[Added 1-18-2001 by L.L. No. 1-2001; amended 1-16-2003 by L.L. No. 3-2003; 5-8-2003 by L.L. No. 5-2003; 5-10-2007 by L.L. No. 5-2007; 11-18-2010 by L.L. No. 6-2010; 6-4-2020 by L.L. No. 2-2020]
The Town Board hereby finds that it is to the benefit of both property owners and the Town to promote the conservation of Somers' remaining open space lands, to preserve the Town's environmentally sensitive areas in their natural state, to encourage subdivisions that are compatible with the natural topography and any on-site cultural features that may exist and to protect Somers' existing aesthetic qualities. It is therefore the purpose of this article to enable and encourage flexibility of design and development of land in such a manner as to accomplish the above, wherever practicable, including facilitating the adequate and economical provision of streets and utilities, protecting areas of meaningful ecological, architectural, archaeological, scenic and historic value (including roadside vistas), preserving proposed open space areas as shown on the Town Plan Map in the Planning Board's Comprehensive Master Plan and reserving suitable lands for park and recreation purposes.
The Planning Board of the Town of Somers is hereby authorized, simultaneously with the approval of a subdivision plat(s), to modify applicable provisions of this chapter, subject to the limitations, procedures, conditions and requirements as set forth in this Article IIIA as well as the applicable requirements of the Town's Regulations for the Subdivision of Land (Chapter 150 of the Town Code) and § 278 of the Town Law, so as to create conservation subdivisions.
A. 
This procedure may be followed at the discretion of the Planning Board if, in said Board's judgment, its application would benefit the Town by satisfying one or more of the purposes as set forth in § 170-13.1. In the event that the Planning Board makes a determination that a conservation subdivision plan is appropriate, but the property owner does not present such a plan to the Board, the Planning Board is hereby authorized to require said owner to submit such a plan as a condition for the further consideration of the owner's subdivision application.
B. 
This authorization shall be applicable only to land in the Town's Residence R120, R80 and R40 Districts.
C. 
This authorization shall be applicable only to parcels of land greater than or equal to 12 acres in size.
D. 
Notwithstanding Subsection C above, this authorization shall be applicable to the parcel of land comprising 7.1 acres located west of Tomahawk Street, Route 118, and identified on the Tax Map of the Town of Somers as Sheet 16.09, Block 1, Lot 9.
A. 
The number of building lots or dwelling units permitted within a conservation subdivision shall in no case exceed the number that would be acceptable, in the judgment of the Planning Board, if the land were subdivided into lots conforming to all normally applicable requirements of this chapter and all other chapters of the Town Code, the Westchester County Department of Health Regulations and all other applicable governmental requirements. Where a proposed conservation subdivision is located within two or more contiguous zoning districts, the Planning Board may approve a plat representing the cumulative density as derived from the summing of all building lots or dwelling units allowed in all such districts and may authorize actual construction to take place in all or any portion of one or more of such districts. In all cases, the basis for the Planning Board's density determination shall be a conventional preliminary subdivision plat found acceptable by said Board, plus such other information as may be required by them.
B. 
The type of residential dwelling units permitted within a conservation subdivision shall be limited to one-family detached dwellings, unless otherwise specifically authorized on a case-by-case basis by the Town Board. Other permitted principal and accessory uses shall be the same as those otherwise permitted in the zoning district(s) in which the property is located.
C. 
Each conservation subdivision plat shall indicate areas within which structures and/or lots may be located; all minimum or maximum dimensional requirements, as appropriate; the proposed height and spacing of buildings; the locations of proposed open spaces; and, where appropriate, landscaping, streets, driveways and off-street open or enclosed parking spaces; plus any other such features as may be required by the Planning Board.
D. 
Within the framework of the limitations as set forth in this Article IIIA, in the Land Subdivision Regulations (Chapter 150) and in § 278 of the Town Law, the Planning Board shall establish, on a case-by-case basis, the appropriate modifications of lot and building dimension requirements which said Board determines are necessary or appropriate to properly accomplish the purposes as set forth in § 170-13.1 and which are consistent with the protection of private property values and the preservation of the character of land and buildings on neighboring sites.
(1) 
Notwithstanding the foregoing flexibility afforded to the Planning Board in connection with the review and approval of conservation subdivision plats, the following minimum dimensional standards shall apply, unless otherwise specifically authorized on a case-by-case basis by the Town Board:
Minimum Size of Yards in Feet from Principal Building to Lot Lines
Zoning District
Minimum Lot Area
(square feet)1,2
Minimum Width at Front Lot Line
(feet)3
Front Yard
One Side Yard
Two Side Yards
Rear Yard
Residence R120
60,000
150
40
30
55
50
Residence R80
40,000
125
35
30
50
50
Residence R40
25,000
100
30
25
40
40
NOTES:
1
The requirements of § 170-58.3 of this chapter with respect to environmentally sensitive lands shall apply within conservation subdivisions.
2
The requirements of § 170-58.4A of this chapter with respect to minimum buildable areas for single-family lots shall apply within conservation subdivisions.
3
In approving a conservation subdivision plat, the Planning Board is also authorized to reduce the minimum required width at the front lot line to not less than 15 feet so as to permit the use of common driveways, shared by three or less homes, where said Board determines that such reduction would be important in order to achieve one or more of the purposes as set forth in § 170-13.1 of this chapter, and further provided that the minimum lot width beyond the driveway access area shall be no less than that required in the table above. In so doing, the Planning Board may establish special setback standards for both principal and accessory buildings on such lots, which setbacks shall be shown on the subdivision plat.
