In conformance with the Town's Comprehensive Plan, the
purposes of cluster or conservation subdivisions are as follows:
A.
To conserve open land, including house areas containing unique and
sensitive natural features such as steep slopes, streams, floodplains,
and wetlands, by setting them aside from development.
B.
To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
the length of roads and the amount of paving required.
C.
To provide for a diversity of lot sizes and housing choices to accommodate
a variety of age and income groups.
D.
To conserve a variety of resources and lands as established in the
Town of Schaghticoke Comprehensive Plan.
E.
To protect agricultural areas by conserving blocks of land large
enough for continued agricultural operations.
F.
To create neighborhoods with direct visual or physical access to
open land and that have strong neighborhood identity that is consistent
with the rural character of Schaghticoke.
G.
To provide standards reflecting the varying circumstances and interests
of individual landowners and the individual characteristics of their
properties.
H.
To conserve elements of the Towns rural character, and to minimize
views of new development from existing roads.
A.
Applicability.
(1)
The Planning Board shall require application of a clustering or conservation
subdivision design on all contiguous parcels of land that are 20 acres
in size or larger and three or more parcels are proposed to be subdivided,
either now or in the future. When two or more parcels are combined,
a flexible subdivision shall occur if their combined area is 20 acres
or more.
(2)
When an applicant includes only a portion of the landowner's
entire tract, a sketch plan according to this article shall be included
showing future potential subdivision of all the contiguous lands belonging
to the landowner to ensure that subdivision may be accomplished in
accordance with current codes and with appropriate access. Submission
and review of the sketch plan at this stage shall not constitute approval
of the future subdivision shown thereon.
B.
Permitted, accessory and special permit uses. Permitted, accessory
and special permit uses within a cluster or conservation subdivision
shall be the same as those otherwise allowed in the zoning district
in which the development is located.
C.
Density. The permitted number of dwelling units shall not exceed
the number of units that would be permitted if the land were subdivided
into lots conforming to the minimum lot size and density requirements
of the Town of Schaghticoke Zoning Law applicable to the district
or districts in which such land is situated and conforming to all
other requirements of the Town of Schaghticoke Zoning.
A.
Once the maximum permissible number of lots in a cluster or conservation
subdivision has been established, the next step is to create a design
layout. This layout shall include an identification of primary and
secondary conservation lands within a parcel(s), which includes those
elements most highly valued by the community.
B.
Sketch plan. A sketch plan shall be submitted by the applicant as
a diagrammatic basis for informal discussions with the Planning Board
regarding the design of a proposed subdivision or land development.
The purpose of a sketch plan is to facilitate an expedient review
of proposed new subdivisions in conformance with the Town Zoning Law
and Comprehensive Plan. To provide a full understanding of the site's
potential and to facilitate the most effective exchange with the Planning
Board, the sketch plan shall include an Existing Resources Map and
Site Analysis Plan including the information listed below.
(1)
Slopes: slopes of 15% or greater.
(2)
Water resources: wetlands, aquifer and aquifer recharge areas, if
known, municipal water supply areas, flood-prone areas as shown on
Federal Emergency Management Agency maps, streams.
(3)
Agricultural lands: active farmland within a New York State-certified
agricultural district, or lands within 500 feet of a New York State-certified
agricultural district, or soils classified in Groups 1 to 4 of the
New York State Soil Classification System.
(4)
Community water and/or sewer: sites where community sewer, community
water, or community water and sewer are available or planned.
(5)
Critical environmental areas: lands within or contiguous to a critical
environmental area designated pursuant to Article 8 of the Environmental
Conservation Law, if any.
(6)
Designated open space areas: lands contiguous to publicly owned or
designated open space areas, or privately owned designated natural
areas.
(7)
Historic structures and sites: historic structures or areas of national,
state or local importance, if any.
(8)
Scenic viewsheds and special features: sites bordering or in known
scenic locations identified in the Town's Comprehensive Plan.
