[Amended 7-11-2017 by L.L. No. 4-2017]
A.
The purpose of conservation subdivision standards shall be to enable
and encourage flexibility of design and development of lands in such
a manner as to enhance and preserve the natural and scenic qualities
of open lands. This includes the preservation of unique or significant
features of the site, including, but not limited to, a vegetative
feature (i.e., important woods, etc.), wildlife habitat, endangered
species area, unusual land formation or steep slope area of significance.
It may also include an important view or aesthetic/scenic component
of the Town, or assist in enhancing recreation opportunities consistent
with the character of the open lands being preserved.
B.
The Town of Tusten Planning Board shall be authorized, pursuant to § 278
of the Town Law and simultaneously with the approval of plats under
the Town of Tusten Subdivision Regulations,[1] to modify applicable provisions of this chapter, so as
to accommodate conservation subdivision projects. Conservation subdivisions
offer flexibility in design, facilitate the economical provision of
streets and utilities, and preserve open space. Conservation subdivisions
shall be permitted in all zoning districts except the Downtown Business
District, consistent with this section, and be processed pursuant
to subdivision plat approval procedures. Conservation subdivisions
shall apply to single-family units only.
C.
An applicant for a subdivision may voluntarily propose a conservation
subdivision. The Planning Board may, at its discretion, require that
a land parcel meeting the minimum requirements under this section
be developed in a conservation subdivision design, provided that the
parent lot possesses one or more of the following site characteristics
(for purposes of this section, the terms "parent lot" and "parcel"
are used interchangeably):
(1)
One-hundred-year floodplain or special flood hazard areas in
accordance with the Federal Emergency Management Agency's Flood
Insurance Rate Maps occupying 15% or more of the parent lot.
(2)
State and/or federal freshwater wetlands occupy 20% or more
of the parent lot.
(3)
Open water occupies 20% or more of the parent lot.
(4)
Slopes of greater than 15% occupy 20% or more of the parent
lot.
(5)
An identified critical habitat or a known endangered species
as determined by the Department of Environmental Conservation or through
a field study.
(6)
Historic sites listed on the State or National Registers of
Historic Places or other areas of historical significance to the Town.
D.
Applications. Conservation subdivision applications shall be processed
concurrently with the subdivision approval procedures set forth in
the Town of Tusten Subdivision Regulations[2] and all applicable development requirements of said regulations
shall apply.
E.
Minimum parcel size. A minimum parcel size of 20 acres shall be required
for a conservation subdivision and all lands, including open space,
proposed for a conservation subdivision shall be contiguous.
F.
Individual lot size. The size of individual building lots may be
reduced, provided no dwelling structure (single-family or two-family)
is located on less than 87,120 square feet (two acres) of land; and
further provided the total density (in individual dwelling units)
for the tract shall not exceed that which would result from a conventional
subdivision plan designed in accord with this chapter.
G.
Minimum number of lots. Conservation subdivisions shall include at
least five lots and the Planning Board shall have the authority to
require an alternative sketch plat, for any conventional subdivision
of 10 lots or more, depicting how the property might be developed
as a conservation subdivision. If this alternative sketch plan is
determined to provide a superior design in accord with the purposes
of this chapter and the same density can be achieved the Planning
Board may then require use of this technique.
H.
Density. The overall density on the parcel shall be maintained as
required by this chapter. The total number of individual building
lots permitted on the project parcel shall be determined in one of
the following two methods:
(1)
Demonstration plan method. The number of conservation subdivision
lots permitted shall be the same as the total number of buildable
lots permitted in a conventional (i.e., nonconservation) subdivision
of the same parcel. In order to determine the number of conservation
subdivision lots permitted, the applicant shall submit a subdivision
plan for the parcel as if it were to be developed in accord with all
the standards and requirements in this chapter and the Town Subdivision
Regulations[3] for a conventional (i.e., nonconservation) residential subdivision served by the designated type of water supply and a sewage disposal system. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot which, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices, shall not be considered a "buildable lot" for the purposes of this § 300-7.0; and such determination shall be made by the Planning Board.
