The Town encourages conservation subdivision as an alternative to conventional subdivision. In conservation subdivisions, units are clustered or sited on those portions of a property most suitable for development while leaving substantial portions as undeveloped open space. Conservation subdivision results in the preservation of contiguous open space and important environmental resources, facilitates the economical provision of streets and utilities while allowing compact development, more walkable neighborhoods, and more flexibility than conventional subdivisions. The Planning Board shall be authorized (pursuant to New York State Town Law § 278 and simultaneously with approval of plats under Chapter
213, Subdivision of Land) to modify applicable provisions of this chapter in accordance with this §
250-18 so as to accommodate conservation subdivision projects.
A. Application for conservation subdivision. Conservation subdivision applications shall be processed in accordance with the subdivision approval procedures set forth in Chapter
213, Subdivision of Land, and all applicable development requirements of the said chapter shall apply, except as modified by this §
250-18. In order to approve a conservation subdivision, the Planning Board must find that the proposed subdivision meets the standards in this §
250-18.
B. Preferred conservation subdivisions. Conservation subdivisions shall
be allowed anywhere within the Town of Lumberland, and conservation
subdivision is preferred for development of five or more dwelling
units in all zoning districts. The Planning Board shall have the authority
in the case of an application for a conventional subdivision of five
lots or more to require that the applicant prepare an alternative
sketch that depicts how the property might be developed using the
conservation subdivision technique. If this alternative sketch plat
is determined by the Planning Board to provide superior design in
accord with the purposes of this chapter and the same density can
be achieved, then the Planning Board may require a conservation subdivision.
C. Density in conservation subdivision. The maximum number of individual
building lots permitted for the project shall be determined by using
one of the below described methods. These density formulas are intended
to simulate the lot count that would result from preparing a conventional
subdivision and yield the applicant with the same lot count. An applicant
may elect to prepare its calculations using either of the below described
methods.
(1) Demonstration plan method. The number of cluster lots permitted shall be the same as the total number of lots permitted in a conventional subdivision of the same parcel. In order to determine the number of lots permitted for a conservation subdivision, an applicant shall submit a subdivision plan for the parcel as if it were to be developed in accord with all the standards and requirements in this chapter and Chapter
213, Subdivision of Land, regulations for a conventional subdivision. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot that, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices will not be considered an allowable lot and will not be included in the density calculation. The determination about whether a lot is allowable or not will be made by the Planning Board.
(2) Calculation method. The total number of dwelling units permitted
shall be determined after deducting:
(a)
Land contained within public rights-of-way;
(b)
Land contained within the rights-of-way of existing or proposed
private streets and parking areas (where formal rights-of-way are
not involved, the width of the street shall be assumed as 50 feet
wide);
(c)
Land contained within the boundaries of easements previously
granted to public utility corporations providing electrical or telephone
service and any petroleum products pipeline rights-of-way; and
(d)
The area of water bodies including lakes, ponds and streams
(measured to the normal high-water mark on each side); 50% of wetland
areas; 50% of the riparian buffer areas; 50% of the areas with steep
slopes; and areas used for improvements, from the total area of the
project and dividing by the minimum lot size for the district.
(3) Crossing zoning district boundaries. In cases where the proposed
development falls within two or more zoning districts with differing
density requirements, the density calculation may be derived by adding
the lots allowed on each portion of the project area that falls in
each district as determined in accordance with the above methods.
D. Individual lot size in a conservation subdivision. 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. The Planning Board may authorize that the size of
individual building lots be reduced, provided the water and sewer
design meets the New York State Department of Health guidelines. 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. Accordingly, yard requirements
shall be established by the Planning Board at the time of plat approval
and shall be shown in a chart on the plat.
E. General planning criteria in a conservation subdivision.
(1) The following criteria shall be used to provide an applicant and
the Planning Board with guidelines and standards for creating and
reviewing a conservation subdivision:
(a)
Preserve natural site features. Individual lots, buildings,
streets, parking areas and other improvements must be designed and
situated to minimize alteration of the natural site features and to
limit creation of impervious surface coverage.
