Town of Copake, NY Special Provisions for Subdivisions

Flexible lot subdivisions allow design flexibility while preserving important natural attributes of the land. The purpose of flexible lot subdivision development is to ensure that environmental resources are protected and that development occurs on the land that is best suited for development.

For major subdivisions in the RU Zone, the Planning Board shall require flexible lot subdivisions as outlined herein. Flexible lot subdivision requirements may be applied to minor subdivisions if desired by the applicant.

Calculation of unconstrained acreage and base density. The maximum density allowed for residential units is calculated by a formula based upon the unconstrained acreage. Flexible lot subdivision developments may occur on any parcel of land containing six acres or more in the RU District.

To determine the unconstrained acreage, subtract from the total (gross) acreage of the proposed development parcel the constrained acreage.

Constrained acreage includes wetlands (NYS Department of Environmental Conservation and United States Army Corps of Engineers), watercourses/water bodies with a one-hundred-foot buffer, one-hundred-year floodplains, and slopes over 15% which are 2,000 square feet or more of contiguous sloped area. Slope determinations shall be based upon ten-foot contour intervals, unless an applicant elects to submit slope information with smaller contour intervals or another section of the Zoning Law or Subdivision Law requires the use of smaller contour intervals.

To determine the base number of allowable residential units on the site, divide the unconstrained acreage by the allowable number of acres per unit required within the zoning district. Round down fractional units of 0.5 or less and round up fractional units greater than 0.5. The resulting number is the base density allowed on the site.

The base density in Subsection B(3) may be increased by up to 20% at the sole discretion of the Planning Board if permanent public access will be granted to the protected open space land and any associated improvements as delineated in § 232-17.1, Permanent open space in flexible lot subdivisions.

The base density permitted by this section shall not be reduced as a result of the conservation analysis required in Subsection C, Conservation analysis, below.

Conservation analysis.

As part of any sketch plan submission for flexible lot subdivision development for major subdivisions, an applicant shall prepare a conservation analysis, consisting of inventory maps, survey and topographic maps, description of the land, and an analysis of the conservation value of various site features.

The conservation analysis shall identify site features with conservation value on the parcel, including but not limited to the following:

Constrained acreage as determined in Subsection B(2) above.

Farmland.

Existing or proposed public trail corridors.

Scenic viewsheds.

(e)

Unique geological features.

(f)

Areas of high or very high hydrogeologic sensitivity.

(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 forest land.

(j)

Buffer areas necessary for screening new development from adjoining parcels and from other publicly accessible areas, including roads, parkland, and nature preserves.

(k)

Stone walls.

(l)

Trees 15 inches in diameter at breast height (dbh) or larger, except where such trees are part of a larger stand of trees, in which case the entire stand may be identified as a unit.

(m)

If requested by the Planning Board after the initial submission of the conservation analysis, other land exhibiting present or potential future recreational, historic, ecological, agricultural, water resource, scenic or other natural resource value.

The conservation analysis shall also identify areas that are potentially suitable for development, especially those that have been previously disturbed (e.g., by mining, prior development, or clear cutting) and their present condition. Such areas, depending on their condition and location, might be preferred locations for development.

The Planning Board shall make a final determination as to which land has the most conservation value and should be protected from development by conservation easement. 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.

The outcome of the conservation analysis and the Planning Board's conservation findings shall be incorporated into the Planning Board's acceptance of the sketch plan review, pursuant to the Town's Subdivision Regulations.

(6)

The sketch plan shall show the following:

Preferred locations for intensive development as well as acceptable locations for less dense development.

Land to be permanently preserved by a conservation easement, as well as recommended conservation uses, ownership, and management guidelines for such land.

Land suitable for stormwater management facilities, which may be located within the preserved land area.

(7)

At least 60% of the total acreage shall be preserved by conservation easement and shown as such on the sketch plan, based upon the conservation findings.

