The purpose of this step is to determine feasibility
of the project before the owner has invested a substantial amount
of money.
A.
The owner shall present such information as the Board
may require.
B.
The Board shall inform the owner on general subdivision
requirements as well as particular requirements for the subdivision
under review, as dictated by the Master Plan, Official Map or other
considerations.
C.
The preapplication conference may take place at any
time acceptable to the Board.
[Amended 8-1-2019]
A.
The owner shall present a conceptual submission at a Planning Board
meeting. The date of the conceptual submission shall be the date of
the meeting at which it is presented. Submit two full-size copies
(24 inches by 36 inches), 15 eleven-inch-by-seventeen-inch copies
of the subdivision plan and 15 copies of the completed EAF and subdivision
plat residential project application form. Submit a PDF file of each
document.
B.
The Board shall communicate to the owner, in writing, within 45 days,
a decision concerning the conceptual submission. If the conceptual
submission is approved, the Board shall express its approval as conditional
approval and state specific modifications, if any, which shall be
required in the preliminary submission. If modifications are required,
the reasons therefor shall be given.
C.
If the conceptual submission is disapproved, the Board shall state
the reasons for its disapproval.
D.
(Reserved)
E.
If the conceptual submission is disapproved, resubmission may be
made with no additional application fee required. A resubmission made
after six months from the date of disapproval may be treated like
a new submission and require a new conceptual review and fee.
F.
Approval of the conceptual submission relates only to the general
ideas presented for the subdivision and is neither legally formal
nor binding upon the Planning Board. Additional modifications to the
subdivision which were not specifically required under the approval
of the conceptual submission may be required for approval of the preliminary
submission and/or final submission.
A.
The owner shall present a preliminary submission at
a Planning Board meeting. The date of the preliminary submission shall
be the date of the meeting at which it is presented.
B.
Proposed subdivisions falling under § 239-i
and 239-n of the General Municipal Law, which would refer to any lands
that fall within 500 feet of any state- or county-owned lands, waterways,
roads, highways, rights-of-way, etc., shall be made available to the
County Planning Board.
C.
A field walk by any individual Board member, with the owner, may
be required. Temporary stakes showing street center lines may be required.
[Amended 8-1-2019]
D.
The Board shall hold a public hearing on the proposed subdivision
within 62 days of the date of the preliminary submission. Notice of
said public hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing.
[Amended 8-1-2019]
E.
The Board shall communicate to the owner, in writing,
within 45 days after the public hearing, its decision concerning the
preliminary submission. If the preliminary submission is approved,
the Board shall express its approval as conditional approval and state
specific modifications, if any, which shall be required in the final
submission. If modifications are required, the reasons therefor shall
be given. The time in which the Planning Board must take action on
such plat may be extended by mutual consent of the owner and the Planning
Board. Within five days of the approval of the preliminary plat, it
shall be certified by the Clerk of the Planning Board as granted preliminary
approval and a copy filed in his office and a certified copy mailed
to the owner.
F.
If the preliminary submission is disapproved, the
Board shall state the reasons for its disapproval.
H.
If the preliminary submission is disapproved, resubmissions
may be made with no additional fees required. A resubmission made
after six months from the date of disapproval may be treated like
a new submission and require a new preliminary review and fees.
I.
Preliminary submission shall include the following:
[Amended 12-7-2006 by L.L. No. 4-2006; 8-1-2019]
(1)
If construction is to precede final review, two full-size prints
of the plat, development map and plan/profiles shall be submitted
which meet the requirements for final submission.
(2)
Fifteen copies and two full-size copies of the preliminary
overall subdivision plan shall be submitted in eleven-inch-by-seventeen-inch
size for distribution to the Board. A PDF should be emailed to the
Executive Secretary for the Planning Department.
(a)
Preliminary plat to a scale not smaller than
50 feet to the inch, drawn accurately to scale, with dimensions shown,
and including all the information required for a final plat, except
monuments and iron pipes and the certification of standards of accuracy,
shall be included.
[1]
In addition, highways or other major public
or private improvements planned for future construction on or near
the proposed subdivision, including those shown on the Official Map
or Master Plan, shall be shown.
[2]
All contiguous land owned or under option by
the owner shall be shown with percolation tests, soil-boring data
and subsurface information. The Town's Engineer(s) and/or Building
Inspector shall be present to witness the digging of test holes.
