Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
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.
C. 
Plats for all proposed subdivisions as defined in Chapter 1, Article II, shall be filed with the Planning Board for approval.
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.
E. 
Fees. See Chapter 111, Fees, Administrative.
F. 
Preapplication conferences. Preapplication conferences with the Development Office are encouraged in order to:
(1) 
Review application requirements and procedures;
(2) 
Discuss preliminary design of the project;
(3) 
Establish a probable timetable for review; and
(4) 
Review Town policies concerning development.
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.
M. 
SEQR. All applications for approval require appropriate environmental review in accordance with the State Environmental Quality Review Act[1] and its implementing regulations.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
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. 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.
(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.
B. 
Submitted plats for lot line adjustments shall show information as described in §§ 174-13 and 174-14 of this chapter.
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.
A. 
Applications for subdivision plats to be reviewed in one stage where no preliminary subdivision review is required shall be submitted in final form and shall include all information required for preliminary and final plats as specified in §§ 174-13 and 174-14 of this chapter.
[Amended 2-13-2012 by L.L. No. 1-2012]
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.
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.
(m) 
For lots located within or adjacent to an established Ontario County Agricultural District, the plat shall have a general note identifying and thereby acknowledging the provisions of the Town's Right-to-Farm Law.[1]
[1]
Editor's Note: See Ch. 107, Farming.
(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:
[1] 
The length of all straight lines, radii, lengths of curves and tangent bearings for each street; and
[2] 
All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use.
(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:
[1] 
The length of all straight lines, radii, lengths of curves and tangent bearings for each street; and
[2] 
All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use.
(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.
(4) 
Proper drainage in compliance with Chapter 165 of Town Code and current NYSDEC 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 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]
A. 
Purpose. Pursuant to § 278 (cluster subdivisions) of New York Town Law, the purpose of these regulations is to 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 development in the most appropriate locations on a subdivided parcel, to limit the impact of development on sensitive and/or significant environmental, agricultural, historical and archaeological resources, and to encourage development that enhances the Town's rural character, pattern and scale of settlement. The process for conservation subdivision of land shall be as follows:
(1) 
Step 1: determine applicability or exemption.
(2) 
Step 2: preapplication sketch plan discussion (voluntary).
(3) 
Step 3: identify constrained (undevelopable) land.
(4) 
Step 4: calculate maximum permissible number of lots.
(5) 
Step 5: perform conservation analysis.
(6) 
Step 6: preliminary plat review.
(7) 
Step 7: final plat review.
B. 
Applicability.
(1) 
These regulations shall apply to all subdivisions of property in all zoning districts unless:
(a) 
The proposed subdivision results in a total of four or fewer lots created from one parent parcel; and
(b) 
The road frontage of the parent parcel will not be reduced by more than 50%; and
(c) 
No new public street or private roads will be created; and
(d) 
No more than 10% of the parent parcel contains priority natural resources as identified in the Town's Natural Resources Inventory.
(2) 
Subdivision proposals that do not meet all four of the above criteria shall be subject to preliminary and final subdivision review, as described in this chapter, and the conservation subdivision process described herein.
(3) 
Subdivision proposals that meet all four of the above criteria may, at the discretion of the applicant, utilize the conventional subdivision process described in this chapter.
C. 
Standards for conservation subdivisions.
(1) 
Density calculation.
(a) 
The maximum number of residential dwellings allowed on a site shall be known as the base density. Appropriate lot sizes will be determined by the Planning Board after careful consideration of all site characteristics and development requirements.
[1] 
Constrained land includes:
[a] 
New York State or federally regulated wetlands.
[b] 
Watercourses as depicted in the Natural Resources Inventory.
[c] 
One-hundred-year floodplains.
[d] 
Slopes over 15%.
[e] 
Land which contains one or more acres of woodlands, up to a maximum of five acres in any one area of the site.
[f] 
Land which is occupied by existing public utility structures or improvements.
[g] 
Land encumbered by existing easements or in other ways made unavailable for development.
[h] 
Land which is within an existing drainage control area or right-of-way.
[i] 
Land which is otherwise found by the Planning Board to be unsuitable for development.
[2] 
Unconstrained acreage shall be determined by subtracting the acreage of constrained 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.
(b) 
Pursuant to § 261-b of New York Town Law, the base density, as determined by Subsection C(1)(a) 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.
(c) 
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 C(2), Conservation analysis, below.
(d) 
The density permitted by this section shall not be further reduced as a result of the reservation of parkland during the subdivision process.
(2) 
Conservation analysis.
