The purpose of this article is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment compatible with the Village of Athens Comprehensive Plan. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article
III herein. The Planning Board shall review the following standards as part of the preliminary plat and ensure that all standards are met in the approved final plat. As part of this review, the Planning Board shall refer to the Village of Athens Comprehensive Plan and the architectural and design guidelines as they may be developed.
Where the Board finds that certain data and information are not required for a complete application, it may waive the regulations upon written request of the applicant, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter, Chapter
250, Zoning, or the State Environmental Quality Review Act. Where the Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. All requests for waivers from the information requirements of Article
IV or any other provision of this chapter shall be submitted in writing and shall identify each provision, section or part for which a waiver is sought and shall include a statement with reasons supporting such waiver(s).
The following minimum design standards shall be met for all major subdivisions to ensure that new development is consistent with the traditional character of the Village of Athens and in order to encourage diversity in design and subdivision layout. All density, lot size, dimension, and other requirements of Chapter
250, Zoning, shall also be met. The Planning Board shall review the following standards as part of the preliminary plat and ensure that all standards are met in the approved final plat:
A. Building placement and build-to line. Buildings shall define the streetscape through the use of setbacks along the build-to line for each block, as defined in §
205-8. A minimum of 80% of all buildings on the block shall conform to the build-to line with the remaining 20% allowed to vary by being further set back no greater than 75% of the distance from the right-of-way to the build-to line. Of the 20%, buildings shall be allowed to come forward of the build-to line by no greater than 25% of the distance between the right-of-way and the build-to line.
B. Variation of lot width and area. Lot areas and lot widths shall vary
at random to the greatest extent possible in order to eliminate the
appearance of a standard subdivision. To the extent possible, no more
than two lots in a row shall have the same width. Lots shall vary
by a minimum of five-foot increments.
C. A variety of architectural features and building materials is encouraged
to give each building or group of buildings a distinct character.
D. The scale of new construction, including the arrangement of windows,
doors and other openings within the building facade, shall be compatible
and consistent with adjacent buildings in the existing neighborhood.
E. The front facade shall face onto a public street.
F. Exterior materials and roof materials should be similar in appearance
to those found on adjacent buildings within the neighborhood.
G. Buildings shall have a variety of different roof overhang profiles.
H. In major subdivisions, building mass, design, and floor plans shall
be such to create significant visual differences between structures,
and new buildings shall be consistent with the traditional character
of Athens. Monotony and similarity can be minimized through use of
changes in facade planes, use of porches, changes in location of entryway,
varying the width of the unit, and varying roof orientation, roof
styles, building orientation, and trim detailing.
I. Front-facing garages shall be located a minimum distance of 60% of
the depth of the residence from the corner of the front facade at
the garage-side of the principal building or shall be side-loaded,
if attached.
J. There shall be no blank walls. Fenestration shall comprise a minimum
of 15% of the square footage area of each facade.
K. All utility facilities, waste receptacles, heating, ventilating and
air conditioning and other mechanical equipment shall be fully screened
whether they are at grade level or on a rooftop. Appropriate methods
include, but are not limited to, fencing, vegetation, false facades,
berms, and structural screening. It is preferred to locate these at
the side or rear of the building.
During project design, the Planning Board shall require incorporation
of low-impact development standards wherever feasible. Appropriate
engineering should include use of one or more of the following low-impact
development techniques:
A. Bioretention/rain garden.
D. Disconnectivity (rain barrel).
F. Conservation of land in natural state.
G. Minimizing imperviousness (reduced street width for example).
Where the subdivision borders an existing street and the Official
Map (as it may be adopted) or Village Comprehensive Plan (as it may
be adopted) indicates plans for realignment or widening of the street
that would require reservation of some land of the subdivision, the
Planning Board may require that such areas be shown and marked on
the plan as "Reserved for Street Alignment (or Widening) Purposes."
Ownership shall be clearly marked on the plat for all reservations.
The Planning Board is authorized to vary lot sizes and setbacks pursuant to Chapter
250, Zoning, whenever a cluster or conservation subdivision is proposed or required.
