A.
Special provisions for minor conservation subdivisions. When the
minor subdivision plat is submitted, the Planning Board shall ensure
that the subdivider conformed to the following four design steps in
determining the layout of the open space lands, home sites, proposed
streets, and property lines: (Page 53 of the Town of Kinderhook Comprehensive
Plan contains an illustration of this process.)
(1)
Designation of open spaces. During the first step, all potential
primary and secondary conservation areas are identified on the preliminary
plan showing the existing features. Open space may adjoin housing
areas that have been designed more compactly to create larger areas
that may be used by all residents of the development, if desired.
Guidance on which parts of the land to classify as conservation areas
shall be based upon:
(2)
Location of house sites. During this second step, potential house
sites are tentatively located on that portion of the parcel not designated
as open space. Tentative locations of house sites shall be prepared
for the preliminary plan and, later, proposed houses shown on the
subdivision plat. House sites should generally be located not closer
than 50 feet to conservation areas, unless further distances are required
as setbacks from wetlands by the New York State Department of Environmental
Conservation. House sites shall not be located within 100 feet of
the center of any year-round stream having no mapped floodplain, nor
may house sites be within 100 feet in depth adjacent to existing wetlands
and other surface waters, including springs and ponds.
(3)
Street layout. After the conservation land has been tentatively located and potential home sites sketched in, this step is to determine the best way to access every residence with a street system, if needed. If a street system is needed, it shall not be located on any portion of the parcel designated as preserved open space. Curving roads or shorter, straight segments connected by ninety-degree and one-hundred-thirty-five-degree bends are preferable. Y-shaped intersections and use of short, curvilinear segments that terminate in frequent intersections make it more difficult for motorists to travel at excessive speeds. Whenever possible, street systems should be designed so that their curvature or alignment produces vistas of the open space elements. Single-loaded streets, where houses exist only on one side, are acceptable and may be used to allow homes to face onto open space. Street layout requirements of §§ 215-14 and 215-15 shall be followed.
(4)
Lot lines. The third step is to draw in the lot lines. These are
generally drawn midway between house locations and may include L-shaped
flag lots or other irregularly shaped lots meeting the Town's
minimum standards for setbacks, side yards and lots. Lot sizes may
vary and have a minimum of 1/2 acre or the minimum size as required
for septic system installation by the Columbia County Department of
Health. Lot lines may extend into that portion of the parcel preserved
as open space.
B.
Special provisions for major conservation subdivisions. When the
major subdivision plat is submitted, the Planning Board shall ensure
that the subdivider conformed to the following four design steps in
determining the layout of the open space lands, home sites, proposed
streets, and property lines: (Page 53 of the Town of Kinderhook Comprehensive
Plan contains an illustration of this process.)
(1)
Designation of open spaces. During the first step, all potential
primary and secondary conservation areas are identified on the preliminary
plan showing the existing features. Open space may adjoin housing
areas that have been designed more compactly to create larger areas
that may be used by all residents of the development, if desired.
Guidance on which parts of the land to classify as conservation areas
shall be based upon:
(2)
Location of house sites. During this second step, potential house
sites are tentatively located. Tentative locations of house sites
shall be prepared for the preliminary plan and, later, proposed houses
shown on the subdivision plat. House sites should generally be located
not closer than 50 feet to conservation areas, unless further distances
are required as setbacks from wetlands by the New York State Department
of Environmental Conservation. House sites should not be located within
100 feet of the center of any year-round stream having no mapped floodplain,
nor may house sites be within 100 feet in depth adjacent to existing
wetlands and other surface waters, including springs and ponds.
(3)
Street layout. After the conservation land has been tentatively located and potential home sites sketched in, this step is to determine the best way to access every residence with a street system. Curving roads or shorter, straight segments connected by ninety-degree and one-hundred-thirty-five-degree bends are preferable. Y-shaped intersections and use of short, curvilinear segments that terminate in frequent intersections make it more difficult for motorists to travel at excessive speeds. Whenever possible, street systems should be designed so that their curvature or alignment produces vistas of the open space elements. Single-loaded streets, where houses exist only on one side, are acceptable and may be used to allow homes to face onto open space. Street layout requirements of §§ 215-14 and 215-15 shall be followed.
(4)
Lot lines. The third step is to draw in the lot lines. These are
generally drawn midway between house locations and may include L-shaped
flag lots or other irregularly shaped lots meeting the Town's
minimum standards for setbacks, side yards and lots. Lot sizes may
vary and have a minimum of 1/2 acre or the minimum size as required
for septic system installation by the Columbia County Department of
Health.
C.
Setbacks. A front setback shall be a minimum of 35 feet.
D.
Open space criteria in a conservation subdivision. The minimum percentage
of land that shall be designated as permanent open space, not to be
further subdivided, part of one or more buildable lots, and protected
as stated below:
(1)
A minimum of 50% of the total tract area.
(2)
All undivided open space and any lot capable of further subdivision
shall be restricted from further subdivision by an appropriate designation
on the approved plat and, in addition, through one of the following
recorded instruments:
(a)
A conservation easement (which is the preferred instrument), in a form acceptable to the Town and recorded at the County Clerk's office. Refer to § 215-1, Definitions, of this chapter for the definition of "conservation easement."
(b)
A declaration of covenants or deed restriction, in a form acceptable
to the Town and recorded in the County Clerk's office, where
a conservation easement has been shown not to be practicable.
