In order to approve a conservation subdivision, the Planning Board must find that the proposed subdivision meets the standards in this section. Conservation subdivisions are permitted in the RA, RR, and SR Districts and are intended to allow design flexibility while preserving important natural attributes of the land.
A. Conservation analysis.
(1) As part of any sketch plan submission for a conservation subdivision (or as required for a conventional subdivision in §
121-19A above), an applicant shall submit a conservation analysis, consisting of inventory maps, description of the land, and an analysis of the conservation value of various site features. Applicants shall consult the report "Significant Habitats in the Town of Amenia, Dutchess County, New York" by Hudsonia Ltd. (2006) (hereinafter cited as the "Hudsonia Report") in preparing the conservation analysis. Applicants are encouraged to consult with the Dutchess Land Conservancy and Dutchess County Soil and Water Conservation District when preparing a conservation analysis. The Planning Board may waive some of the requirements below for portions of a property where the applicant makes a binding representation that no development will occur and which have been identified as priority conservation areas by the Hudsonia Report or where the collection of field information listed below would be an unreasonable burden to the property owner. The Board may also waive any requirements that, in its sole discretion, it deems unnecessary for a complete conservation analysis. The conservation analysis shall show lands with conservation value on the parcel and within 200 feet of the boundaries of the parcel, including but not limited to the following:
(a) Wetlands, watercourses, slopes 15% to 30% and slopes over 30%.
(b) Prime and statewide important farmland soils, land in active agricultural use, trail corridors, scenic viewsheds, public water supply wellheads, park and recreation land, unfragmented forestland, wildlife corridors and habitats, vernal pools, and historic and archaeological sites, if such areas are specifically identified in the Comprehensive Plan, in the Hudsonia Report, in the New York Natural Heritage Program, in biodiversity maps prepared for the Town by an environmental consulting organization, or in any adopted open space or farmland protection plan.
(c) Designated overlay zones for stream corridors, aquifers, scenic protection, and floodplains.
(d) Buffer areas necessary for screening new development from adjoining parcels.
(e) Stone walls and individual trees or forested areas containing trees that are 18 inches in diameter at breast height (dbh) or larger.
(f) Land that has been disturbed or altered in the past and therefore may be more suitable for development. (This does not include land disturbed by an applicant prior to applying for a development approval.)
(g) If identified by the Planning Board or the Town's planning consultant in the course of preapplication discussions, other land exhibiting present or potential future recreational, historic, ecological, agricultural, water resource, scenic or other natural resource value.
(2) The conservation analysis shall describe the importance and the current and potential conservation value of all land on the site identified in Subsection
A(1) above as well as potential ecological connections to adjacent parcels. In the course of preapplication conferences and initial sketch plan review, the Planning Board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve. In making this determination, the Planning Board shall take into account the purposes of this chapter and of the various overlay districts, the recommendations in the Amenia Comprehensive Plan, and the Town's goal of protecting biodiversity. The Planning Board may, at the applicant's expense, seek the guidance of a conservation organization or retain a consultant to assist in making this determination. Such expenses shall be paid from deposits made into an escrow account pursuant to §
121-58.
(3) The outcome of the conservation analysis and the Planning Board's determination shall be incorporated into the sketch plan showing land recommended to be permanently preserved by a conservation easement, as well as recommended conservation uses, ownership, and management guidelines for such land. The sketch plan shall also show preferred locations for intensive development as well as acceptable locations for less-dense development.
(4) The determination as to which land has the most conservation value and should be protected from development by conservation easement shall be made by the Planning Board, which shall make written findings supporting its decision (the "conservation findings"). The Planning Board shall not endorse any application that does not include a complete conservation analysis sufficient for the Board to make its conservation findings. The Planning Board's conservation findings shall be subject to revision based upon field analysis of the site and information developed in the course of the SEQRA process.
