A.
A purpose of this section is, through regulation of the subdivision
of land, to plan for the orderly, economic, aesthetic, environmentally
sound and efficient development of the Town consistent with its community
character and the continuing needs of its people for conservation
of natural and cultural resources, quality residential building sites
and enjoyable open space. The Town of Waterford is home to important
agricultural lands, significant scenic viewsheds, historic architecture,
natural beauty, and rural landscapes. This section has been carefully
designed in recognition of the need to protect such resources as part
of the land development process.
B.
A purpose of this section of the Subdivision Law is to uphold the
Town of Waterford Comprehensive Plan and achieve the following goals
and policies of the Comprehensive Plan:
(1)
To conserve open land, including those areas containing unique
and sensitive natural features.
(2)
To provide greater design flexibility and efficiency in the
siting of services and infrastructure, including the opportunity to
reduce lengths of roads and the amount of paving required.
(3)
To provide for a diversity of lot sizes and housing choices
to accommodate a variety of age and income groups.
(4)
To conserve a variety of resource lands as established in the
Town of Waterford Comprehensive Plan.
(5)
To protect agricultural areas for continued agricultural operations.
(6)
To create neighborhoods with direct visual or physical access
to open space.
(7)
To provide standards reflecting the varying circumstances and
interests of individual landowners and the individual characteristics
of their properties.
A.
This subsection of the Subdivision Law shall apply to all major subdivisions
in accordance with the definition of that term in these regulations
and all major subdivisions shall be designed as an open space conservation
subdivision in accordance with the requirements and provisions of
this law.
B.
In approving a conservation subdivision, the Planning Board has the
authority to impose such additional conditions and restrictions as
are directly related to the proposed subdivision and protection of
resources.
D.
Procedures and integration. All major subdivision submittals, procedures,
and time frames pursuant to these regulations shall be met. Whenever
the circumstances of a proposed development or application require
compliance with this conservation subdivision article, the Planning
Board shall integrate or run in parallel as many of the applicable
procedures and submission requirements as is reasonably practicable
so as not to delay review and decisionmaking.
The permitted number of dwelling units in a conservation subdivision
shall not exceed the number of units that would be permitted according
to the density requirements of the Town of Waterford Zoning Law.[1] The Planning Board shall allow alteration of lot dimensions
within a conservation subdivision in order to properly accomplish
the purposes of the Town of Waterford Comprehensive Plan and this
law to preserve the maximum amount of open space when a major subdivision
is planned. Lots shall be arranged in a way that preserves open space
and promotes land conservation as described in this section.
A.
A major subdivision must preserve at least 50% of the parcel's acreage
as open space land.
B.
Minimum street frontage per lot shall be 25 feet.
C.
Minimum lot size. The minimum lot size in major subdivisions where
individual wells are required shall be equal to that required by the
Saratoga County Department of Health to meet standards for water system
approvals when on-site well systems are required. For lots in major
subdivisions that do not need individual wells, the minimum lot size
shall be 15,000 square feet, on average. Up to 20% of the lots may
be reduced to a minimum of 10,000 square feet.
D.
Maximum impervious surface shall be 30% on each lot.
E.
Maximum height of any building or structure to be placed on a lot
shall be 35 feet.
F.
Setbacks from an existing active agricultural operation shall be
100 feet.
G.
Stream setbacks. There shall be a minimum twenty-five-foot undisturbed
vegetated buffer along all streams within a conservation subdivision.
If native vegetation is not present within the minimum twenty-five-foot
streamside vegetated buffer areas, then a planting plan to establish
native vegetation, preferably trees, to create a vegetated buffer
is required. There shall be a 100-foot buffer established along all
streams, wetlands, and other hydrologically sensitive areas where
there shall be no structure, soil removal or disturbance, clearing,
filling or vegetation disturbance.
A.
All requirements and procedures of § A166-4, Sketch plan, shall be followed in addition to this article when a conservation subdivision is proposed.
B.
Sketch plan. In addition to requirements for a sketch plan of § A166-4, the following additional information shall be submitted by the applicant as a basis for informal discussions with the Planning Board regarding the design of a proposed major subdivision. The Planning Board shall evaluate the proposed subdivision during the sketch meeting. The Planning Board shall determine whether the sketch plan meets the purposes of this section. Complete and complex engineered plans and architectural drawings are premature and not required at this phase. The sketch plan shall contain:
(1)
The subdivision name or title, if any; the scale, which shall
be no less than one inch equals 100 feet; North direction, which shall
be oriented toward the top of the plan; the plan date; and the label
"concept plan."
(2)
The subdivision boundaries and the owners of all contiguous
properties.
(3)
The zoning classification and tax map number(s) of the property
to be subdivided.
(4)
The total acreage of the subdivision and the proposed number
and locations of lots.
(5)
All existing streets, either mapped or built, adjacent to the
tract.
(6)
All existing restrictions on the use of land, including easements
and covenants, if any.
(7)
All existing structures, general locations of agricultural fields
and wooded areas, watercourses, and other significant physical features
of the parcel and within 200 feet of the parcel boundaries.