[3]
Water elevations and subsurface information,
including groundwater elevation, shall be noted where appropriate.
(b)
A plan/profile for each street, with a horizontal
scale of no more than 50 feet to the inch and vertical scale of no
more than five feet to the inch, showing all the information required
for the final submission of a plan/profile, except that approximate
stationing may be shown. In addition, profiles of the present surface
shall be shown on the center line and both right-of-way lines of all
streets and on the center line of all easements. All building lots
shall be shown on the plan, showing the existing and proposed grades
with positive drainage away from all structures. Limits of clearing
shall also be shown on the grading plan.
(c)
All sheets shall not exceed 30 inches by 42 inches and shall
not be less than 11 inches by 17 inches. When more than one sheet
is required, all shall be the same size, and an overall plan of the
same size shall be provided showing the entire subdivision and utilities
at a smaller scale.
(d)
In addition to the required drawings, the following
information shall be submitted as part of the preliminary submission:
[1]
Response letter to Town Review letter.
[2]
Approved zoning variance shall be submitted.
[3]
Conditions of dedication of areas proposed to
be dedicated to public use.
[4]
Preliminary designs of bridges and culverts
(final designs if construction is to proceed final review).
[5]
A draft of any protective covenants whereby
the owner proposes to regulate land use in the subdivision and otherwise
protect the proposed development.
(e)
A fee shall be paid with the preliminary submission which is set forth in Chapter 63 of this Code, and no fees shall be waived or accepted in lieu of green areas.
(f)
More detailed information may be required by
the Planning Board as a part of the preliminary submission in special
cases.
A.
If the preliminary submission is approved, the owner
shall present a final submission at a Planning Board meeting within
six months of the date of conditional approval.
B.
In the event that a final submission of the entire
subdivision or part of it is not made within six months from the date
of the conditional approval, the application may be considered withdrawn
and any conditional approval or waivers of required improvements by
the Board may be considered lapsed.
C.
The date of the final submission shall be the date
of the meeting at which it is presented.
D.
The final submission shall conform to the approved
preliminary submission and shall contain any modifications specified
by the Board. If desired by the owner, and approved by the Planning
Board, residential subdivisions consisting of 50 or more lots may
include a portion of the approved preliminary plat, which s/he proposes
to record and develop at that time, provided that such portion conforms
to all requirements of these regulations.
[Amended 9-5-2002; 8-1-2019]
E.
Within 62 days from and after the time of the public
hearing, if any, the Board shall approve, modify and approve, grant
conditional approval or disapprove the final submission and communicate
its decision to the owner, in writing.
F.
Under certain conditions, the Board may waive this
second hearing (§ 276 of Town Law). In the event that the
hearing is waived, Board action shall be within 62 days of submission.
G.
If the final submission is approved by the Board,
an appropriate notation to that effect shall be made of the fact on
the original Mylar of the final plat submitted to the Board. One copy
shall be returned to the owner, and two copies shall be retained by
the Board for its records.
H.
The owner shall file the approved final plat with
the office of the County Clerk within 62 days after approval by the
Board. If the final plat is not filed within this time, the approval
shall expire, as provided in § 276 of the Town Law.
[Amended 8-1-2019]
I.
The owner may obtain building permits and begin building
construction only after filing of the final plat in the office of
the County Clerk.
J.
If the final submission is disapproved, resubmissions
may be made with an additional fee required. A resubmission made after
six months from the date of disapproval may be treated like a new
submission and require a final review and fee. No additional application
fee shall be required.
K.
Final submission shall include the following:
(1)
Final plat, including one copy drawn in ink on Mylar
or black-line prints on reproducible permanent material acceptable
to the Board, plus required number of prints for outside agency submittal,
prints to a scale not smaller than 50 feet to the inch showing the
following:
[Amended 12-6-2001; 8-1-2019]
(a)
All existing and proposed property lines, building
setback lines, easements and right-of-way lines with dimensions, azimuths
or angle data and curve data.
(b)
All monuments, iron pipes and benchmarks; Town land to have
monuments set at road frontage and C.I.R.S. at locations required
by the Town Engineer.
(c)
The names of the owners of all adjacent properties.
(d)
Street names, existing and proposed.
(e)
All property reserved by the owner or dedicated
to public use.
(f)
A house number for each lot, which corresponds to the requirements in § 109-27G of this chapter, which shall also be the lot number.
(g)
A North arrow.
