoid 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 Code, Flood Damage Prevention, will be taken to minimize potential for flood damage to proposed improvements and adjoining properties.
L.
Outdoor lighting shall be dark-sky-compliant in accordance with the provisions contained in § 220-77 of the Town Code.
M.
The subdivision 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 subdivision design follows the Town's adopted Site Design and
Development Guidelines as well as the Shoreline and Ridgeline Development
Guidelines.[1]
[1]
Editor's Note: The Site Design and Development Criteria (which
contain the Shoreline and Ridgeline Development Guidelines) are available
in the Town offices or through the Town's online version of the Code
(eCode360®).
[Amended 3-16-2015 by L.L. No. 3-2015; 8-16-2021 by L.L. No. 8-2021]
A.
Purpose. Pursuant to § 278 (cluster subdivisions) of New
York Town Law, the purpose of these regulations is to:
(1)
Achieve a balance between well-designed development, meaningful open
space conservation and natural resource protection in the Town of
Canandaigua by requiring conservation subdivisions instead of conventional
subdivisions. Conservation subdivision (clustering) is intended to
encourage conservation and development in the most appropriate locations
on a subdivided parcel, to limit the impact of development on sensitive
and/or significant natural, agricultural, scenic and cultural resources,
and to encourage development that enhances the Town's rural character,
pattern and scale of settlement.
(2)
Allow for residential development on lots that are smaller than would
otherwise be permitted in the applicable zoning district in exchange
for the protection of conservation assets identified in the Town's
Natural Resource Inventory.
(3)
Encourage the placement of lots and design of streets in a manner
that results in more efficient provision of infrastructure and delivery
of public services and that supports a walkable and socially cohesive
residential community.
(4)
Maintain and preserve the natural, agricultural, scenic and cultural
assets identified in the Town's Natural Resource Inventory.
(5)
Advance the goals of the Town's Comprehensive Plan.
B.
Guiding principles.
(1)
A conservation subdivision must be designed and maintained to ensure
that the conservation assets located on the site retain their ecological,
hydrological, agricultural, scenic and other qualities. The design
must be designed and maintained to avoid fragmentation of conservation
assets and to maintain corridors that connect significant ecological
communities.
(2)
Procedures and institutional structures for ongoing management of
the conservation assets on the site are required as a condition of
subdivision approval.
C.
Applicability.
(1)
A proposed subdivision in any zoning district must be designed as a conservation subdivision if more than 10% of the parent parcel, excluding any Class 1: Constrained or unbuildable land as defined in Subsection D(2)(a) below, comprises Class 2: Priority Conservation Assets as defined in Subsection D(2)(b) below or Class 3: Other Conservation Assets as defined in Subsection D(2)(c) below.
(2)
To determine whether a conservation subdivision will be required,
refer to the diagram in Figure 1 below. Subtract the acreage of Class
1 Constrained or Unbuildable Land (C) from the total acreage of the
parcel (A). Determine the total acreage of Class 2 and Class 3 Conservation
Assets excluding any land that is Class 1: Constrained or Unbuildable
Land (B). If [B] divided by [A minus C] is 10% or more, the Planning
Board may require a conservation subdivision.
|
Figure 1: Calculations to determine whether a conservation
subdivision will be required
 |
(3)
Exceptions.
(a)
The Planning Board will not require a conservation subdivision
if the total acreage of land to be subdivided into one or more building
lots is less than three acres.
(b)
If, based upon the conservation analysis described in Subsection D below, the Planning Board determines that there is no reasonable basis for requiring a conservation subdivision, the Board may allow and may approve a conventional subdivision plat. In order for the Planning Board to make such a determination, the Planning Board must find at least one of the following:
[1]
The land contains no substantial resources with conservation
value;
[2]
The total acreage under consideration is too small to preserve
a substantial amount of land with conservation value (this criterion
shall not be evaded by piecemeal subdivision of larger tracts); or
[3]
The lot configuration is unique and precludes preservation of
a substantial amount of land with conservation value.