(8)
If applicable, the locations and required setbacks, if any,
as may be required by this Law, the Town of Waterford Floodplain Law,
or state or federal laws from watercourses, wetlands, and floodplains.
(9)
Site analysis. The following site analysis shall be submitted by the applicant pursuant to this law in addition to requirements of § A166-4 of the Town of Waterford Subdivision Regulations. A site analysis shall include an identification of primary and secondary 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 based on 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 and description illustrating the location and type of environmental features that are present on the site, including:
(a)
Areas where the slope exceeds 15%.
(b)
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 the 100-foot required stream buffer and the minimum twenty-five-foot
required streamside vegetated buffer.
(c)
Agricultural lands, if any.
(d)
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)
Locations 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.
A.
Subsequent to the sketch plan meeting and submission of the site
analysis, a preliminary plat shall be developed. The submission requirements
for a preliminary plat include the site analysis and the submission
requirements pursuant to both this section and the Town of Waterford
Land Subdivision Regulations.
B.
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 required by the Planning
Board:
C.
Step 1, delineate open space areas. Proposed open space areas shall
be designated as follows:
(1)
Primary Conservation Areas shall be delineated and designated
on a map.
(2)
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 based on 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.
(3)
Building envelopes are the locations where all buildings, structures,
water or septic infrastructure shall be placed on the lot, and such
envelopes shall not encroach upon Primary Conservation or Secondary
Conservation Areas. 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. The house site
is a specific location within the building envelope.
D.
Step 2, specify location of house sites. Building envelopes shall
be tentatively located within the potential development areas in a
manner so that house sites should generally be 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.
E.
Step 3, align streets and trails. After designating the building
envelopes, a street plan shall be designed to provide vehicular access
to each lot, complying with the standards identified in this Zoning
Law[1] 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 lots 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 Waterford Highway
Law[2] shall be met.
F.
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.
G.
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 local law. 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 a traditional
streetscape is of greater importance, Steps 2 and 3 above may be reversed,
so that streets and squares are located before lot lines specified.
TNDs typically have higher densities of development, reduced lot sizes,
narrow front setbacks, narrow streets, sidewalks, and have a clear
demarcation between built and unbuilt lands at the edge of the neighborhood.
(1)
A TND shall have a neighborhood or series of neighborhoods,
and parks and open space. Where allowed by zoning, a TND may also
have a center plaza consisting of civic, retail, service and multifamily
uses.
(2)
A TND neighborhood shall have a continuous system of sidewalks
to connect all streets and to provide access to dwelling units.
(3)
All lots shall include frontage abutting a street. Minimum frontage
shall be 20 feet, with a five-foot-minimum front setback, a thirty-foot-maximum
front setback, a five-foot-minimum side setback and a twenty-foot
minimum rear setback. Accessory structures shall have the same setback
requirements as the principal structures on the lot.
(4)
Blocks shall have an average perimeter not exceeding 1,200 square
feet with no perimeter block exceeding 1,600 feet.
(5)
All residential, and commercial structures if allowed, shall
have the principal entrance facing the road frontage, or if adjacent
to parks or open spaces, shall be oriented to such parks or open spaces.
(6)
Parking lots for commercial uses or multi-family dwellings,
where allowed, shall be located at the rear or side of principal buildings.
A.
Residential buildings in a major subdivision should be located according
to the following guidelines. 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 proposed subdivision shall
avoid or minimize adverse impacts by being designed:
(1)
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.
(2)
To avoid disturbance to streams and drainage swales, floodplains,
vernal pools, 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, vernal pools, springs and ponds.
(3)
All grading and earthmoving on slopes greater than 15% shall
be minimized and shall only be to create a house site, driveway and
other structures. 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.
(4)
To avoid disturbing existing cultural and scenic features. Views
of new buildings from exterior roads and abutting properties shall
be minimized using 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.
(5)
To be as visually inconspicuous as practicable when seen from
state, county and local roads. 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.
(6)
To minimize the perimeter of the built area by encouraging compact
development and discouraging strip development along roads. New 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 residential dwelling units 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.
(7)
On suitable soils for subsurface sewage disposal (where applicable).
(8)
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.
(9)
Around and to preserve sites of historic, archeological or cultural
value insofar as needed to safeguard the character of the feature.
(10)
To protect biodiversity and 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, or critical habitats listed
on the DEC Waterford Habitat Summary or the Waterford Biodiversity
Map.
(11)
Where agricultural operations exist on or adjacent to the proposed
subdivision, building envelopes should be located in a manner which
maximizes the ability for continued agricultural use and away from
the boundaries of any farm to the maximum extent feasible to reduce
conflicting uses.
B.
Open space standards:
(1)
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.
(2)
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.
(3)
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.
(4)
Open space land shall, to the maximum extent practicable, be
contiguous to avoid fragmentation.
(5)
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 lots. A portion of any lot that is two 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.
(6)
Walkways, trails, play areas, drainageways leading directly
to streams, historic sites or unique natural features requiring common
ownership protection may be included in the preserved open space lands.
