The RCD is intended to enable and encourage flexibility in the
design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate adequate and economical
provision of services, to preserve those areas in the Town that are
suitable for agricultural use, to protect and conserve open space
use and environmentally sensitive features, and to preserve scenic
qualities.
RCD shall be considered applicable in the AR Zoning District.
All one-unit and two-unit dwelling and ancillary uses as specified in § 525-20, Use Regulation Table, for the applicable districts are permitted.
Dimensional requirements as set forth in Bulk and Density Control
Requirements may be varied by the Planning Board based on set conditions
and the merits of the specific proposal in meeting the objectives
of this article.
In accordance with § 278 of the Town Law, the Town Board authorizes the Planning Board, simultaneously with the approval of a plat, to modify the applicable bulk and density provisions of this chapter, subject to the conditions hereinafter set forth, where such modification would benefit the Town by providing an alternate method of development of the plat. In no instance shall the number of dwelling units exceed the number permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming with the minimum lot size and density requirements of the zoning district. The Town Board, pursuant to § 278 of the Town Law, authorizes the Planning Board to require that the developer submit an application which reflects and incorporates RCD modifications where the objectives stated herein and/or in Article I are met to a greater degree than if the development were permitted to occur in a conventional manner. The Planning Board shall comply with all procedures and requirements set forth in this article when implementing such power.
Any RCD shall conform to the following requirements which are
regarded as minimum requirements:
A.
The RCD shall apply only to lands that have a minimum of 20 contiguous
acres in the AR District where:
(1)
It shall be determined that such development will not be detrimental
to the health, safety or welfare of persons residing in the vicinity
or to property or improvements in close proximity; and
(2)
The proposed development shall create an attractive residential environment
that is in conformity with the intent of this article and the Town
Comprehensive Plan.
B.
No proposed lot in an RCD shall be reduced to less than 15,000 square
feet, and it shall conform to no less than the minimum yard setbacks
for the R1 Zoning District.
C.
All RCD plans shall be prepared with the assistance of a professional
engineer licensed in New York State and shall be consistent with the
spirit and intent of this chapter.
D.
In cases where a developer has proposed architecturally unusual groups
of dwellings and/or accessory structures, the Planning Board, after
reviewing the plans and elevations, may recommend approval of smaller
minimum lot sizes than those specified, provided that the sanitary
sewer systems are approved by the Chemung County Health Department,
that the gross density does not exceed that permitted within the zoning
district in which the land is located, and the layout is not detrimental
to the health, general welfare, and aesthetic character of the community.
E.
Construction shall start within one year of the date of approval
and shall be completed within a time frame agreed to by the developer
and the Planning Board. If such time frame is not met by the developer,
the RCD approval shall be revoked.
The process involves the following steps: conservation analysis;
sketch plan; preliminary plat review; final plat review.
A.
Conservation analysis.
(1)
Applicants shall prepare a conservation analysis, consisting of inventory
maps, survey and topographic maps, a written description of the land,
and a written analysis of the conservation value of various site features.
(2)
The conservation analysis shall identify site features with conservation
value on the parcel, including, but not limited to, the following:
(b)
Active farmland, agriculture districts, prime agricultural soils
and/or soils of statewide importance for farming.
(c)
Existing or proposed public trail corridors.
(d)
Scenic viewsheds, as determined through the completion of a
New York State Department of Environmental Conservation visual environmental
assessment form, or as otherwise defined in any natural resources
inventory or similar plan adopted by resolution of the Town Board.
(e)
Unique geological features.
(f)
Documented aquifers and aquifer recharge areas.
(g)
Sites identified as historic on any federal, state, or local
register of historic places.
(h)
Public parks and publicly accessible recreation lands.
(i)
Unfragmented forestland.
(j)
Buffer areas necessary for screening new development and existing
mining operations from adjoining parcels and from other publicly accessible
areas, including roads, parkland, and nature preserves.
(k)
Stone walls.
(l)
Highly erodible soils.
(m)
Trees 30 inches in diameter or larger when measured 4 1/2
feet above the adjacent grade, which are of sound health and provide
a unique character to the site.
(n)
If requested by the Planning Board after the initial submission
of the conservation analysis, other land area exhibiting present or
potential future recreational, historic, ecological, agricultural,
water resource, scenic or other natural resource value.
