A.
General provisions. The Agricultural/Residential 3
Districts (R-3) are primarily for agriculture and nonfarm or exurban
residential uses. The purpose is to provide areas within the Town
for the development of very low-density residential uses appropriate
with environmentally limiting conditions while protecting the rural
character of these portions of the Town. Development which occurs
within the district should be sensitive to the rural nature of the
district and the environmental limitations of lands within the district
and should preserve open space and agricultural land to the maximum
extent possible. The Town has an approved agricultural district (which
does not directly affect zoning). A copy of the map of this district
may be reviewed in the Town Clerk's office.
B.
Permitted uses; restrictions. In Agricultural/Residential
3 Districts (R-3), no building or other structure or land shall be
used and no building or other structure shall be built, altered or
erected for any purpose other than that of:
(1)
(2)
A one-family dwelling and its accessory buildings.
(3)
Public utility structures.
(4)
Emergency ambulance facilities if and only as long
as these facilities are under contract to the Town of Clifton Park
to provide general health services to the Town.
(6)
Home occupation.
(8)
All other telecommunication towers on shared sites as in § 208-95B.
[Added 12-9-1996 by L.L. No. 11-1996]
(10)
Other uses and other buildings and structures as provided
by the following sections:
(a)
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
[1]
Cemeteries.
[2]
Accessory use of a building.
[4]
Animal/veterinary office/hospital.
[5]
Excavation and removal of stone, sand and gravel.
[6]
Day-care home.
[9]
Bed-and-breakfast facilities.
[10]
Dwelling, two-family and/or semidetached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling unit as prescribed by § 208-11.
[Amended 3-3-2018 by L.L.
No. 6-2018]
[a]
An in-law apartment/family member accessory apartment
is not to constitute an additional dwelling unit when factoring bulk
density calculations.
[11]
Church or other place of worship.
[12]
Facilities for the sale and/or consumption of
farm- and country-related edible and nonedible products at farm markets.
Such facilities shall be consistent with the customary activities
and operations normally associated with a farm.
[13]
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, or repair shop, and subject to the provisions of § 208-79E(2).
[14]
Storage of liquefied petroleum (LP) gas in excess
of 1,100 gallons.
[16]
Permanent farm labor housing. (Requires an operational, commercial
farm with a minimum of 10 acres under production.) Farm workers housed
under this section must be integral to farm operations in the determination
of the Zoning Officer. The farm employee must be employed on an operational
commercial farm, and must be integral to farm operations. Farm employees
who work on agricultural operations at least 51% of the time in the
year are presumed to be integral to farm operations under this section.
Family members of such farm workers may occupy premises constructed
under this section.
[Added 5-2-2011 by L.L. No. 11-2011]
[a]
Farm operations holding a special use permit for permanent farm
housing shall certify to the Building Department that the housing
units are occupied by farm employees or family members integral to
farm operations, upon request from the Building Department pursuant
to Subsection B(9)(a)[15].
[1]
Editor's Note: Former § 208-9, Residential
2 Districts (R-2), as amended, was repealed 5-9-2005 by L.L. No. 5-2005.
A.
General provisions. Residential 1 Districts (R-1) are primarily for suburban residence uses and to accommodate relatively dense residential development at densities appropriate with environmental restrictions and which transition between the Town's primary commercial development districts and lower-density districts both in density and allowable land uses. The Town has an approved Agricultural District (which does not directly affect zoning). A copy of the map of this district may be reviewed in the Town Clerk's office. (See also Article XII, Vischers Ferry Road Corridor).
B.
Permitted uses; restrictions. In Residential 1 Districts
(R-1), no building or other structure or land shall be used and no
building or other structure shall be built, altered or erected for
any purpose other than that of:
(1)
(2)
A one-family dwelling and its accessory buildings.
(3)
Public utility structures.
(4)
Emergency ambulance facilities if and only as long
as these facilities are under contract to the Town of Clifton Park
to provide general health services to the Town.
(5)
Residential cluster development, under the provisions of § 179-37 of the Code of the Town of Clifton Park.
(6)
Home occupation.
(8)
All other telecommunication towers on shared sites as in § 208-95B.
[Added 12-9-1996 by L.L. No. 11-1996]
(10)
Other uses and other buildings and structures
as provided by the following sections:
(a)
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
[1]
Cemeteries.
[2]
Accessory use of a building.
[4]
Excavation and removal of stone, sand and gravel.
[5]
Day-care home.
[6]
Bed-and-breakfast facilities.
[7]
Dwelling, two-family and/or semidetached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling unit as prescribed by § 208-11.
[Amended 3-3-2018 by L.L.
No. 6-2018]
[a]
An in-law apartment/family member accessory apartment
is not to constitute an additional dwelling unit when factoring bulk
density calculations.
[8]
Church or other place of worship.
[9]
Facilities for the sale and/or consumption of
farm- and country-related edible and nonedible products at farm markets.
Such facilities shall be consistent with the customary activities
and operations normally associated with a farm.
[10]
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, or repair shop, and subject to the provisions of § 208-79E(2).
[11]
Storage of LP gas in excess of
1,100 gallons.
[Amended 5-9-2005 by L.L. No. 5-2005; 3-21-2011 by L.L. No.
