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.
[Amended 2-13-2012 by L.L. No. 1-2012; 9-12-2022 by L.L. No. 8-2022]
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.
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.
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.
(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.
[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.
(3) Conservation subdivisions must comply with all other provisions of Chapter
174, Subdivision of Land, except when specifically noted in this section.
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
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(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.
(4) Conservation subdivision of a portion of larger tract.
(a)
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.
(b)
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(3) for the remainder of the parcel.
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).
[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:
(a)
The visibility of the site from public vantage points.
(b)
Historic sites within or adjoining the site.
(c)
How the built environment and natural features will be integrated
through the design of the conservation subdivision.
(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
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(b)
The preserved land must include:
[1]
All of the Class 1: constrained/unbuildable land;
[2]
At least 80% of all land that contains Class 2: priority conservation
assets; and
[3]
At least 40% of the land that contains Class 3: other conservation
assets.
(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.
(e)
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.
(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:
[1]
Avoid fragmentation wildlife habitat.
[2]
Maintain access to farm fields.
[3]
Maintain connectivity between natural areas for wildlife.
[5]
Avoid deleterious views of or from historic resources.
(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.
(d)
The smaller of the calculation in Subsection
H(3)(b) and
(c) is the "base density."
(e)
Add the number of lots permitted based on the bonus calculation in Subsection
E(5) above to determine the maximum number of residential units permitted on the site.
(4) Step 4: Prepare sketch plan (voluntary).
(a)
Prepare a sketch plan that depicts all:
[1]
Class 1 conservation assets: constrained or unbuildable land.
[2]
Class 2 conservation assets: priority conservation assets.
[3]
Class 3 conservation assets: other conservation assets.
[4]
Proposed conservation buffer areas as described in Subsection
G(3).
[5]
Area(s) to be developed with residential lots, including individual
lot layouts.
(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:
(b)
Calculation of the maximum number of lots.
(c)
Preliminary layout of lands to be developed and lands to be
preserved with a permanent conservation easement.
(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.