(h)
A standard title block; a signature block five inches by three
inches high.
(i)
A key map.
(j)
The proposed use of each lot.
(k)
Standards of accuracy meeting Town of Wilton
requirements shall be noted on the map and certified by a land surveyor
registered in New York State.
(l)
Contour lines at two-foot intervals to United
States Geological Survey datum.
(m)
Watercourses, marshes, rock outcrops and other
important land features.
(n)
Right-of-way lines, street paving and street
stationing.
(o)
Sanitary sewers, storm drains, gas lines and
waterlines with all appurtenances, as required by the Planning Board.
(q)
The final plat shall contain the signature and
seal of a professional engineer registered in New York State or a
qualified land surveyor under § 7208, Subdivision n, of
the Education Law.
(2)
A plan/profile of each street and utility easement,
including one copy drawn in ink on Mylar or blackline prints on reproducible
permanent material acceptable to the Board, plus five prints, with
a horizontal scale of not less than 50 feet to the inch and a vertical
scale of not less than five feet to the inch showing the following:
[Amended 12-6-2001]
(a)
All pavement, storm drains, sanitary sewers,
gas lines and waterlines with all appurtenances, as required by the
Planning Board.
(b)
Pavement and utility stationing, including all
horizontal and vertical control point and grades.
(c)
The signature and seal of a professional engineer
registered in New York State or a qualified land surveyor under § 7208,
Subdivision n, of the Education Law.
(d)
A North arrow.
(e)
A standard title block.
(f)
All lettering shall be neat and legible.
(3)
All sheets shall be 30 inches by 42 inches and shall
not be less than 8 1/2 inches by 14 inches. When more than one
layout sheet is required, all shall be the same size and an index
sheet of the same size shall be provided, showing the entire subdivision
to an appropriate scale.
(4)
In addition to the required drawings, the following
documents shall be submitted as part of the final submission:
(a)
A deed description and proof of ownership of
the land to be subdivided.
(b)
An offer of cession, in a form approved by the
Planning Board, of all land included in streets, walks, easements
and recreation areas not specifically reserved by the owner. If required
by the Board, there may be a payment in lieu of the offer of recreation
areas. Approval of the plat does not constitute acceptance of the
offer of cession.
(c)
A certificate of adequacy of the proposed water
supply and sewerage services as require by the Department of Health
and/or the Environmental Conservation Department of the State of New
York and the Wilton Water and Sewer Authority.
(e)
Protective covenants in form for recording,
including covenants governing the maintenance of unceded public spaces
or reservations.
(f)
The final design of bridges and culverts, unless
included in preliminary submission.
(g)
Such other certificates, affidavits, endorsements
or agreements as may be required by the Planning Board in the enforcement
of these regulations.
(h)
A stormwater pollution prevention plan consistent with the requirements of §§ 129-205 through 129-210 of this Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 129-206. The approved final subdivision plat shall be consistent with the provisions of Chapter 129, Article XXVIII.
[Added 12-7-2006 by L.L. No. 4-2006]
(5)
More detailed information may be required by the Planning
Board as a part of the final submission in special cases.
[Amended 8-1-2019]
The Planning Board may consult with the Town
Building Inspector, Fire Commissioners, Town Highway Superintendent,
Town Engineer and/or designated engineering consultants for the Town,
other local and county officials, the New York State Health Department,
Department of Environmental Conservation and Department of Transportation.
A.
Payment of fee in lieu of land.
(1)
The owner shall offer to the Town usable land equal
in size to 5% of the owner's subdivided tract. This land shall be
used by the Town of Wilton for parks, playgrounds or for other specific
public recreational uses as deemed desirable by the Town when deemed
desirable by the Town.
(2)
However, if the Planning Board should consider that 5% of the total area would not be useful for a public purpose or if the dedication of land within the subdivision would not conform to the Master Plan or Official Map, the owner shall pay to the Town a fee as provided in Chapter 63, Fees, per lot included in the plat. This payment shall not be used by the Town for any purpose other than the purchase of land and the development of land and facilities to be used for public recreational use serving the subdivision.
B.