D.
Conservation analysis.
(1)
As part of its sketch plan and preliminary plat submission [See Subsection I(2), Permanent preservation by conservation easement, below.], an applicant shall prepare a conservation analysis, consisting of inventory maps, a written description of the land and an analysis of the conservation value of various site features.
(2)
The conservation analysis must identify and delineate all Class 1,
Class 2 and Class 3 lands as described below.
(a)
Class 1: Constrained or unbuildable land. Class 1: Constrained
or unbuildable lands are areas that cannot be developed due to federal,
state or Town regulations, deed restrictions, easements or other physical
or legal limitations to development. The area of these lands will
not count in the determination of the maximum number of lots on the
site nor in the computation of the preserved acreage. Constrained
or unbuildable lands include, but are not limited to:
[1]
Wetlands that require a permit from the NYS DEC or U.S. Army
Corps of Engineers (See NRI Map 15).
[2]
Flood hazard areas (Zone A or Floodway) (See NRI Map 15).
[3]
Slopes of 40% or more (See NRI Map 7).
[4]
Land within 25 feet of the mean high water mark of Canandaigua
Lake or 100 feet of the bed of a stream classified as Class C or higher
by the NYS Department of Environmental Conservation.
[5]
Land within an existing or proposed stormwater management facility
or right-of-way.
[6]
Land occupied by existing or proposed public utility structures
or improvements.
[7]
Land encumbered by existing easements or otherwise unavailable
for development.
(b)
Class 2: Priority conservation assets. Class 2: Priority conservation
assets include the following lands identified in the Town's Natural
Resource Inventory, exclusive of any lands classified as Class 1:
Constrained or unbuildable lands.
[1]
Land that includes rare or vulnerable ecological communities
(Silver Maple-Ash Swamp; Floodplain Forest) (See NRI Map 1).
[2]
Woodlands within the Strategic Forest Protection Area (See NRI
Map 8).
[3]
Agricultural land that was farmed within the past two years,
located within the strategic agricultural protection area, with soils
classified as Prime, Prime if Drained, or Soils of Statewide Significance
(See NRI Map 8).
[4]
Riparian buffers within 150 feet of a stream centerline, exclusive
of the 100-foot stream corridor included in Class 1 (See NRI Map 5).
[5]
Slopes of 15% or more but less than 40%.
(c)
Class 3: Other conservation assets. Class 3: Other conservation
assets include the following lands identified in the Town's Natural
Resource Inventory, exclusive of any lands classified as Class 1:
constrained or unbuildable lands or Class 2: priority conservation
assets.
[1]
Other natural land cover types (including, but not limited to
woodlands, wetlands, old field or shrubland) not included in Class
1 or Class 2 (see NRI Maps 1 and 3).
[2]
Land visible from Canandaigua Lake (See NRI Map 11).
[3]
Land adjoining or visible from existing public or protected
land (See NRI Map 10).
[4]
Land including or adjoining historic sites (See NRI Map 10).
[5]
Agricultural land that was farmed within the past two years,
located outside the strategic agricultural protection area, with soils
classified as Prime, Prime if Drained, or Soils of Statewide Significance
as classified by the U.S. Department of Agriculture.
[6]
Land within the Padelford Brook Greenway not included in other
categories (See NRI Map 14).
[7]
Scenic landscapes.
[8]
Recreational resources.
[9]
Lands that provide connectivity to public land.
[10]
Buffers for resources in adjacent or nearby parcels.
[11]
Publicly accessible open space.
(3)
Other conservation considerations. Applications for conservation
subdivisions should also identify other conservation considerations
applicable to the site, including but not limited to:
(4)
The conservation analysis shall describe the current and potential
conservation value of all land on the site. In the course of its initial
preliminary plat review, the Planning Board shall indicate to the
applicant which conservation assets are most important to preserve.
