Town of Cazenovia, NY Conservation Subdivisions

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.

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.

Density calculation. The maximum density allowed for residential units is calculated by a formula based upon the acreage of "unconstrained land" on the property.

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).

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

Figure 1.b. Constrained Land

Figure 1.c. Density Calculation for RR-2 District

Total site acreage: 41.0 acres
Constrained acreage
	Floodplain:	8.0 acres
	Wetlands:	2.5 acres (1.0 acre overlaps with floodplain)
	Steep slopes:	1.0 acre 10.5 acres
Unconstrained acreage: 30.5 acres (30 acres rounded)
Total base density = 10 units (subject to 100-foot road frontage average)

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.

Conservation analysis.

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:

"Constrained land" as defined in Subsection B(1).

Buffer areas necessary for screening new development from adjoining parcels.

Land exhibiting present or potential recreational, historic, ecological, agricultural, water resource, scenic or other natural resource value.

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.)

Stone walls.

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.

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.

Figure 2.a. Conservation Analysis Inventory Map

Figure 2.b. Conservation Analysis Sample Preliminary Plan

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.

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.

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.

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.

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.

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.

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.

Other area and dimensional requirements.

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.

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.

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.

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.

§ 146A-3 Permanent open space.

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.

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.

Permanent preservation by conservation easement.

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.

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.

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.

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.

a. Conservation easement overlaps large lots

b. Conservation easement land as separate parcel

Figure 3. Conservation Easement Alternative Configurations

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.

Ownership of open space land.

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.

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:

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.

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.

The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.

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.

The HOA must be able to adjust the assessment to meet changed needs.

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.

(h)

The Town's Attorney shall find that the HOA documents presented satisfy the conditions in Subsection D(2)(a) through (g) above, and such other conditions as the Planning Board shall deem necessary.

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.

§ 146A-4 Rural design and siting 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.

Four basic elements establish the character of a development. These basic elements are:

Landform.

Gradient.

Slopes form.

Orientation.

Vegetation.

Species.

Massing.

Wildlife habitats.

Structures.

Setback/Location.

Height/Mass.

Roof form.

Circulation systems (vehicular and pedestrian).

Alignment (vertical and horizontal).

Width.

Edge treatment.

Landform. Landform is the signature element that is essential for achieving an environment that has its own identity or "sense of place."

In all districts, locally distinct natural landform features should generally be left in a natural state.

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.

Figure 4. Landform Character

Minimize cuts and fills. When grading is necessary, slopes should be graded to mimic existing slopes and blend smoothly into the surrounding landform. Graded slopes should be a maximum of 1:3 and gradually blend into surrounding slopes.

Figure 5. Blending Grading Into Existing Landform

New development should not erase landforms that are indigenous to the area. Instead, solutions should reflect and reinforce the area's own topographic features.

Figure 6. Landform Preservation

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:

Preserve existing vegetation patterns and species mix and density.

Select and place new vegetation in ways that enhance the rural indigenous vegetation characteristics, employing native species whenever possible.

In general, to protect rural character, vegetation should not be placed in geometric patterns that are associated with an urban environment.

Desirable

a. Diverse species content and clustered vegetation patterns are a result of natural propagation and succession and should be used in rural settings

Undesirable

b. Geometric alignment and designated species content are more appropriate for urban areas.

Figure 7. Vegetation Types and Patterns

In the rural environment vegetation, not structures, is the primary determinant of how far we can see and where we look.

Use existing vegetation and topography to buffer and screen new buildings if possible.

a. In rural areas, the massing and spacing of vegetation determines scale of space and framing of viewshed.

b. In urban area, siting, scale, and character of structures determines mass/space relationship and character of viewshed

Figure 8. Framing Views

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.

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.

Desirable

a. Building responds to site character and appears to "grow" from the site.

Undesirable

b. Existing topography is manipulated to accommodate buildings.

Figure 9. Siting of Structures

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.

Figure 10. Rural Road with Varied Setbacks

When building envelopes must be placed in open fields they should reflect the alignment and orientation of the site's natural features, unless such orientation would prove contrary to this chapter.

Figure 11. Orient Structures to Align with Topographic Character of Land

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.

Group building envelopes in clusters or tuck them behind tree lines or knolls rather than spreading them out across the landscape in a "sprawl" pattern.

a. Neighborhood Cluster

b. Hamlet Cluster

Figure 12. Clusters

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.

Massing of structures or structural elements influences rural character. Historically, rural buildings were often an assemblage of additions. Over time, these additions created a complexity of roof forms that have become icons associated with our rural agrarian environments.

Rural roof form options include, but are not limited to, symmetrically pitched or hip roofs with or without gables, and barn-type roof ends.

Figure 13. Roof Frames

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

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.

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.

Otherwise, vehicular and pedestrian circulation systems should be arranged to reflect the patterns of the site landform, vegetation, water bodies and vegetation massing.

Desirable

Figure 15.a. Subdivision Roads: Form responds to and enhances natural rural character. Features such as streams, vegetation and landform are incorporated into the design.

Figure 15.b. Subdivision Roads: Design using arbitrary geometric forms that require the removal of existing vegetation and dramatic alteration of site character and/or topography.

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.

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.

§ 146A-5 Review procedures.

Review process (See also Chapter 146 for other detail.). The conservation subdivision process involves the following steps:

Sketch plan review (optional).

Preliminary plat review.

Final plat review.

An applicant may request a sketch plan discussion with the Planning Board prior to the applicant making any formal subdivision submission.

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.

The sketch plan submitted need not be based upon surveyed data, but it should contain the following information:

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.

The Tax Map sheet, block and lot numbers, as available from the Town Assessor's office.

Information regarding all known restrictions on the use of land, including easements, covenants or zoning district classification.

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.

A concept plan to indicate what utilities would be available to service this subdivision.

An estimate of the number of lots and/or units that might be accommodated within the projects.

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.

Preliminary review. Review of a preliminary plat is mandatory for a conservation subdivision.

The preliminary plat application shall contain the following:

A density calculation, as described in § 146A-2B.

A conservation analysis as described in § 146A-2C, including a proposed conservation analysis map.

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.

Additional submission requirements available from the Zoning/Planning Department.

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]

[1]

Editor's Note: See Ch. 165, Zoning.

SEQR compliance for the preliminary plat shall be the same as required for a preliminary plat application of a traditional subdivision.

Consult Chapter 146 for other applicable procedures and regulations.

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]

The final plat review application shall contain the following:

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.

Proposed conservation easement(s) for the protection of permanent open space land.

A final land management plan for the permanent open space areas, to be incorporated into the conservation easement and made enforceable by the Town.

Evidence of compliance with all Planning Board requirements for any of the rural design and siting guidelines in § 146A-4 above.

Other submission requirements as specified by the Planning Board.

Consult Chapter 146 for other applicable procedures and regulations.

(g)

Homeowners' association (HOA) documentation/agreement, where applicable.