[HISTORY: Adopted by the Town Board of the Town of Cazenovia 11-2-2009 by L.L. No.
8-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Development and project fees — See Ch. 75.
Food damage prevention — See Ch. 93.
Freshwater wetlands — See Ch. 96.
Land disturbances — See Ch. 107.
Site plan review — See Ch. 133.
Stormwater management and erosion and sediment control — See Ch. 140.
subdivision of land — See Ch. 146.
Zoning — See Ch. 165.
Designation of critical environmental areas — See Ch. A169.
The purpose of these regulations is to achieve a balance between well-designed residential development, meaningful open space conservation, and natural resource protection in the countryside by requiring conservation subdivisions instead of traditional subdivisions. These regulations apply to all properties within the Town. The use of conservation subdivisions is intended to protect tracts of environmentally and scenically significant undeveloped land in the Town, including road corridors and buffer areas, in order to maintain the historic settlement pattern and implement the "Comprehensive Plan — Village and Town of Cazenovia" (the "Comprehensive Plan"). Conservation subdivisions result in the preservation of contiguous open space and important scenic and environmental resources, while allowing compact development, more walkable neighborhoods, and more design flexibility than traditional subdivisions. Conservation subdivisions must satisfy the standards in this chapter. The procedure for approving conservation subdivisions is described in this chapter and in Chapter 146 (Note: Chapter 146 also contains the procedures for the review and approval of traditional subdivisions.). Graphics in these regulations are included for illustrative purposes and to assist the applicant. Subject to the criteria of these regulations, the implementation of conservation subdivision is the primary method of subdivision unless the findings set forth in this chapter allow for a traditional subdivision.
A.
Applicability. Conservation Subdivision Regulations shall apply to
all proposed subdivisions in the Town of Cazenovia, subject to the
following:
[Amended 8-9-2010 by L.L. No. 3-2010]
(1)
Minimum
tract size. Only parcels demonstrating nine or more acres of unconstrained
land (not including the three unconstrained acres supporting any existing
dwelling) will be considered for conservation subdivision. Those parcels
meeting the minimum tract size shall comply with these regulations.
In addition, all parcels located in an Agricultural Overlay District
shall comply with the Conservation Subdivision Regulations notwithstanding
the minimum tract size requirement.
(2)
Certain
two-lot subdivisions. Conservation Subdivision Regulations shall not
apply where the lot being subdivided is being divided into no more
than two lots and such parent lot has not previously been subdivided
since the adoption of Local Law No. 8 of 2009 on November 2, 2009.
Any subsequent subdivision of the lot(s) will be subject to conservation
subdivision requirements, where applicable.
B.
Density calculation. The maximum density allowed for residential
units is calculated by a formula based upon the acreage of "unconstrained
land" on the property.
(1)
To determine unconstrained acreage, subtract from the total (gross)
acreage of the proposed development parcel the acreage of "constrained
land." Constrained land includes DEC and Army Corps of Engineers wetlands,
watercourses, one-hundred-year floodplains, public and private road
rights-of-way, utility easements and steep slopes (containing an average
grade of 15% or more, and which slopes are 5,000 square feet or more
of contiguous sloped area).
(2)
To determine the "base" number of allowable residential units on
the site, divide the unconstrained acreage by the allowable number
of acres per unit required within the zoning district. (Round down
fractional acres of 0.5 or less and round up fractional acres greater
than 0.5.) The resulting number is the "base density" allowed on the
site.
Figure 1.a. Existing Conditions Site Boundary
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Figure 1.b. Constrained Land
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Figure 1.c. Density Calculation for RR-2 District
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Total site acreage: 41.0 acres
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Constrained acreage
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Floodplain:
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8.0 acres
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Wetlands:
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2.5 acres
(1.0 acre overlaps with floodplain)
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Steep slopes:
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1.0 acre
10.5 acres
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Unconstrained acreage: 30.5 acres (30 acres rounded)
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Total base density = 10 units (subject to 100-foot road frontage
average)
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(3)
However, the allowed number of building lots shall also factor in
a depiction of a plat plan demonstrating an average road frontage
for all lots of at least 100 feet of road or street for purpose of
the density analysis.
C.
Conservation analysis.
(1)
As part of its preliminary plat submission (see § 146A-5), an applicant for any subdivision or resubdivision under these regulations shall prepare a conservation analysis, consisting of inventory maps, description of the land, and an analysis of the conservation value of various site features. (See the Zoning Office for assistance.) The conservation analysis shall show lands with conservation value, including but not limited to the following:
(b)
Buffer areas necessary for screening new development from adjoining
parcels.
