Canandaigua Town City Zoning Code
ARTICLE VII
Site Plan Regulations
§ 220-63 Intent.
The intent of site plan review is to provide standards and authority for Planning Board review of proposed new uses and development in order to:
A.
Ensure the proper arrangement and development of uses and site improvements to minimize negative impacts to the natural environment, neighboring properties and the community.
B.
Ensure new uses and developments are established in accordance with the objectives of Town's adopted plans and the stated intent of the respective zoning district.
C.
Require mitigation of impacts not already addressed through enforcement of:
D.
Ensure compliance with the Town of Canandaigua Site Design and Development Criteria[2] and Town Code § 174, Articles III and IV, which are incorporated herein by reference.
[2]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
§ 220-64 Authority; approval required.
[Amended 6-20-2016 by L.L. No. 4-2016]
B.
The following actions are exempt from the requirement for site plan review pursuant to this article, unless site plan is otherwise required as a condition of a separate Town approval:
(1)
Except in the Residential Lake District, expansion of a single-family dwelling, with or without an accessory apartment and/or accessory building/structure(s) for same. This includes placement of manufactured dwelling units in an approved manufactured home park.
(2)
Single-family dwelling units that have received final approval as part of a final subdivision plat approval by the Planning Board in accordance with the provisions of Chapter 174 of the Town Code, unless such individual site plan approval was required by the Planning Board at the time of final subdivision plat approval.
(3)
Agricultural uses and agricultural structures.
C.
Except as exempted in § 220-64B, site plan review is required for:
(1)
Uses allowed by a use variance.
(2)
Development which exceeds 1,000 square feet in each of the following districts: MR, NC, CC, RB-1, LI, I, MH, PUD, CDO, and AUO.
(3)
New development for all specially permitted uses in all districts.
(4)
Development in the Residential Lake District which exceeds 1,000 square feet or such thresholds as would require a permit to be issued pursuant to Chapter 165, Soil Erosion and Sedimentation Control.
(5)
Development of a new single-family dwelling, with or without an accessory apartment, on an undeveloped or vacant parcel.
§ 220-65 General procedural requirements.
A.
Site plans shall be prepared by a New York State licensed professional engineer and/or surveyor.
B.
All applications for site plan approval shall be signed by the owner or owners of the property verifying that the application is made with their consent.
C.
Preapplication conferences. Preapplication conferences with the Development Office are encouraged in order to:
D.
Sketch plans. The applicant may request or the Planning Board may require submission of a sketch plan in compliance with Town Code § 220-66, Sketch plan requirements. The Planning Board's purpose in reviewing sketch plans shall be solely to provide an opportunity for informal discussions concerning a proposed development with Planning Board members at a regular meeting.
E.
Site plans to be developed in distinct phases or sections shall be subject to two stages of review. Preliminary review will consider potential impacts from the entire development. Final site plan review will address one or more individual phases or sections identified as part of the approved preliminary site plan.
F.
All other site plans shall be subject to a one stage review.
G.
Where a site plan covers only a part of the applicant's entire holdings, the Planning Board may require a separate sketch plan in compliance with Town Code § 220-66, Sketch plan requirements, for the remainder of the land, including an estimated time schedule for development.
H.
The Planning Board shall refer applications for site plan approval to the Ontario County Planning Board as required by § 239-m of the General Municipal Law.
I.
SEQR. All applications for approval require appropriate environmental review in accordance with the State Environmental Quality Review Act[1] and regulations.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
J.
Complete applications. Site plan applications shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of a site plan shall begin upon filing of such negative declaration or such notice of completion.
K.
Surety. The Planning Board may require that appropriate surety be posted to assure that specified elements of a development are constructed as designed and/or to assure that the conditions of approval are satisfied in conformance with the requirements in Town Code § 174-32, Sureties, and New York State Town Law.
L.
Waivers. The Planning Board is hereby empowered to waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of site plans submitted for its approval identified in the Site Design and Development Criteria. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the site plan.
