The design standards of this article shall be incorporated in all proposed
plans.
Land shall be suited to the purposes for which it is to be subdivided.
In addition to other conditions imposed by the Board to ensure that the unique
physiographic features of a site are taken into account in development, the
following provisions shall guide the Planning Board in its review:
A. Subdivisions laid out on land subject to periodic flooding shall not be approved unless adequate safeguards against such hazard are provided by the plan, including such improvements and design features as are necessary to comply with the requirements in Chapter
87 of the Town of Farmington Town Code, entitled "Flood Damage Prevention," (also known as Local Law No. 2 of 1987, as may be amended from time to time).
B. Subdivisions of land characterized by steep slopes, rock
formations or other such features shall be approved only if problems related
to street grades and cross-sections, water supply, sewer lines and stormwater
runoff have been found by the Planning Board to have been resolved adequately
in the plan.
C. Subdivisions of land characterized by existing streams,
trees and other natural features which are found by the Planning Board to
contribute significantly to the aesthetic appeal of a particular area shall
only by approved if the Board finds these features to have been preserved
in the plan to the maximum extent practicable.
D. Subdividers of land shown on the Town Official Zoning
Map as being within a mapped Environmental Protection Overlay District or
subdivisions of land otherwise deemed by the Planning Board to be appropriate
for preservation of open space are required to submit at least one plan reflecting
modification of those particular zoning law provisions which impede the preservation
of the natural and scenic qualities of land and its most appropriate use.
Wherever practical, natural features of the property being subdivided
shall be preserved.
A. The subdivision must be designed to preserve natural
features and the existing vegetation shall be preserved by the subdivider
during development to the fullest extent possible. Special precaution shall
be taken to protect existing trees and shrubbery during the process of grading
the lots and roads. Where any land other than that included in public rights-of-way
is to be reserved for public or common use, the developer shall only remove
such trees and other vegetation from the land so reserved as are specifically
designated for removal on the plan approved by the Planning Board.
B. Where a subdivision is traversed by natural surface water,
the boundaries and alignment of the body of water shall be preserved unless
the Planning Board finds that a change would enhance the subdivision development
and be ecologically sound.
C. Every effort shall be taken by the subdivider in designing
a project to preserve unique physical features, such as historic landmarks
and sites, rock outcroppings, hilltop lookouts and desirable natural contours.
D. The subdivision design shall encourage the continuation
of agricultural practices, consider the effect the proposed development will
likely have on agricultural practices continuing on the balance of the site
and/or surrounding parcels, and shall consider the effects such design shall
have on minimizing the impedance of such practices.
[Amended 10-9-2007 by L.L. No. 5-2007]
All lots shall be laid out and graded to provide positive drainage away from buildings and shall be in full compliance with Chapter
90 of the Code of the Town of Farmington.
[Amended 5-27-2003 by L.L. No. 3-2003]
A. Legislative authority. The Town Board of the Town of
Farmington enacts this section of the Code of the Town of Farmington pursuant
to its authority under New York State Town Law § 278.
B. Purpose. The Town Board finds that certain lands may not lend
themselves to conventional development as designated by their zoning district.
This section is established to enable and encourage flexibility of design
in the development of land in such a manner as to:
(1) Permit the most appropriate use of land;
(2) Preserve the natural and ecological qualities of environmentally
sensitive lands; and
(3) Provide larger areas of open space, both for recreation and for
environmental conservation purposes.
C. Objectives. Among the objectives to be achieved by the Planning
Board's modification of zoning law provisions simultaneous with plat approval
are:
(1) The creative use of land so as to establish a more desirable
living environment than would be possible through the strict application of
Town zoning standards;
(2) The preservation of environmentally sensitive areas, such as,
but not limited to, surface water, freshwater wetlands, ridgelines, stands
of trees, outstanding natural topography, glaciated features and areas of
archeological significance. Areas to be preserved also include environmentally
sensitive areas;
(3) The prevention of soil erosion and avoidance of other negative
environmental impacts;
(4) The prevention of imprudent development within delineated flood
hazard areas;
(5) The encouragement of innovative and flexible design and layout
of residential housing subdivisions to preserve open space by permitting housing
units to be clustered without increasing overall housing density;
(6) The design of developments that are in harmony with the character
of the area and environmental sensitivities of a particular site; and
(7) The design of developments which otherwise further the legislative
intent of Town Law § 278, as amended.