(2)
Calculation method. The total number of dwelling units permitted
shall be determined after deducting:
(a)
Land contained within public rights-of-way;
(b)
Land contained within the rights-of-way of existing or proposed
private streets and parking areas (where formal rights-of-way are
not involved the width of the street shall be assumed as 50 feet wide);
(c)
Land contained within the boundaries of easements previously
granted to public utility corporations providing electrical or telephone
service, and any petroleum products pipeline rights-of-way, and any
railroad rights-of-way;
(d)
The area of water bodies including lakes, ponds and streams
(measured to the normal high-water mark on each side); wetland areas;
quarries; areas with slope in excess of 15%; and areas used for improvements,
from the total area of the project parcel and applying the density
as required for the district based on the type of water supply and
sewage disposal.
(3)
Crossing zoning district boundaries. In cases where the proposed conservation subdivision development falls within two or more zoning districts with differing density requirements, the Planning Board may approve in any one such zoning district or in both districts a conservation subdivision representing the cumulative density as derived from the summing of all units allowed in all such districts as determined in accord with this § 300-7.0.
I.
General planning criteria.
(1)
Preserve natural site features. Individual lots, buildings,
streets, parking areas and other improvements shall be designed and
situated to minimize alteration of the natural site features.
(2)
In accordance with sketch plan requirements in Section 3.3 of
the Town's Subdivision Law,[4] the applicant shall submit an existing and natural site
features analysis which depicts all structures, wooded areas, stream,
natural features, stone walls, wetlands, outstanding views and other
aspects of the property around which a subdivision plan should be
designed. The applicant shall also consult the Town of Tusten Natural
Resource and Open Space Inventory, on file with the Town Clerk, and
the New York State Department of Environmental Conservation's
Environmental Resource Mapper to determine sensitive areas (including
unique geological features, rare species habitats, significant natural
communities, and protected wetlands) and incorporate any findings
into the analysis. During the sketch plan and analysis phase of the
process, the Planning Board shall provide input in identifying the
conservation value of the site and such input may include but not
be limited to assistance in identifying priority areas and resources;
the influence of nearby resources; and the potential of the open space
to be set aside in realizing long-term visions or interests of the
Town in the areas of agriculture, recreation, habitat or historic
preservation, open space and habitat protection, and preservation
of natural features and scenic vistas.
(3)
Open space. Designated open space shall include irreplaceable
natural features located in the tract (such as, but not limited to,
water bodies, significant stands of trees, individual trees of significant
size, and rock outcroppings).
(4)
Visual impacts. Individual lots, buildings, and units shall
be arranged and situated to relate to surrounding properties, to improve
the view from and the view of buildings, and to lessen area devoted
to motor vehicle access, and reduce visual impacts to adjoining properties
and public roads.
(5)
Conservation subdivision design. Diversity and originality in
lot layout shall be encouraged to achieve the best possible relationship
between development and the land.
J.
Open space. Open space shall be provided in accord with this section
as follows:
(1)
Characteristics. The open space required by this section should
be selected to protect the conservation resources and values identified
in the natural site features analysis, which may include value attached
to historic, ecological, agricultural, water or scenic values.
(a)
A minimum of 20% of the gross area of the parent lot shall remain
as open space and the location and configuration of the open space
shall be approved by the Planning Board.
(b)
Open space areas shall, to the extent practicable, be contiguous.
(c)
The following uses shall be prohibited in the open space: residential,
industrial or commercial use of the open space land (except in connection
with agriculture, forestry and recreation). The Planning Board may
permit, in its discretion, access roads, driveways, local utility
distribution lines, subsurface wastewater disposal systems, trails,
temporary structures for outdoor recreation and agricultural structures
on preserved open space provided that such uses do not impair the
conservation value of the land.
(2)
Preservation and ownership. Land set aside as permanent open
space may be a separate tax parcel, but is not required to be. Such
land may be included as a portion of one or more large parcels on
which dwellings and other structures are permitted, provided that
a conservation easement, or map note and deed restriction, is placed
on such land pursuant to this section, and provided that the Planning
Board approves such configuration of the open space as part of its
subdivision approval. Any development permitted in connection with
the setting aside of open space land shall not compromise the conservation
value of such open space land.