[Amended 9-12-2022 by L.L. No. 8-2022]
(1)
If an applicant wishes to request a waiver, said request shall be submitted in writing as part of the application. The application shall state fully the grounds of said request.
(2)
The Planning Board shall make findings supporting their decision regarding a waiver.
(3)
Waivers shall be made by resolution of the Planning Board. A statement showing the date that such waiver was granted shall be affixed to the final plat.
(4)
When granting waivers, the Planning Board may also impose additional conditions as needed to achieve the objectives of the waived requirement(s).
M.
Advanced site preparation. After a Planning Board vote to approve a final site plan and before receipt of the Planning Board Chair signature on the approved plan, the Planning Board may grant approval for site preparation upon formal request by the applicant. Said application shall describe the site preparation to be completed and be supported by good and sufficient reasons for starting in advance of final approval. Surety required by the Planning Board for the performance of the described site preparation shall be accepted by the Town Board and filed with the Town before issuance of permits.
N.
Reservation of parkland. In conjunction with its review of a site plan containing residential dwelling units, the Planning Board shall make findings and a determination that a proper case exists for requiring set-aside of parkland or payment of a fee in lieu thereof, in compliance with New York State Town Law. See also Article II of Town Code Chapter 111, Fees, Administrative.
§ 220-66 Sketch plan requirements.
A.
The sketch plan shall be clearly designated as such and shall identify all existing and proposed:
(1)
Zoning classification and required setbacks.
(2)
Lot lines.
(3)
Land features, including environmentally sensitive features identified on the Natural Resources Inventory.
(4)
Land use(s).
(5)
Utilities.
(6)
Development, including buildings, pavement and other improvements, including setbacks.
(7)
Location and nature of all existing easements, deed restrictions and other encumbrances.
B.
Sketch plans shall be drawn to scale.
C.
It is the responsibility of the applicant to provide a sketch plan that depicts a reasoned and viable proposal for development of the lot.
D.
Planning Board members may suggest modifications to, but shall not approve or disapprove, the sketch plan. Comments made by individual Board members during sketch plan review shall not be interpreted as constituting approval or disapproval by the Board, nor shall they be interpreted to limit the scope of any subsequent review or approval of a derivative plan.
§ 220-67 One- and two-stage review.
A.
Applications for site plans to be reviewed in one stage where no preliminary site plan review is required:
B.
Site plans to be developed in distinct phases or sections shall be subject to two stages of review.
(1)
The applicant shall first receive preliminary site plan for the overall development as described in Town Code § 220-69.
(2)
Preliminary site plans must delineate proposed phases or sections.
(3)
Final site plan approval from the Planning Board shall be obtained for the phases or sections delineated as part of the approved preliminary site plan before issuance of any permits for development.
(4)
The Planning Board decision regarding proposed preliminary and final site plans shall be made within 62 days of receipt of a complete application. This time period may be extended by mutual consent of the applicant and the Planning Board.
§ 220-68 Preliminary and final site plan procedural requirements.
A.
Preliminary site plan.
(1)
Preliminary site plans shall be clearly identified as being preliminary.
(2)
Approvals of preliminary site plans shall include a description of what is being approved.
(3)
Within five business days of the adoption of the resolution granting approval or disapproval of a preliminary site plan, it shall be certified by the Secretary of the Planning Board as having been granted or denied preliminary approval, and a copy of such resolution shall be filed in the office of the Town Clerk. A copy of the resolution approving or disapproving the site plan shall be included in the Planning Board's minutes and a copy mailed to the applicant.
(4)
Conditional preliminary approval. After receiving conditional approval from the Planning Board on a preliminary site plan, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval.
(5)
If more than six months has elapsed between the time of the Planning Board's decision on the preliminary site plan and submission of the final site plan, and if the Planning Board finds that field conditions and/or applicable regulations have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
B.
Final site plan.
(1)
The Planning Board shall, by resolution, approve, approve with conditions, or disapprove a final site plan. Resolutions for conditional final site plan approval shall include such requirements which, when completed, will authorize signing of said site plan by such persons as specified therein.
