A.
The Planning Board, in considering an application for the subdivision of land, shall be guided by the policy considerations specified in § 205-3 of these regulations and the following standards.
B.
Preservation of existing features. Existing features which would
add value to residential development, such as large trees, watercourses,
historic spots, scenic views, and similar irreplaceable assets, should
be preserved, insofar as possible, through harmonious design of the
subdivision. Development shall cause minimum disturbance to existing
landscaping and Village streetscapes. Topsoil shall not be removed
from the site except with approval of the Planning Board.
The purpose of this article is to ensure that the highest standards of site, building and landscape design are conscientiously met through the use of qualified technical and aesthetic judgment compatible with the Village of Athens Comprehensive Plan. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article III herein. The Planning Board shall review the following standards as part of the preliminary plat and ensure that all standards are met in the approved final plat. As part of this review, the Planning Board shall refer to the Village of Athens Comprehensive Plan and the architectural and design guidelines as they may be developed.
Where the Board finds that certain data and information are not required for a complete application, it may waive the regulations upon written request of the applicant, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter, Chapter 250, Zoning, or the State Environmental Quality Review Act. Where the Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. All requests for waivers from the information requirements of Article IV or any other provision of this chapter shall be submitted in writing and shall identify each provision, section or part for which a waiver is sought and shall include a statement with reasons supporting such waiver(s).
A.
Circulation system. The circulation system within a subdivision shall
allow for different kinds of transportation and shall include streets,
sidewalks and other pedestrianways. Where public transit service is
available or planned, convenient access to transit stops shall be
provided. The street system shall provide functional and visual links
within the residential neighborhoods and shall be connected to existing
and proposed external development.
(1)
Pedestrian circulation. Any existing pedestrian routes through the
subdivision shall be preserved and enhanced. All streets, except alleys,
shall be provided with continuous sidewalks on one or on both sides
of the street. Sidewalks shall be five feet wide and constructed of
concrete, masonry materials, or slate. Asphalt sidewalks are prohibited.
Any new sidewalk shall be connected to existing sidewalks. Sidewalks
shall comply with all applicable requirements of the Americans with
Disabilities Act.
(a)
Crosswalks shall be provided at all street intersections and
shall be clearly marked with contrasting paving materials at the edges
or with striping.
(b)
Where feasible, bicycle routes through the subdivision shall
be created. Facilities for bicycle travel may include off-street bicycle
paths (shared with pedestrians and other nonmotorized uses). Linkages
to adjacent developments and neighborhoods with pedestrian and bicycle
paths are required where physically feasible.
(2)
Motor vehicle circulation. The street system shall act as a functional
and visual link between the subdivision and existing built and unbuilt
areas in the Village. Motor vehicle circulation shall be designed
to minimize conflicts with pedestrians.
(a)
Traffic-calming features, such as curb extensions, medians,
road narrowings, surface textures, and modified intersections with
narrowed intersection radii, may be used to encourage slower traffic
speeds.
(b)
When not indicated in the Comprehensive Plan or on the Official
Map, if such exists, the classification of new streets in a subdivision
shall be determined by the Planning Board according to the following:
[1]
Residential streets provide primary access to individual residential
properties and connect streets of lower and higher function. These
streets are designed to handle 750 to 1,000 average daily vehicle
trips, shall have a sixty-foot right-of-way designed to carry traffic
at 30 miles per hour, have twenty-two-foot paved widths (two eleven-foot
travel lanes) and with parking allowed on one or both sides. Curbing
is required along with a minimum three-foot planting strip between
the curb and the sidewalk.
[2]
Alleys provide secondary access to residential properties where
street frontages are narrow or where alley access development is desired.
Alleys may also provide delivery access or alternate parking access
to residences or structures. Utilities shall run along alleys wherever
practical. Alleys shall have a twelve-foot to sixteen-foot right-of-way,
be designed for a speed of 10 miles per hour, have two eight-foot
travel lanes for two-way traffic or one twelve-foot lane for one-way
traffic, and have no sidewalks or planting strips. Curbs and gutters
are required only at corners of intersections with other street types.
Alleys shall be treated as private streets and shall not be dedicated
to the Village. Alleys may be dedicated to a property owners'
association or may be dedicated as common easements across the rear
portions of lots. Any lot having access from an alley shall additionally
front a public street.
B.
Street design and layout.
(1)
Location and construction. Streets shall be suitably located and
adequately constructed to conform to the Comprehensive Plan and to
accommodate the prospective traffic and afford access for firefighting,
snow removal and other road maintenance equipment. The orientation
of streets should enhance the visual impact of common open spaces
and prominent buildings and minimize street gradients.