(a)
Notations on plat. Preserved open space land shall be clearly
delineated and labeled on the final subdivision plat as to its use,
ownership, management, method of preservation, and the rights, if
any, of the owners of other lots 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 restrictive covenants
required to be filed to implement such restrictions.
(b)
Permanent preservation by conservation easement or restrictive
covenant.
[1]
A perpetual conservation easement restricting development of
the open space land and allowing use only for agriculture, forestry,
recreation, protection of natural resources, or similar conservation
purposes, pursuant to § 247 of the General Municipal Law
and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law, 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 Planning Board. Such conservation easement shall
be approved by the Planning Board. The Planning Board may require
that the conservation easement be enforceable by the Town if the Town
is not the holder of the conservation easement. The conservation easement
shall be recorded in the Sullivan County Clerk's office prior
to or simultaneously with the filing of the final subdivision plat
in the County Clerk's office. Applicants are encouraged to consult
with a qualified conservation organization in preparing a conservation
easement early in the subdivision process.
[2]
In the alternative, a restrictive covenant in the deed, and
a map note on the final plat, enforceable by the Town, may be substituted
for a conservation easement. The Planning Board shall require that
the Town be granted a third-party enforcement right providing the
Town with the right, but not the obligation, to enforce the restrictive
covenant.
[3]
The conservation easement or restrictive covenant shall prohibit
residential, industrial or commercial use of open space land (except
in connection with agriculture, forestry, and recreation), and shall
not be amendable to permit such use. Access roads, driveways, local
utility distribution lines, trails, temporary structures for outdoor
recreation and agricultural structures shall be permitted on preserved
open space land, provided that they do not impair the conservation
value of the land.
[4]
The conservation easement or restrictive covenant shall be recorded
with the County Clerk prior to the sale of any lots or dwelling units
in the subdivision.
(c)
Ownership of open space land.
[1]
Open space land may be dedicated to 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 properly manage the open space
land and to protect its conservation value.
[2]
Private ownership. If the open space is held in private ownership
it shall be incorporated within individual lots. Design of the conservation
subdivision should maximize both the contiguity of privately held
open space across individual lots and the distance of the designated
open space from residences.
(d)
Maintenance standards. Preservation standards shall be established,
enforceable by the Town against an owner of open space land as a condition
of subdivision approval, to ensure that the open space land is not
used for storage or dumping of refuse, junk, or other offensive or
hazardous materials.
(e)
If the Town Board finds that the open space is not being maintained
such that the condition of the land constitutes 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 landowner and shall,
if unpaid, become a tax lien on such property or properties.
K.
Bulk requirements.
(1)
Minimum lot size: 87,120 square feet (two acres).
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum lot coverage: 25%.
(5)
Minimum yards. Front: 50 feet; rear: 50 feet; side: 30 feet.
(6)
Lots to be buildable. Prior to approval of a conservation subdivision, each lot must be certified as a buildable lot, as defined herein and in accordance with the provisions of § 300-7.0L, M, N, & O. A buildable lot is a lot having a buildable area capable of accommodating proposed principal and accessory improvements and including, where required, an on-site water supply facility and sewage treatment system that meets the standards of the Sullivan County and/or New York State Department of Health, as applicable. The capability of each lot to accommodate an on-site water supply shall be demonstrated by the applicant's provision of hydrogeologic data, such as test well results, an engineer's statement of findings, or other assurance satisfactory to the Planning Board; and for on-site septic treatment systems, deep test pit results with acceptable percolation rates, an engineer's statement of findings, or other assurance satisfactory to the Planning Board.
L.
Water supply. All lots in the conservation subdivision shall be provided
with an adequate water supply.
M.
Sewage disposal. All lots in the conservation subdivision shall be
provided with adequate sewage disposal.
N.
Access. The conservation subdivision shall be served by two access
points to any public highway.
O.
Lot access. A buildable lot shall also adjoin and have access to
an improved street, or shall adjoin and have access to an unimproved
street that will be improved as part of the development plan for the
lot. No individual driveways shall be permitted to encroach upon any
public road right-of-way.