A. The purpose of this section is to permit variation in lot size and
housing type in suitable areas in order to encourage flexibility of
design, to enable land to be developed in such a manner as to promote
its most appropriate use, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and
scenic qualities of open space, in accordance with § 7-738
of the New York State Village Law.
B. This purpose is achieved by permitting lot sizes to be reduced in a subdivision tract if the overall density does not exceed that which is otherwise permitted in the applicable zoning district and the land thus gained is preserved as permanent open space. However, if the Village of Athens grants a density bonus as an incentive to encourage use of cluster and conservation subdivisions, the density may be increased pursuant to Chapter
250, Zoning, §
250-26. Density bonus units must conform to the same layout requirements as all other units within the cluster or conservation subdivision.
C. Applicability.
(1) If a subdivider makes written application to the Planning Board for
use of this procedure, the Planning Board is hereby empowered to implement
these provisions at its discretion if in the Board's judgment
its application at the particular location is desirable and would
contribute to the general well-being of the neighborhood and community
and would benefit the Village.
(2) The Planning Board is authorized to require adherence to the regulations
of this section for any subdivision applications in the RL or RM Districts,
where, in the opinion of the Planning Board during SEQRA review, the
purposes of this chapter cannot be met using conventional subdivision
methods. The following conditions may warrant requirement of a cluster
or conservation subdivision layout:
(a)
State and/or federal freshwater wetlands occupy 25% or more
of the site.
(b)
Slopes of greater than 15% occupy 25% or more of the site.
(c)
Open water occupies 25% or more of the site.
(d)
The site contains a floodplain or flood hazard area as mapped
by the Federal Emergency Management Agency's Flood Insurance
Maps.
(e)
The site contains a critical environmental area as determined
by the Village or the Department of Environmental Conservation.
(f)
The site contains an identified scenic view or scenic vistas,
especially that of the Hudson River.
(g)
The lot or parcel contains an identified critical habitat or
a known endangered species.
D. Permitted, accessory and special permit uses. Permitted, accessory
and special permit uses within a cluster/conservation subdivision
shall be the same as those otherwise allowed in the zoning district
in which the development is located.
E. Dimensional standards. Within the framework of limitations set forth
in this section of the chapter, the Planning Board shall review all
proposed modifications of lots, bulk and other requirements which
it has determined are necessary or appropriate to properly accomplish
the purposes of this chapter. Lots shall be arranged in a way that
preserves open space as conservation as described in this section.
(1) A cluster/conservation subdivision must preserve at least 50% of
the tract's unconstrained acreage as open space land and all
constrained lands. Parking areas and roads shall not be included in
the calculation of the minimum required open space. All conserved
lands shall be permanently restricted from future subdivision and
development.
(2) The builder or developer shall include variations in the principal
structure position and orientation, but shall observe, as practical,
the following minimum standards:
(a) Front yard setback of 20 feet.
(b) Rear yard setback of 20 feet.
(c) Side yard setback of 10 feet separation for principal structures.
(d) Building height of 30 feet.
(3) Maximum impervious coverage. No more than 50% of any given acre shall
be covered with impervious surface in the form of access drives, parking
areas or structures.
(4) Minimum lot size. The minimum lot size for developments requiring
individual wells and septic systems shall be equal to that required
by the Department of Health to meet standards for water and septic
system approvals. The average lot size, calculated by including only
new buildable acres, and not any preserved open spaces for developments
with central water and sewer shall be 14,000 square feet in the RL
District, and 10,000 square feet in the RM District.
F. Unit mix. The cluster or conservation subdivision design may include a mix of single-family and multiple-family dwellings as a means of achieving housing diversity and preserving open space if such multiple-family dwellings are allowed in the district. The number of multiple-family units shall be limited to not more than 1/2 of the total number of dwelling units. Multiple-family structures shall not exceed six units each (see also §
205-23). Single-wide mobile homes shall not be permitted within any residential cluster development as governed by this section.
