The purpose of this article is to encourage
in select locations the use of cluster and conservation development
design principles to preserve open space and viable agricultural lands.
Cluster and conservation subdivision are intended to protect the Town's
natural environment, provide for a balance between developed and undeveloped
land, protect air quality, provide adequate open areas for recreation
and conservation, and protect the community and the historic and visual
character of Stillwater and Saratoga National Historical Park. Cluster
and conservation subdivision development will preserve tracts of agriculturally,
environmentally, scenically and recreationally significant undeveloped
land and preserve contiguous open spaces and important scenic and
environmental resources.
The applicant is encouraged to consider the use of this procedure for minor and major subdivisions of property within the T2 Rural Conservation Transect Zone pursuant to Chapter
176, Subdivision of Lands. In all other districts, this procedure may be considered for minor and major subdivisions. Special consideration should be given to subdivisions within the Saratoga National Historical Park Viewshed Protection Area. (See §
210-166, Development regulations.)
As part of the cluster and conservation subdivision
review, an applicant shall prepare a Conservation Resource Map, consisting
of constrained lands as noted above as well as the following:
A. Vegetative cover conditions on the property according
to general cover type, including cultivated land, permanent grassland,
old field, hedgerow, significant forest areas, woodlands, wetlands,
isolated trees or small groups of trees with a caliper in excess of
12 inches, and the actual canopy line of existing trees and woodlands.
Vegetative types shall be described by plant community, age and condition.
B. Active farmland within a New York State certified
agricultural district in Saratoga County, lands within 500 feet of
a New York State certified agricultural district, or soils classified
as soils of statewide significance and prime farm soils as mapped
by the United States Department of Agriculture, Natural Resources
Conservation Service in the Saratoga County Soil Survey.
C. Flood hazard areas [from a Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Map], or site-specific flood elevation
determination data if none is available otherwise through FEMA.
D. Ridgelines, hills, and geologic formations, including
but not limited to rock outcrops and other important land features
based on available published information or more detailed data obtained
by the applicant.
E. Designated critical environmental areas, and other
important unique environmental areas.
F. Habitat areas of rare, threatened, or endangered species
and significant natural communities or other ecological resource value.
G. As located on the site, the location and dimensions
of all existing utilities and utility rights-of-way, existing streets,
paved and unpaved roads and paths, buildings, agricultural barns,
silos and any other agricultural structures, remains of buildings
and structures, stonewalls, fences, and other man-made improvements.
H. Land exhibiting present or potential historic, archeological,
or other cultural resource values. Locations of all historically significant
sites or structures on the site and on any abutting site within 500
feet of the site's property boundary, including but not limited to
those sites and parcels identified as locally important historic resources
according to the New York State Office of Parks, Recreation and Historic
Resources, State Historic Preservation Office, that tracks sites,
buildings and parcels identified with the state register or the federal
register historic designation.
I. Existing and potential trails, bikeways and pedestrian
trails that are in public use or are proposed conceptually by the
Town of Stillwater, Saratoga County, or New York State.
J. Lakes, ponds, active public parks, Town park district
lands, or other Town, county, and state recreational areas, or opportunities
or sites.
K. All other boundaries of environmental or other areas
to be left undisturbed for buffering or screening and/or protected
through deed restrictions, conservation easements or other agreements
and encumbrances of property which are or have been filed of record
with the Saratoga County Clerk's office shall be shown on the plan.
After the final residential density is determined,
there shall be a minimum lot size of 20,000 square feet in a cluster
or conservation subdivision. The Planning Board shall determine appropriate
lot sizes during its review. When determining appropriate lot sizes,
the Planning Board shall consider required utility separations, including
on lot wastewater treatment and water wells.
The applicant shall specify dimensional requirements
for a proposed cluster or conservation subdivision by identifying
setbacks and other lot dimensions to be incorporated into the final
subdivision plan, subject to review and approval by the Planning Board.
As specified in §
210-166T, projects within the Saratoga National Historic Park viewshed are subject to additional visual impact analysis. When reviewing projects, the Planning Board shall include this additional analysis and refer to recommendations described in the Battles of Saratoga Preservation and Viewshed Protection Plan dated December 2007.
Notwithstanding any other road construction
requirements promulgated by the Town of Stillwater, the highway design
standards within cluster and conservation subdivisions may be modified
at the discretion of the Planning Board and with approval of the Superintendent
of Highways and in consultation with the Arvin Hart Fire Company.
Open space set aside in a cluster and conservation
subdivision shall be permanently preserved. The open space protected
pursuant to this article must have conservation value, which shall
be determined in the course of the constrained land analysis and conservation
resource mapping described above.
The cluster and conservation subdivision shall follow the subdivision process contained in Chapter
176, subject to the additional provisions contained herein.