A.
Policy and authority. It is the policy of the Town of Washington, as expressed in § 165-52 of Chapter 165, Zoning, of the Code of the Town of Washington, to encourage the modification of applicable provisions of Chapter 165 and this chapter in order to preserve open space and harmonize new development with the traditional open, rural, wooded, agricultural, and hamlet landscapes of the Town. To that end, the Town Board of the Town of Washington, through its resolution approving this chapter, hereby adopts the provisions of § 278 of the New York Town Law, and hereby grants to the Planning Board of the Town of Washington the full authority set forth in that section to modify applicable provisions of Chapter 165 as they apply to a specific plat, including the authority to require an applicant to modify a plat in a manner consistent herewith. The regulations contained in this section shall constitute the rules and regulations required by § 278 of the Town Law, setting forth criteria pursuant to which a cluster subdivision may be required. The Planning Board also maintains the authority to waive or modify applicable provisions of this chapter for the purposes indicated in § 137-26B.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Purposes. This provision encourages flexibility in the design and
development of land in order to promote the most appropriate use of
land and to preserve, as permanent open space, agricultural land,
important natural features, wildlife habitat, water resources, ecological
systems, and scenic areas for the benefit of present and future residents.
An open space subdivision plan may involve grouping development on
one or more portions of a parcel to permanently preserve other portions
of it ("cluster development"), modifying road design and frontage
requirements in return for permanent open space preservation measures
("conservation density subdivision"), or a combination of these approaches.
An open space subdivision shall achieve the following specific purposes:
(1)
Better protection of natural and scenic resources identified in the Master Plan and Chapter 165, Zoning, than would be provided by a conventional subdivision plan;
(2)
Compatibility with surrounding land uses and the overall character
of the area;
(3)
Provision of adequate buffers for adjoining properties;
(4)
Contribution to Townwide open space planning by creating a system
of permanently preserved open spaces, both within large parcels of
land and among such parcels throughout the Town, providing linkages
between existing open space areas; and
(5)
Preservation of land suitable for agriculture, particularly where
the open space subdivision borders active agricultural land or land
suitable for agriculture.
C.
Types of open space subdivisions.
(1)
Cluster subdivisions. A cluster subdivision accomplishes the purposes in § 137-26B above by reducing the lot size and bulk requirements contained in Chapter 165, Zoning, clustering homes in those areas where they will have the least impact on identified environmental resources. These resources are then permanently preserved through the use of conservation easements. The cluster principle can be applied not only to large subdivisions but also to subdivisions of four or fewer lots ("mini-clusters"), enabling the subdivided lots to be smaller than the zoning would normally require, provided that compensating buildable land is placed under open space conservation easement to maintain the overall density at or below the level permitted by Chapter 165, Zoning.
(2)
Conservation density subdivisions. Conservation density subdivisions achieve the goals of § 137-26B through the creation of lots that average at least five times the minimum size required in the zoning district. This low density is maintained in perpetuity through the use of permanent conservation easements running with the land. To encourage the establishment of these permanent low densities, the Planning Board may modify road specifications and frontage requirements that would otherwise apply.
A.
Voluntary application. If a sketch plan application involves review under the provisions of this section, the Planning Board, in its discretion, may use its authority to permit open space subdivisions if, in the Planning Board's judgement, the use of this authority will achieve the purposes in § 137-26B above and benefit the Town. The Planning Board may require that the applicant submit the land inventory information listed in § 137-21P above at the sketch plan stage to assist in making such a judgement. The Planning Board may also hold a public hearing and may refer the sketch plan application to the Conservation Advisory Commission following the procedure in § 137-27B(3) below. If the Planning Board grants sketch plan approval to the proposed open space subdivision, it shall proceed through the review process for the proposed subdivision using the procedures contained in Article II of this chapter.
B.
Planning Board's option to require a cluster plan.
(1)
If a sketch plan application for a conventional subdivision meets any of the cluster preference criteria in Subsection B(2) below, the applicant shall include, as part of the sketch plan submission, a brief report that describes how the proposed subdivision plan achieves the purposes listed in § 137-26B above, and why a cluster plan prepared under this section would not better achieve these purposes.
(2)
Criteria for cluster preference.