(2)
The street layout shall form an interconnected system of streets
primarily in a rectilinear grid pattern. New development should maintain
the existing street grid pattern of the Village. Where a tract is
subdivided into lots substantially larger than the minimum size required
in the zoning district in which a subdivision is located, such parcels
shall be arranged so as to allow the opening of future streets and
logical further resubdivision in accordance with the requirements
contained in this section.
(3)
All streets shall terminate at other streets, except low-volume residential
streets may terminate as a dead end only when such streets act as
connections to future phases of development or when there is a connection
to a pedestrian or bicycle path network at the terminus.
(4)
Culs-de-sac and other roadways with a single point of access shall
be used only where no other alternatives exist. Use of T- or Y-shaped
turnarounds or eyebrow streets (a small loop that functions as an
access street and parking area and usually incorporates landscaped
islands) is preferable. Where culs-de-sac are deemed to be unavoidable,
continuous pedestrian circulation shall be provided for by connecting
sidewalks that link the end of the cul-de-sac with the next street.
Culs-de-sac shall be limited in length to 400 feet with a bulb 45
to 50 feet. A larger bulb will be acceptable only if landscaped islands
are included. There shall be a maximum of 12 lots served by one cul-de-sac.
Streets shall be arranged to provide for the continuation of principal
streets between adjacent properties where such continuation is necessary
for convenient movement of traffic, effective fire protection, efficient
provision of utilities, and particularly where such continuation is
in accordance with the Village Comprehensive Plan (as it may be adopted).
If the adjacent property is undeveloped and the street must be a dead-end
street temporarily, the right-of-way and improvements shall be extended
to the property line. A temporary circular turnaround a minimum of
50 feet in radius shall be provided on all temporary dead-end streets,
with the notation on the plat that land outside the street right-of-way
shall revert to abutters whenever the street is continued.
(5)
Intersections of minor streets with arterial or collector streets
shall be held to a minimum to avoid hazard and delay. Such intersections
shall be at least 800 feet apart, if possible. A distance of at least
150 feet shall be maintained between center lines of offset intersecting
streets. Grades shall be limited to no more than 2% within 50 feet
of an intersection.
(6)
The center line of a street shall cross an intersecting street as
a straight line. Street jogs with center-line offsets of less than
125 feet shall be avoided. All intersections shall be at right angles
where practical but in no case shall be less than 75°.
(7)
Blocks generally shall not be less than 300 feet nor exceed 500 feet
in length. Block dimensions shall be at least twice the minimum lot
depth and generally not more than 12 times the minimum lot width.
(8)
The street plan of a proposed subdivision shall bear a logical relationship
to the topography of the property, and all streets shall be arranged
so as to obtain as many of the building sites as possible at or above
the grade of the streets. Grades of streets shall conform as closely
as possible to the original topography.
(9)
To slow turning vehicle traffic and shorten the length of pedestrian
crosswalks, the curb radii shall be rounded by a tangential arc with
a maximum radius of 15 feet. The intersection of a local street and
an alley shall be rounded by a tangential arc with a maximum radius
of 10 feet.
(10)
Clear sight triangles shall be maintained at intersections unless
controlled by traffic signal devices as follows:
(a)
Low-volume residential street and medium-volume residential
street: 120 feet minimum clear sight distance.
(b)
Medium-volume residential street and medium-volume residential
street: 130 feet minimum clear sight distance.
(c)
Medium-volume residential street and arterial: 50 feet minimum
clear sight distance.
(11)
All rights-of-way shall be provided with paved, seeded or sodded
areas, properly prepared, graded and sloped in conformance with good
nursery practice such as those from the Cornell Cooperative Extension
or similar organizations.
(12)
In addition to pavement, curbs and gutters, and sidewalks, streets
shall be improved with storm drainage facilities, water mains, sewers,
streetlights and signs, street trees and fire hydrants (except where
waivers may be requested, and the Planning Board may waive, subject
to appropriate conditions, such improvements as it considers may be
omitted without jeopardy to the public health, safety and general
welfare). Such grading and improvements shall be approved as to design
and specifications by the Village-designated engineer. Installation
of fire hydrants shall be in conformity with all requirements of standard
thread and nut as specified by the New York Fire Insurance Rating
Organization and the Division of Fire Safety of the State of New York.[1]
(13)
Utilities and drainage. The Planning Board shall require the
underground installation of all utility systems. The subdivider shall
install underground service connections to the property line of each
lot within the subdivision for such required utilities before the
street is paved.
