Once the maximum permissible number of lots in a conservation subdivision
has been established, the next step is to create a design layout. This layout
shall include an identification of primary and secondary conservation lands
within a parcel(s), which includes those elements most highly valued by the
community.
A. Sketch plan.
(1) A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law and Comprehensive Plan. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, the sketch plan shall include an existing resources map and site analysis plan and the completion of Step 1 of the four-step design process contained in Subsection
C(1) of this section.
(2) The existing resources and site analysis plan shall be
prepared to provide the applicant and the Planning Board with a comprehensive
analysis of existing conditions, both on the proposed development site and
within 500 feet of the site. Conditions beyond the parcel boundaries may be
generally described on the basis of existing published data available from
governmental agencies or from aerial photographs. The existing resources and
site analysis plan shall include the following information:
(a) Slopes; slopes of 25% or greater.
(b) Water resources: wetlands; aquifer and aquifer recharge
areas, if known; flood-prone areas as defined by the NYSDEC or as shown on
Federal Emergency Management Agency maps; streams; and other water bodies.
(c) Agricultural lands: active farmland within a New York
State certified agricultural district, lands within 500 feet of a New York
State certified agricultural district, or soils classified in groups 1 to
4 of the New York State Soil Classification System.
(d) Critical environmental areas: lands within or contiguous
to a critical environmental area designated pursuant to Article 8 of the Environmental
Conservation Law, if any.
(e) Designated open space areas: lands contiguous to publicly
owned or designated open space areas or privately owned, designated natural
areas.
(f) Historic structures and sites: historic structures or
areas having received national, state or local designation as such or for
which evidence exists that the Planning Board may document has significant
historic value, if any, on the subject matter tract of land or any adjoining
tract thereto.
(g) Scenic viewsheds and special features: sites bordering
or in known scenic locations identified in the Town's Comprehensive Plan.
(h) Significant natural areas and features: areas with rare
vegetation, significant habitats, or habitats of endangered, threatened or
special concern species as determined by the New York State Department of
Environmental Conservation (Natural Heritage Program); mature forests over
100 years old; locally important vegetation (such as trees over 24 inches
in diameter at breast height); or unique natural or geological formations.
(i) Trails: existing and potential walking, hiking or equestrian
trails, bikeways, and pedestrian routes of Town, county or state significance.
(j) Recreation: lakes, ponds or other significant recreational
areas or opportunities or sites.
(k) Topography, the contour lines of which shall be at two-foot
intervals.
(l) General locations of vegetative cover conditions on the
property according to general cover type, including cultivated land, grassland,
old field, hedgerow, woodland and wetland, isolated trees with a caliper in
excess of 12 inches, the actual canopy line of existing trees and woodlands.
(m) Any ridgelines on the property shall be identified.
(n) The location and dimensions of all existing streets,
roads, buildings, utilities and other man-made improvements.
(o) All easements and other encumbrances of property which
are or have been filed of record with the Columbia County Clerk's office
shall be shown on the plan.
B. Preliminary plan documents. A preliminary conservation subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of §
170-6 of the Town of Chatham Subdivision Law:
(1) Preliminary plan. The submission requirements for a preliminary
plan include the requirements for sketch plans listed above and the submission
requirements of the Subdivision Regulations and the existing resources and
site analysis plan. The Planning Board shall review the preliminary plan to
assess its accuracy and thoroughness. Unless otherwise specified by the Planning
Board, such plans shall generally be prepared at the scale of one inch equals
100 feet or one inch equals 200 feet whichever would fit best on a single
standard-size sheet (24 inches by 36 inches).
C. Four-step design process for conservation subdivisions.
All sketch plans shall include Step 1 of the four-step design process. All
preliminary plans shall include documentation of the four-step design process
in determining the layout of proposed open space lands, house sites, streets
and lot lines, as described below.
(1) Step 1: delineation of open space lands. Proposed open
space lands shall be designated using the existing resources and site analysis
plan as a base map. Primary conservation areas shall be delineated comprising
streams and other water bodies, floodplains, wetlands and slopes over 25%.
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
area percentage requirements for open space lands and in a manner clearly
indicating their boundaries as well as the types of resources included within
them. Calculations shall be provided indicating the applicant's compliance
with the acreage requirements for open space areas on the tract. The result
is potential development areas.
(2) Step 2: location of house sites. Potential house sites
shall be tentatively located, using the proposed open space lands as a base
map as well as other relevant data on the existing resources and site analysis
plan. 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 as well as the positive benefits of such locations to provide
attractive views and visual settings for residences.
(3) Step 3: alignment of streets and trails. Upon designating
the house sites, 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 25%. Existing and future street connections are encouraged
to eliminate the number of new culs-de-sac to be maintained by the Town and
to facilitate access to and from homes in different parts of the tract and
adjoining parcels. Culs-de-sac are appropriate when they support greater open
space conservation or provide extensive pedestrian linkages.