(2)
Within five business days of the Planning Board resolution approving, conditionally approving or disapproving a final site plan; said resolution shall be certified by the Secretary of the Planning Board, a copy of the certified resolution shall be filed with the Town Clerk, and another copy mailed to the applicant.
(3)
Approval of a final site plan by a resolution of the Planning Board shall expire within 180 days after the date of the resolution granting approval if said final site plan has not been submitted in final form for signature. The Planning Board may extend the time in which an approved plan in final form must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, but for no longer than two additional periods of 90 days each.
(4)
Upon completion of such conditions as may be stated in the resolution granting approval, and after signatures of all other persons specified in said resolution, the Chairperson of the Planning Board shall sign the site plan. Signature of the Planning Board Chairperson shall constitute final approval.
(5)
A site plan submitted for signature shall be a clear, legible print on linen or other suitable material that will not deteriorate.
§ 220-69 Preliminary site plan checklist.
A.
A preliminary application shall include an affidavit that the applicant is the owner or equitable owner of the land proposed to be developed or their legal representative.
B.
Information shown on the preliminary site plan shall be organized to clearly depict existing and proposed conditions and assist the Planning Board's understanding of potential impacts as well as proposed mitigation.
[Amended 2-13-2012 by L.L. No. 1-2012]
(1)
Preliminary site plans shall be on sheets no smaller than 8 1/2 inches by 11 inches and not larger than 24 inches by 36 inches. Where necessary, preliminary site plans may be drawn in two or more sections accompanied by a key diagram showing relative location of the sections.
C.
The preliminary site plan shall be clearly marked as preliminary and show all of the following information:
(1)
General content.
(a)
All dimensions shall be shown in feet and in hundredths of a foot.
(b)
Proposed development name or identifying title (Preliminary Site Plan of Property Owner).
(c)
Name of the owner of the property.
(d)
Names of owners of all abutting land.
(e)
Name and seal of the New York State licensed professional engineer or surveyor responsible for the plan.
(f)
Date, North point and scale. The site plan shall be at a scale of no more than 100 feet to the inch.
(g)
A legible location map.
(h)
A map revision box.
(i)
A map legend/key.
(j)
A signature block for the Planning Board Chairperson and others as may be required.
(k)
An area for general map notes.
(l)
A completed agricultural data statement form identifying whether the site lies within an area which is further regulated under § 283-a of Town Law, as amended.
(n)
Current zoning of the land, including district boundaries and all setback dimensions for said zoning district(s).
(2)
Existing conditions.
(a)
All existing property lines, with bearings and distances, including the subject (parent) parcel Tax Map numbers.
(b)
Area of the subject lot(s).
(c)
Required building setback lines on each lot.
(d)
Sufficient data to determine readily the location, bearing and length of every existing street, easement, lot and boundary line and to reproduce such lines on the ground, including:
(e)
The boundaries and nature of all existing easements, deed restrictions and other encumbrances.
(f)
Existing contours at vertical intervals of 20 feet, including the source of the information. In the case of steep or unusual tracts, the Planning Board may require contours at such lesser intervals as it finds necessary for study and Planning of the tract.
(g)
Existing vegetative land cover.
(h)
Delineation of natural features described in the Natural Resources Inventory, including:
[1]
Existing watercourses.
[2]
Tree masses and other significant land cover.
[3]
Land exceeding a slope of 10%.
[4]
New York State Department of Environmental Conservation or federally regulated wetland.
[5]
FEMA special flood hazard zone boundaries and designations, including the flood hazard zone, Community Map Panel number and the effective date of the flood insurance mapping as shown.
[6]
Other natural features identified in the Natural Resources Inventory.
(i)
All existing significant man-made features, including but not limited to:
[1]
Buildings with property line setbacks.
[2]
Width, location, and sight distances for all private driveways.
[3]
Limits of pavement and parking areas.
[4]
Existing streets on or adjacent to the subject lot, including names, right-of-way widths and pavement widths.
[5]
Sanitary and storm sewers.