(8)

An approval of a conventional subdivision shall refer to the conservation findings and may be conditioned upon the protection by conservation easement of portions of the site identified in the conservation analysis and findings as having conservation value.

Lot sizes in flexible lot subdivisions. There shall be no minimum lot size in a flexible lot subdivision except as may be necessary to satisfy the requirements of the County Health Department. The Planning Board shall determine appropriate lot sizes in the course of its review of a flexible lot subdivision based upon the criteria established in this section. 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. If individual disposal systems and wells are planned, the density of households across the entire parcel or parent tract shall not exceed those indicated on the density schedule.

Other area and dimensional requirements.

There shall be no required area or dimensional standards in a flexible lot subdivision, except that where such subdivision abuts an existing residence, a suitable buffer area may be required by the Planning Board in its sole discretion. However, all lots shall be of sufficient size to accommodate water and septic systems and to meet all Department of Health requirements.

The applicant shall specify dimensional requirements for a proposed flexible lot subdivision by identifying setbacks and other lot dimensions to be incorporated into the final plat. The Planning Board may vary dimensional requirements to accommodate a flexible lot subdivision.

The project shall be designed to maintain or replicate the predevelopment hydrologic functions of storage, infiltration, and groundwater recharge. This can be done by using stormwater retention and detention areas, reducing impervious surfaces, lengthening flow paths and runoff time, and preserving environmentally sensitive site features.

Flexible lot subdivision of a portion of larger tract. The Planning Board may entertain an application to develop a portion of a parcel if a conservation analysis is provided for the entire parcel.

Flexible lot subdivision design guidelines. Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian circulation. The lot layout shall, to the extent feasible, comply with the design guidelines in § 232-19, Rural design siting standards. Permitted building locations or areas (building envelopes) shall be shown on the final plat.

Professional assistance. The Town finds that the volunteer members may need professional assistance to make informed decisions. The Planning Board may engage the services of professional consultants during subdivision review, at the expense of the applicant. The cost is above any other fees or costs associated with SEQRA review.

Design process. The proposed open spaces areas shall be designated as follows:

Step one: Delineate primary and secondary open space areas as follows:

Primary conservation areas shall be delineated and designated on a map. House lots shall not encroach upon primary conservation areas.

Secondary conservation areas shall be delineated and designated on a map. In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the parcel in terms of their highest to least suitability for inclusion in the proposed open space in consultation with the Planning Board. Secondary conservation areas shall be delineated on the basis of those priorities and practical considerations given to the parcel's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives. These resources shall be clearly noted on the map. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the parcel.

The primary and secondary conservation areas, together, constitute the total open space areas to be preserved, and the remaining land is the potential development area.

Step two: Specify location of house sites. Building envelopes shall be tentatively located within the potential development areas. House sites should generally be located not closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas.

Step three: Align streets and trails. After designating the building envelopes, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified in this Zoning Law and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands, traversing steep slopes, and fragmenting agricultural lands. Existing and future street connections are encouraged to eliminate the number of new culs-de-sac to be developed and maintained, and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Culs-de-sac are appropriate only when they support greater open space conservation or provide extensive pedestrian linkages. All applicable requirements of the Town of Copake Highway Law shall be met.

Step four: Draw lot lines. Upon completion of the preceding steps, lot lines are then drawn as required to delineate the boundaries of individual residential lots.

§ 232-17.1 Permanent open space in flexible lot subdivisions.

Open space set aside in a flexible lot subdivision shall be permanently preserved as required by this section. Developed lands shall not impact the conservation value of the permanent open space.

Conservation value of open space. The open space protected pursuant to this section must have conservation value as determined by the conservation findings pursuant to § 232-17C(4).

Open space standards.

The required open space land consists of a combination of primary conservation areas and secondary conservation areas. The proposed subdivision design shall strictly minimize disturbance of these environmentally sensitive areas. The lot layout shall show how those sensitive areas will be protected by the proposed subdivision plan. Secondary conservation areas shall be included in the required open space area to the greatest extent practicable such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section.