Land to be offered. Unique and scenic areas and those
areas bordering streams, lakes or other watercourses may be given
special consideration by the Planning Board should they be desirable
for public open spaces. Where such sites and open spaces are not shown
on the Master Plan and where deemed essential by the Planning Board
upon consideration of the particular type of development proposed
in the subdivision, and especially in large-scale neighborhood unit
developments, the Planning Board may recommend that the Town Board
require the offering or reservation of areas in excess of the minimum
of 5%. Under such conditions, a money payment at a fair market value
determined at the time the application for approval of the final subdivision
plat is made to the Planning Board shall be made to the owner to compensate
his loss in excess of the contribution of 5%.
[Amended 8-1-2019]
C.
The determination of the value of the land upon which
money payments shall be based shall be made by a board of three, consisting
of a representative of the Town, a representative of the owner and
a third person acceptable to the other two parties. All costs involved
shall be borne equally by the Town and the owner.
[Added 10-6-2005, as revised 11-10-2005]
A.
Purpose and intent. The purpose of this regulation
is to implement the recommendations in the Town of Wilton Comprehensive
Plan. This regulation guides the design, review and approval process
for developments that preserve open land, reduce sprawl, enhance visual
character, and practice environmental conservation. This regulation
shall be used as a tool to effectively manage the impacts of rapid
residential growth on community character, quality of life, and natural
resources. Conservation subdivision design is the required technique
for residential subdivisions involving 10 or more lots, and regulations
and related standards in this section shall apply. Subdivisions involving
less than 10 lots are encouraged to use the conservation subdivision
design.
[Amended 8-1-2019]
B.
CONSERVATION SUBDIVISION DESIGN (CSD)
DEDICATED OPEN SPACE
DENSITY CALCULATION AREA
REGULATED LANDS
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Conservation subdivisions are characterized by common open
space and clustered compact lots. The purpose of a conservation subdivision
is to protect farmland, open space and natural resources while allowing
for the maximum number of residential lots under current community
zoning and subdivision regulations.
Lands within or related to a development that are intentionally
set aside to be preserved as open space, and which are designed and
intended for the common use of and often for the enjoyment of the
residents of the development. These are lands intentionally set aside
for the protection of unregulated open space such as woodlands, farmland,
and scenic viewsheds. These lands may include complimentary structures
and improvements and regulated lands. Public access may be permitted
through easements or other means.
The total area of land subject to the application minus the
regulated lands. The lot density is derived by dividing the density
calculation area by the minimum lot size of the underlying zoning
district, except in the R-1 zone when served by both municipal water
and sewer, divide by 20,000 square feet; when served by either municipal
water or sewer, divide by 30,000 square feet; or when served by neither
municipal water or sewer, divide by 40,000 square feet.
[Amended 3-2-2006; 8-1-2019]
Freshwater wetlands as mapped pursuant to federal
and/or NYSDEC designated wetlands;
Water sources as classified pursuant to NYSDEC
stream classification system or delineated under the Town's stream
resource management guidelines;
Slopes in excess of 15%;
Other areas of significance as may be identified
by the Town of Wilton's Open Space, Recreation and Pathways Plan.
C.
Planning Board review and waiver authority. Review
and permit authority is through the Planning Board. The Planning Board
may waive the conservation subdivision design in the case where there
are minimal environmental constraints, including NYSDEC or ACOE wetlands,
hydric soils or soils with high water tables, DEC classified streams,
slopes greater than 15%, known ecologically sensitive habitats, and
where there are no lands with other open space value as determined
by the Planning Board. If the Planning Board determines that a conservation
design is impractical, unfeasible or does not meet the objectives
of this section it may waive any further review required by this section.
D.
Procedural elements. Each step of the design process
must be discussed and approved of by the Planning Board with fees
paid prior to conceptual design. Additional costs may also be levied
for experts needed by the Planning Board.
(1)
Density and open space area calculations.
(a)
Lot density and dedicated open space calculation.
[1]
Step One: Total area of land subject to the
application/land owned by the applicant minus the regulated lands
= buildable land.
[2]
Step Two: Buildable land minus 15% = density
calculation area.
[3]
Step Three: density calculation area divided by the zoning density (or average lot size to be used for the appropriate R-1 zone case as spelled out in Subsection B, definitions) equals total permitted number of lots.
[Amended 3-2-2006]
[4]
Step Four: Apply a minimum of 35% to the density
calculation area and this shall become the required dedicated open
space. Where regulated lands represent more than 50% of the total
land area, a minimum of 15% of the developable land shall be reserved
for the dedicated open space.
