[Amended 11-8-2007 by L.L. No. 21-2007]
A.
It is the intent of this article to require open space development (having the same meaning as "cluster development" under § 278 of NYS Town Law) pursuant to the requirements herein for any subdivision of land 20 acres or greater within the Town. Unless otherwise required by the Planning Board, owners of lands less than 20 acres, and all others not otherwise governed by this article, shall follow the Subdivision Regulations of Chapter 143 of the Town of Malta. This article shall govern any land parcel greater than 20 acres. An applicant may request consideration for an open space development project of less than 20 acres.
B.
The intent of this article is to promote variation
in conjunction with a proposed subdivision plat in suitable areas
in order to encourage the 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 § 278 of the Town Law. This purpose
is achieved by permitting reduction in and/or flexibility of lot sizes
required for the zoning district within which such development occurs,
while maintaining the imposed overall density limitations through
the provision of open space.
C.
It is the intent of this article to promote better
use of conservation of open spaces, recreational development, existing
topography and natural features, energy conservation, harmonious architectural
design, and solar access and design, and to provide for economics
inherent with open space development. It is imperative to incorporate
quality of life elements such as linking wildlife corridors, protecting
watersheds and old stone walls and barns, identifying and protecting
important vistas, expanding active and passive recreational opportunities,
providing links to existing and future Town parks, including access
to waterways, linking pedestrian access, and preserving trees and
vegetation.
The power to approve, approve with modifications or disapprove open space development in accordance with the intent established in § 167-43 above is granted to the Planning Board in accordance with § 278 of the Town Law. The Planning Board shall require the submission of an open space concept and has the authority to mandate subdivision developers to cluster the units in their developments, pursuant to § 278 of the Town Law.
The purposes of open space development are as
follows:
C.
Comprehensive land use planning.
(1)
Coordination with the Town of Malta Comprehensive
Plan, Agriculture and Open Space Preservation Study, Open Space and
Recreation Needs Assessment Report, linkage study and other applicable
Town, county, state, federal and regional plans and programs;
(2)
Maintenance of the residential character of the Town
of Malta, while increasing the variety of housing opportunities available;
and
(3)
Development or redevelopment of land in a manner appropriate
to the special characteristics of each site and present and future
needs of the Town.
A.
Open space development shall apply to residential
developments over 20 acres or greater or an applicant may request
consideration for an open space development project of less than 20
acres.
B.
Density of residential units shall not exceed that
permitted in the district in which the subdivision is located. This
density shall be computed, using the submissions made by the applicant
pursuant to this article, as follows:
(1)
Compute the total site area in the development.
(2)
Subtract New York State and federal regulated wetlands
and buffers and all applicable buffers.
(3)
Subtract mapped streams or waterways and all applicable
buffers.
(4)
Subtract ponds, lakes and other areas of standing
water.
(5)
Subtract slopes in excess of 15% of grade.
(6)
Subtract actual utilities and road rights-of-way.
(7)
Subtract proposed utilities and road rights-of-way.
(8)
Subtract one-hundred-year floodplains.
(9)
Divide the remaining area by the minimum lot area
under current zoning (minimum lot area cannot be further reduced due
to central water and sewer).
C.
The Planning Board may grant residential bonus lots in excess of the density calculated in Subsection B in accordance with § 261-b of the Town Law of the State of New York in exchange for modification in the project of comparable value that provides community benefits and amenities not otherwise provided under this article. In order to advance the Town of Malta's physical, cultural and social policies in accordance with the Town's Comprehensive Plan, within the meaning of § 272-a of the Town Law of the State of New York, bonus lots may be granted for up to 10% additional density of the lot entitlement determined in Subsection B above. The Planning Board may consider an application for bonus lots for projects where there may be community benefits and amenities not normally associated with an open space development and/or otherwise required by this article, including, but not limited to:
(1)
Affordable housing, not to exceed 80% of the median
income as identified for Saratoga County in the Annual American Community
Survey (ACS) published by the U.S. Census Bureau.
(2)
Parks, and lands to be annexed to existing parks,
which would otherwise not be available to the Town.
(3)
Pedestrian and trail linkages with trails and parks
within and outside the Town.
(4)
Public access to significant and unique areas of the
Town and adjoining towns, e.g., streams and lakes.
(5)
Off-site infrastructure or other enhancements that
benefit more than the applicant's project.
(6)
Historic preservation.
(7)
Agricultural preservation.
(8)
Preservation of unique and/or significant open spaces,
streams, lands adjoining existing preserved open spaces, viewsheds,
and linkages between open space areas; e.g., natural resources, forested
lands, vistas, and waterways.
(9)
Cash in lieu of amenities to be dedicated to a specific
project which provides a unique, community benefit or amenity which
would not otherwise be developed.
D.
