In the Town of Rhinebeck, conservation subdivision, pursuant to Article V, § 125-43, of the Zoning Law and § 278 of New York State Town Law, is a permitted use in all zoning districts and is the preferred approach to protecting the nationally significant scenic, historic, natural and rural resources of the community. Conventional subdivision in strict accordance with the District Schedule of Area and Bulk Regulations found in Article IV of the Zoning Law[1] requires the issuance of a special use permit in most zoning districts in accordance with Article VI of the Zoning Law. The Planning Board is empowered to approve conservation subdivision, to the extent provided within the Zoning Law, so that the design and development of land is carried out in such a manner as to preserve the natural and scenic qualities of open lands, to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to maintain rural character and environmental quality through preservation of large tracts of open space land. Conservation subdivision is a more flexible approach to land development than conventional subdivision. It is intended as an alternative to conventional subdivision's rigid and sprawling pattern of suburban development that occurs when lots and dwelling units are laid out in a uniform pattern over the landscape, generally with little regard for valued natural, cultural and scenic resources.
The following shall be the standards and procedure utilized
by the Planning Board in reviewing applications for approval of a
conservation subdivision within the Town of Rhinebeck.
A.
Preapplication conference. A preapplication conference discussion
with the Planning Board is required for both conservation and conventional
subdivisions. At the preapplication conference, the Planning Board
and the subdivider shall review of the manner in which the subdivision
will be designed, either conservation or conventional. If conservation
subdivision is proposed by the subdivider or required by the Planning
Board, the additional requirements of this article shall apply.
B.
Sketch plan. A subdivider shall present the conservation sketch plan and a yield subdivision plan, which is fully consistent with all of the criteria established by these Subdivision Regulations, including lots being fully consistent with the District Schedule of Area and Bulk Regulations found in Article IV of the Zoning Law.[1] Upon review of the yield subdivision plan, the Planning
Board shall by resolution determine the number of lots that could
be accommodated on the land under a conventional subdivision approach,
and, thus, the number of lots or dwelling units that would be authorized
through application of the conservation subdivision process.
C.
Lands for park, recreation, open space or other community purpose.
Conditions regarding the long-term ownership, use, maintenance and
permanent protection of all common lands within a conservation subdivision
shall be set forth by the subdivider in consultation with the Planning
Board.
D.
The following minimum standards shall be strictly met:
(1)
The open space land, which shall meet the minimum open space requirements of Article V, § 125-43H(1), of the Zoning Law, shall be shown on the plat and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space purposes.
(2)
A perpetual conservation easement leaving the land forever wild or limiting use of such land to agricultural, managed forest land, passive recreational or open space use as permitted by Article V, § 125-43L(2), of the Zoning Law and prohibiting residential or commercial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be agreed upon by the Planning Board and shall be required as a condition of plat approval hereunder, shall not be amendable to permit commercial or residential development, and shall be recorded in the Dutchess County Clerk's office simultaneously with the filing of an approved conservation subdivision plat.
(3)
Open space land may be owned in common by a homeowners' association, dedicated to the Town, or held in non-common private ownership by one or more property owners subject to a permanent conservation easement. The Planning Board shall assure that proper provision has been made for ownership and maintenance of the open space land in accordance with Article V, § 125-43M, of the Zoning Law. 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 all individual owners in the homeowners' association and the dwelling units they each own. Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to assure that the open space land does not detract from the character of the neighborhood.
E.
Plat submission. Upon determination that such sketch plan is suitable
for the procedures hereunder and subsequent resolution by the Planning
Board authorizing the subdivider to proceed, a preliminary plat meeting
all of the requirements of the resolution shall be presented to the
Planning Board within six months, and thereafter the Planning Board
shall proceed with the required public hearings and satisfy all other
procedural requirements of these regulations.
F.
Filing; notation on Zoning Map. On the filing of the final plat in
the Office of the Dutchess County Clerk in which conservation subdivision
has been used, the subdivider shall file a copy with the Town Clerk,
who shall make appropriate notations and reference thereto on the
Town Zoning Map. The Clerk of the Planning Board shall notify the
Building Inspector when such a subdivision plat is filed.