Open space lands shall be laid out to better enable an interconnected network of open space and wildlife corridors. Open space lands shall also be laid out in such a manner that preserves ecological systems that may be present on the site including, but not limited to, preserving wetlands, vernal pools, and their associated upland habitats.

Active agricultural land with farm buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations. Land used for agricultural purposes shall be buffered from residential uses, either bordering or within the parcel.

Open space land shall, to the maximum extent practicable, be contiguous to avoid fragmentation and to create a critical mass of land either available for agriculture or left in a natural state.

Open space lands shall be designated as one or more individual conservation lots owned in common, or designated and included as part of one or more house lots. A portion of any house lot five acres or more in size may be used for meeting the minimum required open space land provided that there is a permanent restriction enforceable by the Town that states the future use shall be restricted to open space such as undisturbed wildlife habitat, managed agricultural field, or managed forest, and that prevents development of, or use as, a mowed lawn on that portion of the parcel, and that is contiguous to other lands to form unfragmented open spaces. Any house lot less than five acres does not qualify as contributing to open space.

(6)

Walkways, trails, play areas, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection may be included in the preserved open space lands.

(7)

The required open space may be used for community septic systems, provided that such system is otherwise in compliance with this chapter and other applicable laws and regulations.

(8)

Stormwater management ponds or basins and lands within the rights-of-way for underground utilities may be included as part of the minimum required open space.

(9)

Recreation lands such as ball fields, golf courses, and parks shall not be considered part of the required open space unless such land is open to the public. Such recreational lands with access only to residents shall not be counted towards the open space requirements, but shall be counted towards any recreation land requirement as per the Town of Copake Subdivision Regulations.

Permanent preservation by conservation easement.

A perpetual 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, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, and/or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of final plat approval. The Planning Board shall require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's Office prior to or simultaneously with the filing of the final plat in the County Clerk's Office.

The conservation easement shall prohibit residential, industrial, or commercial use of open space land (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.

Permanent open space may be preserved under a conservation easement as a portion of one or more large lots or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations of this section.

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 by a conservation easement required by this section, and shall include deed recording information in the County Clerk's office for the conservation easement.

Ownership of open space land.

Open space land shall under all circumstances be protected by a perpetual conservation easement, 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.

If the land is owned, or is to be owned, in common by an HOA, the applicant shall make an irrevocable, conditional offer of dedication to the Town, binding upon the HOA, for all open space conveyed or to be conveyed to the HOA. Such offer may only be accepted upon any one of the following circumstances:

Upon the failure of the HOA to take title to the open space from the applicant or other current owner; or

Upon dissolution of the association at any future time; or

Upon failure of the HOA to fulfill its maintenance obligations hereunder; or

Upon failure to pay its real property taxes.

Maintenance standards.

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.

If the Town Board finds that the provisions of Subsection F(1) 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 charged against the landowner or, in the case of an HOA, ratably against the owners of properties within the development and shall, if unpaid, become a tax lien on such property or properties.

§ 232-17.2 Flexible lot subdivision procedures.

Review process. The flexible lot subdivision process involves the following three steps:

Initial sketch plan.

Preliminary plat review.

Final plat review.

Initial sketch plan. An applicant shall submit a sketch plan pursuant to Chapter 197 of the Code of the Town of Copake.

The sketch shall incorporate the outcome of the conservation analysis and the Planning Board's conservation findings.

The sketch plan, as tentatively approved, shall show the following:

A density calculation, as described in § 232-17B.

Preferred locations for intensive development as well as acceptable locations for less dense development.

Land to be permanently preserved by a conservation easement, as well as recommended conservation uses, ownership, and management guidelines for such land.

Land suitable for stormwater management facilities, which may be located within the preserved land area.

(e)

All other requirements pursuant to Chapter 197 of the Code of the Town of Copake.

Preliminary and final plat review.

