Town of Ballston, NY Conservation Subdivision Development

Site analysis. The following site analysis shall be submitted. A site analysis shall include an identification of conservation lands within a parcel(s). The site analysis shall include a Site Analysis Map that includes the information listed below. Conditions beyond the parcel boundaries may be generally described on the basis of existing published data available from governmental agencies, or from aerial photographs. The applicant may obtain advice and assistance from an accredited land trust or environmental organization when preparing the site analysis. The site analysis is not intended to be a highly engineered or exact document, but a general sketch illustrating the location and type of environmental features that are present on the site, including:

Areas having slopes of 15% or greater.

Wetlands, areas of hydrological sensitivity, including, but not limited to, aquifer and aquifer recharge areas, municipal water supply recharge areas, flood-prone areas as shown on Federal Emergency Management Agency maps, lakes, and streams, if any. The Site Analysis Map shall delineate any required stream buffer as per Chapter 138, Zoning, of the Code of the Town of Ballston.

Agricultural lands, including farmland within, and adjacent to, a New York State certified Agricultural District, soils classified as being prime farmland or soils of statewide significance, if any.

Sites where community sewer, community water, or community water and sewer are available or planned, if any.

(e)

Lands within, or contiguous to, a Critical Environmental Area designated pursuant to Article 8 of the New York State Environmental Conservation Law, if any.

(f)

Lands contiguous to publicly owned or designated open space areas, or privately preserved open spaces, if any.

(g)

Historic structures or areas of national, state or local importance, if any, and specifically identifying those structures which are listed on either the federal or New York State Register of Historic Places.

(h)

Sites in, or bordering on, known scenic locations identified in the Town's Comprehensive Plan, if any.

(i)

Areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species, or unique natural or geological formations, if any.

(j)

General description and locations of the vegetative cover on the property according to general cover type, including cultivated land, grass land, old field, hedgerow, woodland and wetland, and showing the actual line of existing trees and woodlands.

(k)

Lakes, ponds or other significant recreational areas, or sites designated as such in the Town's Comprehensive Plan, if any.

(l)

Existing trails, inactive railroad beds, bikeways, and pedestrian routes of Town, state or county significance or those indicated in any Town, county or state plan for future trail development, if any.

(m)

Location of all existing streets, roads, buildings, utilities and other man-made improvements.

(n)

All easements and other encumbrances of property which are or have been filed of record with the Saratoga County Clerk's Office.

In addition to compliance with the requirements of this law, all other procedures and requirements of this chapter related to Preliminary and Final Plat Approvals shall be followed.

The conservation analysis shall describe the importance and the current and potential conservation value of all land on the site. In the course of its initial preliminary plat review, the Planning Board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.

(4)

The outcome of the conservation analysis and the Planning Board's determination shall be incorporated into the approved preliminary plat showing land to be permanently preserved by a conservation easement. The preliminary plat shall also show preferred locations for intensive development as well as acceptable locations for less dense development.

(5)

The final determination as to which land has the most conservation value and should be protected from development by conservation easement shall be made by the Planning Board. Whenever the Planning Board approves a plan with protected open space, it shall make written findings identifying the specific conservation values protected and the reasons for protecting such land (the conservation findings). In determining conservation value, the Planning Board shall make such determination which is consistent with the purpose of the conservation subdivision technique as set forth in § 104-28 above and in the Comprehensive Plan.

(6)

The Planning Board shall deny an application for subdivisions requiring compliance with this section that does not include a complete conservation analysis sufficient for the Board to make its conservation findings. The Planning Board may seek assistance to review any conservation analysis from professionals, including, but not limited to, engineers, biologists, herpetologists, planners, wetland specialists, and similar professionals. Such assistance shall be funded by an appropriate escrow to cover such costs.

(7)

The preliminary plan for a conservation subdivision shall show the boundaries of the land to be preserved and shall identify whether such land is to be preserved by conservation easement, further development restrictions or some other method.

(8)

An approval of a conventional subdivision shall refer to the conservation findings and may be conditioned upon the protection of portions of the site identified in the conservation analysis and findings as having conservation value by no build or no further development restrictions.

Density calculation.

The maximum number of residential units allowed on a site (base density) is calculated by a formula based upon the acreage of unconstrained land on the property pursuant to § 138-57 of the Ballston Town Code.

Lot size. There shall be no minimum or maximum lot size. The Planning Board shall determine appropriate lot sizes pursuant to its review taking into consideration the availability of water and sanitary sewer service or, if not available, the suitability of soils for community alternate or individual on-site septic systems and the capacity for on-site individual wells. Third-party review may be required to confirm suitability at the discretion of the Planning Board or the Town Engineer.