(a)
Utility easements. Where topography or other conditions are
such as to make impractical the inclusion of utilities or drainage
facilities within street rights-of-way, perpetual unobstructed easements
at least 20 feet in width for such utilities or drainage facilities
shall be provided, centered on rear or side lot lines or across property
outside the road lines and with satisfactory access to the road. Wherever
possible, easements shall be continuous from block to block and shall
present as few irregularities as possible. Such easements shall be
cleared and graded where required. Easements shall be indicated on
the plat. In large-scale developments, easements along rear property
lines or elsewhere for utility installations may be required by the
Planning Board. Such easements shall be of the width and location
determined by the Board after consultation with the public utilities
companies or municipal departments concerned.
(b)
Assurance by utilities. As to utilities required, the Planning
Board may accept assurance from each public utility company whose
facilities are proposed for installation. Such assurance shall be
given in a letter addressed to the Board and stating that such public
utility company will make the installations necessary for the furnishing
of its services within the time therein specified and satisfactory
to the Board.
(c)
Water and sewer mains and systems are to be offered for dedication
to the municipality or duly constituted improvement district. Upon
acceptance, such water and sewer mains and systems are to be maintained
by the municipality.
(d)
Connections. The developer shall be responsible not only for
the laterals within the development but also for any lines or connections
that may be necessary to bring service to the development.
(e)
Water capacity The Planning Board shall require that, prior
to final approval, the Village-designated engineer shall determine
the capacity of a water utility to supply the development adequately.
(14)
Grades. Grades of all streets shall be the reasonable minimum
but shall be no more than 8%.
(15)
Monuments. Permanent monuments shall be set at block corners
and at the beginning and end of all curves and at such other points
as are necessary to establish definitely all lines of the plat, except
those outlining individual lots. In general, permanent monuments shall
be placed at all critical points necessary to correctly lay out any
lots in the subdivision. Permanent monuments shall be constructed
of concrete with a three-quarter-inch iron rod insert, having ground
level dimensions at five inches square and 36 inches long tapering
to six inches square at the subsurface level. Four such monuments
at the periphery of the plot shall have a brass cap accurately set
and identified as a bench mark with the elevation labeled thereon.
At the corners of each lot an iron pin one inch in diameter and 36
inches long shall be placed into the ground to grade.
C.
Streetscape standards. Streets shall be designed to serve as a public
space that encourages social interaction and that balances the needs
of all users, including pedestrians, bicyclists, and motor vehicles.
(1)
Planting strips. Sidewalks shall be separated from street edges or
curbs by a planting strip three to six feet wide and planted with
grasses.
(2)
Shade trees shall be provided along each side of all streets, public
or private, existing or proposed, but not including alleys, and at
the expense of the owner of the subdivision. In locations where healthy
and mature shade trees currently exist, these should be maintained
and the requirements for new trees may be waived or modified. Shade
trees shall be located on the property side of the sidewalk and shall
be in a line 10 feet in from that edge of sidewalk where sidewalks
are present. When a new street has a sidewalk on only one side, the
shade tree shall be planted at the same distance from the street edge
or curb on both sides of the street.
(a)
Shade trees shall have a minimum caliper of two inches measured
at chest height at the time of planting and shall be spaced a maximum
of 30 feet on center, with exact spacing to be evaluated on a site-specific
basis.
(b)
No more than 40% of the street trees shall be of one species.
The particular species of shade trees shall be determined upon specific
location requirements. Species shall be selected to cast moderate
to dense shade in the summer, survive more than 60 years, have a mature
height of at least 50 feet, be tolerant of road salt, and be insect-
and disease-resistant. The following urban tolerant street trees are
recommended:
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Green ash
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Hackberry
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Little-leaf linden
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Pin oak
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Red oak
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Thornless honey locust
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Village green zelkova
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Sycamore
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Red maple
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(c)
Street trees shall be irrigated and fertilized for a minimum
of two years after installation. Any tree that dies within two years
of planting or any tree that is removed shall be replaced with the
same species and size. The Planning Board may require establishment
of an escrow account to cover costs of replanting.
(3)
Street furniture shall be permitted and shall be located so as not
to obstruct sight lines of vehicles or pedestrians. Benches, when
provided, shall be placed to face sidewalks and other pedestrianways.
Benches shall be of Village standard or Planning Board approved equivalent.