(9)
Significant natural areas and features: areas with rare vegetation,
significant habitats, or habitats of endangered, threatened or special-concern
species as determined by the New York Department of Environmental
Conservation (Natural Heritage Program): mature forests over 100 years
old; locally important vegetation (such as trees over 24 inches in
diameter at breast height); or unique natural or geological formations.
(10)
Trails: existing and potential trails, bikeways, and pedestrian
routes of Town, state or county significance.
(11)
Recreation: lakes, ponds or other significant recreational areas,
or opportunities or sites designated in the Town's Comprehensive
Plan.
(12)
An Existing Resources and Site Analysis Plan shall be prepared
to provide the developer and the Planning Board with a comprehensive
analysis of existing conditions, both on the proposed development
site and within 500 feet of the site. Conditions beyond the parcel
boundaries may be generally described on the basis of existing published
data available from governmental agencies, or from aerial photographs.
(13)
Topography, the contour lines of which shall be at two-foot
intervals.
(14)
General locations of vegetative cover conditions on the property
according to general cover type, including cultivated land, grassland,
old field, hedgerow, woodland and wetland, isolated trees with a caliper
in excess of 12 inches, the actual canopy line of existing trees and
woodlands.
(15)
Any ridge lines on the property shall be identified.
(16)
The location and dimensions of all existing streets, roads,
buildings, utilities and other man-made improvements.
(17)
Locations of all historically significant sites or structures
on the tract and on any abutting tract.
(18)
All easements and other encumbrances of property which are or
have been filed of record with the Rensselaer County Clerk's
office shall be shown on the plan.
C.
Preliminary plan documents. A preliminary cluster or conservation subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of Chapter 108, Articles III and IV, of the Schaghticoke Subdivision Law:
(1)
Preliminary plan. The submission requirements for a preliminary plan include the requirements for sketch plans listed in § 108-20, above and the submission requirements of Chapter 108, Articles II and IV, and the Existing Resources and Site Analysis Plan. The Planning Board shall review the plan to assess its accuracy and thoroughness. Unless otherwise specified by the Planning Board, such plans shall generally be prepared at the scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a single standard-size sheet (24 inches by 36 inches).
D.
Four-step design process for cluster subdivisions. All sketch plans
shall include Step 1 of the four-step design process. All preliminary
plans shall include documentation of the four-step design process
in determining the layout of proposed open space lands, house sites,
streets and lot lines, as described below.
(1)
Step 1: Delineation of open space lands. Proposed open space lands
shall be designated using the Existing Resources and Site Analysis
Plan as a base map. Primary conservation areas shall be delineated
comprising streams, floodplains, wetlands and slopes over 15%. 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
area percentage requirements for open space lands and in a manner
clearly indicating their boundaries as well as the types of resources
included within them. Calculations shall be provided indicating the
applicant's compliance with the acreage requirements for open
space areas on the tract. The result is potential development areas.
(2)
Step 2: Location of house sites. Potential house sites shall be tentatively
located, using the proposed open space lands as a base map as well
as other relevant data on the Existing Resources and Site Analysis
Plan. House sites should generally be located not closer than 100
feet to primary conservation areas and 50 feet to secondary conservation
areas, taking into consideration the potential negative impacts of
residential development on such areas as well as the positive benefits
of such locations to provide attractive views and visual settings
for residences.
(3)
Step 3: Alignment of streets and trails. Upon designating the house
sites, 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 15%. Existing and
future street connections are encouraged to eliminate the number of
new cul-de-sacs to be maintained by the Town and to facilitate access
to and from homes in different parts of the tract and adjoining parcels.
Cul-de-sacs are appropriate when they support greater open space conservation
or provide extensive pedestrian linkages.
(4)
Step 4: Drawing in the lot lines. Upon completion of the preceding
three steps, lot lines are drawn as required to delineate the boundaries
of individual residential lots.
(5)
Note on the four-step site design process for hamlets and adjoining
villages. The design process for developing cluster subdivisions in
or adjacent to hamlets and villages shall be a variation on the four-step
process for conservation subdivisions, as described herein. In hamlets
and near villages, where traditional streetscapes and terminal vistas
are of greater importance, Steps 2 and 3 may be reversed, so that
streets and squares are located during the second step, and house
sites are located immediately thereafter. The first step is to identify
open space lands, including both primary and secondary conservation
areas.