Other area and dimensional requirements. There shall be no required area, bulk, or dimensional standards in a conservation subdivision, except building height and, where such subdivision abuts an existing residence in a residentially zoned area, a suitable buffer area shall be required by the Planning Board. This buffer shall be at least the same distance as the minimum rear or side yard setback in the district in which the abutting land is located.

New York State Building Codes must be adhered to.

The applicant shall specify dimensional requirements for a proposed conservation subdivision by identifying setbacks and other lot dimensions to be incorporated into the final plat.

Types of residential units. Only single-family and two-family residential dwellings shall be allowed.

Fees will be required per lot in accordance with the requirements set forth by the Planning Board for noncluster subdivisions.

§ 104-31 Design guidelines and additional requirements.

Subsequent to the Sketch Plan meeting and submission of the site analysis, a preliminary plat shall be developed pursuant to this chapter.

All preliminary plans in a major subdivision shall include documentation of the following four-step design process in determining the layout of proposed conserved lands, house sites, roads, and lot lines. Applicants may be required to submit four separate sketch maps indicating the findings of each step of the design process if so required by the Planning Board:

Step 1. Delineate open space areas. Proposed open space areas shall be designated 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 features shall be clearly noted, as well as the types of resources included within them, 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 2. 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 3. 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 chapter and Chapter 138, Zoning, of the Code of the Town of Ballston, 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 Ballston Highway Law shall be met.

(4)

Step 4. Draw lot lines. Upon completion of the preceding steps, lot lines are then drawn as required to delineate the boundaries of individual residential lots.

Alternate design process. The Planning Board is authorized to require use of traditional neighborhood design (TND) if such layout is appropriate for the parcel proposed to be developed and if it will result in a more effective open space design. For those subdivisions designed to be a TND, the design process shall be a variation on a conservation subdivision outlined in this section and the developable portion of the parcel shall follow design standards of § 104-14(C) and (D). Just as with non-TND developments, the first step is to identify open space lands, including both primary and secondary conservation areas. However, in TNDs, where traditional streetscape is of greater importance, Subsections B(2) and (3) above may be reversed, so that streets and squares are located before house sites specified.

Site design criteria.

Residential structures in a major subdivision should be located according to the following guidelines, which are listed in order of significance. If any of the guidelines below conflict with each other on a particular site, the Planning Board may use its discretion to resolve such conflicts. The lots, house sites, roads and other infrastructure in a proposed subdivision shall avoid or minimize adverse impacts by being designed:

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.

(e)

To avoid disturbance to streams and drainage swales, floodplains, wetlands, and their buffers. Native vegetation shall be maintained to create a buffer of at least 25 feet and no other disturbance shall take place within 100 feet of wetlands and surface waters, including creeks, streams, springs and ponds.

(f)

All grading and earthmoving on slopes greater than 15% shall be minimized and shall only be to create a house site, driveway and area for a septic system. Such grading shall not result in cut and fills whose highest vertical dimension exceeds eight feet. Roads and driveways shall follow the line of existing topography to minimize the required cut and fill.

(g)

To avoid disturbing existing cultural and scenic features. Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping. The layout shall leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares. Where these scenic views or vistas exist, a deep nonvegetated buffer is recommended along the road where those views or vistas are prominent or locally significant.

(h)

To be as visually inconspicuous as practicable when seen from state, county and local roads, and in particular, from designated scenic routes. The subdivision shall preserve woodlands along roadways, property lines, and lines occurring within a site such as along streams, swales, stone fences, and hedgerows to create buffers with adjacent properties. Preservation shall include ground, shrub, understory and canopy vegetation.

(i)

To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads. House lots shall generally be accessed from interior streets, rather than from roads bordering the parcel. New intersections with existing public roads shall be minimized. Although two access ways into and out of subdivisions containing 20 or more dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment.

(j)

On suitable soils for subsurface sewage disposal (where applicable).

(k)

Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland to enable new residential development to be visually absorbed by the natural landscape.

(l)

Around and so as to preserve sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

(m)

Protect wildlife habitat areas of species listed as endangered, threatened, or of special concern by either the United States Department of the Interior or the New York State Department of Environmental Conservation.

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 in general accordance with the Town's Comprehensive Plan 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, 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.

(e)

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.

(f)

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

(g)

The required open space may be used for community septic systems.

(h)

The following stormwater management areas may be included in the preserved open space lands: pervious vegetated and unvegetated land that is used for stormwater management, including, but not limited to rain gardens, bioretention areas, and vegetated swales/dry swales, but excludes impervious features of a stormwater management system. Pervious lands within the rights-of-way for underground utilities may be included as part of the minimum required open space.