B. Density calculation. Conservation subdivisions are intended to allow flexibility while preserving important natural attributes of the land. Density is calculated following a formula based upon the net acreage of the property. In order to determine the net acreage of a given area of land, it is necessary to subtract land that is unbuildable or that presents other development constraints.
(1) To determine net acreage, subtract from the total (gross) acreage of the site the total acreage of all wetlands, watercourses, floodplains, and slopes over 30%, as well as 50% of the acreage of fifteen-percent to thirty-percent slopes (slopes measured as 5,000 square feet or more of contiguous sloped area at least 10 feet in width). Fractional units of 0.5 or less shall be rounded down, and fractional units greater than 0.5 shall be rounded up.
(2) To determine the base number of allowable residential units on the site, multiply this net acreage by 0.85 (to account for roads and lot shape irregularities) and divide by the maximum density in the district for a conservation subdivision (see the Dimensional Table in §
121-11B).
C. Density bonuses. The maximum density permitted in Subsection
B(2) above may be increased through density bonuses designed to advance important goals of the Comprehensive Plan. These density bonuses may be combined to result in a total density bonus not exceeding 100% of the density calculated in accordance with Subsection
B(2), except that the use of a density transfer may increase this percentage up to 150%. The density permitted by this section shall not be reduced as a result of the conservation analysis required in Subsection
A above or as a result of the reservation of parkland during the subdivision process. Density bonuses are given at the discretion of the Planning Board based upon written findings by the Planning Board documenting the expected public benefit. Density bonuses shall be granted as long as written findings conclude the proposed density bonus will not adversely affect the environment and will provide one or more of the benefits listed in this section. Density bonuses are calculated by first determining the allowable base density under Subsection
B(2) and then multiplying that number by 100% plus the percentages that follow:
[Amended 3-16-2023 by L.L. No. 4-2023]
(1) If the applicant allows public access to the protected open space on the property and the Planning Board finds that such public access provides a significant recreational benefit to the Town (such as a trail connector or access to an important natural area): a maximum density bonus of up to 25%.
(2) If the applicant preserves at least 60% of the parcel as working farmland (including the creation and preservation of new working farmland): a maximum density bonus of up to 25%.
(3) If the applicant preserves as permanent open space more than the required amount of land: a maximum density bonus of 10% per additional 5% of the net buildable acreage of the parcel preserved as open space.
(4) If the applicant receives approval for a density transfer under §
121-21: a maximum density bonus equal to 50% of the number of units transferred from the sending parcel.
(5) If the applicant designates a minimum of 25% of the on-site units as workforce housing in accordance §
121-42, and all such units have a minimum of two bedrooms: a maximum density bonus of up to 50%. Applicants seeking a density bonus under this provision shall be exempt from the 10% mandatory workforce housing requirement in §
121-42.
D. Minimum lot size. The limiting factor on lot size in conservation subdivisions is the availability of water and sewer infrastructure. Therefore, minimum lot sizes are based upon the availability of such infrastructure and are the same as indicated for the hamlet districts in §
121-11D.
E. Arrangement of lots. Lots shall be arranged in a manner that protects land of conservation value, minimizes habitat fragmentation, and facilitates pedestrian and bicycle circulation. The lot layout shall be designed with consideration of applicable portions of the Rural Development Guidelines and Hamlet Design Guidelines published by the New York Planning Federation (1994). Such guidelines shall be adapted to conform to the requirements of this chapter.
F. Front, side and rear yards and road frontage. Appropriate minimum yard setbacks in a conservation subdivision will depend upon the lot sizes, the type of road frontage (state, county, Town or private) and the character of the subdivision (hamlet, suburban or rural). Accordingly, yard requirements shall be established at the time of plat approval and shall be shown in a chart on the plat. Minimum yard and road frontage requirements shall be same as in the HM District for lots on Town roads.