[6]
Wastewater treatment systems.
[7]
Public and private wells, water mains and fire hydrants.
[8]
Drainage features, including stormwater ponds, swales, culverts, and known underground drain tiles.
[9]
Location of all other existing utility lines and related facilities, including, gas, electric and telephone.
(j)
Agricultural infrastructure including surface and subsurface drainage systems, and access lanes for farm equipment.
(3)
Proposed conditions: development.
(a)
Delineation of all proposed sections or phases if any.
(b)
Delineation of limits of any land to be disturbed in any manner including areas to be cleared of vegetation, cut, filled, excavated, or graded. The delineation shall include dimensions and other references needed to allow efficient field verification.
(c)
Existing and proposed contours, at vertical intervals of no more than five feet.
(d)
The boundaries and nature of all proposed easements, deed restrictions and other encumbrances.
(e)
The proposed building setback from each property line and other buildings on the same lot.
(f)
Location and dimension of all areas to be protected as open space.
(g)
Location and dimensions of all public buildings, public areas and other parcels of land proposed to be dedicated to or reserved for public use.
(h)
Proposed location, boundaries and uses of all buildings.
(i)
Location and description of all swales, ponds, basins, fences, dikes or other devices required to control soil erosion and sedimentation or otherwise comply with the provisions of the Town Soil Erosion and Sedimentation Control Law. (See Chapter 165 of the Town Code.)
(j)
Limits of pavement and parking areas.
(k)
Location and width of all proposed streets, alleys, rights-of-way and easements. The Planning Board shall have the right to name new developments and streets in accordance with historic characteristics of the community and the Ontario County 911 addressing policy.
(l)
Typical cross-sections, street profiles and drainage details for all streets. Such profiles shall at least show the following: existing grade along the proposed street center line; existing grade along each side of the proposed street right-of-way; proposed finished center line grade or proposed finished grade at top of curbs; sanitary sewer mains and manholes; and storm sewer mains, inlets, manholes and culverts.
(m)
Location and widths of all proposed driveway intersections with streets and sight distances therefrom. Suitable means of access in accordance with Town Code and Town of Canandaigua Site Design and Development Criteria.[2]
[2]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
(n)
Location and size of all proposed water mains, laterals, hydrants, meters, and valves.
(o)
Location of any public or private wells.
(p)
Location, size and invert elevations of all proposed sanitary and storm sewers and location of all manholes inlets and culverts.
(q)
Location, size and design of proposed on site wastewater treatment systems.
(r)
Location of all other proposed utility lines and related facilities, including, gas, electric and telephone.
(s)
Proposed vegetative land cover and landscaping.
(t)
Outdoor lighting.
(u)
Location and design of all signs.
(v)
A description of all approvals required from outside agencies.
(w)
Schedule for development, including a detailed sequence of construction and estimated dates for start and completion.
(x)
The Planning Board may require an applicant to submit additional information as may be needed to assess the potential impacts from the proposed development.
§ 220-70 Final site plan checklist.
A.
Site plan size and legibility.
(1)
Final site plans shall be on sheets no smaller than 8 1/2 inches by 11 inches and not larger than 24 inches by 36 inches. Where necessary, final site plans may be drawn in two or more sections accompanied by a key diagram showing relative location of the sections.
B.
The final site plan shall be clearly marked as final and shall show thereon or be accompanied by:
(1)
All information provided on the approved preliminary site plan as well as any improvements, modifications and additional information required as part of the preliminary approval.
(2)
The names of developments and proposed streets which have first been approved by the Planning Board and Ontario County 911 Center.
(3)
Detailed sizing and final material specification of all required improvements.
(4)
Permanent reference monuments as required by any proper authority.
(5)
A detailed plan identifying all lands, easements, and rights-of-way which shall be commonly owned with the identification of the association responsible for said ownership and method of managing the commonly owned properties.
(6)
Copies of other proposed easements, deed restrictions and other encumbrances.
(7)
Protective covenants, if any, in a form acceptable for recording.