(i)

Recreation lands such as ball fields, golf courses, parks, pool areas, etc., shall not be considered part of the required open space unless such land is open to the public on the same terms and conditions as these lands are available to residents of the subdivision. 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 this chapter.

(j)

Open space shall be directly accessible or viewable from as many home sites as possible.

Streets, driveways, and trails.

Common driveway access may be provided. A pedestrian circulation and/or trail system shall be sufficient for the needs of residents, unless waived by the Planning Board.

New streets shall meet the Town Highway Specifications. Where appropriate, the Planning Board shall work with the Highway Department to ensure that the Town of Ballston Highway Specifications, normally applicable to conventional subdivisions, do not impact or detract from the rural and environmental character of a conservation subdivision.

From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long straight segments. Shorter straight segments connected by 90° and 135° bends are preferred in a more formal or traditional arrangement.

(4)

Whenever appropriate, street systems should produce terminal vistas of open space in accordance with the conservation emphasis of the subdivision design and to positively contribute to the Town's open space goals.

(5)

Use of reverse curves should be considered for local access streets in conservation subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 mph. Further, use of single-loaded streets is encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.

(6)

Bike paths and other pedestrian trails are encouraged.

Protection of open space.

All required open space shall be depicted and noted on the site plan as protected open space and restricted from further subdivision through one of the following methods to be proposed by the applicant and approved by the Planning Board:

A permanent conservation easement, in a form acceptable to the Town and recorded at the Saratoga County Clerk's Office. Due to the enforcement responsibilities carried out by easement grantees, this is the preferred method of ensuring permanent protection.

A declaration of covenants or deed restriction, in a form acceptable to the Town, and recorded in the Saratoga County Clerk's Office. This method should only be used where the applicant has demonstrated that a conservation easement is not practicable.

A fixed-term conservation easement, in a form acceptable to the Town and recorded at the Saratoga County Clerk's Office.

Open space land may be held in any form of ownership that protects its conservation values, such as where the open space is owned in common by a homeowners' association (HOA).

Open space may also be dedicated to the Town, county or state governments, transferred to a qualified non-profit organization, including a land trust, or held by single or multiple private owners. The applicant shall provide proof that the receiving body agrees to accept the dedication.

The Town seeks to ensure long-term maintenance of privately owned lots dedicated to open space. When open space lands are proposed to be privately owned on a lot dedicated for open space use, and such lands are not subject to a conservation easement or are not to be transferred to a qualified nonprofit organization or municipality, such lands shall be owned by an HOA, or shall be designated as a house lot allowing only one residence. This house lot shall be considered part of, and not in addition to, the allowed density the parent parcel is eligible for. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation or agricultural value of such open space land.

If the open space is to be owned by an HOA, the HOA must be incorporated before the final subdivision plat is signed. The applicant shall provide the Town with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

[1]

If land is held in common ownership by a HOA, such ownership shall be arranged in a manner that real property tax claims may be satisfied against the open space lands by proceeding against individual owners and the residences they own. The HOA must be responsible for liability insurance, local taxes and the maintenance of the conserved land areas. The HOA shall have the power to adjust assessments to meet changing needs. The Planning Board shall find that the HOA documents satisfy the conditions above.

[2]

The HOA shall be operating before the sale of any dwelling units in the development. The proposed HOA shall be established by the applicant and shall comply with the requirements of § 352-e of the New York State General Business Law, and have an offering plan for the sale of lots in the subdivision approved by the New York State Department of Law, if required. In the event that the NYS Department of Law grants an exemption from the requirement of an offering plan, the applicant shall have in place a maintenance agreement acceptable to the Town that ensures perpetual maintenance of the open space.

[3]

Membership in the HOA must be mandatory for each property owner within the subdivision and for any successive property owners in title.

[4]

The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.

[5]

The association shall have adequate resources to administer, maintain, and operate such common facilities.

The conservation easement, declaration of covenants or deed restriction or approved subdivision plan shall permanently restrict development of the open space and shall specify the use of such space only for agriculture, forestry, open space recreation or similar purposes. The Planning Board shall approve the form and content of any easement, declaration, or restriction or subdivision plan. Regardless of which method of protecting the required or designated open space is selected, the restriction shall be made a condition of the final plat approval. A conservation easement will be acceptable if:

The conservation organization is acceptable to the Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law.

The conveyance contains appropriate provisions for proper reverting or re-transfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions.

A maintenance agreement acceptable to the Town is established between the owner and the conservation organization to ensure perpetual maintenance of the open space.

The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions.

Maintenance standards.

The owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space.