The purpose of conservation subdivision development is to allow
design flexibility, preserve important natural attributes of the land
while ensuring that development occurs on the land that is best suited
for development and that environmental resources are protected.
A. For major subdivisions, the Planning Board may require conservation
subdivisions. In order for the Planning Board to make such a determination,
at least one of the following conditions shall be found on the parcel:
(1)
The land contains significant resources with conservation value;
(2)
The parcel adjoins other land that, when combined with open
space on the parcel, would result in a substantial amount of land
with conservation value (including any portion of a designated trail
corridor), regardless of whether or not the adjoining parcels have
been protected as open space;
(3)
That there are unique and extraordinary physical, environmental,
or cultural circumstances on the parcel, which demonstrate that conservation
subdivision is the most appropriate method of subdivision.
B. The following conservation subdivision process may be applied to
minor subdivisions at the request of the applicant and the agreement
of the Planning Board.
The conservation subdivision process involves the following
steps:
Once the sketch plan is approved, the applicant must follow all processes and requirements pertaining to preliminary and final plat for major subdivisions pursuant to Chapter
225, Subdivision of Land.
The Planning Board may entertain an application to develop a
portion of a parcel if a conservation analysis is provided for the
entire parcel.
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
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 reasonable amount established by the Planning
Board to pay the 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 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.
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.