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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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:
Green ash
Hackberry
Little-leaf linden
Pin oak
Red oak
Thornless honey locust
Village green zelkova
Sycamore
Red maple
(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.
(4) 
Parking. Parking shall meet all standards specified in Chapter 250, Zoning.
(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.
(7) 
Pocket parks. Use of small pocket parks accessible from the street or sidewalk shall be required within the subdivision. See also § 205-26.
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. 
Bioretention/rain garden.
B. 
Soil amendments.
C. 
Grassed swale.
D. 
Disconnectivity (rain barrel).
E. 
Permeable pavers.
F. 
Conservation of land in natural state.
G. 
Minimizing imperviousness (reduced street width for example).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
F. 
Keyhole lots. Properties that access the property behind another fronting the street shall comply with setback requirements as defined in Chapter 250, Zoning (as it may be adopted).
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."
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:
(a) 
Front yard setback of 20 feet.
(b) 
Rear yard setback of 20 feet.
(c) 
Side yard setback of 10 feet separation for principal structures.
(d) 
Building height of 30 feet.
(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:
(1) 
Determine lot count pursuant to Chapter 250, Zoning.
(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:
(a) 
A conservation easement in a form acceptable to the Village and recorded at the County Clerk's office.
(b) 
A declaration of covenants or deed restriction, in a form acceptable to the Village and recorded in the County Clerk's office.
(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.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).