(3)
The conservation analysis shall result in a composite map (i.e.,
overlay map) based on the information collected above and shall identify
areas that are suitable for development and those lands which have
conservation value and may be unsuitable for development.
B.
Planning Board action on conservation analysis.
(1)
The Planning Board shall make a determination as to which land has
significant conservation value and should be protected from development
by conservation easement or deed restriction. This determination shall
be based upon an analysis that weighs the relative importance of the
environmental resources on the site and shall be expressed in a written
report supporting its decision (the conservation findings). The Planning
Board may incorporate information provided by, but not limited to,
its own research, site visits, consultants, other qualified experts
or agencies or from public comments. If, as a result of the SEQRA
review, information arises to cause the conservation analysis to change,
such change will be made at that time, by the Planning Board, in its
sole discretion.
(2)
The outcome of the conservation analysis and the Planning Board's
conservation findings shall be used as the basis for sketch plan review.
C.
Density calculation.
(1)
The density is the developable area divided by the minimum lot size
as provided in the Dimensional Table.[1]
[1]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
(2)
The permitted density shall not be reduced as a result of the conservation
analysis.
(3)
The density established shall be no greater than normally permitted
under a conventional subdivision except as allowed herein.
(4)
The Planning Board shall first determine the developable or "unconstrained
land."
(5)
To determine the developable land area, subtract the constrained
land from the total acreage of the parcel. Constrained land includes:
(a)
Delineated wetlands New York State Department of Environmental
Conservation and United States Army Corps of Engineers). For wetlands
falling under the jurisdiction of the NYSDEC, any upland buffer areas
as defined by the NYSDEC shall also be included in constrained land
calculations.
(b)
Watercourses/water bodies.
(c)
One-hundred-year floodplains.
(d)
Slopes over 15% which are 2,000 square feet or more of contiguous
sloped area.
(6)
Fifteen-percent-development-loss factor, to take into account loss
of developable area to roadways, stormwater areas, and drainage or
utility easements. The residential density shall equal the developable
area divided by the permitted number of acres per unit (the minimum
lot size) for each zoning district. All fractional units shall be
rounded down.
(7)
Prior to the establishment of the overall density, the owner may
provide the Planning Board with a preliminary plat of the site showing
how it may be subdivided in a conventional manner conforming to the
requirements of this chapter for that district or districts.
(8)
At least 40% of the total acreage shall be preserved by conservation
easement or deed restriction and shown as such on the sketch plan,
based upon the conservation analysis.
(a)
Applicants wishing to conserve greater than 40% open space may
receive additional density on the site, as follows:
(9)
The maximum additional density bonus shall be capped at 40% above
the density otherwise allowed.
D.
Initial sketch plan review.
(1)
At the conclusion of the conservation analysis process, a sketch
plan shall be submitted.
(2)
The sketch plan shall show the following:
(a)
Preferred locations for intensive development as well as acceptable
locations for less-dense development.
(b)
Proposed lot locations and roads.
(c)
Land to be permanently preserved and recommended conservation
uses, ownership, and management guidelines for such land. The open
space protected pursuant to this section must have conservation value,
which shall be determined in the course of the conservation analysis.
(d)
Land suitable for stormwater management facilities, which may
be located within the preserved land area.
E.
Preliminary and final plat review. Once the sketch plan is approved, the applicant must follow all processes and requirements pertaining to preliminary and final plats for major subdivisions pursuant to Chapter 464, Subdivision of Land.
F.
Dimensional requirements in conservation subdivisions.
(1)
The Planning Board shall determine appropriate lot sizes in the course
of its review of a conservation subdivision based upon the criteria
established in this section and the requirements of the New York State
Department of Health. Town services and/or private water/sewage systems
may be used to meet these requirements.
(2)
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.
(3)
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.
G.
Conservation subdivision design guidelines. The following guidelines
should be considered and may be required in the process of designing
and siting houses in a conservation subdivision. When locating new
houses 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 method to design and site uses but should
not be considered the only acceptable solution.
(1)
Preservation of scenic features. Relate the location of structures
to existing scenic features such as individual large trees within
open fields, stone walls, hedgerows, historic buildings, and unpaved
country roads if they exist on the site. Avoid locating structures
in areas which disrupt the relationship of the rural features. Locating
structures in the midst of an open field is discouraged.