P.
Buffer. A buffer area of 50 feet shall be maintained between individual
building lots and exterior property lines and/or any public road right-of-way.
[Amended 7-11-2017 by L.L. No. 4-2017]
Multiple-family dwelling projects are permitted in the R2, GR,
and RB Districts, subject to special use permit and site plan review
approvals. All multiple-family dwelling projects are subject to the
applicable provisions of this chapter.
A.
Application submission. The applicant shall submit all information required in this section and in Article VIII of this chapter including the following additional information:
(1)
Application. Application for a multiple-family dwelling special
use shall be made on a form to be supplied by the Town or, in the
absence of such form, by a letter or brief from the applicant or his
or her representative indicating how the development will specifically
comply with or meet the special use and site plan review criteria
contained in this chapter.
(2)
Lot plan. A proposed lot plan showing, in addition to the information required by Article VIII of this chapter, the following:
(a)
The proposed location of all buildings and improvements including
parking areas, planting strips (if any), signs, storm drainage facilities,
water supply and distribution system, sewage treatment and collection
systems.
(b)
The specific areas, if any, to be provided as open space in
accordance with this chapter.
(c)
Building layouts, floor plans and profiles shall also be provided
indicating building dimensions, numbers, and size of units, common
ownership or use areas (apart from the open space), lighting and such
other information as shall be required to determine compliance with
the design standards contained herein. [NOTE: Compliance with New
York State Building Codes shall be determined by the Town Code Enforcement
Officer (CEO) as part of the building permit process.]
(d)
Setbacks from property lines, improvements and other buildings.
(3)
Building permit application. A completed building permit application
on forms to be supplied by the Town. A copy of the completed application
shall be also filed with the Code Enforcement Officer (CEO), who shall
collect any fees connected with that application.
C.
General planning criteria.
(1)
Natural site features. Buildings, streets, parking areas and
other improvements shall be designed and situated to minimize alteration
of the natural site features.
(2)
Open space. Where otherwise required, open space shall include
irreplaceable natural features located in the tract (such as, but
not limited to, water bodies, significant stands of trees, individual
trees of significant size, and rock outcroppings).
(3)
Visual impacts. Buildings shall be arranged and situated to
relate to surrounding properties, to improve the view from and the
view of buildings, and to lessen area devoted to motor vehicle access,
and reduce visual impacts to adjoining properties and public roads.
(4)
Development design. Diversity and originality in development
layout shall be encouraged to achieve the best possible relationship
between development and the land.
D.
Design criteria. The following design criteria shall apply to multiple-dwelling
developments:
(1)
There shall be no more than four dwellings in each multiple-dwelling
building or in multiple buildings on a single lot.
(2)
No structure shall be constructed within 50 feet of the edge
of the right-of-way of any road through the development.
(3)
Roads shall comply with minor street requirements as specified
in the Town Subdivision Regulations[1] and no parking space shall be designed such that a vehicle
would be backing or driving out onto a through road. Instead, there
shall be a defined entrance and exit to and from each parking area.
(4)
The development may be served by only one access to any public
highway, unless topography or other physical features dictate the
use of more than one access for safety reasons.
(5)
Parking shall comply with the standards of this chapter excepting
that in addition to the normal required spaces per unit there shall
be specifically provided, for every two units intended for rental
or other transient occupancy, one additional space to accommodate
guest parking needs. All off-street parking shall be adequately lighted
and arranged as to direct light away from residences.
(6)
No structure shall be erected within a distance, equal to its
own height, of any other structure.
(7)
All multiple-dwelling structures shall be a minimum of 50 feet
from any of the exterior property or boundary lines of the particular
project involved and 30 feet from any public right-of-way.
(8)
Where a property line is not wooded, a planting strip/buffer
of up to 50 feet in width or privacy fence may be required to buffer
adjoining property owners and ensure privacy. A landscaping plan may
be required by the Planning Board.
[1]
Editor's Note: Former § 300-7.2, Planned Unit
Development Districts (PUDs), was repealed 7-11-2017 by L.L. No. 4-2017.
