Pursuant to New York State Town Law § 278, the Planning
Board is empowered to modify the minimum lot area, lot width and setback
requirements of the Zoning Law in order to enable and encourage flexibility of design and development of land in such a manner as to create conservation subdivisions; however, in no case shall any minimum shoreline setbacks be altered by the Planning Board. The requirements, procedures and standards set forth below shall apply and be adhered to. Note also that Article
3 of Chapter
179 requires conservation subdivisions in certain zoning districts and does not allow them in other districts, and specifies the minimum land area required for clustering in each zoning district. As such, Article
3 of Chapter
179 should be referred to in order to determine if a conservation subdivision is required, allowed or prohibited. In addition, the Development Objectives for Conservation Subdivisions set forth in §
A183-56 shall be followed.
The purpose of a conservation subdivision is to preserve large
areas of open space along with the natural and scenic resources within
them. Well-designed conservation subdivisions also lower building
costs by minimizing infrastructure, increase home values for residents
and protect the overall Town environment by, among other things, reducing
stormwater runoff.
In order to realize the purpose of this article, a conservation
design shall achieve the following objectives:
A. A development pattern which preserves outstanding natural topography
and geological features, scenic vistas, fields, and trees and prevents
the disruption of natural drainage patterns, including wetlands.
B. An efficient use of land resulting in smaller networks of utilities
and streets, while creating a network of open space, recreation areas
and paths for pedestrian and bicycle use.
C. A development pattern in harmony with the land use intensity, transportation
facilities and community facilities objectives of the Comprehensive
Land Use Plan.
The dwelling units shall be of the same type permitted in the
zoning district to which the procedures of this article are applied.
The procedure for the review of subdivision plats or plans shall
be the same as for any subdivision as per this chapter of Town law.