(a) 
As part of its preliminary plat submission [See Subsection D(2), Permanent preservation by conservation easement, below.], an applicant shall prepare a conservation analysis, consisting of inventory maps, description of the land and an analysis of the conservation value of various site features. The conservation analysis shall show lands with conservation value, including but not limited to:
[1] 
Constrained land as defined in Subsection C(1)(a)[1] above;
[2] 
Open space and recreational resources described in the Town's Farmland and Open Space Conservation Plan and Lands of Conservation Interest Map;
[3] 
Buffer areas necessary for screening new development from adjoining parcels;
[4] 
Land exhibiting recreational, historic, ecological, water resource, scenic or other natural resource value, as shown within the Town's Natural Resources Inventory; and
[5] 
In districts where agriculture is a permitted use, the agricultural value of land as indicated by the presence of soils classified by the U.S. Department of Agriculture as prime, prime if drained, and soils of statewide importance.
(b) 
The conservation analysis shall describe the importance and 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 of the lands identified as being of conservation value are most important to preserve.
(c) 
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.
(d) 
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) 
The preliminary plat shall show the following as land to be preserved by conservation easement:
[1] 
Constrained land identified by the analysis described in Subsection C(1) above; and
[2] 
Within residential districts, at least 40% of the land not preserved in Subsection C(2)(e)[1] above.
(f) 
If, based upon the conservation analysis, the Planning Board determines in its conservation findings that there is no reasonable basis for requiring a conservation subdivision, the Board 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 the lot configuration is unique and precludes preservation of a substantial amount of land with conservation value.
(g) 
In order to make the required showing under Subsection C(2)(f)[1] or [2] above, the applicant must also demonstrate that the parcel does not adjoin other land that, when combined with open space on the parcel, would result in the preservation of a substantial amount of land with conservation value (including, but not limited to, any portion of a designated trail corridor), regardless of whether or not the adjoining parcels have been protected as open space.
(h) 
Approval of a conventional subdivision shall refer to the conservation findings and may be conditioned upon the protection by conservation easement of portions of the site identified in the conservation analysis.
(3) 
Types of development in a conservation subdivision. The allowable residential units may be developed as single-family or two-family dwellings. Within a conservation subdivision, a maximum of 25% of the residential units may be placed in two-family dwellings.
(4) 
Area and dimensional requirements.
(a) 
The minimum lot sizes permitted within conservation subdivisions shall be as follows:
[1] 
Within the R-1-20 District, where a site has both public water and sewer service, lot area shall not be smaller than 10,000 square feet.
[2] 
Within the R-1-30 District, where a site has both public water and sewer service, lot area shall not be smaller than 15,000 square feet.
[3] 
Within the SCR-1 District, where a site has both public water and sewer service, lot area shall not be smaller than 20,000 square feet.
[4] 
Within the MR, NC, RB-1, CC, I and LI Districts, where a site has both public water and sewer service, lot area shall not be smaller than 30,000 square feet.
[5] 
Within all 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.
(b) 
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.
(c) 
Where residential lots within a conservation subdivision abut agricultural operations, a suitable buffer area shall be required by the Planning Board. See also Town Code Chapter 107, Farming, for the Town of Canandaigua Right-to-Farm Law.
(d) 
The applicant shall specify dimensional requirements for a proposed conservation subdivision by identifying setbacks and other lot dimensions to be incorporated into the final plat.
(5) 
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.
(6) 
Conservation subdivision of a portion of larger tract. The Planning Board may entertain an application for a subdivision of a portion of a parcel if a conservation analysis is provided for the entire parcel, and the approval to develop a portion of the parcel is not a basis for the applicant or successor in interest to subsequently request an exception under Subsection C(2)(f) for the remainder of the parcel.
(7) 
Conservation subdivision design guidelines.
(a) 
Conservation subdivisions shall be arranged in a manner that protects land of conservation value.
(b) 
Preserved open space shall not be included as a portion of a building lot and shall be contained in one or more separate open space lots. Preserved open space shall be arranged contiguously to the greatest extent practicable. Unpaved areas contained within cul-de-sac turnarounds shall not be counted within open space configurations.
(c) 
Except as specified herein, conservation subdivisions and development thereof shall be subject to all requirements applicable to subdivisions.
(d) 
The Town's Farmland and Open Space Conservation Plan, and specifically the Lands of Conservation Interest Map, shows the location of ridgelines in the Town. As part of preliminary subdivision review, applicants shall provide written documentation of compliance with these guidelines, or any necessary variations therefrom.
D. 
