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 RC,
RR, IC, 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 §
175-19A 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. The conservation analysis shall follow applicable criteria and recommendations in the Philipstown Natural Resources and Open Space Plan. Applicants are encouraged to consult with the Town's Natural Resources Review Officer, Philipstown Conservation Board, the Putnam County Soil and Water Conservation District, and Hudson Highlands Land Trust when preparing a conservation analysis. The Planning Board may waive some of the requirements below for portions of a property where no development will occur or where the collection of information listed below would be unreasonably burdensome to the property owner. The Planning 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 of 20% to 35% and slopes greater than 35%, measured as described in §
175-36B(6).
(b)
Farmland, trail corridors, scenic viewsheds, public water supply
wellheads, park and recreation land, unfragmented forestland, and
historic and archaeological sites, if such areas are specifically
identified in the Comprehensive Plan or the Town's Natural Resources
and Open Space Plan.
(c)
Designated overlay zones for scenic protection, stream corridors,
aquifers, 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 diameter at breast height (dbh) or larger.
(f)
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. It shall also take into account land that has been disturbed, developed, or altered in the past and which may therefore be more suitable for development. 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.
(3) The outcome of the conservation analysis and the Planning Board's
determination shall be incorporated into the sketch 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 sketch 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, 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.
B. Density calculation. The maximum number of dwelling units in a conservation subdivision is based upon either a yield plan or a density formula that subtracts constrained land from the parcel's acreage and divides the net acreage by the minimum lot size in the district. This density formula method is intended to simulate, in a more efficient manner, the lot count that would result from preparing a conventional subdivision yield plan for the same property. An applicant may elect either to prepare a yield plan pursuant to Subsection
B(2) or to use the density formula pursuant to Subsection
B(1).
(1) To calculate the permitted number of dwelling units using the "density
formula" method:
(a)
Determine the unconstrained acreage by subtracting from the total (gross) acreage of the proposed development parcel 75% of the acreage of constrained land. Constrained land consists of wetlands as defined in §
175-74, watercourses, floodplains, cemeteries, and slopes of 20% or greater.
(b)
Multiply the unconstrained acreage as established in Subsection
B(1)(a) above by a development loss factor of 0.85 (to account for roads and lot shape irregularities).
(c)
Divide the resultant area by the maximum density for a conservation
subdivision in the district. Fractional units of any size shall be
rounded up.
(2) To calculate permitted number of dwelling units using the "yield
plan" method:
(a)
The applicant shall prepare and submit an application that satisfies
all of the requirements for a preliminary plat in the Land Development
Regulations, complying with all applicable bulk requirements and other
requirements of this Zoning Law, as well as with all standards and
requirements of the Land Development Regulations, other chapters in
the Town Code, and all applicable requirements of the Putnam County
Health Department (including all required soil tests), New York State
Department of Environmental Conservation, United States Army Corps
of Engineers, and any other agency with jurisdiction over the project
as shown on the yield plan. The minimum lot size in the yield plan
shall be the maximum density figure for a conservation subdivision
shown on the Dimensional Table.
(b)
The applicant shall be required to show compliance with the requirements listed in Subsection
B(2)(a) by submitting road profiles, soil and percolation test results, well test results, and any other information the Planning Board deems necessary to conduct an adequate review of an application as if it were being proposed for approval as a conventional subdivision.
(c)
Based upon its review and analysis of this information, which
shall be conducted at the applicant's expense, the Planning Board
shall make a determination as to how many lots it could approve as
buildable lots if such application were submitted for approval as
a conventional subdivision. In making this determination, the Planning
Board shall take into consideration the economic feasibility of construction
of roads and driveways shown on the yield plan. The number of lots
determined to be allowable and feasible by the Planning Board shall
be the maximum number of units permitted in the conservation subdivision
using the yield plan method.
(3) The density calculation may be submitted at either the sketch plan
or preliminary plat stage of the application, at the applicant's election.
(4) An applicant may increase the permitted number of dwelling units
(using either method) by the use of density bonuses granted at the
discretion of the Planning Board. The following density bonuses may
be permitted:
(a)
If the applicant increases the percentage of open space preserved
by conservation easement beyond the required minimum, the Planning
Board may grant the applicant an increase in the permitted number
of dwelling units of up to 5% for every 10% of additional open space
protected beyond the minimum required for the entire parcel.
(b)
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), the
Planning Board may grant an increase in the permitted number of dwelling
units of up to 15%.
(5) The maximum number of units as determined by this §
175-20B, whether derived from the density formula or the yield plan, and the density bonuses described in Subsection
B(4) shall not be considered an entitlement. The applicant must also demonstrate compliance with all applicable criteria and standards of the Zoning Law, Land Development Regulations, and other applicable laws and regulations. These requirements may result in an actual approvable unit count that is less than the maximum allowed by Subsections
B(1),
(2) or
(4) above. If the Planning Board has a reasonable basis to believe that the number of units that would result from a yield plan would be substantially less than the number allowed by the density formula, it may require the submission of a yield plan which shall be the basis for determining the allowable unit count.
