A. 
Statement of policy. The Town of Forestburgh hereby establishes a policy of encouraging the use of conservation subdivision design to preserve open space, agricultural land, water supplies, and other environmental resources identified in the Town of Forestburgh Comprehensive Plan and to harmonize new development with the traditional open, wooded, agricultural and hamlet landscapes of the Town. These principles allow the Planning Board to modify the applicable area and bulk provisions of the Town zoning law in order to preserve open space and encourage more sensitive and efficient development patterns than would be possible by strict adherence to the conventional specifications.
B. 
Grant of authority. The Town Board of the Town of Forestburgh hereby grants to the Planning Board of the Town of Forestburgh the authority to modify and/or waive applicable area, yard and bulk provisions of the Town zoning law as they apply to a specific plat when so requested by an applicant so long as the modified plat is consistent with the goals and objectives of the Comprehensive Plan pertaining to conservation subdivisions and this chapter. To the extent that any provisions of this chapter are inconsistent with § 278 of the Town Law, the Town Board of the Town of Forestburgh hereby declares its intent to supersede that section of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law § 10, Subdivision 1(ii)(d)(3) et seq.
C. 
Purposes. This section encourages flexibility in the design and development of land in order to promote its most appropriate use and to preserve as permanent open space important natural features and resources, wildlife habitat, water resources, ecological systems, and scenic areas for the benefit of present and future residents. A conservation subdivision plan may involve grouping development on one or more portions of a parcel and modifying the minimum lot, area, setback or frontage requirements in order to achieve one or more of the following specific purposes:
(1) 
Preserve the rural character of the Town.
(2) 
Long-term protection of natural and man-made resources identified in the Comprehensive Plan and this chapter.
(3) 
Compatibility with surrounding land uses and the overall character of the neighborhood in which the property proposed for subdivision is located.
(4) 
Provision of adequate setbacks and visual buffers from adjoining properties.
(5) 
Contribution to Town-wide open space planning by creating a system of permanently preserved open spaces providing linkages between existing and potential future open space areas.
(6) 
Preservation of open space where the preserved lands border active agricultural land or land which is suitable for agricultural use.
(7) 
Protection of ground- and surface water, regulated wetlands, steep slopes, floodplains or unique areas of natural, scenic or historic significance.
(8) 
Mitigation of significant environmental impacts identified through application of the State Environmental Quality Review Act requirements.
(9) 
Reduction of the number of new roads or driveways obtaining access from existing public roads and reduction of the amount of new road that may be required to be dedicated to the Town.
(10) 
Creation of a more desirable community environment than what would be possible via a strict application of zoning regulations set forth elsewhere in the Town's zoning regulations.
(11) 
Encourage the permanent preservation of open space for conserving natural areas and native wildlife habitats and for passive recreational use, including the provision of neighborhood parks and trails.
(12) 
Preservation, enhancement and limiting the fragmentation of local natural resources such as water bodies, wetlands, forest, significant topographic and geologic features and other areas of scenic and ecological value.
(13) 
Efficient use of a site to facilitate adequate and economical construction and maintenance of street and drainage facilities.
(14) 
Encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision.
(15) 
Meaningful integration of environmentally friendly design and sustainable development practices to help mitigate the environmental, economic and social impacts of development and to prevent sprawl, provide greater choices in transportation and reduce the reliance on the car.
(16) 
Minimize the total amount of disturbance on the site and total new impervious areas.
(17) 
Innovation and variety in the type and design of residential development, providing a wide choice of living environment, occupancy tenure and housing costs.
(18) 
Further the policies and goals set forth in the Town of Forestburgh Comprehensive Plan.
D. 
Preservation of land. A conservation subdivision accomplishes the purposes set forth above by reducing the generally applicable minimum lot size and bulk requirements of the Town zoning law[1] for the district in which the property is located and by grouping residences in those areas where development would have the least impact on identified natural and community resources. The approved conservation subdivision plat shall identify, with specificity, the location and type of resource(s) to be preserved. The resource(s) shall then be permanently preserved through the use of a conservation easement(s) and/or restrictive covenants as determined by the Planning Board.
[1]
Editor's Note: See Ch. 180, Zoning.
E. 
