§ 220-75. Access control.

A. 

Application. In order to encourage the sound development of street frontage, the following additional access control design requirements shall apply to all nonresidential buildings and uses:

(1) 

The location and design of driveways and other site layout, parking and access management conditions shall conform to all state and local requirements, including and not limited to those established in this section.

(2) 

All site development proposing access along U.S. Route 5 and State Routes 364, 332, 20 and 21 shall have access control solutions consistent with: the Town of Canandaigua Route 332 Corridor Plan, Phases I and II; the adopted Site Design and Development Criteria; Chapter 174 of the Town Code, Subdivision of Land; and the applicable provisions of this chapter of the Town Code. All driveway locations along these state highways shall be subject to a highway work permit issued by the resident engineer of the New York State Department of Transportation.

B. 

General requirements.

(1) 

The site layout, location and design of driveways, parking, and other access management elements should be based on full development of a lot.

(2) 

Each separate use, grouping of attached buildings or groupings of permitted uses shall be entitled to one point of access. Additional accessways may be approved by the Town Planning Board based on the need for such additional access which is supported by a traffic analysis prepared and submitted by the applicant, and if:

(a) 

The additional driveway(s) does not degrade traffic operations and safety on the public street system; and

(b) 

The additional driveway(s) will improve the safe and efficient movement of traffic between the lot and the abutting public street.

(3) 

Driveways to lots with frontage on two or more streets shall be provided to the street with the lowest functional classification serving the proposed development.

(4) 

The use of common access points by two or more permitted uses may be required by the Town Planning Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic-generating uses upon a parallel access street and not directly upon a primary road. Driveways may be required to be located so as to provide shared driveways and/or cross-access driveways with an abutting lot or lots.

(a) 

Shared driveways and/or cross-access driveways shall be of sufficient width (minimum 20 feet) to accommodate two-way travel for automobiles and emergency service and loading vehicles. Wider driveways may be required to serve traffic to major developments or large vehicles.

(b) 

Shared driveways, cross-access driveways, interconnected parking, and private streets constructed to provide access to lots internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities should be recorded with the deed.

C. 

Driveway location.

(1) 

Driveway location will be based upon a final site plan, when required elsewhere in this chapter, which has been approved by the Town Planning Board in consultation with the appropriate representative of the New York State Department of Transportation, the Ontario County Department of Public Works, or the Town Highway and Water Superintendent. Where final site plan approval is not required, evidence of the appropriate work permit or driveway permit shall be provided prior to the issuance of any building permit by the Code Enforcement Officer.

(2) 

For the purpose of driveway locations, median openings shall be treated as intersections and driveways to lots opposing a median opening shall be located so as to exceed the minimum corner clearance standards. This requirement shall be waived where the median opening is specifically constructed or reconstructed to provide vehicular access to such properties.

(3) 

Driveways shall be located so as to meet or exceed the minimum driveway spacing standards and the minimum corner clearance standards.

(4) 

The Town Planning Board may allow the location of driveways at less than the minimum driveway spacing standards and corner clearance standards, if:

(a) 

A dual-driveway system, cross-access driveway system or shared driveway is proposed and this improves the safe and efficient movement of traffic between the lot and the street; or

(b) 

A driveway or driveways could be located so as to meet the minimum driveway spacing standards and corner clearance standards, but the characteristics of the lot or the physical or operational characteristics of the street are such that a change of location will improve the safe and efficient movement of traffic between the lot and the street; or

(c) 

Conformance with the driveway spacing standards or corner clearance standards imposes undue hardship on the lot owner.

(5) 

For properties unable to meet the minimum driveway spacing standards or corner clearance standards, a temporary driveway may be granted. The granting of a temporary driveway will be conditioned on obtaining a shared driveway, cross-access driveway or unified parking and circulation with an abutting lot, and closure of the temporary driveway, in the future.

(6) 

For properties unable to meet the minimum corner clearance requirements, driveways shall be located as far as practicable from the intersection. In such cases, driveway movements may be restricted and only one driveway will be permitted along the street frontage not meeting the minimum corner clearance requirement.

D. 

Driveway design.

(1) 

Driveways shall be designed so as to provide for the safe and efficient movement of traffic between the public street and the lot, and to eliminate the potential for the queuing of vehicles along the public street due to congestion in or at the driveway.

(2) 

Vehicle circulation systems on the lot shall be designed so as to provide for the safe and efficient movement of traffic between the driveway and the parking area.

(3) 

Driveway width, radii, flare, throat length, internal circulation systems, and other design elements for driveways to developments generating more than 150 peak-hour trips shall be based upon traffic, engineering and design data provided by a traffic engineer/consultant who is recognized and accepted by the Town Planning Board. In the event that a traffic engineer/consultant is not provided, the Town shall have the right to retain such traffic engineer/consultant at the cost of the applicant.