(c)
Land exhibiting present or potential recreational, historic,
ecological, agricultural, water resource, scenic or other natural
resource value.
(d)
Farmland, USDA prime soils and soils of agricultural significance,
trail corridors, stream corridors, ponds, lakes, scenic viewsheds,
public water supply watersheds and wellheads, park and recreation
land, unfragmented forest land, and historic and archaeological sites.
(Guidance for these resources may be found in, among other plans,
the Comprehensive Plan or any adopted open space or farmland protection
plan.)
(e)
Stone walls.
(f)
Trees 12 inches' diameter at breast height (dbh) or larger (which
may be shown in groupings).
(g)
Other land exhibiting present or potential future recreational
historic, ecological, agricultural, water resource, scenic or other
natural resource value, as determined by the Planning Board. The applicant
is strongly advised to meet with the Cazenovia Area Conservation Commission
(CACC) for site review and assistance in preparation of its subdivision
plat plan and conservation analysis.
(2)
The conservation analysis shall describe the importance and the current
and potential conservation value of all land on the site. In the course
of its preliminary plat review, the Planning Board shall indicate
to the applicant which of the lands identified as being of conservation
value are most important to preserve.
(3)
The outcome of the conservation analysis and the Planning Board's
determination shall be incorporated in the approved preliminary plan
and any final plat plan showing land to be permanently preserved by
a conservation easement, as well as recommended conservation uses,
ownership, and management guidelines for such land. The preliminary
plan shall also show preferred locations for intensive development
as well as acceptable locations for less dense development.
(4)
The final 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. Whenever the Planning Board approves
a plan with protected open space, it shall make written findings identifying
the specific conservation values protected and the reasons for protecting
such land (the "conservation findings"). The Planning Board shall
deny an application that does not include a complete conservation
analysis sufficient for the Board to make its conservation findings.
The Planning Board may waive any submission requirements that it,
in its sole discretion, deems unnecessary for a complete conservation
analysis.
(5)
The preliminary plan shall show the following as land to be protected by conservation easement: an amount of land no smaller than the total amount of constrained land identified in the analysis in Subsection B.
(6)
Limited allowance for traditional subdivisions.
(a)
If, based upon the conservation analysis, the Planning Board
determines in its conservation findings that there is no reasonable
basis for requiring a conservation subdivision, the Board may approve
a traditional development of the site. In order for the Planning Board
to make such a determination, the applicant must demonstrate at least
one of the following:
[1]
The land contains no substantial resources with conservation
value;
[2]
The acreage is too small to preserve a substantial amount of
land with conservation value (this criterion shall not be evaded by
piecemeal subdivision of larger tracts);
[3]
The lot configuration is unique and precludes preservation of
a substantial amount of land with conservation value; and/or
[4]
That there are extraordinary circumstances unique to the parcel
that demonstrates that a traditional subdivision is in the best interest
of the adjacent neighborhoods.
(b)
In order to make the required showing under Subsection C(6)(a)[2] or [3] above, the applicant must also demonstrate that the parcel does not adjoin other land that, when combined with open space on the parcel, would result in the preservation of a substantial amount of land with conservation value (including any portion of a designated trail corridor), regardless of whether or not the adjoining parcels have been protected as open space.
(7)
An approval of a traditional subdivision shall refer to the conservation
findings and may be conditioned upon the protection by conservation
easement of portions of the site identified in the conservation analysis
and findings as having conservation value.
D.
Types of development in a conservation subdivision. The allowable residential units may be developed as single-family or two-family residences where allowed under Chapter 165. However, under no circumstances may the inclusion of two-family units derive a greater density.
E.
Lot sizes in conservation subdivisions. There shall be no minimum
individual lot size in a conservation subdivision. The Planning Board
shall determine appropriate lot sizes in the course of its review
of a conservation subdivision based upon the purposes and design criteria
established in this chapter. In order to permit a clustered lot configuration,
wells and septic systems may be located in areas of protected open
space, provided that necessary easements are provided for maintenance
of these facilities. Proposed wells and septic systems must meet all
Town, county and state regulations.
F.
Other area and dimensional requirements.
