These provisions are intended to:
A. Guide the future growth and development of the community consistent
with the Town of Wheatfield's adopted comprehensive plan.
B. Guide the detailed analysis of a development parcel so as to locate
and coordinate appropriate areas for development and conservation
and encourage compatibility with surrounding land uses.
C. Preserve the rural character of the Town of Wheatfield through the
permanent preservation of meaningful open space and sensitive natural
resources.
D. Preserve scenic views by minimizing views of new development from
existing roads.
E. Preserve prime agricultural land.
F. Provide commonly-owned open space areas for passive and/or active
recreational use by all residents of the development and, where specified,
the larger community.
G. Provide for a diversity of lot sizes, housing choices and building
densities, to accommodate a variety of age and income groups.
H. Provide buffering between residential development and nonresidential
uses.
I. Protect and restore environmentally sensitive areas and biological
diversity, minimize disturbance to existing vegetation and maintain
environmental and wildlife corridors. Green spaces need to be continuous
and relatable.
J. Preserve significant archaeological sites, historic buildings and
their settings.
K. Include the protection of wetlands, floodplains, mature woodlands,
hedgerows, large trees, upland habitats, prime farmland, rare plant
communities, endangered and threatened species, natural meadows, historic
landmarks, and geological formations.
L. Promote the ecological, social, recreational, and economic value
of undeveloped lands.
M. The above will be accomplished through the allowance of smaller lot
sizes for single-family homes thus providing the opportunity for preserving
more of the Town's important features.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMON OPEN SPACE
Undeveloped land within a conservation subdivision that has
been designated, dedicated, reserved, or restricted in perpetuity
from further development.
CONSERVATION EASEMENT
The grant of a property right or interest from the property
owner to a unit of government or nonprofit conservation organization,
stipulating that the described land shall remain in its natural, scenic,
open or wooded state, precluding future or additional development.
CONSERVATION/CLUSTER DEVELOPMENT
A subdivision plat or plats, approved, pursuant to this article,
in which the applicable zoning ordinance is modified to provide an
alternative permitted method for the layout, configuration and design
of lots, buildings and structures, roads, utility lines and other
infrastructure, parks and landscaping in order to preserve the natural
and scenic qualities of open lands and the intent and purpose of this
chapter.
DEVELOPMENT ENVELOPES
Areas within which grading, lawns, pools, fences, pavement
and buildings would be located (allowed).
HOMEOWNERS' ASSOCIATION
A community association incorporated, combining individual
home ownership with shared use or ownership of common property or
facilities.
NONPROFIT CONSERVATION ORGANIZATION
Any charitable corporation, charitable association or charitable
trust (such as a land trust), the purposes or powers of which include
retaining or protecting the natural, scenic or open space values of
real property, assuring the availability of real property for agricultural,
forest, recreational or open space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical,
architectural, archaeological or cultural aspects of real property.
PARENT PARCEL
The existing parcel of record, as identified by individual
tax parcel numbers, as of the effective date of this article.
SUBDIVIDER
Any person, corporation, partnership, association, individual,
firm, trust or agent dividing or proposing to divide land resulting
in a conservation subdivision.
As stated above, conservation/cluster subdivisions shall follow
the procedures and requirements of Town Law § 278 and the
subdivision approval process set forth in the Code of the Town of
Wheatfield. The process will be supplemented with the following requirements:
A. A sketch plan must be submitted that includes the information detailed
in this chapter. The sketch plan shall be placed on the Planning Board
agenda and the Planning Board will generate information as described
below for use by the Town Board in making a decision on whether to
allow the use of the conservation/cluster subdivision law or not.
B. The Planning Board may refer an application to other departments,
boards and committees in the Town of Wheatfield for their opinion.
C. The Planning Board in reviewing this application can make a preliminary
determination on the allowed number of lots, and suggest revisions
to the proposed conservation/cluster plan to best meet the intent
and purpose of this chapter.
D. Once the applicant has responded to these preliminary comments, the
Planning Board can schedule a public information meeting to receive
public input.
E. With the information obtained in these reviews and public input,
the Planning Board can make a recommendation to the Town Board on
the utilization of the proposed conservation/cluster design and the
number of lots to be allowed. In this recommendation to the Town Board,
the Planning Board can include input received from other departments,
boards and committees of the Town.
F. The Town Board, upon receipt of this recommendation and accompanying
materials, will make a decision on authorizing the use of the conservation/cluster
design and the number of lots to be allowed. If authorized, this law
allows that, at any time prior to approval of the conservation/cluster
subdivision, the Town Board may choose not to accept the plat as proposed
and not allow the use of the conservation/cluster subdivision law.
G. If the Town Board authorizes the use of conservation/cluster design,
the Town Board can begin the SEQR coordinated review process (the
coordinated review process would not formally begin until a complete
preliminary application is received) and refer the subdivision back
to the Planning Board.
H. Once a completed preliminary plat and required application materials
are submitted to the Town, the Planning Board shall complete their
review and recommendation of the preliminary plat. The process will
then proceed in accordance with the requirements of this chapter and
the Town's Subdivision Law (required public hearing, etc.).