(7)
The required open space may be used for community septic systems
and other underground infrastructure.
(8)
Stormwater management ponds or basins and lands within the rights-of-way
for underground utilities may be included as part of the minimum required
open space.
(9)
Recreation lands, such as ball fields, golf courses, and parks,
shall not be considered part of the required open space unless such
land is open to the public. 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
the Town of Waterford Land Subdivision Regulations.
(10)
Open space shall be directly accessible or viewable from as
many lots as possible.
A.
Common driveway access may be provided for. A pedestrian circulation
and/or trail system shall be sufficient for the needs of residents,
unless waived by the Planning Board.
B.
New streets shall meet all the Town highway specifications as may exist. Where appropriate, the Planning Board shall work with the Highway Department to ensure that highway specifications do not impact or detract from the character of a conservation subdivision. Street naming shall follow all requirements of § A166-16.
C.
From an aesthetic and speed-control perspective, curving roads are
preferred in an informal cluster to avoid long straight segments.
Shorter straight segments connected by 90° and 135° bends
are preferred in a more formal or traditional arrangement.
D.
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.
E.
Bike paths and other pedestrian trails or sidewalks are encouraged.
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.
A permanent conservation easement, in a form acceptable to the Town
and recorded at the County Clerk's Office. Due to the enforcement
responsibilities carried out by easement grantees, this is the preferred
method of ensuring permanent protection.
B.
A declaration of covenants or deed restriction, in a form acceptable
to the Town, and recorded in the County Clerk's Office.
C.
A fixed-term conservation easement, in a form acceptable to the Town
and recorded at the County Clerk's Office.
As part of the subdivision approval, the following shall be
accomplished:
A.
An official register shall be established indicating.:
(1)
A record of the size of the parent parcel being subdivided;
(3)
Specification of which lot or lots carry with them the right
to erect or place any unused allocation of dwelling units the parent
parcel may have; and
(4)
Which lands shall be reserved as open spaces and upon which
no further allocation of dwelling units shall be made.
B.
For subdivisions having an unused allocation of dwelling units, the
official register shall be updated as development allotments are used
up to reflect these changes.
D.
The official register shall also be maintained by the Planning Board
upon final approval of each subdivision and copies made available
for inspection by the public.
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).
A.
Open space may also be dedicated to the Town, county or state governments,
transferred to a qualified nonprofit 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.
B.
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 lot
allowing only one dwelling unit. This lot shall be considered part
of, and not in addition to, the allowed density for which the parent
parcel is eligible. 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.
C.
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 homeowners' association,
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, maintenance of
any stormwater management systems as agreed upon by the Town of Waterford,
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 homeowners' association shall be operating before the sale
of any dwelling units in the development. The proposed homeowners'
association 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.
D.
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, recreation or similar purposes. The Planning
Board shall approve the form and content of any easement, declaration,
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.
E.
A conservation easement will be acceptable if:
(1)
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.
(2)
The conveyance contains appropriate provisions for proper reverting
or retransfer in the event that the conservation organization becomes
unwilling or unable to continue carrying out its functions.
(3)
A maintenance agreement acceptable to the Town is established
between the owner and the conservation organization to insure perpetual
maintenance of the open space.
(4)
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.
A.
The owner of the open space shall be responsible for raising all
monies required for operations, maintenance, or physical improvements
to the open space.
B.
Failure to adequately maintain any improvements located on the undivided
open space and keep them in reasonable operating condition is a violation
of the Zoning Law.[1] Upon appropriate authority or process, the Town may enter
the premises for necessary maintenance/restoration, and the cost of
such maintenance by the Town shall be assessed against the landowner
or, in the case of an HOA, the owners of properties within the development,
and if unpaid, shall become a tax lien on such property.
When an applicant includes only a portion of landowner's entire
parcel, a sketch layout according to this section shall be included
showing future potential subdivision of all the contiguous lands belonging
to the landowner and allocation of density. The Planning Board shall
monitor such lot splits as follows to ensure that subdivision may
be accomplished in accordance with this section and to allow the Planning
Board to adequately assess segmentation under the State Environmental
Quality Review Act.[1] Subdivision and review of the sketch plan of those locations
at this stage shall not constitute approval of the future subdivision
shown thereon.
A.
Monitoring lot splits. Whenever a subdivision occurs on parcels that
are not subdivided into the maximum number of lots allowed pursuant
to the Town of Waterford Zoning Law[2] at one time, the Planning Board shall require a notation
to be placed on all plat maps to clearly inform the landowner(s) how
many additional lots remain eligible to be created in a future subdivision.
When a conservation subdivision has been proposed and the maximum
number of lots allowed is not subdivided, an additional plat note
shall be required stating that future lots or open space requirements
may be triggered if, in the future, a major subdivision is created
from cumulative multiple minor subdivisions. In such case, all major
subdivision requirements and/or conservation subdivision requirements,
including maintaining the required percentage of the parcel as open
space, shall be met.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