(1)
There shall be no required area, bulk, or dimensional standards in
a conservation subdivision, except that where such subdivision abuts
an existing residence in a residentially zoned area, a suitable buffer
area shall be required by the Planning Board. This buffer shall be
at least the same distance as the minimum rear or side yard setback
in the district in which the abutting land is located.
(2)
The applicant shall specify dimensional requirements for a proposed
conservation subdivision by identifying setbacks and other lot dimensions
to be incorporated into the final plat.
G.
Conservation subdivision of a portion of larger tract. The Planning Board may entertain an application to develop a portion of a parcel if a conservation analysis is provided for the entire parcel and the approval to develop a portion of the parcel is not a basis for the applicant or successor in interest to subsequently request an exception under Subsection C(6) for the remainder of the parcel.
H.
Conservation subdivision design guidelines. Lots shall be arranged in a manner that protects land of conservation value and, where appropriate, facilitates pedestrian and bicycle circulation. The lot layout shall, to the extent feasible, comply with the design guidelines in § 146A-4. Permitted building locations or areas ("building envelopes") shall be shown on the final plat.
Open space set aside in a conservation subdivision shall be
permanently protected as required by this section. Any development
permitted on land located in a conservation subdivision that is not
protected as open space shall not compromise the conservation value
of such open space land.
A.
Conservation value of open space. The open space protected pursuant to this section must have "conservation value," which shall be determined in the course of the conservation analysis in § 146A-2C.
B.
Permanent preservation by conservation easement.
(1)
A perpetual conservation easement restricting development of the
open space land and allowing use only for agriculture, forestry, passive
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, and/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 final plat approval. The Planning Board shall 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 plat in the County Clerk's office.
(2)
The conservation easement shall prohibit residential, industrial,
or commercial use of open space land (except in connection with agriculture,
cultural, forestry, and passive recreation), and shall not be amendable
to permit such use. Access roads, driveways, wells, underground sewage
disposal facilities, local utility distribution lines, stormwater
management facilities, trails, temporary structures and bathrooms
for passive outdoor recreation, and agricultural structures shall
be permitted on preserved open space land with Planning Board approval,
provided that they do not impair the conservation value of the land.
Forestry shall be conducted in conformity with applicable best management
practices.
(3)
A land management plan, approved by the Planning Board, shall be
included in the conservation easement. The conservation easement shall
provide that if the easement holder/grantor or Town finds that the
management plan has been violated in a manner that renders the condition
of the land a public nuisance, the easement holder/grantor or Town
may, upon 30 days' written notice to the owner, enter the premises
for necessary maintenance, and that the cost of such maintenance by
the Town shall be assessed against the landowner or, in the case of
a homeowners' association (HOA), the owners of properties within
the development, and shall, if unpaid, become a tax lien on such property
or properties.
(4)
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. The
conservation easement may allow dwellings to be constructed on portions
of lots that include preserved open space land, provided that the
total number of dwellings permitted by the conservation easement in
the entire subdivision is consistent with applicable density limitations
of this chapter.
C.
Notations on final plat. Preserved open space land shall be clearly
delineated and labeled on the subdivision final plat as to its use,
ownership, management, method of preservation, and the rights, if
any, of the owners of lots in the subdivision and the public to the
open space land. The final plat shall clearly show that the open space
land is permanently preserved for conservation purposes by a conservation
easement required by this section, and shall include deed recording
information in the County Clerk's office for the conservation
easement.
D.
Ownership of open space land.
(1)
Open space land shall under all circumstances be protected by a perpetual
conservation easement, but may be owned in common by an HOA (created
under New York State law), offered for dedication to Town, county,
or state governments, transferred to a nonprofit organization acceptable
to the Planning Board, held in private ownership, or held in such
other form of ownership as the Planning Board finds appropriate to
properly manage the open space land and to protect its conservation
value.
(2)
If the land is owned or is to be owned in common by an HOA, such
HOA shall be established in accordance with the following:
(a)
The HOA must be established before the approved subdivision
final plat is signed, and must comply with all applicable provisions
of the General Business Law.
(b)
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.
(c)
The HOA must be responsible for liability insurance, property
taxes, and the maintenance of recreational and other facilities and
private roads.
(d)
Property owners must pay their pro-rata share of the costs mentioned
above, and the assessment levied by the HOA must be able to become
a lien on the property.
(e)
The HOA must be able to adjust the assessment to meet changed
needs.
(f)
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.