9-2011; 3-3-2018 by L.L. No. 6-2018; 10-18-2021 by L.L. No. 6-2021]
Space and bulk standards for residential districts shall be as follows (For CR Zone also refer to § 208-16, and for HR Zone also refer to § 208-17.):
|
Standards
|
R-3
|
R-1
|
CR
|
HR
| |
|---|---|---|---|---|---|
|
Minimum land area per dwelling unit (square
feet)
| |||||
|
With central sewer and central water
|
80,000*
|
20,000
|
10,000
|
6,000
| |
|
With central sewer only
|
90,000
|
30,000
|
20,000
|
20,000
| |
|
Without central water or sewer
|
100,000
|
40,000
|
40,000
|
40,000
| |
|
Units per acre
|
0.43 to 0.55
|
1.11 to 2.17
|
N/A
|
N/A
| |
|
Minimum width of lot at front building line
(feet)
|
150
|
100
|
80
|
60
| |
|
Front yards (feet)
|
50
|
50
|
30
|
50
| |
|
Rear yards (feet)
|
50
|
25
|
25
|
25
| |
|
Side yards, each (feet)
|
20
|
10
|
10
|
5
| |
|
Minimum floor area (square feet)
|
960
|
960
|
960
|
960
| |
|
NOTES:
| |
|---|---|
|
a.
|
(See * above). In the R-3 District only, if
cluster zoning is utilized, then the smallest permissible lot size
with central water and sanitary sewer shall be 20,000 square feet,
and the number of units per each developed parcel shall be based upon
density requirements of 40,000 square feet.
|
|
b.
|
Height. For each foot the height of a building
or other structure exceeds 35 feet, the width of each side yard shall
be increased by one foot.
|
|
c.
|
The minimum width of all lots at the front building line along those streets listed in § 208-98 shall be 200 feet in all residential districts.
|
|
d.
|
The above shall not apply to prevent construction
of a one-family dwelling on a lot existing prior to the original date
of enactment (August 8, 1967) and not adjoined at the side by other
unoccupied land in the same ownership, and having an area of not less
than 20,000 square feet and a width of not less than 100 feet at the
front building line, for the R-3 District, and not less than 10,000
square feet and a width of not less than 60 feet at the front building
line, for the R-1 District.
|
A.
No detached barn, garage or other accessory building shall be placed closer to a side or rear property line than 10 feet, closer to a front property line than 80 feet or closer to a side-street line than a distance equal to 1/2 of the width of the lot at the front building line, up to a distance which need not exceed 75 feet, except that in an R-1 District (and in cluster zones where the Planning Board has not specified otherwise), the offset from the rear and side property lines shall be five feet and shall be increased by one foot for each foot the height of such building exceeds 15 feet. (See also § 208-85, Stables and riding academies.) In relation to an attached garage or carport built as a structural part of a dwelling, with or without breezeway connection, the same side and front yards shall be required as for a dwelling, and such side yards shall be measured from the outer walls or rooflines of such garage or carport. An attached garage or carport may extend into a rear yard.
B.
Private garages on steep slopes.
Where the topography is such that the slope
of land exceeds 15% and, therefore, access to a private garage built
back of the front building line as required by this chapter is impracticable,
it shall be permissible to place such building, not exceeding 12 feet
in height, within the front yard space, but not closer to the front
street line of the street than 18 feet.
In any residential district, no person, corporation
or association shall cause, allow, permit or suffer any oversized
vehicle registered in its name or operated by it or its agent to be
parked in any manner or place upon a public street or in the street
right-of-way except if such vehicle is actively assisting in an emergency,
such as a fire or traffic accident, or the vehicle is in the active
process of being loaded or unloaded.
See Article XIV, Exceptions and Special Provisions, for other applicable requirements.
[Added 4-6-1998 by L.L. No. 2-1998]
Public utility structures shall conform to the
setbacks of the zone in which they are located, however minimum lot
size requirements do not apply.
[Added 5-9-2005 by L.L. No. 5-2005]
A.
Purpose. The district is established to provide and
maintain land area to promote and support ongoing open space and agricultural
uses and activities to sustain the rural character of this predominantly
natural, agricultural and low-intensity residential setting. The purpose
of the Conservation Residential (CR) Zoning District is to protect
and enhance the rural character, the natural and scenic qualities
of open space, and the agricultural heritage, while providing for
well-planned new development that complements the traditional settlement
pattern, and protects the health, safety, economic base and quality
of life in Western Clifton Park for all of its residents.
B.
Objectives:
(1)
New development should complement and harmonize with
the traditional, open, rural, wooded, agricultural, natural and environmental
resources, low-intensity residential and hamlet landscapes, agricultural
lands and working landscapes, and scenic views and resources as valued
by the community in Western Clifton Park.
(2)
The district includes lands and resources that the
community supports for permanent conservation and protection as agricultural
lands and open space lands identified in the public planning process
of the Clifton Park Open Space Plan, the Clifton Park Comprehensive
Plan, and the Western Clifton Park GEIS. Development projects in this
district should contribute to the network of Town-wide, permanently
protected open space areas and habitat corridors, both within large
parcels of land and among parcels throughout the Town in accordance
with the open space vision and criteria set forth in the Clifton Park
Open Space Plan, the Clifton Park Comprehensive Plan, and the Western
Clifton Park GEIS. Thus, these agricultural and open space lands would
be included as Town-wide priorities for conservation, including the
application of open space amenity zoning initiatives.