(a)
Total land included in the proposed subdivision is 50 acres
or more;
(b)
Total number of lots is five or more, or three or more in the
APO District;
(c)
Average lot size (excluding residual land) is under 20 acres;
(d)
The property includes one or more of the following features:
[2]
Flood hazard area as mapped on the Federal Emergency Management
Agency's Flood Insurance Rate Maps;
[3]
Critical Environmental Areas designated by the Town Board;
[4]
Sand and gravel, limestone, and limestone overlaid with sand
and gravel aquifer as identified on the Town's official Aquifer Protection
Map;
[5]
Slopes in excess of 25%.
[6]
Critical environmental features as identified in the Visual
Resource Mapping Series, sheet entitled "Resource Report," or as may
be identified by the Planning Board; or
[7]
Areas within designated EP Districts.
(3)
Upon receipt of a sketch plan for a conventional subdivision that meets the criteria in Subsection B(2) above, the Planning Board shall direct the applicant to submit the land inventory information listed in § 137-21P above. Upon receipt of that information, the Planning Board shall refer the application, including the land inventory, to the Conservation Advisory Commission (CAC) for its comments on the adequacy of the plan to fulfill the objectives of § 137-26B above and to protect the natural resources on and adjoining the property. The CAC shall submit its comments to the Planning Board within 25 days of its receipt of such sketch plan. Failure of the CAC to make its report within that period shall be deemed a waiver of its comments on the sketch plan as submitted. The Planning Board may hold a public hearing, to be held after receipt of the CAC's comments.
(4)
Within 45 days of receipt of a sketch plan hereunder, the Planning Board shall determine whether the conventional subdivision accomplishes the purposes in § 137-26B of this chapter, whether it needs to be modified, and whether the applicant shall be required to apply for a cluster subdivision. In making its determination, the Planning Board shall consider the application and supporting materials presented, the purposes stated in § 137-26B above, the comments of the CAC, and public comments at any hearing that has been held.
(5)
Following this determination, the Planning Board shall advise the
applicant, in writing, of its decision on the submitted sketch plan.
If the Planning Board's decision is to require a cluster plan, it
shall deny the submitted plan and, in its written decision, it shall
state its reasons for requiring a cluster plan and specifically identify
those portions of the property proposed for development which should
be set aside as protected open space.
A.
Required plans. An application for cluster subdivision shall include
all plans and materials required for a conventional subdivision under
this chapter. In addition, a preliminary plat of a conventional subdivision
of the property conforming to the applicable minimum lot size, density
requirements, and all other normally applicable requirements of the
district shall be submitted.
B.
Allowable density. The Planning Board shall review the conventional subdivision plan required in § 137-29A above and shall determine the number of building lots or dwelling units that could be practically created pursuant to said plan, considering the requirements of this chapter and Chapter 165, Zoning, the requirements of the Dutchess County Departments of Health and Public Works, and the limitations of soils, topography, wetlands, and other environmental features, but not including the limitations imposed by the APO Overlay District. In no case shall the number of building lots or dwelling units permitted in the cluster exceed 125% of this number of lots or units, as permitted in § 165-53, Cluster subdivision requirements, of Chapter 165, Zoning.
C.
Types of dwelling units. Dwelling units in a cluster development
may be provided, at the discretion of the Planning Board, in one-family
or two-family dwelling structures.
D.
Maximum lot sizes and dimensional requirements.
(1)
(4)
Any lot fronting on a previously existing public road shall have
frontage of not less than 150 feet.
(5)
Distance between dwelling units shall not be less than 60 feet.
The Planning Board is hereby empowered to modify applicable provisions of Chapter 165, Zoning, for the purpose of encouraging the preservation of large tracts of open space by affording flexibility to landowners in road layout and design and road frontage requirements if, and only if, such landowners commit to the permanent preservation of significant open space resources. The following standards and procedures shall be followed by the Planning Board in reviewing applications for approval of a conservation density subdivision.
A.
