In accordance with the procedures, standards and conditions herein specified, the Planning Board may, in approving a subdivision plat under Chapter 167 of the Code of the Town of Greenwich, permit clustered subdivisions in accordance with § 278 of the Town Law.
The purpose of the cluster provisions is to
encourage flexibility in the design and development of land in order
to promote its most environmentally sensitive use, to preserve open
space and agricultural land, to facilitate the adequate and economic
provision of streets and utilities and to encourage compatibility
with the goals and objectives of the Town of Greenwich Comprehensive
Plan and this chapter.
A.
All developments of five or more lots in the RA District
may be required to submit a clustered subdivision plan for consideration
by the Planning Board.
B.
A subdivision of five or more lots in any district
that is located on prime agricultural soils and/or soils of statewide
importance shall be required to submit a clustered subdivision plan
for consideration by the Planning Board.
C.
The Planning Board may, at its discretion, require
an applicant to prepare a clustered subdivision plat in any district
in accordance with this section where it finds that the objectives
of this chapter and the Comprehensive Plan are best served by doing
so.
D.
An applicant may request the use of this section at
his/her discretion.
This article applies only to residential subdivisions.
Application for a clustered subdivision shall be submitted to the
Planning Board. The application shall be accompanied by the following.
A.
Preliminary review. The Planning Board shall first
review the standard plan and determine the number of lots that constitute
a reasonable subdivision of the land. The permissible density of a
clustered subdivision shall not be more than could be feasibly laid
out and approved by the Planning Board on a standard plan, taking
into account the following characteristics:
(1)
Whether the site is a significant open space area.
(2)
Whether the site has prime agricultural soils or soils
of statewide significance.
(3)
Whether a significant plant or animal habitat exists
on the site or may be impacted by the development of the site.
(4)
Whether there are wetlands on or near the site that
may be affected by the development.
(5)
Whether there are streams on or near the site that
may be affected by the development.
(6)
Whether there are slopes greater than 15% on the site
that may be affected by the development.
(7)
Whether there are soils with a percolation rate of
less than 0.06 per inch or greater than six inches per hour that may
be affected by the development.
(8)
Whether there are soils with a depth to bedrock of
less than 18 inches that may be affected by development.
(9)
Whether there are soils with a depth to seasonal high
water table of 40 inches or less that may be affected by development.
(10)
Whether there are scenic views of the site that
may be affected by the development.
(11)
Whether there are buildings, structures or sites
of historic significance on or adjacent to the development site.
Only those residential uses allowed in the zoning
district in which the clustered subdivision is proposed are permitted.
Each clustered open space subdivision shall
result in the preservation of land for park, recreation, conservation,
agricultural or other open space purposes as follows:
A.
The open space shall have access, shape, dimensions,
character, location and topography suitable for the purpose intended,
as determined by the Planning Board.
B.
The open space land shall be shown on the plat map
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.
C.
A perpetual conservation easement limiting the use
of the land to recreational, open space, agricultural, or managed
forest land purposes and prohibiting residential, commercial or industrial
use of such 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 the Town, with the approval of
the Town Board, or to an approved not-for-profit conservation organization
acceptable to the Planning Board. Such conservation easement shall
be reviewed and approved by the Planning Board and be required as
a condition of plat approval hereunder and shall be recorded in the
Washington County Clerk's office simultaneously with the filing of
an approved clustered subdivision plan.
D.
Open space land may be owned in common by a homeowners'
association, dedicated to the Town, held by a qualified not-for-profit
organization, or held in private ownership in one or more large parcels,
provided that in all cases, it is protected by conservation easement
from further subdivision and development. The Planning Board shall
ensure that proper provision has been made for ownership and maintenance
of the open space land. The Planning Board may require the funding
of an endowment for the permanent monitoring, maintenance and protection
of open space. Such funds may be held by the Town or by an organization
approved by the Town. Ownership by a homeowners' association 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 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.