(5)
Lighting. Lighting shall meet all standards specified in Chapter 250, Zoning. Where a new lighting district is to be created or an existing district expanded, the applicant shall petition the Village Board to create said district or expansion before final approval. In addition to Chapter 250, Zoning, the following standards shall apply in new subdivisions:
(a)
Streetlights shall be provided on both sides of all streets
at intervals of no greater than 75 feet on center and at intersections.
(b)
Streetlights shall not exceed 18 feet in height. Lighting posts
and fixtures shall be consistent with the architectural style found
on Main Street and shall complement the predominant architectural
theme of the subdivision. All streetlights shall use full cutoff fixtures
to direct light downwards on streets and sidewalks and to reduce glare.
(c)
Streetlights shall be located between the street curb or pavement
edge and the sidewalk or at an equal distance from the edge on both
sides of the street.
(d)
Alley lighting shall be provided on all garages or on utility
poles. Lighting fixtures and lighting poles shall be of consistent
architectural style and shall complement the predominant architectural
theme.
(6)
Street signs. Street signs of a type approved by the Village Planning
Board shall be provided and installed by the developer at all intersections
in locations within the right-of-way prior to public dedication of
the roads. All streets shall be named, and such names shall be subject
to the approval of the Village Planning Board and Village Board. Names
shall be sufficiently different in sound and spelling from other street
names in the Village so as not to cause confusion. A street which
is a continuation of an existing street shall bear the same name.
The following minimum design standards shall be met for all major subdivisions to ensure that new development is consistent with the traditional character of the Village of Athens and in order to encourage diversity in design and subdivision layout. All density, lot size, dimension, and other requirements of Chapter 250, Zoning, shall also be met. The Planning Board shall review the following standards as part of the preliminary plat and ensure that all standards are met in the approved final plat:
A.
Building placement and build-to line. Buildings shall define the streetscape through the use of setbacks along the build-to line for each block, as defined in § 205-8. A minimum of 80% of all buildings on the block shall conform to the build-to line with the remaining 20% allowed to vary by being further set back no greater than 75% of the distance from the right-of-way to the build-to line. Of the 20%, buildings shall be allowed to come forward of the build-to line by no greater than 25% of the distance between the right-of-way and the build-to line.
B.
Variation of lot width and area. Lot areas and lot widths shall vary
at random to the greatest extent possible in order to eliminate the
appearance of a standard subdivision. To the extent possible, no more
than two lots in a row shall have the same width. Lots shall vary
by a minimum of five-foot increments.
C.
A variety of architectural features and building materials is encouraged
to give each building or group of buildings a distinct character.
D.
The scale of new construction, including the arrangement of windows,
doors and other openings within the building facade, shall be compatible
and consistent with adjacent buildings in the existing neighborhood.
E.
The front facade shall face onto a public street.
F.
Exterior materials and roof materials should be similar in appearance
to those found on adjacent buildings within the neighborhood.
G.
Buildings shall have a variety of different roof overhang profiles.
H.
In major subdivisions, building mass, design, and floor plans shall
be such to create significant visual differences between structures,
and new buildings shall be consistent with the traditional character
of Athens. Monotony and similarity can be minimized through use of
changes in facade planes, use of porches, changes in location of entryway,
varying the width of the unit, and varying roof orientation, roof
styles, building orientation, and trim detailing.
I.
Front-facing garages shall be located a minimum distance of 60% of
the depth of the residence from the corner of the front facade at
the garage-side of the principal building or shall be side-loaded,
if attached.
J.
There shall be no blank walls. Fenestration shall comprise a minimum
of 15% of the square footage area of each facade.
K.
All utility facilities, waste receptacles, heating, ventilating and
air conditioning and other mechanical equipment shall be fully screened
whether they are at grade level or on a rooftop. Appropriate methods
include, but are not limited to, fencing, vegetation, false facades,
berms, and structural screening. It is preferred to locate these at
the side or rear of the building.
During project design, the Planning Board shall require incorporation
of low-impact development standards wherever feasible. Appropriate
engineering should include use of one or more of the following low-impact
development techniques:
A.
Arrangement. The arrangement of lots shall be such that there will
be no foreseeable difficulties, for reasons of topography or other
conditions, in locating a building on each lot and in providing access
to buildings on such lots from an approved street.
B.
Access across a watercourse. Where a watercourse separates the buildable
area of a lot from the access street, provision shall be made for
the installation of a culvert or other structure, such as a bridge,
of a design approved by the Village-designated engineer or other licensed
professional engineer as designated by the Village Board.[1]
C.