G. Impervious surface coverage. The amount of pavement and building area is a major factor in determining the impact of a development. Therefore, limiting impervious surface coverage, as defined in §
121-74, is critical in maintaining environmental integrity. The limitation on impervious surface coverage for each district shown on the Dimensional Table in §
121-11B applies to the entire area to be subdivided, including all open space areas. Thus, individual lots may be allowed higher impervious surface coverage allotments, as long as the total coverage is within the limits prescribed. Conservation subdivision plats shall show on a table the impervious surface coverage limit for each building lot in order to establish compliance with this subsection. Driveways, roads and parking areas that are unpaved or surfaced with porous pavement shall be considered impervious surfaces, unless the Planning Board determines, upon the recommendation of the Town's Engineer, that such surfaces are only partially impervious. In such cases the permitted coverage by such materials may be adjusted upward based upon the Engineer's recommendation, provided that a note is placed on any approved plat indicating requirements for maintaining the permeability of such surfaces.
H. Accessory uses. Residential and nonresidential accessory uses may be combined in an open space development, provided that the applicant complies with all residential density, impervious surface, and open space requirements. Permitted nonresidential uses that may be included in a conservation subdivision include:
(1) Common buildings for meetings, dining, recreation, and for entertaining and lodging guests of the residents.
(2) Child-care facilities for residents of the development as well as those outside the development.
(3) Office space for use by administrators of the development as well as for use by residents of the development in the conduct of their own businesses, provided that such offices do not occupy more than 10% of the total floor area of the development.
(4) Storage facilities, which may be used for the needs of the development and its residents.
(5) Recreational facilities for use by residents and their guests.
(6) Convenience store not exceeding 5,000 square feet in floor space, providing goods for use primarily by residents of the development and the immediate neighborhood.
I. Conservation subdivision with reserved land. In order to encourage small subdivisions to follow conservation subdivision principles, there is no minimum tract size or number of lots required for a conservation subdivision. An applicant may create a conservation subdivision on a portion of a large parcel and reserve the remainder of the parcel for future development. In approving a subdivision of fewer than 15 lots on a parcel of land which may be further subdivided in the future, the Planning Board may require the applicant to execute a conservation easement that sets aside open space land on a pro rata basis in connection with the land being subdivided, rather than for the entire parcel. The land that is neither subdivided nor protected by a conservation easement shall be considered to be "reserved land" that is available for future subdivision and future open space protection. For example, if a parcel is large enough to have 30 lots but the applicant is only proposing 10, the applicant may do a conservation subdivision on 1/3 of the property, preserving the amount of open space required only for the portion to be developed rather than the amount required if the entire property were developed. The open space land must be in a configuration that will preserve buildable land of conservation value based upon a conservation analysis and must allow for subsequent extension of the conservation subdivision, unless the applicant elects to preserve the remainder of the parcel as open space land. The preserved open space therefore does not need to be contiguous with the building lots. Priority in open space protection shall be given to land identified as a priority conservation area in the Hudsonia Report. The Planning Board may require a conservation easement to limit future development of the parcel to the lot count permitted by §
121-20B. The Planning Board may waive submission of documentation of the full lot count where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable lot count. This provision may not be used to circumvent the restrictions on segmentation of development under SEQRA.
J. Minimum area and configuration of open space.
(1) Since one of the major purposes of conservation subdivision is to preserve open space, conservation subdivisions shall preserve at least 50% of the land as open space. The requirements for preserving such open space are described in Subsection
K below.
(2) Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot. Such open space may be owned by a homeowners' association, private landowner(s), a nonprofit organization or the Town or another governmental entity, as long as it is protected from development by a conservation easement and does not result in fragmentation of the open space land in a manner that compromises its conservation value. The required open space land may not include private yards located within 100 feet of a principal structure. The required open space land may contain up to twenty-five-percent land that is not buildable, except in the case of a partial conservation subdivision [see Subsection
J(1) above] where all of the open space land must be buildable land, as defined in §
121-74.