D. Modifications authorized. The Planning Board is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the New York State Town Law, to modify applicable provisions of Chapter
165 of the Town of Farmington Code, as permitted by New York State Town Law § 278 as amended, and in accordance with the cluster development provisions set forth in the section.
E. General provisions. The Planning Board's authority to modify provisions of Chapter
165 of the Town of Farmington Code simultaneously with the approval of a plat includes the following:
(1) The Planning Board may require the subdivider to submit an application reflecting such modification if the Board finds that to do so would serve the legislative authority and objectives set forth in this section and in Town Law § 278, as amended. Furthermore, submission of a plat reflecting such modification is an absolute requirement for the subdivision of all lands to meet the stated objectives of clustering as defined in Chapter
165 of the Town Code and delineated upon the Town Official Zoning Map; and
(2) All plats submitted which propose or require modification of
zoning law provisions simultaneously with plat approval shall conform to the
additional requirements of this section.
F. Number of dwelling units or building lots permitted.
(1) The maximum permitted number of dwelling units or building lots
shall be determined by reference to a plan showing the maximum number of lots
which could exist on the adjusted total developable gross area of the parcel
that the Planning Board could approve if the land were subdivided and developed
in strict conformance with the dimensional requirements of the particular
zoning district in which the land is located.
(2) Project density shall be based only upon the amount of adjusted
total developable gross area of the parcel that is available for development.
The following areas shall not be shown as developable and may not be used
in computing the usable or developable land or considered as part of the gross
area of the site:
(a) Land that is located within a flood hazard area;
(b) Land having slopes in excess of twenty percent (20%);
(c) Land that is within an officially designated freshwater wetland,
or within a designated wetland buffer area;
(d) Land that is occupied by a public utility and/or structures;
(e) Land that is within a drainage control area or right-of-way;
and
(f) Land that is otherwise found by the Planning Board to be unsuitable
for development.
(3) The adjusted total developable gross area of the parcel, as determined in Subsection
F(1) and
(2) above, shall then be used to compute the maximum number of dwelling units or building lots permitted.
G. Minimum size of building lots permitted. In order to prevent
a concentration of small lots occurring within a cluster development project
on a parcel of land, the following minimum lot size standards shall apply:
(1) In the R-1-15 Residential Single-Family District, where a site
has both public water and sewer service, not more than 25% of the adjusted
total developable gross area shall contain lots of 10,000 square feet, not
more than 25% of the adjusted total developable gross area shall contain lots
of 12,500 square feet and the balance of the adjusted total developable gross
area shall contain lots of 15,000 square feet or more.
(2) In the RS-25 Residential-Suburban District, where a site has
both public water and sewer service, not more than 25% of the adjusted total
developable gross area shall contain lots of 15,000 square feet, not more
than 25% of the adjusted total developable gross area shall contain lots of
20,000 square feet and the balance of the adjusted total developable gross
area site shall contain lots of 25,000 square feet or more.
(3) In the RR-80 Rural/Residential District, where a site has public
water service and where the site has soils that can accommodate a conventional
septic system which is based upon documented percolation and deep hole tests,
not more than 50% of the adjusted total developable gross area shall contain
lots of 25,000 square feet, provided said lots shall be able to operate on
a conventional septic system. The balance of the adjusted total developable
gross area site shall contain minimum lots of either 40,000, or 80,000 square
feet or more in the manner provided for in said RR-80 District.
