§ 174-16. Conservation subdivisions.

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.

Amended 3-16-2015 by L.L. No. 3-2015