(b)
See attached table for examples of conservation
subdivision calculations.
|
Examples of Conservation Subdivision
V. Conventional Subdivision
[Added 10-6-2005, as revised
11-10-2005]
| ||
|---|---|---|
|
Conservation Subdivision —
Example A
|
Conservation Subdivision —
Example B
|
Conventional Subdivision
|
|
Hypothetical Scenario:
|
Hypothetical Scenario:
|
Hypothetical Scenario:
|
|
Lot Area = 100 acres
|
Lot Area = 100 acres
|
Lot Area = 100 acres
|
|
Regulated Lands = 20 acres
|
Regulated Lands = 60 acres
|
Regulated Lands = 20 acres
|
|
Step One: Buildable Land Area
|
Step One: Buildable Land Area
|
Step One: Buildable Land Area
|
|
Lot Area minus Regulated Lands:
|
Lot Area minus Regulated Lands:
|
Lot Area minus Regulated Lands:
|
|
100 acres — 20 acres = 80 acres
|
100 acres — 60 acres = 40 acres
|
100 acres — 20 acres = 80 acres
|
|
Step Two: Density Calculation
Area
|
Step Two: Density Calculation
Area
|
Step Two: Density Calculation
Area
|
|
Buildable Land minus 15%1:
|
Buildable Land minus 15%1:
|
Not applicable
|
|
80 acres - 12 acres = 68 acres
|
40 acres - 6 acres = 34 acres
| |
|
Step Three: Total Permitted Number
of Lots
|
Step Three: Total Permitted Number
of Lots
|
Step Three: Total Permitted Number
of Lots
|
|
Density Calculation Area divided by
Zone Density
|
Density Calculation Area divided by
Zone Density
|
Density Calculation Area divided by
Zone Density
|
|
68 acres ÷ 80,000 square feet
= 37 lots
|
34 acres ÷ 80,000 square feet
= 19 lots
|
80 acres ÷ 80,000 square feet
= 44 lots
|
|
Step Four: Dedicated Open Space
|
Step Four: Dedicated Open Space
|
Step Four: Dedicated Open Space
|
|
Regulated Lands that represent less
than 50% of total require 35% reserved for Dedicated Open Space:
|
Regulated Lands that represent more
than 50% of total require 15% reserved for Dedicated Open Space:
|
Not required
|
|
80 acres x 35% = 28 acres of Dedicated
Open Space
|
40 acres x 15% = 6 acres of Dedicated
Open Space
| |
|
Step Five: Land for Lot Layout
|
Step Five: Land for Lot Layout
|
Step Five: Land for Lot Layout
|
|
Buildable Land Area minus Dedicated
Open Space:
|
Buildable Land Area minus Dedicated
Open Space
|
Not applicable
|
|
80 acres - 28 acres = 52 acres available
for lot layout
|
40 acres — 6 acres = 34 acres
available for lot layout
|
80 acres available for lot layout
|
|
Average lot size:
|
Average lot size:
|
Average lot size:
|
|
52 ÷ 37 = 1.4 acres (60,984
sf) avg. lot size
|
34 acres ÷ 19 lots = 1.8 acres
(78,408 sf) avg. lot size
|
80 ÷ 44 = 1.8 acres (78,408
sf) avg. lot size
|
|
Subdivision Yields:
|
Subdivision Yields:
|
Subdivision Yields:
|
|
28 acres of open space
|
6 acres of open space
|
20 acres of open space
|
|
52 acres developed
|
34 acres developed
|
80 acres developed
|
|
37 houses
|
19 houses
|
44 houses
|
|
Shorter road — less cost for
construction and maintenance
|
Shorter road — less cost for
construction and maintenance
|
Longer road — more cost for construction
and maintenance
|
|
Less disturbance, more vegetation preserved
|
Less disturbance, more vegetation preserved
|
More disturbance, less vegetation preserved
|
|
NOTE:
| |
|---|---|
|
1
|
Allowance for internal roads and circulation.
|
(2)
Submittal requirements.
(a)
A preapplication review conference is required. Attendees will include the applicant, a Town Board and Planning Board member, and any additional persons as determined by the Supervisor. The primary purpose of this conference is to introduce the potential applicant to the intent of the standards and procedures of this section and to identify potential environmental concerns. Developers shall provide a map with only regulated lands and remaining lands identified plus an outline of the ownership, use and maintenance of the dedicated open space. Subsections E, F and G describe the specific dimensional requirements, design process, design standards, and ownership, use and maintenance of dedicated open space areas.