(5)
The outcome of the conservation analysis and the Planning Board's
determination shall be incorporated into the approved preliminary
plat, which shall show land to be permanently preserved by a conservation
easement. The preliminary plat shall also show preferred locations
for intensive development as well as acceptable locations for less
dense development.
(6)
The determination as to which land has the most conservation value
and should be protected from development by conservation easement
shall be made by the Planning Board. Whenever the Planning Board approves
a preliminary plat with protected open space, it shall make written
findings identifying the specific conservation values protected and
the conservation findings supporting such protection. An application
that does not include a complete conservation analysis sufficient
for the Planning Board to make its conservation findings shall be
considered incomplete.
E.
Calculation of number of residences permitted.
(1)
The maximum number of dwellings allowed on a site shall be known
as the base density.
(2)
Unconstrained acreage shall be determined by subtracting the acreage
of Class 1: constrained and unbuildable land from the total (gross)
acreage.
(3)
Base density shall be determined by dividing the unconstrained acreage
by the allowable number of acres per unit required within the zoning
district. All fractional units shall be rounded to the nearest whole
unit. A sketch plan of a conventional subdivision in which all lots
comply with minimum lot sizes is required to demonstrate the number
of units that can be accommodated on the site.
(4)
The maximum base density determined under this section may be further reduced by the Planning Board as a result of the conservation analysis required in Subsection D above.
(5)
Bonus density. Pursuant to § 261-b of New York Town Law, the base density, as determined by Subsection E(3) above, may be increased by up to 15% by the Town Board within areas served by public water and sewer, if permanent public access will be granted to the protected open space land and any associated improvements.
(6)
Density permitted by this section shall not be further reduced as
a result of the reservation of parkland during the subdivision process.
F.
Development standards.
(1)
Types of development in a conservation subdivision. Notwithstanding
the requirements of the zoning district, residential development as
part of a conservation subdivision may include single-family dwellings,
two-family dwellings, townhomes with a maximum of six units per group,
or four-plexes (four dwelling units in one freestanding structure).
(2)
Area and dimensional requirements.
(a)
The Planning Board may waive requirements for minimum lot sizes,
setbacks and dwelling size that would otherwise apply to residences
in the zoning district.
(b)
Appropriate lot sizes will be determined by the Planning Board
after careful consideration of all site characteristics and development
requirements. Within areas not served by public water and sewer service,
minimum lot sizes shall be determined by the Planning Board with regard
to specific site characteristics and public health and safety concerns.
(c)
The applicant shall specify lot sizes, and other lot dimensions
to be incorporated into the final plat. Lot dimensions and building
setbacks must be based on careful consideration of all site characteristics
and development requirements.
(d)
Setbacks between any residences and parcels adjoining the conservation
subdivision must be at least the minimum setback required in the zoning
district for single-family residences. Larger buffers may be required
by the Planning Board.
(e)
Maximum building heights in the zoning district shall apply
to all structures in the conservation subdivision.
G.
Conservation standards.
(1)
The conservation subdivision must be designed to protect the conservation
assets proposed to be preserved from future disturbance due to incompatible
land uses, changes in ecological function or other impacts associated
with development of the site.
(2)
Minimum open space preservation requirement.
(a)
At least 40% of the area of the parent parcel, not including
the total acreage of Class 1: constrained/unbuildable land, must be
preserved with a permanent conservation easement. (See Figure 1. To
determine the minimum amount of preserved land, divide [the acreage
of land to be preserved, "B"] by [the acreage of the parent parcel
("A") minus the acreage of Class 1: constrained or unbuildable lands
("C")]. The resulting number must be 40% or larger.)
|
Figure 2: Calculation of minimum required permanent open
space
 |
(c)
If the total acreage of land containing Class 1, Class 2 or
Class 3 conservation assets comprises less than 40% of the entire
parent parcel, outdoor recreation areas or other open space shall
be incorporated into the conservation subdivision design.