Applicability. This section shall be applicable only to land parcels zoned for residential uses for which an application for approval of a major subdivision pursuant to this chapter is submitted to the Planning Board.
F. 
Standards and procedures. An applicant for a major subdivision containing 50 acres or more as set forth in this chapter has the option of requesting that the Planning Board consider approval of a conservation subdivision plan in lieu of a conventional major subdivision plan. The decision to permit a conservation subdivision is at the sole discretion of the Planning Board. The use of a conservation subdivision plan contains, in whole or in part, one or more of the following:
(1) 
State and/or federal freshwater wetlands occupy 25% or more of the site.
(2) 
Slopes of greater than 15% occupy 25% or more of the site.
(3) 
The site contains a floodplain or flood hazard area as mapped by the Federal Emergency Management Agency's Flood Insurance Maps.
(4) 
The site contains identified scenic views or scenic vistas.
(5) 
The lot or parcel is included within an agricultural district.
(6) 
The lot or parcel is under a forestry management plan.
G. 
Required plans. An application for conservation development shall include all plans and materials required for approval of a conventional major subdivision as set forth in this chapter. The maximum number of residential lots that may be permitted and approved within a conservation development shall not exceed the maximum number of lots capable of being developed within a conventional subdivision layout of the same property. Lots shown on the conventional layout shall be fully consistent with the lot, area and bulk requirements for the zoning district in which the land is located and all applicable requirements of this chapter and the Town zoning law.
H. 
Planning Board findings. In order to approve a conservation subdivision, the Planning Board must find that the conservation subdivision will benefit the Town and will fulfill applicable purposes stated in the Town of Forestburgh Comprehensive Plan, Town zoning law, and Subsection C of this section.
I. 
Determination of development density and minimum acreage. Upon receipt of an application for a conservation subdivision, the Planning Board shall review the proposed plan and shall, in accordance with Subsection J below, determine the number of building lots or dwelling units that could be practically created pursuant to said plan.
J. 
Maximum density unit calculation. The maximum number of density units (i.e., units per acre or "DU") in a conservation subdivision shall not exceed the maximum allowable DU for a conventional major subdivision in the district in which the property is located. Any regulations contained in this chapter and in the Town zoning law restricting the number of dwelling units permitted in a conventional major subdivision shall also restrict the number of dwelling units permitted in a conservation subdivision. The calculation of buildable yield for a conservation subdivision shall be based on the formula set forth at § 148-20, which shall also be applicable to the maximum density unit calculation for all major conventional subdivisions as defined in this chapter. The buildable yield (BY) shall be used to determine the allowable density units per the area, yard and bulk chart of the Town zoning law.
(1) 
The BY calculation set forth in § 148-20 shall be adjusted to include, in whole or in part, the constrained land area(s) for which the applicant has secured the necessary permits or approvals from applicable local, state or federal agencies authorizing development in such area(s) and has submitted copies of said permits or approvals to the Planning Board. If the parcel is not proposed for connections to central sewage disposal facilities, the plan shall also include an assessment and certification by a professional engineer as to the suitability of the soils to accommodate individual sewage disposal systems. The Planning Board, in its sole discretion, shall determine whether the plan is realistic and reflects a development pattern that could be implemented.
K. 
The following formula shall be used to determine the minimum open space set aside for a conservation subdivision:
With central water and central sewer: T - (W+F+S+I) x 0.40 = OS
With private wells and/or septic: T - (W+F+S+I) x 0.50 = OS
Where:
T
=
Total land area (acres) inside the boundary lines of the project parcel.
W
=
Total land area (acres) inside the boundary lines of the project parcel and within a NYSDEC or USACOE regulated wetland (exclusive of any buffer area).
F
=
Total land area (acres) inside the boundary lines of the project parcel and within the 100-year floodplain area where the base elevations and flood hazard are determined exclusive of any flood area within a regulated state or federal wetland.
S
=
Total land area (acres) inside the boundary lines of the project parcel and containing slopes of 15% or greater.
I
=
The total acreage of required public improvements (i.e., roads, sidewalks, stormwater management facilities, utility easements).
OS
=
Minimum land area (acres) required for open space.
L. 