G. Preserved open space may be included as a portion of one or more
large lots, or may be on a separate open space lot. Such open space
may be owned by a homeowners' association, private landowner(s) within
the subdivision, or a nonprofit organization, provided it is protected
from development by a conservation easement or deed restriction. When
a tract is held in multiple ownership, it shall be planned as a single
entity with common authority and common responsibility. A plan for
landscaping and other development of the common open space area shall
be reviewed and approved by the Planning Board.
H. Uses for open space. The Planning Board may approve uses for open
space within a cluster/conservation subdivision, and these uses will
be clearly indicated on the final map. The following are permitted
uses for preserved open space areas:
(1) The Planning Board may approve recreational uses such as wooded park
areas, bridle paths, hiking trails, etc. Areas for active recreation
which are to contain substantial improvements, impervious surfaces
and other alteration from their natural state shall not constitute
open space hereunder.
(2) The Planning Board may approve conservation uses such as open woodland,
wetlands, slopes, or escarpments.
(3) The Planning Board may approve cultural aspects, such as historic
places and buildings, archaeological sites, parks, and such open spaces
which will assure that each of the above cultural aspects are adequately
protected in the public interest.
(4) Where active agriculture, forestry or horticultural uses (as allowed
and defined in this chapter) are taking place or could take place,
structures shall be placed on the least productive portions of that
land in order to preserve the ability to utilize prime farmland soils
and soils of statewide importance that are best suited for agriculture
and forestry.
(5) Water supply and sewage disposal systems and stormwater detention
areas designed, landscaped, and available for uses as part of the
conservation lands.
(6) Rights-of-way, easements for drainage, access, sewer or water lines
or other public purposes.
I. A mechanism for the long-term ownership and maintenance of common
open space shall be provided, subject to the approval of the Village
Planning Board during the subdivision review process. Similar provision
shall be made for the long-term ownership and maintenance of roadways,
drainage ways, utilities and other improvements within the cluster
development.
J. Building design variation. The developer shall prevent monotonous
streetscapes by adding variations in the principal structure architecture.
K. There shall be only one principal structure per building lot.
L. The minimum area required to qualify for this procedure shall be
10 contiguous acres of land.
M. This procedure applies only to the RL and RM Districts.
N. In addition to the foregoing, a cluster development subdivision plot
may be approved only if the Planning Board determines that:
(1) Such development will not be detrimental to the health, safety or
general welfare of persons residing in the vicinity or injurious to
property or improvements within its proximity;
(2) The proposed development conforms to the objectives of the Comprehensive
Plan; and
(3) The gross density will be no greater than if the tract were developed
in accordance with the existing zoning requirements unless a density
bonus has been granted by the Village.
O. Design process for cluster/conservation subdivisions:
(1) Determine lot count pursuant to Chapter
250, Zoning.
(2) Step 1 delineation of open space lands. Proposed open space lands
shall be designated as follows:
(a)
Primary conservation areas shall be considered constrained lands
and shall be delineated comprising open water, streams, floodplains,
and wetlands, and slopes over 20% and shall be designated on a map.
Primary conservation areas shall be excluded from acreage used for
lot count calculations.
(b)
Secondary conservation areas shall be delineated and designated
on a map and shall be considered as open space lands. Secondary conservation
areas include special features of the property that would ordinarily
be overlooked or ignored during the design process such as agricultural
lands, woodlands, significant natural areas and features, stone walls,
hedgerows, meadows, historic structures and sites, historic rural
corridors, scenic viewsheds, and trails. In delineating secondary
conservation areas, the applicant shall prioritize natural and cultural
resources on the tract in terms of their highest to least suitability
for inclusion in the proposed open space, in consultation with the
Planning Board to create a prioritized list of resources to be conserved.
On the basis of those priorities and practical considerations given
to the tract's configuration, its context in relation to resource
areas on adjoining and neighboring properties, and the applicant's
subdivision objectives. Secondary conservation areas shall be delineated
to meet at least the minimum percentage requirement of 50% for open
space lands. These features, as well as the types of resources included
within them, shall be clearly noted on the map. Calculations shall
be provided indicating the applicant's compliance with the acreage
requirements for open space areas on the tract.
