A.
General rule. Whenever any major subdivision of land in a Conservation
District (CV) is proposed, and before any contract for the sale of,
or any offer to sell any lot in such subdivision is made, and before
any permit for the erection of a structure in such subdivision shall
be granted, the subdivider, shall apply, in writing, for approval
of such subdivision in accordance with the applicable provisions of
Town Law §§ 276, 277, 278, 279 and this article.
B.
Optional use of article. A subdivider proposing a subdivision in
the Rural Agricultural District (RA), Rural Residential District (RR),
Varna Hamlet Mixed Use District (VHMU), Varna Hamlet Residential District
(VHR) or Varna Hamlet Traditional District (VHT) may elect to proceed
under this article, in which event the provisions of this article
shall govern.
[Amended 12-15-2016 by L.L. No. 4-2016]
C.
Area and bulk regulations.
(1)
lot area. Other than as required by the Tompkins County Sanitary
Code, there shall be no minimum lot size in a conservation subdivision.
The Planning Board shall determine appropriate lot sizes in the course
of its review of a conservation subdivision. In order to permit a
clustered lot configuration, wells and septic systems may be located
in areas of protected open space, if there are easements for maintenance
of these facilities. Shared septic systems or wells may be utilized
with approval of the agencies having jurisdiction over the same. Shared
driveways in accordance with the standards set forth herein are encouraged.
(2)
Other dimensional requirements.
(a)
In a conservation subdivision, where a proposed subdivision
lot abuts an existing residence, a suitable buffer area may be required
by the Planning Board. This buffer shall be at least the same as the
minimum rear or side yard setbacks in the district in which the existing
residence is located.
(b)
The subdivider may propose all other dimensional requirements
for the conservation subdivision lots, including setbacks.
(3)
Subdivision lots shall be arranged in a manner that protects
land of conservation value and open space and facilitates vehicle,
pedestrian and bicycle circulation. Access management techniques,
such as shared driveways, should be used to minimize curb cuts on
rural highways.
D.
Conservation subdivision of a portion of a larger parcel. The Planning
Board may approve a conservation subdivision of only a portion of
a parent parcel if a conservation analysis is provided for the entire
parcel.
E.
Private road standards. Proposed private roads and common driveways
within a conservation subdivision shall be designed and constructed
according to the requirements of this chapter to ensure their suitability
for access to the lots in the conservation subdivision based on projected
traffic, terrain and relevant safety factors. The design of private
roads and common driveways shall be approved by the Planning Board
and the Town's Engineer.
A.
Major subdivision procedure to govern. The procedures for approval of a conservation subdivision shall be the same as for a major subdivision (Article VII), except as specifically modified by the provisions of this article.
B.
Pre-application meeting.
(1)
Purpose. The subdivider shall meet with the Planning Department
to discuss subdivision of the property and conformity, to the maximum
extent practicable, with the Town of Dryden Residential Development
Design Guidelines.
(2)
Condition precedent. The pre-application meeting is required
prior to submission of a sketch plan to the Planning Board.
(3)
Fee. There is no fee for a pre-application meeting.
(4)
At the pre-application meeting the Planning Department shall
advise the subdivider of the amount of the initial deposit established
by resolution of the Town Board to cover the fees and expenses incurred
by the Town pursuant to the provisions of Local Law No. 5 of the year
2000 ( local law providing for the reimbursement by developers of
engineers and attorneys representing the Town of Dryden) and Local
law No. 5 of the year 2007 [a local law amending Local Law No. 5 of
the year 2000 to provide for reimbursement by developers of expenses
incurred by the Town in connection with stormwater pollution prevention
plans (SWPPP)].[1]
C.
Sketch plan; existing conditions report; conservation analysis.
(1)
Submission of sketch plan, existing conditions report and conservation
analysis. Seven copies of the sketch plan, Full Environmental Assessment
Form (EAF), existing conditions report and conservation analysis shall
be filed at least 14 days prior to the regular meeting of the Planning
Board at which the sketch plan, existing conditions report and conservation
analysis will be first reviewed.
(2)
Discussion of requirements. The subdivider shall attend the
meeting of the Planning Board to discuss the sketch plan, existing
conditions report and conservation analysis, other requirements of
this chapter, including the manner in which water service and sewer
service will be provided, the availability of existing utility services,
and conformance, to the maximum extent practicable, with the Residential
Development Design Guidelines.