(6) For purposes of applying the density calculations in this section,
a studio dwelling unit shall be counted as 0.5 dwelling unit, a one-bedroom
dwelling unit shall be counted as 0.67 dwelling unit, a two-bedroom
unit shall be counted as 0.75 dwelling unit, and a three-bedroom or
larger dwelling unit shall be counted as one dwelling unit. All dwelling
units which are treated as less than one full dwelling unit under
this section shall be required to have permanent deed restrictions,
in a form acceptable to the Planning Board, limiting them to the approved
number of bedrooms. This shall not prevent an applicant from building
a dwelling unit of less than three bedrooms and counting it as a full
dwelling unit for density purposes, in which case no deed restriction
shall be required and future expansion of the dwelling or dwelling
unit shall be permitted.
C. Minimum lot size. The limiting factor on lot size in conservation subdivisions is the availability of water and sewer infrastructure and the impacts of nitrate loading on well water supplies. Therefore, minimum lot sizes are based upon the availability of such infrastructure, including consideration of nitrate loading concerns and the use of preserved open space for individual or common leach fields, and are the same as indicated for the hamlet districts in §
175-11D.
D. Arrangement of lots. Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian and bicycle circulation. The lot layout shall be designed with consideration of applicable portions of the Rural Design Guidelines and Hamlet Design Guidelines published by the New York Planning Federation (1994), or such other guidelines as may be adopted by the Planning Board. Lots shall also be arranged to maximize protection of wells from nitrate loading problems (see Subsection
I).
E. 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 for all lots in a conservation subdivision
shall be no less than those specified in the Dimensional Table for the HM District for lots fronting on Town roads.
F. 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 §
175-74, is critical in maintaining environmental integrity. The limitation on impervious surface coverage for each district shown on the Dimensional Table in §
175-11B 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.
G. Accessory uses. Residential and nonresidential accessory uses may
be combined in a conservation subdivision, 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.
H. Minimum area and configuration of open space.
(1) Since one of the major purposes of a conservation subdivision is to preserve open space, conservation subdivisions shall preserve at least 60% of the land as open space. Within the OSO District, the minimum shall be 80%. The requirements for preserving such open space are described in §
175-21.
(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.
I. Prevention of excess nitrate loading. In any conservation subdivision
containing 10 or more dwelling units which is not served by a common
or municipal sewage disposal facility, the applicant shall provide
an analysis of the impact of nitrate loading on groundwater and surface
water and shall take all necessary measures to prevent any adverse
impacts on water resources. Such measures may include grouping the
development into smaller clusters of eight or fewer units, requiring
lots larger than the minimums otherwise required, arranging lots along
the contours of a hillside rather than up and down the hillside to
prevent septic leachate from flowing downhill into wells, and/or the
use of enhanced on-lot wastewater treatment systems, common wastewater
treatment systems, or community water systems.
J. Recreation land or fee. In applying the provisions of §
112-43 of the Town Code pertaining to parks and open space, the Planning Board shall apply the standards in § 277(4) of the Town Law to determine whether or not the preserved open space land in a conservation subdivision qualifies as the parkland required under Section 277(4) for playgrounds or other recreational purposes within the Town. In the event that the Planning Board finds that the proposed development will generate demand for playgrounds or other recreational facilities which will not be satisfied by the preserved open space in the proposed development plan, the Planning Board shall require the payment of money in lieu of land pursuant to §
112-43A of the Town Code.
Flag lots, also known as rear lots, are lots where most of the
land is set back from the road and access is gained through a narrow
access strip. Where carefully planned, such lots can enable landowners
to develop interior portions of parcels at low density and low cost,
preserving roadside open space, and avoiding the construction of expensive
new Town roads. Flag lots with or without access strips running to
public or private roads may be created within the RC, RR, and SR Districts,
provided that they will not endanger public health and safety and
will help preserve natural, historic, and scenic resources. The following
requirements apply to flag lots:
A. Each flag lot shall have a minimum frontage of 35 feet on an improved
public or private road and an access strip or a deeded right-of-way
easement over other lands providing legally adequate and physically
practical access to a public or private road. Such access strip or
deeded right-of-way easement shall be at least 35 feet wide for its
entire length from the road frontage to the portion of the lot where
building is permitted.
B. Minimum lot sizes for flag lots shall be three times the size required for conventional subdivision lots in the Dimensional Table in Section
175-11. The area of the access strip shall not be counted in the
calculation of minimum lot size.
C. Except as indicated in Subsection
B above, flag lots shall meet all other dimensional requirements for a conventional subdivision lot in the applicable district. Minimum lot width shall be the same dimension as the minimum required road frontage. The minimum setbacks shall be 50 feet from all property lines.
D. There shall be no more than two adjoining access strips, which shall
share one common driveway. The common driveway shall be subject to
a recorded maintenance agreement approved by the Planning Board. No
more than three lots may be served by a common driveway.
E. All flag lots shall have safe access for fire, police, and emergency
vehicles.
F. The proposed flag lots shall not result in degradation of important
natural resource and landscape features, including but not limited
to ponds, streams, steep slopes, ridgelines, and wetlands.
G. When necessary to satisfy the criteria in Subsection
F above, the Planning Board may require the applicant to grant a conservation easement or restrictive covenant enforceable by the Town that designates where the house, driveway, and utilities may be constructed on the flag lot, and requires preservation of the remainder of the lot as open space.