Review of a preliminary plat is mandatory for flexible lot subdivisions containing five or more lots.

The applicant must follow all processes and requirements pertaining to preliminary and final plat for major subdivisions pursuant to Chapter 197, Subdivision of Land.

§ 232-18 Density bonus for enhanced conservation and best site design standards.

Developments that incorporate alternative septic system design and best site design methods as outlined in this section are considered to have implemented improvements which help ensure the protection of natural resources in the Town of Copake, particularly related to water quality. As an incentive to encourage use of these best practices, the Town of Copake allows slightly higher density than with conventional systems or where best site design practices are not used. These practices are not required. However, should an applicant for development or subdivision seek this density bonus, the procedures of this section shall be followed. Any applicant seeking the density bonus shall make application to the Planning Board. Upon a determination by the Planning Board that the standards of this section have been satisfied, the density bonus shall be applicable.

Where best site design standards are desired for obtaining enhanced conservation density as described in § 232-8A, Table 1, Density Control Schedule, a qualified engineer shall use the following guidelines and apply one or more of the following methods as appropriate to the site in order to control stormwater runoff and erosion so that peak stormwater runoff rates from all new development shall be less than or equal to the peak runoff rates from the site's predevelopment conditions for the five-, twenty-five-, and one-hundred-year design storm events. The stormwater design shall be treated through low-impact or other best management practices outlined below, or consistent with the Low Impact Development Design Strategies: An Integrated Design Approach (Washington, DC, Environmental Protection Agency, January 2000, or as may be revised and updated, on file with the Copake Building Department), which are incorporated by reference.

Low-impact development standards:

Use of permeable pavers on driveways, roads, parking lots, sidewalks.

Use of permeable surfaces such as gravel roadways or driveways.

Bioretention areas.

Filter and buffer strips.

(e)

Dry wells or cisterns.

(f)

Swales, grass infiltration areas or other ponding areas inlet and outlet controls.

(g)

Rain barrels (inexpensive and effective).

(h)

Infiltration trenches.

(i)

Green rooftops.

(j)

Ground cover maintenance and use of plant material.

In order to be eligible for the enhanced conservation density, alternative or innovative wastewater treatment systems shall be provided to handle wastewater. These include mound systems and low-pressure dosing systems.

Impervious surfaces shall be below 15% of the total lot size.

The development shall, to the maximum degree feasible, utilize green infrastructure methods from the New York State Green Infrastructure Guidelines.

Along shorelines of Copake Lake, Robinson Pond, Taconic Lake, and Chrysler, Rhoda, Snyder Ponds, a shoreline protection buffer shall be established to include all lands from the waterline back 20 feet. No more than 20% of the lineal measurement of the shoreline within such buffer on any given parcel of land may have vegetation removed for view corridors or water access. These protections are designed to protect water quality and natural vegetation along the shoreline. There shall be no other clearing, bulkheading, or rip-rapping within the buffer zone. On lots including shorelines, there shall be one-hundred-fifty-foot setbacks from the shoreline for septic systems, less than fifteen-percent impervious cover, and, to the maximum extent feasible, use of low-impact development methods and rooftop disconnection of water runoff.

§ 232-19 Rural design and siting standards.

The following guidelines should be considered and may be required as part of subdivision or site plan review in the process of designing and siting houses in the RU District. 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 way to design and site uses but they should not be considered the only acceptable solution.

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, for example, is discouraged.

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 reviewing Board may require that structures be located at the edge of the agricultural land to minimize the loss of such land, and/or on soils of poor agricultural quality.

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.

Building placement. 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 a building should not be seen, only that the highest point of the building shall not extend above the summit of the hill.

Utilities. 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.

Development, generally. To the extent feasible, development should be undertaken in conformity with the following guidelines:

On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use.

Away from the boundaries of any farm preserved with a conservation easement or other permanent protection, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm.

So that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses.

To cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table by avoiding placement of impervious surfaces where water is most likely to infiltrate and recharge the groundwater.