Side lot lines. Side lot lines shall be at right angles to street
lines unless a variation from this rule will give a better street
or lot plan.
D.
Access from major streets. Lots shall not, in general, derive access
exclusively from a major street. Where driveway access from a major
street may be necessary for several adjoining lots, the Planning Board
may require that such lot be served by a combined access drive in
order to limit possible traffic hazard on such street.
E.
Corner lots. In general, corner lots should be larger than interior
lots to provide for proper building setback from each street and required
sight triangles and to provide a desirable building site.
A.
The Planning Board may require adequate, convenient and suitable
areas for parks, including neighborhood pocket parks and playgrounds,
or other recreational purposes to be reserved on the plat but in no
case more than 10% of the gross area of any subdivision. The area
shall be shown and marked on the plat as "Reserved for Park or Playground
Purposes."
B.
If the Planning Board determines that a suitable park or parks of
adequate size cannot be properly located in any such plat or are otherwise
not practical, the Board shall require as a condition for approval
of any such plat payment to the Village in an amount to be determined
per lot by the Village Board. Such money shall be used by the Village
for park and recreation purposes, including the acquisition of property.
All such payments shall be held by the Village Board in a special
Municipal Recreation Site Acquisition and Improvement Fund, to be
used for the acquisition of land that is suitable for permanent park,
playground or other recreational purposes and is so located that it
will serve primarily the general neighborhood in which the land covered
by the plat lies, and shall be used only for park, playground or other
recreational land acquisition or improvements. Such money may also
be used for the physical improvement of existing parks or recreation
areas serving the general neighborhood in which the land shown on
the plat is situated, provided that the Planning Board finds there
is a need for such improvements.
Where the subdivision borders an existing street and the Official
Map (as it may be adopted) or Village Comprehensive Plan (as it may
be adopted) indicates plans for realignment or widening of the street
that would require reservation of some land of the subdivision, the
Planning Board may require that such areas be shown and marked on
the plan as "Reserved for Street Alignment (or Widening) Purposes."
Ownership shall be clearly marked on the plat for all reservations.
The Planning Board is authorized to vary lot sizes and setbacks pursuant to Chapter 250, Zoning, whenever a cluster or conservation subdivision is proposed or required.
A.
The purpose of this section is to permit variation in lot size and
housing type in suitable areas in order to encourage flexibility of
design, to enable land to be developed in such a manner as to promote
its most appropriate use, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and
scenic qualities of open space, in accordance with § 7-738
of the New York State Village Law.
B.
This purpose is achieved by permitting lot sizes to be reduced in a subdivision tract if the overall density does not exceed that which is otherwise permitted in the applicable zoning district and the land thus gained is preserved as permanent open space. However, if the Village of Athens grants a density bonus as an incentive to encourage use of cluster and conservation subdivisions, the density may be increased pursuant to Chapter 250, Zoning, § 250-26. Density bonus units must conform to the same layout requirements as all other units within the cluster or conservation subdivision.
C.
Applicability.
(1)
If a subdivider makes written application to the Planning Board for
use of this procedure, the Planning Board is hereby empowered to implement
these provisions at its discretion if in the Board's judgment
its application at the particular location is desirable and would
contribute to the general well-being of the neighborhood and community
and would benefit the Village.
(2)
The Planning Board is authorized to require adherence to the regulations
of this section for any subdivision applications in the RL or RM Districts,
where, in the opinion of the Planning Board during SEQRA review, the
purposes of this chapter cannot be met using conventional subdivision
methods. The following conditions may warrant requirement of a cluster
or conservation subdivision layout:
(a)
State and/or federal freshwater wetlands occupy 25% or more
of the site.
(b)
Slopes of greater than 15% occupy 25% or more of the site.
(c)
Open water occupies 25% or more of the site.
(d)
The site contains a floodplain or flood hazard area as mapped
by the Federal Emergency Management Agency's Flood Insurance
Maps.
(e)
The site contains a critical environmental area as determined
by the Village or the Department of Environmental Conservation.
(f)
The site contains an identified scenic view or scenic vistas,
especially that of the Hudson River.
(g)
The lot or parcel contains an identified critical habitat or
a known endangered species.
D.
Permitted, accessory and special permit uses. Permitted, accessory
and special permit uses within a cluster/conservation subdivision
shall be the same as those otherwise allowed in the zoning district
in which the development is located.
E.