(g)
Ownership shall be structured in such a manner that real property
taxing authorities can satisfy property tax claims against the open
space lands by proceeding against individual owners in the HOA and
the dwelling units they each own.
E.
Use of private roads. A conservation subdivision may, when authorized
by the Planning Board, utilize private (nondedicated) roads. However,
in no case may a parcel considered for conservation subdivision exceed
one private road, nor may any private road serve more than five lots.
The Planning Board may modify these requirements when there is a finding
that to do so will not impair the health, safety or welfare of the
citizens of the Town. See Town of Cazenovia Private Road Standards.
The following guidelines should be considered in the process of designing and siting uses for conservation (and, where appropriate, traditional) subdivisions. When locating new structures on the land, there are many options in the siting, configuration, size and arrangement of elements in the landscape. These choices define the character of the developed landscape environment. These guidelines are examples of the preferred way to design and site structures, but they should not be considered the only acceptable solution. These guidelines shall be interpreted to be read in conjunction with Chapters 133, 146 and 165.
A.
Four basic elements establish the character of a development. These
basic elements are:
B.
Landform. Landform is the signature element that is essential for
achieving an environment that has its own identity or "sense of place."
(1)
In all districts, locally distinct natural landform features should
generally be left in a natural state.
(2)
Natural rural landforms are typically soft and roll due to the rounding
effect of wind and water over time. Geometric landforms may also be
present in areas of shallow bedrock or seasonal flooding. The character
and diversity of the natural landform should be reflected in grading
to accommodate development.
C.
Vegetation. In addition to the benefits plants offer the ecological
system (soil stabilization, clean air, wildlife habitat), their presence
or absence, how they are configured or arranged, and their species
have a significant influence on development character. Every effort
should be made to:
(1)
Preserve existing vegetation patterns and species mix and density.
(2)
Select and place new vegetation in ways that enhance the rural indigenous
vegetation characteristics, employing native species whenever possible.
(3)
In general, to protect rural character, vegetation should not be
placed in geometric patterns that are associated with an urban environment.
(4)
In the rural environment vegetation, not structures, is the primary
determinant of how far we can see and where we look.
(5)
Use existing vegetation and topography to buffer and screen new buildings
if possible.
D.
Structures. The height, placement, forms and patterns of building
envelopes can establish a suburban or rural character to any development.
The intent of this section is to identify building envelopes, forms
and patterns that are complementary to and reflective of rural characteristics.
(1)
Building envelopes in rural areas should be designed to maximize
the preservation of the site's natural features (e.g., landform,
vegetation); whereas in existing suburban environments, sites are
more often modified to accommodate the building.
(2)
The placement of building envelopes in relationship to streets and
highways critically affects the character of a community. For example,
varied setbacks provide a different experience than a street where
buildings are placed uniformly along a street. Rural placement is
historically deeper and more varied than in suburban environments
and therefore recommended.
(4)
To the extent possible, site building envelopes so that future buildings
will be screened by treetops and crest lines of hills as seen from
public places and roads, with particular emphasis on the scenic viewpoints
identified in Chapter 2.3, § D, of the Comprehensive Plan.
Use vegetation as a backdrop (and foreground) to reduce the prominence
of the structure. Wherever possible, open up views by selective cutting
of small trees and pruning lower branches of large trees, rather than
by clearing large areas or removing mature trees.
(5)
The dominant visual context from the rural roads should be of natural
and agricultural features, with structures visually subservient. Typically,
development should be interior lot development with the majority of
the immediate highway viewshed preserved.
(6)
The following structural guidelines apply only to structures in conservation
subdivisions. The intent in these areas is to have the mass and roof
forms of structures contribute to the rural character of the development.
These guidelines are examples of the preferred way to design and site
uses but they should not considered the only acceptable solution,
as long as any proposed alternative contributes to the stated goals
of this chapter.
E.
Circulation systems. Circulation systems are comprised of both vehicular
and pedestrian systems. In general, rural vehicular and pedestrian
systems are curvilinear in alignment, a pattern that evolved out of
historic systems following the lines of least resistance (e.g., stream
corridors) following natural landforms.
Figure 14. Curvilinear road alignments are created by
following the line of least topographic resistance
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(1)
Whenever possible, roads (and the resultant lot layout) should be
planned and designed so that the site's cultural and environmental
features are preserved and enhanced.