(3)
The conservation easement, declaration of covenants or deed restriction
shall restrict development of the open space to no more than one dwelling
and allow the use of such space only for agriculture, forestry, recreation
or similar purposes. The Planning Board, with the advice of the Town
Attorney, shall approve the form and content of any easement, declaration
or restriction. The filing of an approved easement, declaration or
restriction shall be made a condition of final plat approval.
(4)
The required open space may be used for underground drainage fields
or for individual or community septic systems. However, septic systems
shall not be allowed in open spaces preserved for agriculture.
(5)
Stormwater management ponds or basins may be included as part of
the minimum required open space, as may land within the rights-of-way
for underground pipelines. However, land within the rights-of-way
of high-tension power lines shall not be included as comprising part
of the minimum required open space.
(6)
Land preserved as open space shall contain at least 50 feet or 3%
of the perimeter of the preserved open space of road frontage, whichever
is greater.
E.
Location of open space and lot layout. Other characteristics of qualifying
open space are detailed below. The preserved open space shall not
include the area within a building envelope.
[Amended 8-8-2005 by L.L. No. 13-2005]
(1)
The protected open space must have historic, ecological, agricultural,
water resource, scenic or other natural resource value, such as floodplains
and wetlands. Examples of lands with conservation value include view
corridors along scenic roads, agricultural land, ridgelines and hillsides
visible from public areas. High-quality agricultural land containing
prime soils, even if suitable for development, shall be considered
land of conservation value.
(2)
To the extent practicable, open space shall be directly accessible
or viewable from as many home sites as possible within a conservation
subdivision.
(3)
Access roads, local utility distribution lines, trails, temporary
structures for outdoor recreation and agricultural structures shall
be permitted on land devoted to open space, provided they do not impair
the conservation value of the open space land.
F.
Evaluation criteria. Diversity and originality in lot layout shall
achieve the best possible relationship between development and conservation.
Lot layout shall also be in such a manner so as to promote traditional
residential streets and streetscapes and to facilitate connection
of existing streets. The Planning Board shall evaluate proposals and
ensure that the proposed layout:
(1)
Protects all floodplains, wetlands, and steep slopes from clearing,
grading, filling or construction (except as may be approved by the
Town for essential infrastructure or active or passive recreational
amenities).
(2)
Preserves and maintains mature woodlands, existing fields, pastures,
meadows, and orchards, and creates sufficient buffer areas to minimize
conflicts between residential and agricultural uses, to the extent
possible. If development must be located on open fields because of
greater constraints in all other parts of the site, dwellings should
be sited at the far edge of a field as seen from existing public roads.
(3)
Sites dwellings on non-prime-agricultural soils, if present.
(4)
Maintains or creates a buffer of natural vegetation of at least 100
feet from the center of the stream in depth adjacent to existing wetlands
and surface waters, including creeks, streams, springs and ponds.
Such buffers are not required for parcels containing existing agricultural
uses unless required for wetland protection by the New York State
Department of Environmental Conservation. Each parcel in the subdivision
may have one view tunnel created by limited removal or thinning of
vegetation to allow visual access from the dwelling to the water body.
(5)
Designs around existing hedgerows and tree lines between fields or
meadows and minimizes impacts on large woodlands greater than five
acres.
(6)
Leaves scenic views and vistas unblocked or uninterrupted, particularly
as seen from public thoroughfares. A deep, no-build, no-plant buffer
is recommended along the road where those views or vistas are prominent
or locally significant.
(7)
Protects wildlife habitat areas of species listed as endangered,
threatened or of special concern by the New York State Department
of Environmental Conservation.
(8)
Designs around and preserves sites of historic, archeological or
cultural value insofar as needed to safeguard the character of the
feature.
(9)
Provides open space that is reasonably contiguous to other open space
locations.
(10)
Minimizes needed infrastructure.
(11)
Avoids siting new construction on prominent hilltops or ridges
by placing structures at lower topographic locations.
[Amended 5-14-2007 by L.L. No. 5-2007]
(12)
Protects rural roadside character and improves public safety
and vehicular carrying capacity by limiting development fronting directly
onto existing public roads to no more than 60% of the allowable building
lots in the subdivision. Buffers along rural roads with historic features
such as buildings, barns, or stone walls may be used.
G.
Ownership of open space. Open space land may be held in any form
of ownership that protects its conservation values, such as owned
in common by a homeowners' association (HOA), dedicated to the
Town, county or state governments, transferred to a nonprofit organization,
held in private ownership, or held in any other form of ownership.
Any development permitted in connection with setting aside of open
space land shall not compromise the conservation or agricultural value
of such open space land.
(1)
If the open space is to be owned by a HOA, the HOA must be incorporated
before the final subdivision plat is approved.
(2)
The open space restrictions must be in perpetuity.
(3)
If land is held in common ownership by a HOA, the ownership shall
be arranged in a manner that real property tax claims may be satisfied
against the open space lands by proceeding against individual owners
and the residences they own. The HOA must be responsible for liability
insurance, local taxes, and the maintenance of the conserved land
areas. The HOA shall have the power to adjust assessments to meet
changing needs.
(4)
The Planning Board shall find that the HOA documents satisfy the
conditions above.
(5)
Membership in the HOA must be mandatory for each property owner within
the subdivision and for any successive property owners.
H.
Maintenance standards. Open space lands shall be maintained in accordance
with any adopted, applicable property maintenance standards of the
Town of Kinderhook.