(4) In the NB, Neighborhood Business District, where a site has public
water but no public sewer service, the minimum lot size shall be 25,000 square
feet. Where public sewer and water service exists, then not more than 25%
of the total developable gross area shall contain lots of 15,000 square feet,
not more than 25% of the adjusted total developable gross area shall contain
lots of 17,500 square feet and the balance of the adjusted total developable
gross area shall contain lots of 20,000 square feet or more.
(5) In the GB General Business District, the RB Restricted Business
District, the GI General Industrial District and the LI Limited Industrial
District, where a site has both public water and public sewer service, not
more than(50% of the adjusted total developable gross area shall contain lots
of 25,000 square feet and the balance of the site shall contain lots of minimum
square footage required in the respective zoning districts. Where a site has
only public water service, then the minimum lot size shall be the minimum
square footage required in the respective zoning districts.
H. Process and information requirements. The approval process and information requirements for a project requiring the Planning Board's modification of zoning law provisions shall be pursuant to subdivision procedures described in Article
II of this chapter regardless of whether land to be held in common is to be subdivided or is to remain a single parcel.
I. Procedures. These procedures may be followed at the discretion of the Planning Board, if, in said Board's judgment, the application of these procedures would benefit the Town. If an application affects one of the areas identified in Subsection
F above, then the following procedures shall apply:
(1) The applicant under this Section shall present two sketch plans at the time of application, under §
144-23 or
144-24 of these regulations. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within this chapter and Chapter
165 of the Town of Farmington Code. The other shall be a layout outlining development of the parcel in the form of a cluster development. The applicant shall present two environmental assessment forms for the development of the parcel under both scenarios
(2) Upon submission of an application under this Section, the applicant
shall present all information required by the Town of Farmington Code supplemented
by evidence of the consistency of the proposed cluster development with the
criteria to be used by the Planning Board in rendering its decision. Such
evidence shall include a written statement describing the natural features
to be preserved or enhanced by the cluster approach. The statement should
also compare the impacts upon the town from a conventional subdivision layout
to the impacts of the cluster development for which application is being sought.
J. General design requirements. The Planning Board shall observe
the following general design requirements when considering action to approve
a cluster development plat:
(1) A cluster development shall meet all requirements for a subdivision
in accordance with prevailing Town law and any other federal, state and local
law, with the exception of the minimum lot size required and the front, side
and rear setbacks.
(2) The minimum distance between structures on separate lots without
public sewer and water service, which make up a cluster development, shall
be based upon the minimum lot sizes and setbacks required by the New York
State Department of Health for the operation of private wells and septic systems.
(3) The minimum lot widths for lots in a cluster development occurring
on new subdivision streets shall be not less than 100 feet. The minimum lot
widths for lots in a cluster development occurring along existing state, county
or town roads shall not be less than 75% of the average lot widths occurring
along said road and within the same zoning district for a distance of 1,000
feet in each direction from the subject site(s).
(4) Each building in a cluster development shall be an integral element
of an overall concept for the site. The concept should take into consideration
all requirements of this section and all other relevant sections of this chapter
and other town legislation.
(5) The overall development shall be designed in such a way as to
maximize the preservation of the site's contiguous environmentally sensitive,
cultural or recreational resource features by providing a design that results
in minimal disturbance to these features.
(6) The areas to be dedicated for open space purposes, including
playgrounds and parks, shall be in an amount, location, quality and contiguous
shape as is desirable for accessibility to all developed properties and open
space preservation, as determined by the Planning Board.
(7) Where possible, all land not contained within the lots, road
rights-of-way or designated preserve land shall be contiguous and of such
size and shape as to be usable for recreation and/or open space.
K. Permitted uses. Permitted uses, accessory uses and special permitted uses in a cluster development shall be the same as those allowed in Chapter
165, Zoning, of the Town of Farmington Code where the development is proposed to be located. The provisions of this Section shall not be deemed to authorize a change in the permissible use of such lands as provided in Chapter
165.
L. Open space.
(1) All land not included in building lots or road rights-of-way
shall be designated as open space. Open space within a development shall equal
or exceed the difference between the total land area required for building
lots under a conventional subdivision and the total land area required for
building lots under the proposed cluster development.