(d)
The Planning Board may waive the requirements in this section
provided that the subdivision design meets appropriate conservation
goals.
(3)
Required conservation buffers. The following conservation buffers
must be incorporated into the subdivision design, unless waived by
the Planning Board:
(a)
Minimum 100-foot buffer from all Class 1: constrained/unbuildable
land.
(b)
Minimum 100-foot buffer from the Class 2: priority conservation
assets that will be preserved with a conservation easement.
(c)
Minimum 50-foot buffer from Class 3: other conservation assets
that will be preserved with a conservation easement.
(d)
Where a conservation subdivision abuts an existing residence
in a residentially zoned area, a suitable buffer area shall be required
by the Planning Board. This buffer shall be at least the same distance
as the minimum rear or side yard setback in the district in which
the abutting land is located.
(4)
Connections to adjoining land. The subdivision design must incorporate
connections between conservation assets on and adjoining the site
to maximize their functional and aesthetic value.
(5)
Land to be preserved through a conservation easement or other mechanism
must be delineated as separate parcel. Conservation easements will
not be permitted on a portion of a building lot.
H.
Conservation subdivision design steps and review procedures. The
design of a conservation subdivision must follow the following steps.
(1)
Step 1: Determine applicability.
(a)
Identify, delineate and calculate the number of acres on the
parent parcel of all generally contiguous conservation assets, including
Class 1: constrained or unbuildable land, Class 2: priority conservation
assets, and Class 3: other conservation assets. "Generally contiguous"
means that the area calculation may include minor interruptions such
as small areas of open areas within an otherwise wooded area or a
hedgerow within a farm field.
(b)
Identify, delineate and calculate the number of acres of all
generally contiguous conservation assets not included in the constrained
or unbuildable land.
(c)
If the total acreage of land, excluding Class 1: constrained or unbuildable land, that comprises Class 2: priority conservation assets, and Class 3: other conservation assets, is more than 10% of the size of the parent parcel (exclusive of Class 1: constrained or unbuildable land), a conservation subdivision is required. If this amount is 10% or less, a conservation subdivision is optional. [See diagram in Subsection C(2).]
(2)
Step 2: Prepare conservation analysis as described in Subsection D and a conservation plan based on the outcome of the conservation analysis.
(a)
Prepare a map that depicts all of the Class 1, Class 2 and Class
3 conservation assets on the site.
(b)
Label or provide a key that identifies each type of Class 1:
constrained or unbuildable land, Class 2: priority conservation assets,
and Class 3: other conservation assets on the site (e.g., high-quality
agricultural soils; ecological community; flood hazard area; regulated
wetland; steep slope, stream/lake buffer, etc.).
(c)
Prepare a narrative description of the conservation goals relating
to each type of conservation asset on the site. Examples of conservation
goals include:
(d)
Prepare a narrative that demonstrates how permanent protection
of conservation lands as part of a conservation subdivision will help
achieve these goals.
(3)
Step 3: Calculate maximum number of residential lots ("base density
determination").
(a)
Subtract the acreage of Class 1: constrained/unbuildable land
from the total acreage.
(b)
Divide the remainder by the number of lots that would be permitted
in the zoning district. This number will be calculated by dividing
the buildable (unconstrained) land area in each zoning district on
the site by the required minimum lot size for the zoning district.
Fractional units will be rounded to the nearest whole number.
(c)
Prepare a sketch of a conventional subdivision in which all
lots comply with minimum lot size requirements and no development
occurs on any constrained or unbuildable lands to determine the maximum
number of lots that can be accommodated on the site.
(4)
Step 4: Prepare sketch plan (voluntary).
(a)
Prepare a sketch plan that depicts all:
(b)
The sketch plan must also depict and label all Class 1, Class
2 and Class 3 conservation assets located within 100 feet of the parent
parcel.