An application for bonus lots shall be made at the time of the submission for open space development as set forth in § 167-47F of this section and as contained in Chapter 143, Subdivision of Land, of the Code of the Town of Malta. In its discretion, the Planning Board may accept an application for bonus lots at a later point in time if it deems it to be in the best interest of the Town. If an application is considered after the required public hearing provided for by § 167-47F, the Planning Board shall be required to schedule a new public hearing to include the bonus lot application.
E.
The Planning Board shall review an application for bonus lots in conjunction with the open space development application set forth in § 167-47 of this article, and shall make findings as to whether the proposed community amenity and benefit meets one or more of the criteria set forth in § 167-46D(1) through (9). The Planning Board shall determine if the proposed community benefit or amenity is in accordance with the Town's Comprehensive Plan, as well as the Town's other community planning and land use efforts and tools, including, but not limited to, the Town's Agriculture and Open Space Preservation Study, the County's Green Infrastructure Plan, the Town's linkage study, and the actions and recommendations of the Town's Planning and Zoning Update Committee, Open Space Preservation Advisory Committee, and the Director of Parks and Recreation.
F.
"Community benefits and amenities" shall mean additional
open space, parks, pedestrianways, public access, off-site enhancements
to infrastructure, historic preservation or other specific physical,
social or cultural amenities or cash in lieu thereof, that provide
a unique benefit to the residents of Malta.
G.
If the Planning Board determines that a suitable community
benefit or amenity is not immediately feasible, the Planning Board
may require, in lieu thereof, a payment to the Town of a sum equivalent
to the added value to the applicant and as determined by the Planning
Board. If cash is accepted in lieu of other community benefits or
amenities, provision shall be made for such sum to be deposited in
a trust fund to be used by the Town Board exclusively for the project(s)
specified and authorized by the Town Board.
H.
Options for open space development.
(1)
Under this article, applicants may seek subdivision
approval for any one of the following options or combination thereof:
(a)
Option 1: greenway development, which provides for residential density permitted by the zoning district and as defined in § 167-46B with green space set-aside lands being 50% of the parcel ("greenway"). The greenway shall be 50% of the developable lands. Wetlands, steep slopes or other undevelopable areas within the site shall not be included in the greenway calculation. It is the goal of this section to locate the green space along existing roadways.
(b)
Option 2: estate development, which provides for residential density of 1/3 of the residential density permitted by the zoning district and as defined in § 167-46B.
(c)
Option 3: Cottage home development: provides
for a cluster of not less than four single-family cottages. Each such
cottage shall be constructed so as to: contain no more than two bedrooms;
not exceed 1,100 square feet in area, in addition to one optional
one-story garage not to exceed 250 square feet, and one unenclosed,
roofed porch facing the developments common area no wider than the
width of the house and no deeper than eight feet; be not more than
18 feet in height to the top of the second story, and not more than
25 feet in total building height; provide off-street parking for at
least one automobile; face a common area containing a park and sidewalks;
and be of energy-efficient design and construction; and of an architectural
design compatible with the surrounding area. No such structure may
be expanded, and no new structure built within the development, without
obtaining an amendment by the Planning Board. The development shall
provide common parking facilities as necessary for residents and visitors.
The development shall have a homeowner's association, the membership
of which shall consist of each owner within the development, said
association having ownership of and responsibility over all the common
areas, and this restriction shall be identified within the chain of
title.
(d)
Option 4: a combined development includes any
combination of Options 1, 2 and 3 above.
(2)
In all cases, lands to remain undeveloped as greenway
should be determined by the Planning Board.
B.
The applicant shall submit, at successive stages,
a concept sketch plan, preliminary submission and final submission
in accordance with the requirements of the Subdivision Regulations
and in conformance with the current zoning regulations. In addition,
the applicant, at each stage, shall provide the following information:
(1)
The proposed number, type and arrangements of residential
units and computation of overall residential density per gross acre.
(2)
A tabulation of the total number of acres in the proposed
project and the percentage designated for each use area.
(3)
The proposed location and acreage for greenways, multipurpose
trails, walkways, parks, playgrounds, natural watercourses and other
open spaces.
(4)
The computation of open space area.
(5)
A draft proposal for maintenance/ownership of open
space. In the event that the application of this procedure results
in a plat showing lands available for park, recreation, open space
or other municipal purposes directly related to the plat, then the
Planning Board, as a condition of plat approval, may establish such
conditions on the ownership, use and maintenance of such lands as
it deems necessary to ensure the preservation of such lands for their
intended purposes. The ownership options include land conservancy,
homeowners' association or other appropriate ownership. The developer
shall propose a method for ownership of the open space or parkland.
C.
Preapplication conference with Planning Board. The applicant shall schedule a meeting with the Planning Department and members of the Planning Board to walk the site and hold a workshop to discuss procedures and to obtain advice from the Planning Board on feasibility, layout, location of greenways and open space and any special considerations for the subdivision design. The applicant shall furnish 15 copies of a sketch plan of the proposal pursuant to all requirements in § 143-4 of the Subdivision Regulations 30 days prior to the meeting with the Planning Board. It is recommended that a sketch of the open space cluster be presented at the workshop from a professional cluster subdivision design team. In addition, the applicant shall identify on the sketch the approximate location of the following features on site and within 200 feet of the site:
(1)
Potential wetland areas, ponds, drainage paths and
waterways.