E.
Dimensional standards. Within the framework of limitations set forth in this section of this article, the Planning Board shall establish, on a case-by case basis, the appropriate modifications of lot, bulk and other requirements which it has determined are necessary or appropriate to properly accomplish the purposes of this article. Lots shall be arranged in a way that preserves open space as conservation areas, as described in this section and §§ 108-21 through 108-23.
(1)
Minimum required open space. In all zoning districts, a cluster or
conservation subdivision must preserve at least 50% of the tract's
developed acreage as open space land. Parking areas and roads shall
not be included in the calculation of the minimum required open space.
(2)
Minimum street frontage: 20 feet.
(3)
Yard regulations. The builder or developer is urged to consider variations
in the principal building position and orientation but shall observe,
as practical, the following minimum standards:
(4)
Maximum impervious coverage. No more than 35% of any given acre shall
be covered with impervious surface in the form of access drives, parking
areas or structures.
(5)
Minimum lot size. The minimum lot size for developments in fee simple
ownership shall be equal to that required by the Rensselaer County
Department of Health to meet standards for water and septic system
approvals.
F.
Open space standards.
(1)
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. Primary conservation areas shall be included in the
required open space area to the greatest extent practical. The applicant
shall also demonstrate that such features will be protected by the
proposed subdivision plan. 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. Secondary conservation areas shall be included in the
required open space area to the greatest extent practical such that
protecting these resources will, in the judgment of the Planning Board,
achieve the purposes of this section.
(2)
Open space lands shall be laid out in general accordance with the
Town's Comprehensive Plan to better enable an interconnected
network of open space.
(3)
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 at least 200 feet
deep, if practical. No clearing of trees or understory growth shall
be permitted in this setback (except as may be necessary for street
or trail construction). Where this buffer is unwooded, the Planning
Board may require that vegetative screening be planted or that it
be managed to encourage natural forest succession through "no-mow"
policies and the periodic removal of invasive alien plant and tree
species.
(4)
Open space land should generally remain undivided. No individual
parcel of common open space shall be less than one acre except as
to roadway median strips, traffic islands, walkways, trails, courtyards,
play areas, recreation facilities, drainageways leading directly to
streams, historic sites or unique natural features requiring common
ownership protection.
(5)
No portion of any house lot may be used for meeting the minimum required
open space land unless encumbered with a restriction.
(6)
The required open space may be used, without restriction, for underground
drainage fields or for individual or community septic systems.
(7)
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. However, land within the rights-of-way
of high-tension power lines shall not be included as comprising part
of the minimum required open space.
G.
Evaluation criteria.
(1)
House lots shall not encroach upon primary conservation areas, and
their layout shall respect secondary conservation areas.
(2)
Views of house lots from exterior roads and abutting properties shall
be minimized by the use of changes in topography, existing vegetation,
or additional landscaping which meets the landscaping requirements
of the Zoning Law and Subdivision Regulations.
(3)
House lots shall generally be accessed from interior streets, rather
than from roads bordering the tract. New intersections with existing
public roads shall be minimized. Although two accessways into and
out of subdivisions containing 20 or more dwellings are generally
required for safety, proposals for more than two entrances onto public
roads shall be discouraged if they would unnecessarily disrupt traffic
flow or unduly impact the environment.
(4)
At least 3/4 of the lots shall directly abut or face conserved open
space, if importance, if practical.
(5)
The Planning Board shall evaluate proposals to determine whether
the proposed layout:
(a)
Protects all floodplains wetlands, and steep slopes from clearing,
grading, filling or construction.
(b)
Preserves and maintains mature woodlands, existing fields, pastures,
meadows, and orchards, and creates sufficient buffer areas to minimize
conflicts between residential and agricultural uses.
(c)
Sites dwellings on the least prime agricultural soils, or in
locations at the edge of a field, as seen from existing roads if development
is on open fields.
(d)
Leaves scenic views and vistas 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.