Existing structures. A proposed conservation plat may be denied where the Planning Board finds that the location of proposed boundary lines, relative to existing principal or accessory structure(s) located on the parcel, or the location of proposed means of ingress and egress for such existing structure(s) relative to proposed new lots and adjoining property would create a conflict with the orderly development and use of the lots of the conservation subdivision, or of adjoining lots, or would not fulfill the purpose and intent of this chapter.
M. 
Minimum acreage per lot. Minimum lot area shall be no less than 50% of the lot size permitted in the zoning district and in no event shall be less than one acre when there is central water or sewer. The minimum lot area shall be 1.5 acres when there is private well and septic.
N. 
Location of open space. The Planning Board is authorized to require the reconfiguration of a conservation subdivision to ensure that the open space to be protected under the plan generally consists of large contiguous land tracts unbroken by intervening lots, structures, roads or driveways, a portion of which should be situated along the public roadway for viewshed preservation and public benefit. In order to achieve a continuity of open space lands and avoid fragmentation, not less than 50% of the lands so preserved shall be continuous and unbroken by intervening lot lines or boundary lines and shall, at its narrowest point, not be less than 30 feet in width.
O. 
Pedestrian access. The Planning Board may require that the conservation subdivision layout include sidewalks or paved pathways and trails for pedestrian circulation. Such pedestrian accessways shall be designed and installed to meet the needs of the residents of the conservation subdivision.
P. 
Water supply and sewage disposal. Water supply and sewage disposal facilities serving the conservation subdivision shall be designed in accordance with all applicable New York State Health Department standards and shall be prepared by a licensed professional engineer.
Q. 
Utilities. All telephone, natural gas, electric, cable and similar service lines serving the conservation subdivision shall be located underground.
R. 
Open space preservation requirements. All lands identified as having one or more of the features or characteristics identified in Subsection F that are not prohibited uses as in Subsection R(2) below and are not building lots or roads shall be set aside as permanent open space. The creation, preservation and management of open space to be protected as part of a conservation subdivision development shall meet the following requirements:
(1) 
Ownership. The preserved open space area may be:
(a) 
Created as a separate parcel owned in common by the residents of the conservation subdivision through a homeowners' association (HOA) formed in accordance with state law and approved by the office of the State Attorney General; or
(b) 
Created as a separate parcel owned in fee by the Town of Forestburgh or by a qualified not-for-profit conservation organization acceptable to the Town Board; or
(c) 
Owned by one or more of the owners of the lots of the conservation subdivision wherein the open space may comprise part of one or more of the lots of the subdivision with appropriate restrictions and covenants placed in the deed(s) to said lot(s) to ensure the permanent preservation of the open space.
(2) 
Prohibited use. No portion of the open space shall be used for roads, building lots, utility structures, driveways, golf courses, driving ranges, or any principal or accessory structure, except for utility lines and connections installed underground. In addition, no part of the open space shall be used for residential, industrial, or commercial purposes except in connection with active agricultural and forestry use.
(3) 
Preservation and enforcement. Open space set aside in a conservation subdivision shall be permanently preserved as required by this section. Each lot created as part of the conservation subdivision shall be granted individual rights to enforce the covenants and restrictions of the conservation easement(s) protecting and preserving the open space, and the Planning Board may require that the right of enforcement also be granted to the Town or to a qualified conservation organization.
(4) 
Plat notations. Open space created by a conservation subdivision must be clearly labeled on the final plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners in the subdivision to such land. The plat shall clearly show that the open space land is permanently reserved for open space purposes and shall contain a notation indicating the liber and page of any conservation easements or deed restrictions required to be filed to implement such reservations or restrictions.
(5) 
Permanent protection of open space. Open space shall be protected by a perpetual conservation easement restricting development of the open space land and allowing use only for active agriculture, forestry, active or passive recreation or protection of natural resources, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law. Said conservation easement may be granted to the Town with the approval of the Town Board or to a qualified not-for-profit conservation organization acceptable to the Town Board. Such conservation easement shall be reviewed and approved by the Planning Board and be required as a condition of plat approval hereunder.
(6) 
Recording. The conservation easement shall be recorded in the Sullivan County Clerk's office prior to or simultaneously with the filing of the conservation subdivision final plat in the County Clerk's office.