Waiver of road frontage requirements. In addition to the provisions of § 137-16F, Rear lots, and § 165-68 of Chapter 165, Zoning, minimum road frontage requirements of Chapter 165 may be waived by the Planning Board pursuant to this section, provided that all of the following requirements are met:
(1)
The average lot size in the proposed subdivision is at least five
times the minimum lot size required in the zoning district;
(2)
A permanent conservation easement is placed on the land to be subdivided, to maintain its natural and scenic qualities and to assure that it will not be subdivided to a density higher than that permitted in Subsection A(1) above;
(3)
In the Planning Board's judgement, such a modification will maintain or enhance the rural quality of the area, benefit the Town, and accomplish the purposes in § 137-26B above; and
(4)
Adequate access to all parcels can be assured by private roads and/or
common drives.
B.
Private roads. The Planning Board may grant an exception to the road design standards of § 137-15E and approve private roads to provide access to lots in conservation density subdivisions. In granting such exceptions, the Board must find that the proposed subdivision accomplishes the purposes set forth in § 137-26B above and meets all of the conditions of this section and such other conditions as the Planning Board deems appropriate under the particular circumstances.
(1)
The average size of the lots within the subdivision (including any
residual land) must be at least five times the lot size required within
the applicable zone and in no event less than a 10 acre minimum average
lot size.
(2)
The maximum number of lots using the proposed private road shall
be 10.
(3)
The applicant shall submit to the Planning Board as part of the application
for preliminary plat approval, a professional engineer's drawings
showing the exact location, dimensions, and grade of the road, as
well as the specifications setting forth the proposed composition
of the road. The Planning Board shall be entitled to retain its own
engineer to review these plans and specifications and make further
recommendations for consideration to the Planning Board. The Planning
Board's engineer shall be paid for by the applicant.
(4)
Written approval from the Town Superintendent of Highways and the
Town's engineer shall be secured before approval of any private roads.
(5)
The private road may never be offered for dedication to the Town
of Washington unless it conforms to Town Highway Specifications in
effect on the date of the offer of dedication. In the event such dedication
becomes necessary to assure public safety, the cost of bringing the
road up to Town Highway Specifications shall be borne by the homeowners'
association (HOA).
(6)
A homeowners' association must be created to own and provide for the perpetual care and maintenance of the private road. Such HOA shall meet all requirements for an open space HOA set forth in § 137-30D(2)(a) through (f) below. The HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The HOA shall contract directly with the Town of Washington or a qualified road contractor to assure that the road will always be maintained and kept open to permit emergency vehicle access. In the event that a private road contractor does not properly maintain the road, the Town of Washington may assume maintenance responsibilities and charge the HOA for all reasonable costs thereof. Such costs, if unpaid for more than 60 days, shall become a lien on the property and enforceable in the same manner as a property tax lien. The Planning Board shall have discretion to determine whether the applicant should be required to establish a maintenance fund at the time of approval and, if so, how much of a deposit should be required. The Planning Board shall also have discretion to determine whether a performance bond must be posted by the applicant to assure the proper completion of the private road and, if so, how much the performance bond shall be and what form it shall take.
(7)
The HOA shall contract with the Town of Washington to provide, at
regular intervals (to be determined by the Planning Board), a written
certification from a licensed professional engineer that the physical
integrity of the private road is adequate to meet its present needs
and the needs which can reasonably be anticipated in the future.
(8)
The lots in the private road subdivision shall be restricted by conservation
easement so that they may never be subdivided beyond the lesser of
10 lots or five times the zoning density at the time of subdivision
approval, regardless of whether the private road remains a private
road.
(9)
The subdivision map shall show the street clearly labeled "private
street."
(10)
Design standards.
(a)
The following are minimum standards for construction of private
roads and of private drives for rear lots:
[1]
All construction shall be in accordance with this chapter and
shall be under the immediate inspection, supervision and approval
of the Planning Board.
[2]
The accessway for a private road shall be not less than 50 feet
in width with a wearing surface not less than 18 feet in width.
[3]
Whenever possible, and as far as practicable, streets shall
follow natural contours.
[4]
Minimum curve radius shall be 100 feet; minimum tangent distance
between reverse curves shall be 50 feet.
[5]
Grade shall not exceed 12% nor be less than 1%. Grade shall
not be greater than 3% within 50 feet of an intersection.
[6]
The subgrade and foundation course shall be constructed as required
by the Town Highway Specifications for the Town of Washington.