Dimensional standards. Within the framework of limitations set forth
in this section of the chapter, the Planning Board shall review all
proposed modifications of lots, bulk and other requirements which
it has determined are necessary or appropriate to properly accomplish
the purposes of this chapter. Lots shall be arranged in a way that
preserves open space as conservation as described in this section.
(1)
A cluster/conservation subdivision must preserve at least 50% of
the tract's unconstrained acreage as open space land and all
constrained lands. Parking areas and roads shall not be included in
the calculation of the minimum required open space. All conserved
lands shall be permanently restricted from future subdivision and
development.
(2)
The builder or developer shall include variations in the principal
structure position and orientation, but shall observe, as practical,
the following minimum standards:
(3)
Maximum impervious coverage. No more than 50% of any given acre shall
be covered with impervious surface in the form of access drives, parking
areas or structures.
(4)
Minimum lot size. The minimum lot size for developments requiring
individual wells and septic systems shall be equal to that required
by the Department of Health to meet standards for water and septic
system approvals. The average lot size, calculated by including only
new buildable acres, and not any preserved open spaces for developments
with central water and sewer shall be 14,000 square feet in the RL
District, and 10,000 square feet in the RM District.
F.
Unit mix. The cluster or conservation subdivision design may include a mix of single-family and multiple-family dwellings as a means of achieving housing diversity and preserving open space if such multiple-family dwellings are allowed in the district. The number of multiple-family units shall be limited to not more than 1/2 of the total number of dwelling units. Multiple-family structures shall not exceed six units each (see also § 205-23). Single-wide mobile homes shall not be permitted within any residential cluster development as governed by this section.
G.
Preserved open space may be included as a portion of one or more
large lots, or may be on a separate open space lot. Such open space
may be owned by a homeowners' association, private landowner(s) within
the subdivision, or a nonprofit organization, provided it is protected
from development by a conservation easement or deed restriction. When
a tract is held in multiple ownership, it shall be planned as a single
entity with common authority and common responsibility. A plan for
landscaping and other development of the common open space area shall
be reviewed and approved by the Planning Board.
H.
Uses for open space. The Planning Board may approve uses for open
space within a cluster/conservation subdivision, and these uses will
be clearly indicated on the final map. The following are permitted
uses for preserved open space areas:
(1)
The Planning Board may approve recreational uses such as wooded park
areas, bridle paths, hiking trails, etc. Areas for active recreation
which are to contain substantial improvements, impervious surfaces
and other alteration from their natural state shall not constitute
open space hereunder.
(2)
The Planning Board may approve conservation uses such as open woodland,
wetlands, slopes, or escarpments.
(3)
The Planning Board may approve cultural aspects, such as historic
places and buildings, archaeological sites, parks, and such open spaces
which will assure that each of the above cultural aspects are adequately
protected in the public interest.
(4)
Where active agriculture, forestry or horticultural uses (as allowed
and defined in this chapter) are taking place or could take place,
structures shall be placed on the least productive portions of that
land in order to preserve the ability to utilize prime farmland soils
and soils of statewide importance that are best suited for agriculture
and forestry.
(5)
Water supply and sewage disposal systems and stormwater detention
areas designed, landscaped, and available for uses as part of the
conservation lands.
(6)
Rights-of-way, easements for drainage, access, sewer or water lines
or other public purposes.
I.
A mechanism for the long-term ownership and maintenance of common
open space shall be provided, subject to the approval of the Village
Planning Board during the subdivision review process. Similar provision
shall be made for the long-term ownership and maintenance of roadways,
drainage ways, utilities and other improvements within the cluster
development.
J.
Building design variation. The developer shall prevent monotonous
streetscapes by adding variations in the principal structure architecture.
K.
There shall be only one principal structure per building lot.
L.
The minimum area required to qualify for this procedure shall be
10 contiguous acres of land.
M.
This procedure applies only to the RL and RM Districts.
N.
In addition to the foregoing, a cluster development subdivision plot
may be approved only if the Planning Board determines that:
(1)
Such development will not be detrimental to the health, safety or
general welfare of persons residing in the vicinity or injurious to
property or improvements within its proximity;
(2)
The proposed development conforms to the objectives of the Comprehensive
Plan; and
(3)
The gross density will be no greater than if the tract were developed
in accordance with the existing zoning requirements unless a density
bonus has been granted by the Village.
O.
Design process for cluster/conservation subdivisions:
(2)
Step 1 delineation of open space lands. Proposed open space lands
shall be designated as follows:
(a)
Primary conservation areas shall be considered constrained lands
and shall be delineated comprising open water, streams, floodplains,
and wetlands, and slopes over 20% and shall be designated on a map.