(3)
Development should be sited and laid out using conservation-based
design and low-impact design in support of creative solutions to minimize
impacts to open space lands and agricultural lands.
(4)
Development should support uses compatible with surrounding
land uses and to provide and design for adequate buffering of adjoining
properties, particularly between agricultural and residential uses.
C.
Applicability.
(1)
This Conservation Residential Zoning District applies
to all parcels shown as located within the bounds of said district
on the Town of Clifton Park Zoning Map.
(2)
No parcel as shown on the Tax Map of the Town of Clifton
Park in existence as of March 1, 2005, may be changed or reconfigured
for the purposes of avoiding the provisions of this section of the
Zoning Code.
D.
Permitted uses.
(1)
The following uses are the permitted, principal uses
within the CR District, except within the permanent open space:
(a)
Agricultural and forestry uses:
[1]
Farm operations.
[2]
Any form of agriculture or horticulture, provided
that such operations are consistent with §§ 150 and
308 of the Agriculture and Markets Law of the State of New York, including
the storage, processing and sale of farm products, except for as noted.
[3]
The keeping of livestock or poultry, such as
hogs, cows, horses, goats or chickens, with a lot of a minimum of
five acres.
[4]
Commercial greenhouses only with a minimum of
five acres.
[5]
Roadside stands or other structures for the
sale of farm products with a minimum of five acres. Such facilities
shall be consistent with the customary activities and operations normally
associated with a farm.
[6]
Forestry uses for timber harvesting; no clear
cutting.
[7]
Odors, noises, and agricultural implements or
chemicals associated with approved best-agricultural-environmental
management practices shall be permissible.
(2)
Allowable on the permanent open space. Within the
CR District, the following uses are the permitted, principal uses
allowed on any lands designated as "permanent open space." When the
principal use of preserving the open space or a part thereof is the
protection/buffering of natural resources, such as freshwater wetlands,
aquifers, steep slopes, mature forests, wildlife habitats or stream
corridors, open space uses shall be limited to those which are no
more intensive than passive recreation for that approximate portion
of open space which warrants protection/buffering.
(a)
Agricultural and forestry uses:
[1]
Any form of agriculture or horticulture, provided
that such operations are consistent with §§ 150 and
308 of the Agriculture and Markets Law of the State of New York, including
the storage, processing and sale of farm products, except for as noted.
[2]
Lands reserved for agricultural purposes, but
not in active production. Such lands may be required to be maintained
using best-agricultural / environmental management practices.
[3]
The keeping of livestock or poultry, such as
hogs, cows, horses, goats or chickens, with a lot of a minimum of
five acres.
[4]
Forestry uses for timber harvesting; no clear
cutting.
[5]
Odors, noises, and agricultural implements or
chemicals associated with approved best-agricultural-environmental
management practices shall be permissible.
(c)
Park uses:
[1]
Passive recreation area.
[2]
Active recreation area, if lands are municipally
owned and dedicated public active recreation fields (no active recreation
facility buildings).
[3]
Off-road, multiuse pedestrian and bicycle trails
and pathways, accessible for disabled, otherwise nonmotorized uses,
located within the development and creating connections (or leaving
opportunities for connections) to existing or proposed pathways or
trails in the Clifton Park Open Space Plan and the Clifton Park Trails
Master Plan.
[4]
Public building for environmental educational
uses, restrooms, and a visitors center, with a maximum of building
footprint of 2,000 square feet.
(3)
Other uses and other buildings and structures, as
provided by the following sections.
(a)
Only the special uses shall be considered pursuant to § 208-79 et seq.:
[2]
Large concerts, festivals, and events with potential
to attract more than 1,000 people in one day.
[3]
Commercial stable.
[4]
Commercial greenhouses on less than five acres.
[5]
Animal clinic/veterinary clinic/office/animal
hospital.
[6]
Tack shop.
[7]
Private, public building open to the public
for agricultural education purposes, restrooms, visitors center, with
a maximum of a building footprint of 2,000 square feet.
[8]
Dwelling, two-family attached or semi-detached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling and based density requirements as prescribed by § 208-16E of this chapter.
[Amended 3-3-2018 by L.L.
No. 6-2018]
[a]
An in-law apartment/family member accessory apartment
is not to constitute an additional dwelling unit when factoring bulk
density calculations.
[10]
Home occupation
[11]
Bed-and-breakfast facilities.
[12]
Day care as a home occupation, for children
or for adult day care.
[13]
Excavation and removal of stone, sand and gravel.
[14]
Accessory use of a building for nonagricultural
uses.
[15]
School.
[16]
Church or other place of worship.
[17]
Cemeteries.
[18]
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use, except a business office, storage yard, or repair shop, and subject to the provisions of § 208-79E(2).
[19]
Storage of liquefied petroleum (LP) gas in excess
of 1,100 gallons.