[7]
The wearing surface shall consist of two inches of crushed gravel.
(b)
These conditions are not meant to be exclusive, and the Planning
Board may specify additional conditions for approval.
Open space set aside in a cluster subdivision or a conservation
density subdivision shall be permanently preserved as required by
this section.
A.
Open space uses.
(1)
Open space shall be preserved and maintained for one or more of the
following uses, which shall be noted on the plat for each open space
subdivision.
(a)
On parcels subject to APO District regulations, open space shall be preserved principally for agriculture. Secondary open space uses include, but are not limited to, recreation and conservation of water, plants, or wildlife, consistent with the purposes specified in § 165-25 of Chapter 165, Zoning. Land preserved for agricultural purposes but not in active production shall, if required by the Planning Board, be mowed or plowed at least once annually.
(b)
On all other parcels, open space uses shall be appropriate to
the site, including but not limited to passive and active recreation
(including trail use), forestry, and agriculture.
(2)
When the principal purpose of preserving the open space is the protection
of natural resources such as wetlands, aquifers, steep slopes, mature
forests, wildlife habitats, and stream corridors, open space uses
shall be limited to those which are no more intensive than passive
recreation.
B.
Notations on plat. Open space created by the use of this article
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 not be platted for building lots, and shall indicate the
liber and page of any conservation easements or deed restrictions
required to be filed to implement such reservations.
C.
Preservation in perpetuity. A perpetual conservation easement restricting
development of the open space land and allowing use only for agriculture,
forestry, active or passive recreation, watershed protection, wildlife
habitat or other open space use, and prohibiting residential, industrial,
or commercial use of such open space land, 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, or to a qualified not-for-profit
conservation organization acceptable to the Planning Board. Such conservation
easement shall be reviewed and approved by the Planning Board and
be required as a condition of plat approval hereunder. Said conservation
easement shall not be amendable to permit commercial, industrial,
or residential development, and shall be recorded in the Dutchess
County Clerk's office prior to filing an approved open space subdivision
final plat.
D.
Ownership of open space land.
(1)
Open space land may be owned in common by a homeowner's association (HOA), dedicated to the 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 adequate to fulfill the purposes of this Article VI. The appropriate form of ownership shall be based upon the purpose of the open space reservation as stated pursuant to § 137-30A above.
(2)
If the land is owned in common by an HOA, such HOA shall be established
in accordance with the following:
(a)
The HOA must be set up before the lots are sold and must comply
with all applicable provisions of the General Business Law;
(b)
Membership must be mandatory for each lot owner, who must be
required by recorded covenants and restrictions to pay fees to the
HOA for taxes, insurance, and maintenance of common open space, private
roads, and other common facilities;
(c)
The open space restrictions must be in perpetuity;
(d)
The HOA must be responsible for liability insurance, local taxes,
and the maintenance of recreational and other facilities and private
roads;
(e)
Property owners must pay their pro rata share of the costs in Subsection D(2)(d) above, and the assessment levied by the HOA must be able to become a lien on the property;
(f)
The HOA must be able to adjust the assessment to meet changed
needs;
(g)
The applicant shall make a conditional offer of dedication to
the Town, binding upon the HOA, for all open space to be conveyed
to the HOA. Such offer may be accepted by the Town, at the discretion
of the Town Board, upon the failure of the property owners' association
to take title to the open space from the applicant or other current
owner, upon dissolution of the association at any future time, or
upon failure of the HOA to fulfill its maintenance obligations hereunder
or to pay its real property taxes;
(h)
Ownership shall be structured in such a manner that real property
taxing authorities may satisfy property tax claims against the open
space lands by proceeding against individual owners in the HOA and
the dwelling units they each own;
E.
Maintenance standards.
(1)
Ongoing maintenance standards shall be established, enforceable by
the Town against an owner of open space land as a condition of subdivision
approval, to assure that the open space land does not detract from
the character of the neighborhood. Such maintenance standards may
include the obligation to mow open fields to maintain their scenic
character.
(2)
If the Town Board finds that the open space set aside is being maintained
in such a manner as to constitute a public nuisance, 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
assessed ratably against the owner or, in the case of an HOA, the
owners of properties within the development, and shall, if unpaid,
become a tax lien on said properties.