All manufactured (aka, or "mobile") homes and manufactured (aka,
or "mobile") home parks shall comply with the Town of Tusten Manufactured
Home Law, Local law,[1] and no mobile home shall be permitted which is not placed
on a permanent foundation as required therein.
B.
Lot size. The minimum lot size for a two-family dwelling shall be 1.5 the minimum lot size required for a single-family dwelling as set forth on the schedule of district regulations (§ 300-4.0).
D.
Sewage disposal. Sewage disposal shall be provided in accord with
New York Department of Health and all other applicable sewage disposal
requirements for a two-family dwelling. In the case where the use
of an existing on-site sewage disposal system is proposed, the applicant
shall provide certification from a professional engineer of the adequacy
and compliance of said system.
E.
(Reserved)
Any conversion of any building to a residential use or the conversion
of any dwelling to accommodate additional dwelling units shall, in
addition to the other applicable standards in this chapter, comply
with the standards in this section. See §§ 300-4 and
300-6.17B for the SR and § 300-4 for RR Districts.
A.
General requirements. The conversion of any building (existing at
the time of adoption of this provision of this chapter) into a dwelling
or the conversion of any dwelling (existing at the time of adoption
of this provision of this chapter) so as to accommodate an increased
number of dwelling units, or families, shall be permitted only within
a zoning district in which a new building for similar occupancy would
be permitted under this chapter and only when the resulting occupancy
will comply with the requirements governing new construction in such
district with respect to lot coverage, off-street parking, and other
applicable standards.
B.
Lot size.
(1)
Two-family dwellings. The parcel on which the principal structure
proposed for conversion is located shall not be less than the minimum
lot size required for a single-family dwelling as set forth on the
schedule of district regulations (§ 300-4).
C.
Structural alterations. If the proposed project involves structural
alterations, the zoning application shall include a certification
of a registered architect or engineer that the existing building is
structurally sound and that the proposed conversion will not impair
its structural integrity.
D.
Sewage disposal. Sewage disposal shall be provided in accord with
New York Department of Health and all other applicable sewage disposal
requirements for the proposed number of units. In the case where the
use of an existing on-site sewage disposal system is proposed, the
applicant shall provide certification from a professional engineer
of the adequacy and compliance of said system.
[Amended 7-11-2017 by L.L. No. 4-2017]
This section shall apply to any development which involves the
ownership of open land, recreation land or common facilities (also
called "common areas") as required by this chapter and the Town of
Tusten Subdivision Regulations,[1] except as otherwise provided.
A.
Purpose. The requirements of this section are intended to assure
the ownership, use and maintenance of common areas. The general principle
shall be to assign ownership and maintenance responsibility to that
entity which is best suited for the same and which will allocate any
associated costs to the individuals which directly benefit from the
use of the common areas.
B.
Plan and legal documents. The developer shall submit a plan and proposed
legal documents for the purpose of dedicating the use, ownership and
maintenance of the approved common area for approval by the Planning
Board and its Attorney.
C.
Use restriction. The use of any common area shall be limited to those
uses which are specifically permitted or required by the applicable
sections of this chapter and the Town Subdivision Regulations.
D.
Development plan designations. The final development plan for any
project shall clearly show all common areas and specifically note
the use, ownership and maintenance responsibility of same. Reference
to legal documents governing the use, ownership and maintenance of
common areas shall be noted on the plan. Where applicable, the plan
or plat should contain the following note. Open space, recreation
land and common facilities associated with this development shall
not be further subdivided and developed, nor shall such land be used
to calculate density for any other development.
E.
Methods for use dedication and common area ownership and maintenance. The developer shall document that the common area use rights established in accord with this section will be preserved and the ongoing ownership and maintenance of all open land, recreation land and common facilities is addressed. All methods for dedication of use and common area ownership and maintenance, and any combination of methods, and any change in method which may be proposed by the ownership and maintenance entity, shall be subject to the approval of the Planning Board. Operation and maintenance provisions shall include, but not be limited to capital budgeting for repair and/or replacement of common facilities, working capital, operating expenses, casualty and liability insurance and contingencies. See also § 300-7.0J.