(b)
Conceptual subdivision plan. The developer must
meet with the Planning Board to discuss the proposed development and
should do so before expending significant engineering funds. Materials
needed for the discussion shall include:
[1]
Site Context Map, which illustrates the parcel in relation to
its adjacent neighborhoods. This map should be to scale and show various
kinds of major natural resource areas or features as identified by
the Town of Wilton, particularly if they cross parcel lines or adjoining
lands. Also, it is recommended that a GIS aerial photograph with the
parcel boundary overlaid be included. A phantom aerial image with
parallel boundaries overlaid shall be included with the submission.
[Amended 8-1-2019]
[2]
Site Analysis Map, which locates and describes
noteworthy resources that should be protected. This map identifies
topography, boundaries, intended density and the location of special
resources and features. Special resources and features include wetlands
and steep slopes greater than 15%, mature woodlands, hedgerows, farmland,
unique or special wildlife habitats, historic, archeological or cultural
features, vistas, unusual geologic formations, and scenic views onto
and off of the parcel. Water bodies, significant or endangered plant
life (where readily definable), and probable soil composition should
also be identified on the Site Analysis Map. Site context and analysis
maps may be combined. All maps should be provided at a scale from
one inch equals 100 feet to one inch equals 200 feet.
[3]
Alternative layout(s) for the proposed development,
as identified in the preapplication review conference.
(c)
Preliminary subdivision design plan: The preliminary
design is a formalization of the conceptual design and shall be done
by a certified professional. It shall be developed in the following
manner:
[1]
Verify the extent of the regulated lands regulated
by law. Graphically represent the limitations imposed by this regulation
identified in the Site Analysis Map.
[2]
Identify dedicated open space areas, including proposed improvements such as trails. Also identify the intended plan for the ownership, use and maintenance of the dedicated open space in accordance with Subsection G.
[3]
Locate the housing sites in a fashion that respects
the intent of this section, plus delineates the private yards and
shared amenities so as to provide a rational integrated community.
[4]
Align the streets and community pathways to
adequately connect the previously established residential sites.
(d)
Development of septic systems, roads, sidewalks
and stormwater control must meet the Town standards. When planning
for stormwater control, the Town may require access to certain areas
of the dedicated open space.
(e)
The final subdivision design plan represents
the project's final submittal and should contain the final, detailed
engineering drawings of the agreed upon subdivision design. The plan
shall include standard notations, plot plan, buildable areas for residences,
restricted conservation lands, circulation roadway/pathway designs,
stormwater control measures, landscaping, septic system designs, soil
examination test results, water quality reports, and water quantity
estimates.
(f)
Residential cluster subdivisions (including
conservation subdivision designs) shall be approved by the Planning
Board simultaneous with their approval of the subdivision plat pursuant
to the "Town of Wilton Subdivision Regulations" or its replacement
or update. Public hearings shall be held as required by Town law.
E.
Dimensional requirements.
(1)
Minimum lot requirements for conservation subdivision
designs are set at the following levels:
(a)
Lots with municipal sewer and water: no minimum
lot size.
(b)
Lots with municipal water only: 30,000 square
feet per lot.
[Amended 8-1-2019]
(c)
Lots with municipal sewer only: 30,000 square
feet per lot; a hydrogeological study and associated testing shall
be required for a subdivision of 10 or more lots that include any
lot(s) with on-site water to determine the availability of reliable
on-site water. A consultant from a list approved by the Town Board
shall perform the hydrogeological study. The hydrogeological study
may be waived at the discretion of the Planning Board.
(d)
Lots with on-site sewer and water: 40,000 square
feet per lot. A hydrogeological study and associated testing shall
be required for a subdivision of 10 or more lots with any lot(s) that
include on-site sewer and water to determine the availability of reliable
on-site water. A consultant from a list approved by the Town Board
shall perform the hydrogeological study. The hydrogeological study
may be waived at the discretion of the Planning Board.
(2)
Applicants are encouraged to modify lot size, shape,
and other dimensional requirements for lots within a conservation
subdivision design, including applying average lot density, which
increases design flexibility by permitting a wider range of lot sizes.
Average density allows individual lots in a conservation subdivision
design to be a variety of sizes as long as the average density of
all the lots equals the minimum density of the underlying zoning.