[23]
Permanent farm labor housing. (Requires an operational, commercial
farm with a minimum of 10 acres under production.) Farm workers housed
under this section must be integral to farm operations in the determination
of the Zoning Officer. The farm employee must be employed on an operational
commercial farm, and must be integral to farm operations. Farm employees
who work on agricultural operations at least 51% of the time in the
year are presumed to be integral to farm operations under this section.
Family members of such farm workers may occupy premises constructed
under this section.
[Added 5-2-2011 by L.L. No. 11-2011]
[a]
Farm operations holding a special use permit for permanent farm
housing shall certify to Building Department that the housing units
are occupied by farm employees or family members integral to farm
operations, upon request from the Building Department pursuant to
procedures developed under this section.
E.
Standards. The following minimum standards shall apply
to all parcels in the CR District:
(1)
Base density. The maximum allowable dwelling units
that may be built within the CR District shall be a calculated based
on the acreage of unconstrained land included in the development parcel(s).
The base density of the parcel (the maximum allowable number of units)
is the result of dividing the unconstrained land acreage by maximum
development density as set forth herein. Applicants may round down
fractional units of 0.5 or less and round up fractional units greater
than 0.5.
(2)
Development options:
(a)
Development on less than 10 acres. A parcel
consisting of less than 10 acres may be developed at a maximum density
of one dwelling unit per three acres of unconstrained land. A parcel
which is less than three acres but larger than 20,000 feet may be
developed with one dwelling unit.
(b)
Development on 10 acres or more. A parcel consisting
of 10 acres or more may be developed at a density of one residential
dwelling unit per 10 acres, provided there is at least one acre of
unconstrained land available to accommodate a residential use, including
any required well and septic system. In lieu of development at said
density, such parcel may be developed at a density not to exceed 0.33
unit per acre of unconstrained land, provided 50% of the area of the
development site is designated as permanent open space pursuant to
the other conditions set forth herein. For example, if an applicant
owns a seventy-acre parcel, and 10 acres are identified as constrained,
the maximum allowable density with a fifty-percent open space set
aside is 20 dwelling units. This example is calculated as follows:
70 acres minus 10 constrained acres equals 60 acres of unconstrained
land. This 60 acres multiplied by 0.33 results in a maximum allowable
base density of 20 units. These 20 units must be placed on the unconstrained
sixty-acre portion of the site in this example.
(c)
A one-time, single-lot exception is allowed,
meaning a subdivision of one parcel, as it existed as of January 1,
2005, into a maximum of two lots to be used for single-family residential
purposes only shall not be required to follow the conservation approach,
although it is highly encouraged to be protective of the natural and
cultural resources of the community. This shall only be permitted
for parcels greater than 10 acres and shall only be allowed if both
of the newly created lots will be initially owned by family members,
at the discretion of the Planning Board. The newly created lot shall
be a minimum of two acres, and all principal buildings shall have
a minimum setback of 50 feet from all property lines.
(3)
Minimum permanent open space (land area).
(a)
Where permanent open space is proposed, it must
include a minimum of 25% of the unconstrained land of the parcel.
(b)
For any permanent open space, the fee simple
title to the permanent open space may be held privately, but for all
permanent open space, the area shall be designated on the site and
subdivision plat as applicable and shall be so designated on the Zoning
Map of the Town of Clifton Park.
(4)
Conservation-based development design. Development
of any parcels in the CR District shall comply with the requirements
of this Code (conservation design layout), along with the development
guidelines in the "Western Clifton Park Design Guidelines" attached
hereto by reference.[1]
[1]
Editor's Note: The Western Clifton Park Design
Guidelines are contained in the Western Clifton Park Land Conservation
Plan GEIS, on file in the Town offices.
(6)
Minimum floor area: 960 square feet for a dwelling
unit.
(7)
Minimum width of lot at front building line: 80 feet.
(9)
Minimum rear yards: 25 feet.
(10)
Minimum side yards, each: 10 feet.
(11)
Maximum permitted height: For each foot the
height of a building or other structure exceeds 35 feet, the width
of each side yard shall be increased by one foot.
(12)
Minimum distance for environmental features
consisting of Land Conservation (LC) Zoning District conservation
lands and floodplains. No residential dwelling units or on-site wastewater
disposal systems shall be located within the bounds of these environmental
features. No residential dwelling or wastewater disposal system shall
be placed within 50 feet of a wetland meeting federal jurisdictional
requirements.
(13)
Conservation design layout.
(a)
Criteria and design process for establishing
the permanent open space and siting development on a parcel.
[1]
The following text outlines the procedures for
conducting a conservation-based design and layout for site plans and
subdivision plans in the Conservation Residential Zoning District.
The conservation design layout procedure is as a four-step process
designed to assist the applicant, the Planning Board and the public
in preparing and analyzing the materials for site plan and subdivision
applications within the Conservation Residential (CR) Zoning District.
[2]
The conservation design layout's four-step resource
analysis procedure is as follows:
[a]
Develop an existing resources and
site analysis plan of the natural, cultural, and scenic features.
[b]
Conduct a conservation analysis
and develop the conservation concepts.
[c]
Demonstrate a proposed layout of
the development concept that works with and complements the conservation
concepts.
[d]
Prepare a summary preliminary plan
that shows the synthesized conservation and development concepts.