(b)
Open space. Open space preserved by the below described conservation
easement shall include irreplaceable natural features located in the
project area, such as steep slopes, large areas of contiguous mature
forest, wetlands, watercourses and stream corridors, and may, as the
Planning Board finds appropriate, include significant stands of trees,
individual trees of significant size, rock outcroppings.
(c)
Historic features. Site design shall preserve those man-made
features considered of historic or cultural value. This may include
stone walls, old farmhouses, root cellars and barns.
(d)
Connection. Open space shall connect to existing conservation
areas, known animal communities, animal migration paths, and existing
recreational trails.
(e)
Visual impacts. Individual lots, buildings and units shall be
arranged and situated to relate to surrounding properties, to improve
the view from and the view of buildings, and to lessen area devoted
to motor vehicle access, and reduce visual impacts to adjoining properties
and public roads.
(f)
Site design. Diversity and originality in lot layout shall be
encouraged to achieve the best possible relationship between development
and the land. Lots shall be arranged in a manner that protects land
of conservation value and facilitates pedestrian and bicycle circulation.
Lots shall also be arranged to maximize protection of water wells
from nitrate loading problems.
(2) A density bonus of up to 20% may be granted at the discretion of
the Planning Board during the sketch plan phase, based upon the degree
to which the applicant incorporates these criteria into its development
plan.
F. Open space in a conservation subdivision. One of the major purposes
of conservation subdivision is to preserve open space.
(1) Characteristics. Open space requirements for a conservation subdivision
project are as follows:
(a)
A minimum of 50% of the gross area of the parcel shall remain
as open space;
(b)
Open space may include trails for nonmotorized uses (i.e., hiking,
biking and equestrian), picnic areas, and lavatories;
(c)
Open space areas shall be part of the project area and shall
be contiguous; and
(d)
At least 50% of the open space shall be exclusive of wetlands,
steep slopes, water bodies, riparian areas and otherwise unusable
areas.
(2) Permanent protection. Prior to final Planning Board approval, all
areas of a conservation subdivision that are designated as open space
must be protected from development by a permanent conservation easement.
The conservation easement shall restrict development of the open space
land and allow use only for recreation, protection of natural resources,
or similar conservation purposes and shall prohibit residential, industrial
or commercial use of the open space. The conservation easement shall
be granted to a private conservation organization acceptable to the
Town and that is a bona fide conservation organization as defined
in Article 49 of the New York State Environmental Conservation Law
or to a governmental body acceptable to the Planning Board.
(3) Notations on plat or site plan. Preserved open space land shall be
clearly delineated and labeled on the final subdivision plat and/or
site plan as to its use, ownership, management, method of preservation
and the rights, if any, of the owners of other lots in the subdivision
to such land. The plat or site plan shall clearly show that the open
space land is permanently preserved for open space purposes and shall
contain a notation indicating the deed reference of any conservation
easement or deed restrictions required to be filed to implement such
restrictions.
(4) Ownership of the open space land. The fee ownership of the open space
(the ownership of the land subject to the conservation easement),
as well as identification of user groups and those responsible for
any maintenance must be determined before final Planning Board approval.
Open space land may be owned by a homeowners' association (HOA), transferred
to a nonprofit organization acceptable to the Planning Board, or held
in such other form of ownership as the Planning Board finds adequate
to properly manage the open space land and to protect its conservation
value. If the land is to be owned by a HOA, the HOA must also be established
prior to approval of the final subdivision plat and must comply with
all applicable provisions of state law. In such case, membership in
the HOA 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. The property owners must be required
to pay their pro rata share of these costs, and the assessment levied
by the HOA must be able to become a lien on the homeowner's property.
The HOA must have the ability to adjust assessments to meet changing
needs for the operation and maintenance of the open space and any
improvements. The Town Attorney must find that the HOA documents satisfy
these conditions and such other conditions as the Planning Board determines
are necessary in order to provide for maintenance of the open space
land.
(5) Maintenance. Standards for maintenance of the open space shall be
established prior to final subdivision plat approval. Such standards
shall be enforceable by the Town against the owner of the open space
land to ensure that the open space land is not used for storage or
dumping of refuse, junk or other offensive or hazardous materials.