The Town Board of the Town of Schodack hereby
elects to adopt the provisions of and exercise the powers granted
by § 281 of the Town Law and hereby grants to the Planning
Board of the Town of Schodack the full authority set forth thereby.
Pursuant to the provisions of § 281
of the Town Law of the State of New York, the purpose of this Article
is to enable and encourage flexibility of design and development of
land in such a manner as to promote the most appropriate use of land,
to facilitate the adequate and economical provision of streets and
utilities, to preserve the natural and scenic qualities of open lands
in order to provide larger areas of open space, both for recreational
and conservational purposes, and in order to implement the objectives
of this chapter.
A.
This Article shall be applicable only to land zoned
for residential purposes in the Town of Schodack and which are in
the RA Residential Agricultural Zoning District under this chapter,
but nothing herein shall be construed to limit the existing authority
of the Planning Board to control the layout of subdivisions or the
design of site plans in any other district or zone.
B.
As provided in § 281(a) of the Town Law,
if the owner makes written application to avail himself of the provisions
of this Article, the Planning Board may use the authority given to
it hereunder at the discretion of the Planning Board if, in said Board's
judgment, its application would benefit the town.
C.
The Planning Board's authority to vary or modify zoning
requirements, as limited by § 281 of the Town Law and by
this Article, may be employed to impose conditions for the approval
of any plat by the Planning Board, without regard to whether the owner
makes application for the same, if the condition is imposed in order
to ensure that the plat complies with any of the requirements of this
Article or if the condition is imposed in order to perpetuate the
existence of or prevent the despoilation or degradation of environmentally
sensitive areas or historic places, whether on or off the site.
D.
This Article shall apply only to land which shall
be a contiguous parcel a minimum of five acres in size. In addition,
it shall be determined by the Planning Board:
(1)
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.
(2)
That the proposed development creates a residential
environment that is in conformity with the objectives of this Article.
(3)
That the application of this procedure shall result
in a permitted number of building lots and/or dwelling units which
shall in no case exceed the number which could be permitted, in the
Planning Board's judgment, if the land were subdivided into lots conforming
to the minimum lot area and density requirements of the zoning requirements
of this chapter as applicable to the district or districts in which
such land is situated and conforming to all other applicable requirements.
(4)
That the development would be in harmonious agreement
with adjacent residential developments, if any exist, and where providing
an alternative type or architectural style of housing would benefit
the town.
(5)
That the development proposal guarantees permanent
retention of open space areas and ensures the care and maintenance
of the same.
E.
In approving a plat, in accordance with the provisions
of this Article, the dwelling units permitted may be, at the discretion
of the Planning Board and subject to the conditions set forth by the
Town Board, in detached, semidetached or attached structures.
F.
Where the applicant can demonstrate that the characteristics
of his holdings meet the objectives of this Article, the Planning
Board may consider parcels of lesser acreage.
A.
In determining the density for a cluster development,
the Planning Board shall first determine the area for which such density
calculation shall be made.
B.
The calculation of the area shall not include easements,
existing parks, existing streets or otherwise dedicated land; water
areas in excess of 5% of the minimum gross acreage; lands designated
on the Official Map for public purposes; or land undesirable by reason
of topography, drainage or adverse subsoil conditions.
C.
Prior to the establishment of the overall density,
the owner shall provide the Planning Board with a sketch plan of the
site showing how it may be subdivided in a conventional manner conforming
to the zoning requirements of this chapter for that district or districts.
D.
As stated herein, the overall density established
by the Planning Board shall be no greater than would normally be achieved
under the standard subdivision development procedure.
A.
The application of this procedure shall result in
the preservation of land on the plat in its natural state for passive
recreational, open space, archaeological or historical resources.
The Planning Board, as a condition of plat approval, may establish
such requirements on the ownership, use and maintenance of such lands
as it deems necessary to assure the preservation of such lands for
their intended purposes. The details as to use and ownership shall
be recorded by the owner as required by the town. Such requirments
shall be approved by the Town Board prior to final approval and filing
of the plat.
B.
The open space created by the use of the provisions
of this Article must be clearly labeled on the subdivision plat as
to its use and the rights of the owners in the subdivision as well
as whether it is to be dedicated ultimately to the town or other governmental
body or to an approved private or conservation corporation or to a
homeowners' association or otherwise under conditions meeting with
Planning Board approval. Such open space is to be preserved in perpetuity,
and the Planning Board may require an open space easement running
to the town as a condition of approval.
C.
If said lands are to be offered for dedication to
the town, the Town Board may require that such conditions shall be
approved by the Town Board before said plan shall be approved for
filing.
D.
Homeowners' association.
(1)
If the open space or an open space easement therein
is not to be dedicated to the town or other governmental authority
or to an approved private conservation corporation, the applicant
must either, simultaneously with the filing of the map, create a property
owners' association or neighborhood corporation embracing all property
owners within the cluster subdivision and providing for adequate contributions
for maintenance of said open space or otherwise satisfy the Planning
Board with regard to the maintenance of said open space.
(2)
If a homeowners' association is selected by the Planning
Board as the method of maintenance of the open spaces to be preserved,
the following must be adhered to:
(a)
The property owners' association must be set
up before lots are sold.
(b)
Membership must be mandatory for each lot buyer
and any successive buyer, or each lot created must be legally required
by duly filed covenants and restrictions to pay to the property owners'
association a yearly fee to be used for maintenance of the open space.
(c)
The open restrictions must be in perpetuity,
not just for a given period of years.
(d)
The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
(e)
Property owners must pay their pro rata share
of the cost, and the assessment levied by the association can become
a lien on the property.
(f)
The association must be able to adjust the assessment
to meet changed needs.
(g)
The applicant shall make a conditional offer
of dedication binding upon the property owners' association for all
open space to be conveyed to the association, such offer to be accepted
by the town, should it so choose, upon the failure of the property
owners' association to take title to the open space from the applicant
or other current owner, or upon dissolution of the association at
any future time.
The Planning Board may approve uses for open
space, and these uses will be clearly indicated on the final map.
A.
The Planning Board may approve recreational uses such
as wooded park areas, bridle paths, hiking trails, etc.
B.
The Planning Board may approve conservational uses
such as open woodland, wetlands, slopes, escarpments or farm fields.
C.
The Planning board may approve cultural aspects such
as historic places and buildings and archaeological sites and such
open spaces which will assure that each of the above cultural aspects
are adequately protected in the public interest.
D.
Areas for active recreation which are to contain substantial
improvements, impervious surfaces and other alterations from their
natural state shall not constitute open space hereunder.