[3]
The purpose of conducting such a resource analysis
is for the applicant to demonstrate significant application and incorporation
of the community resource values for Western Clifton Park as developed
and presented in the Town of Clifton Park Open Space Plan, the Town
of Clifton Park Comprehensive Plan, and the Western Clifton Park GEIS.
(b)
Step [1] Develop an existing resources and site
analysis plan of the natural, cultural, and scenic features.
[1]
The purpose of this step is to analyze the unique
features of the subject parcel. An existing resources and site analysis
plan shall be prepared by the applicant to provide the applicant and
the Planning Board with a comprehensive analysis of existing conditions,
including the natural, cultural and scenic resources, both on the
site in detail as set forth below, and describe in a more general
manner land uses, road systems, and natural and cultural resources
within 500 feet of the perimeter of the proposed development site.
The applicant and the Planning Board must identify the existing site
conditions and conduct a site analysis to understand the unique landscape
features of the parcel and the relationship of the parcel to the adjoining
lands as a basis for advancing any proposed permanent open space and
proposed development area concepts for the Planning Board to consider.
[2]
The existing conditions and site analysis process
shall include analyses of physical and environmental resources, forest
resources, agricultural resources, historic and cultural resources,
and potential as passive and recreational resources. The analysis
may take the form of several maps and layers of data presented in
a meaningful way to the Planning Board for its review and decision-making
in conjunction with the applicant.
[3]
The following resources must be mapped and illustrated
for the review of the Planning Board:
[a]
All contiguous land owned or under
option by the owner and/or applicant.
[b]
Contour lines at a minimum of two-foot
intervals to United State Geological Survey datum within the parcel.
[c]
Slopes in excess of 20% or more,
measured over a fifty-foot horizontal distance.
[d]
Ridgelines, hills and geologic
formations, including but not limited to rock outcrops and other important
land features based on available published information or more detailed
data obtained by the applicant.
[e]
Watershed boundaries shall be identified.
[f]
Groundwater aquifers and/or recharge
areas as mapped on the Town's Official Aquifer Protection Map.
[g]
Lakes, ponds, regulated streams,
streams, and natural drainage swales.
[h]
Field delineation and survey of
both NYS Department of Environmental Conservation freshwater wetlands
and their associated one-hundred-foot adjacent areas, and federal
jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers.
[i]
Watercourses, streams and other
drainage corridors as classified pursuant to the New York State Department
of Environmental Conservation Stream Classification System and as
mapped on the Town of Clifton Park's Official Stream Protection Map.
[j]
The Town of Clifton Park Land Conservation
(L-C) Zones.
[k]
Flood hazard areas [from a Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Map], or site-specific
flood elevation determination data if none is available otherwise
through FEMA.
[l]
Vegetative cover conditions on
the property according to general cover type, including cultivated
land, permanent grassland, old field, hedgerow, significant forest
areas, woodlands, wetlands, isolated trees or small groups of trees
with a caliper in excess of 12 inches, and the actual canopy line
of existing trees and woodlands. Vegetative types shall be described
by plant community, age and condition.
[m]
Any designated critical environmental
area, and other important unique environmental areas.
[n]
Habitat areas of rare, threatened
or endangered species.
[o]
Agricultural lands: active farmland
within a New York State certified agricultural district in Saratoga
County, lands within 500 feet of a New York State certified agricultural
district, or soils classified as soils of statewide significance and
prime farm soils as mapped by the U.S. Department of Agriculture,
Natural Resources Conservation Service in the Saratoga County Soil
Survey.
[p]
Lands and parcels enrolled in the
Town of Clifton Park's term open space, agricultural, or historic
resources term conservation easement program.
[q]
Lands identified along scenic road
corridors as defined in the Town of Clifton Park Open Space Plan,
Town of Clifton Park Comprehensive Plan, and the Town of Clifton Park
Western Lands GEIS.
[r]
As located on the site, the location
and dimensions of all existing and proposed utilities and utility
rights-of-way, existing streets, paved and unpaved roads and paths,
buildings, agricultural barns, silos and any other agricultural structures,
utilities, remains of buildings and structures, stonewalls, fences,
and other man-made improvements.
[s]
Historic resources. Locations of
all historically significant sites or structures on the site and on
any abutting site within 500 feet of the site's property boundary,
including but not limited to those sites and parcels identified as
locally important historic resources in the Town of Clifton Park Open
Space Plan, the Town of Clifton Park Comprehensive Plan and the Town
of Clifton Park Western Lands GEIS, and according to the New York
State Office of Parks, Recreation and Historic Resources, State Historic
Preservation Office, that tracks sites, buildings and parcels identified
with the state register or the federal register historic designation.
[t]
Proximity to nearest hamlet or
other existing or proposed neighborhood.
[u]
Trails: existing and potential
trails, bikeways and pedestrian trails that are in public use or are
proposed conceptually in the Town of Clifton Park Open Space Plan,
or specifically on the Town of Clifton Park Town-wide Trails Master
Plan Map, on the Mohawk Towpath Scenic Byway, or other routes of Town,
state, federal, or Saratoga County significance.