(5)
Step 5: Preliminary subdivision plat. In addition to information required pursuant to Town Code § 174-14, the preliminary subdivision application for a conservation subdivision shall contain the following:
(6)
Step 6: Final subdivision review. In addition to information required pursuant to Town Code § 174-14, the final subdivision application for a conservation subdivision shall contain the following:
(a)
Proposed conservation easement(s) for the protection of permanent
open space land.
(b)
A final land management plan for the permanent open space areas,
to be incorporated into the conservation easement and made enforceable
by the Town.
(c)
All the materials required for approval as provided herein,
unless waived by the Planning Board.
I.
Permanent open space. Open space set aside in a conservation subdivision
shall be permanently preserved as required by this section. Any development
permitted on land located in a conservation subdivision that is not
protected as open space shall not compromise the conservation value
of such open space land.
(1)
Conservation value of open space. The open space protected pursuant to this section must have conservation value, which shall be documented in the conservation analysis described in Subsection D above and address the goals specified in the conservation plan.
(2)
Permanent preservation by conservation easement.
(a)
A permanent conservation easement or other mechanism approved
by the Town Board will be required to permanently protect all lands
designated for conservation in the conservation subdivision plat.
[1]
The lands designated for conservation must be within one or
more parcels separate from any area to be developed with building
lots.
[2]
Such conservation easement shall be approved by the Planning
Board and is required for final plat approval.
[3]
The Planning Board shall require that the conservation easement
be enforceable by a recognized land trust or similar agency, or the
homeowners' association, if the Town is not the holder of the conservation
easement.
[4]
The Planning Board shall confirm that the deed includes language
regarding the conservation easement prior to final approval.
[5]
The conservation easement shall be recorded in the County Clerk's
office, and recording information (liber and page) shall be shown
on the final plat prior to filing of the final plat in the County
Clerk's office.
(b)
The conservation easement shall prohibit residential, industrial
or commercial use of open space land, except in connection with agriculture,
forestry and passive recreation, and shall not be amendable to permit
such use.
[1]
Driveways, wells, underground sewage disposal facilities, local
utility distribution lines, stormwater management facilities, trails
and agricultural structures may be permitted on preserved open space
land with Planning Board approval, provided that they do not impair
the conservation value of the land.
[2]
Forestry shall be conducted in conformity with applicable best
management practices as described by the New York State Department
of Environmental Conservation's Division of Lands and Forests.
(3)
Land management plan. A land management plan, approved by the Planning
Board, shall be included in the conservation easement. The land management
plan must clearly describe how the conservation assets will be preserved
in order to maintain the relevant conservation goals for the site
and shall contain the following information:
(a)
A baseline property condition report fully describing conditions
of the property to be protected under the easement.
(b)
Primary contact information for all parties responsible for
holding, monitoring and enforcing the easement.
(c)
A monitoring schedule and associated requirements.
(d)
A recordkeeping procedure.
(e)
Enforcement policy.
[1]
The conservation easement shall provide that if the Town Board
finds that the management plan has been violated in a manner that
renders the condition of the land a public nuisance, the Town may,
upon 30 days' written notice to the owner, enter the premises for
necessary maintenance, and the cost of such maintenance by the Town
shall be assessed against the landowner, or, in the case of a homeowners'
association, the owners of properties within the development, and
shall, if unpaid, become a tax lien on such property or properties.
[2]
The conservation easement shall provide that if the Town's Code Enforcement Officer finds that the conservation easement or management plan has been violated in any way, the owner of the property and any persons or entities contributing to said violation shall be subject to the penalties specified for Zoning Code violations in Town Code § 220-114, § 220-115, and § 220-99.
(4)
Town Clerk notations on Official Zoning Map. In accordance with § 278
of Town Law, when the final plat is filed with the County Clerk and
a copy of the final plat is filed with the Town Clerk, the Town Clerk
shall make appropriate notations and references thereto on the Town
Zoning Map. The Town Clerk shall make such notations and references
as needed, but not less frequently than semiannually.