(4) Step 4: drawing in lot lines. Upon completion of the
preceding three steps, lot lines are drawn as required to delineate the boundaries
of individual residential lots.
(5) Steps 2 through 4 may be completed contemporaneously,
if possible.
(6) Note on the four-step site design process for hamlets
and adjoining villages. The design process for developing cluster subdivisions
in or adjacent to hamlets and villages shall be a variation on the four-step
process for conservation subdivisions, as described herein. In hamlets and
near villages, where traditional streetscapes are of greater importance, Steps
2 and 3 may be reversed, so that streets and squares are located during the
second step and house sites are located immediately thereafter. The first
step is to identify open space lands, including both primary and secondary
conservation areas.
The Planning Board shall evaluate proposals to determine whether they meet the standards set forth in §§
135-3,
135-4 and
135-5 above and whether the proposed layout:
A. Protects all floodplains, wetlands, and steep slopes
from clearing, grading, filling or construction.
B. Preserves and maintains mature woodlands, existing fields,
pastures, meadows, and orchards, and creates sufficient buffer areas to minimize
conflicts between residential and agricultural uses.
C. Sites dwellings on the least prime agricultural soils
or in locations at the edge of a field, as seen from existing roads if development
is on open fields.
D. Leaves scenic views and vistas unblocked or uninterrupted,
particularly as seen from public thoroughfares.
E. Maintains or creates a buffer of natural native species
vegetation of at least 100 feet in depth adjacent to wetlands and surface
waters, including creeks, streams, springs and ponds.
F. Designs around existing hedgerows and tree lines between
fields or meadows, and minimizes impacts on large woodlands greater than five
acres.
G. Designs around and preserves sites of historic, archeological
or cultural value insofar as needed to safeguard the character of the feature.
H. Provides open space that is reasonably contiguous.
I. Protects wildlife habitat areas of species listed as
endangered, threatened, or of special concern by the New York State Department
of Environmental Conservation.
The Town of Chatham has determined that piecemeal subdivision of large
properties where a small number of individual lots are subdivided off to circumvent
major subdivision regulations will have a detrimental impact on neighborhood
character, preservation of open space and agricultural lands, and the ability
to provide traditional streetscapes and/or pedestrian networks. Therefore,
where four or more lots are subdivided from any parcel within a five-year
period, the fourth lot shall be deemed a major subdivision.
All reasonable engineering and legal costs for Town review of the environmental
impacts, regardless of whether a full EIS is required, road designs, conservation
easements and homeowners' association or other plans or documents shall
be paid by the subdivider.
As used in this chapter, the following terms shall have the meanings
indicated:
BUFFER AREA or BUFFER ZONE
Open space, landscape areas, fences, walls, berms or any combination
thereof used to physically separate or screen one use or property from another
use or property so as to visually shield or block noise, light, or other nuisances.
BUILDING ENVELOPE
The area within which a structure is permitted to be built on a lot
and that is defined by minimum yard setbacks and includes all disturbances
for building, driveways, well and septic systems.
BULK REQUIREMENTS
Those particular minimum zoning requirements in each respective zoning
district relating to, among other things, setback requirements, building density
and uses for each parcel located therein.
CONSERVATION SUBDIVISION
A residential subdivision where the dwelling units that would result
on a given parcel under a conventional subdivision plan are allowed to be
placed on the parcel in a flexible manner; where lot sizes, road frontages,
and other bulk dimensions are allowed to be relaxed; and where a majority
of the remaining land is left in its natural open space condition in perpetuity.
Conservation development results in a flexibility of design and development
to promote the most appropriate use of land, to facilitate the adequate and
economical provisions of streets and utilities, and to preserve the natural
and scenic qualities of open lands.
CRITICAL ENVIRONMENTAL AREA
A specific geographic area, designated by a state or local agency,
having exceptional or unique environmental characteristics.
EASEMENT
Authorization by a property owner for the use of any designated part
of his property by another and for a specified purpose.
OPEN SPACE
Land left in a natural state for conservation and agricultural purposes
or land landscaped for scenic purposes, devoted to active or passive recreation,
or devoted to the preservation of distinctive architectural, historic, geologic
or botanic sites. The term shall not include land that is paved, used for
the storage, parking or circulation of automobiles, or occupied by any structure.
Open space may be included as a portion of one or more large lots or may be
contained in a separate open space lot but shall not include private yards
within 50 feet of a principal structure.
PRIMARY CONSERVATION AREA
Lands to be conserved in a clustered or conservation subdivision,
including unbuildable areas of wetlands, water bodies, floodplains, and steep
slopes.
SECONDARY CONSERVATION AREA
Lands included in a clustered or conservation subdivision, including
mature woodlands, upland buffers around wetlands and water bodies, prime farmland,
natural meadows, critical wildlife habitat, and sites of historic, cultural
or archaeological significance.