The design standards and requirements set forth in this article
shall be observed as minimums by the subdivider in the design of each
subdivision within Town of Rochester. The Planning Board shall require
more restrictive standards where necessary to protect health, safety
and welfare of the public, and where circumstances unique to the property
so dictate. The Planning Board shall review all applications for subdivision
with regard to the standards and regulations of this Code and any
applicable local, county, state, or federal standards or regulations.
A conservation subdivision is one where lots or dwelling units
are clustered closer together on a tract with the specific objective
of creating large usable sections of open space on the remainder of
the property. Conservation subdivisions offer flexibility in design,
facilitate the economical provision of streets and utilities and preserve
open space. The following regulations shall apply to such development
in the Town of Rochester:
A. The Town of Rochester Planning Board shall be authorized, simultaneously
with the approval of plans under this chapter, to apply the provisions
set forth in this section for the purpose of accommodating conservation
subdivision projects. Section 278 of the Town Law, including but not
limited to §§ 3(b), is hereby superseded so as to permit
the increases in density and reductions in lot sizes and other changes
in bulk requirements required to accommodate conservation subdivisions
as provided herein. Conservation subdivisions shall be allowed anywhere
within the Town of Rochester.
B. The Planning Board may authorize conservation subdivision, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space or otherwise result in significant negative environmental impacts, using the standards of §§
125-22A above as a guide.
C. Conservation subdivisions shall ordinarily include at least five lots and 10 acres of contiguous land but the Planning Board may require conservation subdivision design practices to protect particularly valuable open spaces. The Planning Board shall have the authority to require the submission of an alternative sketch plan, for any subdivision of 10 lots or more, or any major subdivision, depicting how the property might be developed using this technique. This alternative sketch plan may be used to ascertain the best method of developing a given property. The Planning Board shall apply conservation design criteria from §
125-22A above to preserve vital open spaces identified in the Town Comprehensive Plan and related documents, while, at a minimum, maintaining the density allowed under the Town Zoning Law. No less than 40% of the gross acreage of any conservation subdivision shall be composed of open space.
D. The Planning Board shall be authorized to modify development standards
as provided below and grant a density bonus of 25% where 50% or more
of the tract is preserved as open space and conservation subdivision
is proposed.
E. Single-family detached and two-family dwellings (at the same dwelling
units per acre) shall be the preferred development employed in this
concept. Multifamily dwellings may be considered upon presentation
of the community need for such development.
F. Lot size.
(1) Development standards for streets, lot size, lot width, lot coverage
and lot depth may be reduced, provided no dwelling structure (single-family
or two-family) is located on less than:
(a)
32,670 square feet of land without both central sewer and central
water facilities.
(b)
20,000 square feet of land where both central sewer and central
water facilities are to be provided.
(2) A mix of lot sizes will be encouraged and up to 20% of the lots may
consist of lots of 10 acres or more that shall be counted as open
space for density calculation purposes if deed restricted from further
subdivision. Such lots shall represent no more than 25% of the open
space. Yard requirements may also be reduced, but in no instance to
less than 20 feet for the front yard and 10 feet for the side and
rear yards. Notwithstanding these yard requirements, however, all
principal structures shall be separated by a distance of at least
40 feet. Also, no more than 35% of any given acre shall be covered
with impervious surface in the form of access drives, parking areas
or structures.
G. No individual parcel of common open space shall be less than one
acre except as to roadway median strips, traffic islands, walkways,
trails, courtyards, play areas, recreation facilities, and drainageways
leading directly to streams, historic sites or unique natural features
requiring common ownership protection. No more than 50% of the permanent
open space may consist of wetlands, floodplains, slopes of 25% or
more, water bodies and other undevelopable areas unless incorporated
into the open space in such a manner as to make substantial practical
use of these areas for trails, other active recreational uses (e.g.,
ballfields and golf courses) or similar development features, including
use for stormwater and sewage treatment. Such determination shall,
however, be solely in the discretion of the Planning Board. The Planning
Board may also require open space linkages with adjoining properties,
set-asides of active recreation area for residents and fronting of
up to 50% of lots on open spaces. Open spaces within a property shall
be contiguous with residential lots and linked to each other and public
rights-of-way wherever possible to facilitate common use by the residents
of the development.
H. The open space resulting from conservation subdivision design shall
be permanently protected through a conservation easement. The easement
shall be titled to a homeowners' association (HOA), land trust, municipality
(if accepted by the governing body) or other public entity and placed
under such management as to ensure the perpetual maintenance of the
open space in its generally existing condition. Such land may be used
for any open space purpose approved by the Town Planning Board, including
farming, active or passive recreational use and similar activities
that will effectively preserve open spaces and the existing landscape
character, prior to the sale of any lots or dwelling units within
the subdivision. Private, deed-restricted ownership for use in open
spaces or agriculture may also be approved at the discretion of the
Planning Board. The Town Board must approve the form of all conservation
easements and may require the Town be designated therein as a party
with rights to enforce such agreement.