Primary conservation areas shall be excluded from acreage used for
lot count calculations.
(b)
Secondary conservation areas shall be delineated and designated
on a map and shall be considered as open space lands. Secondary conservation
areas include special features of the property that would ordinarily
be overlooked or ignored during the design process such as agricultural
lands, woodlands, significant natural areas and features, stone walls,
hedgerows, meadows, historic structures and sites, historic rural
corridors, scenic viewsheds, and trails. In delineating secondary
conservation areas, the applicant shall prioritize natural and cultural
resources on the tract in terms of their highest to least suitability
for inclusion in the proposed open space, in consultation with the
Planning Board to create a prioritized list of resources to be conserved.
On the basis of those priorities and practical considerations given
to the tract's configuration, its context in relation to resource
areas on adjoining and neighboring properties, and the applicant's
subdivision objectives. Secondary conservation areas shall be delineated
to meet at least the minimum percentage requirement of 50% for open
space lands. These features, as well as the types of resources included
within them, shall be clearly noted on the map. Calculations shall
be provided indicating the applicant's compliance with the acreage
requirements for open space areas on the tract.
(c)
The primary and secondary conservation areas, together, constitute
open space areas to be preserved, and the remaining land is the potential
development areas.
(3)
Location of house sites building envelopes shall be tentatively located
within the potential development areas. House sites should generally
be located not closer than 100 feet from primary conservation areas
and 50 feet from secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas.
(4)
Align streets and trails. After designating the building envelopes,
a street plan shall be designed to provide vehicular access to each
house, complying with the standards identified herein and bearing
a logical relationship to topographic conditions. Impacts of the street
plan on proposed open space lands shall be minimized, particularly
with respect to crossing environmentally sensitive areas such as wetlands
and traversing slopes exceeding 20%. Existing and future street connections
are encouraged to eliminate the number of new culs-de-sac to be developed
and maintained, and to facilitate access to and from homes in different
parts of the tract and adjoining parcels. Culs-de-sac are discouraged
in the Village.
(5)
Draw lot lines. Upon completion of the preceding three steps, lot
lines are drawn as required to delineate the boundaries of individual
residential lots.
P.
Site design criteria.
(1)
Residential structures in a cluster or conservation subdivision should
be located: to avoid disturbance to the existing environmental, cultural
and scenic features; in proximity to other residences or building
lots on adjacent properties; on suitable soils for subsurface sewage
disposal (where applicable); in a manner that allows new structures
to be visually absorbed and consistent with the character of the neighborhood
and Village. Some of these may conflict with each other on a particular
site, in which case the Planning Board may use its discretion to resolve
such conflicts.
(2)
Open space standards.
(a)
The required open space land consists of a combination of primary
conservation areas and secondary conservation areas. The proposed
subdivision design shall strictly minimize disturbance of these environmentally
sensitive areas. The applicant shall also demonstrate that such features
will be protected by the proposed subdivision plan.
(b)
Every effort shall be made to lay out open space lands in such
a manner that preserves and in such a manner that preserves ecological
systems that may be present on the site, including, but not limited
to, preserving wetlands and their associated upland habitats.
(c)
Active agricultural land with farm buildings may be used to
meet the minimum required open space land. Access to open space land
used for agriculture may be appropriately restricted for public safety
and to prevent interference with agricultural operations. Land used
for agricultural purposes shall be buffered from residential uses,
either bordering or within the tract, by a setback.
(d)
Open space land shall be contiguous to create a critical mass
of land available for agriculture or left in a natural state to the
extent possible.
(e)
Any house lot or lands on house lots over five acres in size
may be used for meeting the minimum required open space land, provided
that there is a permanent restriction enforceable by the Village that
states the future use such as undisturbed wildlife habitat, managed
field, or managed forest and prevents destruction, inappropriate use,
or development of that portion of the open space.
(f)
The required open space may be used for community septic systems.
(g)
Stormwater management ponds or basins may be included as part
of the minimum required open space, as may land within the rights-of-way
for underground utilities.
(h)
Recreation lands, such as golf courses, ball fields, parks,
pool areas, etc., shall not be considered part of the required open
space. Such recreational lands with access only to residents shall
not be counted towards the open space requirements, but shall be counted
towards any recreation land requirement as per this chapter.
(3)
Other layout criteria:
(a)
New intersections with existing public roads shall be minimized.
(b)
Open space shall be directly accessible or viewable from as
many home sites as possible.