(8)
Cost estimates for improvements where surety may be required by the Planning Board, including, but not limited to: landscaping and stormwater and erosion control measures. Sureties shall comply with Town Code § 174-32, Sureties.
(9)
The owner shall tender offers of cession, in a form certified as satisfactory by the Town Board Attorney, of all land included in streets, highways or parks not specifically reserved by the property owner. Although such tender may be irrevocable, approval of the site plan by the Planning Board shall not constitute an acceptance by the Town of the dedication or gift of any street, highway or park or other open public areas. A dedication or gift of any such improvements may only be accepted by resolution of the Town Board.
§ 220-71 Planning Board findings.
Planning Board determinations regarding site plans shall be accompanied by findings regarding whether or not:
A.
Review of the proposal was completed in compliance with applicable procedural requirements.
B.
The proposal clearly and accurately describes the proposed lots as well as proposed development of same.
C.
Proposed development and uses are in compliance with the Site Design and Development Criteria,[1] Town Code requirements and the intent of this chapter.
[1]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
D.
Subsequent use and development of the lot(s) will not be unduly limited by easements, deed restrictions or other encumbrances.
E.
Proposed development provides for:
(1)
Safe and efficient vehicular and pedestrian access.
(2)
Sufficient space for on-site parking, loading and unloading and similar activities.
(3)
Adequate emergency access.
(4)
Proper drainage in compliance with Chapter 165 of the Town Code and current New York State Department of Environmental Conservation requirements.
(5)
Safe and sufficient water supply.
(6)
Proper sewage disposal.
(7)
Proper access to other available utilities such as gas, electric and telephone.
F.
Resulting development will not have an undue negative impact on the safety and efficiency of the existing road network.
G.
Resulting development will not have an undue negative impact on neighboring properties, including farmland and agricultural operations.
[Amended 3-16-2020 by L.L. No. 1-2020]
H.
Proposed development is designed and arranged to minimize modification of existing landforms, including rock outcroppings, hilltop lookouts and natural contours.
I.
Proposed development is designed and arranged to avoid impacts to natural features identified in the Natural Resources Inventory (NRI). Planning Board findings shall address the specific questions contained in the NRI.
J.
Proposed development avoids negatively impacting historically significant features.
K.
Proposed development avoids encroaching on areas subject to periodic flooding. Where avoidance of such areas proves impractical, such measures as required in Chapter 115 of the Town of Canandaigua Town Code, Flood Damage Prevention, will be taken to minimize potential for flood damage to proposed improvements and adjoining properties.
L.
Outdoor lighting is dark-sky compliant in accordance with the provisions contained in § 220-77 of the Town Code.
M.
The site plan design allows the continuation of agricultural practices on the balance of the site and/or surrounding parcels, and considers the effects such design shall have on minimizing the impedance of such practices.
N.
The site plan design follows the Town's adopted Shoreline and Ridgeline Development Guidelines.[2]
[2]
Editor's Note: The Shoreline and Ridgeline Development Guidelines are included in the Site Design and Development Criteria, which are available in the Town offices or through the Town's online version of the Code (eCode360®).
§ 220-72 Additional procedural requirements.
[Amended 2-13-2012 by L.L. No. 1-2012]
Renewal of site plan approval.
A.
(Reserved)
B.
Renewal.
(1)
One year after the date of the Planning Board Chair signature on an approved final site plan, said plan shall expire if all permits required to begin construction have not been obtained. Upon request of the applicant, the Planning Board may grant individual extensions of one year each if, in its opinion, such extension is warranted.
(2)
The Planning Board shall grant the request for said extension unless they have made findings that field conditions on or around the subject property and/or applicable regulations in existence at the time of the Planning Board vote to approve have changed significantly and to such extent that reconsideration of the site plan is warranted.
(3)
Upon approval of the extension request the Planning Board Chair shall sign and date a copy of the final site plan.
(4)
If an extension is not requested or the Planning Board votes to deny the applicant's request for an extension, the site plan approval shall be deemed to have expired.