(2)
Geologic formations, such as rock outcroppings, cliffs,
sinkholes, and fault lines.
(3)
Floodplains.
(4)
Existing pathways and trail linkages.
(5)
Wildlife habitats.
(6)
Hedgerows.
(7)
Stone walls.
(8)
Significant areas of vegetation such as cultivated
land, permanent grassland, meadow, pasture, old fields, hedgerow,
groves and trees with a caliper in excess of 15 inches. The actual
canopy line of existing trees and woodlands shall be shown. Vegetative
types shall be described by plant community, relative size and condition.
(9)
Historical, archaeological and cultural features.
(10)
Views, both on-site and off-site.
(11)
Aquifers and aquifer recharge areas.
(12)
Slopes with a grade of 15% or greater (upon
satisfactory demonstration to the Town, the Planning Board may consider
development on such slopes).
(13)
Ridgelines.
(14)
Man-made features such as streets, driveways,
farm roads, woods roads, buildings, foundations, walls, wells, drainage
fields, dumps, utilities, fire hydrants, and storm and sanitary sewers,
old cellar holes, foundations and graves.
(15)
Any feature identified during the site walk
by the Town as significant.
(16)
Such additional information as the Planning
Board may reasonably request and deem necessary to make the determinations
required by the New York State Environmental Quality Review Act and
this chapter.
Any open space development shall conform to the standards and construction practices set forth in Chapter 143, Articles II and IV, of the Subdivision Regulations for the Town of Malta except as modified below.
A.
This procedure shall apply generally to residential
zoned land which shall be a contiguous parcel a minimum of 20 acres
in size. An applicant may request consideration for an open space
development project of less than 20 acres. In addition, it shall be
determined by the Planning Board that 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 in close
proximity and that the proposed development is in conformity with
the objectives of the Town's Comprehensive Plan and that the gross
density will be no greater than if the tract were developed in accordance
with the existing zoning requirements.
B.
When such development is proposed adjacent to any
existing residence or residential area, a suitable buffer area, as
the Planning Board determines, shall be left between the closest lot
line of any lot in an existing residential development area or a conventionally
platted residential map that has been filed with the Saratoga County
Clerk and the closest structure in the residential cluster development
contained on an open space lot.
C.
Rural roadway standards. The developer shall be required to conform to the rural roadway standard as set forth in § 143-13 of the Subdivision Regulations of the Town of Malta for all proposed roadways within the project site. Should the applicant wish to deviate from this standard, written approval shall be required from the Planning Board.
D.
Pathways.
(1)
Pathways within the right-of-way shall be provided
in all open space developments. The developer shall meet the following
standards:
(a)
Residential areas with more than four units
per acre: a five-foot-wide pathway of material acceptable to the Planning
Board on each side of each roadway. The paths shall each be at least
five feet from the edge of the roadway.
(b)
Residential areas with one to four units per
acre: a five-foot-wide pathway of material acceptable to the Planning
Board on one side of each roadway. The path shall be at least five
feet from the edge of the roadway.
(2)
The Planning Board may require additional pathways,
walks, multiuse trails or linkages to the Town trail system in areas
identified in the linkage studies.
(3)
The developer shall install the pathways, at no additional
cost to the Town. The developer shall grant an easement to the Town
granting the general public access to and use of these trails.
E.
Entrances. The open space development shall be designed
such that naturally occurring topography and vegetation at the entrances
and within the development shall be maintained to the greatest extent
practicable. In open space developments where there is level topography
and/or a lack of vegetation at the entrance, berming shall be incorporated
into the design of the entrance and at the discretion of the Planning
Board. Berms shall be natural in form and harmonize with the surrounding
terrain. Additionally, all berms shall be planted with native species
or species approved by the Planning Board.
F.
Flag lots.
(1)
Flag lots shall be permitted in all open space developments.
A maximum of five flag lots shall be permitted per open space development
and shall conform to the following standards:
(2)
All flag lots shall be approved by the Planning Board
at the sketch plan stage. Flag lots proposed after this stage shall
not be permitted unless a benefit is found by the Planning Board.
G.
Open space.
(1)
Lands set aside as open space and greenways shall
remain as open space pursuant to conditions set forth by the Planning
Board.
(2)
The developer is responsible for maintaining open
space until such time as it is legally accepted by another entity.
(3)
When feasible, a substantial portion of open space
shall be located on the road front, so as to maximize roads with houses
on only one side.
(4)
It is the goal of this section to set aside green
space along existing roadways.
H.
Stormwater management.
(1)
In the event the stormwater management areas are owned
by the developer or another entity other than the Town of Malta, the
developer shall provide a maintenance agreement and access easements
around the entire circumference/area of all stormwater management
infrastructures.
(2)
Alternate methods of stormwater management techniques
are encouraged within the Town.
