Pursuant to resolution of the Town Board, the Planning Board is empowered to modify to the extent provided within Chapter 120, Zoning, applicable provisions of said chapter in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands. The following shall be the standards and procedure utilized by the Planning Board in reviewing applications for approval of a cluster subdivision within the Town of Stockport.
A subdivider may request the use of § 278 simultaneously with or subsequent to presentation of the sketch plat as per procedure described in § 105-6.
A.
A subdivider shall present, along with a proposal in accordance with the provisions of § 278 and the limitations set forth within Chapter 120, Zoning, a standard sketch plat which is consistent with all the criteria established by this chapter, including lots being fully consistent with Chapter 120, Zoning.
B.
Upon review of the standard sketch plat, the Planning Board shall
by resolution determine the number of lots that could be accommodated
on the land under a conventional subdivision approach and, thus, the
number of lots or dwelling units that would be authorized through
application of the cluster subdivision concept.
A.
Conditions regarding the long-term ownership, use and maintenance
of all common lands within a cluster subdivision shall be set forth
by the subdivider in consultation with the Planning Board.
B.
The following minimum standards shall be strictly met:
(1)
The open space land, which shall be not less than 50% of the area
of the tract, shall be shown on the plat and shall be labeled in a
manner to indicate that such land is not to be platted for building
lots and is permanently reserved for open space purposes.
(2)
A perpetual conservation easement leaving the land forever wild or
limiting use of such land to agricultural, managed forest land, passive
recreational or open space use and prohibiting residential, industrial
or commercial use of such open space land, pursuant to § 247
of the General Municipal Law and/or §§ 49-0301 through
49-0311 of the Environmental Conservation Law, shall be granted to
the Town, with the approval of the Town Board, or to a qualified not-for-profit
conservation organization acceptable to the Planning Board. Such conservation
easement shall be reviewed and approved by the Planning Board and
be required as a condition of plat approval hereunder, shall not be
amendable to permit commercial, industrial or residential development
and shall be recorded in the County Clerk's office simultaneously
with the filing of an approved clustered subdivision plat.
(3)
Open space land may be owned in common by a homeowners' association
or dedicated to the Town, provided that, in all cases, it is protected
by conservation easements from future subdivision and development.
The Planning Board shall assure that proper provision has been made
for ownership and maintenance of the open space land. If held by a
homeowners' association, ownership shall be structured in such
a manner that real property taxing authorities may satisfy property
tax claims against the open space lands by proceeding against all
individual owners in the homeowners' association and the dwelling
units they each own. Ongoing maintenance standards shall be established,
enforceable by the Town against an owner of open space land, as a
condition of subdivision approval to assure that the open space land
does not detract from the character of the neighborhood.
Upon determination that such sketch plat is suitable for the
procedures under § 278 and subsequent resolution by the
Planning Board authorizing the subdivider to proceed, a preliminary
plat meeting all of the requirements of the resolution shall be presented
to the Planning Board within six months, and thereafter the Planning
Board shall proceed with the required public hearings and all other
requirements of this chapter.
On the filing of a final plat in the office of the Columbia
County Clerk in which § 278 has been used, the subdivider
shall file a copy with the Town Clerk, who shall make appropriate
notations and reference thereto on the Town Land Use District Map.[1] The Clerk of the Planning Board shall notify the Building
Inspector when such a subdivision plat is filed.
[1]
Editor's Note: Said map is on file in the Town offices.