(2) 
Notwithstanding the maximum building coverage and floor area ratio permitted in the zoning district in which the lot is located, a one-family detached dwelling in a conservation subdivision shall not be required to occupy less than 3,600 square feet in the R120 District, 3,200 square feet in the R80 District and 2,400 square feet in the R40 District, and the maximum permitted floor area shall not be required to be less than 6,000 square feet in the R120 District, 4,800 square feet in the R80 District and 3,600 square feet in the R40 District.
(3) 
All other dimensional standards and requirements of the district in which the property is located shall apply, other than as modified above.
E. 
Conservation subdivisions shall result in the preservation of open space or conserved land areas having meaningful scenic, ecological, environmental, recreational and/or buffer value, which open spaces shall have such access and be of such shape, size and location as determined appropriate by the Planning Board to satisfy the intended purpose. The permanent preservation of all open space shall be legally assured to the satisfaction of the Planning Board by the filing of appropriate covenants, deed restrictions, easements or other such legal agreements in such form as may be found acceptable by the Town Attorney. All open space shall also be subject to the following specific conditions:
(1) 
The ownership of all open space areas shall either be divided equally among all owners of building lots within the conservation subdivision, except where all or an appropriate portion of such lands is deeded to a recognized conservation organization dedicated to the preservation of open space and such dedication is acceptable to both the conservation organization and the Town Planning Board; or unless such lands are offered for dedication to the Town of Somers and the Town Board has voted to accept such offer; or shall be divided among all owners of building lots having such open space areas on their respective lots.
(2) 
Except in those cases where the ownership of the open space is to be vested in the Town of Somers or an approved conservation organization, the subdivider shall execute and file with the Planning Board such documents as, in the opinion of the Town Attorney, will be sufficient to create a property owners' association responsible for the continued ownership, use and maintenance of all such areas in accordance with the following requirements:
(a) 
Membership in the association must be mandatory for each property owner within the subdivision and for any successive property owners.
(b) 
All restrictions on the ownership, use and maintenance of open space must be permanent.
(c) 
The association must be responsible for liability insurance, local taxes and the permanent maintenance of the open space, including any active recreation areas and related facilities incorporated therein.
(d) 
Each lot owner within the subdivision shall be made responsible for paying a proportionate share of the association's costs, and the assessment levied by the association shall become a lien on the lot owner's property if not paid.
(e) 
The association shall have the power to adjust assessments to meet changing needs.
(f) 
In the event that the maintenance, preservation and/or use of any of the open space areas ceases to be in compliance with any of the above requirements or any other requirements specified by the Planning Board when approving the subdivision plat, the Town of Somers shall be granted the right to take all necessary action to assure such compliance and to assess against the association and/or each individual property owner within the subdivision all costs incurred by the Town for such purpose.
(g) 
The establishment of such an association shall be required prior to the approval of the final plat.
(3) 
Except where otherwise approved by the Planning Board, all open space areas shall be preserved in their natural state, and the use of such areas shall be limited to appropriate conservation, open space and recreation purposes as determined by the Planning Board.
F. 
The requirements for the reservation of land for park or playground purposes, and/or the payment of a fee in lieu thereof, shall be the same in conservation subdivisions as set forth in § 150-24 of the Town's Regulations for the Subdivision of Land (Chapter 150 of the Town Code). If the reservation of land is deemed necessary by the Planning Board, said reserved land area must be depicted on both the conventional and conservation subdivision layouts.
G. 
Noncontiguous parcels.
(1) 
The Planning Board may, on a case-by-case basis, utilize the authorization granted by § 170-13.2 of this Article IIIA to treat as a single conservation subdivision the subdivision of two or more parcels of real property which are not contiguous, provided that:
(a) 
If the proposed parcels, or any portion thereof, are located within different school districts, no development shall be permitted to be transferred from one school district to another.
(b) 
Such parcels are located no more than 500 feet apart, measured at their nearest points of proximity.
(c) 
The application of Article IIIA to such parcels will, in the judgment of the Planning Board, serve the purposes of Article IIIA and of this chapter.
(2) 
When an application is made to the Planning Board to apply the provisions of Article IIIA to noncontiguous parcels, the proposed plan shall be referred to the Town Board to afford the Town Board an opportunity to make a recommendation or comment on the application. In any case in which the Planning Board determines to apply the provisions of Article IIIA to noncontiguous parcels as permitted pursuant to this subsection, the number of acceptable conventional building lots resulting when all such parcels are taken in the aggregate, as determined by the Planning Board pursuant to § 170-13.3A, may be approved for construction on any one or more of such parcels.
H. 
Section 150-20E of the Code of the Town of Somers sets forth low-impact development design features and best-management practices which are to be incorporated in conservation subdivisions.
A. 
Each proposed conservation subdivision application shall be accompanied by a written statement specifically describing how it is intended to accomplish the purposes as set forth in § 170-13.1 of this chapter and a conventional preliminary subdivision plat prepared to a sufficient level of detail as determined necessary by the Planning Board in order to allow them to make the necessary density determination.
B. 
Conservation subdivision applications shall be subject to review and public hearing by the Planning Board in accordance with the same procedures otherwise applicable to conventional subdivision plats.
C. 
Upon the filing of a conservation subdivision plat in the office of the Westchester County Clerk, a copy shall also be filed with the Town Clerk, who shall make appropriate notations and references thereto on the official copy of the Town Zoning Map.