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.
D. 
The Planning Board shall advise as to feasibility and any special considerations for the subdivision design. A field walk with the owner may be required.[1]
[1]
Editor's Note: Former Subsection D, requiring the owner to furnish copies of a sketch plan, was repealed 12-6-2001.
[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.
G. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection G, which provided that the action of the Board shall be noted on two copies of the preliminary submission form, one to be returned to the owner and one to be retained by the Board, was repealed 8-1-2019.
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.
[6] 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 129, Article XXVIII. The SWPPP shall meet the performance and design criteria and standards in Chapter 129, Article XXVIII.
(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.
(p) 
Street name signs. Contact the Highway Department for standard sign design.
[Amended 4-7-2022]
(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 required by the Department of Health and/or the Environmental Conservation Department of the State of New York and the Wilton Water and Sewer Authority.
(d) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection K(4)(d), which provided that a completed Town of Wilton final submission form shall be submitted, was repealed 8-1-2019.
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONSERVATION SUBDIVISION DESIGN (CSD)
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.
DEDICATED OPEN SPACE
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.
DENSITY CALCULATION AREA
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]
REGULATED LANDS
(1) 
Freshwater wetlands as mapped pursuant to federal and/or NYSDEC designated wetlands;
(2) 
Water sources as classified pursuant to NYSDEC stream classification system or delineated under the Town's stream resource management guidelines;
(3) 
Slopes in excess of 15%;
(4) 
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.
[4] 
A written discussion of how the developer has addressed the intent of this section as stated in Subsection A, Purpose and intent.
(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.
[5] 
Draw property lines so that no property is less than the required minimum lot sizes stated in Subsection E of this section.
(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: 20,000 square feet per lot size.
[Amended 4-4-2024]
(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:
(a) 
All lots must meet the minimum standards set forth in Subsection E, above.
(b) 
At least 50% of the required road frontage and setbacks (side yard setback, shall be no less than 20 feet) for the underlying zoning district shall be maintained in the conservation subdivision design.
[Amended 3-2-2006; 4-4-2024]
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:
(a) 
Through a homeowners’ association (required to be reviewed and filed with the Town).
(b) 
On individual lots with deed restrictions or conservation easements.
(c) 
By conveyance to a private or public land trust or government entity.
(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.