(c)
The primary and secondary conservation areas, together, constitute
open space areas to be preserved, and the remaining land is the potential
development areas.
(3) Location of house sites building envelopes shall be tentatively located
within the potential development areas. House sites should generally
be located not closer than 100 feet from primary conservation areas
and 50 feet from secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas.
(4) Align streets and trails. After designating the building envelopes,
a street plan shall be designed to provide vehicular access to each
house, complying with the standards identified herein and bearing
a logical relationship to topographic conditions. Impacts of the street
plan on proposed open space lands shall be minimized, particularly
with respect to crossing environmentally sensitive areas such as wetlands
and traversing slopes exceeding 20%. Existing and future street connections
are encouraged to eliminate the number of new culs-de-sac to be developed
and maintained, and to facilitate access to and from homes in different
parts of the tract and adjoining parcels. Culs-de-sac are discouraged
in the Village.
(5) Draw lot lines. Upon completion of the preceding three steps, lot
lines are drawn as required to delineate the boundaries of individual
residential lots.
P. Site design criteria.
(1) Residential structures in a cluster or conservation subdivision should
be located: to avoid disturbance to the existing environmental, cultural
and scenic features; in proximity to other residences or building
lots on adjacent properties; on suitable soils for subsurface sewage
disposal (where applicable); in a manner that allows new structures
to be visually absorbed and consistent with the character of the neighborhood
and Village. Some of these may conflict with each other on a particular
site, in which case the Planning Board may use its discretion to resolve
such conflicts.
(2) Open space standards.
(a)
The required open space land consists of a combination of primary
conservation areas and secondary conservation areas. The proposed
subdivision design shall strictly minimize disturbance of these environmentally
sensitive areas. The applicant shall also demonstrate that such features
will be protected by the proposed subdivision plan.
(b)
Every effort shall be made to lay out open space lands in such
a manner that preserves and in such a manner that preserves ecological
systems that may be present on the site, including, but not limited
to, preserving wetlands and their associated upland habitats.
(c)
Active agricultural land with farm buildings may be used to
meet the minimum required open space land. Access to open space land
used for agriculture may be appropriately restricted for public safety
and to prevent interference with agricultural operations. Land used
for agricultural purposes shall be buffered from residential uses,
either bordering or within the tract, by a setback.
(d)
Open space land shall be contiguous to create a critical mass
of land available for agriculture or left in a natural state to the
extent possible.
(e)
Any house lot or lands on house lots over five acres in size
may be used for meeting the minimum required open space land, provided
that there is a permanent restriction enforceable by the Village that
states the future use such as undisturbed wildlife habitat, managed
field, or managed forest and prevents destruction, inappropriate use,
or development of that portion of the open space.
(f)
The required open space may be used for community septic systems.
(g)
Stormwater management ponds or basins may be included as part
of the minimum required open space, as may land within the rights-of-way
for underground utilities.
(h)
Recreation lands, such as golf courses, ball fields, parks,
pool areas, etc., shall not be considered part of the required open
space. Such recreational lands with access only to residents shall
not be counted towards the open space requirements, but shall be counted
towards any recreation land requirement as per this chapter.
(3) Other layout criteria:
(a)
New intersections with existing public roads shall be minimized.
(b)
Open space shall be directly accessible or viewable from as
many home sites as possible.
(c)
The layout shall leave scenic views and vistas (especially of
the Hudson River) unblocked or uninterrupted, particularly as seen
from public thoroughfares. A deep no-build, no-plant buffer is recommended
along the road where those views or vistas are prominent or locally
significant.
(d)
The layout shall maintain or create a buffer of natural native
species vegetation of at least 100 feet in depth adjacent to wetlands
and surface waters, including creeks, streams, wetlands, springs and
ponds.
(e)
Design around and preserve sites of historic, archeological
or cultural value insofar as needed to safeguard the character of
the feature.
(f)
Protect wildlife habitat areas of species listed as endangered,
threatened, or of special concern by the New York State Department
of Environmental Conservation.