(2)
Vehicular and pedestrian circulation systems should retain and reuse
historic farm roads and lanes. This guideline allows a development
to build upon the site's historic context while minimizing clearing
and disruption of the landscape. Care should be taken to apply this
guideline only where its implementation would not destroy the historic
lanes, hedgerows and stonewalls it was meant to preserve.
(3)
Otherwise, vehicular and pedestrian circulation systems should be
arranged to reflect the patterns of the site landform, vegetation,
water bodies and vegetation massing.
(4)
Minimize clearing of vegetation at the edge of the road, clearing
only as much as is necessary to create a driveway entrance with adequate
sight distance. Use curves in the driveway to increase the screening
of buildings.
(5)
Rural road edges are historically unprotected (e.g., no curbs or
gutters, with only a shoulder for user safety).
(6)
Trail systems connecting destination areas should be comprised of
flexible materials (e.g., asphalt, stone dust, and bark) and connect
areas of concentrated development.
(7)
Trails should be naturalistic.
(8)
Sidewalks should be used only to connect facilities within areas
of concentrated development.
B.
An applicant may request a sketch plan discussion with the Planning
Board prior to the applicant making any formal subdivision submission.
(1)
The submission of a sketch plan is an option available to the applicant.
It is a preapplication procedure. The applicant may exercise this
option for a preapplication discussion for the purpose of seeking
advice and direction.
(2)
The sketch plan submitted need not be based upon surveyed data, but
it should contain the following information:
(a)
A vicinity map showing the location of the land to be subdivided
and the boundaries of all tax parcels within 500 feet of the property.
(b)
The Tax Map sheet, block and lot numbers, as available from
the Town Assessor's office.
(c)
Information regarding all known restrictions on the use of land,
including easements, covenants or zoning district classification.
(d)
A sketch showing the approximate area of the project that might
constitute constrained lands (wetlands, floodplains, steep slopes,
rock outcrops, shallow bedrock, etc.) and the area that might be classified
as developable lands.
(e)
A concept plan to indicate what utilities would be available
to service this subdivision.
(f)
An estimate of the number of lots and/or units that might be
accommodated within the projects.
(3)
During the sketch plan discussion, the applicant and the Planning
Board may discuss the possible requirements of the project in relation
to standards for street improvements, grading, drainage, sewerage,
water supply, fire protection and similar aspects, as well as the
availability of existing services and other pertinent information.
C.
Preliminary review. Review of a preliminary plat is mandatory for
a conservation subdivision.
(1)
The preliminary plat application shall contain the following:
(b)
A conservation analysis as described in § 146A-2C, including a proposed conservation analysis map.
(c)
A schematic diagram showing which areas on the parcel would
be developed and where land would be protected as permanent open space
by a conservation easement. Such a diagram may, but need not, locate
specific house sites, lot lines, or road alignments.
(d)
Additional submission requirements available from the Zoning/Planning
Department.
(2)
The preliminary plat shall be reviewed by the Planning Board, which shall hold a public hearing and make its conservation findings as required by § 146A-3A. The notice and hearing procedures shall be the same as those for a traditional subdivision contained in Chapter 146, Subdivision of Land, of the Town of Cazenovia Code. In order to approve a preliminary plat, the Planning Board must find that it complies with all otherwise relevant provisions of the Zoning Ordinance.[1]
(3)
SEQR compliance for the preliminary plat shall be the same as required
for a preliminary plat application of a traditional subdivision.
D.
Final plat review. The procedure for final plat review, including notice and hearing procedures, shall be the same as those for a traditional subdivision plan contained in Chapter 146, Subdivision of Land, of the Town of Cazenovia Code. In order to approve a final plat, the Planning Board must find that it is consistent with the preliminary plat and complies with all other relevant provisions of the Zoning Ordinance.[2]
(1)
The final plat review application shall contain the following:
(a)
All the materials required for approval as provided in Chapter 146, Subdivision of Land, of the Town of Cazenovia Code, unless waived by the Planning Board.
(b)
Proposed conservation easement(s) for the protection of permanent
open space land.
(c)
A final land management plan for the permanent open space areas,
to be incorporated into the conservation easement and made enforceable
by the Town.
(d)
Evidence of compliance with all Planning Board requirements for any of the rural design and siting guidelines in § 146A-4 above.
(e)
Other submission requirements as specified by the Planning Board.
(g)
Homeowners' association (HOA) documentation/agreement,
where applicable.
(2)
SEQR compliance for the final plat shall be the same as required
by the Town Law for final plat approval.