[v]
Recreation. Lakes, ponds, active
public parks, Town park district lands, or other Town, county, and
state recreational areas, or opportunities or sites designated in
the Town of Clifton Park's Comprehensive Plan.
[w]
All other boundaries of environmental
or other areas to be left undisturbed and/or protected through deed
restrictions, conservation easements or other agreements and encumbrances
of property which are or have been filed of record with the Saratoga
County Clerk's office shall be shown on the plan.
(c)
Step 2. Conservation analysis and prioritizing
of conservation concepts.
[1]
Once the site analysis has been accomplished
and reviewed with the Planning Board, the applicant may develop concepts
for prioritizing which of the existing resources should be conserved
and for what proposed future conservation use. Only after this step
has been taken may the concepts for development be factored into the
site layout.
[2]
Below are the key conservation principles for
Western Clifton Park to assist in prioritizing conservation concepts
within the CR District:
[a]
Conserve the scenic, rural landscape
character: the unique setting of this parcel as it contributes to
the unique setting of Western Clifton Park.
[b]
Conduct creative site planning
that maintains residential and pastures and rural character allowing
for direct visual access to open land, woodlots, farms, scenic views,
etc.
[c]
Protect farms and agricultural
lands and uses; protect the core agricultural areas of Western Clifton
Park; protect prime farm soils.
[d]
Permanent protection of larger
contiguous areas of significant open space resources which are visible
to the general public. including farmlands, woodlands, and other ecological
and natural wildlife habitats and corridors.
[e]
Buffer and protect existing protected
open space resources: design that respects and buffers existing term
conservation easements, permanent conservation easements and other
permanently protected lands and resources, such as not but not limited
to the Grooms Tavern Site, the Vischer Ferry Historic and Nature Preserve,
including the remains of the Erie Canal, and the Mohawk Towpath Scenic
Byway.
[f]
Conserve and protect the Town-identified
open space, natural and cultural resources that are priorities for
future conservation.
[g]
Conserve and design with respect
to the existing hamlet settlement patterns, existing neighborhoods
and existing residences; buffer existing residences and public views
from new development.
[h]
Preserve natural water features
and watersheds and provide for connected water habitats
[i]
Protect natural landforms and conserve
open lands habitat.
[j]
Conserve woodland areas and connected
woodlands habitats.
[k]
Support the restoration and adaptive
reuse of previously developed landscapes, including the adaptive reuse
of farm structures that preserves the agricultural setting and uses
such as the farmstead and barns and surrounding fields.
[l]
Connect people to the special resources;
provide trail connections within neighborhoods and link to regional
paths.
[m]
Protect dark, nighttime skies for
the whole community.
(d)
Step 3. Development concept. Once the proposed
conservation lands have been identified in Step 1 and prioritized
in Step 2, this Step 3 is to identify the area for development [primarily
within the unconstrained land and protective of the priority conservation
area(s)], the remaining land area of the site which may be focused
on for siting the access, circulation for streets and pedestrian paths,
and locating the proposed number of residential units and other development.
(e)
Step 4. Summary preliminary plan of development and conservation concepts. The proposed subdivision application must follow applicable subdivision regulations as outlined in Chapter 179 regarding the submission, timing, review process, etc. This step involves formalizing the "drawing in" of the lot lines and the preparation of a plan meeting requirements for concept submission pursuant to Chapter 179 of the Town Code, Subdivision of Land.
F.
Proof of preservation in perpetuity of permanent open
space for sites in private ownership.
(1)
Perpetuity. For all required, dedicated permanent
open space, the open space restrictions must be in perpetuity and
shall be so noted on any plat or plan submitted for approval to the
Town.
(2)
Type of proof required. A deed restriction or a permanent
conservation easement must be placed on the parcel and/or lot(s) with
permanent open space.
(3)
The proof of such restriction of open space land in
perpetuity is required and shall be supplied to the Town of Clifton
Park Planning Board and filed prior to the final plat approval of
a site plan or subdivision plat.
(4)
The Town of Clifton Park Planning Board may not grant
final approval to any site plans or subdivision plats that require
permanent open space, until the Planning Board receives the proof
of the restriction on the open space land of a permanent conservation
easement.
(5)
The Planning Board may not approve a final plat until
the proof is presented at a Planning Board meeting.
(6)
A perpetual conservation easement and/or other rights
to property which have the minimum effect of restricting development
of the open space land and allowing use only for agriculture, forestry,
active or passive recreation, watershed protection, wildlife habitat
or other open space use and prohibiting residential, industrial and/or
commercial use of such open space land, pursuant to § 247
of the General Municipal Law, shall be granted to the Town of Clifton
Park, or to a qualified, not-for-profit land conservation organization
or land trust as may be acceptable to the organization, municipality
and to the Planning Board.
(7)
The type of conservation easement may be site-specific
and customized according to the proposed use of the open space land,
and selected from the following options: open space conservation easement,
environmental conservation easement, agricultural conservation easement,
or historic resources conservation easement.
(8)
The aforesaid conservation easement instrument shall
describe the open space land of a parcel in metes and bounds and by
a property survey, and shall bear the statement: "This tract or parcel
of land is open space land with a permanent conservation easement
subject to the provisions of the Town of Clifton Park Zoning Law substantially
restricting its use."