All lot modifications are subject to the following limitation:
(b)
At least 50% of the required road frontage and
setbacks (except R-1 side yard setback, which shall be no less than
20 feet) for the underlying zoning district shall be maintained in
the conservation subdivision design unless the Planning Board otherwise
authorizes a reduction.
[Amended 3-2-2006]
F.
Design standards. The following design standards shall
apply to all conservation subdivision designs and shall govern the
development and design process:
(1)
Any dedicated open space, unless conveyed to the Town,
shall include the Town's standard language for easements across dedicated
open space areas.
(2)
The dedicated open space shall be perpetually preserved
exclusively for the purposes set forth herein, and maintained in a
manner which will ensure its suitability for its intended purposes.
(3)
Dedicated open space shall be contiguous where practicable
and possible. Contiguous shall be defined as being connected. These
areas should, if possible, form a continuous whole that ties together
with similar areas on similar sites, creating the potential for a
network of green space extending throughout the community. Dedicated
open space will still be considered connected if a roadway or an accessory
amenity separates it. The Planning Board may waive this requirement
for all or part of the required areas where it is determined that
allowing noncontiguous dedicated open space will promote the goals
of this section.
(4)
The landscape shall be preserved in its natural state,
insofar as practicable, by minimizing tree and soil removal. Any grade
changes shall be in keeping with the general appearance of the adjacent
neighboring areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover, and natural drainageways shall be treated as fixed determinants
of road and lot configuration rather than as flexible elements that
can be changed to follow a preferred development scheme.
(5)
Streets and drainage facilities shall be designed
and located in such a manner as to maintain and preserve natural topography,
significant landmarks, and trees; to minimize cut and fill; and to
preserve and enhance views and vistas on or off the subject parcel.
Ownership of stormwater facilities such as detention areas will be
at the discretion of the Town Board. Ownership shall be determined
prior to final approval and noted on final plans.
(6)
The removal or disruption of historic, traditional
or significant uses, structures, or architectural elements shall be
minimized insofar as practicable, whether these exist on the site
or on adjacent properties.
(7)
The conservation subdivision design should be separated
from neighboring development by a visual buffer consisting of natural
and landscaped material, as determined by the Planning Board.
(8)
Pedestrian and bicycle trails shall, at the discretion
of the Planning Board, be provided to link residences with parking
areas, recreation facilities (including parkland and public open space)
and adjacent land uses where appropriate or in accordance with any
other adopted Town planning document.
(9)
The location of stockpiles of demolition debris, fill
material, topsoil, etc. shall be identified.
G.
Ownership, use, and maintenance of regulated lands
and dedicated open space.
[Amended 1-5-2015 by L.L. No. 1-2015]
(1)
The
applicant shall consult with the Planning Board to determine the interest
and need regarding the ownership, use, and maintenance of regulated
lands and dedicated open space areas prior to conceptual approval
of a conservation subdivision. Lands may be conveyed to the Town for
passive or active recreational use, public facilities, infrastructure,
or other such uses as determined by the Town Board. The Town’s
implementation of this need may be in the form of an easement, regulation,
restriction, or fee ownership of land. The Planning Board shall provide
a recommendation to the Town Board for lands identified in the conservation
subdivision proposal for dedication. Land dedication to the Town requires
Town Board approval. If lands offered by the developer are accepted
by the Town Board, the subdivision may receive a ten-percent density
bonus for potential allowance of additional lots. The calculated density
bonus quantity shall be rounded down to nearest whole number.
(2)
If
the Town of Wilton does not accept lands, the ownership, use, and
maintenance of regulated lands and dedicated open space areas shall
occur under one or more of the following conditions:
(3)
Dedicated
open space areas may be used for a mix of activities, such as wildlife
habitat and conservation, historic preservation, education, outdoor
education, recreation, park purposes, agriculture, horticulture, forestry,
or a combination of these uses, and shall be served by suitable access
for such purposes. Wastewater and stormwater management systems serving
the conservation subdivision design may also be located within the
dedicated open space area.
(4)
If
the open space is to be owned and maintained by a homeowners’
association, it is the intent of the conservation subdivision design
that the HOA own and maintain more uses than just open space lands
and stormwater drainage systems. The Planning Board will review what
the HOA owns and maintains. Possible additional ownership considerations
may include, but are not limited to, sidewalks, lighting, roadways,
accessory buildings, recreational facilities and equipment, stormwater
structures, utility components, and the like.