K. Preservation of open space by conservation easement. Open space set aside in a conservation subdivision, or as a condition of any special permit or site plan approval, shall be permanently preserved by a conservation easement. Such land may, but need not be, a separate tax parcel. Such land may be included as a portion of one or more large parcels on which dwellings and other structures are permitted, provided that a conservation easement is placed on such land pursuant to Subsection
K(3) below and provided that the Planning Board approves such configuration of the open space as part of its approval. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation value of such open space land as established in the conservation analysis required by Subsection
A above.
(1) Conservation value of open space. The open space protected must have conservation value as established by the conservation analysis and conservation findings. Examples of lands with conservation value include view corridors along scenic roads, agricultural land, ridgelines, steep slopes, designated critical environmental areas, large areas of mature forest, wetlands, water bodies and stream corridors. Prime and statewide important agricultural land, even if suitable for development, shall be considered land of conservation value.
(2) Notations on plat or site plan. Preserved open space land shall be clearly delineated and labeled on the final subdivision plat or site plan as to its use, ownership, management, method of preservation and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently reserved for open space purposes and shall contain a notation indicating the deed reference of any conservation easements or deed restrictions required to be filed to implement such restrictions.
(3) Requirements for conservation easements.
(a) A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, recreation, protection of natural resources or similar conservation purposes, 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 approved by the Planning Board and shall be required as a condition of approval. The Planning Board may require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office. In the case of subdivisions of less than five lots and minor projects, a deed covenant enforceable by the Town may be substituted for a conservation easement. Applicants are encouraged to consult with a qualified conservation organization, such as the Dutchess Land Conservancy, in preparing a conservation easement.
(b) The conservation easement shall protect the conservation values identified in the conservation analysis. It shall prohibit residential, industrial or commercial use of open space land (except in connection with agriculture, forestry and recreation) and shall not be amendable to permit such use. Access roads, driveways, local utility distribution lines, subsurface wastewater disposal systems, trails, temporary structures for outdoor recreation and agricultural structures shall be permitted on preserved open space land, provided that they do not impair the conservation value of the land. Dwellings may be constructed on portions of parcels that include protected open space land, provided that the dwellings are not constructed on the portion of the parcel that is protected by the conservation easement. The configuration of the open space land and dwellings shall not result in fragmentation of the open space land in a manner that interferes with its proper management and protection of its conservation values. (See the Rural Development Guidelines referred to in §
121-5 for a fuller explanation of this.)
(4) Ownership of open space land.
(a) Open space land that is protected by a conservation easement may be dedicated to Town, county or state governments, transferred to a nonprofit organization acceptable to the Planning Board, held in private ownership, owned in common by a homeowners' association (HOA), or held in such other form of ownership as the Planning Board finds adequate to properly manage the open space land and to protect its conservation value, based upon the conservation analysis.
(b) If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:
[1] The HOA must be set up before the final subdivision plat is approved and must comply with all applicable provisions of the
General Business Law.
[2] Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of common open space, private roads and other common facilities.
[3] The open space restrictions must be in perpetuity.
[4] The HOA must be responsible for liability insurance, property taxes and the maintenance of recreational and other facilities and private roads.
[5] Property owners must pay their pro rata share of the costs in Subsection
K(4) above, and the assessment levied by the HOA must be able to become a lien on the property.
[6] The HOA must be able to adjust the assessment to meet changed needs.
[7] The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[8] 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 individual owners in the HOA and the dwelling units they each own.
[9] The attorney for the Planning Board shall find that the HOA documents presented satisfy the conditions in Subsection
K(4)(b)[1] through
[8] above and such other conditions as the Planning Board shall deem necessary.
(5) Maintenance standards.
(a) Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to ensure that the open space land is not used for storage or dumping of refuse, junk or other offensive or hazardous materials.
(b) If the Town Board finds that the provisions of §
121-20K(5)(a) above are being violated such that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, 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 or properties.