(9)
Open space created by the use of this section must
be clearly labeled on the final plat and site plan as to its use,
ownership, management, method of preservation and the rights, if any,
of the owners of the subdivision to such land, and to the general
public. The plan or plat shall clearly show that the open space land
is permanently reserved for open space purposes and shall not be platted
for building lots and shall indicate the liber and page of any conservation
easements or deed restrictions required to be filed to implement such
reservations.
(10)
Such proposed conservation easement or other
rights shall be reviewed and approved by the Town Attorney's office
and be required as a condition of plat or plan approval.
(11)
Said conservation easement shall not be amendable
to permit commercial, industrial, or residential development and shall
be recorded in the Saratoga County Clerk's office prior to filing
an approved final site plan or final subdivision plat in the CR Zoning
District.
G.
Ownership and maintenance of open space land and common facilities. The Planning Board must find the form of ownership of any open space land adequate to fulfill the purposes of this section. The following methods may be used either individually or in combination, for ownership of open space land (exclusive of its conservation easement) and common facilities. The appropriate form of ownership shall be based upon the purpose of the permanent open space reservation as stated above in the Subsection F, entitled "Proof of preservation in perpetuity of permanent open space." Ownership methods shall conform to the following:
(1)
Open space land may be held in private, noncommon
ownership.
(a)
The required open space land may be included within one or more large conservancy lots that are entirely open space land, provided the open space is permanently restricted from future development, except for those uses listed above in Subsection D(2). This option may be preferable for open space land that is intended for agricultural use.
(b)
The applicant shall provide the Town of Clifton
Park with a written description and proof of instrument of the use
restrictions of the open space land.
(2)
Open space land may be held in private, common ownership
by a homeowners' association (HOA).
(a)
Open space land and common facilities may be
held in common ownership by a homeowners' association subject to all
of the provisions for homeowners' associations as set forth in New
York State regulations and the General Business Law.
(b)
The open space restrictions must be in perpetuity.
(c)
The applicant shall provide the Town with a
description of the organization of the proposed homeowners' association,
including its bylaws, and all documents governing ownership, maintenance,
and use restrictions for common facilities.
(d)
Such a homeowners' association shall be established
by the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the conveyance of
the first lot in the development.
(e)
The HOA must be responsible for liability insurance,
local taxes, and the maintenance of any open space land and any other
common facilities.
(f)
Membership in the homeowners' association shall
be mandatory for each property owner within the subdivision and successive
owners in title with voting of one vote per lot or unit, and the subdivider's
control, therefore, passing to the individual lot/unit owners on sale
of the majority of the lots or units.
(g)
Each lot or unit owner must be required by recorded
covenants and restrictions to pay fees to the HOA for taxes, insurance
and maintenance of open space, and, as applicable, any private roads
and any other common facilities.
(h)
Property owners must pay their pro rata share
of the HOA costs as listed above in Subsection H(2)(e), and the assessment
levied by the HOA must be able to become a lien on the property.
(i)
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent in his or her dues. Such dues shall be paid with
the accrued interest before the lien may be lifted.
(j)
The HOA must be able to adjust the assessment
to meet changed needs.
(k)
The applicant shall make a conditional offer
of dedication to the Town of Clifton Park, 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 homeowners' association to take title to the open space from the
applicant or current owner, upon dissolution of the association at
any future time or upon failure of the HOA to fulfill its maintenance
obligations or to pay its property taxes.
(l)
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against individual owners
in the HOA and the dwelling units they each own.
(m)
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the Town of Clifton Park no less than 30 days prior to such
event.
(n)
The association shall have adequate resources
to administer, maintain, and operate such common facilities.
(o)
The Town Attorney's office shall review and
find that the HOA documents presented as part of the application satisfy
the conditions outlined above and such other conditions that the Planning
Board shall deem necessary.
(3)
Open space land may be offered fee simple dedication
to the Town or an open space or park district controlled by the Town,
provided that:
(4)
Open space land may be offered for conveyance or for
sale as fee simple dedication to the county or state governments,
a nonprofit land trust or other land conservation organization.
(5)
Maintenance and monitoring standards for open space
land.
(a)
Ongoing maintenance and monitoring standards
shall be established, enforceable by the Town against an owner of
open space land as a condition of site plan or subdivision approval,
to assure that the open space land is used for the purposes intended
in this chapter and specifically pursuant to the approval of the project
rendered by the Town and to ensure the use of the open space land
does not detract from the character of the neighborhood context. Such
maintenance standards may include the obligation to mow open fields
to maintain their scenic character and to maintain dedicated trails.
(b)
If the Town Board finds that the open space
land is being maintained in such a manner as to constitute a public
nuisance or otherwise not in conformance with standards established
herein, it may, upon reasonable written notice to the owner, enter
the premises for necessary maintenance or other action necessary and
appropriate, and the cost of any such maintenance by the Town shall
be assessed ratably against the owner or, in the case of an HOA, the
owners of properties within the development, and shall, if unpaid,
become a tax lien on said properties.
(c)
Unless otherwise agreed to by the Town of Clifton
Park Planning Board, the cost and responsibility of maintaining open
space and facilities shall be borne by the private owner, the homeowners'
association, the conservation organization or land trust or, in the
case of lands and facilities deeded to the Town of Clifton Park, the
municipality. Likewise, if any lands restricted as open space land
are deeded to the county or the state, these respective municipal
governments would be responsible.