I. Membership in any HOA to which open space is to be dedicated shall
be mandatory for each property owner within the subdivision and successive
owners with voting of one vote per lot or unit. The subdivider shall
have full responsibility for operation and management of the HOA until
such time as 90% of the lots or units are sold. All restrictions on
the ownership, use and maintenance of common open space shall be permanent
and the HOA shall be responsible for liability insurance, local taxes,
and maintenance of all open space, recreational facilities and other
commonly held amenities. Each property owner must be required to pay
their proportionate share of the HOA's cost and the HOA must be able
to file liens on the lot/unit owner's property if levied assessments
are not paid. The HOA must also have the ability to adjust the assessment
to meet changing needs. Should requirements of federal or New York
State law differ from these provisions, the higher standards shall
apply.
J. Wells and sewage treatment systems of either an individual or central
nature as defined herein may be located within or extend into open
space areas provided that infrastructure associated with such systems
shall not count toward open space requirements and further provided
that subsurface sewage disposal methods are employed, all required
isolation distances are observed and the ownership and maintenance
responsibilities associated therewith are clearly defined in agreements
submitted for approval as part of the subdivision application. No
application shall be approved that does not provide lot buyers with
both the legal authority and the responsibility, individually or collectively,
to maintain all sewer and water facilities on a continuing basis.
K. The HOA shall be responsible for maintenance of all improvements
including not only roads, utilities and recreation facilities, but
also stormwater management improvements as required herein or by other
Town or state regulations.
L. The following process shall be followed in preparing a conservation
subdivision plan once the applicant or Planning Board has determined,
from a sketch plan submission, that this is the form of development
for the property in question. This process shall be in addition to
normally applicable subdivision procedures.
(1) The applicant shall submit an existing resources and site analysis
map giving a comprehensive analysis of existing conditions on the
proposed development site. It shall include:
(a)
Topography at contour intervals of no less than five feet. Slopes
of 15% to 25% and exceeding 25% shall be clearly indicated.
(b)
The location and delineation of ponds, streams, ditches, vernal
pools, drains, and natural drainage swales, as well as the 100-year
floodplains and designated wetlands.
(c)
Vegetative cover conditions on the property according to general
cover type including cultivated land, permanent grassland, meadow,
pasture, old field, hedgerow, woodland and trees with a caliper in
excess of 15 inches. The Planning Board may waive tree locational
requirements within wetlands, floodplains, on slopes greater than
25%, and in other areas proposed to be conserved in their natural
state.
(d)
Soil series, types and phases, as mapped by the U.S. Department
of Agriculture, Natural Resources Conservation Service.
(e)
A viewshed analysis showing the location and extent of views
into the property from public roads and from public parks, and public
forests.
(f)
Geologic formations on the proposed development parcel, including
rock outcropping, cliffs, sinkholes, and fault lines, based on available
published information or more detailed data obtained by the applicant.
(g)
All existing man-made features, including but not limited to
streets, driveways, farm roads, woods roads, trails, buildings, foundations,
stone walls, wells, drainage fields, dumps, utilities, stormwater
detention facilities and storage tanks.
(h)
Locations of all historically significant sites or structures.
(2) After preparing the existing resources and site analysis map, applicants
shall arrange for a site inspection of the property by the Planning
Board and other Town officials. Based on the map and inspection, a
four-step design process shall then be applied to determine the layout
of proposed conservation areas, house sites, streets and lot lines,
as described below:
(a)
Proposed conservation areas shall be designated using the existing
resources and site analysis map. Primary conservation areas shall
be delineated comprising floodplains, wetlands and slopes over 25%.
Secondary conservation areas shall also be delineated and prioritized
for preservation.
(b)
Tentative house sites shall be identified. They 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 as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
(c)
Upon designating the house sites, a street plan shall be designed
to provide vehicular access to each house, bearing a logical relationship
to topographic conditions. Impacts of the street plan on proposed
conservation areas shall be minimized. Street connections shall generally
be encouraged to minimize the number of new culs-de-sac and facilitate
access to and from homes in different parts of the tract.
(d)
Upon completion of the preceding three steps, lot lines shall
be drawn to delineate the boundaries of individual residential lots.
Should any subdivider intend, through road construction or installation
of other subdivision improvements, to make land changes by grading,
filling, excavating or the removal of the natural topsoil or vegetative
covering thereon in accordance with a subdivision plan submitted to
the Town, the same shall only be approved and accomplished after the
developer has submitted to the Town an Erosion and Sedimentation Control
Plan. Erosion control measures shall be employed as necessary to prevent
loss of soil from erosion and also to prevent resulting property damage,
siltation and contamination of water courses or impoundments. Erosion
control measures may include but are not limited to hay bales, silt
fences or other provisions or combinations thereof.