(e)
Maintains or creates a buffer of natural native species vegetation
of at least 100 feet in depth adjacent to wetlands and surface waters,
including creeks, streams, springs and ponds.
(f)
Designs around existing hedgerows and tree lines between fields
or meadows and minimizes impacts on large woodlands greater than five
acres.
(g)
Designs around and preserves sites of historic, archeological
or cultural value insofar as needed to safeguard the character of
the feature.
(h)
Provides open space that is reasonably contiguous.
(i)
Protects wildlife habitat areas of species listed as endangered,
threatened, or of special concern by the New York State Department
of Environmental Conservation.
H.
Streets and driveways.
(1)
Common driveway access may be provided. A pedestrian circulation
and/or trail system may be designated and installed sufficient for
the needs of residents, as deemed practical by the Planning Board.
(2)
Cluster/conservation subdivision streets shall meet the Town street
specifications. Where appropriate, the Planning Board shall work with
the Commissioner of Public Works to ensure that the Town of Schaghticoke
street specifications, normally applicable to conventional subdivisions,
do not impact or detract from the rural and environmental character
of a cluster or conservation subdivision.
(3)
From an aesthetic and speed control perspective, curving roads are
preferred in an informal rural cluster to avoid long straight segments.
Shorter straight segments connected by bends of 90° and 135°
are preferred in a more formal or traditional arrangement.
(4)
Whenever appropriate, street systems should produce terminal vistas
of open space in accordance with the conservation emphasis of the
subdivision design and to positively contribute to the Town's
open space goals.
(5)
The use of reverse curves should be considered for local access streets
in cluster subdivisions in conjunction with long horizontal curve
radii (at least 250 feet) and where traffic speeds will not exceed
30 miles per hour.
(6)
Single-loaded streets are encouraged alongside conservation areas
to provide views of the conservation lands for residents and visitors.
(7)
Landscape common areas and both sides of new streets with native
species of shade trees.
A.
Permanent protection of open space.
(1)
All undivided open space and any lot capable of further subdivision
shall be restricted from further subdivision through one of the following:
(2)
The conservation easement, declaration of covenants or deed restriction
shall restrict development of the open space and allow the use of
such space only for agriculture, forestry, recreation or similar purposes.
The Planning Board, with the advice of the Town Attorney, 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:
(a)
The conservation organization is acceptable to the Town 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 or the
Town of Schaghticoke becomes unwilling or unable to continue carrying
out its functions.
(c)
A maintenance agreement acceptable to the Town is established
between the owner and the conservation organization or the Town of
Schaghticoke 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 Town the ability to enforce
these restrictions.
(3)
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 Town, county or state governments, transferred
to a nonprofit organization, or held in private ownership. 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 Town 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. 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 stated above.
(e)
Membership in the HOA must be mandatory for each property owner
within the subdivision and for any successive property owners in title,
with voting of one vote per lot or unit, and the subdivider's
control, therefore, passing to the individual lot/unit owners on the
sale of the majority of the lots or units.
(f)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
(g)
The association shall be responsible for liability insurance,
local taxes and maintenance of open space land, recreational facilities
and other commonly held facilities.
(h)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the Town no
less than 30 days prior to such event.
(i)
The association shall have adequate resources to administer,
maintain, and operate such common facilities.
B.
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 through annual dues or special assessments.
(2)
Failure to adequately maintain the undivided open space in reasonable
condition is a violation of the Zoning Law. Upon appropriate authority
or process, the Town may enter the premises for necessary maintenance,
and the cost of such maintenance by the Town 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.
The Town of Schaghticoke has determined that piecemeal subdivision
of large properties where a small number of individual lots are subdivided
off to circumvent major subdivision regulations will have a detrimental
impact on neighborhood character, preservation of open space and agricultural
lands, and the ability to provide traditional streetscapes and/or
pedestrian networks. Therefore, where four or more lots are subdivided
from any parcel within a two-year period, the fourth lot shall be
deemed a major subdivision.
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 sewer facilities on a continuing basis.
This may include the creation of a special district under Articles
12 and I2-A of New York State Town Law.