(2)
Placement of structures. Wherever practical, structures shall be
sited to be as visually inconspicuous as possible, when seen from
a distance and from lower elevations, and to minimize impact on open
and agricultural lands. Wherever possible, the Planning Board may
require that structures be located at the edge of the agricultural
land to minimize the loss of such land.
(3)
Vegetation. Existing vegetation on site shall be preserved to the
maximum extent practical. Every attempt shall be made to limit cutting
necessary for either construction or the opening of views from the
subject site so as to maintain native vegetation as a screen for structures
as seen from public roads or parks or other public views.
(4)
Wherever practical, buildings shall be sited so that they do not
protrude above treetops and ridgelines of hills as seen from public
places and roads. This shall not be interpreted to mean that the buildings
should not be seen, only that they should not protrude above the trees
or hilltops.
(5)
Wherever practical, all electric, telephone, television, and other
communication lines, both main and service connections, servicing
new development shall be provided by underground wiring installed
in accordance with the prevailing standards and practices of the utility
or other companies providing such services.
H.
Professional assistance. The Planning Board, subject to the approval
of the Town Board, may require an applicant for conservation subdivision
to deposit in an escrow account a sufficient amount to pay the reasonable
and necessary fees and/or costs of any consultant, engineer, or attorney
designated by the Town Board to review the application. The fees and/or
costs charged by such consultant, engineer, or attorney in connection
with such review will be charged against the sum deposited in escrow.
If specific circumstances warrant it, additional funds will be required
to be deposited in order to cover reasonable and necessary expenses
incurred beyond the original estimate. Any amount remaining shall
be returned to the applicant within 45 days of final action on the
application. Payment to the escrow account, if required, is a prerequisite
to a complete application, and no review will be initiated until payment
is received. The deposit specified above does not include all approvals
or fees required from or by agencies other than the Town, costs associated
with extensions to districts to provide necessary services to the
proposal nor fees charged by Town departments or boards for permits,
approvals, hearings, or other actions, except as noted above.
[Amended 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019)]
I.
Permanent open space in conservation subdivisions.
(1)
Open space set aside in a conservation subdivision shall be permanently
preserved as required by this section. Developed lands shall not impact
the conservation value of the permanent open space.
(2)
The open space protected pursuant to this section must have conservation
value as determined by the conservation findings.
(3)
Permanent preservation.
(a)
A permanent deed restriction or a 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 shall be granted with the approval of
the Planning Board. Such deed restriction or conservation easement
shall be approved by the Planning Board and shall be required as a
condition of final plat approval.
(b)
The permanent protection shall prohibit residential, industrial,
or commercial use of open space land, including power generation facilities
(except in connection with agriculture, 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
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.
(4)
Permanent open space may be preserved as a portion of one or more
large lots or may be contained in a separate open space lot.
J.
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 required by
this chapter and shall include deed recording information in the County
Clerk's office.
K.
Ownership of open-space land.
(1)
Open-space land shall, under all circumstances, be protected, but
may be owned in common by a homeowners' association (HOA), 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.
(2)
If the land is owned in common by an HOA, such HOA shall be established
in accordance with the following:
(a)
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 and be filed with the Town Clerk.
(b)
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.
(c)
The HOA must be responsible for liability insurance, property
taxes, and the maintenance of recreational and other facilities and
private roads.
(d)
The HOA must be able to adjust the fees to meet changed needs.
(e)
The applicant shall make an irrevocable, conditional offer of
dedication to the Town, binding upon the HOA, for all open space to
be conveyed to the HOA. Such offer may only be accepted upon any one
of the following circumstances:
(3)
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.
(4)
The Town's counsel shall find that the HOA documents presented satisfy
the conditions stated above and such other conditions as the Planning
Board shall deem necessary.
L.
Maintenance standards.
(1)
Ongoing maintenance standards shall be established, enforceable by
the Town against an owner of open space land as a condition of subdivision
approval, to ensure that the open space land is not used for any purpose
or structure prohibited by the conservation easement or for the storage
or dumping of any matter, including, but not limited to, fill, refuse,
junk, or other offensive or hazardous materials.
(2)
If the Town Board finds that the provisions above are being violated,
it may, upon 30 days' written notice to the owner, enter the premises
for necessary maintenance, and the cost of such maintenance by the
Town shall be assessed ratably against the landowner or, in the case
of an HOA, the owners of properties within the development, and shall,
if unpaid, become a tax lien on such property or properties.