(2) Where a cluster development abuts a body of water, a usable portion
of the shoreline should be a part of the open space.
M. Actions by the Planning Board.
(1) The Planning Board may mandate cluster development of a subdivision
application, if the proposed development complies with the standards of this
section and other relevant laws and if, in the Board's opinion, based upon
review of evidence about the site, traditional site layout would result in
the elimination or permanent alteration of any portion of a site that contains
unique environmental features such as drumlins, freshwater wetlands, landfill
sites, steep slopes, and drainage systems, including but not limited to control
areas or drain tiles on adjacent farmland and sites listed on state or federal
registers.
(2) In the event that the criteria listed in Subsection
M(1) above is not met by the proposed development, the Planning Board may approve a voluntary application for cluster development if, in its opinion, the development of the site in a cluster design shall achieve one or more of the following objectives:
(a) The proposed cluster development will better protect natural
resources located on the site than conventional site layout.
(b) The proposed cluster development shall contribute to town-wide
open space planning by creating or complementing a system of permanently preserved
open spaces.
(c) Sufficient evidence has been presented by the applicant to document
that the proposed cluster development shall foster housing for special sectors
of the community, including those groups identified in the Comprehensive Plan
as populations which may require special housing initiatives to meet their
particular needs (e.g., elderly residents, first-time homebuyers, etc.).
N. Reservation of open space lands.
(1) As a condition of final plat approval of a cluster development,
a perpetual conservation restriction and/or other rights to property shall
be placed upon open space land which have the minimum effect of restricting
development permanently and allowing use of such open land only for agriculture,
forest management, active or passive recreation, watershed protection, wildlife
habitat or other open space use and prohibiting residential, industrial or
commercial use, pursuant to the open space requirements of this chapter.
(2) Open space created by the use of cluster development shall be
clearly labeled on the final plat as to its shape, use, ownership, management,
method of preservation and the rights to such land, if any, of the property
owners of the subdivision and the general public. The plat should clearly
identify that the open space is permanently reserved for open space purposes
and shall not be platted for building lots or other development. It shall
indicate the liber and page of any conservation restriction(s) or deed restrictions
required to be filed to implement such reservation of open space. f the open
space is to be owned in common with others, the applicant shall provide for
the ownership, management and rights to such lands by means of an entity acceptable
by the Town Board.
O. Maintenance of open space lands.
(1) Intent. Because open spaces are an inherent part of clustered
developments, the Planning Board shall take special measures for the protection
and regulation of these areas to ensure that an acceptable system for their
permanent maintenance (e.g., a land trust where the developer pays all fees
associated with the ongoing land management) is provided.
(2) Submission requirements. The developer shall submit a detailed
proposal for the maintenance of common lands and/or open space as part of
the preliminary plat.
(3) Town dedication of land. In the event the developer proposes
to dedicate the common lands and/or open space to the Town, the Planning Board
shall refer such proposal to the Town Board for its consideration and determination.
No further action shall be taken on the proposed preliminary plat until such
time as the Town Board has made its determination on whether to accept the
land being offered.
(4) Property owners' association. All other open spaces shall be maintained, unless otherwise approved by the Planning Board, in accordance with Subsection
O(5) below, by a homeowners' association or alternate legal equivalent, and shall not be conveyed or otherwise transferred or disposed of without the consent of the Planning Board.
(5) Alternate means of maintenance of open lands. The following methods
will be considered as alternate means to maintain open spaces:
(a) In the case of continual ownership of the clustered development
or portion thereof by a sole owner, partnership, corporation or other legal
means, deed restrictions protecting open spaces from further development shall
be submitted to the Town Attorney for review and approval to the Planning
Board
(b) Any alternate method for protection and preservation of open
lands and common areas shall be submitted at the sketch plan stage to the
Planning Board for review. Any alternate proposals will also be referred to
the Town Attorney for review and comment. The Planning Board may require any
additional information it deems necessary to conduct an adequate review of
the alternative proposal(s).