(4) 

No driveway to an off-street parking area shall be located within 10 feet of any side lot line for a parcel defined in § 220-9V(3) of this chapter. In addition, no driveway to an off-street parking area shall be located within 20 feet of any side lot line for a parcel defined in § 220-9V(4) of this chapter unless the designated highway official shall find that an alternative location will be in the best interests of public safety and highway efficiency.

(5) 

Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 nor more than 30 feet in width.

E. 

Driveway movements.

(1) 

Driveway movements (cross, left turn in, left turn out, right turn in, and right turn out) may be restricted so as to provide for the safe and efficient movement of traffic between the street and the lot.

(2) 

Driveways shall be designed and constructed to provide only the allowable movements.

F. 

Changes in access.

(1) 

The Town Planning Board may establish provisions for and require future alteration of the lot layout, the location and design of driveways, parking, and other access features based on phased development, additional development or a change in use of a lot, or development of or a change in use at an abutting lot.

(2) 

Upon completion of a side, access or service street abutting a lot with a driveway connection to a public street, the Town Planning Board may require a driveway or driveways to the side, access or service street and closure of the driveway connection to the public street.

(3) 

For any change of use of a lot which requires a Town permit or approval and increases peak-hour trips, the Town Planning Board may:

(a) 

Require the closure or relocation or consolidation of driveways so as to meet the minimum driveway spacing standard for the new level of peak-hour trips;

(b) 

Require shared driveways and cross-access driveways with abutting lots; or

(c) 

Require alteration of the lot layout and parking which allow for the circulation of traffic between abutting properties.

G. 

Medians.

(1) 

The type, location and length of medians on state streets will be determined by the New York State Department of Transportation. This determination will be made in consultation with the Town Planning Board and will be based on existing and projected traffic conditions; the type, size, and extent of development and traffic generated by development; traffic control needs; and other factors.

(2) 

The minimum spacing between median openings will be 1,320 feet for median openings which allow only restricted traffic movements and 2,640 feet for median openings which allow all traffic movements.

(3) 

The minimum spacing between median openings may be waived with the mutual agreement of the Town Planning Board and the New York State Department of Transportation.

(4) 

Median openings intended to serve a driveway or driveways to a development or developments must meet or exceed the minimum spacing standards between median openings and must also be justified by a traffic impact analysis approved by the New York State Department of Transportation in consultation with the Town Planning Board when driveways are proposed to connect to state streets, or the Town Planning Board when driveways are proposed to connect to local streets. The cost for preparation of the traffic impact analysis and construction of the median opening or openings, including installation and operation of signals and other improvements, where warranted, shall be borne by the applicant.

H. 

Traffic impacts from large developments.

(1) 

For purposes of this chapter, "large developments" shall include residential or mixed-use developments whose combined trip generation from all lots exceeds 150 peak-hour trips, and commercial, retail, and industrial developments whose trip generation exceeds 300 peak-hour trips, and any other use which will, in the opinion of a qualified traffic engineer, detrimentally impact the safe and efficient movement of traffic along public roads.

(2) 

Large developments may be required to mitigate the traffic impacts of their development. Required mitigation may include but is not limited to the construction of signals, turning lanes, medians, combined and shared driveways, and internal service or access streets, and implementation of transit improvements and/or traffic demand management strategies.

(3) 

Required mitigation will be identified through a SEQRA review or transportation impact study.

I. 

Incentives.

(1) 

In order to ensure the safe and efficient movement of traffic along a street and between the street and properties abutting the street, shared driveways, cross-access driveways, access and service streets, internal circulation systems, and interconnected parking are encouraged.

(2) 

The Town Planning Board may grant to a lot owner adjustments to the permissible density, area, height, or open space otherwise required in the zoning district when such lot owner elects to provide and maintain shared driveways, cross-access driveways, access and service streets, internal circulation systems, or interconnected parking.

(3) 

The Town Planning Board reserves the authority to determine the adequacy of the access management amenities to be accepted and the particular bonus or incentive to be provided to a lot owner.

J. 

Variance guidelines.

(1) 

The granting of a variance should be in harmony with the purpose and intent of this chapter and should not be considered until every reasonable option for meeting the provisions of this chapter is explored.

(2) 

Applicants for a variance should demonstrate unique or special conditions that make strict application of the provisions of this chapter impractical. This should include a showing that:

(a) 

Indirect or restricted access cannot be obtained;

(b) 

No engineering or construction solutions can be applied to mitigate the condition; and

(c) 

No alternative access is available from a road with a lower functional classification than the primary road.

(3) 

Under no circumstances should a variance be granted unless not granting the variance would deny all reasonable access, endanger public health, welfare or safety, or cause an exceptional and undue hardship on the applicant.