H.
Open space incentive zoning option. (See Article VB Open Space Incentive Zoning.)
(1)
In exchange for the protection of an equivalent acreage of permanent open space under the provisions of Article VB entitled "Incentive Zoning," Town of Clifton Park, open space incentive zoning, a parcel or parcels greater than 10 acres in area may be developed at a density of up to one residential unit per 1.5 developable acres or 0.66 unit per acre, provided that development also meets the following conditions and limitations.
(2)
For example, if the base density of a one-hundred-acre
site in the CR District is 33 dwelling units, then the maximum density
that can be potentially achieved by applying for open space incentive
zoning is 66 dwelling units.
(3)
Application for open space incentive zoning must be
done prior to or in conjunction with an application for subdivision
approval to the Planning Board.
I.
Site plan and subdivision review. Applications will be considered and processed by the Town of Clifton Park Planning Board in accordance with § 278 of the Town Law, Article XVI, Site plan review and approval, Chapter 179, Subdivision of Land, and the Town of Clifton Park Design Guidelines.[2] As part of that process, the Town of Clifton Park Planning
Board shall, at a minimum, apply the limitations and conditions of
this section.
[2]
Editor's Note: The Park Design Guidelines
are contained in the Western Clifton Park Land Conservation Plan GEIS,
on file in the Town offices.
[Added 5-9-2005 by L.L. No. 5-2005]
A.
Purpose.
(1)
The purpose of the Hamlet Residential (HR) District
is to prevent adverse impact to the character of Western Clifton Park
and to the Hamlet of Rexford and to ensure that future growth is consistent
and complementary to the existing hamlet settlement patterns. New
development within the HR District shall adhere to the guidelines
and standards set forth in the Western Clifton Park Design Guidelines.[1] In general, development should:
(a)
Enhance existing, unique, traditional hamlet
settlement patterns within Western Clifton Park.
(b)
Restore, conserve and enhance the "sense of
place" of the Hamlet of Rexford through complementary, compact, new
development, infill development and redevelopment layout and design
(c)
Support a primarily residential setting within
the HR District that connects and transitions to the nearby Hamlet
Mixed-Use Zone to the north in the rest of the Hamlet of Rexford.
(d)
Foster pedestrian-friendly, walkable environments.
(e)
Utilize area master planning, and site plan
layouts and architectural styles consistent with the form of traditional
Hamlet of Rexford.
(f)
Support connections within the Hamlet of Rexford
and the vicinity both within the hamlet and outside of the Hamlet,
(g)
Create access and connections such as to the
Mohawk River waterfront and to the Mohawk Towpath Scenic Byway, and
other existing and proposed Town-wide and regional pathways and trails
[1]
Editor's Note: The Park Design Guidelines
are contained in the Western Clifton Park Land Conservation Plan GEIS,
on file in the Town offices.
(2)
This section is further intended to support the protection
of Town-identified open space within Western Clifton Park with the
provision of potential density incentives and transfer of development
from Town-identified open space areas to the HR Zone as is applicable.
B.
Permitted uses: restrictions. In Hamlet Residential
Districts (HR), no building or other structure or land shall be used,
and no building or other structure shall be built, altered or erected,
for any purpose other than that of:
(1)
One-family dwellings.
(2)
Accessory structures.
(3)
Home occupation.
(4)
Public utility structures.
(7)
Other uses and other buildings and structures as provided
by the following subsections:
(a)
Only the following special uses shall be considered pursuant to § 208-79 et. seq.:
[1]
Two-family dwellings, attached or semidetached. Each structure shall be considered the equivalent of two dwelling units. Each structure shall conform with the minimum land area requirements per dwelling and based density requirements as prescribed by § 208-17C.
[Amended 3-3-2018 by L.L.
No. 6-2018]
[a]
An in-law apartment/family member accessory apartment
is not to constitute an additional dwelling unit when factoring bulk
density calculations.
[2]
Community residences.
[3]
Day-care homes.
[4]
Bed-and-breakfasts.
[5]
Facilities for the sale or consumption of farm-
and country-related edible and nonedible products at farm markets.
Such facilities shall be consistent with the customary activities
and operations normally associated with a farm.
[6]
Electrical substations, gas district governor stations, telephone exchanges or other public utility buildings, structures or uses, except as business offices, storage yards, or repair shops, and subject to the provisions of § 208-79E(2).
[7]
Churches or places of worship.
C.
D.
Density bonus (through open space incentive zoning provisions). Residential bonus: Applicants may propose and seek Town approval for an increase in the density of residential units within the Hamlet Residential (HR) Zoning District per § 208-4[3] 5 and Article VB upon securing the required applicable development rights to Town-identified open space parcels within Western Clifton Park.
E.
Site plan review. Applications will be considered by the Planning Board in accordance with Article XVI, Site Plan Review and Approval, and the Western Clifton Park Design Guidelines.[4]
[4]
Editor's Note: The Park Design Guidelines
are contained in the Western Clifton Park Land Conservation Plan GEIS,
on file in the Town offices.