(c)
The layout shall leave scenic views and vistas (especially of
the Hudson River) unblocked or uninterrupted, particularly as seen
from public thoroughfares. A deep no-build, no-plant buffer is recommended
along the road where those views or vistas are prominent or locally
significant.
(d)
The layout shall maintain or create a buffer of natural native
species vegetation of at least 100 feet in depth adjacent to wetlands
and surface waters, including creeks, streams, wetlands, springs and
ponds.
(e)
Design around and preserve sites of historic, archeological
or cultural value insofar as needed to safeguard the character of
the feature.
(f)
Protect wildlife habitat areas of species listed as endangered,
threatened, or of special concern by the New York State Department
of Environmental Conservation.
(g)
Landscape common areas and both sides of new street with native
species of shade trees.
Q.
Permanent protection of open space.
(1)
All required open space shall be restricted from further subdivision
through one of the following:
(2)
Open space land may be held in any form of ownership that protects
its conservation values such as where the open space is owned in common
by a homeowners' association (HOA). Open space may also be dedicated
to the Village, county or state governments, transferred to a nonprofit
organization, or held in private ownership. The applicant shall provide
proof that the receiving body agrees to accept the dedication. Any
development permitted in connection with the setting aside of open
space land shall not compromise the conservation or agricultural value
of such open space land.
(a)
If the open space is to be owned by an HOA, the HOA must be
incorporated before the final subdivision plat is signed. The applicant
shall provide the Village with a description of the organization of
the proposed association, including its bylaws, and all documents
governing ownership, maintenance, and use restrictions for common
facilities.
(b)
The open space restrictions must be in perpetuity.
(c)
If land is held in common ownership by a homeowners' association,
such ownership shall be arranged in a manner that real property tax
claims may be satisfied against the open space lands by proceeding
against individual owners and the residences they own. The HOA must
be responsible for liability insurance, local taxes and the maintenance
of the conserved land areas, recreational and other commonly held
facilities. The HOA shall have the power to adjust assessments to
meet changing needs.
(d)
The Planning Board shall find that the HOA documents satisfy
the conditions above.
(e)
Membership in the HOA must be mandatory for each property owner
within the subdivision and for any successive property owners in title.
(f)
The proposed association shall be established by the owner or
applicant and shall be operating before the sale of any dwelling units
in the development.
(g)
The association shall have adequate resources to administer,
maintain, and operate such common facilities.
(3)
The conservation easement, declaration of covenants or deed restriction
shall permanently restrict development of the open space and shall
specify the use of such space only for agriculture, forestry, recreation
or similar purposes. The Planning Board shall approve the form and
content of any easement, declaration, or restriction. The restriction
shall be made a condition of the final plat approval. A conservation
easement will be acceptable if the Village Attorney determines it
meets the following criteria:
(a)
The conservation organization is acceptable to the Village and
is a bona fide conservation organization as defined in Article 49
of the New York State Environmental Conservation Law.
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the conservation organization becomes
unwilling or unable to continue carrying out its functions.
(c)
A maintenance agreement acceptable to the Village is established
between the owner and the conservation organization to insure perpetual
maintenance of the open space.
(d)
The conservation easement or other legally binding instrument
shall permanently restrict the open space from future subdivision,
shall define the range of permitted activities, and, if held by a
conservation organization, shall give the Village the ability to enforce
these restrictions.
R.
Maintenance standards.
(1)
The owner of the open space shall be responsible for raising all
monies required for operations, maintenance, or physical improvements
to the open space.
(2)
Failure to adequately maintain any improvements located on the undivided open space in reasonable condition is a violation of Chapter 250, Zoning. Upon appropriate authority or process, the Village may enter the premises for necessary maintenance/restoration, and the cost of such maintenance by the Village shall be assessed ratably against the landowner or in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on such property.
S.
Sewage treatment systems. If not included in the area served by the
Village of Athens sewage system, sanitary sewage disposal systems
of either an individual or community nature may be located within
or extend into required open space areas, provided that subsurface
sewage disposal methods are employed, all required separation distances
are observed and the ownership and maintenance responsibilities associated
therewith are clearly defined in agreements submitted for approval
as part of the subdivision application. No application shall be approved
that does not provide lot buyers with both the legal authority and
the responsibility, individually or collectively, to maintain all
sewage facilities on a continuing basis. This may include the creation
of a special district under Article 14 of New York State Village Law.
T.
Reasonable and necessary costs incurred by the Planning Board for
professional review of an application shall be charged to the applicant.