(g)
Landscape common areas and both sides of new street with native
species of shade trees.
Q. Permanent protection of open space.
(1) All required open space shall be restricted from further subdivision
through one of the following:
(a)
A conservation easement in a form acceptable to the Village
and recorded at the County Clerk's office.
(b)
A declaration of covenants or deed restriction, in a form acceptable
to the Village and recorded in the County Clerk's office.
(2) Open space land may be held in any form of ownership that protects
its conservation values such as where the open space is owned in common
by a homeowners' association (HOA). Open space may also be dedicated
to the Village, county or state governments, transferred to a nonprofit
organization, or held in private ownership. The applicant shall provide
proof that the receiving body agrees to accept the dedication. Any
development permitted in connection with the setting aside of open
space land shall not compromise the conservation or agricultural value
of such open space land.
(a)
If the open space is to be owned by an HOA, the HOA must be
incorporated before the final subdivision plat is signed. The applicant
shall provide the Village with a description of the organization of
the proposed association, including its bylaws, and all documents
governing ownership, maintenance, and use restrictions for common
facilities.
(b)
The open space restrictions must be in perpetuity.
(c)
If land is held in common ownership by a homeowners' association,
such ownership shall be arranged in a manner that real property tax
claims may be satisfied against the open space lands by proceeding
against individual owners and the residences they own. The HOA must
be responsible for liability insurance, local taxes and the maintenance
of the conserved land areas, recreational and other commonly held
facilities. The HOA shall have the power to adjust assessments to
meet changing needs.
(d)
The Planning Board shall find that the HOA documents satisfy
the conditions above.
(e)
Membership in the HOA must be mandatory for each property owner
within the subdivision and for any successive property owners in title.
(f)
The proposed association shall be established by the owner or
applicant and shall be operating before the sale of any dwelling units
in the development.
(g)
The association shall have adequate resources to administer,
maintain, and operate such common facilities.
(3) The conservation easement, declaration of covenants or deed restriction
shall permanently restrict development of the open space and shall
specify the use of such space only for agriculture, forestry, recreation
or similar purposes. The Planning Board shall approve the form and
content of any easement, declaration, or restriction. The restriction
shall be made a condition of the final plat approval. A conservation
easement will be acceptable if the Village Attorney determines it
meets the following criteria:
(a)
The conservation organization is acceptable to the Village and
is a bona fide conservation organization as defined in Article 49
of the New York State Environmental Conservation Law.
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the conservation organization becomes
unwilling or unable to continue carrying out its functions.
(c)
A maintenance agreement acceptable to the Village is established
between the owner and the conservation organization to insure perpetual
maintenance of the open space.
(d)
The conservation easement or other legally binding instrument
shall permanently restrict the open space from future subdivision,
shall define the range of permitted activities, and, if held by a
conservation organization, shall give the Village the ability to enforce
these restrictions.
R. Maintenance standards.
(1) The owner of the open space shall be responsible for raising all
monies required for operations, maintenance, or physical improvements
to the open space.
(2) Failure to adequately maintain any improvements located on the undivided open space in reasonable condition is a violation of Chapter
250, Zoning. Upon appropriate authority or process, the Village may enter the premises for necessary maintenance/restoration, and the cost of such maintenance by the Village shall be assessed ratably against the landowner or in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on such property.
S. Sewage treatment systems. If not included in the area served by the
Village of Athens sewage system, sanitary sewage disposal systems
of either an individual or community nature may be located within
or extend into required open space areas, provided that subsurface
sewage disposal methods are employed, all required separation distances
are observed and the ownership and maintenance responsibilities associated
therewith are clearly defined in agreements submitted for approval
as part of the subdivision application. No application shall be approved
that does not provide lot buyers with both the legal authority and
the responsibility, individually or collectively, to maintain all
sewage facilities on a continuing basis. This may include the creation
of a special district under Article 14 of New York State Village Law.
T. Reasonable and necessary costs incurred by the Planning Board for
professional review of an application shall be charged to the applicant.