(3)
approval of sketch plan, existing conditions report and conservation
analysis. The Planning Board shall determine whether the sketch plan
meets the requirements of this chapter and whether the existing conditions
report adequately describes the existing site conditions, and shall
provide by resolution its determination of what, if any, modifications
are necessary for approval of the sketch plan and existing conditions
report, or if a revised sketch plan or existing conditions report
are not required, on the preliminary plat. The Planning Board shall
also review the conservation analysis and determine by resolution:
(a)
The permitted number of lots in the subdivision [in accordance with Town Law § 278, Subdivision 3(b)] which shall not exceed the number of lots which could be permitted, in the Planning Board's judgment, if the property were subdivided into lots conforming to the minimum lot size requirements in such district without taking into account constrained lands, but taking into account infrastructure such as streets necessary to develop the property. In the Varna districts, when no minimum lot size is specified, the Varna Density Table in § 270-7.4 of Chapter 270, Zoning, of the Code of the Town of Dryden shall be used to determine the number of lots that could be permitted. The calculation shall be based on the type of development as identified by the developer; and
[Amended 12-15-2016 by L.L. No. 4-2016]
(b)
The portion or portions of the property which have the most
conservation value and should be protected from development; and
(c)
The preferred method of protection of such property, whether
by conservation easement, restrictive covenant, conveyance to a suitable
title holder or other method; or
(d)
If a revised conservation analysis is required for approval,
the modifications required.
(4)
Fee. The application fee for sketch plan, existing conditions
report and conservation analysis approval shall be paid at the time
the same are filed.
(5)
approval of a sketch plan, existing conditions report and conservation
analysis is a condition precedent to filing a preliminary plat.
D.
Preliminary plat approval.
(1)
approval procedure. The provisions of Town Law § 276,
Subdivision 5, and § 278 govern the procedure for approval
of preliminary plats and coordination of Planning Board review with
SEQR.
(2)
Application. After sketch plan, existing conditions report and conservation analysis approval, the applicant may file an application for preliminary plat approval. The preliminary plat shall comply with the requirements of this chapter and the requirements of this article. In addition to the requirements of Article X, the preliminary plat shall show or be accompanied by:
(a)
Constrained land in the parent parcel and the proposed subdivision.
(b)
All open space and environmental resources included in the approved
conservation analysis and determined by the Planning Board to be protected
from further development.
(c)
Locations of structures ("building envelopes"), and in the Varna
districts, type of development.
[Amended 12-15-2016 by L.L. No. 4-2016]
(d)
A protected open space management plan.
(e)
Proposed plans for private roads or any shared driveways.
(f)
Proposed instruments designed to protect the open space.
(3)
Number of copies. Seven copies of the preliminary plat and one
digital copy shall be filed at least 21 days prior to the regular
meeting of the Planning Board at which the preliminary plat will be
reviewed.
[Amended 2-16-2017 by L.L. No. 2-2017]
(4)
Subdivider to attend Planning Board meeting. The subdivider
shall attend the meeting of the Planning Board for its review of the
preliminary plat.
(5)
Review of preliminary plat. The Planning Board shall review
the practicability of the preliminary plat taking into consideration
sketch plan approval, the requirements of this chapter, and the requirements
and standards set forth in Town Law §§ 277 and 278.
The Planning Board shall by resolution set forth the grounds for its
action on the preliminary plat.
(6)
Fee. The application fee for preliminary plat approval shall
be paid at the time the preliminary plat is filed.
E.
Final plat approval procedure.
(1)
approval procedure. The provisions of Town Law § 276,
Subdivision 6, and § 278 govern the procedure for approval
of a final plat.
(2)
Application. After preliminary plat approval, the applicant
may file an application for final plat approval.
(3)
Number of copies. Seven copies of the final plat and one digital
copy shall be filed at least 21 days prior to the regular meeting
of the Planning Board at which the final plat will be reviewed.
[Amended 2-16-2017 by L.L. No. 2-2017]
(4)
Review of final plat. The Planning Board shall review the final
plat and by resolution set forth the grounds for its action on the
final plat.
(5)
Conditional final approval of a final plat. If the final plat
does not contain the approvals of all other governmental agencies
having jurisdiction over the subdivision, such as, but not limited
to the approval of the Tompkins County Health Department, then the
Planning Board may grant conditional approval of a final plat. In
granting such conditional approval the Planning Board shall specify
the requirements which, when completed, will authorize the signing
of the final plat.
(6)
Fee. The application fee for final plat approval shall be paid
at the time the final plat is filed.
Open space in the conservation subdivision determined by the
Planning Board to be protected shall be permanently protected by a
suitable arrangement, such as conservation easement, restrictive covenant,
homeowner's association, or title transfer to a grantee approved by
the Planning Board. Any development permitted on land located in a
conservation subdivision that is not protected as open space shall
not compromise the conservation value of such open space, except for
the installation of water and sewer facilities and other utilities.
All arrangements for the protection of such open space shall be approved
by the Planning Board, Town Board, if the Town is to hold title or
empowered to enforce the protective measures, and by the attorney
for the Town as to legal sufficiency.