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 determined in the course of the conservation analysis described in Subsection C(2) above.
(2) 
Permanent preservation by conservation easement.
(a) 
A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, and/or to a qualified not-for-profit conservation organization acceptable to the Town Board. Such conservation easement shall be approved by the Planning Board and is required for final plat approval. 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. The Planning Board shall confirm that the deed includes language regarding the conservation easement prior to final approval. 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. Driveways, wells, underground sewage disposal facilities, local utility distribution lines, stormwater management facilities, trails and agricultural structures shall be permitted on preserved open space land with Planning Board approval, provided that they do not impair the conservation value of the land. 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.
(c) 
A land management plan, approved by the Planning Board, shall be included in the conservation easement. The land management plan shall contain the following information:
[1] 
A baseline property condition report fully describing conditions of the property to be protected under the easement.
[2] 
Primary contact information for all parties responsible for holding, monitoring and enforcing the easement.
[3] 
A monitoring schedule and associated requirements.
[4] 
A recordkeeping procedure.
[5] 
Enforcement policy.
[a] 
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.
[b] 
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.
[6] 
An amendment procedure.
[7] 
For easements not held by the Town, a policy regarding dissolution of the easement-holding party.
(d) 
The Town's Code Enforcement Officer shall have authority to enforce any conservation easement in the Town regardless of whether said conservation easement has been granted to the Town. Enforcement of conservation easements by the Town's Code Enforcement Officer shall be pursuant to the provisions of Town Code § 220-99D.
(3) 
Notations of final plat. Preserved open space land shall be clearly delineated and labeled on the subdivision final plat as to its use, ownership, management, method of preservation and the rights, if any, of the owners of lots in the subdivision and the public to the open space land. The final plat shall clearly show that the open space land is permanently preserved for conservation purposes by a conservation easement required by the section and shall include deed recording information in the County Clerk's office for the conservation easement.
(a) 
Ownership of open space land. Open space land may be owned:
[1] 
In common by a homeowners' association (HOA); or
[2] 
Offered for dedication to Town, county or state government; or
[3] 
Transferred to a not-for-profit conservation organization acceptable to the Planning Board; or
[4] 
Held in private ownership; or
[5] 
Held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect its conservation value.
(b) 
If the land is owned in common by a HOA, such HOA shall be established in accordance with the following:
[1] 
The HOA application must be submitted to the New York State Attorney General's office before the approved subdivision final plat is signed and must comply with all applicable provisions of the General Business Law. The HOA must be approved by the New York State Attorney General's office prior to issuance of the first certificate of occupancy from the Code Enforcement Officer.
[2] 
Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of common open space, private roads and other common facilities.
[3] 
The HOA must be responsible for liability insurance, property taxes and the maintenance of recreational and other facilities and private roads.
[4] 
Property owners must pay their pro rata share of the costs in Subsection D(3)(b)[2] above, and the assessment levied by the HOA must be able to become a lien on the property.
[5] 
The HOA must be able to adjust the assessment to meet changed needs.
[6] 
The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[7] 
Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.
[8] 
The Town's Attorney shall find that the HOA documents presented satisfy the conditions in Subsection D(3)(b)[1] through [7] above and such other conditions as the Planning Board shall deem necessary.
E. 
Conservation subdivision procedures. In addition to all other requirements applicable to conventional two-stage subdivision review, the following shall apply to conservation subdivisions:
(1) 
Sketch plan. Applicants are encouraged to request a sketch plan discussion with the Planning Board prior to submission of a preliminary application.
(a) 
In addition to requirements specified in Town Code § 174-9, a sketch plan for conservation subdivision shall show the approximate area of the project considered to be constrained lands (wetlands, floodplains, steep slopes, etc.) and the area to be classified as developable lands.
(2) 
Preliminary subdivision review. In addition to information required pursuant to Town Code § 174-13, the preliminary subdivision application for a conservation subdivision shall contain the following:
(a) 
A density calculation, as described in Subsection C(2) above.
(b) 
A conservation analysis as described in Subsection C(3) above, including a proposed conservation analysis map.
(c) 
A schematic ("bubble") diagram showing which areas on the parcel would be developed and where land would be protected as permanent open space by a conservation easement.
(3) 
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) 
All the materials required for approval as provided herein, unless waived by the Planning Board.
(b) 
Proposed conservation easement(s) for the protection of permanent open space land.
(c) 
A final land management plan for the permanent open space areas, to be incorporated into the conservation easement and made enforceable by the Town.
(d) 
Other submission requirements as specified by the Planning Board.